Public Act 094-1101
 		





HB0822 Enrolled
LRB094 07335 DRJ 37493 b






    AN ACT concerning regulation.

 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:

 
    Section 5. The Coal Mining Act is amended  by changing 
Sections 11.08 and 11.09 as follows:
 
    (225 ILCS 705/11.08)

    Sec. 11.08. Self-contained self-rescuer (SCSR) devices; 
caches; strobe lights; luminescent signs.

    (a) An operator must require each person underground to 
carry a SCSR device on his or her person or, alternatively, a 
SCSR device must be kept within 25 feet of the person 
underground or may be kept more than 25 feet from the person 
underground if done according to a plan approved by the Mining 
Board.
    (b) An operator must provide for each person who is 
underground at least one SCSR device, in addition to the device 
required under subsection (a), that provides protection for a 
period of one hour or longer, to cover all persons in the mine. 
This additional SCSR device must be kept within 25 feet of the 
person underground or may be kept more than 25 feet from the 
person underground if done according to a plan approved by the 
Mining Board.
    (c) If a mantrip or mobile equipment is used to enter or 
exit the mine, additional SCSR devices, each of which must 
provide protection for a period of one hour or longer, must be 
available for all persons who use such transportation from 
portal to portal.
    (c-5) Beginning July 31, 2007, in addition to the SCSR 
devices required under subsections (a), (b), and (c) of this 
Section, an operator must provide a minimum of 30 SCSR devices 
in each cache located within a mine.  All SCSR devices required 
under this subsection (c-5) shall be stored in caches that are 
conspicuous and readily accessible by each person in the mine. 
If the average seam height of a mine is:
        (1) less than 40 inches, caches must be located no more 
    than 2,200 feet apart throughout a mine;
        (2) 40 inches or more, but less than 51 inches, caches 
    must be located no more than 3,300 feet apart throughout a 
    mine;
        (3) 51 inches or more, but less than 66 inches, caches 
    must be located no more than 4,400 feet apart throughout a 
    mine; and
        (4) 66 inches or more, caches must be located no more 
    than 5,700 feet apart throughout a mine.
    An operator must submit for approval a plan addressing the 
requirements of this subsection (c-5) to the Mining Board on or 
before May 1, 2007.

    (d) The Mining Board must require all operators to provide 
additional SCSR devices in the primary and alternate escapeways 
to ensure safe evacuation if the Mining Board determines that

If the SCSR devices required under subsections (a), (b), and

(c), and (c-5) are not adequate to provide enough oxygen for 
all persons to safely evacuate the mine under mine emergency 
conditions, the mine operator must provide additional SCSR 
devices in the primary and alternate escapeways to ensure safe 
evacuation for all persons underground through both primary and 
alternate escapeways. The Mining Board must determine the time 
needed for safe evacuation under emergency conditions from each 
of those locations at 1,000 foot intervals. If the Mining Board 
determines that additional SCSR devices are needed under this 
subsection (d), the
The mine operator must submit a SCSR 
storage plan to the Mining Board for approval. The mine 
operator must include in the SCSR storage plan the location, 
quantity, and type of additional SCSR devices, including, but 
not limited to, SCSR devices required under subsections (a), 
(b), (c), and (c-5) of this Section, each of which must provide 
protection for a period of one hour or longer, that are stored 
in the primary and alternate escapeways. The SCSR storage plan 
must also show how each storage location in the primary and 
alternate escapeways was determined. The Mining Board must 
require the mine operator to demonstrate that the location, 
quantity, and type of the additional SCSRs provide protection 
to all persons to safely evacuate the mine. The SCSR storage 
plan must be kept current by the mine operator and made 
available for inspection by an authorized representative of the 
Mining Board and by the miners' representative.

    (e) (Blank)
All SCSR devices required under this Section 
shall be stored in caches that are conspicuous and readily 
accessible by each person in the mine.

    (f) An operator must provide
require luminescent direction 
signs leading to each cache and rescue chamber to be posted in 
a mine, and a luminescent sign with the word
words

"SELF-CONTAINED SELF-RESCUER" or "SELF-CONTAINED

SELF-RESCUERS" must be conspicuously posted at each cache and 
rescue chamber.
    (g) Intrinsically safe, battery-powered strobe lights that 
have been approved by the Department must be affixed to each 
cache and rescue chamber and must be capable of automatic 
activation in the event of an emergency; however, until such 
time as the Department approves intrinsically safe, 
battery-powered strobe lights, reflective tape or any other 
illuminated material approved by the Department must be affixed 
to each cache and rescue chamber in a mine.

    (h) The Mining Board must adopt and impose a plan for the 
daily inspection of SCSR devices required under subsections 
(a), (b), and (c) of this Section in order to ensure that the 
devices perform their designated functions each working day.  
Additional SCSR devices required under subsections (c-5) and

subsection (d) must be inspected every 90 days to ensure that 
the devices perform their designated functions, in addition to 
meeting all federal Mine Safety and Health Administration 
requirements.
    (i) Any person who, without the authorization of the 
operator or the Mining Board, knowingly removes or attempts to 
remove any self-contained self-rescue device,
or

battery-powered strobe light, reflective tape, or any other 
illuminated material approved by the Department from a mine or 
mine site with the intent to permanently deprive the operator 
of the device,
or light, reflective tape, or illuminated 
material or who knowingly tampers with or attempts to tamper 
with the device,
or light, reflective tape, or illuminated 
material is guilty of a Class 4 felony.
    (j) (Blank)
Beginning January 31, 2007, in addition to the 
SCSR devices required under subsections (a), (b), and (c), an 
operator must provide a minimum of 30 SCSR devices in each 
cache located within a mine, in addition to federal Mine Safety 
and Health Administration requirements. Caches must be located 
no more than 4,000 feet apart throughout a mine.

    (k) (Blank)
An operator must submit for approval a plan 
addressing the requirements of subsection (j) of this Section 
to the Mining Board within 3 months after the effective date of 
this amendatory Act of the 94th General Assembly.

(Source: P.A. 94-1041, eff. 7-24-06.)
 
    (225 ILCS 705/11.09)

    Sec. 11.09. Rescue chambers.

    (a) Rescue chambers approved by the Mining Board must be 
provided  at suitable locations throughout a mine. (b) Beginning 
January 31, 2007, rescue chambers approved by the Mining Board

must be provided and located within 3,000 feet of each working 
section of a mine, in accordance with a plan submitted by an 
operator and approved by the Mining Board.

    (b)
(c) An operator must submit a plan for approval 
concerning the construction and maintenance of rescue chambers 
required under this Section to the Mining Board on or before 
May 1, 2007
within 3 months after the effective date of this 
amendatory Act of the 94th General Assembly.

(Source: P.A. 94-1041, eff. 7-24-06.)
 

    Section 99. Effective date. This Act takes effect upon 
becoming law.