EPA-BROWNFIELDS REDEVELOPMENT

Illinois General Assembly - Full Text of HB4960

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104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
HB4960

Introduced , by Rep. Katie Stuart

SYNOPSIS AS INTRODUCED:

415 ILCS 5/57.11
415 ILCS 5/58.3
415 ILCS 5/58.13

Amends the Environmental Protection Act. Provides that, beginning
July 1, 2026, and each July 1 thereafter, the State Comptroller shall
direct and the State Treasurer shall transfer the sum of $5,000,000 from
the Underground Storage Tank Fund to the Brownfields Redevelopment Fund.
Provides that, among other things, moneys in the Brownfields Redevelopment
Fund may be used for the issuance of grants or providing additional
subsidization. Removes provisions limiting the size of grants to
municipalities issued under the Municipal Brownfields Redevelopment Grant
Program.
LRB104 19365 BDA 32813 b

A BILL FOR

HB4960
LRB104 19365 BDA 32813 b
1

AN ACT concerning safety.

2

Be it enacted by the People of the State of Illinois,
3
represented in the General Assembly:

4

Section 5.
The Environmental Protection Act is amended by
5
changing Sections 57.11, 58.3, and 58.13 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
9
special fund to be known as the Underground Storage Tank Fund.
10
There shall be deposited into the Underground Storage Tank
11
Fund all moneys received by the Office of the State Fire
12
Marshal as fees for underground storage tanks under Sections 4
13
and 5 of the Gasoline Storage Act, fees pursuant to the Motor
14
Fuel Tax Law, and beginning July 1, 2013, payments pursuant to
15
the Use Tax Act, the Service Use Tax Act, the Service
16
Occupation Tax Act, and the Retailers' Occupation Tax Act. All
17
amounts held in the Underground Storage Tank Fund shall be
18
invested at interest by the State Treasurer. All income earned
19
from the investments shall be deposited into the Underground
20
Storage Tank Fund no less frequently than quarterly. In
21
addition to any other transfers that may be provided for by
22
law, beginning on July 1, 2018 and on the first day of each
23
month thereafter during fiscal years 2019 through 2026 only,

HB4960
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LRB104 19365 BDA 32813 b
1
the State Comptroller shall direct and the State Treasurer
2
shall transfer an amount equal to 1/12 of $10,000,000 from the
3
Underground Storage Tank Fund to the General Revenue Fund.
4
Moneys in the Underground Storage Tank Fund, pursuant to
5
appropriation, may be used by the Agency and the Office of the
6
State Fire Marshal for the following purposes:
7

(1) To take action authorized under Section 57.12 to
8

recover costs under Section 57.12.
9

(2) To assist in the reduction and mitigation of
10

damage caused by leaks from underground storage tanks,
11

including, but not limited to, providing alternative water
12

supplies to persons whose drinking water has become
13

contaminated as a result of those leaks.
14

(3) To be used as a matching amount toward federal
15

assistance relative to the release of petroleum from
16

underground storage tanks.
17

(4) For the costs of administering activities of the
18

Agency and the Office of the State Fire Marshal relative
19

to the Underground Storage Tank Fund.
20

(5) For payment of costs of corrective action incurred
21

by and indemnification to operators of underground storage
22

tanks as provided in this Title.
23

(6) For a total of 2 demonstration projects in amounts
24

in excess of a $10,000 deductible charge designed to
25

assess the viability of corrective action projects at
26

sites which have experienced contamination from petroleum

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LRB104 19365 BDA 32813 b
1

releases. Such demonstration projects shall be conducted
2

in accordance with the provision of this Title.
3

(7) Subject to appropriation, moneys in the
4

Underground Storage Tank Fund may also be used by the
5

Department of Revenue for the costs of administering its
6

activities relative to the Fund and for refunds provided
7

for in Section 13a.8 of the Motor Fuel Tax Law.
8

(b) Moneys in the Underground Storage Tank Fund may,
9
pursuant to appropriation, be used by the Office of the State
10
Fire Marshal or the Agency to take whatever emergency action
11
is necessary or appropriate to assure that the public health
12
or safety is not threatened whenever there is a release or
13
substantial threat of a release of petroleum from an
14
underground storage tank and for the costs of administering
15
its activities relative to the Underground Storage Tank Fund.
16

