Environment

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.

Amends the Environmental Protection Act. Provides that the Underground Storage Tank Fund shall be accessible by owners and operators who intend to remove underground storage tanks installed over 30 years before removal if the eligibility requirements of specified provisions are satisfied and (1) neither the owner nor the operator is the United States Government; (2) the tank does not contain fuel which is exempt from the Motor Fuel Tax Law; (3) the costs were incurred as a result of removing an underground storage tank installed over 30 years prior to removal; (4) the owner or operator registered the tank and paid all fees in accordance with the statutory and regulatory requirements of the Gasoline Storage Act; (5) the owner or operator notified the Illinois Environmental Protection Agency and the Office of the State Fire Marshal of the owner's or operator's intent to remove the underground storage tank; and (6) the costs have not already been paid to the owner or operator under a private insurance policy, other written agreement, or court order.

Amends the Environmental Protection Act. Repeals the definition of "food scrap"; adds definitions for "anaerobic digestion", "biogas", "digestate", "food waste", "organic material", and "organic waste"; and updates the definitions of "compost" and "composting". In provisions regarding pollution control facilities, includes a new exemption for portions of sites or facilities used for composting or anaerobic digestion of organic waste that meet specified siting, setback, floodplain, and operational requirements. In provisions regarding prohibited acts, establishes permitting requirements for organic waste composting operations and organic waste anaerobic digesters, and creates exemptions for small-scale and certain farm-based composting operations that meet volume limits, setback distances, and other environmental safeguards. Provides that anaerobic digesters using only non-waste feedstock are exempt from solid waste permitting and clarifies that digested material returned to the economic mainstream is not regulated as waste. Authorizes the Environmental Protection Agency to recommend, and the Pollution Control Board to adopt, performance standards for organic waste compost facilities and testing procedures for end-product compost, and requires a Technical Advisory Committee with balanced stakeholder representation. Specifies that standards apply to compost offered for sale or use and exempts on-site residential composting. Makes conforming changes throughout to integrate new definitions and regulatory requirements.

Amends the Environmental Protection Act. In provisions regarding environmental laboratory certification assessment, repeals provisions establishing the Environmental Laboratory Certification Committee and deletes references to the Committee.

Amends the Open Space Lands Acquisition and Development Act. Provides that a distressed location project that is located within a distressed community shall be eligible for assistance of up to 100% for the acquisition of open space lands and for capital development and improvement proposals that are in conformity with the purposes of the Act. Specifies that a project that is located within a distressed community, regardless of whether the project is located within a distressed location, is eligible for assistance up to 90% for the acquisition of open space lands and for capital development and improvement proposals that are in conformity with the purposes of the Act. Provides that a distressed location project that is not located in a distressed community shall be eligible for assistance of up to 75% for the acquisition of open space lands and for capital development and improvement proposals that are in conformity with the purposes of the Act. Directs the Department of Natural Resources to prioritize the making of grants under the Act for projects that are located in distressed locations and distressed communities. Sets limits on the appropriated amounts that may be used for grants to distressed communities and distressed locations. Repeals a provision that required the Department of Natural Resources to prepare a Distressed Local Government Report. Repeals provisions that define terms. Adds other definitions. Amends the Illinois Administrative Procedure Act. Grants emergency rulemaking powers to the Department of Natural Resources.

Creates the Farmer Tax Benefit Act. Provides that taxpayers may apply to the Department of Natural Resources for an income tax credit in an amount equal to either (i) 100% of the fair market value of a qualified donation to a conservation agency of a land protection agreement or (ii) 50% of the fair market value of the qualified donation to a conservation agency of a fee simple interest or a remainder interest in qualified real property. Amends the Illinois Income Tax Act to make conforming changes.

Creates the River Access Modernization Act. Affirms the public's right to use navigable and recreationally suitable waters for canoeing, boating, kayaking, and angling, subject to protection of private property rights and environmental values. Provides that the public right of use does not include crossing private uplands or exiting onto private land without permission. Establishes landowner liability protections. Prohibits littering and alteration of flora and fauna. Grants rulemaking authority to the Department of Natural Resources to designate public access points, resolve conflicts, promote safety and conservation education, and maintain a listing of navigable waterways. Defines "navigable water" and "public recreational use".

Amends the Department of Natural Resources (Conservation) Law of the Civil Administrative Code of Illinois. Provides that Department has the power to expend moneys appropriated to the Department from the Park and Conservation Fund in the State treasury for furtherance of the Department's programs or for use by the Department for the Department's normal operations and for the construction and maintenance of State owned, leased, and managed sites (rather than the ordinary and contingent expenses of the Department). Amends the State Finance Act. Provides that the Comptroller shall order transferred and the Treasurer shall transfer from the Park and Conservation Fund Account in the Build Illinois Fund to the Park and Conservation Fund 1/12 of $10,000,000, plus any cumulative deficiency in those transfers for prior months, for any purposes (rather than Conservation and Park purposes) as enumerated in Section 805-420 of the Department of Natural Resources (Conservation) Law or for the same purposes as specified in any other State general obligation bond Act. Amends the Illinois Vehicle Code. Provides that the moneys deposited in the Park and Conservation Fund shall be used as provided for in Section 805-420 of the Department of Natural Resources (Conservation) Law of the Civil Administrative Code of Illinois (rather than for the development and acquisition of bike paths).

Amends the Environmental Protection Act. Provides that no person shall use, or cause or allow the use of, any site on which a former waste disposal operation is located in a manner that is inconsistent with the closure of the waste disposal operation. Lists prohibited uses.

Amends the Downstate Forest Preserve District Act. Provides that the Board of the Kendall County Forest Preserve District may impose a tax upon all persons engaged in the business of selling, including leasing, tangible personal property, other than personal property titled or registered with an agency of this State's government, at retail in the county on the gross receipts from the sales made in the course of business to provide revenue to be used by the forest preserve district in that county for general forest preserve district purposes. Provides that the tax may not be imposed on tangible personal property taxed at the 1% rate under the Retailers' Occupation Tax Act. Provides that the tax shall not be imposed on sales of aviation fuel for so long as the revenue use requirements are binding on the board. Provides that the tax and all civil penalties that may be assessed as an incident of the tax shall be collected and enforced by the Department of Revenue. Amends the State Finance Act. Designates the Special Forest Preserve District Retailers and Service Occupation Tax Fund as a special fund in the State Treasury. Makes other changes. Effective immediately.