Illinois 2025-2026 Regular Session

Illinois Senate Bill SB2205 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB2205 Introduced 2/7/2025, by Sen. Laura Fine SYNOPSIS AS INTRODUCED: 415 ILCS 5/57.8415 ILCS 5/57.9 Amends the Environmental Protection Act. In a provision concerning the conditions for payment from the Underground Storage Tank Fund, provides that, in the case of any approved plan and budget for which payment is being sought, the Environmental Protection Agency shall make a payment determination within 120 days of receipt of both the complete application for payment and the report documenting completion of the activities approved in the plan, whichever is received later (rather than within 120 days after receipt of the application). Provides that, for underground storage tank releases reported before June 8, 2010, an owner or operator may access the Underground Storage Tank Fund for costs that are associated with an Agency-approved plan and that are incurred after the effective date of the amendatory Act after application of a $10,000 deductible (now, other deductibles are owed in some circumstances). Provides that the deductible shall be reduced by any deductible amount applied to costs incurred before the effective date of the amendatory Act. LRB104 11353 BDA 21441 b A BILL FOR 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB2205 Introduced 2/7/2025, by Sen. Laura Fine SYNOPSIS AS INTRODUCED: 415 ILCS 5/57.8415 ILCS 5/57.9 415 ILCS 5/57.8 415 ILCS 5/57.9 Amends the Environmental Protection Act. In a provision concerning the conditions for payment from the Underground Storage Tank Fund, provides that, in the case of any approved plan and budget for which payment is being sought, the Environmental Protection Agency shall make a payment determination within 120 days of receipt of both the complete application for payment and the report documenting completion of the activities approved in the plan, whichever is received later (rather than within 120 days after receipt of the application). Provides that, for underground storage tank releases reported before June 8, 2010, an owner or operator may access the Underground Storage Tank Fund for costs that are associated with an Agency-approved plan and that are incurred after the effective date of the amendatory Act after application of a $10,000 deductible (now, other deductibles are owed in some circumstances). Provides that the deductible shall be reduced by any deductible amount applied to costs incurred before the effective date of the amendatory Act. LRB104 11353 BDA 21441 b LRB104 11353 BDA 21441 b A BILL FOR
2	2	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB2205 Introduced 2/7/2025, by Sen. Laura Fine SYNOPSIS AS INTRODUCED:
3	3	415 ILCS 5/57.8415 ILCS 5/57.9 415 ILCS 5/57.8 415 ILCS 5/57.9
4	4	415 ILCS 5/57.8
5	5	415 ILCS 5/57.9
6	6	Amends the Environmental Protection Act. In a provision concerning the conditions for payment from the Underground Storage Tank Fund, provides that, in the case of any approved plan and budget for which payment is being sought, the Environmental Protection Agency shall make a payment determination within 120 days of receipt of both the complete application for payment and the report documenting completion of the activities approved in the plan, whichever is received later (rather than within 120 days after receipt of the application). Provides that, for underground storage tank releases reported before June 8, 2010, an owner or operator may access the Underground Storage Tank Fund for costs that are associated with an Agency-approved plan and that are incurred after the effective date of the amendatory Act after application of a $10,000 deductible (now, other deductibles are owed in some circumstances). Provides that the deductible shall be reduced by any deductible amount applied to costs incurred before the effective date of the amendatory Act.
7	7	LRB104 11353 BDA 21441 b LRB104 11353 BDA 21441 b
8	8	LRB104 11353 BDA 21441 b
9	9	A BILL FOR
10	10	SB2205LRB104 11353 BDA 21441 b SB2205 LRB104 11353 BDA 21441 b
11	11	SB2205 LRB104 11353 BDA 21441 b
12	12	1 AN ACT concerning safety.
