Illinois 95th Regular Session Status: Passed House

HB 2995 — SAFETY-TECH

Last action — Session Sine Die

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. 3
    Passed House
  4. 4
    Passed Senate
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 95th Regular Session. It reached “Passed House” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

Amends the Hazardous Materials Emergency Act. Makes a technical change in a Section concerning legislative findings.

Bill Text

What changed in the latest version

227 added · 43 removed

Plain-language change summary

The amendments made to HB 2995 focus on clarifying the roles of the Office of the State Fire Marshal and local municipalities regarding the regulation of gasoline storage and dispensing. Importantly, the bill now explicitly states that the Fire Marshal's jurisdiction works alongside local regulations, ensuring that everyone must still comply with local zoning laws. This change is significant because it aims to enhance safety standards while allowing flexibility for local governments in managing how gasoline is stored and dispensed in their areas.

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*LRB09507566LCT27716b* HB2995 95TH GENERAL ASSEMBLY State of Illinois and 2008 HB2995 Introduced 2/26/2007, by Rep.
HB2995 Engrossed LRB095 07566 LCT 27716 b AN ACT concerning safety.
Tom Cross SYNOPSIS AS INTRODUCED:
ILCS 50/1 from Ch.
127, par.
1251 in a Section concerning the findings.rgency Act.
Makes a technical change LRB095 07566 LCT 27716 b A BILL FOR HB2995 LRB095 07566 LCT 27716 b AN ACT concerning safety.
The Hazardous Materials Emergency Act is amended by changing Section 1 as follows:
The Gasoline Storage Act is amended by changing Section 2 as follows:
(430 ILCS 50/1) (from Ch.
(430 ILCS 15/2) (from Ch.
127, par.
127 1/2, par.
1251) Sec.
154) Sec.
1.
2.
It is the finding of the General Assembly:
Jurisdiction;
(a) That That the use, transportation, storage and manufacture of hazardous materials creates a substantial risk that accidents will occur involving such hazardous materials;
regulation of tanks.
(b) That accidents involving hazardous materials create an unreasonable risk to the health, safety and welfare of the People of Illinois;
(1) (a) Except as otherwise provided in this Act, the jurisdiction of the Office of the State Fire Marshal under this Act shall be concurrent with that of municipalities and other political subdivisions.
(c) That the federal government promulgates regulations for the interstate transportation of hazardous materials, but that the People of Illinois can benefit by having such precautions as those included in federal regulation extended to intrastate transportation and other activities which might result in an accident involving hazardous materials;
The Office of the State Fire Marshal has power to promulgate, pursuant to the Illinois Administrative Procedure Act, reasonable rules and regulations governing the keeping, storage, transportation, sale or use of gasoline and volatile oils.
(d) That often the emergency agency which first responds to an accident involving a hazardous material is unable to determine the nature of the material and is unfamiliar with precautionary measures which must be exercised in handling the HB2995 - 2 - LRB095 07566 LCT 27716 b material, with resulting use of incorrect emergency procedures endangering both members of the emergency agency and the public;
Nothing in this Act shall relieve any person, corporation, or other entity from complying with any zoning ordinance of a municipality or home rule unit enacted pursuant to Section 11-13-1 of the Illinois Municipal Code or any ordinance enacted pursuant to Section 11-8-4 of the Illinois Municipal Code.
and (e) That response to hazardous materials emergencies can be accomplished more rapidly and with greater efficiency if one agency of State government with the necessary communications network is designated as the central reporting agency in case of emergency.
(b) The rulemaking power shall include the power to promulgate rules providing for the issuance and revocation of permits allowing the self service dispensing of motor fuels as HB2995 Engrossed - 2 - LRB095 07566 LCT 27716 b such term is defined in the Motor Fuel Tax Law in retail service stations or any other place of business where motor fuels are dispensed into the fuel tanks of motor vehicles, internal combustion engines or portable containers.
Such rules shall specify the requirements that must be met both prior and subsequent to the issuance of such permits in order to insure the safety and welfare of the general public.
The operation of such service stations without a permit shall be unlawful.
The Office of the State Fire Marshal shall revoke such permit if the self service operation of such a service station is found to pose a significant risk to the safety and welfare of the general public.
(c) However, except in any county with a population of 1,000,000 or more, the Office of the State Fire Marshal shall not have the authority to prohibit the operation of a service station solely on the basis that it is an unattended self-service station which utilizes key or card operated self-service motor fuel dispensing devices.
