SB 3667

Select Language
  ×
The Illinois General Assembly offers the Google Translate™ service for visitor convenience. In no way should it be considered accurate as to the translation of any content herein.
Visitors of the Illinois General Assembly website are encouraged to use other translation services available on the internet.
The English language version is always the official and authoritative version of this website.
NOTE: To return to the original English language version, select the "Show Original" button on the Google Translate™ menu bar at the top of the window.
  Choose Language
  English
  Afrikaans
  Albanian
  Arabic
  Armenian
  Azerbaijani
  Basque
  Bengali
  Bosnian
  Catalan
  Croatian
  Czech
  Danish
  Dutch
  Esperanto
  Estonian
  Filipino
  Finnish
  French
  Galician
  Georgian
  German
  Greek
  Gujarati
  Haitian Creole
  Hausa
  Hawaiian
  Hebrew
  Hindi
  Hungarian
  Icelandic
  Indonesian
  Interlingua
  Interlingue
  Inuktitut
  Irish
  Italian
  Japanese
  Javanese
  Kannada
  Khmer
  Korean
  Latin
  Latvian
  Lithuanian
  Luxembourgish
  Macedonian
  Malagasy
  Malayalam
  Maltese
  Maori
  Marathi
  Myanmar
  Nepali
  Norwegian
  Odia
  Pashto
  Punjabi
  Romanian
  Russian
  Samoan
  Sango
  Sanskrit
  Sardinian
  Sindhi
  Sinhala
  Slovak
  Slovenian
  Somali
  Southern Sotho
  Spanish
  Sundanese
  Swahili
  Swedish
  Tamil
  Telugu
  Thai
  Tigrinya
  Tonga
  Turkish
  Ukrainian
  Urdu
  Vietnamese
  Welsh
  Xhosa
  Yiddish
  Yoruba
  Zulu
  Powered by Translate
  Close
Illinois General Assembly
Top Navigation Bar
  Translate
  Learn
  Select General Assembly
  Search the 104th General Assembly
  Enter search terms for legislation, members, committees, or schedules.
  ILGA.GOV
Mobile Top Bar
  Search the 104th General Assembly
  Enter keywords to search the Illinois General Assembly website.
Full Text of SB3667
Home
Legislation
Full Text
	SB3667 - 104th General Assembly
		Bill Status
		Full Text
		Votes
		Witness Slips
	Select Menu
	Bill Status
	Full Text
	Votes
	Witness Slips
	Printer Friendly Version
			Introduced
		Printer Friendly Version
		Introduced
			 Open PDF
104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
SB3667
Introduced 2/5/2026, by Sen. Doris Turner
SYNOPSIS AS INTRODUCED:
415 ILCS 5/57.11
415 ILCS 5/58.3
415 ILCS 5/58.13
Amends the Environmental Protection Act. Provides that, on July 1, 2026, and each July 1 thereafter, the State Comptroller shall direct and the State Treasurer shall transfer the sum of $5,000,000 from the Underground Storage Tank Fund to the Brownfields Redevelopment Fund. Provides that, among other things, moneys in the Brownfields Redevelopment Fund may be used for the issuance of grants or providing additional subsidization. Removes provisions limiting the size of grants to municipalities issued under the Municipal Brownfields Redevelopment Grant Program.
LRB104 19366 BDA 32814 b
A BILL FOR
		SB3667		LRB104 19366 BDA 32814 b
1    AN ACT concerning safety.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Environmental Protection Act is amended by
5changing Sections 57.11, 58.3, and 58.13 as follows:
6    (415 ILCS 5/57.11)
7    Sec. 57.11. Underground Storage Tank Fund; creation.
8    (a) There is hereby created in the State Treasury a
9special fund to be known as the Underground Storage Tank Fund.
10There shall be deposited into the Underground Storage Tank
11Fund all moneys received by the Office of the State Fire
12Marshal as fees for underground storage tanks under Sections 4
13and 5 of the Gasoline Storage Act, fees pursuant to the Motor
14Fuel Tax Law, and beginning July 1, 2013, payments pursuant to
15the Use Tax Act, the Service Use Tax Act, the Service
16Occupation Tax Act, and the Retailers' Occupation Tax Act. All
17amounts held in the Underground Storage Tank Fund shall be
18invested at interest by the State Treasurer. All income earned
19from the investments shall be deposited into the Underground
20Storage Tank Fund no less frequently than quarterly. In
21addition to any other transfers that may be provided for by
22law, beginning on July 1, 2018 and on the first day of each
23month thereafter during fiscal years 2019 through 2026 only,
		SB3667	- 2 -	LRB104 19366 BDA 32814 b
1the State Comptroller shall direct and the State Treasurer
2shall transfer an amount equal to 1/12 of $10,000,000 from the
3Underground Storage Tank Fund to the General Revenue Fund.
