State of Illinois
90th General Assembly

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[ Introduced ][ Engrossed ][ House Amendment 001 ]
[ Senate Amendment 001 ]


      515 ILCS 5/1-20           from Ch. 56, par. 1-20
          Amends the Fish and Aquatic Life Code to make a technical
      change to a provision concerning the definition  of  "aquatic
SB304 Enrolled                                 LRB9002358NTsb
 1        AN ACT regarding natural resources.
 2        Be  it  enacted  by  the People of the State of Illinois,
 3    represented in the General Assembly:
 4        Section 2.  The Oil and Gas Wells on Public Lands Act  is
 5    amended by changing Sections 2 and 10 as follows:
 6        (5 ILCS 615/2) (from Ch. 96 1/2, par. 5002)
 7        Sec.  2. State issuance of extraction permits; prohibited
 8    activities.  The Department of  Natural  Resources  shall  be
 9    empowered  with  respect to public lands to grant permits and
10    leases in the  name  of  the  State  of  Illinois,  with  the
11    approval  of  the  Governor in writing, for the extraction of
12    oil, gas and other petroleum deposits, except that no surface
13    extraction  activities  shall  be  performed  nor  production
14    equipment located on lands owned by the Department of Natural
15    Resources if the State owns 100% of  the  underlying  mineral
16    interests  of  those lands.  Extraction activities underlying
17    lands owned by  the  Department  of  Natural  Resources  that
18    utilize  directional  drilling techniques may be permitted at
19    the discretion of the Department.   However,  the  Department
20    shall  not grant permits on leases for the extraction of oil,
21    gas,  and  other  petroleum  deposits  from   the   following
22    classifications  of  lands  if  the  State  owns  100% of the
23    underlying mineral interests: (1) lands where  threatened  or
24    endangered  species  occur,  as  determined  pursuant  to the
25    federal Endangered Species Act  or  the  Illinois  Endangered
26    Species  Protection  Act, (2) Illinois Natural Area Inventory
27    sites, (3) nature  preserves  dedicated  under  the  Illinois
28    Natural  Areas  Preservation Act, (4) lands containing a wild
29    and scenic river as designated  under  the  Wild  and  Scenic
30    River  Area  Act,  (5) lands registered under the Register of
31    Land and Water Reserves under Part 4010 of Title  17  of  the
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 1    Illinois  Administrative Code, and (6) lands on which federal
 2    or State laws or regulations prohibit the surface  extraction
 3    or production facility activity. The grant of such permits or
 4    leases   shall   be  subject  to  the  terms  and  conditions
 5    hereinafter set forth in this Act.
 6    (Source: P.A. 89-445, eff. 2-7-96.)
 7        (5 ILCS 615/10) (from Ch. 96 1/2, par. 5010)
 8        Sec. 10. Proceeds.  Except as hereinafter  provided,  the
 9    proceeds  derived and bonuses, rentals and royalties from and
10    from other inducements and considerations for  the  execution
11    and  operation of the oil and gas leases provided for in this
12    Act provided shall be disposed of  as  provided  for  by  the
13    State Officers and Employees Money Disposition Act.  However,
14    all   bonuses,   rentals  and  royalties  received  from  the
15    permitting or leasing of lands which have been  purchased  by
16    the  Department of Natural Resources (formerly designated the
17    Department of Conservation) from moneys appropriated from the
18    Wildlife and Fish Fund and which at the time of permitting or
19    leasing are under the control of the  Department  of  Natural
20    Resources    (formerly    designated    the   Department   of
21    Conservation), shall be paid into the Wildlife and Fish  Fund
22    of  the  State  Treasury.  All  proceeds,  bonuses,  rentals,
23    royalties,  and other inducements and considerations received
24    from the permitting  or  leasing  of  Department  of  Natural
25    Resources   lands   that  have  not  been  purchased  by  the
26    Department of Natural Resources with moneys appropriated from
27    the Wildlife and Fish Fund shall be deposited as follows:  at
28    least 50% of the amounts received shall be deposited into the
29    State  Parks  Fund  and  not more than 50% shall be deposited
30    into the Plugging and Restoration Fund.
31    (Source: P.A. 89-445, eff. 2-7-96.)
32        Section 4.  The Illinois Oil and Gas Act  is  amended  by
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 1    changing Section 22.2 as follows:
 2        (225 ILCS 725/22.2) (from Ch. 96 1/2, par. 5436)
 3        Sec. 22.2.  Integration of interests in drilling unit.
 4        (a)  As  used  in  this Section, "owner" means any person
 5    having an interest in the right to drill into and produce oil
 6    or gas from any pool, and to appropriate the  production  for
 7    such owner or others.
 8        (b)  Except  as  provided  in subsection (b-5), when 2 or
 9    more separately owned tracts of land are embraced  within  an
10    established drilling unit, or when there are separately owned
11    interests  in  all or a part of such units, the owners of all
12    oil and gas interests therein may validly agree to  integrate
13    their  interests  and  to  develop  their lands as a drilling
14    unit.  Where,  however,  such  owners  have  not  agreed   to
15    integrate  their  interests  and  where  no  action  has been
16    commenced  seeking  permission  to  drill  pursuant  to   the
17    provisions of "An Act in relation to oil and gas interests in
18    land",  approved  July 1, 1939, and where at least one of the
19    owners has drilled or has proposed to  drill  a  well  on  an
20    established  drilling  unit the Department on the application
21    of an owner shall, for the prevention of waste  or  to  avoid
22    the  drilling of unnecessary wells, require such owners to do
23    so and to  develop  their  lands  as  a  drilling  unit.  The
24    Department, as a part of the order integrating interests, may
25    prescribe  the  terms  and  conditions upon which the royalty
26    interests in the unit or  units  shall,  in  the  absence  of
27    voluntary  agreement,  be determined to be integrated without
28    the necessity of a subsequent separate order integrating  the
29    royalty  interests. Each such integration order shall be upon
30    terms and conditions that are just and reasonable.
31        (b-5)  When 2 or more separately owned tracts of land are
32    embraced within an established drilling unit, or  when  there
33    are  separately owned interests in all or a part of the unit,
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 1    and one of the owners is the Department of Natural Resources,
 2    integration of the separate tracts shall be allowed only  if,
 3    following   a   comprehensive   environmental  impact  review
 4    performed by the Department, the Department  determines  that
 5    no substantial or irreversible detrimental harm will occur on
 6    Department  lands  as  a  result  of  any proposed activities
 7    relating to mineral  extraction.   The  environmental  impact
 8    review   shall  include  but  shall  not  be  limited  to  an
 9    assessment of the potential destruction or depletion of flora
10    and fauna, wildlife and its supporting habitat,  surface  and
11    subsurface  water  supplies,  aquatic  life, and recreational
12    activities located on the land  proposed  to  be  integrated.
13    The  Department shall adopt rules necessary to implement this
14    subsection.
15        (b-6)  All proceeds,  bonuses,  rentals,  royalties,  and
16    other   inducements  and  considerations  received  from  the
17    integration of Department of  Natural  Resources  lands  that
18    have   not  been  purchased  by  the  Department  of  Natural
19    Resources with moneys appropriated from the Wildlife and Fish
20    Fund shall be deposited as follows:   at  least  50%  of  the
21    amounts received shall be deposited into the State Parks Fund
22    and  not  more  than 50% shall be deposited into the Plugging
23    and Restoration Fund.
24        (c)  All orders requiring such integration shall be  made
25    after  notice  and  hearing  and  shall  be  upon  terms  and
26    conditions  that  are  just and reasonable and will afford to
27    the owners of all oil and gas interests in each tract in  the
28    drilling  unit  the  opportunity  to recover or receive their
29    just and equitable share of oil or gas from the drilling unit
30    without unreasonable expense and  will  prevent  or  minimize
31    reasonably  avoidable  drainage from each integrated drilling
32    unit which is not equalized  by  counter  drainage,  but  the
33    Department  may  not limit the production from any well under
34    this provision.
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 1        (d)  All operations, including, but not limited  to,  the
 2    commencement,  drilling,  or  operation  of  a  well upon any
 3    portion of a drilling unit shall be deemed for  all  purposes
 4    the  conduct  of  such  operations upon each separately owned
 5    tract in the drilling unit by  the  several  owners  thereof.
 6    That  portion  of  the  production  allocated to a separately
 7    owned tract included in a drilling unit shall, when produced,
 8    be deemed, for all purposes, to have been  actually  produced
 9    from such tract by a well drilled thereon.
10        (e)  In   making   the   determination   of   integrating
11    separately  owned  interests,  and  determining  to  whom the
12    permit should be issued, the Department may consider:
13             (1)  the  reasons  requiring  the   integration   of
14        separate interests;
15             (2)  the  respective interests of the parties in the
16        drilling unit sought to be established, and the  pool  or
17        pools  in  the  field where the proposed drilling unit is
18        located;
19             (3)  any parties' prior or present  compliance  with
20        the Act and the Department's rules; and
21             (4)  any  other  information relevant to protect the
22        correlative rights of the parties sought to  be  affected
23        by the integration order.
24        (f)  Each  such  integration  order  shall  authorize the
25    drilling, testing, completing, equipping, and operation of  a
26    well  on the drilling unit; provide who may drill and operate
27    the well; prescribe the time and  manner  in  which  all  the
28    owners in the drilling unit may elect to participate therein;
29    and  make provision for the payment by all those who elect to
30    participate therein of the reasonable  actual  cost  thereof,
31    plus a reasonable charge for supervision and interest. Should
32    an owner not elect to voluntarily participate in the risk and
33    costs of the drilling, testing, completing and operation of a
34    well  as  determined by the Department, the integration order
SB304 Enrolled             -6-                 LRB9002358NTsb
 1    shall provide either that:
 2             (1)  the nonparticipating owner  shall  surrender  a
 3        leasehold interest to the participating owners on a basis
 4        and for such terms and consideration the Department finds
 5        fair and reasonable; or
 6             (2)  the  nonparticipating  owner  shall  share in a
 7        proportionate part of the production of oil and gas  from
 8        the drilling unit determined by the Department, and pay a
 9        proportionate   part   of   operation   cost   after  the
10        participating owners have recovered from  the  production
11        of  oil  or  gas  from  a  well  all  actual costs in the
12        drilling, testing, completing and operation of  the  well
13        plus  a penalty to be determined by the Department of not
14        less than 100% nor more than 300% of such actual costs.
15        (g)  For the purpose of this Section, the owner or owners
16    of oil and gas rights in and under an unleased tract of  land
17    shall be regarded as a lessee to the extent of a 7/8 interest
18    in  and  to  said  rights  and  a lessor to the extent of the
19    remaining 1/8 interest therein.
20        (h)  In the event of any dispute relative  to  costs  and
21    expenses  of  drilling,  testing,  equipping,  completing and
22    operating a well, the Department shall determine  the  proper
23    costs  after  due  notice to interested parties and a hearing
24    thereon.  The operator of such unit, in addition to any other
25    right provided by the integration order  of  the  Department,
26    shall  have  a lien on the mineral leasehold estate or rights
27    owned by the other owners therein and upon  their  shares  of
28    the  production  from  such  unit  to  the  extent that costs
29    incurred in the development and operation upon said unit  are
30    a  charge against such interest by order of the Department or
31    by operation of law.  Such liens shall  be  separable  as  to
32    each  separate owner within such unit, and shall remain liens
33    until the owner or owners drilling or operating the well have
34    been paid the amount due under the terms of  the  integration
SB304 Enrolled             -7-                 LRB9002358NTsb
 1    order.   The Department is specifically authorized to provide
 2    that  the  owner  or  owners  drilling,  or  paying  for  the
 3    drilling, or for the operation of a well for the  benefit  of
 4    all  shall  be  entitled  to  production from such well which
 5    would be received by the owner or owners  for  whose  benefit
 6    the  well  was drilled or operated, after payment of royalty,
 7    until the owner or owners drilling or operating the well have
 8    been paid the amount due under the terms of  the  integration
 9    order settling such dispute.
10    (Source: P.A. 85-1334; 86-1177.)
11        Section  5.  The  Personnel  Code  is amended by changing
12    Section 4c as follows:
13        (20 ILCS 415/4c) (from Ch. 127, par. 63b104c)
14        Sec. 4c.  General exemptions.  The following positions in
15    State service shall be exempt from jurisdictions A, B, and C,
16    unless the jurisdictions shall be  extended  as  provided  in
17    this Act:
18             (1)  All officers elected by the people.
