Full Text of SB1781 102nd General Assembly
SB1781 102ND GENERAL ASSEMBLY
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
Introduced 2/26/2021, by Sen. Laura M. Murphy
SYNOPSIS AS INTRODUCED:
Amends the Drycleaner Environmental Response Trust Fund Act. Provides
that, notwithstanding any other law to the contrary, the Drycleaner
Environmental Response Trust Fund is not subject to sweeps, administrative
charge-backs, or any other fiscal maneuver that would in any way transfer
any amounts from the Drycleaner Environmental Response Trust Fund into any
other fund of the State. Effective immediately.
A BILL FOR
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AN ACT concerning safety.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
The Drycleaner Environmental Response Trust
Fund Act is amended by changing Sections 10 as follows:
(415 ILCS 135/10)
Drycleaner Environmental Response Trust Fund.
(a) The Drycleaner Environmental Response Trust Fund is
created as a
special fund in the State Treasury.
deposited into the Fund shall be used by the Agency
The Fund shall include moneys credited
to the Fund under this Act
and other moneys that by law may be
credited to the Fund.
The State Treasurer may invest moneys
the Fund. Interest, income from the
investments, and other income earned by the Fund shall be
credited to and
deposited into the Fund.
The Fund may be divided into different accounts with
depositories to fulfill the purposes of the Act.
Moneys in the Fund at the end of a State fiscal year
be carried forward to the next fiscal year and shall not revert
the General Revenue Fund.
Notwithstanding any other law to the contrary, the
Drycleaner Environmental Response Trust Fund is not subject to
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sweeps, administrative charge-backs, or any other fiscal
maneuver that would in any way transfer any amounts from the
Drycleaner Environmental Response Trust Fund into any other
fund of the State.
(b) The specific purposes of the Fund include, but are not
(1) To establish an account to fund remedial action of
solvent releases from drycleaning facilities
as provided by
(2) To establish an insurance account for insuring
from releases from drycleaning
facilities within this State as
provided by Section 45.
(c) The State, the General Revenue Fund, and any other
State, other than the Drycleaner Environmental
Response Trust Fund, shall not
liable for a claim or cause
of action in connection with a drycleaning facility
or operated by the State or an agency of the State. All
incurred by the Fund shall be payable solely from the
no liability or obligation shall be imposed upon the
State. The State is not
liable for a claim presented against
(d) The liability of the Fund is limited to the extent of
by the account under which a claim is
submitted, subject to the terms and
conditions of that
coverage. The liability of the Fund is further limited by
moneys made available to the Fund, and no remedy shall be
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that would require the Fund to exceed its then current
to satisfy an award or which would
restrict the availability of moneys for
higher priority sites.
(e) Nothing in this Act shall be construed to limit,
restrict, or affect the
authority and powers of the Agency or
another State agency or statute unless
State agency or
statute is specifically referenced and the limitation is
clearly set forth in this Act.
(f) During each fiscal year, the Agency shall limit its
administration of the Fund to no more $600,000 in
administrative expenses. The limitation in this subsection (f)
does not apply to costs incurred by the Agency in:
(1) reviewing remedial action under Title XVII of the
Environmental Protection Act; or
(2) performing investigative or remedial actions.
(Source: P.A. 101-400, eff. 7-1-20
This Act takes effect upon