(c) Beginning July 1, 1993, the Governor shall certify to
17
the State Comptroller and State Treasurer the monthly amount
18
necessary to pay debt service on State obligations issued
19
pursuant to Section 6 of the General Obligation Bond Act. On
20
the last day of each month, the Comptroller shall order
21
transferred and the Treasurer shall transfer from the
22
Underground Storage Tank Fund to the General Obligation Bond
23
Retirement and Interest Fund the amount certified by the
24
Governor, plus any cumulative deficiency in those transfers
25
for prior months.
26

(d) Except as provided in subsection (c) of this Section,

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the Underground Storage Tank Fund is not subject to
2
administrative charges authorized under Section 8h of the
3
State Finance Act that would in any way transfer any funds from
4
the Underground Storage Tank Fund into any other fund of the
5
State.
6

(e) Each fiscal year, subject to appropriation, the Agency
7
may commit up to $10,000,000 of the moneys in the Underground
8
Storage Tank Fund to the payment of corrective action costs
9
for legacy sites that meet one or more of the following
10
criteria as a result of the underground storage tank release:
11
(i) the presence of free product, (ii) contamination within a
12
regulated recharge area, a wellhead protection area, or the
13
setback zone of a potable water supply well, (iii)
14
contamination extending beyond the boundaries of the site
15
where the release occurred, or (iv) such other criteria as may
16
be adopted in Agency rules.
17

(1) Fund moneys committed under this subsection (e)
18

shall be held in the Fund for payment of the corrective
19

action costs for which the moneys were committed.
20

(2) The Agency may adopt rules governing the
21

commitment of Fund moneys under this subsection (e).
22

(3) This subsection (e) does not limit the use of Fund
23

moneys at legacy sites as otherwise provided under this
24

Title.
25

(4) For the purposes of this subsection (e), the term
26

"legacy site" means a site for which (i) an underground

HB4960
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LRB104 19365 BDA 32813 b
1

storage tank release was reported prior to January 1,
2

2005, (ii) the owner or operator has been determined
3

eligible to receive payment from the Fund for corrective
4

action costs, and (iii) the Agency did not receive any
5

applications for payment prior to January 1, 2010.
6

(f) Beginning July 1, 2013, if the amounts deposited into
7
the Fund from moneys received by the Office of the State Fire
8
Marshal as fees for underground storage tanks under Sections 4
9
and 5 of the Gasoline Storage Act and as fees pursuant to the
10
Motor Fuel Tax Law during a State fiscal year are sufficient to
11
pay all claims for payment by the fund received during that
12
State fiscal year, then the amount of any payments into the
13
fund pursuant to the Use Tax Act, the Service Use Tax Act, the
14
Service Occupation Tax Act, and the Retailers' Occupation Tax
15
Act during that State fiscal year shall be deposited as
16
follows: 75% thereof shall be paid into the State treasury and
17
25% shall be reserved in a special account and used only for
18
the transfer to the Common School Fund as part of the monthly
19
transfer from the General Revenue Fund in accordance with
20
Section 8a of the State Finance Act.
21

(g) Beginning July 1, 2026, and each July 1 thereafter,
22
the State Comptroller shall direct and the State Treasurer
23
shall transfer the sum of $5,000,000 from the Underground
24
Storage Tank Fund to the Brownfields Redevelopment Fund.

25
(Source: P.A. 103-8, eff. 6-7-23; 103-588, eff. 6-5-24; 104-2,
26
eff. 6-16-25.)

