Sen. George P. Shadid
Filed: 5/11/2004
 
 

 




 

 		












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AMENDMENT TO HOUSE BILL 916 




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    AMENDMENT NO. ______. Amend House Bill 916  by replacing 
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everything after the enacting clause with the following:

 
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    "Section 5. The Hazardous Material Emergency Response 
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Reimbursement Act is amended  by changing Section 5 as follows:
 



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    (430 ILCS 55/5)  (from Ch. 127 1/2, par. 1005)



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    Sec. 5. Reimbursement to agencies. 

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    (a) It shall be the duty of the responsible party to 
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reimburse, within 60 days after the receipt of a bill for the 
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hazardous material emergency incident
in a
timely and 
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reasonable manner, the emergency response agencies responding 
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to
a hazardous material emergency incident, and any private 
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contractor
responding to the incident at the request of an 
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emergency response agency,
for the costs incurred in the course 
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of providing emergency action.

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    (b) In the event that the emergency response agencies are 
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not reimbursed
by a responsible party as required under 
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subsection (a), monies in the Fund
shall be used to reimburse 
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the emergency response agencies
providing emergency action at 
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or near the scene of a hazardous materials
emergency incident 
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subject to the following limitations:


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        (1) Cost recovery from the Fund is limited to 
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    replacement of expended
materials including, but not 
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    limited to, specialized firefighting
foam, damaged hose or 
 


 






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    other reasonable and necessary supplies.


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        (2) The applicable cost of supplies must exceed 2% of 
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    the
emergency response agency's annual budget.


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        (3) A minimum of $500 must have been expended.


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        (4) A maximum of $10,000 may be requested per incident.


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        (5) The response was made to an incident involving 
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    hazardous materials
facilities such as rolling stock which 
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    are not in a terminal and which are
not included on the 
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    property tax roles for the jurisdiction where the
incident 
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    occurred.

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    (c) Application for reimbursement from the Fund shall be

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made to the State Fire Marshal or his designee.  The State Fire 
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Marshal
shall, through rulemaking, promulgate a standard form 
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for such application.
The State Fire Marshal shall adopt rules 
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for the administration of
this Act.

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(Source: P.A. 90-467, eff. 8-17-97.)".