19             (2)  All  positions  under  the Lieutenant Governor,
20        Secretary of State, State Treasurer,  State  Comptroller,
21        State Board of Education, Clerk of the Supreme Court, and
22        Attorney General.
23             (3)  Judges,  and  officers  and  employees  of  the
24        courts, and notaries public.
25             (4)  All  officers  and  employees  of  the Illinois
26        General   Assembly,   all   employees   of    legislative
27        commissions,  all officers and employees of  the Illinois
28        Legislative Reference Bureau,  the  Legislative  Research
29        Unit, and the Legislative Printing Unit.
30             (5)  All  positions  in the Illinois National Guard,
31        and Illinois State Guard,  paid  from  federal  funds  or
32        positions  in  the  State   Military  Service  filled  by
SB304 Enrolled             -8-                 LRB9002358NTsb
 1        enlistment and paid from State funds.
 2             (6)  All  employees of the Governor at the executive
 3        mansion and on his immediate personal staff.
 4             (7)  Directors of Departments, the Adjutant General,
 5        the Assistant  Adjutant  General,  the  Director  of  the
 6        Illinois  Emergency  Management Agency, members of boards
 7        and commissions,  and all other  positions  appointed  by
 8        the Governor by and with the consent of the Senate.
 9             (8)  The  presidents, other principal administrative
10        officers, and teaching, research and extension  faculties
11        of Chicago State University, Eastern Illinois University,
12        Governors  State  University,  Illinois State University,
13        Northeastern  Illinois  University,   Northern   Illinois
14        University,  Western  Illinois  University,  the Illinois
15        Community College Board,  Southern  Illinois  University,
16        Illinois   Board   of  Higher  Education,  University  of
17        Illinois,  State  Universities  Civil   Service   System,
18        University   Retirement   System  of  Illinois,  and  the
19        administrative  officers  and  scientific  and  technical
20        staff of the Illinois State Museum.
21             (9)  All  other  employees  except  the  presidents,
22        other principal administrative  officers,  and  teaching,
23        research  and  extension  faculties  of  the universities
24        under the jurisdiction of the Board of  Regents  and  the
25        colleges  and universities under the  jurisdiction of the
26        Board of Governors of State  Colleges  and  Universities,
27        Illinois   Community  College  Board,  Southern  Illinois
28        University, Illinois Board of Higher Education, Board  of
29        Governors  of  State Colleges and Universities, the Board
30        of Regents, University  of Illinois,  State  Universities
31        Civil  Service  System,  University  Retirement System of
32        Illinois, so long as these are subject to the  provisions
33        of the State Universities Civil Service Act.
34             (10)  The  State  Police so long as they are subject
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 1        to the merit provisions of the State Police Act.
 2             (11)  The scientific staff of the  State  Scientific
 3        Surveys  and  the Waste Management and Research Hazardous
 4        Waste Research and Information Center.
 5             (12)  The technical and engineering  staffs  of  the
 6        Department  of  Transportation, the Department of Nuclear
 7        Safety, and of the Illinois Commerce Commission, and  the
 8        technical  and  engineering staff providing architectural
 9        and engineering services in  the  Department  of  Central
10        Management Services.
11             (13)  All  employees  of  the  Illinois  State  Toll
12        Highway Commission.
13             (14)  The Secretary of the Industrial Commission.
14             (15)  All  persons  who are appointed or employed by
15        the Director of Insurance  under authority of Section 202
16        of the Illinois Insurance Code to assist the Director  of
17        Insurance in discharging his responsibilities relating to
18        the  rehabilitation,   liquidation,   conservation,   and
19        dissolution   of   companies  that  are  subject  to  the
20        jurisdiction of the Illinois  Insurance Code.
21             (16)  All employees of the  St.  Louis  Metropolitan
22        Area Airport Authority.
23             (17)  All   investment   officers  employed  by  the
24        Illinois State Board of Investment.
25             (18)  Employees  of   the   Illinois   Young   Adult
26        Conservation  Corps program, administered by the Illinois
27        Department of Natural Resources, authorized grantee under
28        Title VIII of the "Comprehensive Employment and  Training
29        Act of 1973", 29 USC 993.
30             (19)  Seasonal   employees   of  the  Department  of
31        Agriculture for the operation of the Illinois State  Fair
32        and  the DuQuoin State Fair, no one person receiving more
33        than 29 days of such employment in any calendar year.
34             (20)  All  "temporary"  employees  hired  under  the
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 1        Department of Natural  Resources'  Illinois  Conservation
 2        Service,  a  youth  employment  program  that hires young
 3        people to work in State parks for a period of one year or
 4        less.
 5             (21)  All  hearing  officers  of  the  Human  Rights
 6        Commission.
 7             (22)  All employees of the Illinois Mathematics  and
 8        Science Academy.
 9             (23)  All  employees  of  the  Kankakee River Valley
10        Area Airport Authority.
11    (Source: P.A. 89-4, eff. 1-1-96; 89-445, eff. 2-7-96.)
12        Section 10. The Civil Administrative Code of Illinois  is
13    amended by changing Section 46.13a as follows:
14        (20 ILCS 605/46.13a) (from Ch. 127, par. 46.13a)
15        Sec. 46.13a. Environmental Regulatory Assistance Program.
16        (a)  The following terms, whenever used or referred to in
17    this  Section,  shall have the following meanings ascribed to
18    them, except where the context clearly requires otherwise:
19             (1)  "Small  business  stationary  source"  means  a
20        business that is owned  or  operated  by  a  person  that
21        employs 100 or fewer individuals; is a small business; is
22        not  a major stationary source as defined in Titles I and
23        III of the federal 1990 Clean Air  Act  Amendments;  does
24        not  emit  50  tons  or  more  per  year of any regulated
25        pollutant (as defined under the federal Clean  Air  Act);
26        and  emits  less  than  75 tons per year of all regulated
27        pollutants.
28             (2)  "Department" means the Illinois  Department  of
29        Commerce and Community Affairs.
30        (b)  The Department may:
31             (1)  Provide  access  to  technical  and  compliance
32        information  for  Illinois  firms,  including  small  and
SB304 Enrolled             -11-                LRB9002358NTsb
 1        middle  market  companies,  to  facilitate local business
 2        compliance   with   the   federal,   State   and    local
 3        environmental regulations.
 4             (2)  Coordinate    and    enter   into   cooperative
 5        agreements with a State ombudsman office, which shall  be
 6        established in accordance with the federal 1990 Clean Air
 7        Act Amendments to provide direct oversight to the program
 8        established under that Act.
 9             (3)  Enter  into  contracts, cooperative agreements,
10        and  financing  agreements  and  establish  and   collect
11        charges   and   fees   necessary  or  incidental  to  the
12        performance of duties and the execution of  powers  under
13        this Section.
14             (4)  Accept  and  expend,  subject to appropriation,
15        gifts, grants,  awards,  funds,  contributions,  charges,
16        fees   and  other  financial  or  nonfinancial  aid  from
17        federal,   State   and   local   governmental   agencies,
18        businesses,    educational    agencies,    not-for-profit
19        organizations, and other entities, for  the  purposes  of
20        this Section.
21             (5)  Establish,  staff  and  administer programs and
22        services and adopt such rules and regulations as  may  be
23        necessary  to  carry  out  the intent of this Section and
24        Section 507, "Small Business Stationary Source  Technical
25        and  Environmental Compliance Assistance Program", of the
26        federal 1990 Clean Air Act Amendments.
27        (c)  The Department's environmental  compliance  programs
28    and  services  for  businesses  may  include, but need not be
29    limited to, the following:
30             (1)  Communication and outreach services  to  or  on
31        behalf  of individual companies, including collection and
32        compilation  of  appropriate  information  on  regulatory
33        compliance   issues   and   control   technologies,   and
34        dissemination of such information  through  publications,
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 1        direct  mailings, electronic communications, conferences,
 2        workshops,  one-on-one  counseling  and  other  means  of
 3        technical assistance.
 4             (2)  Provision of referrals and access to  technical
 5        assistance, pollution prevention and facility audits, and
 6        otherwise  serving  as  an  information  clearinghouse on
 7        pollution prevention  through  the  coordination  of  the
 8        Waste  Management  and  Research Hazardous Waste Research
 9        and Information Center, a division of the  Department  of
10        Natural   Resources.    In  addition,  environmental  and
11        regulatory compliance issues and  techniques,  which  may
12        include  business rights and responsibilities, applicable
13        permitting  and   compliance   requirements,   compliance
14        methods  and  acceptable  control  technologies,  release
15        detection,   and  other  applicable  information  may  be
16        provided.
17             (3)  Coordination    with    and    provision     of
18        administrative   and  logistical  support  to  the  State
19        Compliance Advisory Panel.
20        (d)  There is hereby created a special fund in the  State
21    Treasury  to  be  known  as  the Small Business Environmental
22    Assistance Fund.  Monies received under subdivision (b)(4) of
23    this Section shall be deposited into the Fund.
24        Monies in the  Small  Business  Environmental  Assistance
25    Fund  may  be  used,  subject  to appropriation, only for the
26    purposes authorized by this Section.
27    (Source: P.A. 89-445, eff. 2-7-96.)
28        Section 15. The Business Assistance and Regulatory Reform
29    Act is amended by changing Section 15 as follows:
30        (20 ILCS 608/15)
31        Sec. 15.  Providing  information  and  expediting  permit
32    reviews.
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 1        (a)  The office shall provide an information system using
 2    a  toll-free business assistance number.  The number shall be
 3    advertised throughout the State.  If  requested,  the  caller
 4    will  be  sent  a  basic  business  kit, describing the basic
 5    requirements and procedures for doing business  in  Illinois.
 6    If  requested, the caller shall be directed to one or more of
 7    the additional services provided by the office.  In addition,
 8    the office shall have branches located throughout  the  State
 9    to  assist  persons who prefer not (or who are unable) to use
10    the call system.  All persons providing advice to callers  on
11    behalf of the office and all persons responsible for directly
12    providing  services  to persons visiting the office or one of
13    its branches shall be persons with small business  experience
14    in an administrative or managerial capacity.
15        (b)  The   office   shall   develop   and   implement   a
16    computerized  master  application  procedure  to expedite the
17    identification  and  processing  of  permits   for   business
18    undertakings, projects and activities.
19             (1)  The   application  shall  be  made  on  a  form
20        prescribed by the  office,  designed  primarily  for  the
21        convenience  of  applicants  confronting  requirements of
22        multiple permits from one or more  State  agencies.   The
23        office  shall  assist any person requesting assistance in
24        completing the application.
25             (2)  Upon receipt of a completed master application,
26        the office  shall  notify  each  State  agency  having  a
27        possible  interest  in  the  proposed  business activity.
28        Each agency so notified shall respond within 15 days  and
29        advise  the  office whether one or more permits under its
30        jurisdiction may  be  required  for  the  activity.   The
31        response  will  also  include the fees to be charged. The
32        requirements of this subdivision (b)(2) shall  not  apply
33        if the master  application contained false, misleading or
34        deceptive  information,  or  failed  to include pertinent
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 1        information, the lack of which could  reasonably  lead  a
 2        State  agency  to  misjudge  the applicability of permits
 3        under its jurisdiction, or if new permit requirements  or
 4        related standards subsequently became effective for which
 5        a  State  agency  had  no  discretion in establishing the
 6        effective date. For purposes of this Act, "State  agency"
 7        means  a  department  or agency of State government under
 8        the  jurisdiction  and  control  of  the  Office  of  the
 9        Governor.
10             (3)  After the 15 day notice  and  response  period,
11        the  office shall promptly provide the applicant with the
12        necessary application forms and related  information  for
13        all  permits  specified by the interested State agencies.
14        Applications may be directly filed with the  agencies  or
15        with  the  office, together with the requisite fees.  The
16        office may at the request  of  the  applicant  conduct  a
17        pre-application  conference  with  representatives of the
18        interested   State   agencies   and    agencies    having
19        responsibilities for business promotion.
