Sen. Pamela J. Althoff

Filed: 5/17/2013

 

 


 

 


 
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1
AMENDMENT TO HOUSE BILL 3349

2    AMENDMENT NO. ______. Amend House Bill 3349 by replacing
3everything after the enacting clause with the following:
 
4    "Section 1. Legislative findings. In 1997, Public Act
590-502 established the Drycleaner Environmental Response Trust
6Fund (Trust Fund) in response to requests by operators of
7retail drycleaning facilities to have financial resources
8available to pay for the cleanup of spills and leaks from
9drycleaning machines and solvent storage units.
10    The purpose of the Trust Fund is to pay for the remediation
11of soil and groundwater contamination at both inactive and
12active drycleaner sites, as well as prevent future spills and
13leaks of drycleaning solvent.
14    The Trust Fund consists of three primary programs: a
15licensing program, an insurance program, and a remedial
16program.
17    The Trust Fund is financed by an annual license fee on

 

 

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1active drycleaning facilities; a solvent fee tax charged on
2each gallon of drycleaning solvent purchased; and insurance
3premiums for pollution liability insurance coverage.
4    A private company currently provides third-party
5administrative services for the Trust Fund, including, but not
6limited to: receiving and processing license applications,
7receiving and processing applications for insurance coverage,
8receiving and processing claims, and furnishing other
9accounting and record-keeping services.
10    Over the course of its operation, the Trust Fund has paid
11over $31 million for remedial action and insurance claims.
12    The Trust Fund currently has a backlog of unpaid claims
13totaling $27 million.
14    There are approximately 230 sites that still need to be
15remediated using moneys in the Trust Fund.
16    Under the current system, the Trust Fund's existing funding
17sources will not be sufficient to keep up with projected costs
18and remedial action and insurance claims; thereby increasing
19the potential for drycleaning solvent releases to impact a
20larger number of drinking water supplies and threatening many
21others across the State.
22    The most recent estimate of reimbursement fund balance
23reveals the Trust Fund is projected to have a deficit of $14
24million by its sunset date of January 1, 2020.
25    Most drycleaners are small, independently-owned
26businesses, and if the Trust Fund is not solvent, drycleaners

 

 

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1may not be able to remediate solvent releases in a responsible
2manner.
3    The General Assembly finds that it is necessary to form a
4Task Force to study the resource challenges and implementation
5issues that the Trust Fund currently faces.
 
6    Section 5. The Drycleaner Environmental Response Trust
7Fund Act is amended by adding Section 27 as follows:
 
8    (415 ILCS 135/27 new)
9    Sec. 27. Drycleaner Environmental Response Trust Fund Task
10Force.
11    (a) There is created the Drycleaner Environmental Response
12Trust Fund Task Force ("Task Force"). The Task Force shall
13study the resource challenges and implementation issues that
14the Fund faces and make recommendations for adequately funding
15the Fund and for refining and improving the goals and
16implementation of the Trust Fund program. In conducting the
17study of the Trust Fund program, the Task Force shall consider
18appropriate changes to the existing program, including, but not
19limited to, the following: administration of the program,
20program eligibility, program goals, fee structures,
21administrative expenses, licensing requirements, benefits for
22participation, compliance assurance and continuing education
23standards, and sunset date.
24    (b) The Council shall be composed of the following members:

 

 

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1        (1) Two members appointed by the Speaker of the House,
2    one of whom shall be designated as co-chairperson of the
3    Task Force;
4        (2) Two members appointed by the Minority Leader of the
5    House;
6        (3) Two members appointed by the President of the
7    Senate, one of whom shall be designated as co-chairperson
8    of the Task Force;
9        (4) Two members appointed by the Minority Leader of the
10    Senate;
11        (5) Seven members appointed by the Governor to
12    represent the dry cleaning industry, including two members
13    who represent a statewide dry cleaners' organization,
14    three members who represent regional or major metropolitan
15    dry cleaning associations, and two members representing an
16    in-state wholesale distributor of dry cleaning agents;
17        (6) One person appointed by the Governor to represent
18    the Drycleaner Environmental Response Trust Fund Council;
19    and
20        (7) The Director of the Illinois Environmental
21    Protection Agency, or his or her designee.
22    (c) The members of the Task Force shall serve without
23compensation.
24    (d) The Illinois Environmental Protection Agency shall
25provide administrative support to the Task Force.
26    (e) In making its determinations, the Task Force must hold

 

 

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1at least 3 public meetings in 3 separate metropolitan areas of
2the State.
3    (f) The Task Force shall submit a report of its findings
4and recommendations, which shall include proposed legislation,
5to the Governor and to the General Assembly by no later than
6December 31, 2014.
7    (g) This Section is repealed on January 1, 2016.".