HB 5317

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Full Text of HB5317
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	HB5317 - 104th General Assembly
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			House Amendment 001
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		HB5317 Enrolled		LRB104 19748 BDA 33198 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 57.1, 57.2, and 57.11 as follows:
6    (415 ILCS 5/57.1)
7    Sec. 57.1. Applicability.
8    (a) An owner or operator of an underground storage tank
9who meets the definition of this Title shall be required to
10conduct tank removal, abandonment and repair, site
11investigation, and corrective action in accordance with the
12requirements of the Leaking Underground Storage Tank Program.
13    (b) An owner or operator of a heating oil tank as defined
14by this Title may elect to perform tank removal, abandonment
15or repair, site investigation, or corrective action, unless
16the provisions of subsection (g) of Section 57.5 are
17applicable.
18    (c) All owners or operators who conduct tank removal,
19repair or abandonment, site investigation, or corrective
20action may be eligible for the relief provided for under
21Section 57.10 of this Title.
22    (d) The owners or operators, or both, of underground
23storage tanks containing regulated substances other than
		HB5317 Enrolled	- 2 -	LRB104 19748 BDA 33198 b
1petroleum shall undertake corrective action in conformance
2with regulations promulgated by the Illinois Pollution Control
3Board.
4    (e) A municipality or county may, to the same extent as an 
5owner or operator, conduct tank removal, abandonment, site 
6investigation, and corrective action with respect to a 
7petroleum orphan underground storage tank. Such actions must 
8be conducted in accordance with the requirements of the 
9Leaking Underground Storage Tank Program, except that a 
10municipality or county does not have to elect to proceed as an 
11owner pursuant to Section 57.2 and the costs of such actions 
12shall be eligible for payment from the Underground Storage 
13Tank Fund pursuant to paragraph (5.5) of subsection (a) of 
14Section 57.11.
15(Source: P.A. 92-554, eff. 6-24-02.)
16    (415 ILCS 5/57.2)
17    Sec. 57.2. Definitions. As used in this Title:
18    "Audit" means a systematic inspection or examination of
19plans, reports, records, or documents to determine the
20completeness and accuracy of the data and conclusions
21contained therein.
22    "Bodily injury" means bodily injury, sickness, or disease
23sustained by a person, including death at any time, resulting
24from a release of petroleum from an underground storage tank.
25    "Release" means any spilling, leaking, emitting,
		HB5317 Enrolled	- 3 -	LRB104 19748 BDA 33198 b
1discharging, escaping, leaching or disposing of petroleum from
2an underground storage tank into groundwater, surface water or
3subsurface soils.
4    "Fill material" means non-native or disturbed materials
5used to bed and backfill around an underground storage tank.
6    "Fund" means the Underground Storage Tank Fund.
7    "Heating Oil" means petroleum that is No. 1, No. 2, No. 4 -
8light, No. 4 - heavy, No. 5 - light, No. 5 - heavy or No. 6
9technical grades of fuel oil; and other residual fuel oils
10including Navy Special Fuel Oil and Bunker C.
11    "Indemnification" means indemnification of an owner or
12operator for the amount of any judgment entered against the
13owner or operator in a court of law, for the amount of any
14final order or determination made against the owner or
15operator by an agency of State government or any subdivision
16thereof, or for the amount of any settlement entered into by
17the owner or operator, if the judgment, order, determination,
18or settlement arises out of bodily injury or property damage
19suffered as a result of a release of petroleum from an
20underground storage tank owned or operated by the owner or
21operator.
22    "Corrective action" means activities associated with
23compliance with the provisions of Sections 57.6 and 57.7 of
24this Title.
25    "Occurrence" means an accident, including continuous or
26repeated exposure to conditions, that results in a sudden or
		HB5317 Enrolled	- 4 -	LRB104 19748 BDA 33198 b
1nonsudden release from an underground storage tank.
2    When used in connection with, or when otherwise relating
3to, underground storage tanks, the terms "facility", "owner",
4"operator", "underground storage tank", "(UST)", "petroleum"
5and "regulated substance" shall have the meanings ascribed to
6them in Subtitle I of the Hazardous and Solid Waste Amendments
7of 1984 (P.L. 98-616), of the Resource Conservation and
8Recovery Act of 1976 (P.L. 94-580); provided however that the
9term "underground storage tank" shall also mean an underground
10storage tank used exclusively to store heating oil for
11consumptive use on the premises where stored and which serves
12other than a farm or residential unit; provided further
13however that the term "owner" shall also mean any person who
14has submitted to the Agency a written election to proceed
15under this Title and has acquired an ownership interest in a
16site on which one or more registered tanks have been removed,
17but on which corrective action has not yet resulted in the
18issuance of a "no further remediation letter" by the Agency
19pursuant to this Title.