Nothing in this paragraph shall prohibit the Office of the State Fire Marshal from adopting reasonable rules and regulations governing the safety of self-service motor fuel dispensing devices.
(d) The State Fire Marshal shall not prohibit the dispensing or delivery of flammable or combustible motor vehicle fuels directly into the fuel tanks of vehicles from tank trucks, tank wagons, or other portable tanks.
The State Fire Marshal shall adopt rules (i) for the issuance of permits HB2995 Engrossed - 3 - LRB095 07566 LCT 27716 b for the dispensing of motor vehicle fuels in the manner described in this paragraph (d), (ii) that establish fees for permits and inspections, and provide for those fees to be deposited into the Fire Prevention Fund, (iii) that require the dispensing of motor fuel in the manner described in this paragraph (d) to meet conditions consistent with nationally recognized standards such as those of the National Fire Protection Association, and (iv) that restrict the dispensing of motor vehicle fuels in the manner described in this paragraph (d) to the following:
(A) agriculture sites for agricultural purposes, (B) construction sites for refueling construction equipment used at the construction site, (C) sites used for the parking, operation, or maintenance of a commercial vehicle fleet, but only if the site is located in Cook, Lake, McHenry, Kane, DuPage, Will, Kankakee, Grundy, Kendall, Dekalb, Boone, Ogle, or Winnebago county a county with 3,000,000 or more inhabitants or a county contiguous to a county with 3,000,000 or more inhabitants and the site is not normally accessible to the public, and (D) sites used for the refueling of police, fire, or emergency medical services vehicles or other vehicles that are owned, leased, or operated by (or operated under contract with) the State, a unit of local government, or a school district, or any agency of the State and that are HB2995 Engrossed - 4 - LRB095 07566 LCT 27716 b not normally accessible to the public.
(2) (a) The Office of the State Fire Marshal shall adopt rules and regulations regarding underground storage tanks and associated piping and no municipality or other political subdivision shall adopt or enforce any ordinances or regulations regarding such underground tanks and piping other than those which are identical to the rules and regulations of the Office of the State Fire Marshal.
It is declared to be the law of this State, pursuant to paragraphs (h) and (i) of Section 6 of Article VII of the Illinois Constitution, that the establishment and enforcement of standards regarding underground storage tanks and associated piping within the jurisdiction of the Office of the State Fire Marshal is an exclusive State function which may not be exercised concurrently by a home rule unit except as expressly permitted in this Act.
(b) The Office of the State Fire Marshal may enter into written contracts with municipalities of over 500,000 in population to enforce the rules and regulations adopted under this subsection.
(3) (a) The Office of the State Fire Marshal shall have authority over underground storage tanks which contain, have contained, or are designed to contain petroleum, hazardous substances and regulated substances as those terms are used in Subtitle I of the Hazardous and Solid Waste Amendments of 1984 (P.L.
98-616), as amended by the Superfund Amendments and HB2995 Engrossed - 5 - LRB095 07566 LCT 27716 b Reauthorization Act of 1986 (P.L.
99-499).
The Office shall have the power with regard to underground storage tanks to require any person who tests, installs, repairs, replaces, relines, or removes any underground storage tank system containing, formerly containing, or which is designed to contain petroleum or other regulated substances, to obtain a permit to install, repair, replace, reline, or remove the particular tank system, and to pay a fee set by the Office for a permit to install, repair, replace, reline, upgrade, test, or remove any portion of an underground storage tank system.
All persons who do repairs above grade level for themselves need not pay a fee or be certified.
All fees received by the Office from certification and permits shall be deposited in the Fire Prevention Fund for the exclusive use of the Office in administering the Underground Storage Tank program.
(b) (i) Within 120 days after the promulgation of regulations or amendments thereto by the Administrator of the United States Environmental Protection Agency to implement Section 9003 of Subtitle I of the Hazardous and Solid Waste Amendments of 1984 (P.L.
98-616) of the Resource Conservation and Recovery Act of 1976 (P.L.
94-580 95-580), as amended, the Office of the State Fire Marshal shall adopt regulations or amendments thereto which are identical in substance.
The rulemaking provisions of Section 5-35 of the Illinois Administrative Procedure Act shall not apply to regulations or amendments thereto adopted pursuant to this subparagraph (i).
HB2995 Engrossed - 6 - LRB095 07566 LCT 27716 b (ii) The Office of the State Fire Marshal may adopt additional regulations relating to an underground storage tank program that are not inconsistent with and at least as stringent as Section 9003 of Subtitle I of the Hazardous and Solid Waste Amendments of 1984 (P.L.
98-616) of the Resource Conservation and Recovery Act of 1976 (P.L.