HB4960
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LRB104 19365 BDA 32813 b
1

(415 ILCS 5/58.3)
2

Sec. 58.3.
Site Investigation and Remedial Activities
3
Program; Brownfields Redevelopment Fund.
4

(a) The General Assembly hereby establishes by this Title
5
a Site Investigation and Remedial Activities Program for sites
6
subject to this Title. This program shall be administered by
7
the Illinois Environmental Protection Agency under this Title
8
XVII and rules adopted by the Illinois Pollution Control
9
Board.

10

(b) (1) The General Assembly hereby creates within the
11

State Treasury a special fund to be known as the
12

Brownfields Redevelopment Fund, consisting of 2 programs
13

to be known as the "Municipal Brownfields Redevelopment
14

Grant Program" and the "Brownfields Redevelopment Loan
15

Program", which shall be used and administered by the
16

Agency as provided in Sections 58.13 and 58.15 of this Act
17

and the rules adopted under those Sections. The
18

Brownfields Redevelopment Fund ("Fund") shall contain
19

moneys transferred from the Response Contractors
20

Indemnification Fund and other moneys made available for
21

deposit into the Fund.

22

(2) The State Treasurer, ex officio, shall be the
23

custodian of the Fund, and the Comptroller shall direct
24

payments from the Fund upon vouchers properly certified by
25

the Agency. The Treasurer shall credit to the Fund

HB4960
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LRB104 19365 BDA 32813 b
1

interest earned on moneys contained in the Fund. The
2

Agency shall have the authority to accept, receive, and
3

administer on behalf of the State any grants, gifts,
4

loans, reimbursements or payments for services, or other
5

moneys made available to the State from any source for
6

purposes of the Fund. Those moneys shall be deposited into
7

the Fund, unless otherwise required by the Environmental
8

Protection Act or by federal law.

9

(3) Pursuant to appropriation, all moneys in the Fund
10

shall be used by the Agency for the purposes set forth in
11

subdivision (b)(4) of this Section and Sections 58.13 and
12

58.15 of this Act and to cover the Agency's costs of
13

program development and administration under those
14

Sections.

15

(4) The Agency shall have the power to enter into
16

intergovernmental agreements with the federal government
17

or the State, or any instrumentality thereof, for purposes
18

of capitalizing the Brownfields Redevelopment Fund. Moneys
19

on deposit in the Brownfields Redevelopment Fund may be
20

used
for the issuance of grants or providing additional
21

subsidization or
for the creation of reserve funds or
22

pledged funds that secure the obligations of repayment of
23

loans made pursuant to Section 58.15 of this Act. For the
24

purpose of obtaining capital for deposit into the
25

Brownfields Redevelopment Fund, the Agency may also enter
26

into agreements with financial institutions and other

HB4960
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LRB104 19365 BDA 32813 b
1

persons for the purpose of selling loans and developing a
2

secondary market for such loans. The Agency shall have the
3

power to create and establish such reserve funds and
4

accounts as may be necessary or desirable to accomplish
5

its purposes under this subsection and to allocate its
6

available moneys into such funds and accounts. Investment
7

earnings on moneys held in the Brownfields Redevelopment
8

Fund, including any reserve fund or pledged fund, shall be
9

deposited into the Brownfields Redevelopment Fund.

10

(5) The Agency is authorized to administer funds made
11

available to the Agency under federal law, including but
12

not limited to the Small Business Liability Relief and
13

Brownfields Revitalization Act, related to brownfields
14

cleanup and reuse in accordance with that law and this
15

Title.
16
(Source: P.A. 95-331, eff. 8-21-07.)

17

(415 ILCS 5/58.13)
18

Sec. 58.13.
Municipal Brownfields Redevelopment Grant
19
Program.