4Moneys in the Underground Storage Tank Fund, pursuant to
5appropriation, may be used by the Agency and the Office of the
6State Fire Marshal for the following purposes:
7        (1) To take action authorized under Section 57.12 to
8    recover costs under Section 57.12.
9        (2) To assist in the reduction and mitigation of
10    damage caused by leaks from underground storage tanks,
11    including, but not limited to, providing alternative water
12    supplies to persons whose drinking water has become
13    contaminated as a result of those leaks.
14        (3) To be used as a matching amount toward federal
15    assistance relative to the release of petroleum from
16    underground storage tanks.
17        (4) For the costs of administering activities of the
18    Agency and the Office of the State Fire Marshal relative
19    to the Underground Storage Tank Fund.
20        (5) For payment of costs of corrective action incurred
21    by and indemnification to operators of underground storage
22    tanks as provided in this Title.
23        (6) For a total of 2 demonstration projects in amounts
24    in excess of a $10,000 deductible charge designed to
25    assess the viability of corrective action projects at
26    sites which have experienced contamination from petroleum
		SB3667	- 3 -	LRB104 19366 BDA 32814 b
1    releases. Such demonstration projects shall be conducted
2    in accordance with the provision of this Title.
3        (7) Subject to appropriation, moneys in the
4    Underground Storage Tank Fund may also be used by the
5    Department of Revenue for the costs of administering its
6    activities relative to the Fund and for refunds provided
7    for in Section 13a.8 of the Motor Fuel Tax Law.
8    (b) Moneys in the Underground Storage Tank Fund may,
9pursuant to appropriation, be used by the Office of the State
10Fire Marshal or the Agency to take whatever emergency action
11is necessary or appropriate to assure that the public health
12or safety is not threatened whenever there is a release or
13substantial threat of a release of petroleum from an
14underground storage tank and for the costs of administering
15its activities relative to the Underground Storage Tank Fund.
16    (c) Beginning July 1, 1993, the Governor shall certify to
17the State Comptroller and State Treasurer the monthly amount
18necessary to pay debt service on State obligations issued
19pursuant to Section 6 of the General Obligation Bond Act. On
20the last day of each month, the Comptroller shall order
21transferred and the Treasurer shall transfer from the
22Underground Storage Tank Fund to the General Obligation Bond
23Retirement and Interest Fund the amount certified by the
24Governor, plus any cumulative deficiency in those transfers
25for prior months.
26    (d) Except as provided in subsection (c) of this Section,
		SB3667	- 4 -	LRB104 19366 BDA 32814 b
1the Underground Storage Tank Fund is not subject to
2administrative charges authorized under Section 8h of the
3State Finance Act that would in any way transfer any funds from
4the Underground Storage Tank Fund into any other fund of the
5State.
6    (e) Each fiscal year, subject to appropriation, the Agency
7may commit up to $10,000,000 of the moneys in the Underground
8Storage Tank Fund to the payment of corrective action costs
9for legacy sites that meet one or more of the following
10criteria as a result of the underground storage tank release:
11(i) the presence of free product, (ii) contamination within a
12regulated recharge area, a wellhead protection area, or the
13setback zone of a potable water supply well, (iii)
14contamination extending beyond the boundaries of the site
15where the release occurred, or (iv) such other criteria as may
16be adopted in Agency rules.
17        (1) Fund moneys committed under this subsection (e)
18    shall be held in the Fund for payment of the corrective
19    action costs for which the moneys were committed.
20        (2) The Agency may adopt rules governing the
21    commitment of Fund moneys under this subsection (e).
22        (3) This subsection (e) does not limit the use of Fund
23    moneys at legacy sites as otherwise provided under this
24    Title.
25        (4) For the purposes of this subsection (e), the term
26    "legacy site" means a site for which (i) an underground
		SB3667	- 5 -	LRB104 19366 BDA 32814 b
1    storage tank release was reported prior to January 1,
2    2005, (ii) the owner or operator has been determined
3    eligible to receive payment from the Fund for corrective
4    action costs, and (iii) the Agency did not receive any
5    applications for payment prior to January 1, 2010.