20        (c)  Any  applicant  for  permits required for a business
21    activity may confer with the office to obtain  assistance  in
22    the   prompt   and   efficient   processing   and  review  of
23    applications.  The office may designate an  employee  of  the
24    office to act as a permit assistance manager to:
25             (1)  facilitate  contacts  for  the  applicant  with
26        responsible agencies;
27             (2)  arrange conferences to clarify the requirements
28        of interested agencies;
29             (3)  consider with State agencies the feasibility of
30        consolidating   hearings   and   data   required  of  the
31        applicant;
32             (4)  assist   the   applicant   in   resolution   of
33        outstanding issues identified by State agencies; and
34             (5)  coordinate federal, State and local  regulatory
SB304 Enrolled             -15-                LRB9002358NTsb
 1        procedures  and  permit  review  actions  to  the  extent
 2        possible.
 3        (d)  The  office  shall  publish  a  directory  of  State
 4    business   permits   and   State  programs  to  assist  small
 5    businesses.
 6        (e)  The office shall designate "economically  distressed
 7    areas",   being   State   enterprise  zones  that  have  been
 8    designated enterprise zones  under  the  Illinois  Enterprise
 9    Zone  Act  because  of  their  high  unemployment  rate, high
10    poverty rate, or low income. The office shall provide on-site
11    permit  assistance  in  those  areas  and  may  require   any
12    interested  State  agency  to designate an employee who shall
13    coordinate the handling of permits in that area.   Interested
14    State   agencies  shall,  to  the  maximum  extent  feasible,
15    establish procedures to expedite applications in economically
16    distressed areas.  The  office  shall  attempt  to  establish
17    agreements  with the local governments having jurisdiction in
18    these areas, to allow the office  to  provide  assistance  to
19    applicants for permits required by these local governments.
20        (f)  The   office   shall   designate  permit  assistance
21    managers to assist in  obtaining  the  prompt  and  efficient
22    processing and review of applications for permits required by
23    businesses  performing  infrastructure  projects.  Interested
24    State  agencies  shall,  to  the  maximum  extent   feasible,
25    establish    procedures    to   expedite   applications   for
26    infrastructure  projects.   Applications  for   permits   for
27    infrastructure  projects  shall  be  approved  or disapproved
28    within 45 days  of  submission,  unless  law  or  regulations
29    specify  a  different  period.   If  the interested agency is
30    unable to act within that period, the agency shall provide  a
31    written notification to the office specifying reasons for its
32    inability   to   act  and  the  date  by  which  approval  or
33    disapproval shall be determined.  The office may require  any
34    interested  State  agency  to  designate an employee who will
SB304 Enrolled             -16-                LRB9002358NTsb
 1    coordinate the handling of permits in that area.
 2        (g)  In addition to its  responsibilities  in  connection
 3    with  permit  assistance,  the  office  shall provide general
 4    regulatory information by directing businesses to appropriate
 5    officers  in  State  agencies  to  supply   the   information
 6    requested.
 7        (h)  The office shall help businesses to locate and apply
 8    to  training programs available to train current employees in
 9    particular skills, techniques or areas of knowledge  relevant
10    to  the  employees'  present  or  anticipated job duties.  In
11    pursuit  of  this  objective,  the   office   shall   provide
12    businesses with pertinent information about training programs
13    offered  by State agencies, units of local government, public
14    universities and colleges,  community  colleges,  and  school
15    districts in Illinois.
16        (i)  The office shall help businesses to locate and apply
17    to  State programs offering to businesses grants, loans, loan
18    or bond guarantees, investment  partnerships,  technology  or
19    productivity   consultation,   or  other  forms  of  business
20    assistance.
21        (j)  To the extent authorized by federal law, the  office
22    shall  assist  businesses  in ascertaining and complying with
23    the requirements of the federal Americans  with  Disabilities
24    Act.
25        (k)  The   office   shall  provide  confidential  on-site
26    assistance  in  identifying   problems   and   solutions   in
27    compliance  with  requirements  of  the  federal Occupational
28    Safety and Health Administration and other State and  federal
29    environmental regulations.  The office shall work through and
30    contract  with  the  Waste  Management and Research Hazardous
31    Waste Research and Information Center to provide confidential
32    on-site  consultation  audits  that  (i)  assist   regulatory
33    compliance    and    (ii)   identify   pollution   prevention
34    opportunities.
SB304 Enrolled             -17-                LRB9002358NTsb
 1        (l)  The office shall  provide  information  on  existing
 2    loan and business assistance programs provided by the State.
 3        (m)  Each  State agency having jurisdiction to approve or
 4    deny a permit shall have the continuing power  heretofore  or
 5    hereafter  vested  in  it  to  make such determinations.  The
 6    provisions of this Act shall not lessen or reduce such powers
 7    and shall modify the procedures followed in carrying out such
 8    powers only to the extent provided in this Act.
 9        (n) (1)  Each State agency shall fully cooperate with the
10    office in providing information, documentation, personnel  or
11    facilities requested by the office.
12        (2)  Each  State agency having jurisdiction of any permit
13    to which the master application procedure is applicable shall
14    designate an employee to act as permit  liaison  office  with
15    the office in carrying out the provisions of this Act.
16        (o) (1)  The  office  has authority, but is not required,
17    to keep and analyze appropriate  statistical  data  regarding
18    the number of permits issued by State agencies, the amount of
19    time  necessary  for  the  permits  to be issued, the cost of
20    obtaining such permits,  the  types  of  projects  for  which
21    specific  permits  are  issued,  a geographic distribution of
22    permits,  and  other  pertinent   data   the   office   deems
23    appropriate.
24        The  office  shall make such data and any analysis of the
25    data available to the public.
26        (2)  The office has authority, but is  not  required,  to
27    conduct  or  cause  to  be conducted a thorough review of any
28    agency's permit requirements and the need  by  the  State  to
29    require  such  permits.  The office shall draw on the review,
30    on its direct experience, and on its statistical analyses  to
31    prepare recommendations regarding how to:
32             (i)  eliminate   unnecessary  or  antiquated  permit
33        requirements;
34             (ii)  consolidate duplicative or overlapping  permit
SB304 Enrolled             -18-                LRB9002358NTsb
 1        requirements;
 2             (iii)  simplify    overly    complex    or   lengthy
 3        application procedures;
 4             (iv)  expedite  time-consuming  agency  review   and
 5        approval procedures; or
 6             (v)  otherwise  improve  the permitting processes in
 7        the State.
 8        The office shall submit  copies  of  all  recommendations
 9    within  5  days  of  issuance  to  the  affected  agency, the
10    Governor, the General Assembly, and the  Joint  Committee  on
11    Administrative Rules.
12        (p)  The  office  has  authority to review State forms on
13    its own initiative or  upon  the  request  of  another  State
14    agency  to  ascertain  the  burden, if any, of complying with
15    those forms.  If the office determines that a form is  unduly
16    burdensome  to  business,  it  may  recommend  to  the agency
17    issuing the form either that the form be eliminated  or  that
18    specific changes be made in the form.
19        (q)  Not later than March 1 of each year, beginning March
20    1,  1995,  the  office  shall  submit an annual report of its
21    activities during the preceding  year  to  the  Governor  and
22    General  Assembly.   The report shall describe the activities
23    of the office during the preceding  year  and  shall  contain
24    statistical  information  on the permit assistance activities
25    of the office.
26    (Source: P.A. 88-404.)
27        Section 20. The Department of Natural  Resources  Act  is
28    amended by changing Sections 15-5 and 20-5 as follows:
29        (20 ILCS 801/15-5)
30        Sec.  15-5.  Office  of Scientific Research and Analysis.
31    The Department of Natural Resources shall have within  it  an
32    Office of Scientific Research and Analysis.  The Office shall
SB304 Enrolled             -19-                LRB9002358NTsb
 1    contain  within it a Natural History Survey division, a State
 2    Water Survey division, a State Geological Survey division,  a
 3    Waste  Management  and  Research Hazardous Waste Research and
 4    Information Center division, and such other related  research
 5    functions and responsibilities as may be appropriate provided
 6    by  law.   The Board of Natural Resources and Conservation is
 7    retained as the governing board for  the  Scientific  Surveys
 8    and  Waste  Management  and Research Hazardous Waste Research
 9    and Information Center.
10    (Source: P.A. 89-50, eff. 7-1-95; 89-445, eff. 2-7-96.)
11        (20 ILCS 801/20-5)
12        Sec. 20-5.  State  Museum.   The  Department  of  Natural
13    Resources  shall  have within it a division consisting of the
14    Illinois State Museum, which shall be within  the  Office  of
15    Scientific  Research  and Analysis. The Board of the Illinois
16    State Museum is retained as the governing board for the State
17    Museum.
18    (Source: P.A. 89-50, eff. 7-1-95; 89-445, eff. 2-7-96.)
19        Section 25.  The Civil Administrative Code of Illinois is
20    amended by changing Section 63a and by adding Sections 63b1.2
21    and 63b2.9 as follows:
22        (20 ILCS 805/63a) (from Ch. 127, par. 63a)
23        Sec. 63a.  The Department of Natural  Resources  has  the
24    powers enumerated in Sections 63a1 through 63b2.9 63b2.8.
25    (Source: P.A. 88-657, eff. 1-1-95; 89-445, eff. 2-7-96.)
26        (20 ILCS 805/63b1.2 new)
27        Sec.  63b1.2.   Indirect  cost  reimbursements.  Indirect
28    cost reimbursements applied for by the Department of  Natural
29    Resources  may  be  allocated  as  State matching funds.  Any
30    indirect cost reimbursement applied for and received  by  the
SB304 Enrolled             -20-                LRB9002358NTsb
 1    Department  shall be deposited to the same fund as the direct
 2    cost and may  be  expended,  subject  to  appropriation,  for
 3    support of programs administered by the Department of Natural
 4    Resources.
 5        (20 ILCS 805/63b2.9 new)
 6        Sec.  63b2.9.  Grants and contracts.  To accept, receive,
 7    expend, and administer, including  by  grant,  agreement,  or
 8    contract,   those  funds  that  are  made  available  to  the
 9    Department from the federal government and other  public  and
10    private  sources  in the exercise of its statutory powers and
11    duties.
12        The Department may make grants to other  State  agencies,
13    universities,    not-for-profit   organizations   and   local
14    governments, pursuant to an appropriation in the exercise  of
15    its statutory powers and duties.
16        Section  30. The Energy Conservation and Coal Development
17    Act is amended by changing Section 16 as follows:
18        (20 ILCS 1105/16) (from Ch. 96 1/2, par. 7415)
19        Sec. 16. Battery Task Force.
20        (a)  Within the Department  is  created  a  Battery  Task
21    Force  to  be comprised of (i) the Director of the Department
22    who shall serve as chair of the Task Force; (ii) the Director
23    of the Environmental Protection Agency;  (iii)  the  Director
24    of the Waste Management and Research Hazardous Waste Research
25    and  Information  Center;  and  (iv)  15 persons who shall be
26    appointed by the Director  of  the  Department,  including  2
27    persons representing an environmental organization, 2 persons
28    representing   the   battery   cell   industry,   2   persons
29    representing the rechargeable powered tool/device industry, 3
30    representatives   from   local  government  with  residential
31    recycling programs (including one from  a  municipality  with
SB304 Enrolled             -21-                LRB9002358NTsb
 1    more  than  a  million  people),  one person representing the
 2    retail industry, one person representing a consumer group,  2
 3    persons  representing  the  waste  management  industry,  one
 4    person   representing   a  recycling  firm,  and  one  person
 5    representing a citizens' group active in  local  solid  waste
 6    issues.
 7        (b)  The  Task  Force  shall  prepare  a  report  of  its
 8    findings  and recommendations and shall present the report to
 9    the Governor and the General Assembly on or before  April  1,
10    1993. Among other things, the Task Force shall evaluate:
11             (1)  collection, storage, and processing systems for
12        the  recycling  and proper management of common household
13        batteries and rechargeable battery products generated  by
14        consumers,  businesses,  institutions,  and  governmental
15        units;
16             (2)  public  education  programs  that promote waste
17        reduction, reuse, and recycling strategies for  household
18        batteries;
19             (3)  disposal  bans  on specific household batteries
20        or rechargeable battery products;
21             (4)  management options for rechargeable  tools  and
22        appliances;
23             (5)  technical and financial assistance programs for
24        local governments;
25             (6)  guidelines  and  regulations  for  the storage,
26        transportation, and disposal of household batteries;
27             (7)  labeling requirements for  household  batteries
28        and battery packaging;
29             (8)  metal  content limits and sale restrictions for
30        carbon-zinc, nickel-cadmium, and button batteries;
31             (9)  market  development   options   for   materials
32        recovered from household batteries;
33             (10)  industry    waste    reduction   developments,
34        including substitution of longer-life,  rechargeable  and
SB304 Enrolled             -22-                LRB9002358NTsb
 1        recyclable   batteries,   substitution   of   alternative
 2        products which do not require batteries, increased use of
 3        power-source  adapters,  and use of replaceable batteries
 4        in battery-powered appliances; and
 5             (11)  the feasibility  of  reverse  distribution  of
 6        batteries.
