House Sponsors: HARTKE-REITZ-SMITH,MICHAEL-POE AND LAWFER. Senate Sponsors: SIEBEN-O'DANIEL-MYERS,J 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 END OF INQUIRY Full Text Bill Status