HB0393 100TH GENERAL ASSEMBLY

LRB100 05577 AWJ 15591 b

100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB0393

Introduced , by Rep. Charles Meier

SYNOPSIS AS INTRODUCED:

65 ILCS 5/11-6-15 new
70 ILCS 705/11n new
430 ILCS 55/5	from Ch. 127 1/2, par. 1005

Amends the Illinois Municipal Code and Fire Protection District Act. Provides that the corporate authorities of municipalities and the boards of trustees of fire protection districts may fix, charge, and collect reasonable fees not exceeding the reasonable cost of services rendered by the municipality or district for emergency action taken in response to a hazardous material emergency incident. Limits charges to a rate not to exceed $250 per hour and not to exceed $70 per hour per firefighter and for reasonable charges to reimburse the municipality or district for extraordinary expenses of materials used in rendering the services. Excludes charges for vehicles, personnel, or equipment that are not actively being used in response to the emergency incident. Amends the Hazardous Material Emergency Response Reimbursement Act making conforming changes. Effective immediately.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning local government.

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

Section 5. The Illinois Municipal Code is amended by adding Section 11-6-15 as follows:

(65 ILCS 5/11-6-15 new)

Sec. 11-6-15. Response to hazardous material emergency incidents.

(a) As used in this Section, "emergency action", "person", and "hazardous material" have the meanings provided to those terms in Section 3 of the Hazardous Material Emergency Response Reimbursement Act.

(b) The corporate authorities of municipalities may fix, charge, and collect reasonable fees not exceeding the reasonable cost of services rendered by a volunteer municipal fire department or a volunteer firefighter of any municipal fire department for emergency action taken in response to a hazardous material emergency incident against all persons for whom services have been rendered.

(c) The fee for the services shall be computed at a rate not to exceed $250 per hour and not to exceed $70 per hour per firefighter responding to a call for assistance. An additional reasonable charge may be levied to reimburse the municipality for extraordinary expenses of materials used in rendering the services. No fee shall be charged for services or expenses in which vehicles, personnel, or equipment are not actively being used in response to the emergency incident.

Section 10. The Fire Protection District Act is amended by adding Section 11n as follows:

(70 ILCS 705/11n new)

Sec. 11n. Response to hazardous material emergency incidents.

(a) As used in this Section, "emergency action", "person", and "hazardous material" have the meanings provided to those terms in Section 3 of the Hazardous Material Emergency Response Reimbursement Act.

(b) The board of trustees of a fire protection district may fix, charge, and collect reasonable fees not exceeding the reasonable cost of services rendered by the district for emergency action taken in response to a hazardous material emergency incident against all persons for whom services have been rendered.

(c) The fee for the services shall be computed at a rate not to exceed $250 per hour and not to exceed $70 per hour per firefighter responding to a call for assistance. An additional reasonable charge may be levied to reimburse the district for extraordinary expenses of materials used in rendering the services. No fee shall be charged for services or expenses in which vehicles, personnel, or equipment are not actively being used in response to the emergency incident.

Section 15. The Hazardous Material Emergency Response Reimbursement Act is amended by changing Section 5 as follows:

(430 ILCS 55/5) (from Ch. 127 1/2, par. 1005)

Sec. 5. Reimbursement to agencies.

(a) It shall be the duty of the responsible party to reimburse, within 60 days after the receipt of a bill for the hazardous material emergency incident, the emergency response agencies responding to a hazardous material emergency incident, and any private contractor responding to the incident at the request of an emergency response agency, for the costs incurred in the course of providing emergency action. The corporate authorities of municipalities and the boards of trustees of fire protection districts shall bill for all emergency response services and expenses in accordance with Section 11-6-15 of the Illinois Municipal Code and Section 11n of the Fire Protection District Act.

(b) In the event that the emergency response agencies are not reimbursed by a responsible party as required under subsection (a), monies in the Fund, subject to appropriation, shall be used to reimburse the emergency response agencies providing emergency action at or near the scene of a hazardous materials emergency incident subject to the following limitations:

(1) Cost recovery from the Fund is limited to replacement of expended materials including, but not limited to, specialized firefighting foam, damaged hose or other reasonable and necessary supplies.

(2) The applicable cost of supplies must exceed 2% of the emergency response agency's annual budget.

(3) A minimum of $500 must have been expended.

(4) A maximum of $10,000 may be requested per incident.

(5) The response was made to an incident involving hazardous materials facilities such as rolling stock which are not in a terminal and which are not included on the property tax roles for the jurisdiction where the incident occurred.

(c) Application for reimbursement from the Fund shall be made to the State Fire Marshal or his designee. The State Fire Marshal shall, through rulemaking, promulgate a standard form for such application. The State Fire Marshal shall adopt rules for the administration of this Act.

(d) Claims against the Fund shall be reviewed by the Illinois Fire Advisory Commission at its normally scheduled meetings, as the claims are received. The Commission shall be responsible for:

(1) reviewing claims made against the Fund and determining reasonable and necessary expenses to be reimbursed for an emergency response agency:

(2) affirming that the emergency response agency has made a reasonable effort to recover expended costs from involved parties; and

(3) advising the State Fire Marshal as to those claims against the Fund which merit reimbursement.

(e) The State Fire Marshal shall either accept or reject the Commission's recommendations as to a claim's eligibility. The eligibility decision of the State Fire Marshal shall be a final administrative decision, and may be reviewed as provided under the Administrative Review Law.

(Source: P.A. 98-692, eff. 7-1-14.)

Section 99. Effective date. This Act takes effect upon becoming law.