 7        The  Task  Force  shall  review,  evaluate,  and  compare
 8    existing   battery  management  and  collection  systems  and
 9    studies including those used from other states, the  European
10    Community, and other major industrial nations. The Task Force
11    shall  consult with manufacturers and the public to determine
12    the most cost  effective  and  efficient  means  for  battery
13    management.
14    (Source: P.A. 87-1250; 88-45.)
15        Section  35.  The  Hazardous  Waste  Technology  Exchange
16    Service Act is amended by changing Sections 3, 4, 5, and 6 as
17    follows:
18        (20 ILCS 1130/3) (from Ch. 111 1/2, par. 6803)
19        Sec. 3.  For the purposes of this Act, unless the context
20    otherwise requires:
21        (a)  "Board"  means  the  Board  of Natural Resources and
22    Conservation of the Department of Natural Resources.
23        (b)  "Center" means the  Waste  Management  and  Research
24    Hazardous  Waste  Research  and  Information  Center  of  the
25    Department of Natural Resources.
26        (c)  "Department"   means   the   Department  of  Natural
27    Resources.
28    (Source: P.A. 89-445, eff. 2-7-96.)
29        (20 ILCS 1130/4) (from Ch. 111 1/2, par. 6804)
30        Sec. 4. Waste Management and Research Center. As soon  as
31    may  be practicable after the effective date of this Act, the
SB304 Enrolled             -23-                LRB9002358NTsb
 1    Department shall establish a  Hazardous  Waste  Research  and
 2    Information  Center.  On and after the effective date of this
 3    amendatory Act of 1997, that Center shall  be  known  as  the
 4    Waste Management and Research Center.
 5    (Source: P.A. 86-652.)
 6        (20 ILCS 1130/5) (from Ch. 111 1/2, par. 6805)
 7        Sec. 5. Duties of Center; Industrial Advisory Committee.
 8        (a)  The  Waste  Management  and Research Hazardous Waste
 9    Research and Information Center shall:
10             (1)  Conduct educational  programs  to  further  the
11        exchange  of  information  to  reduce  the  generation of
12        hazardous wastes or to treat or dispose of such wastes so
13        as to make them nonhazardous.
14             (2)  Provide a  technical  information  service  for
15        industries  involved  in  the  generation,  treatment, or
16        disposal of hazardous wastes.
17             (3)  Disseminate information regarding  advances  in
18        hazardous  waste  management  technology which could both
19        protect   the   environment   and   further    industrial
20        productivity.
21             (4)  Provide  research in areas related to reduction
22        of  the  generation  of  hazardous   wastes;   treatment,
23        recycling and reuse; and other issues which the Board may
24        suggest.
25             (5)  Provide  other  services as deemed necessary or
26        desirable by the Board.
27             (6)  Submit  a  biennial  report  to   the   General
28        Assembly on Center activities.
29        (b)  The  Director of the Department shall be responsible
30    for the administration of the Center.
31        (c)  The Department shall have the authority  to  accept,
32    receive  and  administer  on behalf of the Center any grants,
33    gifts or other funds made available for purposes of this Act.
SB304 Enrolled             -24-                LRB9002358NTsb
 1        (d)  The Board shall (1) provide  policy  guidelines  and
 2    goals  for  the  Center; (2) approve the Center's budget; (3)
 3    approve any reports; and (4) otherwise direct the  Center  in
 4    accordance  with its statutory powers and duties contained in
 5    Section 6 of  "An  Act  in  relation  to  natural  resources,
 6    research,   data   collection   and  environmental  studies",
 7    approved July 14, 1978, as amended.
 8        (e)  The Director shall appoint  an  Industrial  Advisory
 9    Committee  which  shall  be  composed  of  representatives of
10    industries which are involved in the generation, treatment or
11    disposal  of   hazardous   waste,   or   representatives   of
12    organizations  of  such  industries.  To the extent possible,
13    the Director shall  choose  members  representing  large  and
14    small  industries  from  all geographical areas of the State.
15    Members of the Industrial Advisory Committee shall receive no
16    compensation but may be reimbursed  for  reasonable  expenses
17    incurred in carrying out their duties.
18        The   Industrial  Advisory  Committee  shall  advise  the
19    Department on programs, services and activities necessary  to
20    assist  large  and small businesses in economically reducing,
21    through source reduction, treatment and recycling, the amount
22    and toxicity of hazardous waste to be disposed of  on  or  in
23    the land.
24    (Source: P.A. 86-652.)
25        (20 ILCS 1130/6) (from Ch. 111 1/2, par. 6806)
26        Sec.  6.  Appropriations.  For the purpose of maintaining
27    the Waste Management and Research  Hazardous  Waste  Research
28    and Information Center, paying the expenses and providing the
29    facilities  and  structures  incident thereto, appropriations
30    shall be made to the Department, payable from  the  Hazardous
31    Waste Research Fund and other funds in the State Treasury.
32    (Source: P.A. 86-652.)
SB304 Enrolled             -25-                LRB9002358NTsb
 1        Section 40.  The State Finance Act is amended by changing
 2    Section 6z-32 as follows:
 3        (30 ILCS 105/6z-32)
 4        Sec. 6z-32. Conservation 2000.
 5        (a)  The Conservation 2000 Fund and the Conservation 2000
 6    Projects  Fund  are  created  as  special  funds in the State
 7    Treasury.   These  funds  shall  be  used  to   establish   a
 8    comprehensive  program to protect Illinois' natural resources
 9    through cooperative partnerships between State government and
10    public and private landowners.  Moneys in these Funds may  be
11    used,   subject   to   appropriation,  by  the  Environmental
12    Protection  Agency  and  the  Departments   of   Agriculture,
13    Conservation,    Energy    and    Natural    Resources,   and
14    Transportation for  purposes  relating  to  natural  resource
15    protection,  recreation, tourism, and compatible agricultural
16    and economic development activities.  Without limiting  these
17    general  purposes, moneys in these Funds may be used, subject
18    to appropriation, for the following specific purposes:
19             (1)  To foster sustainable agriculture practices and
20        control soil erosion and sedimentation, including  grants
21        to Soil and Water Conservation Districts for conservation
22        practice    cost-share    grants   and   for   personnel,
23        educational, and administrative expenses.
24             (2)  To establish and protect a system of ecosystems
25        in public  and  private  ownership  through  conservation
26        easements,  incentives  to public and private landowners,
27        including  technical  assistance  and  grants,  and  land
28        acquisition provided these mechanisms are  all  voluntary
29        on  the  part of the landowner and do not involve the use
30        of eminent domain.
31             (3)  To develop a systematic and  long-term  program
32        to  effectively measure and monitor natural resources and
33        ecological conditions through investments  in  technology
SB304 Enrolled             -26-                LRB9002358NTsb
 1        and involvement of scientific experts.
 2             (4)  To  initiate  strategies  to  enhance, use, and
 3        maintain  Illinois'  inland  lakes   through   education,
 4        technical assistance, research, and financial incentives.
 5             (5)  To  conduct  an  extensive  review  of existing
 6        Illinois water laws.
 7        (b)  The State  Comptroller  and  State  Treasurer  shall
 8    automatically  transfer  on  the  last  day  of  each  month,
 9    beginning  on September 30, 1995 and ending on June 30, 2001,
10    from the General Revenue Fund to the Conservation 2000  Fund,
11    an  amount  equal  to  1/10  of the amount set forth below in
12    fiscal year 1996 and an amount equal to 1/12  of  the  amount
13    set forth below in each of the other specified fiscal years:
14             Fiscal Year              Amount
15               1996                  $ 3,500,000
16               1997                  $ 9,000,000
17               1998                  $10,000,000
18               1999                  $11,000,000
19               2000                  $12,500,000
20               2001                  $14,000,000
21        (c)  There  shall be deposited into the Conservation 2000
22    Projects Fund such bond proceeds and  other  moneys  as  may,
23    from time to time, be provided by law.
24    (Source:  P.A.  89-49,  eff.  6-29-95;  89-626,  eff. 8-9-96;
25    revised 12-10-96.)
26        Section 45. The  Illinois  Pension  Code  is  amended  by
27    changing Section 15-106 as follows:
28        (40 ILCS 5/15-106) (from Ch. 108 1/2, par. 15-106)
29        Sec.  15-106.   Employer.   "Employer": The University of
30    Illinois,  Southern  Illinois   University,   Chicago   State
31    University,  Eastern  Illinois  University,  Governors  State
32    University,  Illinois State University, Northeastern Illinois
SB304 Enrolled             -27-                LRB9002358NTsb
 1    University, Northern Illinois  University,  Western  Illinois
 2    University, the State Board of Higher Education, the Illinois
 3    Mathematics  and Science Academy, the State Geological Survey
 4    Division of the Department of Natural  Resources,  the  State
 5    Natural  History Survey Division of the Department of Natural
 6    Resources, the State Water Survey Division of the  Department
 7    of  Natural  Resources,  the  Waste  Management  and Research
 8    Hazardous  Waste  Research  and  Information  Center  of  the
 9    Department of Natural Resources, the University Civil Service
10    Merit Board, the Board of Trustees of the State  Universities
11    Retirement  System,  the  Illinois  Community  College Board,
12    State Community College of East St. Louis, community  college
13    boards, any association of community college boards organized
14    under  Section 3-55 of the Public Community College Act, and,
15    only during  the  period  for  which  employer  contributions
16    required   under  Section  15-155  are  paid,  the  following
17    organizations: the alumni associations, the  foundations  and
18    the  athletic  associations  which  are  affiliated  with the
19    universities  and  colleges  included  in  this  Section   as
20    employers. A department as defined in Section 14-103.04 is an
21    employer  for  any person appointed by the Governor under the
22    Civil Administrative Code of Illinois  the  State  who  is  a
23    participating employee as defined in Section 15-109.
24    (Source: P.A. 89-4, eff. 1-1-96; 89-445, eff. 2-7-96.)
25        Section  50. The Civil Administrative Code of Illinois is
26    amended by changing Section 62 as follows:
27        (110 ILCS 355/62) (from Ch. 127, par. 62)
28        Sec. 62. Retention of duties by University  of  Illinois.
29    Unless  otherwise  provided  by law, the functions and duties
30    formerly exercised  by  the  State  entomologist,  the  State
31    laboratory of natural history, the State water survey and the
32    State geological survey and vested in the Illinois Department
SB304 Enrolled             -28-                LRB9002358NTsb
 1    of  Natural  Resources,  and  the functions and duties of the
 2    Waste Management and Research Hazardous  Waste  Research  and
 3    Information  Center and its Hazardous Materials Laboratory as
 4    authorized by the Hazardous Waste Technology Exchange Service
 5    Act,  approved  September  16,  1984,  as  now  or  hereafter
 6    amended, shall continue to be exercised at the University  of
 7    Illinois  in  buildings  and  places provided by the trustees
 8    thereof.
 9    (Source: P.A. 89-445, eff. 2-7-96.)
10        Section 55. The Surface Coal Mining Land Conservation and
11    Reclamation Act is amended by changing Sections  1.03,  1.04,
12    1.05, 2.08, 6.07, 6.08, 7.03, 7.04, and 9.01 as follows:
13        (225 ILCS 720/1.03) (from Ch. 96 1/2, par. 7901.03)
14        Sec. 1.03.  Definitions.
15        (a)  Whenever  used  or referred to in this Act, unless a
16    different meaning clearly appears from the context;
17             (1)  "Affected land" means:
18                  (A)  in   the   context   of   surface   mining
19             operations,   the   areas   described   in   Section
20             1.03(a)(24)(B), and
21                  (B)  in  the  context  of  underground   mining
22             operations,  surface  areas on which such operations
23             occur or where such activities disturb  the  natural
24             land surface.
25             (2)  "Approximate   original   contour"  means  that
26        surface configuration achieved by backfilling and grading
27        of the mined area so that the reclaimed  area,  including
28        any  terracing  or  access  roads,  closely resembles the
29        general surface configuration of the land prior to mining
30        and blends into and compliments  the drainage pattern  of
31        the  surrounding  terrain,  with  all highwalls and spoil
32        piles eliminated.
