|Public Act 095-0403
||LRB095 04509 CMK 24562 b
AN ACT concerning safety.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
The Environmental Protection Act is amended by
adding Section 57.8a as follows:
(415 ILCS 5/57.8a new)
Assignment of payments from the Underground
Storage Tank Fund.
(a) If the Agency has formed a priority list for payment
under Section 57.8(a)(3) of this Act, an owner or operator on
the priority list may assign to any bank, financial
institution, lender, or other person that provides factoring or
financing to an owner or operator or to a consultant of an
owner or operator a full approved payment amount on the
priority list for which the owner or operator is awaiting
payment. The assignment must be made on an approved
payment-by-approved payment basis and must be made on forms
prescribed by the Agency. No assignment under this Section
prevents or affects the right of the State Comptroller to make
the deductions and off-sets provided in Section 10.05 of the
State Comptroller Act.
(b) The making of an assignment under this Section shall
not affect an owner's or operator's right to appeal an Agency
decision as provided in this Title. No assignee shall have a
right to appeal an Agency decision as provided in this Title.
(c) An owner's or operator's assignment under this Section
is irrevocable and may be made to only one assignee. The State
shall pay the assigned amount, subject to right of the State
Comptroller to make the deductions and off-sets provided in
Section 10.05 of the State Comptroller Act, to this one
assignee only and shall not pay the assigned amount to any
subsequent assignee of the one assignee.
(d) The State and its officers and employees are discharged
of all liability upon payment of the assigned amount to the
assignee. The assignor and assignee shall hold harmless and
indemnify the State and its officers and employees from all
claims, actions, suits, complaints, and liabilities related to
(e) An assignee may use funds received for any purpose
including, without limitation, paying principal, interest, or
other costs due on any financing made by the assignee. To the
extent an owner or operator incurs costs associated with making
an assignment under this Section, the owner or operator may not
seek reimbursement of those costs from the Fund.
This Act takes effect upon