13	13	2 Be it enacted by the People of the State of Illinois,
14	14	3 represented in the General Assembly:
15	15	4 Section 5. The Environmental Protection Act is amended by
16	16	5 changing Sections 57.8 and 57.9 as follows:
17	17	6 (415 ILCS 5/57.8)
18	18	7 Sec. 57.8. Underground Storage Tank Fund; payment; options
19	19	8 for State payment; deferred correction election to commence
20	20	9 corrective action upon availability of funds. If an owner or
21	21	10 operator is eligible to access the Underground Storage Tank
22	22	11 Fund pursuant to an Office of State Fire Marshal
23	23	12 eligibility/deductible final determination letter issued in
24	24	13 accordance with Section 57.9, the owner or operator may submit
25	25	14 a complete application for final or partial payment to the
26	26	15 Agency for activities taken in response to a confirmed
27	27	16 release. An owner or operator may submit a request for partial
28	28	17 or final payment regarding a site no more frequently than once
29	29	18 every 90 days.
30	30	19 (a) Payment after completion of corrective action
31	31	20 measures. The owner or operator may submit an application for
32	32	21 payment for activities performed at a site after completion of
33	33	22 the requirements of Sections 57.6 and 57.7, or after
34	34	23 completion of any other required activities at the underground
35	35
36	36
37	37
38	38	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB2205 Introduced 2/7/2025, by Sen. Laura Fine SYNOPSIS AS INTRODUCED:
39	39	415 ILCS 5/57.8415 ILCS 5/57.9 415 ILCS 5/57.8 415 ILCS 5/57.9
40	40	415 ILCS 5/57.8
41	41	415 ILCS 5/57.9
42	42	Amends the Environmental Protection Act. In a provision concerning the conditions for payment from the Underground Storage Tank Fund, provides that, in the case of any approved plan and budget for which payment is being sought, the Environmental Protection Agency shall make a payment determination within 120 days of receipt of both the complete application for payment and the report documenting completion of the activities approved in the plan, whichever is received later (rather than within 120 days after receipt of the application). Provides that, for underground storage tank releases reported before June 8, 2010, an owner or operator may access the Underground Storage Tank Fund for costs that are associated with an Agency-approved plan and that are incurred after the effective date of the amendatory Act after application of a $10,000 deductible (now, other deductibles are owed in some circumstances). Provides that the deductible shall be reduced by any deductible amount applied to costs incurred before the effective date of the amendatory Act.
43	43	LRB104 11353 BDA 21441 b LRB104 11353 BDA 21441 b
44	44	LRB104 11353 BDA 21441 b
45	45	A BILL FOR
46	46
47	47
48	48
49	49
50	50
51	51	415 ILCS 5/57.8
52	52	415 ILCS 5/57.9
53	53
54	54
55	55
56	56	LRB104 11353 BDA 21441 b
57	57
58	58
59	59
60	60
61	61
62	62
63	63
64	64
65	65
66	66	SB2205 LRB104 11353 BDA 21441 b
67	67
68	68
69	69	SB2205- 2 -LRB104 11353 BDA 21441 b SB2205 - 2 - LRB104 11353 BDA 21441 b
70	70	SB2205 - 2 - LRB104 11353 BDA 21441 b
71	71	1 storage tank site.
72	72	2 (1) In the case of any approved plan and budget for
73	73	3 which payment is being sought, the Agency shall make a
74	74	4 payment determination within 120 days of receipt of both
75	75	5 the complete application for payment and the report
76	76	6 documenting completion of the activities approved in the
77	77	7 plan, whichever is received later. Such determination
78	78	8 shall be considered a final decision. The Agency's review
79	79	9 shall be limited to generally accepted auditing and
80	80	10 accounting practices. In no case shall the Agency conduct
81	81	11 additional review of any plan which was completed within
82	82	12 the budget, beyond auditing for adherence to the
83	83	13 corrective action measures in the proposal. If the Agency
84	84	14 fails to approve the payment application within 120 days,
85	85	15 such application shall be deemed approved by operation of
86	86	16 law and the Agency shall proceed to reimburse the owner or
87	87	17 operator the amount requested in the payment application.
88	88	18 However, in no event shall the Agency reimburse the owner
89	89	19 or operator an amount greater than the amount approved in
90	90	20 the plan.
91	91	21 (2) If sufficient funds are available in the
92	92	22 Underground Storage Tank Fund, the Agency shall, within 60
93	93	23 days, forward to the Office of the State Comptroller a
94	94	24 voucher in the amount approved under the payment
95	95	25 application.
