SR0852 99TH GENERAL ASSEMBLY

SR0852 LRB099 13664 MST 37617 r

SENATE RESOLUTION

WHEREAS, Illinois has been a leader in energy production within the United States, in large part due to Illinois' vast coal resources; and

WHEREAS, Illinois has the largest recoverable bituminous coal reserves in the United States, a reserve base larger than all but 6 countries in the world, and the ability to produce all of America's electricity needs for 50 years; and

WHEREAS, The Illinois coal industry is currently responsible for over $2,500,000,000 in annual economic activity within the State, including employing approximately 5,000 miners with an average salary of $85,000 a year, higher than both the United States and Illinois median household incomes; and

WHEREAS, The Illinois coal industry has faced increased environmental regulations in the last 2 decades that resulted in coal production going from 62 million tons of mined coal in 1990 to a low of 31 million tons in 2003 and a loss of 6,500 direct jobs during this time period; and

WHEREAS, The Office of Surface Mining Reclamation and Enforcement within the United States Department of the Interior recently proposed additional environmental regulation of the Illinois coal industry through the Draft Stream Protection Rule published in the federal register on July 27, 2015; and

WHEREAS, The proposed Draft Stream Protection Rule would affect surface mines, underground mines, and ancillary facilities located in every coal producing state; and

WHEREAS, The proposed Stream Protection Rule would amend, modify, or revise over 450 provisions of the existing regulatory program, affecting literally every substantive and procedural aspect of the mine permitting process under the Surface Mining Control and Reclamation Act of 1977; the proposed rule would also add entirely new definitions, substantive and procedural requirements, and prohibitions affecting surface mines, underground mines, and ancillary facilities; in total, the proposed rule exceeds 2,000 pages of changes, additions, explanations, regulatory impact analyses and environmental assessments, not including countless studies that are cited but not provided; and

WHEREAS, The coal industry, the Illinois Department of Natural Resources, and other stakeholders need sufficient time to determine how the rule would affect the State's primary and exclusive regulatory authority and additional technical resources required under the Surface Mining Control and Reclamation Act of 1977; and

WHEREAS, All stakeholders must be given the opportunity to determine the affect the rule would have on existing mines and their respective employees as well as on State programing, resources, and current permitting delays; currently, the State of Illinois has a backlog of approximately 2 years on coal mine permits; the backlog has negatively impacted the operation of existing Illinois coal mines and the potential for coal mining expansion which has caused increased unemployment in the State of Illinois; and

WHEREAS, The Draft Stream Protection Rule required more than 6 years to develop and included a lack of consultation with stakeholders during that time period and yet the Department of Interior will only allow 60 days for public comment; and

WHEREAS, The Department of the Interior must provide the Illinois coal industry, the Illinois Department of Natural Resources, and other stakeholders sufficient time to respond to the Stream Protection Rule which would have a sweeping and monumental impact on the Illinois coal industry; therefore, be it

RESOLVED, BY THE SENATE OF THE NINETY-NINTH GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that that we urge the United States Department of the Interior to provide a comment period of no less than 180 days for public participation in and comment on the proposed Draft Stream Protection Rule; and be it further

RESOLVED, That suitable copies of this resolution be delivered to Governor Bruce Rauner, the Illinois Congressional delegation, the Director of the Office of Surface Mining Reclamation and Enforcement of the United States Department of the Interior, and all the members of the General Assembly.