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90_HB1174
430 ILCS 55/2 from Ch. 127 1/2, par. 1002
430 ILCS 55/4 from Ch. 127 1/2, par. 1004
430 ILCS 55/5 from Ch. 127 1/2, par. 1005
430 ILCS 55/6 from Ch. 127 1/2, par. 1006
Amends the Hazardous Material Emergency Response
Reimbursement Act. Provides that it is the intent of the
General Assembly to alleviate the financial hardship imposed
on all (instead of small) communities that respond to
emergency incidents involving hazardous materials. Provides
that appropriations shall be made from designated sources to
the Emergency Response Reimbursement Fund. Provides that if
an emergency response agency is not reimbursed by a
responsible party within 180 days after the agency incurs
costs and without the agency having to institute a civil
action against the responsible party, money in the Fund shall
be used to reimburse the agency (instead of if the agency is
not reimbursed by the responsible party, money in the Fund
shall be used to reimburse the agency). Provides that cost
recovery from the Fund is limited to the payment of costs
incurred by the agency or a contractor hired by the agency
and replacement of expended materials (now limited to
replacement of expended materials). Removes the limitation
on reimbursement that provides that the applicable cost of
supplies must exceed 5% of the agency's budget. Provides
that upon judgment for the State Fire Marshal in a civil
action, the State is entitled to punitive damages. Effective
immediately.
LRB9000401NTsbA
LRB9000401NTsbA
1 AN ACT to amend the Hazardous Material Emergency Response
2 Reimbursement Act by changing Sections 2, 4, 5, and 6.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Hazardous Material Emergency Response
6 Reimbursement Act is amended by changing Sections 2, 4, 5,
7 and 6 as follows:
8 (430 ILCS 55/2) (from Ch. 127 1/2, par. 1002)
9 Sec. 2. Intent. The General Assembly finds that the
10 emergency response in all small communities that,
11 particularly volunteer fire departments, who may have small
12 operating budgets, and who respond to emergency incidents,
13 particularly transportation related, may result in the
14 community incurring expenses that cannot be readily absorbed
15 expend costly materials which may be irreplaceable without
16 financial assistance. While responsible parties frequently
17 reimburse responders for expended supplies and other costs
18 incurred in response actions, it may require long periods of
19 time to determine liability and costly litigation to recover
20 costs incurred. During these time delays, communities small,
21 poorly funded departments may not be financially capable of
22 replacing supplies, leaving the community unprotected in case
23 of other incidents. Therefore; it is the intent of the
24 General Assembly to establish the Hazardous Material
25 Emergency Reimbursement Fund to alleviate the financial
26 hardships imposed upon any community that responds small
27 communities who respond to emergency incidents involving
28 hazardous materials.
29 (Source: P.A. 86-972.)
30 (430 ILCS 55/4) (from Ch. 127 1/2, par. 1004)
-2- LRB9000401NTsbA
1 Sec. 4. Establishment. The Emergency Response
2 Reimbursement Fund in the State Treasury, hereinafter called
3 the Fund, is hereby created. Appropriations shall be made
4 from the general revenue fund and other designated sources to
5 the Fund as necessary to maintain the reimbursement program.
6 Monies in the Fund shall be used as provided in this Act.
7 (Source: P.A. 86-972.)
8 (430 ILCS 55/5) (from Ch. 127 1/2, par. 1005)
9 Sec. 5. Reimbursement to agencies.
10 (a) It shall be the duty of the responsible party to
11 reimburse, in a timely and reasonable manner, the emergency
12 response agencies responding to a hazardous material
13 emergency incident, and any private contractor responding to
14 the incident at the request of an emergency response agency,
15 for the costs incurred in the course of providing emergency
16 action.
17 (b) In the event that the emergency response agencies
18 are not reimbursed by a responsible party as required under
19 subsection (a) within 180 days after the agencies incur costs
20 to respond to an incident and without the agencies having to
21 institute a civil action against a responsible party to
22 recover the costs, monies in the Fund shall be used to
23 reimburse the emergency response agencies providing emergency
24 action at or near the scene of a hazardous materials
25 emergency incident subject to the following limitations:
26 (1) Cost recovery from the Fund is limited to the
27 payment of costs incurred by an emergency response agency
28 or any contractor hired by an emergency response agency
29 to respond to a hazardous material emergency incident at
30 the request of an emergency agency and replacement of
31 expended materials including, but not limited to,
32 specialized firefighting foam, damaged hose or other
33 reasonable and necessary supplies.
-3- LRB9000401NTsbA
1 (2) (Blank.) The applicable cost of supplies must
2 exceed 5% of the emergency response agency's annual
3 budget.
4 (3) A minimum of $500 must have been expended.
5 (4) A maximum of $10,000 may be requested per
6 incident.
7 (5) The response was made to an incident involving
8 hazardous materials facilities such as rolling stock
9 which are not in a terminal and which are not included on
10 the property tax roles for the jurisdiction where the
11 incident occurred.
12 (c) Application for reimbursement from the Fund shall be
13 made to the State Fire Marshal or his designee. The State
14 Fire Marshal shall, through rulemaking, promulgate a standard
15 form for such application. The State Fire Marshal shall
16 adopt rules for the administration of this Act.
17 (Source: P.A. 86-972; 87-309.)
18 (430 ILCS 55/6) (from Ch. 127 1/2, par. 1006)
19 Sec. 6. Reimbursement to the Fund. The responsible
20 party shall reimburse the Fund for money provided to
21 emergency response agencies.
22 (a) A voluntary contribution to the Fund or directly to
23 an emergency response agency or private contractor does not
24 constitute an admission of responsibility relative to this
25 Act or to any other State or federal laws or regulations.
26 (b) If no party to the incident provides reimbursement
27 to the emergency responder or to the Fund, the Attorney
28 General may, at the request of the State Fire Marshal,
29 institute a civil action to recover costs. Upon judgment for
30 the State Fire Marshal in the civil action, the State shall
31 be entitled to punitive damages from the responsible party or
32 any party liable to pay for the judgment under a contract of
33 insurance in an amount at least equal to, and not more than 3
-4- LRB9000401NTsbA
1 times, the amount of any costs incurred by the Fund.
2 (c) In the event that the emergency response agency
3 receives payment from any responsible party or the federal
4 government, the emergency response agency shall pay into the
5 Fund an amount equal to any reimbursement received from the
6 Fund for that incident.
7 (Source: P.A. 86-972; 87-309.)
8 Section 99. Effective date. This Act takes effect upon
9 becoming law.