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94-580), as amended, or regulations adopted thereunder.
Except as provided otherwise in subparagraph (i) of this paragraph (b), the Office of the State Fire Marshal shall not adopt regulations relating to corrective action at underground storage tanks.
Regulations adopted pursuant to this subsection shall be adopted in accordance with the procedures for rulemaking in Section 5-35 of the Illinois Administrative Procedure Act.
(c) The Office of the State Fire Marshal shall require any person, corporation or other entity who tests an underground tank or its piping or cathodic protection for another to report the results of such test to the Office.
(d) In accordance with constitutional limitations, the Office shall have authority to enter at all reasonable times upon any private or public property for the purpose of:
(i) Inspecting and investigating to ascertain possible violations of this Act, of regulations thereunder or of permits or terms or conditions thereof;
or (ii) In accordance with the provisions of this Act, taking whatever emergency action, that is necessary or appropriate, to assure that the public health or safety is HB2995 Engrossed - 7 - LRB095 07566 LCT 27716 b not threatened whenever there is a release or a substantial threat of a release of petroleum or a regulated substance from an underground storage tank.
(e) The Office of the State Fire Marshal may issue an Administrative Order to any person who it reasonably believes has violated the rules and regulations governing underground storage tanks, including the installation, repair, leak detection, cathodic protection tank testing, removal or release notification.
Such an order shall be served by registered or certified mail or in person.
Any person served with such an order may appeal such order by submitting in writing any such appeal to the Office within 10 days of the date of receipt of such order.
The Office shall conduct an administrative hearing governed by the Illinois Administrative Procedure Act and enter an order to sustain, modify or revoke such order.
Any appeal from such order shall be to the circuit court of the county in which the violation took place and shall be governed by the Administrative Review Law.
(f) The Office of the State Fire Marshal shall not require the removal of an underground tank system taken out of operation before January 2, 1974, except in the case in which the office of the State Fire Marshal has determined that a release from the underground tank system poses a current or potential threat to human health and the environment.
In that case, and upon receipt of an Order from the Office of the State Fire Marshal, the owner or operator of the nonoperational HB2995 Engrossed - 8 - LRB095 07566 LCT 27716 b underground tank system shall assess the excavation zone and close the system in accordance with regulations promulgated by the Office of the State Fire Marshal.
(4) (a) The Office of the State Fire Marshal shall adopt rules and regulations regarding aboveground storage tanks and associated piping and no municipality or other political subdivision shall adopt or enforce any ordinances or regulations regarding such aboveground tanks and piping other than those which are identical to the rules and regulations of the Office of the State Fire Marshal unless, in the interest of fire safety, the Office of the State Fire Marshal delegates such authority to municipalities, political subdivisions or home rule units.
It is declared to be the law of this State, pursuant to paragraphs (h) and (i) of Section 6 of Article VII of the Illinois Constitution, that the establishment of standards regarding aboveground storage tanks and associated piping within the jurisdiction of the Office of the State Fire Marshal is an exclusive State function which may not be exercised concurrently by a home rule unit except as expressly permitted in this Act.
(b) The Office of the State Fire Marshal shall enforce its rules and regulations concerning aboveground storage tanks and associated piping;
however, municipalities may enforce any of their zoning ordinances or zoning regulations regarding aboveground tanks.
The Office of the State Fire Marshal may issue an administrative order to any owner of an aboveground HB2995 Engrossed - 9 - LRB095 07566 LCT 27716 b storage tank and associated piping it reasonably believes to be in violation of such rules and regulations to remedy or remove any such violation.
Such an order shall be served by registered or certified mail or in person.
Any person served with such an order may appeal such order by submitting in writing any such appeal to the Office within 10 days of the date of receipt of such order.
The Office shall conduct an administrative hearing governed by the Illinois Administrative Procedure Act and enter an order to sustain, modify or revoke such order.
Any appeal from such order shall be to the circuit court of the county in which the violation took place and shall be governed by the Administrative Review Law.
79-1442.)
91-851, eff.
1-1-01;
92-618, eff.
7-11-02;
revised 10-9-03.) Section 99.
Effective date.
This Act takes effect upon becoming law.
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Action History