96	96	26 (3) In the case of insufficient funds, the Agency
97	97
98	98
99	99
100	100
101	101
102	102	SB2205 - 2 - LRB104 11353 BDA 21441 b
103	103
104	104
105	105	SB2205- 3 -LRB104 11353 BDA 21441 b SB2205 - 3 - LRB104 11353 BDA 21441 b
106	106	SB2205 - 3 - LRB104 11353 BDA 21441 b
107	107	1 shall form a priority list for payment and shall notify
108	108	2 persons in such priority list monthly of the availability
109	109	3 of funds and when payment shall be made. Payment shall be
110	110	4 made to the owner or operator at such time as sufficient
111	111	5 funds become available for the costs associated with site
112	112	6 investigation and corrective action and costs expended for
113	113	7 activities performed where no proposal is required, if
114	114	8 applicable. Such priority list shall be available to any
115	115	9 owner or operator upon request. Priority for payment shall
116	116	10 be determined by the date the Agency receives a complete
117	117	11 request for partial or final payment. Upon receipt of
118	118	12 notification from the Agency that the requirements of this
119	119	13 Title have been met, the Comptroller shall make payment to
120	120	14 the owner or operator of the amount approved by the
121	121	15 Agency, if sufficient money exists in the Fund. If there
122	122	16 is insufficient money in the Fund, then payment shall not
123	123	17 be made. If the owner or operator appeals a final Agency
124	124	18 payment determination and it is determined that the owner
125	125	19 or operator is eligible for payment or additional payment,
126	126	20 the priority date for the payment or additional payment
127	127	21 shall be the same as the priority date assigned to the
128	128	22 original request for partial or final payment.
129	129	23 (4) Any deductible, as determined pursuant to the
130	130	24 Office of the State Fire Marshal's eligibility and
131	131	25 deductibility final determination in accordance with
132	132	26 Section 57.9, shall be subtracted from any payment invoice
133	133
134	134
135	135
136	136
137	137
138	138	SB2205 - 3 - LRB104 11353 BDA 21441 b
139	139
140	140
141	141	SB2205- 4 -LRB104 11353 BDA 21441 b SB2205 - 4 - LRB104 11353 BDA 21441 b
142	142	SB2205 - 4 - LRB104 11353 BDA 21441 b
143	143	1 paid to an eligible owner or operator. Only one deductible
144	144	2 shall apply per underground storage tank site.
145	145	3 (5) In the event that costs are or will be incurred in
146	146	4 addition to those approved by the Agency, or after
147	147	5 payment, the owner or operator may submit successive plans
148	148	6 containing amended budgets. The requirements of Section
149	149	7 57.7 shall apply to any amended plans.
150	150	8 (6) For purposes of this Section, a complete
151	151	9 application shall consist of:
152	152	10 (A) A certification from a Licensed Professional
153	153	11 Engineer or Licensed Professional Geologist as
154	154	12 required under this Title and acknowledged by the
155	155	13 owner or operator.
156	156	14 (B) A statement of the amounts approved in the
157	157	15 budget and the amounts actually sought for payment
158	158	16 along with a certified statement by the owner or
159	159	17 operator that the amounts so sought were expended in
160	160	18 conformance with the approved budget.
161	161	19 (C) A copy of the Office of the State Fire
162	162	20 Marshal's eligibility and deductibility determination.
163	163	21 (D) Proof that approval of the payment requested
164	164	22 will not result in the limitations set forth in
165	165	23 subsection (g) of this Section being exceeded.
166	166	24 (E) A federal taxpayer identification number and
167	167	25 legal status disclosure certification on a form
168	168	26 prescribed and provided by the Agency.
169	169
170	170
171	171
172	172
173	173
174	174	SB2205 - 4 - LRB104 11353 BDA 21441 b
175	175
176	176
177	177	SB2205- 5 -LRB104 11353 BDA 21441 b SB2205 - 5 - LRB104 11353 BDA 21441 b
178	178	SB2205 - 5 - LRB104 11353 BDA 21441 b
179	179	1 (F) If the Agency determined under subsection
180	180	2 (c)(3) of Section 57.7 of this Act that corrective
181	181	3 action must include a project labor agreement, a
182	182	4 certification from the owner or operator that the
183	183	5 corrective action was (i) performed under a project
184	184	6 labor agreement that meets the requirements of Section
185	185	7 25 of the Project Labor Agreements Act and (ii)
186	186	8 implemented in a manner consistent with the terms and
187	187	9 conditions of the Project Labor Agreements Act and in
188	188	10 full compliance with all statutes, regulations, and
189	189	11 Executive Orders as required under that Act and the
190	190	12 Prevailing Wage Act.
