Illinois 2025-2026 Regular Session

Illinois House Bill HB2954 Compare Versions

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11 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB2954 Introduced , by Rep. Abdelnasser Rashid SYNOPSIS AS INTRODUCED: New Act30 ILCS 105/5.1030 new Creates the Taxpayer Relief from Ubiquitous Synthetic Toxics (TRUST) Act. Creates the PFAS Fund as a special fund in the State treasury. Provides that the Fund shall include settlements from enforcement actions brought by the Attorney General, as well as other moneys. Provides for a PFAS Grant Program funded by the PFAS Fund to cover PFAS-related costs of eligible entities as determined by the Environmental Protection Agency. Provides for a PFAS Reimbursement Program funded by the PFAS Fund to cover PFAS-related costs of eligible entities as determined by the Agency. Provides rules for payments of reimbursements or grant awards. Provides that the Agency shall administer the Act and adopt rules. Provides for enforcement of the Act. Creates a tax on manufacturing PFAS. Provides that the Agency shall propose to the Pollution Control Board, and no later than one year after receipt of the Agency's proposal, the Board shall adopt, rules specifying which PFAS chemicals are subject to the tax and the applicable rate for each PFAS chemical determined to be subject to the tax. Provides for a manufacturer to file a return with the Department of Revenue, with certain requirements. Provides that the Department shall administer the tax and adopt rules. Provides that moneys collected under the tax shall be deposited into the PFAS Fund. Provides that final Agency decisions made under the PFAS Reimbursement Program shall be subject to review in the same manner as appeals of permit denial under provisions in the Environmental Protection Act. Provides that all other final administrative decisions made under the Act are subject to review in accordance with the Administrative Review Law. States the purpose of the Act. Defines terms. Makes conforming changes to the State Finance Act. Effective immediately. LRB104 07327 BDA 17366 b A BILL FOR 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB2954 Introduced , by Rep. Abdelnasser Rashid SYNOPSIS AS INTRODUCED: New Act30 ILCS 105/5.1030 new New Act 30 ILCS 105/5.1030 new Creates the Taxpayer Relief from Ubiquitous Synthetic Toxics (TRUST) Act. Creates the PFAS Fund as a special fund in the State treasury. Provides that the Fund shall include settlements from enforcement actions brought by the Attorney General, as well as other moneys. Provides for a PFAS Grant Program funded by the PFAS Fund to cover PFAS-related costs of eligible entities as determined by the Environmental Protection Agency. Provides for a PFAS Reimbursement Program funded by the PFAS Fund to cover PFAS-related costs of eligible entities as determined by the Agency. Provides rules for payments of reimbursements or grant awards. Provides that the Agency shall administer the Act and adopt rules. Provides for enforcement of the Act. Creates a tax on manufacturing PFAS. Provides that the Agency shall propose to the Pollution Control Board, and no later than one year after receipt of the Agency's proposal, the Board shall adopt, rules specifying which PFAS chemicals are subject to the tax and the applicable rate for each PFAS chemical determined to be subject to the tax. Provides for a manufacturer to file a return with the Department of Revenue, with certain requirements. Provides that the Department shall administer the tax and adopt rules. Provides that moneys collected under the tax shall be deposited into the PFAS Fund. Provides that final Agency decisions made under the PFAS Reimbursement Program shall be subject to review in the same manner as appeals of permit denial under provisions in the Environmental Protection Act. Provides that all other final administrative decisions made under the Act are subject to review in accordance with the Administrative Review Law. States the purpose of the Act. Defines terms. Makes conforming changes to the State Finance Act. Effective immediately. LRB104 07327 BDA 17366 b LRB104 07327 BDA 17366 b A BILL FOR
22 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB2954 Introduced , by Rep. Abdelnasser Rashid SYNOPSIS AS INTRODUCED:
33 New Act30 ILCS 105/5.1030 new New Act 30 ILCS 105/5.1030 new
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55 30 ILCS 105/5.1030 new