  1. Session Sine Die

  2. Rule 19(a) / Re-referred to Rules Committee

  3. Final Action Deadline Extended-9(b) January 10, 2008

  4. Final Action Deadline Extended-9(b) November 30, 2007

  5. Final Action Deadline Extended-9(b) November 2, 2007

  6. Final Action Deadline Extended-9(b) October 12, 2007

  7. Final Action Deadline Extended-9(b) October 5, 2007

  8. Final Action Deadline Extended-9(b) September 5, 2007

  9. Final Action Deadline Extended-9(b) August 24, 2007

  10. Final Action Deadline Extended-9(b) August 17, 2007

  11. Final Action Deadline Extended-9(b) August 10, 2007

  12. Final Action Deadline Extended-9(b) August 4, 2007

  13. Final Action Deadline Extended-9(b) July 31, 2007

  14. Final Action Deadline Extended-9(b) June 30, 2007

  15. Final Action Deadline Extended-9(b) June 22, 2007

  16. Final Action Deadline Extended-9(b) June 15, 2007

  17. Final Action Deadline Extended-9(b) June 8, 2007

  18. Final Action Deadline Extended-9(b) May 31, 2007

  19. Final Action Deadline Extended-9(b) May 25, 2007

  20. Third Reading/Final Action Deadline Extended-9(b) May 18, 2007

  21. Third Reading/Final Action Deadline Extended-9(b) May 10, 2007

  22. Third Reading/Final Action Deadline Extended-9(b) May 3, 2007

  23. Added Chief Co-Sponsor Rep. Robert W. Pritchard

  24. Added Chief Co-Sponsor Rep. Jim Sacia

  25. Placed on Calendar Order of 3rd Reading - Short Debate

  26. House Floor Amendment No. 1 Adopted by Voice Vote

  27. Second Reading - Short Debate

  28. House Floor Amendment No. 1 Recommends Be Adopted Environment & Energy Committee; 014-000-000

  29. Added Chief Co-Sponsor Rep. Jim Durkin

  30. House Floor Amendment No. 1 Rules Refers to Environment & Energy Committee

  31. House Floor Amendment No. 1 Referred to Rules Committee

  32. House Floor Amendment No. 1 Filed with Clerk by Rep. Angelo Saviano

  33. Chief Sponsor Changed to Rep. Angelo Saviano

  34. Placed on Calendar 2nd Reading - Short Debate

  35. Do Pass / Short Debate Executive Committee; 013-000-000

  36. Assigned to Executive Committee

  37. Referred to Rules Committee

  38. First Reading

  39. Filed with the Clerk by Rep. Tom Cross

Sponsors

  • Angelo Saviano · Cosponsor

Sponsorship breakdown

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0 sponsors · 1 co-sponsors · 182 not signed on

Sponsors (0)

None.

Co-sponsors (1)

  • Angelo Saviano

Not signed on (182)

182 members have not signed on to this bill.

Show all 182 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Subjects

public-safety technology
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does HB 2995 do?
Amends the Hazardous Materials Emergency Act. Makes a technical change in a Section concerning legislative findings.
Who sponsors HB 2995?
HB 2995 is sponsored by Angelo Saviano.
What is the current status of HB 2995?
This bill died with 95th Regular Session. It reached “Passed House” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track HB 2995?
Track HB 2995 free on One Click Politics — get push/email alerts when it moves.

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