All Roll Calls
Yes: 211 • No: 0
IllinoisHB3290104th General Assembly (2025–2026)HouseWALLET
EPA-UST FUND-DEDUCTIBLES
Sponsored By: Nicholas K. Smith (Democratic)
Became Law
energy & environmentassignmentsenvironment and conservation
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Bill Overview
Analyzed Economic Effects
7 provisions identified: 1 benefits, 2 costs, 4 mixed.
Deductibles and caps on cleanup aid
A per‑site deductible applies. It is $5,000 if the release was reported on or after June 8, 2010, and $10,000 if reported earlier, unless an older $100,000, $50,000, or $15,000 deductible applies. Only one deductible applies per site and it is subtracted from payments. If cleanup for an occurrence lasts more than a year, no new deductible applies in later years for that occurrence. Fund payments are capped at $1,500,000 per occurrence for cleanup and $1,500,000 per occurrence for indemnification. Per year, the Fund pays up to $2,000,000 if you own fewer than 101 tanks, or up to $3,000,000 if you own 101 or more. Costs over these caps are never paid in later years.
Changing plans or deferring cleanup work
You may file amended plans and budgets to seek payment for extra costs, subject to the same rules as the original plan. You may elect to defer investigation or cleanup until approved Fund dollars are available, if you have an approved budget and are eligible; the Board sets risk‑based rules for this. If the Agency tells you to submit a revised plan, the Fund will not pay costs you incur after that notice under the old plan. Costs under the later approved plan may be eligible.
Indemnification approvals and state recovery
If you request indemnification and meet the prerequisites, the Agency sends it to the Attorney General. The Attorney General approves payment when there is a valid court judgment for harm from the release (not due to fraud) or a reasonable settlement. When the Fund pays, the State gets your right to recover those costs from the responsible party and may pursue them.
When Fund payments are decided and paid
The Illinois EPA must decide your payment within 120 days after it gets a complete application and your completion report. If it misses 120 days, your request is deemed approved, up to the plan‑approved amount. When funds exist, the Agency must send a voucher to the State Comptroller within 60 days. If funds are short, the Agency makes a monthly priority list based on when your complete request arrived; winning an appeal keeps your original date. You can submit only one payment request per site every 90 days.
Who can get tank cleanup help
The Fund covers owners or operators with a confirmed release of motor fuel, aviation fuel, heating oil, kerosene, or certain used oil. Your tank must be registered and fees paid. You must notify the Illinois Emergency Management Agency before you incur costs. The U.S. government is not eligible. Costs already paid by insurance or other agreements, costs before July 28, 1989, and most legal defense costs are not covered. For tanks installed after July 28, 1989, you must show the State Fire Marshal the tank met its rules. If you are eligible for some tanks at a site but not others, and you do not show costs by tank, the Agency may split payments across tanks.
Appeal rights on eligibility and payments
After you report a confirmed release, the State Fire Marshal must give you the Eligibility and Deductibility Determination form on‑site or within 15 days. Within 60 days of getting your form, the Fire Marshal issues a final letter you can appeal to the Pollution Control Board. If the Agency refuses to pay or authorizes only a partial payment, you can also petition the Board for a hearing.
What your payment request must include
Your application must include: a licensed engineer or geologist certification; the approved budget amounts, the amount you seek, and your certified statement that spending matched the budget; the State Fire Marshal’s eligibility and deductible decision; proof you stay under legal caps; your federal taxpayer ID and legal status disclosure; and, if required, a project labor agreement certification.
Sponsors & Cosponsors
Sponsor
Nicholas K. Smith
Democratic • House
Cosponsors
Anthony DeLuca
Democratic • House
Camille Y. Lilly
Democratic • House
Laura Fine
Democratic • Senate
Sara Feigenholtz
Democratic • Senate
Roll Call Votes
Senate vote • 5/22/2025
Third Reading - Passed;
Yes: 58 • No: 0
Senate vote • 5/1/2025
Do Pass Environment and Conservation;
Yes: 8 • No: 0
House vote • 4/9/2025
Third Reading - Short Debate - Passed
Yes: 116 • No: 0
House vote • 3/20/2025
Do Pass / Short Debate Energy & Environment Committee;
Yes: 29 • No: 0
Actions Timeline
Public Act . . . . . . . . . 104-0291
8/15/2025HouseEffective Date January 1, 2026
8/15/2025HouseGovernor Approved
8/15/2025HouseSent to the Governor
6/20/2025HousePassed Both Houses
5/22/2025HouseThird Reading - Passed; 058-000-000
5/22/2025SenatePlaced on Calendar Order of 3rd Reading **
5/20/2025SenatePlaced on Calendar Order of 3rd Reading May 8, 2025
5/7/2025SenateSecond Reading
5/7/2025SenateAdded as Alternate Co-Sponsor Sen. Sara Feigenholtz
5/1/2025SenatePlaced on Calendar Order of 2nd Reading May 6, 2025
5/1/2025SenateDo Pass Environment and Conservation; 008-000-000
5/1/2025SenateAssigned to Environment and Conservation
4/23/2025SenateReferred to Assignments
4/14/2025SenateFirst Reading
4/14/2025SenateChief Senate Sponsor Sen. Laura Fine
4/14/2025SenatePlaced on Calendar Order of First Reading April 11, 2025
4/10/2025SenateArrive in Senate
4/10/2025SenateAdded Chief Co-Sponsor Rep. Anthony DeLuca
4/9/2025HouseThird Reading - Short Debate - Passed 116-000-000
4/9/2025HousePlaced on Calendar Order of 3rd Reading - Short Debate
4/9/2025HouseAdded Co-Sponsor Rep. Camille Y. Lilly
4/8/2025HouseHeld on Calendar Order of Second Reading - Short Debate
3/26/2025HouseSecond Reading - Short Debate
3/26/2025HousePlaced on Calendar 2nd Reading - Short Debate
3/21/2025House
Bill Text
Engrossed
Enrolled
Introduced