66 Creates the Taxpayer Relief from Ubiquitous Synthetic Toxics (TRUST) Act. Creates the PFAS Fund as a special fund in the State treasury. Provides that the Fund shall include settlements from enforcement actions brought by the Attorney General, as well as other moneys. Provides for a PFAS Grant Program funded by the PFAS Fund to cover PFAS-related costs of eligible entities as determined by the Environmental Protection Agency. Provides for a PFAS Reimbursement Program funded by the PFAS Fund to cover PFAS-related costs of eligible entities as determined by the Agency. Provides rules for payments of reimbursements or grant awards. Provides that the Agency shall administer the Act and adopt rules. Provides for enforcement of the Act. Creates a tax on manufacturing PFAS. Provides that the Agency shall propose to the Pollution Control Board, and no later than one year after receipt of the Agency's proposal, the Board shall adopt, rules specifying which PFAS chemicals are subject to the tax and the applicable rate for each PFAS chemical determined to be subject to the tax. Provides for a manufacturer to file a return with the Department of Revenue, with certain requirements. Provides that the Department shall administer the tax and adopt rules. Provides that moneys collected under the tax shall be deposited into the PFAS Fund. Provides that final Agency decisions made under the PFAS Reimbursement Program shall be subject to review in the same manner as appeals of permit denial under provisions in the Environmental Protection Act. Provides that all other final administrative decisions made under the Act are subject to review in accordance with the Administrative Review Law. States the purpose of the Act. Defines terms. Makes conforming changes to the State Finance Act. Effective immediately.
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1212 1 AN ACT concerning safety.
1313 2 Be it enacted by the People of the State of Illinois,
1414 3 represented in the General Assembly:
1515 4 Section 1. Short title. This Act may be cited as the
1616 5 Taxpayer Relief from Ubiquitous Synthetic Toxics (TRUST) Act.
1717 6 Section 5. Purpose. The purpose of this Act is, in
1818 7 accordance with the State's interest in the protection of
1919 8 Illinois' residents' public health, natural resources, and
2020 9 fiscal health:
2121 10 (1) to impose a tax on PFAS manufacturers to fulfill the
2222 11 purposes of this Act;
2323 12 (2) to establish a State fund from which eligible entities
2424 13 may be reimbursed for PFAS-related costs or awarded grants for
2525 14 research and other purposes; and
2626 15 (3) to establish requirements for the Illinois
2727 16 Environmental Protection Agency to administer the Fund.
2828 17 Section 10. Definitions. In this Act:
2929 18 "Agency" means the Environmental Protection Agency.
3030 19 "Board" means the Pollution Control Board.
3131 20 "Department" means the Department of Revenue.
3232 21 "Eligible entity" means a publicly owned utility
3333 22 identified by the Agency as an entity that may qualify for
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3737 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB2954 Introduced , by Rep. Abdelnasser Rashid SYNOPSIS AS INTRODUCED:
3838 New Act30 ILCS 105/5.1030 new New Act 30 ILCS 105/5.1030 new
3939 New Act
4040 30 ILCS 105/5.1030 new
4141 Creates the Taxpayer Relief from Ubiquitous Synthetic Toxics (TRUST) Act. Creates the PFAS Fund as a special fund in the State treasury. Provides that the Fund shall include settlements from enforcement actions brought by the Attorney General, as well as other moneys. Provides for a PFAS Grant Program funded by the PFAS Fund to cover PFAS-related costs of eligible entities as determined by the Environmental Protection Agency. Provides for a PFAS Reimbursement Program funded by the PFAS Fund to cover PFAS-related costs of eligible entities as determined by the Agency. Provides rules for payments of reimbursements or grant awards. Provides that the Agency shall administer the Act and adopt rules. Provides for enforcement of the Act. Creates a tax on manufacturing PFAS. Provides that the Agency shall propose to the Pollution Control Board, and no later than one year after receipt of the Agency's proposal, the Board shall adopt, rules specifying which PFAS chemicals are subject to the tax and the applicable rate for each PFAS chemical determined to be subject to the tax. Provides for a manufacturer to file a return with the Department of Revenue, with certain requirements. Provides that the Department shall administer the tax and adopt rules. Provides that moneys collected under the tax shall be deposited into the PFAS Fund. Provides that final Agency decisions made under the PFAS Reimbursement Program shall be subject to review in the same manner as appeals of permit denial under provisions in the Environmental Protection Act. Provides that all other final administrative decisions made under the Act are subject to review in accordance with the Administrative Review Law. States the purpose of the Act. Defines terms. Makes conforming changes to the State Finance Act. Effective immediately.