191	191	13 (b) Commencement of site investigation or corrective
192	192	14 action upon availability of funds. The Board shall adopt
193	193	15 regulations setting forth procedures based on risk to human
194	194	16 health or the environment under which the owner or operator
195	195	17 who has received approval for any budget plan submitted
196	196	18 pursuant to Section 57.7, and who is eligible for payment from
197	197	19 the Underground Storage Tank Fund pursuant to an Office of the
198	198	20 State Fire Marshal eligibility and deductibility
199	199	21 determination, may elect to defer site investigation or
200	200	22 corrective action activities until funds are available in an
201	201	23 amount equal to the amount approved in the budget. The
202	202	24 regulations shall establish criteria based on risk to human
203	203	25 health or the environment to be used for determining on a
204	204	26 site-by-site basis whether deferral is appropriate. The
205	205
206	206
207	207
208	208
209	209
210	210	SB2205 - 5 - LRB104 11353 BDA 21441 b
211	211
212	212
213	213	SB2205- 6 -LRB104 11353 BDA 21441 b SB2205 - 6 - LRB104 11353 BDA 21441 b
214	214	SB2205 - 6 - LRB104 11353 BDA 21441 b
215	215	1 regulations also shall establish the minimum investigatory
216	216	2 requirements for determining whether the risk based criteria
217	217	3 are present at a site considering deferral and procedures for
218	218	4 the notification of owners or operators of insufficient funds,
219	219	5 Agency review of request for deferral, notification of Agency
220	220	6 final decisions, returning deferred sites to active status,
221	221	7 and earmarking of funds for payment.
222	222	8 (c) When the owner or operator requests indemnification
223	223	9 for payment of costs incurred as a result of a release of
224	224	10 petroleum from an underground storage tank, if the owner or
225	225	11 operator has satisfied the requirements of subsection (a) of
226	226	12 this Section, the Agency shall forward a copy of the request to
227	227	13 the Attorney General. The Attorney General shall review and
228	228	14 approve the request for indemnification if:
229	229	15 (1) there is a legally enforceable judgment entered
230	230	16 against the owner or operator and such judgment was
231	231	17 entered due to harm caused by a release of petroleum from
232	232	18 an underground storage tank and such judgment was not
233	233	19 entered as a result of fraud; or
234	234	20 (2) a settlement with a third party due to a release of
235	235	21 petroleum from an underground storage tank is reasonable.
236	236	22 (d) (1) Notwithstanding any other provision of this Title,
237	237	23 the Agency shall not approve payment to an owner or operator
238	238	24 from the Fund for costs of corrective action or
239	239	25 indemnification incurred during a calendar year in excess of
240	240	26 the following aggregate amounts based on the number of
241	241
242	242
243	243
244	244
245	245
246	246	SB2205 - 6 - LRB104 11353 BDA 21441 b
247	247
248	248
249	249	SB2205- 7 -LRB104 11353 BDA 21441 b SB2205 - 7 - LRB104 11353 BDA 21441 b
250	250	SB2205 - 7 - LRB104 11353 BDA 21441 b
251	251	1 petroleum underground storage tanks owned or operated by such
252	252	2 owner or operator in Illinois.
253	253	3 Amount Number of Tanks
254	254	4 $2,000,000........................fewer than 101
255	255	5 $3,000,000................................101 or more
256	256	6 (2) (1) Costs incurred in excess of the aggregate amounts
257	257	7 set forth in paragraph (1) of this subsection shall not be
258	258	8 eligible for payment in subsequent years.
259	259	9 (3) (2) For purposes of this subsection, requests
260	260	10 submitted by any of the agencies, departments, boards,
261	261	11 committees, or commissions of the State of Illinois shall be
262	262	12 acted upon as claims from a single owner or operator.