20    "Licensed Professional Engineer" means a person,
21corporation, or partnership licensed under the laws of the
22State of Illinois to practice professional engineering.
23    "Licensed Professional Geologist" means a person licensed
24under the laws of the State of Illinois to practice as a
25professional geologist.
26    "Orphan underground storage tank" means an underground 
		HB5317 Enrolled	- 5 -	LRB104 19748 BDA 33198 b
1storage tank that does not have an owner or operator subject to 
2the requirements of this Title.
3    "Site" means any single location, place, tract of land or
4parcel of property including contiguous property not separated
5by a public right-of-way.
6    "Site investigation" means activities associated with
7compliance with the provisions of subsection (a) of Section
857.7.
9    "Property damage" means physical injury to, destruction
10of, or contamination of tangible property, including all
11resulting loss of use of that property; or loss of use of
12tangible property that is not physically injured, destroyed,
13or contaminated, but has been evacuated, withdrawn from use,
14or rendered inaccessible because of a release of petroleum
15from an underground storage tank.
16    "Class I Groundwater" means groundwater that meets the
17Class I: Potable Resource Groundwater criteria set forth in
18the Board regulations adopted pursuant to the Illinois
19Groundwater Protection Act.
20    "Class III Groundwater" means groundwater that meets the
21Class III: Special Resource Groundwater criteria set forth in
22the Board regulations adopted pursuant to the Illinois
23Groundwater Protection Act.
24(Source: P.A. 94-274, eff. 1-1-06.)
25    (415 ILCS 5/57.11)
		HB5317 Enrolled	- 6 -	LRB104 19748 BDA 33198 b
1    Sec. 57.11. Underground Storage Tank Fund; creation.
2    (a) There is hereby created in the State Treasury a
3special fund to be known as the Underground Storage Tank Fund.
4There shall be deposited into the Underground Storage Tank
5Fund all moneys received by the Office of the State Fire
6Marshal as fees for underground storage tanks under Sections 4
7and 5 of the Gasoline Storage Act, fees pursuant to the Motor
8Fuel Tax Law, and beginning July 1, 2013, payments pursuant to
9the Use Tax Act, the Service Use Tax Act, the Service
10Occupation Tax Act, and the Retailers' Occupation Tax Act. All
11amounts held in the Underground Storage Tank Fund shall be
12invested at interest by the State Treasurer. All income earned
13from the investments shall be deposited into the Underground
14Storage Tank Fund no less frequently than quarterly. In
15addition to any other transfers that may be provided for by
16law, beginning on July 1, 2018 and on the first day of each
17month thereafter during fiscal years 2019 through 2026 only,
18the State Comptroller shall direct and the State Treasurer
19shall transfer an amount equal to 1/12 of $10,000,000 from the
20Underground Storage Tank Fund to the General Revenue Fund.
21Moneys in the Underground Storage Tank Fund, pursuant to
22appropriation, may be used by the Agency and the Office of the
23State Fire Marshal for the following purposes:
24        (1) To take action authorized under Section 57.12 and
25    to recover costs under Section 57.12.
26        (2) To assist in the reduction and mitigation of
		HB5317 Enrolled	- 7 -	LRB104 19748 BDA 33198 b
1    damage caused by leaks from underground storage tanks,
2    including, but not limited to, providing alternative water
3    supplies to persons whose drinking water has become
4    contaminated as a result of those leaks.
5        (3) To be used as a matching amount toward federal
6    assistance relative to the release of petroleum from
7    underground storage tanks.
8        (4) For the costs of administering activities of the
9    Agency and the Office of the State Fire Marshal relative
10    to the Underground Storage Tank Fund.
11        (5) For payment of costs of corrective action incurred
12    by and indemnification to owners and operators of
13    underground storage tanks as provided in this Title.
14        (5.5) For payment of costs incurred by municipalities 
15    or counties pursuant to subsection (e) of Section 57.1. 
16    Municipalities and counties shall be eligible for payment 
17    under this paragraph to the same extent as owners and 
18    operators under paragraph (5) of this subsection, except 
19    that payment shall not be subject to underground storage 
20    tank registration or fees, an eligibility determination, 
21    or a deductible.