SB304 Enrolled             -29-                LRB9002358NTsb
 1             (3)  "Article" means an article of this Act.
 2             (4)  "Department" means the  Department  of  Natural
 3        Resources,  or  such department, bureau, or commission as
 4        may lawfully succeed to the powers  and  duties  of  such
 5        Department.
 6             (5)  "Director" means the Director of the Department
 7        or  such  officer,  bureau  or commission as may lawfully
 8        succeed to the powers and duties of such Director.
 9             (6)  "Federal Act" means the Federal Surface  Mining
10        Control and Reclamation Act of 1977 (Public Law 95-87).
11             (7)  "Imminent  danger  to  the health and safety of
12        the public" means  the  existence  of  any  condition  or
13        practice,   or   any  violation  of  a  permit  or  other
14        requirement of this  Act  in  a  mining  and  reclamation
15        operation,  which condition, practice, or violation could
16        reasonably be expected to cause substantial physical harm
17        to persons outside the permit area before such condition,
18        practice, or  violation  can  be  abated.   A  reasonable
19        expectation  of  death or serious injury before abatement
20        exists if  a  rational  person,  subjected  to  the  same
21        conditions  or  practices giving rise to the peril, would
22        not  expose  himself  to  the  danger  during  the   time
23        necessary for abatement.
24             (8)  (Blank).
25             (9)  "Interagency  Committee"  means the Interagency
26        Committee on Surface    Mining  Control  and  Reclamation
27        created by Section 1.05.
28             (9-a)  "Lands  eligible  for  remining"  means those
29        lands that would otherwise be eligible  for  expenditures
30        under  the  Abandoned  Mined  Lands and Water Reclamation
31        Act.
32             (10)  "Mining  and  reclamation  operations"   means
33        mining   operations  and  all  activities  necessary  and
34        incident to the reclamation of such operations.
SB304 Enrolled             -30-                LRB9002358NTsb
 1             (11)  "Mining operations" means both surface  mining
 2        operations and underground mining operations.
 3             (12)  "Operator"  means  any  person engaged in coal
 4        mining, and includes  political  subdivisions,  units  of
 5        local  government  and  instrumentalities of the State of
 6        Illinois, and public utilities.
 7             (13)  "Permit" means a permit or a revised permit to
 8        conduct mining operations and reclamation issued  by  the
 9        Department under this Act.
10             (14)  "Permit  applicant"  or  "applicant"  means  a
11        person applying for a permit.
12             (15)  "Permit application" or "application" means an
13        application for a permit under this Act.
14             (16)  "Permit  area" means the land described in the
15        permit.
16             (17)  "Permittee" means a person holding a permit.
17             (18)  "Permit term" means the  period  during  which
18        the  permittee  may  engage  in mining operations under a
19        permit.
20             (19)  "Person"  means  an  individual,  partnership,
21        copartnership, firm, joint venture, company, corporation,
22        association,  joint   stock   company,   trust,   estate,
23        political  subdivision,  or  any  other public or private
24        legal entity, or their  legal  representative,  agent  or
25        assigns.
26             (20)  "Reclamation"    means    conditioning   areas
27        affected by mining operations to achieve the purposes  of
28        this Act.
29             (21)  "Reclamation  plan"  means a plan described in
30        Section 2.03.
31             (22)  "Regulations"  means  regulations  promulgated
32        under the Federal Act.
33             (23)  "Section" means a section of this Act.
34             (24)  "Surface   mining   operations"   means    (A)
SB304 Enrolled             -31-                LRB9002358NTsb
 1        activities   conducted   on   the  surface  of  lands  in
 2        connection  with  a  surface   coal   mine   or   surface
 3        operations.    Such activities include excavation for the
 4        purpose of obtaining coal including such  common  methods
 5        as  contour,  strip, auger, mountaintop removal, box cut,
 6        open pit, and area mining, coal recovery from coal  waste
 7        disposal  areas, the uses of explosives and blasting, and
 8        in situ distillation  or  retorting,  leaching  or  other
 9        chemical   or  physical  processing,  and  the  cleaning,
10        concentrating,  or  other  processing   or   preparation,
11        loading  of  coal  at  or near the mine site; and (B) the
12        areas on  which  such  activities  occur  or  where  such
13        activities  disturb the natural land surface.  Such areas
14        include any adjacent land the use of which is  incidental
15        to  any  such  activities,  all  lands  affected  by  the
16        construction  of  new  roads or the improvement or use of
17        existing roads  to  gain  access  to  the  site  of  such
18        activities  and  for  haulage, and excavations, workings,
19        impoundments,  dams,  refuse  banks,  dumps,  stockpiles,
20        overburden piles,  spoil  banks,  culm  banks,  tailings,
21        holes   or  depressions,  repair  areas,  storage  areas,
22        processing areas, shipping areas  and  other  areas  upon
23        which are sited structures, facilities, or other property
24        or  materials  on the surface, resulting from or incident
25        to such activities.
26             (25)  "Toxic conditions" and "toxic materials"  mean
27        any conditions and materials that will not support higher
28        forms  of plant or animal life in any place in connection
29        with  or  as  a  result  of  the  completion  of   mining
30        operations.
31             (26)  "Underground   mining  operations"  means  the
32        underground excavation of coal and (A) surface operations
33        incident to the underground extraction of coal,  such  as
34        construction, use, maintenance, and reclamation of roads,
SB304 Enrolled             -32-                LRB9002358NTsb
 1        above-ground  repair  areas,  storage  areas,  processing
 2        areas,  shipping  areas, areas on which are sited support
 3        facilities including hoist and ventilation  ducts,  areas
 4        used  for the storage and disposal of waste, and areas on
 5        which materials incident to underground mining operations
 6        are placed, and (B) underground  operations  incident  to
 7        underground  excavation  of  coal,  such  as  underground
 8        construction,   operation,  and  reclamation  of  shafts,
 9        adits,   underground   support   facilities,   in    situ
10        processing,  and underground mining, hauling, storage, or
11        blasting.
12             (27)  "Unwarranted  failure  to  comply"  means  the
13        failure of a permittee to prevent the occurrence of or to
14        abate any violation of his permit or any  requirement  of
15        this  Act due to indifference, lack of diligence, or lack
16        of reasonable care.
17        The Department shall by rule define other terms  used  in
18    this Act if necessary or desirable to achieve the purposes of
19    this Act.
20    (Source: P.A. 89-445, eff. 2-7-96.)
21        (225 ILCS 720/1.04) (from Ch. 96 1/2, par. 7901.04)
22        Sec. 1.04.  Advisory Council on Reclamation.
23        (a)  There is created the Surface Mining Advisory Council
24    to  consist  of  9  members,  plus the Director or his or her
25    designee. Members of the Advisory Council shall be  appointed
26    by  the  Governor, with the advice and consent of the Senate.
27    The members appointed to  the  Council  shall  represent  the
28    following  interests: conservation, agriculture, surface coal
29    mining industry, local government, environmental  protection,
30    the   colleges  and  universities,  underground  coal  mining
31    industry, labor, and the general public.  The  members  shall
32    be  knowledgeable concerning the nature of problems of mining
33    operations and reclamation.  The Council  shall  select  from
SB304 Enrolled             -33-                LRB9002358NTsb
 1    its members a chairperson and such other officers as it deems
 2    necessary.   The  term  of membership on the Advisory Council
 3    shall be 3 years, except that the Governor may  make  initial
 4    appointments  or  fill  vacancies for lesser terms so that at
 5    least  3  memberships  expire  annually.    Members  may   be
 6    reappointed.  Vacancies  occurring  on  the  Advisory Council
 7    shall be  filled,  as  nearly  as  possible,  with  a  person
 8    representing  the  interest  of his or her predecessor on the
 9    Advisory Council.  Members of the Council shall be reimbursed
10    for  ordinary  and  necessary  expenses   incurred   in   the
11    performance  of the Council's duties.  Members of the Council
12    shall, in addition, receive $100 a day for each day spent  in
13    the performance of their duties as Advisory Council members.
14        (b)  The  Advisory Council shall meet at least 3 times in
15    each calendar year on a date specified at least one  week  in
16    advance  of  the  meeting.   A  meeting  may be called by the
17    Director or on the request of a majority of Advisory  Council
18    members.
19        (c)  The  Council shall act solely as an advisory body to
20    the Director and to the  Land  Reclamation  Division  of  the
21    Office  of  Mines  and  Minerals  within the Department.  The
22    recommendations of the Council shall have no  binding  effect
23    on  the Director or on the Division of Land Reclamation.  The
24    advice, findings and recommendations of the Advisory  Council
25    shall be made public in a semi-annual report published by the
26    Department.
27        (d)  The  Department shall present proposed rules related
28    to this Act, and proposed  changes  in  such  rules,  to  the
29    Advisory  Council  for its comments before putting such rules
30    or changes into effect, except for circumstances of emergency
31    or other circumstances enumerated in subsection 5(b), (d) and
32    (e) of The Illinois Administrative Procedure Act.
33        (e)  The Council shall review the  Federal  Act  and  the
34    development and implementation of an approved permanent State
SB304 Enrolled             -34-                LRB9002358NTsb
 1    program  thereunder.   The  Council shall make its review and
 2    written recommendations to the  Director.   The  Council  may
 3    seek  comment  from  affected persons and the public prior to
 4    making its recommendations.
 5        (f)  If as a result of any final action by  the  Congress
 6    of the United States, any agency of the United States, or any
 7    court, any provision of the Federal Act or the Regulations is
 8    amended,  modified,  construed,  or  rendered inapplicable to
 9    mining and reclamation operations in this State, the Director
10    shall forthwith call a meeting of the Council.   The  Council
11    shall  review such final action and its effect in this State.
12    The Council shall recommend changes in this Act and the rules
13    adopted under this Act which would cause application of  this
14    Act  to  reflect such final action.  Pending formal amendment
15    of this  Act  for  reason  stated  in  this  subsection,  the
16    Director  may administer this Act by emergency regulations in
17    accordance with the purposes of this  Act  and  in  a  manner
18    consistent  with any such final action of Congress, a federal
19    agency or a court.
20    (Source: P.A. 81-1015.)
21        (225 ILCS 720/1.05) (from Ch. 96 1/2, par. 7901.05)
22        Sec. 1.05.  Interagency Committee.  There is created  the
23    Interagency   Committee   on   Surface   Mining  Control  and
24    Reclamation, which shall consist of the Director (or Division
25    Head) of each of the  following  State  agencies:    (a)  the
26    Department  of  Agriculture, (b) the Environmental Protection
27    Agency, (c) the Department of Commerce and Community Affairs,
28    and (d) any other State Agency designated by the Director  as
29    having  a  programmatic  role  in the review or regulation of
30    mining operations and reclamation whose comments are expected
31    by the Director to be relevant and of material benefit to the
32    process of reviewing permit applications under this Act.  The
33    Interagency   Committee   on   Surface   Mining  Control  and
SB304 Enrolled             -35-                LRB9002358NTsb
 1    Reclamation shall be abolished on June  30,  1997.  Beginning
 2    July  1,  1997, all programmatic functions formerly performed
 3    by the Interagency Committee on Surface  Mining  Control  and
 4    Reclamation  shall  be  performed  by the Office of Mines and
 5    Minerals within the Department of Natural  Resources,  except
 6    as otherwise provided by Section 9.04 of this Act.
 7    (Source: P.A. 89-445, eff. 2-7-96.)
 8        (225 ILCS 720/2.08) (from Ch. 96 1/2, par. 7902.08)
 9        Sec.   2.08.   Standards  for  approval  of  permits  and
10    revisions.
11        (a)  On  the  basis  of  a  complete  application,  or  a
12    revision thereof, and  after  completion  of  the  procedures
13    required by Section 2.04, the Department shall grant, require
14    modification  of,  or  deny  the  application.  The applicant
15    shall have the burden of establishing  that  its  application
16    complies with all the requirements of this Act.
