97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB1302

 

Introduced 02/09/11, by Rep. Donald L. Moffitt

 

SYNOPSIS AS INTRODUCED:
 
430 ILCS 30/3  from Ch. 95 l/2, par. 700-3
430 ILCS 50/2.05  from Ch. 127, par. 1252.05
430 ILCS 55/3  from Ch. 127 1/2, par. 1003

    Amends the Illinois Hazardous Materials Transportation Act, the Hazardous Materials Emergency Act, and the Hazardous Material Emergency Response Reimbursement Act. Changes the definition of "hazardous material" to include natural gas, natural gas liquids, and liquefied natural gas.


LRB097 05238 JDS 45288 b

 

 

A BILL FOR

 

HB1302LRB097 05238 JDS 45288 b

1    AN ACT concerning public safety.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Hazardous Materials Transportation
5Act is amended by changing Section 3 as follows:
 
6    (430 ILCS 30/3)  (from Ch. 95 l/2, par. 700-3)
7    Sec. 3. Unless the context otherwise clearly requires, as
8used in this Act:
9    "Commerce" means trade, traffic, commerce or
10transportation within the State;
11    "Department" means the Illinois Department of
12Transportation;
13    "Discharge" means leakage, seepage, or other release;
14    "Hazardous material" means a substance or material in a
15quantity and form determined by the United States Department of
16Transportation to be capable of posing an unreasonable risk to
17health and safety or property when transported in commerce.
18"Hazardous material" also includes natural gas, natural gas
19liquids, and liquefied natural gas;
20    "Knowingly" means a person has actual knowledge of the
21facts giving rise to the violation or a reasonable person
22acting in the circumstances and exercising due care would have
23such knowledge;

 

 

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1    "Law Enforcement Officials" means the Illinois State
2Police or any duly authorized employees of a local governmental
3agency who are primarily responsible for prevention or
4detection of crime and enforcement of the criminal code and the
5highway and traffic laws of this State or any political
6subdivision of such State;
7    "Person" means any natural person or individual,
8governmental body, firm, association, partnership,
9copartnership, joint venture, company, corporation, joint
10stock company, trust, estate or any other legal entity or their
11legal representative, agent or assigns;
12    "Transports" or "transportation" means any movement of
13property over the highway and any loading, unloading or storage
14incidental to such movement.
15(Source: P.A. 90-263, eff. 7-30-97.)
 
16    Section 10. The Hazardous Materials Emergency Act is
17amended by changing Section 2.05 as follows:
 
18    (430 ILCS 50/2.05)  (from Ch. 127, par. 1252.05)
19    Sec. 2.05. "Hazardous material" means a substance or
20material in a quantity and form which may pose an unreasonable
21risk to health and safety or property and which is designated a
22hazardous material pursuant to the "Hazardous Materials
23Transportation Act", (PL 93-633). "Hazardous material" also
24includes natural gas, natural gas liquids, and liquefied

 

 

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1natural gas.
2(Source: P.A. 79-1442.)
 
3    Section 15. The Hazardous Material Emergency Response
4Reimbursement Act is amended by changing Section 3 as follows:
 
5    (430 ILCS 55/3)  (from Ch. 127 1/2, par. 1003)
6    Sec. 3. Definitions. As used in this Act:
7    (a) "Emergency action" means any action taken at or near
8the scene of a hazardous materials emergency incident to
9prevent or minimize harm to human health, to property, or to
10the environments from the unintentional release of a hazardous
11material.
12    (b) "Emergency response agency" means a unit of local
13government, volunteer fire protection organization, or the
14American Red Cross that provides:
15        (1) firefighting services;
16        (2) emergency rescue services;
17        (3) emergency medical services;
18        (4) hazardous materials response teams;
19        (5) civil defense;
20        (6) technical rescue teams; or
21        (7) mass care or assistance to displaced persons.
22    (c) "Responsible party" means a person who:
23        (1) owns or has custody of hazardous material that is
24    involved in an incident requiring emergency action by an

 

 

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1    emergency response agency; or
2        (2) owns or has custody of bulk or non-bulk packaging
3    or a transport vehicle that contains hazardous material
4    that is involved in an incident requiring emergency action
5    by an emergency response agency; and
6        (3) who causes or substantially contributed to the
7    cause of the incident.
8    (d) "Person" means an individual, a corporation, a
9partnership, an unincorporated association, or any unit of
10federal, State or local government.
11    (e) "Annual budget" means the cost to operate an emergency
12response agency excluding personnel costs, which include
13salary, benefits and training expenses; and costs to acquire
14capital equipment including buildings, vehicles and other such
15major capital cost items.
16    (f) "Hazardous material" means a substance or material in a
17quantity and form determined by the United States Department of
18Transportation to be capable of posing an unreasonable risk to
19health and safety or property when transported in commerce.
20"Hazardous material" also includes natural gas, natural gas
21liquids, and liquefied natural gas.
22    (g) "Panel" means administrative panel.
23(Source: P.A. 93-159, eff. 1-1-04; 94-96, eff. 1-1-06.)