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90_HB1174enr
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
HB1174 Enrolled LRB9000401NTsbA
1 AN ACT to amend the Hazardous Material Emergency Response
2 Reimbursement Act by changing Sections 2 and 5.
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 and 5 as
7 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 55/5) (from Ch. 127 1/2, par. 1005)
HB1174 Enrolled -2- LRB9000401NTsbA
1 Sec. 5. Reimbursement to agencies.
2 (a) It shall be the duty of the responsible party to
3 reimburse, in a timely and reasonable manner, the emergency
4 response agencies responding to a hazardous material
5 emergency incident, and any private contractor responding to
6 the incident at the request of an emergency response agency,
7 for the costs incurred in the course of providing emergency
8 action.
9 (b) In the event that the emergency response agencies
10 are not reimbursed by a responsible party as required under
11 subsection (a), monies in the Fund shall be used to reimburse
12 the emergency response agencies providing emergency action at
13 or near the scene of a hazardous materials emergency incident
14 subject to the following limitations:
15 (1) Cost recovery from the Fund is limited to
16 replacement of expended materials including, but not
17 limited to, specialized firefighting foam, damaged hose
18 or other reasonable and necessary supplies.
19 (2) The applicable cost of supplies must exceed 2%
20 5% of the emergency response agency's annual budget.
21 (3) A minimum of $500 must have been expended.
22 (4) A maximum of $10,000 may be requested per
23 incident.
24 (5) The response was made to an incident involving
25 hazardous materials facilities such as rolling stock
26 which are not in a terminal and which are not included on
27 the property tax roles for the jurisdiction where the
28 incident occurred.
29 (c) Application for reimbursement from the Fund shall be
30 made to the State Fire Marshal or his designee. The State
31 Fire Marshal shall, through rulemaking, promulgate a standard
32 form for such application. The State Fire Marshal shall
33 adopt rules for the administration of this Act.
34 (Source: P.A. 86-972; 87-309.)
HB1174 Enrolled -3- LRB9000401NTsbA
1 Section 99. Effective date. This Act takes effect upon
2 becoming law.