17        (b)  No  permit  or revised permit shall be issued unless
18    the   application   affirmatively   demonstrates,   and   the
19    Department finds that (1) the  application  is  accurate  and
20    complete  and that all the requirements of this Act have been
21    complied  with;  (2)  the  applicant  has  demonstrated  that
22    reclamation as required by this Act can be accomplished under
23    this reclamation plan and that completion of the  reclamation
24    plan  will  in  fact comply with every applicable performance
25    standard of this Act; (3)  the  assessment  of  the  probable
26    cumulative  impact  of  all anticipated mining in the area on
27    the hydrologic balance specified by the  Department  by  rule
28    has  been  made  by  the  Department  and the proposed mining
29    operation has been designed to  prevent  material  damage  to
30    hydrologic  balance outside the permit area; and (4) the area
31    proposed  to  be  mined  is  not  included  within  an   area
32    designated  unsuitable  for surface coal mining under Article
33    VII  and  is  not  within  an  area  under  study  for   such
SB304 Enrolled             -36-                LRB9002358NTsb
 1    designation  in  an administrative proceeding commenced under
 2    Article VII.  Except for operations subject to  exemption  by
 3    Section  510(d)(2)  of the Federal Act (PL95-87), a permit or
 4    revised permit for mining operations on prime farmland may be
 5    issued only if the Department also finds in writing that  the
 6    operator  has  the  technological  capability to restore such
 7    mined area, within a reasonable time, to equivalent or higher
 8    levels  of  yield  as  non-mined  prime   farmland   in   the
 9    surrounding  area  under  equivalent levels of management and
10    can meet the soil reconstruction standards in  Section  3.07.
11    Such  findings shall be made in accordance with standards and
12    procedures adopted by the Department by rule.  The Department
13    shall make  the  findings  required  by  this  subsection  in
14    writing  on  the  basis  of  the information set forth in the
15    application, or from information otherwise available which is
16    described in the Department's findings and made available  to
17    the applicant and the public.
18        (c)  A  permit or revised permit may be issued only after
19    the Department considers in writing  any  comments  filed  by
20    members of the Interagency Committee and County Boards.  When
21    a  complete application is received by the Department, a copy
22    of it shall be provided to each  member  of  the  Interagency
23    Committee.  Members of the Interagency Committee shall review
24    and  comment  on  protection  of the hydrologic system, water
25    pollution  control,  the  reclamation  plan,  soil   handling
26    techniques,  dams  and  impoundments and postmining land use.
27    Comments on the application shall be in writing and shall  be
28    filed  with  the  Department  within  45 days.  Each member's
29    comments shall be  based  on  factual,  legal  and  technical
30    considerations   with   respect   to  which  his  agency  has
31    authority, and which  shall  be  set  forth  in  writing.   A
32    member who does not comment within 45 days shall be deemed to
33    have  waived his right to comment under this subsection.  The
34    Department shall  file  comments  received  from  Interagency
SB304 Enrolled             -37-                LRB9002358NTsb
 1    Committee  members at the same locations at which  the permit
 2    application is available for public inspection in  accordance
 3    with Section 2.04.
 4        (d)  If information available to the Department indicates
 5    that   any  mining  operation  owned  or  controlled  by  the
 6    applicant is currently in violation of this Act or other laws
 7    pertaining to air  or  water  environmental  protection,  the
 8    permit  shall not be issued until the applicant submits proof
 9    that such violation has been corrected or is in  the  process
10    of  being corrected to the satisfaction of the Department, or
11    of the department or agency which has jurisdiction over  such
12    violation.  No permit shall be issued to an applicant after a
13    finding  by  the  Department,  after opportunity for hearing,
14    that  the  applicant,  or  the  operator  specified  in   the
15    application,  controls  or  has  controlled mining operations
16    with a  demonstrated pattern  of  wilful  violations  of  the
17    Federal  Act or this Act of such nature and duration and with
18    such resulting irreparable damage to the  environment  as  to
19    indicate  an  intent not to comply with the provisions of the
20    Federal Act or this Act.
21        (e)  After the effective date of this amendatory  Act  of
22    1997,  the prohibition of subsection (d) shall not apply to a
23    permit application due to any  violation  resulting  from  an
24    unanticipated  event  or  condition  at a surface coal mining
25    operation on lands eligible for remining under a permit  held
26    by the person making such application.
27        As used in this subsection:
28             (1)  "unanticipated  event  or  condition"  means an
29        event or condition encountered in  a  remining  operation
30        that  was not contemplated in the applicable surface coal
31        mining and reclamation permit; and
32             (2)  "violation" has the same meaning as  such  term
33        has under subsection (d).
34    (Source: P.A. 81-1015.)
SB304 Enrolled             -38-                LRB9002358NTsb
 1        (225 ILCS 720/6.07) (from Ch. 96 1/2, par. 7906.07)
 2        Sec. 6.07.  Forfeiture.
 3        (a)  The  Attorney General, on request of the Department,
 4    shall institute proceedings to have the bond of the  operator
 5    forfeited  for  violation  by  the  operator  of  any  of the
 6    provisions of this Act or for noncompliance with  any  lawful
 7    rule  or regulation promulgated by the Department thereunder.
 8    Before making such  request  of  the  Attorney  General,  the
 9    Department  shall  notify  the  operator  in  writing  of the
10    alleged violation or  non-compliance  and  shall  afford  the
11    operator  the  right  to  appear  before  the Department at a
12    hearing to be held not less than 30 days after the receipt of
13    such notice by the operator.  At the hearing the operator may
14    present for the consideration of the  Department  statements,
15    documents  and  other information with respect to the alleged
16    violation.   After  the  conclusion  of  the   hearing,   the
17    Department  shall  either withdraw the notice of violation or
18    shall request the Attorney General to  institute  proceedings
19    to  have  the  bond  of the operator forfeited as to the land
20    involved.
21        (b)  The Department shall prescribe by  rule  the  events
22    and  conditions  on  the  basis  of  which it may request the
23    Attorney General to institute  bond  forfeiture  proceedings.
24    Such rules shall be no less stringent than the Regulations.
25        (c)  In  the  event  that  the  Department  requests  the
26    Attorney  General  to  institute proceedings to have the bond
27    forfeited, the Department shall send written notification  to
28    the  permittee  and,  if  applicable, the surety on the bond,
29    stating the reasons for its decision and  the  amount  to  be
30    forfeited.
31        (d)  The  amount  of  forfeiture  shall  be  based on the
32    actual cost of the necessary work by a third party to  remedy
33    the  violation,  except  that the amount shall not exceed the
34    amount of the bond or deposit  for  the  area  in  which  the
SB304 Enrolled             -39-                LRB9002358NTsb
 1    violation occurred.
 2        (e)  Any  operator  against  whom  forfeiture proceedings
 3    have been required shall not be issued a permit  for  further
 4    mining  in  Illinois unless he provides additional assurances
 5    satisfactory to the Department that such proceedings will not
 6    again become necessary.
 7        (f)  In the event the bond or deposit for a surface  coal
 8    mining operation on lands eligible for remining is forfeited,
 9    funds  appropriated for expenditure under the Abandoned Mined
10    Lands and Water Reclamation Act may be used if the amount  of
11    the bond or deposit is not sufficient to provide for adequate
12    reclamation or abatement.
13    (Source: P.A. 81-1015.)
14        (225 ILCS 720/6.08) (from Ch. 96 1/2, par. 7906.08)
15        Sec. 6.08.  Release of bonds.
16        (a)  A  permittee  may file a request with the Department
17    for the release of all or  part  of  a  performance  bond  or
18    deposit. Within 30 days after an application for such release
19    has been filed with the Department, the operator shall submit
20    a  copy  of a public notice placed at least once a week for 4
21    successive weeks in a newspaper of general circulation in the
22    locality of the mining operation.  Such public  notice  shall
23    be  considered part of the bond release application and shall
24    contain a notification of the precise location  of  the  land
25    affected, the number of acres, the permit and the date it was
26    approved, the amount of the bond filed and the portion sought
27    to be released, the type and approximate dates of reclamation
28    work  performed, and a description of the results achieved as
29    they relate  to  the  operator's  approved  reclamation.   In
30    addition,  as  part  of  any  bond  release  application, the
31    applicant shall submit copies of letters which he has sent to
32    adjoining property owners, local governmental bodies,  county
33    boards,  planning  agencies,  and  sewage and water treatment
SB304 Enrolled             -40-                LRB9002358NTsb
 1    authorities, or water companies in the locality in which  the
 2    mining  and reclamation operations took place, notifying them
 3    of his intention to seek release from the bond.
 4        (b)  Within 30 days after receipt of the notification and
 5    request, the  Department  shall  conduct  an  inspection  and
 6    evaluation of the reclamation work involved.  Such evaluation
 7    shall  consider, among other things, the degree of difficulty
 8    to complete any remaining reclamation, whether  pollution  of
 9    surface and subsurface water is occurring, the probability of
10    continuance  or  future occurrence of such pollution, and the
11    estimated cost of abating such pollution.
12        (c)  Any person with a valid legal interest  which  might
13    be  adversely  affected by release of the bond or deposit, or
14    the responsible officer or head of  any  Federal,  State,  or
15    local  governmental  agency  which has jurisdiction by law or
16    special expertise with respect to any environmental,  social,
17    or   economic   impact  involved  in  the  operation,  or  is
18    authorized to develop  and  enforce  environmental  standards
19    with  respect to such operations, may file written objections
20    to the proposed release with the Department  within  30  days
21    after   the  last  publication  of  the  notice  provided  in
22    subsection (a) of this Section.  If  written  objections  are
23    filed,  and  a  hearing  is  requested,  the Department shall
24    inform all interested parties of the time and  place  of  the
25    hearing,  and  shall hold a public hearing in the locality of
26    the mining operation proposed for  bond  or  deposit  release
27    within  30  days  after the request for such hearing.  At the
28    option of an objector, hearings shall be held  at  the  State
29    capital.   The  Department shall advertise the date, time and
30    location of such public hearings in a  newspaper  of  general
31    circulation in the locality for 2 consecutive weeks.
32        (d)  The  Department may release in whole or in part said
33    bond  or  deposit  if  the  Department   is   satisfied   the
34    reclamation covered by the bond or deposit or portion thereof
SB304 Enrolled             -41-                LRB9002358NTsb
 1    has  been  accomplished  as required by this Act according to
 2    the following schedule:
 3        (1)  When  the  operator   completes   the   backfilling,
 4    regrading,   and   drainage  control  of  a  bonded  area  in
 5    accordance with an approved reclamation plan, a maximum of 60
 6    per cent of the bond or collateral for the applicable  permit
 7    area may be released.
 8        (2)  After  revegetation  has  been  established  on  the
 9    regraded   mined   lands  in  accordance  with  the  approved
10    reclamation plan, an additional amount of the bond or deposit
11    may be released.  When determining  the  amount  of  bond  or
12    deposit to be released after successful revegetation has been
13    established,  the Department shall retain that amount of bond
14    or deposit for the revegetated area which would be sufficient
15    for  a  third  party  to  pay  the  cost  of   reestablishing
16    revegetation  and  for  the  period  specified  for  operator
17    responsibility.    No  part  of  the bond or deposit shall be
18    released under this paragraph so long as the lands  to  which
19    the  release  would  be applicable are contributing suspended
20    solids to streamflow or runoff outside  the  permit  area  in
21    excess  of  the  requirements  set  by this Act or until soil
22    productivity for prime farmlands has returned  to  equivalent
23    levels of yield as nonmined land of the same soil type in the
24    surrounding area under equivalent management practices.
25        (3)  When  the  operator  has  successfully completed all
26    mining and reclamation activities, the remaining  portion  of
27    the  bond  may  be released, but not before the expiration of
28    the period specified for operator responsibility.
29        (4)  No  bond  shall  be   fully   released   until   all
30    reclamation requirements of the permit and this Act are fully
31    met.
32        (e)  The Department shall notify the permittee in writing
33    of  its  decision to release or not to release all or part of
34    the performance bond or deposit (1) within 60 days after  the
SB304 Enrolled             -42-                LRB9002358NTsb
 1    filing  of  the  request,  if no public hearing is held under
 2    subsection (c) of this Section, or (2) if  a  public  hearing
 3    has been held under subsection (c) of this Section, within 30
 4    days thereafter.
 5        (f)  If  the  Department  disapproves the application for
 6    release of the  bond  or  deposit  or  portion  thereof,  the
 7    Department shall state in writing the reasons for disapproval
 8    and  shall  recommend  corrective actions necessary to secure
 9    said release.  An opportunity for a public hearing  shall  be
10    provided.
11        (g)  If the Department approves the application, it shall
12    notify  the  municipality  and  county  in  which  the mining
13    operation is located by certified mail at least 30 days prior
14    to the release of all or a portion of the bond or deposit.
