Full Text of HB5145 97th General Assembly
HB5145 97TH GENERAL ASSEMBLY |
| | 97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012 HB5145 Introduced 2/8/2012, by Rep. Jim Sacia SYNOPSIS AS INTRODUCED: |
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20 ILCS 1920/2.11 | from Ch. 96 1/2, par. 8002.11 |
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Amends the Abandoned Mined Lands and Water Reclamation Act. Prohibits annual expenditures for non-coal reclamation from exceeding 2% of the Department of Natural Resources's annual budget for mine reclamation. Effective immediately.
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| | | FISCAL NOTE ACT MAY APPLY | |
| | A BILL FOR |
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| | | HB5145 | | LRB097 16753 CEL 61928 b |
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| 1 | | AN ACT concerning State government.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Abandoned Mined Lands and Water Reclamation | 5 | | Act is amended by changing Section 2.11 as follows:
| 6 | | (20 ILCS 1920/2.11) (from Ch. 96 1/2, par. 8002.11)
| 7 | | Sec. 2.11. Non-coal reclamation.
| 8 | | (a) It is hereby declared that open and abandoned tunnels, | 9 | | shafts, and
entryways and abandoned and deteriorating | 10 | | equipment, structures, and facilities
resulting from any | 11 | | previous non-coal mining operations constitute a hazard to
the | 12 | | public health and safety. The Department is authorized and
| 13 | | empowered to fill
or seal such abandoned tunnels, shafts, and | 14 | | entryways and remove equipment,
structures, and facilities | 15 | | which it determines could endanger life and property
and | 16 | | constitute a hazard to the public health and safety.
| 17 | | (b) The Department may make expenditures and carry out the
| 18 | | purposes of this Section for lands mined for substances other | 19 | | than coal;
provided, however, that annual expenditures for | 20 | | non-coal reclamation do not
exceed 2% of the Department's | 21 | | annual budget for mine land
reclamation through August 31, | 22 | | 1999; and provided further,
that all obligations for such | 23 | | expenditures shall be made by August 31, 2001 .
Except for those |
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| 1 | | non-coal reclamation projects relating to the protection of
the | 2 | | public health or safety which shall be accorded a high | 3 | | priority, non-coal
reclamation expenditures shall be made only | 4 | | after all reclamation with respect
to abandoned coal lands or | 5 | | coal development impacts has been accomplished.
| 6 | | (c) In those instances where coal mine waste piles are | 7 | | being reworked
for conservation purposes, the Department may | 8 | | make additional
incremental
expenditures to dispose of the | 9 | | wastes from such operations by filling voids
and sealing | 10 | | tunnels if the disposal of these wastes is in accordance with
| 11 | | the purposes of this Section.
| 12 | | (d) The Department shall acquire, by purchase, exchange,
| 13 | | gifts, condemnation or otherwise, the fee simple title or any | 14 | | lesser interest
in and to such land rights or other property as | 15 | | the Department
considers necessary to carry out the provisions | 16 | | of this Section. Transfers and
dispositions of such land shall | 17 | | be made in the same manner as prescribed by
Section 2.07 of | 18 | | this Act.
| 19 | | (e) Consistent with this Section, the Department may enter
| 20 | | and reclaim abandoned non-coal mined lands in the same manner | 21 | | as prescribed in
Section 2.04 of this Act.
| 22 | | (Source: P.A. 91-727, eff. 6-2-00.)
| 23 | | Section 99. Effective date. This Act takes effect upon | 24 | | becoming law.
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