Bill Text: IL HB3349 | 2013-2014 | 98th General Assembly | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Amends the Drycleaner Environmental Response Trust Fund Act. Provides that, if the coverage of an owner or operator under the insurance account ceases for a reason other than the submittal of a claim on that account or the existence of an emergency or emergency action, then the owner or operator may reenroll in the program of coverage provided through the account by paying an annual premium calculated using the same risk basis as on the date that the owner or operator was last covered under the account. Effective immediately.

Sponsorship: Slight Partisan Bill (Republican 2-1)

Status: (Passed) 2013-08-13 - Public Act . . . . . . . . . 98-0327 [HB3349 Detail]

Download: Illinois-2013-HB3349-Amended.html

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Sen. Pamela J. Althoff

Filed: 5/17/2013

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AMENDMENT TO HOUSE BILL 3349
AMENDMENT NO. ______. Amend House Bill 3349 by replacing
everything after the enacting clause with the following:
"Section 1. Legislative findings. In 1997, Public Act
90-502 established the Drycleaner Environmental Response Trust
Fund (Trust Fund) in response to requests by operators of
retail drycleaning facilities to have financial resources
available to pay for the cleanup of spills and leaks from
drycleaning machines and solvent storage units.
The purpose of the Trust Fund is to pay for the remediation
of soil and groundwater contamination at both inactive and
active drycleaner sites, as well as prevent future spills and
leaks of drycleaning solvent.
The Trust Fund consists of three primary programs: a
licensing program, an insurance program, and a remedial
program.
The Trust Fund is financed by an annual license fee on

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

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

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

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