(430 ILCS 55/1)

(from Ch. 127 1/2, par. 1001)

Sec. 1.

Title.

This Act may be cited as the

Hazardous Material Emergency Response Reimbursement Act.

(Source: P.A. 86‑972.)

(430 ILCS 55/2)

(from Ch. 127 1/2, par. 1002)

Sec. 2.

Intent.

The General Assembly finds that the emergency response in all communities that respond to emergency incidents, particularly transportation related, may result in the community incurring expenses that cannot be readily absorbed without financial assistance. While responsible parties frequently reimburse responders for expended supplies and other costs incurred in response actions, it may require long periods of time to determine liability and costly litigation to recover costs incurred. During these time delays, communities may not be financially capable of replacing supplies, leaving the community unprotected in case of other incidents. Therefore; it is the intent of the General Assembly to establish the Hazardous Material Emergency Reimbursement Fund to alleviate the financial hardships imposed upon any community that responds to emergency incidents involving hazardous materials.

(Source: P.A. 90‑467, eff. 8‑17‑97.)

(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.

(g) "Panel" means administrative panel.

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

(430 ILCS 55/4)

(from Ch. 127 1/2, par. 1004)

Sec. 4.

Establishment.

The Emergency Response Reimbursement Fund in the State Treasury, hereinafter called the Fund, is hereby created. Appropriations shall be made from the general revenue fund to the Fund. Monies in the Fund shall be used as provided in this Act.

(Source: P.A. 86‑972.)

(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.

(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 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.

(Source: P.A. 93‑989, eff. 1‑1‑05.)

430 ILCS 55/6

(430 ILCS 55/6)

(from Ch. 127 1/2, par. 1006)

Sec. 6.

Reimbursement to the Fund.

The responsible party shall reimburse the Fund for money provided to emergency response agencies.

(a) A voluntary contribution to the Fund or directly to an emergency response agency or private contractor does not constitute an admission of responsibility relative to this Act or to any other State or federal laws or regulations.

(b) If no party to the incident provides reimbursement to the emergency responder or to the Fund, the Attorney General may, at the request of the State Fire Marshal, institute a civil action to recover costs.

(c) In the event that the emergency response agency receives payment from any responsible party or the federal government, the emergency response agency shall pay into the Fund an amount equal to any reimbursement received from the Fund for that incident.

(Source: P.A. 86‑972; 87‑309.)

(430 ILCS 55/7)

(from Ch. 127 1/2, par. 1007)

Sec. 7.

Administrative panel.

(a) An administrative panel, consisting of 7 members, shall be formed by the State Fire Marshal. Members shall serve without compensation but shall be reimbursed from the Fund for their reasonable expenses incurred in the performance of their duties under this Act. The State Fire Marshal or his designee shall serve as chairman of the panel for an indeterminate term of years. The chairman shall appoint 6 members to the panel who shall serve for a term of not more than 2 years. The appointed members shall consist of:

(1) Two members who are representatives from emergency response agencies;

(2) Three members who are representatives from industry, including but not limited to, the areas of industry such as manufacturing, transportation and bulk storage terminal facilities dealing in hazardous materials; and

(3) One member not affiliated or associated with emergency response agencies or industry.

(b) The panel shall meet at quarterly intervals each year. The chairman, at his discretion, may schedule additional meetings to meet the needs of the panel.

(c) The panel shall be responsible for:

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

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

(d) Final decisions of the panel may be reviewed in accordance with the Administrative Review Law, as now or hereafter amended.

(Source: P.A. 86‑972.)