HB1302 97TH GENERAL ASSEMBLY

LRB097 05238 JDS 45288 b

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.

A BILL FOR

AN ACT concerning public safety.

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

Section 5. The Illinois Hazardous Materials Transportation Act is amended by changing Section 3 as follows:

(430 ILCS 30/3) (from Ch. 95 l/2, par. 700-3)

Sec. 3. Unless the context otherwise clearly requires, as used in this Act:

"Commerce" means trade, traffic, commerce or transportation within the State;

"Department" means the Illinois Department of Transportation;

"Discharge" means leakage, seepage, or other release;

"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. "Hazardous material" also includes natural gas, natural gas liquids, and liquefied natural gas;

"Knowingly" means a person has actual knowledge of the facts giving rise to the violation or a reasonable person acting in the circumstances and exercising due care would have such knowledge;

"Law Enforcement Officials" means the Illinois State Police or any duly authorized employees of a local governmental agency who are primarily responsible for prevention or detection of crime and enforcement of the criminal code and the highway and traffic laws of this State or any political subdivision of such State;

"Person" means any natural person or individual, governmental body, firm, association, partnership, copartnership, joint venture, company, corporation, joint stock company, trust, estate or any other legal entity or their legal representative, agent or assigns;

"Transports" or "transportation" means any movement of property over the highway and any loading, unloading or storage incidental to such movement.

(Source: P.A. 90-263, eff. 7-30-97.)

Section 10. The Hazardous Materials Emergency Act is amended by changing Section 2.05 as follows:

(430 ILCS 50/2.05) (from Ch. 127, par. 1252.05)

Sec. 2.05. "Hazardous material" means a substance or material in a quantity and form which may pose an unreasonable risk to health and safety or property and which is designated a hazardous material pursuant to the "Hazardous Materials Transportation Act", (PL 93-633). "Hazardous material" also includes natural gas, natural gas liquids, and liquefied natural gas.

(Source: P.A. 79-1442.)

Section 15. 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, 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;

(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. "Hazardous material" also includes natural gas, natural gas liquids, and liquefied natural gas.

(g) "Panel" means administrative panel.

(Source: P.A. 93-159, eff. 1-1-04; 94-96, eff. 1-1-06.)