Full Text of SB1781 102nd General Assembly
SB1781 102ND GENERAL ASSEMBLY |
| | 102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022 SB1781 Introduced 2/26/2021, by Sen. Laura M. Murphy SYNOPSIS AS INTRODUCED: |
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Amends the Drycleaner Environmental Response Trust Fund Act. Provides that, notwithstanding any other law to the contrary, the Drycleaner Environmental Response Trust Fund is not subject to sweeps, administrative charge-backs, or any other fiscal maneuver that would in any way transfer any amounts from the Drycleaner Environmental Response Trust Fund into any other fund of the State. Effective immediately.
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| | A BILL FOR |
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| 1 | | AN ACT concerning safety.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Drycleaner Environmental Response Trust | 5 | | Fund Act is amended by changing Sections 10 as follows:
| 6 | | (415 ILCS 135/10)
| 7 | | Sec. 10. Drycleaner Environmental Response Trust Fund.
| 8 | | (a) The Drycleaner Environmental Response Trust Fund is | 9 | | created as a
special fund in the State Treasury.
Moneys | 10 | | deposited into the Fund shall be used by the Agency
for the | 11 | | purposes of
this Act.
The Fund shall include moneys credited | 12 | | to the Fund under this Act
and other moneys that by law may be | 13 | | credited to the Fund.
The State Treasurer may invest moneys | 14 | | deposited into
the Fund. Interest, income from the
| 15 | | investments, and other income earned by the Fund shall be | 16 | | credited to and
deposited into the Fund.
| 17 | | The Fund may be divided into different accounts with | 18 | | different
depositories to fulfill the purposes of the Act.
| 19 | | Moneys in the Fund at the end of a State fiscal year
shall | 20 | | be carried forward to the next fiscal year and shall not revert | 21 | | to
the General Revenue Fund.
| 22 | | Notwithstanding any other law to the contrary, the | 23 | | Drycleaner Environmental Response Trust Fund is not subject to |
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| 1 | | sweeps, administrative charge-backs, or any other fiscal | 2 | | maneuver that would in any way transfer any amounts from the | 3 | | Drycleaner Environmental Response Trust Fund into any other | 4 | | fund of the State. | 5 | | (b) The specific purposes of the Fund include, but are not | 6 | | limited to,
the following:
| 7 | | (1) To establish an account to fund remedial action of | 8 | | drycleaning
solvent releases from drycleaning facilities | 9 | | as provided by
Section 40.
| 10 | | (2) To establish an insurance account for insuring | 11 | | environmental risks
from releases from drycleaning | 12 | | facilities within this State as
provided by Section 45.
| 13 | | (c) The State, the General Revenue Fund, and any other | 14 | | Fund of
the
State, other than the Drycleaner Environmental | 15 | | Response Trust Fund, shall not
be
liable for a claim or cause | 16 | | of action in connection with a drycleaning facility
not owned | 17 | | or operated by the State or an agency of the State. All | 18 | | expenses
incurred by the Fund shall be payable solely from the | 19 | | Fund and
no liability or obligation shall be imposed upon the | 20 | | State. The State is not
liable for a claim presented against | 21 | | the Fund.
| 22 | | (d) The liability of the Fund is limited to the extent of | 23 | | coverage provided
by the account under which a claim is | 24 | | submitted, subject to the terms and
conditions of that | 25 | | coverage. The liability of the Fund is further limited by
the | 26 | | moneys made available to the Fund, and no remedy shall be |
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| 1 | | ordered
that would require the Fund to exceed its then current | 2 | | funding limitations
to satisfy an award or which would | 3 | | restrict the availability of moneys for
higher priority sites.
| 4 | | (e) Nothing in this Act shall be construed to limit, | 5 | | restrict, or affect the
authority and powers of the Agency or | 6 | | another State agency or statute unless
the
State agency or | 7 | | statute is specifically referenced and the limitation is
| 8 | | clearly set forth in this Act.
| 9 | | (f) During each fiscal year, the Agency shall limit its | 10 | | administration of the Fund to no more $600,000 in | 11 | | administrative expenses. The limitation in this subsection (f) | 12 | | does not apply to costs incurred by the Agency in: | 13 | | (1) reviewing remedial action under Title XVII of the | 14 | | Environmental Protection Act; or | 15 | | (2) performing investigative or remedial actions. | 16 | | (Source: P.A. 101-400, eff. 7-1-20 .)
| 17 | | Section 99. Effective date. This Act takes effect upon | 18 | | becoming law.
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