Full Text of SB1543 97th General Assembly
SB1543ham001 97TH GENERAL ASSEMBLY | Rep. Thomas Holbrook Filed: 5/18/2011
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| 1 | | AMENDMENT TO SENATE BILL 1543
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 1543 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Environmental Protection Act is amended by | 5 | | changing Section 57.11 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 special | 9 | | fund
to be known as the Underground Storage Tank Fund. There | 10 | | shall be deposited
into the Underground Storage Tank Fund all | 11 | | monies received by the Office of the
State Fire Marshal as fees | 12 | | for underground storage tanks under Sections 4 and 5
of the | 13 | | Gasoline Storage Act and as fees pursuant to the Motor Fuel Tax | 14 | | Law.
All amounts held in the Underground Storage Tank Fund | 15 | | shall be invested at
interest by the State Treasurer. All | 16 | | income earned from the investments shall
be deposited into the |
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| 1 | | Underground Storage Tank Fund no less frequently than
| 2 | | quarterly. Moneys in the Underground Storage Tank Fund, | 3 | | pursuant to
appropriation, may be used by the Agency and the | 4 | | Office of the State Fire
Marshal for the following purposes: | 5 | | (1) To take action authorized under Section 57.12 to | 6 | | recover costs under
Section 57.12. | 7 | | (2) To assist in the reduction and mitigation of damage | 8 | | caused by leaks
from underground storage tanks, including | 9 | | but not limited to, (i) providing
alternative water | 10 | | supplies to persons whose drinking water has become
| 11 | | contaminated as a result of those leaks and (ii) | 12 | | reimbursing local governments for costs of remediating | 13 | | contamination from UST releases for which a highway | 14 | | authority agreement entered into between a local | 15 | | government and a UST owner or operator is used as an | 16 | | institutional control in accordance with Board rules . | 17 | | (3) To be used as a matching amount towards federal | 18 | | assistance relative to
the release of petroleum from | 19 | | underground storage tanks. | 20 | | (4) For the costs of administering activities of the | 21 | | Agency and the Office
of the State Fire Marshal relative to | 22 | | the Underground Storage Tank Fund. | 23 | | (5) For payment of costs of corrective action incurred | 24 | | by and
indemnification to operators of underground storage | 25 | | tanks as provided in this
Title. | 26 | | (6) For a total of 2 demonstration projects in amounts |
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| 1 | | in excess of a
$10,000 deductible charge designed to assess | 2 | | the viability of corrective action
projects at sites which | 3 | | have experienced contamination from petroleum releases.
| 4 | | Such demonstration projects shall be conducted in | 5 | | accordance with the provision
of this Title. | 6 | | (7) Subject to appropriation, moneys in the | 7 | | Underground Storage Tank Fund
may also be used by the | 8 | | Department of Revenue for the costs of administering
its | 9 | | activities relative to the Fund and for refunds provided | 10 | | for in Section
13a.8 of the Motor Fuel Tax Act. | 11 | | (b) Moneys in the Underground Storage Tank Fund may, | 12 | | pursuant to
appropriation, be used by the Office of the State | 13 | | Fire Marshal or the Agency to
take whatever emergency action is | 14 | | necessary or appropriate to assure that the
public health or | 15 | | safety is not threatened whenever there is a release or
| 16 | | substantial threat of a release of petroleum from an | 17 | | underground storage tank
and for the costs of administering its | 18 | | activities relative to the Underground
Storage Tank Fund. | 19 | | (c) Beginning July 1, 1993, the Governor shall certify to | 20 | | the State
Comptroller and State Treasurer the monthly amount | 21 | | necessary to pay debt
service on State obligations issued | 22 | | pursuant to Section 6 of the General
Obligation Bond Act. On | 23 | | the last day of each month, the Comptroller shall order
| 24 | | transferred and the Treasurer shall transfer from the | 25 | | Underground Storage Tank
Fund to the General Obligation Bond | 26 | | Retirement and Interest Fund the amount
certified by the |
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| 1 | | Governor, plus any cumulative deficiency in those transfers
for | 2 | | prior months. | 3 | | (d) Except as provided in subsection (c) of this Section, | 4 | | the Underground Storage Tank Fund is not subject to | 5 | | administrative charges authorized under Section 8h of the State | 6 | | Finance Act that would in any way transfer any funds from the | 7 | | Underground Storage Tank Fund into any other fund of the State. | 8 | | (e) Beginning January 1, 2013, each Each fiscal year, | 9 | | subject to appropriation, the Agency may commit up to | 10 | | $10,000,000 of the moneys in the Underground Storage Tank Fund | 11 | | to the payment of corrective action costs for legacy sites that | 12 | | meet one or more of the following criteria as a result of the | 13 | | underground storage tank release: (i) the presence of free | 14 | | product, (ii) contamination within a regulated recharge area, a | 15 | | wellhead protection area, or the setback zone of a potable | 16 | | water supply well, (iii) contamination extending beyond the | 17 | | boundaries of the site where the release occurred, or (iv) such | 18 | | other criteria as may be adopted in Agency rules. | 19 | | (1) Fund moneys committed under this subsection (e) | 20 | | shall be held in the Fund for payment of the corrective | 21 | | action costs for which the moneys were committed. | 22 | | (2) The Agency may adopt rules governing the commitment | 23 | | of Fund moneys under this subsection (e). | 24 | | (3) This subsection (e) does not limit the use of Fund | 25 | | moneys at legacy sites as otherwise provided under this | 26 | | Title. |
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| 1 | | (4) For the purposes of this subsection (e), the term | 2 | | "legacy site" means a site for which (i) an underground | 3 | | storage tank release was reported prior to January 1, 2005, | 4 | | (ii) the owner or operator has been determined eligible to | 5 | | receive payment from the Fund for corrective action costs, | 6 | | and (iii) the Agency did not receive any applications for | 7 | | payment prior to January 1, 2010. | 8 | | (f) Beginning January 1, 2013, each fiscal year, subject to | 9 | | appropriation, up to $250,000 of the moneys in the Underground | 10 | | Storage Tank Fund may be used by the Illinois Department of | 11 | | Transportation to remediate contamination from UST releases | 12 | | for which highway authority agreements entered into between the | 13 | | Illinois Department of Transportation and UST owners or | 14 | | operators are used as institutional controls in accordance with | 15 | | Board rules. | 16 | | (Source: P.A. 96-34, eff. 7-13-09; 96-908, eff. 6-8-10.)".
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