20

(a) (1) The Agency shall establish and administer a
21

program of grants, to be known as the Municipal
22

Brownfields Redevelopment Grant Program, to provide
23

municipalities in Illinois with financial assistance to be
24

used for coordination of activities related to brownfields
25

redevelopment, including but not limited to identification

HB4960
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LRB104 19365 BDA 32813 b
1

of brownfields sites, including those sites within River
2

Edge Redevelopment Zones, site investigation and
3

determination of remediation objectives and related plans
4

and reports, development of remedial action plans, and
5

implementation of remedial action plans and remedial
6

action completion reports. The plans and reports shall be
7

developed in accordance with Title XVII of this Act.

8

(2) Grants shall be awarded on a competitive basis
9

subject to availability of funding. Criteria for awarding
10

grants shall include, but shall not be limited to the
11

following:

12

(A) problem statement and needs assessment;

13

(B) community-based planning and involvement;

14

(C) implementation planning; and

15

(D) long-term benefits and sustainability.

16

(3) The Agency may give weight to geographic location
17

to enhance geographic distribution of grants across this
18

State.

19

(4)
(Blank).

Except for grants to municipalities with
20

designated River Edge Redevelopment Zones, grants shall be
21

limited to a maximum of $240,000, and no municipality
22

shall receive more than this amount under this Section.
23

For grants to municipalities with designated River Edge
24

Redevelopment Zones and grants to municipalities awarded
25

from funds provided under the American Recovery and
26

Reinvestment Act of 2009, grants shall be limited to a

HB4960
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LRB104 19365 BDA 32813 b
1

maximum of $2,000,000 and no municipality shall receive
2

more than this amount under this Section. For grants to
3

municipalities awarded from funds provided under the
4

American Recovery and Reinvestment Act of 2009, grants
5

shall be limited to a maximum of $1,000,000 and no
6

municipality shall receive more than this amount under
7

this Section.

8

(5)
Except as otherwise provided by Agency rule, grant

9

Grant
amounts shall not exceed 70% of the project amount,
10

with the remainder to be provided by the municipality as
11

local matching funds.
12

(b) The Agency shall have the authority to enter into any
13
contracts or agreements that may be necessary to carry out its
14
duties or responsibilities under this Section. The Agency
15
shall have the authority to adopt rules setting forth
16
procedures and criteria for administering the Municipal
17
Brownfields Redevelopment Grant Program. The rules adopted by
18
the Agency may include but shall not be limited to the
19
following:

20

(1) purposes for which grants are available;

21

(2) application periods and content of applications;

22

(3) procedures and criteria for Agency review of grant
23

applications, grant approvals and denials, and grantee
24

acceptance;

25

(4) grant payment schedules;

26

(5) grantee responsibilities for work schedules, work

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LRB104 19365 BDA 32813 b
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plans, reports, and record keeping;

2

(6) evaluation of grantee performance, including but
3

not limited to auditing and access to sites and records;

4

(7) requirements applicable to contracting and
5

subcontracting by the grantee;

6

(8) penalties for noncompliance with grant
7

requirements and conditions, including stop-work orders,
8

termination of grants, and recovery of grant funds;

9

(9) indemnification of this State and the Agency by
10

the grantee; and

11

(10) manner of compliance with the Local Government
12

Professional Services Selection Act.
13

(c) Moneys in the Brownfields Redevelopment Fund may be
14
used by the Agency to take whatever preventive or corrective
15
action, including but not limited to removal or remedial
16
action, is necessary or appropriate in response to a release
17
or substantial threat of a release of:
18

(1) a hazardous substance or pesticide; or
19

(2) petroleum from an underground storage tank.
20

The State, the Director, and any State employee shall be
21
indemnified for any damages or injury arising out of or
22
resulting from any action taken pursuant to this subsection
23
(c) and subsection (d)(2) of Section 4 of this Act. The Agency
24
has the authority to enter into such contracts and agreements
25
as may be necessary, and as expeditiously as necessary, to
26
carry out preventive or corrective action pursuant to this

HB4960
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LRB104 19365 BDA 32813 b
1
subsection (c) and subsection (d)(2) of Section 4 of this Act.
2
(Source: P.A. 96-45, eff. 7-15-09.)

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