263	263	13 (4) (3) For purposes of this subsection, owner or operator
264	264	14 includes (i) any subsidiary, parent, or joint stock company of
265	265	15 the owner or operator and (ii) any company owned by any parent,
266	266	16 subsidiary, or joint stock company of the owner or operator.
267	267	17 (e) Costs of corrective action or indemnification incurred
268	268	18 by an owner or operator which have been paid to an owner or
269	269	19 operator under a policy of insurance, another written
270	270	20 agreement, or a court order are not eligible for payment under
271	271	21 this Section. An owner or operator who receives payment under
272	272	22 a policy of insurance, another written agreement, or a court
273	273	23 order shall reimburse the State to the extent such payment
274	274	24 covers costs for which payment was received from the Fund. Any
275	275	25 monies received by the State under this subsection (e) shall
276	276	26 be deposited into the Fund.
277	277
278	278
279	279
280	280
281	281
282	282	SB2205 - 7 - LRB104 11353 BDA 21441 b
283	283
284	284
285	285	SB2205- 8 -LRB104 11353 BDA 21441 b SB2205 - 8 - LRB104 11353 BDA 21441 b
286	286	SB2205 - 8 - LRB104 11353 BDA 21441 b
287	287	1 (f) (Blank.).
288	288	2 (g) The Agency shall not approve any payment from the Fund
289	289	3 to pay an owner or operator:
290	290	4 (1) for costs of corrective action incurred by such
291	291	5 owner or operator in an amount in excess of $1,500,000 per
292	292	6 occurrence; and
293	293	7 (2) for costs of indemnification of such owner or
294	294	8 operator in an amount in excess of $1,500,000 per
295	295	9 occurrence.
296	296	10 (h) Payment of any amount from the Fund for corrective
297	297	11 action or indemnification shall be subject to the State
298	298	12 acquiring by subrogation the rights of any owner, operator, or
299	299	13 other person to recover the costs of corrective action or
300	300	14 indemnification for which the Fund has compensated such owner,
301	301	15 operator, or person from the person responsible or liable for
302	302	16 the release.
303	303	17 (i) If the Agency refuses to pay or authorizes only a
304	304	18 partial payment, the affected owner or operator may petition
305	305	19 the Board for a hearing in the manner provided for the review
306	306	20 of permit decisions in Section 40 of this Act.
307	307	21 (j) Costs of corrective action or indemnification incurred
308	308	22 by an owner or operator prior to July 28, 1989, shall not be
309	309	23 eligible for payment or reimbursement under this Section.
310	310	24 (k) The Agency shall not pay costs of corrective action or
311	311	25 indemnification incurred before providing notification of the
312	312	26 release of petroleum in accordance with the provisions of this
313	313
314	314
315	315
316	316
317	317
318	318	SB2205 - 8 - LRB104 11353 BDA 21441 b
319	319
320	320
321	321	SB2205- 9 -LRB104 11353 BDA 21441 b SB2205 - 9 - LRB104 11353 BDA 21441 b
322	322	SB2205 - 9 - LRB104 11353 BDA 21441 b
323	323	1 Title.
324	324	2 (l) Corrective action does not include legal defense
325	325	3 costs. Legal defense costs include legal costs for seeking
326	326	4 payment under this Title unless the owner or operator prevails
327	327	5 before the Board in which case the Board may authorize payment
328	328	6 of legal fees.
329	329	7 (m) The Agency may apportion payment of costs for plans
330	330	8 submitted under Section 57.7 if:
331	331	9 (1) the owner or operator was deemed eligible to
332	332	10 access the Fund for payment of corrective action costs for
333	333	11 some, but not all, of the underground storage tanks at the
334	334	12 site; and
335	335	13 (2) the owner or operator failed to justify all costs
336	336	14 attributable to each underground storage tank at the site.
337	337	15 (n) The Agency shall not pay costs associated with a
338	338	16 corrective action plan incurred after the Agency provides
339	339	17 notification to the owner or operator pursuant to item (7) of
340	340	18 subsection (b) of Section 57.7 that a revised corrective
341	341	19 action plan is required. Costs associated with any
342	342	20 subsequently approved corrective action plan shall be eligible
343	343	21 for reimbursement if they meet the requirements of this Title.
