Bill Text: IL HJR0039 | 2009-2010 | 96th General Assembly | Engrossed

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Bill Title: Creates the Underground Storage Tank Task Force to study the problems facing the Underground Storage Tank Fund.

Sponsorship: Slight Partisan Bill (Republican 3-1)

Status: (Passed) 2009-05-28 - Adopted Both Houses [HJR0039 Detail]

Download: Illinois-2009-HJR0039-Engrossed.html

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HOUSE JOINT RESOLUTION 39
WHEREAS, In 1993, Public Act 88-496 established the Leaking
Underground Storage Tank (LUST) program; and
WHEREAS, The purpose of the LUST program is, in accordance
with the requirements of the Federal Hazardous and Solid Waste
Amendments of 1984 of the Resource Conservation and Recovery
Act of 1976 and in accordance with the State's interest to
protect the environment, to establish procedures for the
remediation of environmental contamination caused by leaking
underground storage tanks; to oversee and review any required
remediation of sites containing those tanks; to establish an
Underground Storage Tank Fund to satisfy the financial
responsibility requirements imposed by federal and State laws
and regulations; and to establish procedures for persons
eligible to seek payment from the Fund for costs associated
with remediation; and
WHEREAS, Illinois motor fuel taxes and environmental
impact fees have financed the Fund; and
WHEREAS, Over the course of its operation, the Fund has
paid over $1 billion for eligible environmental clean-ups; and
WHEREAS, During this period, the Fund has twice experienced

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funding shortages, the current shortage requiring applicants
for reimbursement to wait up to 18 months for payment; and
WHEREAS, There is currently a backlog of unpaid claims
totaling $62 million; and
WHEREAS, If the Fund is not solvent, Illinois tank owners
and operators will be forced to find more costly methods to
satisfy their financial responsibility obligations under
federal and State laws and regulations; and
WHEREAS, The Illinois Environmental Protection Agency
estimates under the current system a future liability of $864
million to clean up projected 6500 leaking underground storage
tank sites in Illinois over the next 20 years; and
WHEREAS, Under the current system, the existing funding
sources will not be sufficient to keep up with the costs; and
WHEREAS, The cost of an average leaking underground storage
tank site where costs are reimbursed from the Fund is
significantly higher than in other states; and
WHEREAS, Current law does not contain adequate methods for
monitoring and controlling costs at leaking underground
storage tank sites where costs are reimbursed from the Fund;

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and
WHEREAS, The General Assembly finds that it is necessary to
form a Task Force to study the significant problems that the
Fund currently faces; therefore, be it
RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE
NINETY-SIXTH GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, THE
SENATE CONCURRING HEREIN, that there is created an Underground
Storage Tank Task Force to study the significant problems that
the Underground Storage Tank Fund faces and to suggest a new
approach to determine how moneys in the Fund will be used to
pay for corrective action costs in addressing petroleum
releases at sites and to study ways to monitor and control the
costs of clean-up of leaking underground storage tank sites;
and be it further
RESOLVED, That the Task Force shall consist of 11 members
appointed as follows:
(1) One person appointed by the Speaker of the House,
who shall serve as cochairman of the Task Force;
(2) One person appointed by the Minority Leader of the
House;
(3) One person appointed by the President of the
Senate, who shall serve as cochairman of the Task Force;
(4) One person appointed by the Minority Leader of the

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Senate;
(5) The Director of the Illinois Environmental
Protection Agency, or his or her representative;
(6) One person representing the Office of the State
Fire Marshall;
(7) One person, designated by the President of a
petroleum marketers' association in Illinois;
(8) One person, designated by the Director of the
Illinois Environmental Protection Agency, of a petroleum
council in Illinois;
(9) One person, designated by the Director of the
Illinois Environmental Protection Agency, of an
association of petroleum and environmental engineers in
Illinois;
(10) One person, designated by the Director of the
Illinois Environmental Protection Agency, of an
association of convenience stores in Illinois;
(11) One person, designated by the Director of the
Illinois Environmental Protection Agency, of a council of
engineering companies in Illinois; and be it further
RESOLVED, That the approaches studied by the Task Force
shall include, but shall not be limited to, the following:
(1) In order to prevent the recurrence of a backlog of
unpaid claims, requiring that the total costs approved for
reimbursement from the Fund not exceed the monies in the

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Fund available to pay the costs;
(2) Requiring that costs reimbursed from the Fund be
minimized to the greatest extent practicable, including,
but not limited to, utilization of the Illinois Pollution
Control Board's risk-based corrective action rules to the
greatest extent practicable;
(3) Requiring that costs that will be reimbursed from
the Fund be pre-approved by the State before they are
incurred;
(4) Prioritizing approvals of costs that will be
reimbursed from the Fund so that (1) sites posing a greater
threat to human health and the environment receive higher
priority than sites posing a lesser threat to human health
and the environment, and (2) sites with operating
underground storage tanks at the time of the release
receive higher priority than sites without operating
underground storage tanks at the time of the release;
(5) Competitive bidding of costs that will be
reimbursed from the Fund, with such bidding including, but
not being limited to, public notice of bid proposals; and
be it further
RESOLVED, That the Illinois Environmental Protection
Agency shall provide staff and support for the Task Force; and
be it further

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RESOLVED, That the members of the Task Force shall receive
no compensation for serving as members of the Task Force; and
be it further
RESOLVED, That the Task Force shall make its
recommendations on proposed solutions to the significant
problems facing the Leaking Underground Storage Tank Program
and Fund and shall submit a report of its findings to the
Governor and the General Assembly by December 31, 2009.