HB5689 EngrossedLRB100 16593 SMS 31727 b

1    AN ACT concerning regulation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Civil Administrative Code of Illinois is
5amended by changing Section 5-155 as follows:
 
6    (20 ILCS 5/5-155)  (was 20 ILCS 5/5.04)
7    Sec. 5-155. In the Office of Mines and Minerals of the
8Department of Natural Resources. In the Office of Mines and
9Minerals of the Department of Natural Resources, there shall be
10a State Mining Board, which shall consist of 6 officers
11designated as mine officers and the Director of the Office of
12Mines and Minerals. Three officers shall be representatives of
13the employing class and 3 of the employee class. The 6 mine
14officers shall be qualified as follows:
15        (1) Two mine officers from the employing class shall
16    have at least 4 years' years experience in a supervisory
17    capacity in an underground coal mine and each shall hold a
18    certificate of competency as an Illinois a mine examiner or
19    Illinois mine manager.
20        (2) The third mine officer from the employing class
21    shall have at least 4 years' years experience in a
22    supervisory capacity in a surface coal mine.
23        (3) Two mine officers from the employee class shall be

 

 

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1    representatives of a labor organization recognized under
2    the National Labor Relations Act representing coal miners,
3    have 4 years' years experience in an underground coal mine,
4    and shall hold certificates a first class certificate of
5    competency as an Illinois mine examiner.
6        (4) The third mine officer from the employee class
7    shall be a representative of a labor organization
8    recognized under the National Labor Relations Act
9    representing coal miners and have at least 4 years' years
10    experience in a surface coal mine.
11    This amendatory Act of the 100th General Assembly does not
12affect the terms of mine officers of the State Mining Board
13holding office on the effective date of this amendatory Act of
14the 100th General Assembly.
15(Source: P.A. 91-239, eff. 1-1-00.)
 
16    Section 10. The Coal Mining Act is amended by changing
17Sections 8.02, 8.03, 11.08, and 11.09 as follows:
 
18    (225 ILCS 705/8.02)  (from Ch. 96 1/2, par. 802)
19    Sec. 8.02. There is created in the Department of Natural
20Resources, Office of Mines and Minerals, a Miners' Examining
21Board which shall consist of four miners' examining officers to
22be appointed by the Governor, for a term of 2 years and until
23their successors are appointed and qualified. Terms of office
24shall commence on the third Monday in January in each

 

 

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1odd-numbered year. Three of such officers shall constitute a
2quorum.
3    This amendatory Act of the 100th General Assembly
4amendatory Act of 1995 does not affect the terms of members of
5the Miners' Examining Board holding office on the effective
6date of this amendatory Act of the 100th General Assembly
7amendatory Act of 1995.
8    A complete record of the proceedings and acts of the
9Miners' Examining Board shall be kept and preserved. Said
10officers shall hold no other lucrative office or employment
11under the government of the United States, State of Illinois,
12or any political division thereof or any municipal corporation
13therein and each such officer before entering upon the duties
14of his office shall subscribe and take the oath prescribed by
15the Constitution of this State, and shall before entering upon
16the duties of his office give a bond with sufficient surety to
17be approved by the Governor, payable to the People of the State
18of Illinois in the penal sum of $5,000, conditioned for the
19faithful discharge of the duties of office and the delivery of
20all records, books, moneys, and other property pertaining to
21his successor in office, which said bond shall be deposited in
22the office of the Secretary of State. Vacancies shall be filled
23by appointment as provided herein for the balance of the
24unexpired term.
25(Source: P.A. 89-445, eff. 2-7-96.)
 

 

 

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1    (225 ILCS 705/8.03)  (from Ch. 96 1/2, par. 803)
2    Sec. 8.03. No person shall be appointed to the Miners'
3Examining Board who has not had at least 5 years' practical and
4continuous experience as an underground a coal miner. The
5members of the Miners' Examining Board shall hold certificates
6of competency as an Illinois mine examiner. Two of the members
7shall each be , and who has not been actually engaged in coal
8mining as a miner in the State of Illinois continuously for 12
9months next preceding his appointment; except that a miners'
10examining officer may be appointed to succeed himself. Two of
11the members of the Miners' Examining Board shall be
12representatives of a labor organization recognized under the
13National Labor Relations Act representing coal miners. Two of
14the members of the Miners' Examining Board shall be from the
15employing class.
16(Source: Laws 1953, p. 701.)
 
17    (225 ILCS 705/11.08)
18    Sec. 11.08. Self-contained self-rescuer (SCSR) devices;
19caches; strobe lights; luminescent signs.
20    (a) An operator must require each person underground to
21carry a SCSR device on his or her person or, alternatively, a
22SCSR device must be kept within 25 feet of the person
23underground or may be kept more than 25 feet from the person
24underground if done according to a plan approved by the Mining
25Board.