344	344	22 (Source: P.A. 98-109, eff. 7-25-13; revised 7-30-24.)
345	345	23 (415 ILCS 5/57.9)
346	346	24 Sec. 57.9. Underground Storage Tank Fund; eligibility and
347	347	25 deductibility.
348	348
349	349
350	350
351	351
352	352
353	353	SB2205 - 9 - LRB104 11353 BDA 21441 b
354	354
355	355
356	356	SB2205- 10 -LRB104 11353 BDA 21441 b SB2205 - 10 - LRB104 11353 BDA 21441 b
357	357	SB2205 - 10 - LRB104 11353 BDA 21441 b
358	358	1 (a) The Underground Storage Tank Fund shall be accessible
359	359	2 by owners and operators who have a confirmed release from an
360	360	3 underground storage tank or related tank system of a substance
361	361	4 listed in this Section. The owner or operator is eligible to
362	362	5 access the Underground Storage Tank Fund if the eligibility
363	363	6 requirements of this Title are satisfied and:
364	364	7 (1) Neither the owner nor the operator is the United
365	365	8 States Government.
366	366	9 (2) The tank does not contain fuel which is exempt
367	367	10 from the Motor Fuel Tax Law.
368	368	11 (3) The costs were incurred as a result of a confirmed
369	369	12 release of any of the following substances:
370	370	13 (A) "Fuel", as defined in Section 1.19 of the
371	371	14 Motor Fuel Tax Law.
372	372	15 (B) Aviation fuel.
373	373	16 (C) Heating oil.
374	374	17 (D) Kerosene.
375	375	18 (E) Used oil which has been refined from crude oil
376	376	19 used in a motor vehicle, as defined in Section 1.3 of
377	377	20 the Motor Fuel Tax Law.
378	378	21 (4) The owner or operator registered the tank and paid
379	379	22 all fees in accordance with the statutory and regulatory
380	380	23 requirements of the Gasoline Storage Act.
381	381	24 (5) The owner or operator notified the Illinois
382	382	25 Emergency Management Agency of a confirmed release, the
383	383	26 costs were incurred after the notification and the costs
384	384
385	385
386	386
387	387
388	388
389	389	SB2205 - 10 - LRB104 11353 BDA 21441 b
390	390
391	391
392	392	SB2205- 11 -LRB104 11353 BDA 21441 b SB2205 - 11 - LRB104 11353 BDA 21441 b
393	393	SB2205 - 11 - LRB104 11353 BDA 21441 b
394	394	1 were a result of a release of a substance listed in this
395	395	2 Section. Costs of corrective action or indemnification
396	396	3 incurred before providing that notification shall not be
397	397	4 eligible for payment.
398	398	5 (6) The costs have not already been paid to the owner
399	399	6 or operator under a private insurance policy, other
400	400	7 written agreement, or court order.
401	401	8 (7) The costs were associated with "corrective action"
402	402	9 of this Act.
403	403	10 If the underground storage tank which experienced a
404	404	11 release of a substance listed in this Section was
405	405	12 installed after July 28, 1989, the owner or operator is
406	406	13 eligible to access the Underground Storage Tank Fund if it
407	407	14 is demonstrated to the Office of the State Fire Marshal
408	408	15 the tank was installed and operated in accordance with
409	409	16 Office of the State Fire Marshal regulatory requirements.
410	410	17 Office of the State Fire Marshal certification is prima
411	411	18 facie evidence the tank was installed pursuant to the
412	412	19 Office of the State Fire Marshal regulatory requirements.