6    (f) Beginning July 1, 2013, if the amounts deposited into
7the Fund from moneys received by the Office of the State Fire
8Marshal as fees for underground storage tanks under Sections 4
9and 5 of the Gasoline Storage Act and as fees pursuant to the
10Motor Fuel Tax Law during a State fiscal year are sufficient to
11pay all claims for payment by the fund received during that
12State fiscal year, then the amount of any payments into the
13fund pursuant to the Use Tax Act, the Service Use Tax Act, the
14Service Occupation Tax Act, and the Retailers' Occupation Tax
15Act during that State fiscal year shall be deposited as
16follows: 75% thereof shall be paid into the State treasury and
1725% shall be reserved in a special account and used only for
18the transfer to the Common School Fund as part of the monthly
19transfer from the General Revenue Fund in accordance with
20Section 8a of the State Finance Act.
21    (g) Beginning July 1, 2026, and each July 1 thereafter, 
22the State Comptroller shall direct and the State Treasurer 
23shall transfer the sum of $5,000,000 from the Underground 
24Storage Tank Fund to the Brownfields Redevelopment Fund.
25(Source: P.A. 103-8, eff. 6-7-23; 103-588, eff. 6-5-24; 104-2,
26eff. 6-16-25.)
		SB3667	- 6 -	LRB104 19366 BDA 32814 b
1    (415 ILCS 5/58.3)
2    Sec. 58.3. Site Investigation and Remedial Activities
3Program; Brownfields Redevelopment Fund.
4    (a) The General Assembly hereby establishes by this Title
5a Site Investigation and Remedial Activities Program for sites
6subject to this Title. This program shall be administered by
7the Illinois Environmental Protection Agency under this Title
8XVII and rules adopted by the Illinois Pollution Control
9Board.
10    (b) (1) The General Assembly hereby creates within the
11    State Treasury a special fund to be known as the
12    Brownfields Redevelopment Fund, consisting of 2 programs
13    to be known as the "Municipal Brownfields Redevelopment
14    Grant Program" and the "Brownfields Redevelopment Loan
15    Program", which shall be used and administered by the
16    Agency as provided in Sections 58.13 and 58.15 of this Act
17    and the rules adopted under those Sections. The
18    Brownfields Redevelopment Fund ("Fund") shall contain
19    moneys transferred from the Response Contractors
20    Indemnification Fund and other moneys made available for
21    deposit into the Fund.
22        (2) The State Treasurer, ex officio, shall be the
23    custodian of the Fund, and the Comptroller shall direct
24    payments from the Fund upon vouchers properly certified by
25    the Agency. The Treasurer shall credit to the Fund
		SB3667	- 7 -	LRB104 19366 BDA 32814 b
1    interest earned on moneys contained in the Fund. The
2    Agency shall have the authority to accept, receive, and
3    administer on behalf of the State any grants, gifts,
4    loans, reimbursements or payments for services, or other
5    moneys made available to the State from any source for
6    purposes of the Fund. Those moneys shall be deposited into
7    the Fund, unless otherwise required by the Environmental
8    Protection Act or by federal law.
9        (3) Pursuant to appropriation, all moneys in the Fund
10    shall be used by the Agency for the purposes set forth in
11    subdivision (b)(4) of this Section and Sections 58.13 and
12    58.15 of this Act and to cover the Agency's costs of
13    program development and administration under those
14    Sections.
15        (4) The Agency shall have the power to enter into
16    intergovernmental agreements with the federal government
17    or the State, or any instrumentality thereof, for purposes
18    of capitalizing the Brownfields Redevelopment Fund. Moneys
19    on deposit in the Brownfields Redevelopment Fund may be
20    used for the issuance of grants or providing additional 
21    subsidization or for the creation of reserve funds or
22    pledged funds that secure the obligations of repayment of
23    loans made pursuant to Section 58.15 of this Act. For the
24    purpose of obtaining capital for deposit into the
25    Brownfields Redevelopment Fund, the Agency may also enter
26    into agreements with financial institutions and other
		SB3667	- 8 -	LRB104 19366 BDA 32814 b
1    persons for the purpose of selling loans and developing a
2    secondary market for such loans. The Agency shall have the
3    power to create and establish such reserve funds and
4    accounts as may be necessary or desirable to accomplish
5    its purposes under this subsection and to allocate its
6    available moneys into such funds and accounts. Investment
7    earnings on moneys held in the Brownfields Redevelopment
8    Fund, including any reserve fund or pledged fund, shall be
9    deposited into the Brownfields Redevelopment Fund.
10        (5) The Agency is authorized to administer funds made
11    available to the Agency under federal law, including but
12    not limited to the Small Business Liability Relief and
13    Brownfields Revitalization Act, related to brownfields
14    cleanup and reuse in accordance with that law and this
15    Title.
16(Source: P.A. 95-331, eff. 8-21-07.)