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7070 1 participation in the PFAS Grant Program or the PFAS
7171 2 Reimbursement Program established under this Act. "Eligible
7272 3 entity" includes a research institution that can provide
7373 4 independent research for the destruction, treatment, or
7474 5 remediation of PFAS.
7575 6 "Fund" means the PFAS Fund described in this Act.
7676 7 "PFAS chemical" or "PFAS" means any of the perfluoroalkyl
7777 8 substances or polyfluoralkyl substances included in the United
7878 9 States Environmental Protection Agency's expanded ToxCast
7979 10 chemical inventory.
8080 11 "PFAS manufacturer" or "manufacturer" means a person or
8181 12 entity who manufactures PFAS chemicals, as defined in this
8282 13 Act, or who manufactures or assembles a product containing
8383 14 such chemicals, with the exception of an eligible entity, a
8484 15 publicly owned treatment works, and a publicly owned utility
8585 16 as defined in this Act.
8686 17 "PFAS-related costs" means costs that are determined by
8787 18 the Agency to relate to a project to be funded through the PFAS
8888 19 Grant Program or the PFAS Reimbursement Program.
8989 20 "PFAS Grant Program" or "Grant Program" means the PFAS
9090 21 Grant Program established in Section 30 of this Act.
9191 22 "PFAS Reimbursement Program" or "Reimbursement Program"
9292 23 means the PFAS Reimbursement Program established in Section 25
9393 24 of this Act.
9494 25 "Publicly owned treatment works" or "POTWs" means any
9595 26 devices and systems used in the storage, treatment, recycling,
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106106 1 and reclamation of municipal sewage or industrial liquid
107107 2 wastes that are owned by the State, a municipality, a special
108108 3 sewer district, or any other publicly owned and financed
109109 4 entity.
110110 5 "Publicly owned utility" means any Illinois POTW and any
111111 6 publicly owned community water supply as defined in Title I of
112112 7 the Environmental Protection Act.
113113 8 Section 15. PFAS Fund; creation.
114114 9 (a) The PFAS Fund is created as a special fund in the State
115115 10 treasury. Moneys deposited into the Fund shall be used by the
116116 11 Agency for the purposes of this Act. The Fund shall include
117117 12 settlements from enforcement actions brought by the Attorney
118118 13 General, moneys credited to the Fund under this Act, and other
119119 14 moneys that by law may be credited to the Fund. Moneys
120120 15 collected under the tax imposed by Section 35 of this Act shall
121121 16 be deposited into the Fund. The State Treasurer may invest
122122 17 moneys deposited into the Fund. Interest, income from the
123123 18 investments, and other income earned on moneys in the Fund
124124 19 shall be credited to and deposited into the Fund.
125125 20 The Fund may be divided into different accounts with
126126 21 different depositories to fulfill the purposes of the Act.
127127 22 Moneys in the Fund at the end of a State fiscal year shall
128128 23 be carried forward to future fiscal years and shall not revert
129129 24 to the General Revenue Fund.
130130 25 (b) The specific purposes of the Fund include, but are not
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141141 1 limited to, the following:
142142 2 (1) establishment of an account to fund a PFAS Grant
143143 3 Program to assist funding eligible entities for all direct
144144 4 and indirect PFAS related costs;
145145 5 (2) establishment of an account to reimburse eligible
146146 6 entities for all direct and indirect PFAS-related costs;
147147 7 (3) payment of the costs to the Agency for
148148 8 administering the fund; and
149149 9 (4) payment of the costs to the Department for
150150 10 administering the tax established under this Act.
151151 11 (c) The Fund is not subject to administrative charges that
152152 12 would in any way transfer any funds from it into any other fund
153153 13 of the State.
154154 14 (d) Nothing in this Act shall be construed to limit,
155155 15 restrict, or affect the authority and powers of the Agency or
156156 16 any other State agency or statute unless the State agency or
157157 17 statute is specifically referenced, and the limitation is
158158 18 clearly set forth in this Act.
