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92_HB0347eng HB0347 Engrossed LRB9203675LBmg 1 AN ACT concerning environmental protection. 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 Section 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 mustshallbe used solely for the 11 purposes of the Council and for other purposes as provided in 12 this Act. The Fund shall include moneys credited to the Fund 13 under this Act and other moneys that by law may be credited 14 to the Fund. The State Treasurer may invest Funds deposited 15 into the Fund at the direction of the Council. Interest, 16 income from the investments, and other income earned by the 17 Fund mustshallbe credited to and deposited into the Fund. 18 Pursuant to appropriation, all moneys in the Drycleaner 19 Environmental Response Trust Fund mustshallbe disbursed by 20 the Agency to the Council for the purpose of making 21 disbursements, if any, in accordance with this Act and for 22 the purpose of paying the ordinary and contingent expenses of 23 the Council. After June 30, 1999, pursuant to appropriation, 24 all moneys in the Drycleaner Environmental Response Trust 25 Fund may be used by the Council for the purpose of making 26 disbursements, if any, in accordance with this Act and for 27 the purpose of paying the ordinary and contingent expenses of 28 the Council. 29 The Fund may be divided into different accounts with 30 different depositories to fulfill the purposes of the Act as 31 determined by the Council. HB0347 Engrossed -2- LRB9203675LBmg 1 Moneys in the Fund at the end of a State fiscal year 2 shall be carried forward to the next fiscal year and shall 3 not revert to the General Revenue Fund. 4 (b) The specific purposes of the Fund include but are 5 not limited to the following: 6 (1) To establish an account to fund remedial action 7 of drycleaning solvent releases from drycleaning 8 facilities as provided by Section 40. 9 (2) To establish an insurance account for insuring 10 environmental risks from releases from drycleaning 11 facilities within this State as provided by Section 45. 12 (c) The State, the General Revenue Fund, and any other 13 Fund of the State, other than the Drycleaner Environmental 14 Response Trust Fund, shall not be liable for a claim or cause 15 of action in connection with a drycleaning facility not owned 16 or operated by the State or an agency of the State. All 17 expenses incurred by the Fund shall be payable solely from 18 the Fund and no liability or obligation shall be imposed upon 19 the State. The State is not liable for a claim presented 20 against the Fund. 21 (d) The liability of the Fund is limited to the extent 22 of coverage provided by the account under which a claim is 23 submitted, subject to the terms and conditions of that 24 coverage. The liability of the Fund is further limited by 25 the moneys made available to the Fund, and no remedy shall be 26 ordered that would require the Fund to exceed its then 27 current funding limitations to satisfy an award or which 28 would restrict the availability of moneys for higher priority 29 sites. 30 (e) Nothing in this Act shall be construed to limit, 31 restrict, or affect the authority and powers of the Agency or 32 another State agency or statute unless the State agency or 33 statute is specifically referenced and the limitation is 34 clearly set forth in this Act. HB0347 Engrossed -3- LRB9203675LBmg 1 (Source: P.A. 90-502, eff. 8-19-97; 91-453, eff. 8-6-99.)