Full Text of HB3349 98th General Assembly
HB3349sam003 98TH GENERAL ASSEMBLY | Sen. Pamela J. Althoff Filed: 5/17/2013
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| 1 | | AMENDMENT TO HOUSE BILL 3349
| 2 | | AMENDMENT NO. ______. Amend House Bill 3349 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 1. Legislative findings. In 1997, Public Act | 5 | | 90-502 established the Drycleaner Environmental Response Trust | 6 | | Fund (Trust Fund) in response to requests by operators of | 7 | | retail drycleaning facilities to have financial resources | 8 | | available to pay for the cleanup of spills and leaks from | 9 | | drycleaning machines and solvent storage units. | 10 | | The purpose of the Trust Fund is to pay for the remediation | 11 | | of soil and groundwater contamination at both inactive and | 12 | | active drycleaner sites, as well as prevent future spills and | 13 | | leaks of drycleaning solvent. | 14 | | The Trust Fund consists of three primary programs: a | 15 | | licensing program, an insurance program, and a remedial | 16 | | program. | 17 | | The Trust Fund is financed by an annual license fee on |
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| 1 | | active drycleaning facilities; a solvent fee tax charged on | 2 | | each gallon of drycleaning solvent purchased; and insurance | 3 | | premiums for pollution liability insurance coverage. | 4 | | A private company currently provides third-party | 5 | | administrative services for the Trust Fund, including, but not | 6 | | limited to: receiving and processing license applications, | 7 | | receiving and processing applications for insurance coverage, | 8 | | receiving and processing claims, and furnishing other | 9 | | accounting and record-keeping services. | 10 | | Over the course of its operation, the Trust Fund has paid | 11 | | over $31 million for remedial action and insurance claims. | 12 | | The Trust Fund currently has a backlog of unpaid claims | 13 | | totaling $27 million. | 14 | | There are approximately 230 sites that still need to be | 15 | | remediated using moneys in the Trust Fund. | 16 | | Under the current system, the Trust Fund's existing funding | 17 | | sources will not be sufficient to keep up with projected costs | 18 | | and remedial action and insurance claims; thereby increasing | 19 | | the potential for drycleaning solvent releases to impact a | 20 | | larger number of drinking water supplies and threatening many | 21 | | others across the State. | 22 | | The most recent estimate of reimbursement fund balance | 23 | | reveals the Trust Fund is projected to have a deficit of $14 | 24 | | million by its sunset date of January 1, 2020. | 25 | | Most drycleaners are small, independently-owned | 26 | | businesses, and if the Trust Fund is not solvent, drycleaners |
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| 1 | | may not be able to remediate solvent releases in a responsible | 2 | | manner. | 3 | | The General Assembly finds that it is necessary to form a | 4 | | Task Force to study the resource challenges and implementation | 5 | | issues that the Trust Fund currently faces. | 6 | | Section 5. The Drycleaner Environmental Response Trust | 7 | | Fund Act is amended by adding Section 27 as follows: | 8 | | (415 ILCS 135/27 new) | 9 | | Sec. 27. Drycleaner Environmental Response Trust Fund Task | 10 | | Force. | 11 | | (a) There is created the Drycleaner Environmental Response | 12 | | Trust Fund Task Force ("Task Force"). The Task Force shall | 13 | | study the resource challenges and implementation issues that | 14 | | the Fund faces and make recommendations for adequately funding | 15 | | the Fund and for refining and improving the goals and | 16 | | implementation of the Trust Fund program. In conducting the | 17 | | study of the Trust Fund program, the Task Force shall consider | 18 | | appropriate changes to the existing program, including, but not | 19 | | limited to, the following: administration of the program, | 20 | | program eligibility, program goals, fee structures, | 21 | | administrative expenses, licensing requirements, benefits for | 22 | | participation, compliance assurance and continuing education | 23 | | standards, and sunset date. | 24 | | (b) The Council shall be composed of the following members: |
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| 1 | | (1) Two members appointed by the Speaker of the House, | 2 | | one of whom shall be designated as co-chairperson of the | 3 | | Task Force; | 4 | | (2) Two members appointed by the Minority Leader of the | 5 | | House; | 6 | | (3) Two members appointed by the President of the | 7 | | Senate, one of whom shall be designated as co-chairperson | 8 | | of the Task Force; | 9 | | (4) Two members appointed by the Minority Leader of the | 10 | | Senate; | 11 | | (5) Seven members appointed by the Governor to | 12 | | represent the dry cleaning industry, including two members | 13 | | who represent a statewide dry cleaners' organization, | 14 | | three members who represent regional or major metropolitan | 15 | | dry cleaning associations, and two members representing an | 16 | | in-state wholesale distributor of dry cleaning agents; | 17 | | (6) One person appointed by the Governor to represent | 18 | | the Drycleaner Environmental Response Trust Fund Council; | 19 | | and | 20 | | (7) The Director of the Illinois Environmental | 21 | | Protection Agency, or his or her designee. | 22 | | (c) The members of the Task Force shall serve without | 23 | | compensation. | 24 | | (d) The Illinois Environmental Protection Agency shall | 25 | | provide administrative support to the Task Force. | 26 | | (e) In making its determinations, the Task Force must hold |
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| 1 | | at least 3 public meetings in 3 separate metropolitan areas of | 2 | | the State. | 3 | | (f) The Task Force shall submit a report of its findings | 4 | | and recommendations, which shall include proposed legislation, | 5 | | to the Governor and to the General Assembly by no later than | 6 | | December 31, 2014. | 7 | | (g) This Section is repealed on January 1, 2016. ".
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