Full Text of SB2959 97th General Assembly
SB2959eng 97TH GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning safety.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Hazardous Material Emergency Response | 5 | | Reimbursement Act is amended by changing Sections 3 and 5 as | 6 | | follows:
| 7 | | (430 ILCS 55/3) (from Ch. 127 1/2, par. 1003)
| 8 | | Sec. 3. Definitions. As used in this Act:
| 9 | | (a) "Emergency action" means any action taken at or near | 10 | | the scene of a
hazardous materials emergency incident to | 11 | | prevent or minimize harm to human
health, to property, or to | 12 | | the environments from the unintentional release
of a hazardous | 13 | | material.
| 14 | | (b) "Emergency response agency" means a unit of local
| 15 | | government, volunteer fire protection organization, or the | 16 | | American Red Cross that provides:
| 17 | | (1) firefighting services;
| 18 | | (2) emergency rescue services;
| 19 | | (3) emergency medical services;
| 20 | | (4) hazardous materials response teams;
| 21 | | (5) civil defense;
| 22 | | (6) technical rescue teams; or
| 23 | | (7) mass care or assistance to displaced persons.
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| 1 | | (c) "Responsible party" means a person who:
| 2 | | (1) owns or has custody of hazardous material that is | 3 | | involved in an
incident requiring emergency action by an | 4 | | emergency response agency; or
| 5 | | (2) owns or has custody of bulk or non-bulk packaging | 6 | | or a transport
vehicle that contains hazardous material | 7 | | that is involved in an incident
requiring emergency action | 8 | | by an emergency response agency; and
| 9 | | (3) who causes or substantially contributed to the | 10 | | cause of the incident.
| 11 | | (d) "Person" means an individual, a corporation, a | 12 | | partnership, an
unincorporated association, or any unit of | 13 | | federal, State or local government.
| 14 | | (e) "Annual budget" means the cost to operate an emergency | 15 | | response
agency excluding personnel costs, which include | 16 | | salary, benefits and
training expenses; and costs to acquire | 17 | | capital equipment including
buildings, vehicles and other such | 18 | | major capital cost items.
| 19 | | (f) "Hazardous material" means a substance or material in a | 20 | | quantity and
form determined by the United States Department of | 21 | | Transportation to be
capable of posing an unreasonable risk to | 22 | | health and safety or property
when transported in commerce.
| 23 | | (g) "Panel" means administrative panel.
| 24 | | (Source: P.A. 93-159, eff. 1-1-04; 94-96, eff. 1-1-06.)
| 25 | | (430 ILCS 55/5) (from Ch. 127 1/2, par. 1005)
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| 1 | | Sec. 5. Reimbursement to agencies.
| 2 | | (a) It shall be the duty of the responsible party to | 3 | | reimburse, within 60 days after the receipt of a bill for the | 4 | | hazardous material emergency incident, the emergency response | 5 | | agencies responding to
a hazardous material emergency | 6 | | incident, and any private contractor
responding to the incident | 7 | | at the request of an emergency response agency,
for the costs | 8 | | incurred in the course of providing emergency action.
| 9 | | (b) In the event that the emergency response agencies are | 10 | | not reimbursed
by a responsible party as required under | 11 | | subsection (a), monies in the Fund
shall be used to reimburse | 12 | | the emergency response agencies
providing emergency action at | 13 | | or near the scene of a hazardous materials
emergency incident | 14 | | subject to the following limitations:
| 15 | | (1) Cost recovery from the Fund is limited to | 16 | | replacement of expended
materials including, but not | 17 | | limited to, specialized firefighting
foam, damaged hose or | 18 | | other reasonable and necessary supplies.
| 19 | | (2) The applicable cost of supplies must exceed 2% of | 20 | | the
emergency response agency's annual budget.
| 21 | | (3) A minimum of $500 must have been expended.
| 22 | | (4) A maximum of $10,000 may be requested per incident.
| 23 | | (5) The response was made to an incident involving | 24 | | hazardous materials
facilities such as rolling stock which | 25 | | are not in a terminal and which are
not included on the | 26 | | property tax roles for the jurisdiction where the
incident |
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| 1 | | occurred.
| 2 | | (c) Application for reimbursement from the Fund shall be
| 3 | | made to the State Fire Marshal or his designee. The State Fire | 4 | | Marshal
shall, through rulemaking, promulgate a standard form | 5 | | for such application.
The State Fire Marshal shall adopt rules | 6 | | for the administration of
this Act.
| 7 | | (d) Claims against the Fund shall be reviewed by the | 8 | | Illinois Fire Advisory Commission at its normally scheduled | 9 | | meetings, as the claims are received. The Commission
shall be | 10 | | responsible for: | 11 | | (1) reviewing claims made against the Fund and | 12 | | determining reasonable and necessary expenses to be | 13 | | reimbursed for an emergency response agency; | 14 | | (2) affirming that the emergency response agency has | 15 | | made a reasonable effort to recover expended costs from | 16 | | involved parties; and | 17 | | (3) advising the State Fire Marshal as to those claims | 18 | | against the fund which merit reimbursement. | 19 | | (e) The State Fire Marshal shall either accept or reject | 20 | | the Commission's recommendations as to a claim's eligibility. | 21 | | Any person aggrieved by the State Fire Marshal's eligibility | 22 | | decision may, within 10 days after receiving notice of the | 23 | | decision, appeal the decision to the State Fire Marshal. | 24 | | (Source: P.A. 93-989, eff. 1-1-05.)
| 25 | | (430 ILCS 55/7 rep.)
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| 1 | | Section 10. The Hazardous Material Emergency Response | 2 | | Reimbursement Act is amended by repealing Section 7.
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