15        (h)  The Department may by rule  provide  procedures  for
16    the  administration of this Section, including procedures for
17    hearings and informal conferences.
18        (i)  Surface coal mining operations on lands eligible for
19    remining shall not affect the eligibility of those lands  for
20    reclamation  and  restoration under the Abandoned Mined Lands
21    and Water Reclamation Act after the release of  the  bond  or
22    deposit for any such operation under this Section.
23    (Source: P.A. 81-1509.)
24        (225 ILCS 720/7.03) (from Ch. 96 1/2, par. 7907.03)
25        Sec. 7.03.  Procedure for designation.
26        (a)  Any  person  having  an  interest which is or may be
27    adversely affected shall  have  the  right  to  petition  the
28    Department  to  have an area designated as unsuitable for all
29    or certain types of mining operations,  or  to  have  such  a
30    designation   terminated.   Such  a  petition  shall  contain
31    allegations of facts with  supporting  evidence  which  would
32    tend to establish the allegations.
33        (b)  Immediately  after  a petition under this Section is
SB304 Enrolled             -43-                LRB9002358NTsb
 1    received, the Department  shall  prepare  a  land  report  in
 2    accordance with Section 7.04, unless the petition is rejected
 3    by the Department as incomplete, frivolous, or submitted by a
 4    person  lacking  an  interest  which  is  or may be adversely
 5    affected by surface coal mining operations.
 6        (c)  Within 10 months after receipt of the petition,  the
 7    Department shall hold a public hearing in the locality of the
 8    affected  area,  after  appropriate notice and publication of
 9    the date, time, and location of such hearing.    Such  notice
10    and  publication  shall state that a Land Report is available
11    for public inspection and the locations at which  it  may  be
12    inspected.   Such  a  hearing  shall be held not less than 30
13    days  after  the  Land  Report  has  been  prepared  by   the
14    Department  in  accordance with Section 7.04.  After petition
15    is filed under this  Section  and  before  the  hearing,  any
16    person  may  intervene  by  filing  allegations of facts with
17    supporting  evidence  which  would  tend  to  establish   the
18    allegations.
19        (d)  Within  60  days  after such hearing, the Department
20    shall issue and furnish  to  the  petitioner  and  all  other
21    parties  to  the  hearing,  a  written decision regarding the
22    petition, and the reasons therefor.
23        (e)  In the event  that  all  the  petitioners  stipulate
24    agreement  prior to the requested hearing, and withdraw their
25    request, such hearing need not be held.
26        (f)  The  Department  may  by   rule   adopt   additional
27    procedures  for designation of lands under this Article.  The
28    Department  shall  adopt  rules  to  prevent  the  filing  of
29    repetitive or frivolous petitions with respect to  particular
30    lands, and prescribing procedures for expediting decisions on
31    repetitive or frivolous petitions.
32    (Source: P.A. 89-445, eff. 2-7-96.)
33        (225 ILCS 720/7.04) (from Ch. 96 1/2, par. 7907.04)
SB304 Enrolled             -44-                LRB9002358NTsb
 1        Sec. 7.04.  Land Report.
 2        (a)  The  Department  shall  prepare  a  Land Report with
 3    respect to each petition  filed  with  the  Department  under
 4    Section 7.03.  Each Land Report shall evaluate whether mining
 5    operations  on  the land which is the subject of the petition
 6    would have any or all of the effects described in  subsection
 7    (b)  of  Section 7.02.  Each Land Report shall also contain a
 8    detailed statement on (1) the potential coal resources of the
 9    area, (2) the demand for coal resources, and (3)  the  impact
10    of  a  designation  of such lands as unsuitable for mining on
11    the environment, the economy, and the supply  of  coal.   The
12    Land Report shall state objectively the information which the
13    Department  has,  but shall not contain a recommendation with
14    respect to whether the petition should be granted or  denied.
15    Each  Land  Report  shall  be  completed not later than eight
16    months after receipt of  the  petition  filed  under  Section
17    7.03.
18        (b)  Each  Land  Report  shall  be  made available to the
19    public  by  the  Department  at  least  30  days  before  the
20    Department holds a public hearing under Section 7.03.
21    (Source: P.A. 89-445, eff. 2-7-96.)
22        (225 ILCS 720/9.01) (from Ch. 96 1/2, par. 7909.01)
23        Sec. 9.01. Rules.
24        (a)  The Department may  propose,  adopt  and  promulgate
25    reasonable  rules  in  conformity  with  this  Act.   When it
26    proposes or adopts rules the Department  shall  consider  the
27    terrain,  the  climate  and  other  conditions of this State.
28    Rules shall reflect the distinct differences between  surface
29    mining operations and underground mining operations.
30        (b)  Any  person  may  file  a  written petition with the
31    Department proposing the adoption, amendment or repeal of any
32    rule under this Act.  Within 90 days after  a  receipt  of  a
33    petition,   the   Department  shall  initiate  a  rule-making
SB304 Enrolled             -45-                LRB9002358NTsb
 1    proceeding under this Section with respect to such  proposal,
 2    or  deny  such petition, setting forth in writing the reasons
 3    for such denial.
 4        (c)  Prior to the adoption, amendment, or repeal  of  any
 5    rule,  the  Department  shall give at least 45 days notice of
 6    its intended action. This notice period shall commence on the
 7    first day the notice appears in the  Illinois  Register.  The
 8    notice  shall include (1) a text of the proposed rule, or the
 9    old and new materials of a proposed amendment, or the text of
10    the provision to be  repealed;  (2)  the  specific  statutory
11    citation  on  which the proposed rule, the proposed amendment
12    to a rule or the proposed repeal of a rule is  based  and  is
13    authorized;  (3)  a  description  of  the subjects and issues
14    involved; and  (4)  the  time,  place  and  manner  in  which
15    interested  persons  may  present their views and comments on
16    the intended action.  The  notice  shall  be  mailed  to  all
17    persons  who  have  filed  a  request with the Department for
18    advance notice of rule-making proceedings.
19        (d)  All interested persons who submit a  request  within
20    30  days  after notice of the proposed change is published in
21    the  Illinois  Register  shall  be  afforded   a   reasonable
22    opportunity  to  submit  data,  views, arguments or comments,
23    either  orally  or  in  writing  or  both.   The   right   to
24    cross-examine  any witnesses shall be given to any interested
25    parties, if such right is  requested.  The  Department  shall
26    consider  fully  all  written and oral submissions respecting
27    the proposed rule.
28        (e)  No rule may be adopted unless  substantial  evidence
29    in support of such rule is submitted. When a rule is adopted,
30    the  Department  shall  issue  a  concise  statement  of  the
31    principal  reasons  for  or  against  its  adoption,  and its
32    reasons for overruling the considerations urged  against  its
33    adoption.
34        (f)  No  rule  is valid unless adopted in compliance with
SB304 Enrolled             -46-                LRB9002358NTsb
 1    this Section.
 2        (g)  The Department shall  file  in  the  office  of  the
 3    Secretary of State and in the Department's principal office a
 4    certified copy of each rule and modification or repeal of any
 5    rule adopted by it.
 6        (c)  (h)  Each  adopted  rule  is effective 30 days after
 7    filing, unless a later date is specified in the rule. No rule
 8    adopted shall be retroactive. Any  operator  shall  have  the
 9    right  to  proceed  with operations under this Act until such
10    rules are adopted and no such rules shall be made  applicable
11    to any operations prior to the effective date thereof.
12        (d)  (i)  In  addition to the provisions of this Section,
13    and  to  the  extent  consistent  with  this   Section,   the
14    provisions of the Illinois Administrative Procedure Act apply
15    to the adoption of rules under this Act.
16    (Source: P.A. 81-1015.)
17        Section 60. The Toxic Pollution Prevention Act is amended
18    by changing Sections 3 and 5 as follows:
19        (415 ILCS 85/3) (from Ch. 111 1/2, par. 7953)
20        Sec. 3.  Definitions.  As used in this Act:
21        "Agency"  means  the  Illinois  Environmental  Protection
22    Agency.
23        "Center"   means   the   Waste  Management  and  Research
24    Hazardous Waste Research and Information Center.
25        "Person"    means    any     individual,     partnership,
26    co-partnership,   firm,  company,  corporation,  association,
27    joint stock  company,  trust,  political  subdivision,  State
28    agency,   or   any   other   legal   entity,   or  its  legal
29    representative, agent or assigns.
30        "Release" means emission to the air, discharge to surface
31    waters  or  off-site  wastewater  treatment  facilities,   or
32    on-site  release  to  the  land, including but not limited to
SB304 Enrolled             -47-                LRB9002358NTsb
 1    landfills, surface impoundments and injection wells.
 2        "Toxic substance"  means  any  substance  listed  by  the
 3    Agency pursuant to Section 4 of this Act.
 4        "Toxic  pollution  prevention"  means  in-plant practices
 5    that reduce, avoid  or  eliminate:   (i)  the  use  of  toxic
 6    substances,  (ii)  the  generation  of  toxic constituents in
 7    wastes, (iii) the disposal or  release  of  toxic  substances
 8    into  the environment, or (iv) the development or manufacture
 9    of products with toxic constituents, through the  application
10    of any of the following techniques:
11             (1)  input substitution, which refers to replacing a
12        toxic  substance  or  raw  material  used in a production
13        process with a nontoxic or less toxic substance;
14             (2)  product   reformulation,   which   refers    to
15        substituting  for  an existing end product an end product
16        which is nontoxic or less  toxic  upon  use,  release  or
17        disposal;
18             (3)  production  process  redesign  or modification,
19        which refers to developing and using production processes
20        of a different design than those currently used;
21             (4)  production process modernization, which  refers
22        to  upgrading  or  replacing  existing production process
23        equipment or methods  with  other  equipment  or  methods
24        based on the same production process;
25             (5)  improved  operation and maintenance of existing
26        production process equipment and methods, which refers to
27        modifying or adding to  existing  equipment  or  methods,
28        including  but not limited to such techniques as improved
29        housekeeping practices, system adjustments,  product  and
30        process   inspections,  and  production  process  control
31        equipment or methods;
32             (6)  recycling,  reuse  or  extended  use  of  toxic
33        substances by using equipment or methods which become  an
34        integral  part  of  the production process, including but
SB304 Enrolled             -48-                LRB9002358NTsb
 1        not limited to filtration and other closed loop methods.
 2        However, "toxic pollution prevention" shall  not  include
 3    or in any way be inferred to promote or require incineration,
 4    transfer  from  one medium of release to another, off-site or
 5    out of process waste recycling, or end of pipe  treatment  of
 6    toxic substances.
 7        "Trade   secret"   means   any   information   concerning
 8    production  processes  employed  or  substances manufactured,
 9    processed or otherwise  used  within  a  facility  which  the
10    Agency  determines  to satisfy the criteria established under
11    Section 3.48 of the  Environmental  Protection  Act,  and  to
12    which  specific  trade  secret status has been granted by the
13    Agency.
14    (Source: P.A. 86-914.)
15        (415 ILCS 85/5) (from Ch. 111 1/2, par. 7955)
16        Sec. 5.  Toxic Pollution Prevention  Assistance  Program.
17    There  is  hereby  established  a  Toxic Pollution Prevention
18    Assistance Program  at  the  Waste  Management  and  Research
19    Hazardous  Waste  Research and Information Center. The Center
20    may establish cooperative programs with  public  and  private
21    colleges   and   universities   designed   to   augment   the
22    implementation  of  this  Section.   The Center may establish
23    fees, tuition, or other financial charges  for  participation
24    in the Assistance Program. These monies shall be deposited in
25    the  Toxic Pollution Prevention Fund established in Section 7
26    of this Act.  Through the Assistance Program, the Center:
27             (1)  Shall provide  general  information  about  and
28        actively  publicize the advantages of and developments in
29        toxic pollution prevention.
30             (2)  May establish  courses,  seminars,  conferences
31        and  other events, and reports, updates, guides and other
32        publications  and  other  means  of  providing  technical
33        information  for  industries,   local   governments   and
SB304 Enrolled             -49-                LRB9002358NTsb
 1        citizens    concerning    toxic    pollution   prevention
 2        strategies, and may, as appropriate, work in  cooperation
 3        with the Agency.