159159 19 (e) The Agency may adopt rules implementing this Act.
160160 20 Section 20. PFAS Fund; administration.
161161 21 (a) The Agency shall act as the lead agency in the
162162 22 administration of this Act. The Agency shall adopt rules
163163 23 implementing this Section.
164164 24 (b) Regarding eligibility for the Grant Program and the
165165 25 Reimbursement Program, the Agency:
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176176 1 (1) shall establish criteria and requirements for
177177 2 publicly owned utilities to be eligible to access the Fund
178178 3 through the PFAS Grant Program and PFAS Reimbursement
179179 4 Program;
180180 5 (2) may, at its discretion, create separate
181181 6 eligibility requirements for the Grant Program and
182182 7 Reimbursement Program; and
183183 8 (3) may, at its discretion, create separate
184184 9 eligibility requirements for each form of PFAS-related
185185 10 costs under subsection (b) of Section 25 and subsection
186186 11 (b) of Section 30.
187187 12 (c) Payment of reimbursements or grant awards involves the
188188 13 expenditure of moneys in the Fund. Any ensuing agreement is
189189 14 subject to, and contingent upon, the continued availability of
190190 15 moneys in the Fund for payment under the terms and conditions
191191 16 of the agreement. Payments shall be carried out as follows:
192192 17 (1) In the case of insufficient funds, the Agency
193193 18 shall form a priority list for payment and shall notify
194194 19 persons in such priority list monthly of the availability
195195 20 of funds and when payment shall be made. Priority for
196196 21 payment shall be determined by the date the Agency
197197 22 receives a complete application.
198198 23 (2) The priority list for payment shall be available
199199 24 to any eligible entity upon request.
200200 25 (3) Any assignment for the purposes of payment must be
201201 26 made on an approved-payment-by-approved-payment basis and
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212212 1 must be made on forms prescribed by the Agency.
213213 2 (4) The making of an assignment under this Section
214214 3 shall not affect an eligible entity's right to appeal an
215215 4 administrative decision under this Act.
216216 5 (d) The Agency may adopt rules establishing civil
217217 6 penalties for violations of this Act or any rule adopted under
218218 7 this Act. Moneys collected under rules adopted under this
219219 8 subsection shall be deposited into the Fund.
220220 9 (e) The Agency may, in accordance with constitutional
221221 10 limitations, enter at all reasonable times upon any private or
222222 11 public property for the purpose of inspecting and
223223 12 investigating to ascertain possible violations of this Act,
224224 13 any rule adopted under this Act, or any order entered under
225225 14 this Act.
226226 15 (f) If the Agency or an eligible entity becomes aware of a
227227 16 violation of this Act or any rule adopted under this Act, it
228228 17 may refer the matter to the Attorney General for enforcement.
229229 18 Section 25. PFAS Reimbursement Program.
230230 19 (a) The PFAS Reimbursement Program is created within the
231231 20 Agency.
232232 21 (b) Reimbursement from the Fund shall cover all direct and
233233 22 indirect PFAS-related costs of eligible entities as determined
234234 23 by the Agency.
235235 24 (c) The Agency shall administer the Reimbursement Program
236236 25 and shall award reimbursements as provided in this Section.
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247247 1 Reimbursements shall be paid out of the Fund.
248248 2 (d) The Agency shall adopt rules necessary to implement
249249 3 the Reimbursement Program. At a minimum, these rules must
250250 4 specify:
251251 5 (1) who may qualify as an eligible entity;
252252 6 (2) the time frames for applying for reimbursement;
253253 7 (3) the criteria used to evaluate and prioritize
254254 8 applications for reimbursement;
255255 9 (4) the form of the reimbursement program application;
256256 10 and
257257 11 (5) the time frames for distributing reimbursement
258258 12 money.
259259 13 (e) To receive reimbursement from the Fund, an eligible
260260 14 entity must submit an application to the Agency in accordance
261261 15 with the rules adopted by the Agency. Reimbursements must be
262262 16 issued within 90 days unless the Agency determines that the
263263 17 underlying costs are not eligible for reimbursement.
264264 18 Section 30. PFAS Grant Program.