 

 

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1    (b) An operator must provide for each person who is
2underground at least one SCSR device, in addition to the device
3required under subsection (a), that provides protection for a
4period of one hour or longer, to cover all persons in the mine.
5This additional SCSR device must be kept within 25 feet of the
6person underground or may be kept more than 25 feet from the
7person underground if done according to a plan approved by the
8Mining Board.
9    (c) If a mantrip or mobile equipment is used to enter or
10exit the mine, additional SCSR devices, each of which must
11provide protection for a period of one hour or longer, must be
12available for all persons who use such transportation from
13portal to portal.
14    (c-5) In Beginning July 31, 2007, in addition to the SCSR
15devices required under subsections (a), (b), and (c) of this
16Section, an operator must provide caches of additional SCSR
17devices along the mine's primary and secondary escape ways.
18Each cache shall have a minimum of one SCSR device for every
19person who will be inby the cache of 30 SCSR devices in each
20cache located within a mine. All SCSR devices required under
21this subsection (c-5) shall be stored in caches that are
22conspicuous and readily accessible by each person in the mine.
23Cache locations shall be spaced along each escape way at a 30
24minute travel distance. This 30 minute travel distance will be
25established based on a walk study utilizing the guidelines and
26procedures approved by the Mining Board. An operator may

 

 

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1choose, in lieu of a walk study, to utilize the following for
2cache distances. If the average seam height of a mine is:
3        (1) less than 40 inches, caches must be located no more
4    than 2,200 feet apart throughout a mine;
5        (2) 40 inches or more, but less than 51 inches, caches
6    must be located no more than 3,300 feet apart throughout a
7    mine;
8        (3) 51 inches or more, but less than 66 inches, caches
9    must be located no more than 4,400 feet apart throughout a
10    mine; and
11        (4) 66 inches or more, caches must be located no more
12    than 5,700 feet apart throughout a mine.
13    An operator must submit for approval a plan addressing the
14requirements of this subsection (c-5) to the Mining Board if
15the operator chooses to conduct a walk study to establish cache
16distances on or before May 1, 2007.
17    (d) The Mining Board must require all operators to provide
18additional SCSR devices in the primary and alternate escapeways
19to ensure safe evacuation if the Mining Board determines that
20the SCSR devices required under subsections (a), (b), (c), and
21(c-5) are not adequate to provide enough oxygen for all persons
22to safely evacuate the mine under mine emergency conditions for
23all persons underground through both primary and alternate
24escapeways. The Mining Board must determine the time needed for
25safe evacuation under emergency conditions from each of those
26locations at 1,000 foot intervals. If the Mining Board

 

 

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1determines that additional SCSR devices are needed under this
2subsection (d), the mine operator must submit a SCSR storage
3plan to the Mining Board for approval. The mine operator must
4include in the SCSR storage plan the location, quantity, and
5type of additional SCSR devices, including, but not limited to,
6SCSR devices required under subsections (a), (b), (c), and
7(c-5) of this Section, each of which must provide protection
8for a period of one hour or longer, that are stored in the
9primary and alternate escapeways. The SCSR storage plan must
10also show how each storage location in the primary and
11alternate escapeways was determined. The Mining Board must
12require the mine operator to demonstrate that the location,
13quantity, and type of the additional SCSRs provide protection
14to all persons to safely evacuate the mine. The SCSR storage
15plan must be kept current by the mine operator and made
16available for inspection by an authorized representative of the
17Mining Board and by the miners' representative.
18    (e) (Blank).
19    (f) An operator must provide luminescent direction signs
20leading to each cache and rescue chamber in a mine, and a
21luminescent sign with the word "SELF-RESCUER" or
22"SELF-RESCUERS" must be conspicuously posted at each cache and
23rescue chamber.
24    (g) Intrinsically safe, battery-powered strobe lights that
25have been approved by the Department must be affixed to each
26cache and rescue chamber and must be capable of automatic

 

 

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1activation in the event of an emergency; however, until such
2time as the Department approves intrinsically safe,
3battery-powered strobe lights, reflective tape or any other
4illuminated material approved by the Department must be affixed
5to each cache and rescue chamber in a mine.
6    (h) An operator must implement The Mining Board must adopt
7and impose a plan for the daily inspection of SCSR devices
8required under subsections (a), (b), and (c) of this Section in
9order to ensure that the devices perform their designated
10functions each working day. Additional SCSR devices required
11under subsections (c-5) and (d) must be inspected every 90 days
12to ensure that the devices perform their designated functions,
13in addition to meeting all federal Mine Safety and Health
14Administration requirements.
15    (i) Any person who, without the authorization of the
16operator or the Mining Board, knowingly removes or attempts to
17remove any self-contained self-rescue device, battery-powered
18strobe light, reflective tape, or any other illuminated
19material approved by the Department from a mine or mine site
20with the intent to permanently deprive the operator of the
21device, light, reflective tape, or illuminated material or who
22knowingly tampers with or attempts to tamper with the device,
23light, reflective tape, or illuminated material is guilty of a
24Class 4 felony.
25    (j) (Blank).
26    (k) (Blank).

 

 

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1(Source: P.A. 94-1041, eff. 7-24-06; 94-1101, eff. 2-9-07.)
 
2    (225 ILCS 705/11.09)
3    Sec. 11.09. Rescue chambers.
4    (a) Rescue chambers must be provided and located within
53,000 feet of each working section of a mine, in accordance
6with a plan submitted by an operator and approved by the Mining
7Board.
8    (a-5) Outby rescue chambers must be provided at distances
9and locations in the mine's emergency response plan and
10approved by the Mining Board.
11    (b) An operator must submit a plan for approval concerning
12the construction and maintenance of rescue chambers required
13under this Section to the Mining Board on or before May 1,
142007.
15(Source: P.A. 94-1041, eff. 7-24-06; 94-1101, eff. 2-9-07.)
 
16    Section 99. Effective date. This Act takes effect upon
17becoming law.