IllinoisHB5317104th General Assembly (2025–2026)HouseWALLET

EPA-ORPHAN UST CLEANUP

Sponsored By: Sponsor information unavailable

Became Law

Summary

Amends the Petroleum Underground Storage Tanks Title of the Environmental Protection Act. Provides that a municipality or county may, to the same extent as an owner or operator, conduct tank removal, abandonment, site investigation, and corrective action with respect to a petroleum orphan underground storage tank in accordance with the requirements of the Leaking Underground Storage Tank Program, except that a municipality or county does not have to elect to proceed as an owner and the costs shall be eligible for payment from the Underground Storage Tank Fund. Defines "orphan underground storage tank". Makes conforming and other changes in provisions regarding the Underground Storage Tank Fund.

energy & environmentassignmentsenvironment and conservation

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Bill Overview

Analyzed Economic Effects

5 provisions identified: 3 benefits, 0 costs, 2 mixed.

Annual set-aside for old leak sites

Each year, the Agency can set aside up to $10 million for “legacy” sites, subject to appropriation. A legacy site is a release reported before January 1, 2005, where the owner was found eligible and no payment application was filed before January 1, 2010. The site must also meet risk tests, like free product, pollution in a wellhead area, or contamination past the property line.

Cleanup fund and emergency help for tank leaks

The law creates a state Underground Storage Tank Fund. Fees and some state taxes go into it, and investment income stays in the fund. Beginning July 1, 2013, certain sales and use tax payments also flow into the fund. The fund pays for cleanup, repairs, and indemnifies eligible owners, and can provide emergency help like alternate water. It also covers agency costs and up to two test cleanup projects after a $10,000 deductible.

Transfers cut cleanup fund, sweeps blocked

Since July 1, 1993, the state moves money each month from the Fund to pay bond debt. From July 1, 2018 through June 30, 2026, it also transfers $10 million a year to the General Revenue Fund, paid monthly. Starting July 1, 2013, when certain fees cover all claims in a year, 75% of some sales and use tax payments go to the State treasury and 25% is reserved for the Common School Fund instead of staying in the Fund. At the same time, routine administrative sweeps from the Fund are barred.

Cities and counties get help for orphan tanks

Cities and counties can remove, investigate, and clean up orphan petroleum tanks. They can get paid from the Fund for these costs. They do not have to register tanks, pay fees, meet eligibility checks, or pay a deductible.

New rules for business heating-oil tanks

Many business heating‑oil tanks now count as underground storage tanks. Tanks that serve a farm or a home are not included. These business tanks must follow UST rules but can also qualify for Fund help.

Sponsors & Cosponsors

Sponsors

There is no primary sponsor on record.

Cosponsors

  • Carol Ammons

    Affiliation unavailable

  • Dagmara Avelar

    Affiliation unavailable

  • Diane Blair-Sherlock

    Affiliation unavailable

  • Joyce Mason

    Affiliation unavailable

  • Nicholas K. Smith

    Affiliation unavailable

  • Sara Feigenholtz

    Affiliation unavailable

Roll Call Votes

All Roll Calls

Yes: 196 • No: 0

Senate vote 5/21/2026

Third Reading - Passed;

Yes: 59 • No: 0

Senate vote 4/30/2026

Do Pass Environment and Conservation;

Yes: 7 • No: 0

House vote 4/9/2026

Third Reading - Short Debate - Passed

Yes: 104 • No: 0

House vote 3/18/2026

Do Pass as Amended / Short Debate Energy & Environment Committee;

Yes: 26 • No: 0

Actions Timeline

  1. Public Act . . . . . . . . . 104-0700

    8/4/2026House
  2. Effective Date January 1, 2027

    8/4/2026House
  3. Governor Approved

    7/31/2026House
  4. Sent to the Governor

    6/18/2026House
  5. Passed Both Houses

    5/21/2026House
  6. Third Reading - Passed; 059-000-000

    5/21/2026Senate
  7. Placed on Calendar Order of 3rd Reading **

    5/19/2026Senate
  8. Placed on Calendar Order of 3rd Reading May 18, 2026

    5/14/2026Senate
  9. Second Reading

    5/14/2026Senate
  10. Placed on Calendar Order of 2nd Reading May 5, 2026

    4/30/2026Senate
  11. Do Pass Environment and Conservation; 007-000-000

    4/30/2026Senate
  12. Assigned to Environment and Conservation

    4/22/2026Senate
  13. Referred to Assignments

    4/14/2026Senate
  14. First Reading

    4/14/2026Senate
  15. Chief Senate Sponsor Sen. Sara Feigenholtz

    4/14/2026Senate
  16. Placed on Calendar Order of First Reading

    4/14/2026Senate
  17. Arrive in Senate

    4/14/2026Senate
  18. Third Reading - Short Debate - Passed 104-000-000

    4/9/2026House
  19. Added Chief Co-Sponsor Rep. Diane Blair-Sherlock

    4/8/2026House
  20. Added Chief Co-Sponsor Rep. Joyce Mason

    4/8/2026House
  21. Added Chief Co-Sponsor Rep. Nicholas K. Smith

    4/8/2026House
  22. Added Chief Co-Sponsor Rep. Carol Ammons

    4/8/2026House
  23. Fiscal Note Filed

    4/7/2026House
  24. Placed on Calendar Order of 3rd Reading - Short Debate

    4/7/2026House
  25. Second Reading - Short Debate

    4/7/2026House

Bill Text

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