265265 19 (a) The PFAS Grant Program is created within the Agency.
266266 20 (b) Grant recipients may use money received through the
267267 21 Grant Program for any PFAS-related costs, including, but not
268268 22 limited to, the following purposes:
269269 23 (1) sampling, assessment, and investigation of PFAS in
270270 24 groundwater or surface water;
271271 25 (2) funding water system infrastructure used for the
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282282 1 treatment of identified PFAS; and
283283 2 (3) providing emergency assistance to communities and
284284 3 other eligible entities affected by PFAS contamination.
285285 4 (c) The Agency shall administer the Grant Program and
286286 5 shall award grants as provided in this Section. Grants shall
287287 6 be paid out of the Fund.
288288 7 (d) The Agency shall adopt rules as necessary to implement
289289 8 the Grant Program. At a minimum, these rules must specify:
290290 9 (1) who may qualify as an eligible entity;
291291 10 (2) the time frames for applying for grants;
292292 11 (3) the criteria used to evaluate and prioritize
293293 12 applications for grants;
294294 13 (4) the form of the grant program application; and
295295 14 (5) the time frames for distributing grant money.
296296 15 (e) To receive a grant from the Fund, an eligible entity
297297 16 must submit an application to the Agency in accordance with
298298 17 the rules adopted by the Agency.
299299 18 (f) A grantee shall use the money received through the
300300 19 grant program only for achieving goals approved by the Agency.
301301 20 (g) A grantee shall report annually to the Agency on the
302302 21 progress of any project financed by the grant under terms
303303 22 specified in the grant award agreement.
304304 23 (h) The Agency shall adopt rules regarding a grantee's
305305 24 noncompliance with the grant award agreement entered into by
306306 25 the grantee and the Agency. These rules may include a
307307 26 mechanism for the Agency to convert the grant to a loan with
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318318 1 interest.
319319 2 Section 35. PFAS Fund; taxation.
320320 3 (a) A tax is imposed on the privilege of manufacturing
321321 4 PFAS in this State. No later than one year after the effective
322322 5 date of this Act, the Agency shall propose to the Board, and no
323323 6 later than one year after receipt of the Agency's proposal,
324324 7 the Board shall adopt, rules specifying which PFAS chemicals
325325 8 are subject to the tax and the applicable rate for each PFAS
326326 9 chemical determined to be subject to the tax.
327327 10 (b) On or before the 25th day of the 1st month following
328328 11 the end of the calendar quarter, a manufacturer of PFAS shall
329329 12 file a return with the Department. The return shall be filed on
330330 13 a form prescribed by the Department and shall contain
331331 14 information that the Department reasonably requires, but at a
332332 15 minimum will require the reporting of the volume of PFAS
333333 16 manufactured. The Department shall report quarterly to the
334334 17 Agency the volume of PFAS manufactured for the quarter by each
335335 18 manufacturer. Each manufacturer of PFAS maintaining a place of
336336 19 business in this State shall pay to the Department the amount
337337 20 of the tax at the time when he or she is required to file his
338338 21 or her return for the period during which the tax was
339339 22 collected.
340340 23 (c) The tax imposed by this Act shall be remitted to the
341341 24 Department under the provisions of this Act.
342342 25 (d) Moneys collected under the tax imposed by this Act
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353353 1 shall be deposited into the PFAS Fund created in this Act.
354354 2 (e) The tax shall be administered by the Department under
355355 3 rules adopted by the Department.
356356 4 (f) The Department may adopt rules as necessary to
357357 5 implement this Section.
358358 6 Section 40. Review of final decisions.
359359 7 (a) Final Agency decisions made under Section 25 of this
360360 8 Act shall be subject to review in the manner provided for the
361361 9 review of permit decisions under Section 40 of the
362362 10 Environmental Protection Act.
363363 11 (b) All other final administrative decisions made under
364364 12 this Act are subject to review in accordance with the
365365 13 Administrative Review Law.
366366 14 Section 900. The State Finance Act is amended by adding
367367 15 Section 5.1030 as follows:
368368 16 (30 ILCS 105/5.1030 new)
369369 17 Sec. 5.1030. The PFAS Fund.
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