22        (6) For a total of 2 demonstration projects in amounts
23    in excess of a $10,000 deductible charge designed to
24    assess the viability of corrective action projects at
25    sites which have experienced contamination from petroleum
26    releases. Such demonstration projects shall be conducted
		HB5317 Enrolled	- 8 -	LRB104 19748 BDA 33198 b
1    in accordance with the provision of this Title.
2        (7) Subject to appropriation, moneys in the
3    Underground Storage Tank Fund may also be used by the
4    Department of Revenue for the costs of administering its
5    activities relative to the Fund and for refunds provided
6    for in Section 13a.8 of the Motor Fuel Tax Law.
7    (b) Moneys in the Underground Storage Tank Fund may,
8pursuant to appropriation, be used by the Office of the State
9Fire Marshal or the Agency to take whatever emergency action
10is necessary or appropriate to assure that the public health
11or safety is not threatened whenever there is a release or
12substantial threat of a release of petroleum from an
13underground storage tank and for the costs of administering
14its activities relative to the Underground Storage Tank Fund.
15    (c) Beginning July 1, 1993, the Governor shall certify to
16the State Comptroller and State Treasurer the monthly amount
17necessary to pay debt service on State obligations issued
18pursuant to Section 6 of the General Obligation Bond Act. On
19the last day of each month, the Comptroller shall order
20transferred and the Treasurer shall transfer from the
21Underground Storage Tank Fund to the General Obligation Bond
22Retirement and Interest Fund the amount certified by the
23Governor, plus any cumulative deficiency in those transfers
24for prior months.
25    (d) Except as provided in subsection (c) of this Section,
26the Underground Storage Tank Fund is not subject to
		HB5317 Enrolled	- 9 -	LRB104 19748 BDA 33198 b
1administrative charges authorized under Section 8h of the
2State Finance Act that would in any way transfer any funds from
3the Underground Storage Tank Fund into any other fund of the
4State.
5    (e) Each fiscal year, subject to appropriation, the Agency
6may commit up to $10,000,000 of the moneys in the Underground
7Storage Tank Fund to the payment of corrective action costs
8for legacy sites that meet one or more of the following
9criteria as a result of the underground storage tank release:
10(i) the presence of free product, (ii) contamination within a
11regulated recharge area, a wellhead protection area, or the
12setback zone of a potable water supply well, (iii)
13contamination extending beyond the boundaries of the site
14where the release occurred, or (iv) such other criteria as may
15be adopted in Agency rules.
16        (1) Fund moneys committed under this subsection (e)
17    shall be held in the Fund for payment of the corrective
18    action costs for which the moneys were committed.
19        (2) The Agency may adopt rules governing the
20    commitment of Fund moneys under this subsection (e).
21        (3) This subsection (e) does not limit the use of Fund
22    moneys at legacy sites as otherwise provided under this
23    Title.
24        (4) For the purposes of this subsection (e), the term
25    "legacy site" means a site for which (i) an underground
26    storage tank release was reported prior to January 1,
		HB5317 Enrolled	- 10 -	LRB104 19748 BDA 33198 b
1    2005, (ii) the owner or operator has been determined
2    eligible to receive payment from the Fund for corrective
3    action costs, and (iii) the Agency did not receive any
4    applications for payment prior to January 1, 2010.
5    (f) Beginning July 1, 2013, if the amounts deposited into
6the Fund from moneys received by the Office of the State Fire
7Marshal as fees for underground storage tanks under Sections 4
8and 5 of the Gasoline Storage Act and as fees pursuant to the
9Motor Fuel Tax Law during a State fiscal year are sufficient to
10pay all claims for payment by the fund received during that
11State fiscal year, then the amount of any payments into the
12fund pursuant to the Use Tax Act, the Service Use Tax Act, the
13Service Occupation Tax Act, and the Retailers' Occupation Tax
14Act during that State fiscal year shall be deposited as
15follows: 75% thereof shall be paid into the State treasury and
1625% shall be reserved in a special account and used only for
17the transfer to the Common School Fund as part of the monthly
18transfer from the General Revenue Fund in accordance with
19Section 8a of the State Finance Act.
20(Source: P.A. 103-8, eff. 6-7-23; 103-588, eff. 6-5-24; 104-2,
21eff. 6-16-25.)