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.