OLD UNDERGROUND STORAGE TANKS
HB4941 amends the Illinois Environmental Protection Act’s Underground Storage Tank Fund provisions to expand eligibility for reimbursement of certain costs tied to underground storage tank releases and removals. The bill adds a new subsection allowing the Fund to cover eligible costs associated with removing underground storage tanks installed before January 1, 1976, including costs for removing visibly contaminated fill material, removing groundwater with a sheen, and sampling to determine whether a release occurred. It also clarifies that these removals must comply with the Gasoline Storage Act and related rules.
The bill also revises the Fund’s existing eligibility and deductible rules for corrective action after confirmed releases. It keeps the general framework requiring a confirmed release, proper registration, notice to the Illinois Emergency Management Agency, and no duplicate payment from private insurance or other agreements, but adds a specific $5,000 deductible for the new pre-1976 tank removal category and states that this deductible counts toward any deductible otherwise required under the section. For older releases and certain pre-2010 claims, the bill preserves the existing deductible structure, including $10,000, $50,000, $15,000, and $100,000 deductibles depending on registration and notice timing.
The bill places responsibility for eligibility and deductible determinations with the Office of the State Fire Marshal and requires that office to provide an “Eligibility and Deductibility Determination” form when a confirmed release is reported. The form must be issued promptly, the office must issue a final determination within 60 days, and the decision or failure to act is appealable to the Illinois Pollution Control Board. The bill also requires the form to be promulgated by rule under the Illinois Administrative Procedure Act.
Its main legal impact is to broaden access to the Underground Storage Tank Fund for owners and operators dealing with older tanks, especially those installed before 1976, while preserving oversight and cost-sharing requirements. It affects the Environmental Protection Act, the Gasoline Storage Act, and administrative procedures used by the State Fire Marshal and Pollution Control Board. The measure is likely to shift some cleanup and removal costs from tank owners to the state fund, subject to deductibles and eligibility conditions.
No committee transcript or vote history was provided, so there is no recorded debate or roll-call sentiment to assess. Based on the bill text alone, the measure appears policy-driven and technical rather than controversial on its face, aimed at helping owners address legacy underground storage tank contamination while maintaining safeguards against duplicate recovery and improper claims.
HB4941 amends Section 57.9 of the Illinois Environmental Protection Act governing the Underground Storage Tank Fund. It expands fund eligibility to cover certain costs for removing pre-1976 underground storage tanks and related sampling and cleanup activities, adds a new $5,000 deductible for that removal category, and clarifies how that deductible interacts with existing deductibles. It also reinforces the State Fire Marshal’s role in determining eligibility and deductibility, requires a standardized determination form, and makes final determinations appealable to the Illinois Pollution Control Board.
No committee discussion or vote record was provided, so there is no direct evidence of support or opposition from legislators or stakeholders. On its face, the bill appears to have a practical, remedial purpose focused on legacy tank cleanup and reimbursement, suggesting a generally favorable policy posture. The text also includes safeguards such as deductibles, compliance requirements, and anti-duplication provisions, which may have been intended to make the proposal more acceptable.
The likely points of contention are fiscal and administrative rather than ideological. Expanding fund eligibility to older tank removals could increase claims against the Underground Storage Tank Fund, which may concern budget-minded lawmakers, regulators, or fund administrators. Owners and operators of older tanks would likely support the bill because it lowers out-of-pocket cleanup costs, while agencies and fiscal watchdogs may focus on the added state liability, deductible structure, and the need for clear eligibility determinations to prevent duplicate or unsupported payments.