17    (415 ILCS 5/58.13)
18    Sec. 58.13. Municipal Brownfields Redevelopment Grant
19Program.
20    (a) (1) The Agency shall establish and administer a
21    program of grants, to be known as the Municipal
22    Brownfields Redevelopment Grant Program, to provide
23    municipalities in Illinois with financial assistance to be
24    used for coordination of activities related to brownfields
25    redevelopment, including but not limited to identification
		SB3667	- 9 -	LRB104 19366 BDA 32814 b
1    of brownfields sites, including those sites within River
2    Edge Redevelopment Zones, site investigation and
3    determination of remediation objectives and related plans
4    and reports, development of remedial action plans, and
5    implementation of remedial action plans and remedial
6    action completion reports. The plans and reports shall be
7    developed in accordance with Title XVII of this Act.
8        (2) Grants shall be awarded on a competitive basis
9    subject to availability of funding. Criteria for awarding
10    grants shall include, but shall not be limited to the
11    following:
12            (A) problem statement and needs assessment;
13            (B) community-based planning and involvement;
14            (C) implementation planning; and
15            (D) long-term benefits and sustainability.
16        (3) The Agency may give weight to geographic location
17    to enhance geographic distribution of grants across this
18    State.
19        (4) (Blank). [Except for grants to municipalities with ]
20    [designated River Edge Redevelopment Zones, grants shall be ]
21    [limited to a maximum of $240,000, and no municipality ]
22    [shall receive more than this amount under this Section. ]
23    [For grants to municipalities with designated River Edge ]
24    [Redevelopment Zones and grants to municipalities awarded ]
25    [from funds provided under the American Recovery and ]
26    [Reinvestment Act of 2009, grants shall be limited to a ]
		SB3667	- 10 -	LRB104 19366 BDA 32814 b
1    [maximum of $2,000,000 and no municipality shall receive ]
2    [more than this amount under this Section. For grants to ]
3    [municipalities awarded from funds provided under the ]
4    [American Recovery and Reinvestment Act of 2009, grants ]
5    [shall be limited to a maximum of $1,000,000 and no ]
6    [municipality shall receive more than this amount under ]
7    [this Section.]
8        (5) Except as otherwise provided by Agency rule, grant
9    [Grant] amounts shall not exceed 70% of the project amount,
10    with the remainder to be provided by the municipality as
11    local matching funds.
12    (b) The Agency shall have the authority to enter into any
13contracts or agreements that may be necessary to carry out its
14duties or responsibilities under this Section. The Agency
15shall have the authority to adopt rules setting forth
16procedures and criteria for administering the Municipal
17Brownfields Redevelopment Grant Program. The rules adopted by
18the Agency may include but shall not be limited to the
19following:
20        (1) purposes for which grants are available;
21        (2) application periods and content of applications;
22        (3) procedures and criteria for Agency review of grant
23    applications, grant approvals and denials, and grantee
24    acceptance;
25        (4) grant payment schedules;
26        (5) grantee responsibilities for work schedules, work
		SB3667	- 11 -	LRB104 19366 BDA 32814 b
1    plans, reports, and record keeping;
2        (6) evaluation of grantee performance, including but
3    not limited to auditing and access to sites and records;
4        (7) requirements applicable to contracting and
5    subcontracting by the grantee;
6        (8) penalties for noncompliance with grant
7    requirements and conditions, including stop-work orders,
8    termination of grants, and recovery of grant funds;
9        (9) indemnification of this State and the Agency by
10    the grantee; and
11        (10) manner of compliance with the Local Government
12    Professional Services Selection Act.
13    (c) Moneys in the Brownfields Redevelopment Fund may be
14used by the Agency to take whatever preventive or corrective
15action, including but not limited to removal or remedial
16action, is necessary or appropriate in response to a release
17or substantial threat of a release of:
18        (1) a hazardous substance or pesticide; or
19        (2) petroleum from an underground storage tank.
20    The State, the Director, and any State employee shall be
21indemnified for any damages or injury arising out of or
22resulting from any action taken pursuant to this subsection
23(c) and subsection (d)(2) of Section 4 of this Act. The Agency
24has the authority to enter into such contracts and agreements
25as may be necessary, and as expeditiously as necessary, to
26carry out preventive or corrective action pursuant to this
		SB3667	- 12 -	LRB104 19366 BDA 32814 b
1subsection (c) and subsection (d)(2) of Section 4 of this Act.
2(Source: P.A. 96-45, eff. 7-15-09.)