413	413	20 (b) For releases reported prior to June 8, 2010 (the
414	414	21 effective date of Public Act 96-908) this amendatory Act of
415	415	22 the 96th General Assembly, an owner or operator may access the
416	416	23 Underground Storage Tank Fund for costs associated with an
417	417	24 Agency approved plan and the Agency shall approve the payment
418	418	25 of costs associated with corrective action after the
419	419	26 application of a $10,000 deductible, except in the following
420	420
421	421
422	422
423	423
424	424
425	425	SB2205 - 11 - LRB104 11353 BDA 21441 b
426	426
427	427
428	428	SB2205- 12 -LRB104 11353 BDA 21441 b SB2205 - 12 - LRB104 11353 BDA 21441 b
429	429	SB2205 - 12 - LRB104 11353 BDA 21441 b
430	430	1 situations:
431	431	2 (1) For costs incurred prior to the effective date of
432	432	3 this amendatory Act of the 104th General Assembly, a A
433	433	4 deductible of $100,000 shall apply when none of the
434	434	5 underground storage tanks were registered prior to July
435	435	6 28, 1989, except in the case of underground storage tanks
436	436	7 used exclusively to store heating oil for consumptive use
437	437	8 on the premises where stored and which serve other than
438	438	9 farms or residential units, a deductible of $100,000 shall
439	439	10 apply when none of these tanks were registered prior to
440	440	11 July 1, 1992.
441	441	12 (2) For costs incurred prior to the effective date of
442	442	13 this amendatory Act of the 104th General Assembly, a A
443	443	14 deductible of $50,000 shall apply if any of the
444	444	15 underground storage tanks were registered prior to July
445	445	16 28, 1989, and the State received notice of the confirmed
446	446	17 release prior to July 28, 1989.
447	447	18 (3) For costs incurred prior to the effective date of
448	448	19 this amendatory Act of the 104th General Assembly, a A
449	449	20 deductible of $15,000 shall apply when one or more, but
450	450	21 not all, of the underground storage tanks were registered
451	451	22 prior to July 28, 1989, and the State received notice of
452	452	23 the confirmed release on or after July 28, 1989.
453	453	24 In cases where paragraph (1), (2), or (3) of this
454	454	25 subsection applies, costs incurred after the effective date of
455	455	26 this amendatory Act shall be subject to the $10,000
456	456
457	457
458	458
459	459
460	460
461	461	SB2205 - 12 - LRB104 11353 BDA 21441 b
462	462
463	463
464	464	SB2205- 13 -LRB104 11353 BDA 21441 b SB2205 - 13 - LRB104 11353 BDA 21441 b
465	465	SB2205 - 13 - LRB104 11353 BDA 21441 b
466	466	1 deductible, which shall be reduced by any deductible amount
467	467	2 applied to costs incurred prior to the effective date of this
468	468	3 amendatory Act of the 104th General Assembly.
469	469	4 For releases reported on or after June 8, 2010 (the
470	470	5 effective date of Public Act 96-908) this amendatory Act of
471	471	6 the 96th General Assembly, an owner or operator may access the
472	472	7 Underground Storage Tank Fund for costs associated with an
473	473	8 Agency approved plan, and the Agency shall approve the payment
474	474	9 of costs associated with corrective action after the
475	475	10 application of a $5,000 deductible.
476	476	11 A deductible shall apply annually for each site at which
477	477	12 costs were incurred under a claim submitted pursuant to this
478	478	13 Title, except that if corrective action in response to an
479	479	14 occurrence takes place over a period of more than one year, in
480	480	15 subsequent years, no deductible shall apply for costs incurred
481	481	16 in response to such occurrence.
482	482	17 (c) Eligibility and deductibility determinations shall be
483	483	18 made by the Office of the State Fire Marshal.
484	484	19 (1) When an owner or operator reports a confirmed
485	485	20 release of a regulated substance, the Office of the State
486	486	21 Fire Marshal shall provide the owner or operator with an
487	487	22 "Eligibility and Deductibility Determination" form. The
488	488	23 form shall either be provided on-site or within 15 days of
489	489	24 the Office of the State Fire Marshal receipt of notice
490	490	25 indicating a confirmed release. The form shall request
491	491	26 sufficient information to enable the Office of the State
492	492
493	493
494	494
495	495
496	496
497	497	SB2205 - 13 - LRB104 11353 BDA 21441 b
498	498
499	499
500	500	SB2205- 14 -LRB104 11353 BDA 21441 b SB2205 - 14 - LRB104 11353 BDA 21441 b
501	501	SB2205 - 14 - LRB104 11353 BDA 21441 b
502	502
503	503
504	504
505	505
506	506
507	507	SB2205 - 14 - LRB104 11353 BDA 21441 b