415 ILCS 135/12

(415 ILCS 135/12)

Sec. 12. Transfer of Council functions to the Agency.

(a) On July 1, 2020, the Council is abolished, and, except as otherwise provided in this Act, all powers, duties, rights, and responsibilities of the Council are transferred to the Agency. On and after that date, all of the general powers necessary and convenient to implement and administer this Act are, except as otherwise provided in this Act, hereby vested in and may be exercised by the Agency, including, but not limited to, the powers described in Section 25 of this Act.

(b) No later than June 30, 2020, the Administrator of the Fund shall prepare on behalf of the Council and deliver to the Agency a report that lists:

(1) the name, address, and telephone number of each claimant who timely filed an application for remedial action account benefits by June 30, 2005, and is eligible for reimbursement from the Fund under Section 40 of this Act for costs of remediation of a release of drycleaning solvents from a drycleaning facility;

(2) the address of the drycleaning facility where the release occurred and the names, addresses, and telephone numbers of the owners and operators of the facility, as well as whether the drycleaning facility was an active or inactive drycleaning facility at the time that person applied for remedial action benefits under Section 40 of this Act;

(3) the deductible that applies with respect to the release at the facility and the amount of the deductible that has been satisfied;

(4) the total amount that has been reimbursed from the Fund for the release at the facility;

(5) costs approved for reimbursement from the Fund on or before June 30, 2020, but which have not been reimbursed from the Fund, for the release at the facility;

(6) for each year during which insurance coverage was provided under this Act, the name, address, and telephone number of each person who obtained coverage and the names and addresses of the drycleaning facilities for which that person obtained coverage;

(7) the sites for which site investigations required under subsection (d) of Section 45 have been deemed adequate by the Council;

(8) the insurance claims under Section 45 of this Act that are pending; and

(9) the appeals under this Act that are pending.

(c) No later than June 30, 2020, all books, records, papers, documents, property (real and personal), contracts, causes of action, and pending business pertaining to the powers, duties, rights, and responsibilities transferred by Public Act 101-400 and this amendatory Act of the 101st General Assembly, including, but not limited to, material in electronic or magnetic format and necessary computer hardware and software, shall be transferred to the Agency, regardless of whether they are in the possession of the Council, an independent contractor who serves as Administrator of the Fund, or any other person.

(d) At the direction of the Governor or on July 1, 2020, whichever is earlier, all unexpended appropriations and balances and other funds available for use by the Council, as determined by the Director of the Governor's Office of Management and Budget, shall be transferred for use by the Agency in accordance with this Act, regardless of whether they are in the possession of the Council, an independent contractor who serves as Administrator of the Fund, or any other person. Unexpended balances so transferred shall be expended by the Agency only for the purpose for which the appropriations were originally made.

(e) The transfer of powers, duties, rights, and responsibilities pursuant to Public Act 101-400 and this amendatory Act of the 101st General Assembly does not affect any act done, ratified, or canceled or any right accruing or established or any action or proceeding had or commenced by the Council or the Administrator of the Fund before July 1, 2020; such actions may be prosecuted and continued by the Attorney General.

(f) Whenever reports or notices are required to be made or given or papers or documents furnished or served by any person to or upon the Council or the Administrator of the Fund in connection with any of the powers, duties, rights, or responsibilities transferred by Public Act 101-400 and this amendatory Act of the 101st General Assembly to the Agency, the same shall be made, given, furnished, or served in the same manner to or upon the Agency.

(g) All rules duly adopted by the Council before July 1, 2020 shall become rules of the Board on July 1, 2020. The Agency is authorized to propose to the Board for adoption, and the Board may adopt, amendments to those rules, as well as new rules, for carrying out, administering, and enforcing the provisions of this Act.

(h) In addition to the rules described above, the Board is hereby authorized to adopt rules establishing minimum continuing education and compliance program requirements for owners and operators of active drycleaning facilities. Board rules establishing minimum continuing education requirements shall, among other things, identify the minimum number of continuing education credits that must be obtained and describe the specific subjects to be covered in continuing education programs. Board rules establishing minimum compliance program requirements shall, among other things, identify the type of inspections that must be conducted. The rules adopted by the Board under this subsection (h) may also provide an exemption from continuing education requirements for persons who have, for at least 10 consecutive years on or after January 1, 2009, owned or operated a drying facility licensed under this Act.

(i) For the purposes of the Successor Agency Act and Section 9b of the State Finance Act, the Agency is the successor to the Council beginning July 1, 2020.

(Source: P.A. 101-400, eff. 12-31-19 (See Section 5 of P.A. 101-605 for effective date of P.A. 101-400); 101-605, eff. 12-31-19.)