 4             (3)  Shall  engage  in  research  on toxic pollution
 5        prevention  methods.    Such   research   shall   include
 6        assessments  of  the  impact  of adopting toxic pollution
 7        prevention methods on the environment, the public health,
 8        and worker exposure, and assessments  of  the  impact  on
 9        profitability and employment within affected industries.
10             (4)  Shall  provide on-site technical consulting, to
11        the extent practicable, to help  facilities  to  identify
12        opportunities  for  toxic  pollution  prevention,  and to
13        develop toxic pollution prevention plans.  To be eligible
14        for such consulting, the owner or operator of a  facility
15        must  agree to allow information regarding the results of
16        such consulting to be shared with  the  public,  provided
17        that the identity of the facility shall be made available
18        only with its consent, and trade secret information shall
19        remain protected.
20             (5)  May  sponsor pilot projects in cooperation with
21        the Agency,  or  an  institute  of  higher  education  to
22        develop   and  demonstrate  innovative  technologies  and
23        methods for toxic pollution prevention.  The  results  of
24        all  such  projects  shall  be  available  for use by the
25        public,  but  trade  secret  information   shall   remain
26        protected.
27             (6)  May  award  grants  for activities that further
28        the purposes of this Act, including but  not  limited  to
29        the following:
30                  (A)  grants  to not-for-profit organizations to
31             establish free or low-cost technical  assistance  or
32             educational   programs   to   supplement  the  toxic
33             pollution prevention activities of the Center;
34                  (B)  grants  to  assist   trade   associations,
SB304 Enrolled             -50-                LRB9002358NTsb
 1             business   organizations,  labor  organizations  and
 2             educational  institutions  in  developing   training
 3             materials to foster toxic pollution prevention; and
 4                  (C)  grants   to   assist   industry,  business
 5             organizations,   labor   organizations,    education
 6             institutions  and industrial hygienists to identify,
 7             evaluate and implement  toxic  pollution  prevention
 8             measures  and alternatives through audits, plans and
 9             programs.
10             The Center may establish criteria and terms for such
11        grants, including a requirement that  a  grantee  provide
12        matching  funds.   Grant money awarded under this Section
13        may not be spent for capital improvements or equipment.
14                  In determining whether to award  a  grant,  the
15        Director shall consider at least the following:
16                  (i)  the  potential  of  the project to prevent
17             pollution;
18                  (ii)  the  likelihood  that  the  project  will
19             develop techniques or processes that  will  minimize
20             the  transfer  of  pollution  from one environmental
21             medium to another;
22                  (iii)  the extent to which  information  to  be
23             developed  through the project will be applicable to
24             other persons in the State; and
25                  (iv)  the willingness of the grant applicant to
26             assist the Center in disseminating information about
27             the pollution prevention  methods  to  be  developed
28             through the project.
29             (7)  Shall establish and operate a State information
30        clearinghouse that assembles, catalogues and disseminates
31        information   about   toxic   pollution   prevention  and
32        available consultant services.  Such clearinghouse  shall
33        include  a  computer  database  containing information on
34        managerial,  technical  and  operational  approaches   to
SB304 Enrolled             -51-                LRB9002358NTsb
 1        achieving   toxic  pollution  prevention.   The  computer
 2        database must be  maintained  on  a  system  designed  to
 3        enable  businesses, governmental agencies and the general
 4        public  readily  to  obtain   information   specific   to
 5        production   technologies,   materials,   operations  and
 6        products.  A business shall not be required to submit  to
 7        the clearinghouse any information that is a trade secret.
 8             (8)  May contract with an established institution of
 9        higher education to assist the Center in carrying out the
10        provisions  of  this Section.  The assistance provided by
11        such an institution may include, but need not be  limited
12        to:
13                  (A)  engineering  field  internships  to assist
14             industries in identifying toxic pollution prevention
15             opportunities;
16                  (B)  development   of   a    toxic    pollution
17             prevention curriculum for students and faculty; and
18                  (C)  applied  toxic  pollution  prevention  and
19             recycling research.
20             (9)  Shall  emphasize  assistance to businesses that
21        have inadequate  technical  and  financial  resources  to
22        obtain  information  and  to  assess  and implement toxic
23        pollution prevention methods.
24             (10)  Shall publish a biannual report on  its  toxic
25        pollution prevention activities, achievements, identified
26        problems and future goals.
27    (Source: P.A. 86-914; 86-1363.)
28        Section  65.  The  Illinois  Pollution  Prevention Act is
29    amended by changing Section 10 as follows:
30        (415 ILCS 115/10)
31        Sec. 10.  Definitions.  As used in this Act:
32        "Agency"  means  the  Illinois  Environmental  Protection
SB304 Enrolled             -52-                LRB9002358NTsb
 1    Agency.
 2        "Center"  means  the  Waste   Management   and   Research
 3    Hazardous Waste Research and Information Center.
 4        "Person"     means     any    individual,    partnership,
 5    co-partnership,  firm,  company,  corporation,   association,
 6    joint  stock  company,  trust,  political  subdivision, State
 7    agency,  or  any   other   legal   entity,   or   its   legal
 8    representative, agent or assigns.
 9        "Release" means emission to the air, discharge to surface
10    waters   or  off-site  wastewater  treatment  facilities,  or
11    on-site release to the land, including  but  not  limited  to
12    landfills, surface impoundments and injection wells.
13        "Toxic  or  hazardous  materials" means (i) any materials
14    that are reported to the Agency as released in Illinois under
15    Section 313 of the federal Emergency Planning  and  Community
16    Right  to  Know  Act  of 1986; and (ii) those wastes that are
17    reported as hazardous wastes by hazardous waste generators in
18    Illinois.
19    (Source: P.A. 87-1213.)
20        Section 70.  The Fish and Aquatic Life Code is amended by
21    changing Section 15-35 as follows:
22        (515 ILCS 5/15-35) (from Ch. 56, par. 15-35)
23        Sec. 15-35.  Mussels; open season. Mussels may  be  taken
24    only  during  the  period of April 1 15 to September 30, both
25    inclusive, and then only from sunrise to sunset and  only  by
26    means  of  crowfoot bars or hand picking, with or without the
27    aid of air breathing apparatus; except that in  the  Illinois
28    River  and  Mississippi River, including adjoining back water
29    lakes,  mussels  may  be  taken  during  the  season  by  the
30    additional means of hand rakes, hand forks, or hand  dredges.
31    Mussels  may be taken from the Mississippi, Ohio, Wabash, and
32    Illinois rivers.  Mussel fishing is permitted in other waters
SB304 Enrolled             -53-                LRB9002358NTsb
 1    only upon written authorization from the Department.
 2    (Source: P.A. 87-833.)
 3        Section 75.  The Wildlife Code  is  amended  by  changing
 4    Section 2.26 as follows:
 5        (520 ILCS 5/2.26) (from Ch. 61, par. 2.26)
 6        Sec.  2.26.  Any  person  attempting  to  take deer shall
 7    first obtain a  "Deer  Hunting  Permit"  in  accordance  with
 8    prescribed  regulations  set forth in an Administrative Rule.
 9    Deer Hunting Permits shall be issued by the Department.   The
10    fee  for  a  Deer Hunting Permit to take deer with either bow
11    and arrow or gun shall not exceed $15.00 for residents of the
12    State.  The Department may by administrative rule provide for
13    non-resident deer hunting permits for which the fee will  not
14    exceed   $100  except  as  provided  below  for  non-resident
15    landowners.  Permits shall be issued without charge to:
16             (a)  Illinois landowners residing  in  Illinois  who
17        own  at  least 40 acres of Illinois land and wish to hunt
18        their land only,
19             (b)  resident  tenants  of  at  least  40  acres  of
20        commercial agricultural land where they will hunt, and
21             (c)  shareholders of a  corporation  which  owns  at
22        least  40  acres of land in a county in Illinois who wish
23        to hunt on the corporation's land only.  One permit shall
24        be issued without charge to one shareholder for  each  40
25        acres  of  land  owned  by  the  corporation in a county;
26        however, the number of permits issued without  charge  to
27        shareholders  of  any corporation in any county shall not
28        exceed 15.
29        Bona fide landowners or tenants who do not wish  to  hunt
30    only  on the land they own, rent or lease or shareholders who
31    do not wish to hunt only on the land owned by the corporation
32    shall be charged the same fee as the applicant who is  not  a
SB304 Enrolled             -54-                LRB9002358NTsb
 1    landowner,  tenant  or  shareholder. Nonresidents of Illinois
 2    who own at least 40 acres of land and wish to hunt  on  their
 3    land  only shall be charged a fee set by administrative rule.
 4    The method for obtaining these permits shall be prescribed by
 5    administrative rule.
 6        The deer hunting permit issued without fee shall be valid
 7    on all farm lands which the person to whom it is issued owns,
 8    leases or rents, except that in the case of a  permit  issued
 9    to  a  shareholder,  the  permit  shall be valid on all lands
10    owned by the corporation in the county.
11        The Department may set  aside,  in  accordance  with  the
12    prescribed regulations set forth in an administrative rule of
13    the  Department,  a limited number of Deer Hunting Permits to
14    be available to persons providing evidence of  a  contractual
15    arrangement  to  hunt on properties controlled by a bona fide
16    Illinois outfitter.  The number of available permits shall be
17    based on a percentage of unfilled permits remaining after the
18    previous year's lottery.  Eligible outfitters shall be  those
19    having  membership  in,  and  accreditation  conferred  by, a
20    professional  association  of  outfitters  approved  by   the
21    Department.  The association shall be responsible for setting
22    professional   standards   and   codes  of  conduct  for  its
23    membership, subject to Departmental approval.  In addition to
24    the  fee  normally  charged  for  resident  and   nonresident
25    permits,  a  reservation  fee  not  to  exceed  $200 shall be
26    charged to  the  outfitter  for  each  permit  set  aside  in
27    accordance  with  this  Act.   The  reservation  fee shall be
28    deposited into the Wildlife and Fish Fund.
29        The standards and specifications for use of guns and  bow
30    and   arrow   for   deer  hunting  shall  be  established  by
31    administrative rule.
32        No person may have in his possession any other firearm or
33    sidearm when taking deer by the use of either a shotgun,  bow
34    and arrow or muzzle loading rifle.
SB304 Enrolled             -55-                LRB9002358NTsb
 1        Persons  having  a  firearm  deer hunting permit shall be
 2    permitted to take deer only during the period from  1/2  hour
 3    before  sunrise  to  sunset,  and  only during those days for
 4    which an open season is established for the taking of deer by
 5    use of shotgun or muzzle loading rifle.
 6        Persons having an archery deer hunting  permit  shall  be
 7    permitted  to  take deer only during the period from 1/2 hour
 8    before sunrise to 1/2 hour  after  sunset,  and  only  during
 9    those  days  for  which an open season is established for the
10    taking of deer by use of bow and arrow.
11        It shall be unlawful for any person to take deer  by  use
12    of  dogs, horses, automobiles, aircraft or other vehicles, or
13    by the use  of  salt  or  bait  of  any  kind.   An  area  is
14    considered  as  baited  during  the  presence  of  and for 10
15    consecutive days following the removal of bait.
16        It shall be unlawful to possess  or  transport  any  wild
17    deer  which  has  been injured or killed in any manner upon a
18    public highway or public right-of-way of  this  State  unless
19    exempted by administrative rule.
20        Persons hunting deer must have gun unloaded and no or bow
21    and  arrow  cased, unstrung or otherwise made inoperable by a
22    locking device shall be carried with the arrow in the  nocked
23    position during hours when deer hunting is unlawful.
24        It  shall  be  unlawful  for any person, having taken the
25    legal limit of deer by gun, to further participate  with  gun
26    in any deer hunting party.
27        It  shall  be  unlawful  for any person, having taken the
28    legal limit of deer by bow and arrow, to further  participate
29    with bow and arrow in any deer hunting party.
30        The  Department  may  prohibit upland game hunting during
31    the gun deer season by administrative rule.
32        It shall be legal for handicapped persons, as defined  in
33    Section  2.33,  to  utilize  a crossbow device, as defined in
34    Department rules, to take deer.
SB304 Enrolled             -56-                LRB9002358NTsb
 1        Any person who violates any of  the  provisions  of  this
 2    Section, including administrative rules, shall be guilty of a
 3    Class B misdemeanor.
 4    (Source: P.A.  88-45;  88-416;  88-670, eff. 12-2-94; 89-715,
 5    eff. 2-21-97.)
 6        Section 99.  Effective date.  This Act takes effect  upon
 7    becoming law.

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