91st General Assembly
Summary of HB2970
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Short description: 
AGGREGATE MINING                                                           

Synopsis of Bill as introduced:
        Amends the Surface-Mined Land Conservation and  Reclamation  Act.      
   Makes  changes  in  the  definition  of  "affected  land".   Deletes a      
   provision providing that the Department shall extend a permit  without      
   payment of an additional fee where acreage for which a permit has been      
   in  effect  is  not  mined  or  where  mining operations have not been      
   completed.  Provides that the length of a permit for conservation  and      
   reclamation  is  10 years (was 3 years).  Makes changes in the Section      
   concerning the duties of an operator. Provides  that  certificates  of      
   deposits  may  be  deposited  in  lieu  of  bonds. Deletes a provision      
   allowing the Department to accept existing reclaimed acres  in  excess      
   of   cumulative   permit   or  mined  acres  to  fulfill  surety  bond      
   requirements.  Preempts home rule.  Provides  that  bonding  aggregate      
   mining  operations  under permit of the State is an exclusive power of      
   the State.  Prohibits the retroactive application of the  Department's      
   rules.   Provides  that  the provisions of the Illinois Administrative      
   Procedure Act apply to the adoption of rules under the  Act.   Repeals      
   the  Section  creating  the  Surface  Mining  Advisory Council and the      
   Section  concerning  the  Environmental  Protection   Agency   Permit.      
   Effective immediately.                                                      
          FISCAL NOTE (Department of Natural Resources)                        
          HB 2970 will have no fiscal impact.                                  
          HOME RULE NOTE (Dept. of Commerce and Community Affairs)             
          HB 2970 contains language stating that bonding aggregate mining      
          operations under permit by the State is an exclusive power and       
          function of the State. This provision is a denial and a limi-        
          tation of home rule powers and functions under Article VII,          
          Section 6, subsection (h) of the Illinois Constitution of 1970.      
          Therefore, HB 2970 pre-empts home rule authority.                    
        HOUSE AMENDMENT NO. 1.                                                 
        Restores language requiring the Department to consider the  short      
   and long term impact of the proposed mining on air pollution and noise      
   pollution  when  considering  a  conservation  and  reclamation  plan.      
   Restores language in provisions regarding the covering of acid forming      
   materials  present  in  the exposed face of the mined coal seam or gob      
   not capable of supporting vegetation.                                       
Last action on Bill: PUBLIC ACT.............................. 91-0938

   Last action date: 01-01-11

           Location: House

 Amendments to Bill: AMENDMENTS ADOPTED: HOUSE -   1     SENATE -   0


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