SB1781 EngrossedLRB102 16259 CPF 21641 b


  
1    AN ACT concerning safety.
  
 
2    Be it enacted by the People of the State of Illinois,
 
3represented in the General Assembly:
  



 
 
4    Section 5. The Drycleaner Environmental Response Trust 
5Fund Act is amended  by changing Section 10 as follows:
 


6    (415 ILCS 135/10)




7    Sec. 10. Drycleaner Environmental Response Trust Fund. 

8    (a) The Drycleaner Environmental Response Trust Fund is 
9created as a
special fund in the State Treasury.
Moneys 
10deposited into the Fund shall be used by the Agency
for the 
11purposes of

this Act.
The Fund shall include moneys credited 
12to the Fund under this Act
and other moneys that by law may be 
13credited to the Fund.
The State Treasurer may invest moneys 
14deposited into
the Fund. Interest, income from the

15investments, and other income earned by the Fund shall be 
16credited to and
deposited into the Fund.


17    The Fund may be divided into different accounts with 
18different
depositories to fulfill the purposes of the Act.

19    Moneys in the Fund at the end of a State fiscal year
shall 
20be carried forward to the next fiscal year and shall not revert 
21to
the General Revenue Fund.

22    Notwithstanding any other law to the contrary, the 
23Drycleaner Environmental Response Trust Fund is not subject to 
 
 
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1sweeps, administrative charge-backs, or any other fiscal 
2maneuver that would in any way transfer any amounts from the 
3Drycleaner Environmental Response Trust Fund into any other 
4fund of the State. 
5    (b) The specific purposes of the Fund include, but are not 
6limited to,
the following:

7        (1) To establish an account to fund remedial action of 
8    drycleaning
solvent releases from drycleaning facilities 
9    as provided by
Section 40.

10        (2) To establish an insurance account for insuring 
11    environmental risks
from releases from drycleaning 
12    facilities within this State as
provided by Section 45.

13    (c) The State, the General Revenue Fund, and any other 
14Fund of
the
State, other than the Drycleaner Environmental 
15Response Trust Fund, shall not
be
liable for a claim or cause 
16of action in connection with a drycleaning facility
not owned 
17or operated by the State or an agency of the State.  All 
18expenses
incurred by the Fund shall be payable solely from the 
19Fund and
no liability or obligation shall be imposed upon the 
20State. The State is not
liable for a claim presented against 
21the Fund.

22    (d) The liability of the Fund is limited to the extent of 
23coverage provided
by the account under which a claim is 
24submitted, subject to the terms and
conditions of that 
25coverage.  The liability of the Fund is further limited by
the 
26moneys made available to the Fund, and no remedy shall be 
 
 
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1ordered
that would require the Fund to exceed its then current 
2funding limitations
to satisfy an award or which would 
3restrict the availability of moneys for
higher priority sites.

4    (e) Nothing in this Act shall be construed to limit, 
5restrict, or affect the
authority and powers of the Agency or 
6another State agency or statute unless
the
State agency or 
7statute is specifically referenced and the limitation is

8clearly set forth in this Act.

9    (f) During each fiscal year, the Agency shall limit its 
10administration of the Fund to no more $600,000 in 
11administrative expenses. The limitation in this subsection (f) 
12does not apply to costs incurred by the Agency in:
13        (1) reviewing remedial action under Title XVII of the 
14    Environmental Protection Act; or
15        (2) performing investigative or remedial actions. 
16(Source: P.A. 101-400, eff. 7-1-20.)

 
 
17    Section 99. Effective date. This Act takes effect upon 
18becoming law.