97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB5145
 
Introduced 2/8/2012, by Rep. Jim Sacia
 
SYNOPSIS AS INTRODUCED:
 

 



20 ILCS 1920/2.11  from Ch. 96 1/2, par. 8002.11

     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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1    AN ACT concerning State government.
  
 
2    Be it enacted by the People of the State of Illinois,
 
3represented in the General Assembly:
  
 
 
4    Section 5. The Abandoned Mined Lands and Water Reclamation 
5Act 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, 
9shafts, and
entryways and abandoned and deteriorating 
10equipment, structures, and facilities
resulting from any 
11previous non-coal mining operations constitute a hazard to
the 
12public health and safety.  The Department is authorized and

13empowered to fill
or seal such abandoned tunnels, shafts, and 
14entryways and remove equipment,
structures, and facilities 
15which it determines could endanger life and property
and 
16constitute a hazard to the public health and safety.

17    (b) The Department may make expenditures and carry out the

18purposes of this Section for lands mined for substances other 
19than coal;
provided, however, that annual expenditures for 
20non-coal reclamation do not
exceed 2% of the Department's 
21annual budget for mine land
reclamation through August 31, 
221999; and provided further,
that all obligations for such 
23expenditures shall be made by August 31, 2001.
Except for those 
 
 
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1non-coal reclamation projects relating to the protection of
the 
2public health or safety which shall be accorded a high 
3priority, non-coal
reclamation expenditures shall be made only 
4after all reclamation with respect
to abandoned coal lands or 
5coal development impacts has been accomplished.

6    (c) In those instances where coal mine waste piles are 
7being reworked
for conservation purposes, the Department may 
8make additional
incremental
expenditures to dispose of the 
9wastes from such operations by filling voids
and sealing 
10tunnels if the disposal of these wastes is in accordance with

11the purposes of this Section.

12    (d) The Department shall acquire, by purchase, exchange,

13gifts, condemnation or otherwise, the fee simple title or any 
14lesser interest
in and to such land rights or other property as 
15the Department
considers necessary to carry out the provisions 
16of this Section.  Transfers and
dispositions of such land shall 
17be made in the same manner as prescribed by
Section 2.07 of 
18this Act.

19    (e) Consistent with this Section, the Department may enter

20and reclaim abandoned non-coal mined lands in the same manner 
21as 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 
24becoming law.