Public Act 094-0096
 		





HB0729 Enrolled
LRB094 07409 RXD 37571 b






    AN ACT concerning safety.

 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:


 
    Section 5. The Hazardous Material Emergency Response 
Reimbursement Act is amended  by changing Section 3 as follows:
 



    (430 ILCS 55/3)  (from Ch. 127 1/2, par. 1003)



    Sec. 3. Definitions. As used in this Act:

    (a) "Emergency action" means any action taken at or near 
the scene of a
hazardous materials emergency incident to 
prevent or minimize harm to human
health, to property, or to 
the environments from the unintentional release
of a hazardous 
material.

    (b) "Emergency response agency" means a unit of local

government,
or volunteer fire protection organization, or  the 
American Red Cross that provides:


        (1) firefighting services;


        (2) emergency rescue services;


        (3) emergency medical services;


        (4) hazardous materials response teams;


        (5) civil defense; or


        (6) technical rescue teams; or  .

        (7) mass care or assistance to displaced persons.


    (c) "Responsible party" means a person who:


        (1) owns or has custody of hazardous material that is 
    involved in an
incident requiring emergency action by an 
    emergency response agency; or


        (2) owns or has custody of bulk or non-bulk packaging 
    or a transport
vehicle that contains hazardous material 
    that is involved in an incident
requiring emergency action 
    by an emergency response agency; and


        (3) who causes or substantially contributed to the 
    cause of the incident.

    (d) "Person" means an individual, a corporation, a 
partnership, an
unincorporated association, or any unit of 
federal, State or local government.

    (e) "Annual budget" means the cost to operate an emergency 
response
agency excluding personnel costs, which include 
salary, benefits and
training expenses; and costs to acquire 
capital equipment including
buildings, vehicles and other such 
major capital cost items.

    (f) "Hazardous material" means a substance or material in a 
quantity and
form determined by the United States Department of 
Transportation to be
capable of posing an unreasonable risk to 
health and safety or property
when transported in commerce.

    (g) "Panel" means administrative panel.

(Source: P.A. 93-159, eff. 1-1-04.)





Effective Date:  1/1/2006