SB0282 96TH GENERAL ASSEMBLY

LRB096 03428 ASK 13452 b

96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
SB0282

Introduced 2/6/2009, by Sen. John O. Jones

SYNOPSIS AS INTRODUCED:

225 ILCS 720/3.07

from Ch. 96 1/2, par. 7903.07

Amends the Surface Coal Mining Land Conservation and Reclamation Act. Provides that in the case of mined lands that are reclaimed and put back in agricultural production upon completion of mining activities, mine operators must reimburse landowners and tenants for any real production losses and increases in cost of federal crop insurance due to the subsidence. Sets out requirements for landowners and tenants in order to prove production losses warranting reimbursement. Effective January 1, 2010.

A BILL FOR

AN ACT concerning mining.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Surface Coal Mining Land Conservation and Reclamation Act is amended by changing Section 3.07 as follows:

(225 ILCS 720/3.07) (from Ch. 96 1/2, par. 7903.07)

Sec. 3.07. Prime Farmlands and High Capability Lands.

(a) For all prime farmlands to be mined and reclaimed, the operator shall, as a minimum, (1) segregate the A horizon of the natural soil, except where it can be shown that other available soil materials will create a final soil having a greater productive capacity, and if not used immediately, stockpile this material separately from other spoil, and provide needed protection from wind and water erosion or contamination by other acid or toxic material; (2) segregate the B horizon of the natural soil, or underlying C horizons or other strata, or a combination of such horizons or other strata that are shown to be both texturally and chemically suitable for plant growth and that can be shown to be equally or more favorable for plant growth than the B horizon, in sufficient quantities to create in the regarded final soil a root zone of comparable depth and quality to that which existed in the natural soil, and if not used immediately, stockpile this material separately from other spoil, and provide needed protection from wind and water erosion or contamination by other acid or toxic material; (3) replace and regrade the root zone material described in (2) above with proper compaction and uniform depth over the regraded spoil material; and (4) redistribute and grade in a uniform manner the surface soil horizon described in subparagraph (1) above.

(b) For all high capability lands to be mined and reclaimed, all or part of the darkened surface soil shall be segregated and replaced as a final cover as a last step in the required grading. When available in such depth, at least 18 inches of the darkened surface soil shall be segregated and replaced. In no case under this subsection shall less than the top 8 inches of surface soil, darkened or not, be segregated or replaced. This segregation and replacement requirement may be altered by the Department only if it is determined on the advice of competent soil scientists that other material available in the cast overburden would be suitable in meeting the reclamation requirements. Below the darkened surface soil, the replaced material shall be suitable as an agricultural root medium. The Department shall determine by rule what constitutes a suitable agricultural root medium by composition and depth. This Section does not apply to any land which is subject to a reclamation plan approved under "The Surface-Mined Land Conservation and Reclamation Act", approved September 17, 1971, as amended, as in effect on June 30, 1979, or to high capability lands affected by mining operations prior to July 1, 1975.

(c) In the case of mined lands that are reclaimed and put back in agricultural production upon completion of mining activities, mine operators must reimburse landowners and tenants for any real production losses and increases in cost of federal crop insurance due to the subsidence.

Production losses must be determined by using Actual Production History (APH) as required for federal crop insurance to determine actual bushels per acre yield information. APH requires records for a minimum of 4 years for each property impacted. Information used to prove crop yields includes sale receipts, farm or commercial storage records, and feed consumption records. The records must be for continuous years, starting with the most recent year and continuing back in time. Landowner and tenants are required to provide this documentation to the mine operator to set the proven productivity of the property prior to mine subsidence.

The landowner or tenant must then demonstrate production losses using the same APH method for post mine subsidence production. At the end of the 4 years, if APH values demonstrate production losses, then the mine operator must compensate the landowner and tenant at current grain market values as of January 1 of each calendar year. Compensation for increased cost of federal crop insurance as a direct result of mine subsidence or productivity loss due to mine subsidence must be determined by comparing premiums on identical policies for properties not impacted by mine subsidence in the same county as the property impacted by the mining activities. If there is an increase in premium as a result of the mine subsidence or mining activities, then any difference in cost must be paid to the landowner and tenant by the mine operator.

(d) (c) The term "prime farmland" has the same meaning it has under the Federal Act. Soil horizons shall be defined by the Department by rule. Such rules shall be consistent with the Federal Act.

(e) (d) The term "high capability land" means land other than prime farmland which the Director determines is (1) capable of being reclaimed for row-crop agricultural purposes and is suitable for row-crop agricultural purposes based on United States Soil Conservation Service soil survey classifications of the affected land prior to mining, and (2) the optimum future use of which is for row-crop agricultural purposes.

(f) (e) The term "darkened surface soil" shall be defined by the Department by rule.

(g) (f) The requirements of this Section are in addition to the other requirements of this Act.

(Source: P.A. 81-1015.)

Section 99. Effective date. This Act takes effect January 1, 2010.