Illinois General Assembly - Full Text of HB4959
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Full Text of HB4959  93rd General Assembly



HB4959 Engrossed LRB093 18642 BDD 44368 b

1     AN ACT concerning public safety.
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4     Section 5. The Hazardous Material Emergency Response
5 Reimbursement Act is amended by changing Section 5 as follows:
6     (430 ILCS 55/5)  (from Ch. 127 1/2, par. 1005)
7     Sec. 5. Reimbursement to agencies.
8     (a) It shall be the duty of the responsible party to
9 reimburse, within 60 days after the receipt of a bill for the
10 hazardous material emergency incident in a timely and
11 reasonable manner, the emergency response agencies responding
12 to a hazardous material emergency incident, and any private
13 contractor responding to the incident at the request of an
14 emergency response agency, for the costs incurred in the course
15 of providing emergency action.
16     (b) In the event that the emergency response agencies are
17 not reimbursed by a responsible party as required under
18 subsection (a), monies in the Fund shall be used to reimburse
19 the emergency response agencies providing emergency action at
20 or near the scene of a hazardous materials emergency incident
21 subject to the following limitations:
22         (1) Cost recovery from the Fund is limited to
23 replacement of expended materials including, but not
24 limited to, specialized firefighting foam, damaged hose or
25 other reasonable and necessary supplies.
26         (2) The applicable cost of supplies must exceed 2% of
27 the emergency response agency's annual budget.
28         (3) A minimum of $500 must have been expended.
29         (4) A maximum of $10,000 may be requested per incident.
30         (5) The response was made to an incident involving
31 hazardous materials facilities such as rolling stock which
32 are not in a terminal and which are not included on the



HB4959 Engrossed - 2 - LRB093 18642 BDD 44368 b

1 property tax roles for the jurisdiction where the incident
2 occurred.
3     (c) Application for reimbursement from the Fund shall be
4 made to the State Fire Marshal or his designee. The State Fire
5 Marshal shall, through rulemaking, promulgate a standard form
6 for such application. The State Fire Marshal shall adopt rules
7 for the administration of this Act.
8 (Source: P.A. 90-467, eff. 8-17-97.)