COAL & WATER RECLAMATION FUNDS
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SB 3309 — COAL & WATER RECLAMATION FUNDS
Last action — Public Act . . . . . . . . . 100-1099
No card. One bill, free forever — alerts when it moves.
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✓Introduced
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✓In Committee
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✓Passed Senate
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✓Passed House
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✓To Executive
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6Enacted
This bill has been enacted into law. Introduced February 16, 2018. Enacted.
Prognosis
Where this bill stands today.
Odds of enactment
HighHow often bills like it became law.
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Enacted
Current position in the legislative process.
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1 sponsor
0 primary, 1 co-sponsors signed on.
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Cleared a recorded vote
Passed 2 recorded votes so far.
Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.
Summary
Amends the Abandoned Mined Lands and Water Reclamation Act. Provides that expenditures on abandoned lands may be used for the restoration of land and water resources and the environment that have been degraded by the adverse effects of coal mining practices and are adjacent to a site. Provides that the Department of Natural Resources may set aside up to 30 percent of each year's allocation of available abandoned mine reclamation funds distributed annually from the State share and historic coal share funds into a separate fund for the abatement of the causes and treatment of the effects of acid mine drainage in a comprehensive manner within qualified hydrologic units affected by coal mining practices. Provides that these funds shall be deposited into a special State account and will be used and accounted for in accordance with all applicable State and federal regulations used solely to achieve the priorities stated in Title IV of the federal Surface Mining Control and Reclamation Act of 1977. Repeals a provision providing that open and abandoned tunnels, shafts, and entryways and abandoned and deteriorating equipment, structures, and facilities resulting from any previous non-coal mining operations constitute a hazard to the public health and safety. Defines "qualified hydrologic unit". Makes other changes.
Bill Text
What changed in the latest version
10 added · 10 removedPlain-language change summary
The revised version of SB 3309 has replaced the term "Engrossed" with "Enrolled," indicating that the bill has moved to its final stage before becoming law. This change shows that the bill has passed through all necessary revisions and is now ready for final approval or signature. This distinction is important because it signifies that the bill is closer to being enacted and could soon impact the relevant policy areas it addresses.
SB3309 EngrossedEnrolled LRB100 18759 SLF 33994 b AN ACT concerning State government.
(1) the protection of public health, safety, general SB3309 EngrossedEnrolled - 2 - LRB100 18759 SLF 33994 b welfare, and property from extreme danger of adverse effects of coal mining practices or the restoration of land and water resources and the environment that have been degraded by the adverse effects of coal mining practices and are adjacent to a site that has been or will be remediated under this subparagraph (1);
the development of publicly owned land SB3309 EngrossedEnrolled - 3 - LRB100 18759 SLF 33994 b adversely affected by coal mining practices including land acquired as provided in this Act for recreation and historic purposes, conservation, and reclamation purposes and open space benefits.
(a) The Department or such agency or department of State government as the Department may designate pursuant to subsection (d) of Section 3.05 may enter and reclaim abandoned SB3309 EngrossedEnrolled - 4 - LRB100 18759 SLF 33994 b lands under this Section if the Department finds that:
(b) After (1) the findings required by subsection (a) of this Section have been made, and (2) giving notice by mail return receipt requested to the owners if known or if not known by posting notice upon the premises and advertising once in a newspaper of general circulation in the municipality in which the land lies, the Department or such agency or department of State government as the Department may designate pursuant to subsection (d) of Section 3.05 shall have the right to enter on the property adversely affected by past mining practices and any other property to have access to such property to do all things necessary or expedient to restore, reclaim, abate, SB3309 EngrossedEnrolled - 5 - LRB100 18759 SLF 33994 b control, or prevent the adverse effects.
(b) Entry under this Section shall be construed as an SB3309 EngrossedEnrolled - 6 - LRB100 18759 SLF 33994 b exercise of the police power for the protection of public health and, safety, and general welfare and shall not be construed as an Act of condemnation of property nor trespass thereon.
(b) No lien shall be filed under this Section against the SB3309 EngrossedEnrolled - 7 - LRB100 18759 SLF 33994 b property of any person, who owned the surface prior to May 2, 1977, and who neither consented to nor participated in nor exercised control over the mining operation which necessitated the reclamation performed hereunder.
To the extent that it is consistent with the Federal Surface Mining Control and Reclamation Act of 1977, Public Law SB3309 EngrossedEnrolled - 8 - LRB100 18759 SLF 33994 b P.L.
Except for those non-coal reclamation projects relating to the protection of the public health or safety which shall be accorded a high priority, non-coal reclamation expenditures shall be made only SB3309 EngrossedEnrolled - 9 - LRB100 18759 SLF 33994 b after all reclamation with respect to abandoned coal lands or coal development impacts has been accomplished.
(a) The Department may set aside up to 30% of each year's allocation of available abandoned mine reclamation funds distributed annually from the State share and historic coal share funds into a separate fund for the abatement of the SB3309 EngrossedEnrolled - 10 - LRB100 18759 SLF 33994 b causes and treatment of the effects of acid mine drainage in a comprehensive manner within qualified hydrologic units affected by coal mining practices.
Action History
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Public Act . . . . . . . . . 100-1099
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Effective Date January 1, 2019
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Governor Approved
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Sent to the Governor
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Passed Both Houses
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Third Reading - Short Debate - Passed 107-000-001
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Placed on Calendar Order of 3rd Reading - Short Debate
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Held on Calendar Order of Second Reading - Short Debate
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Second Reading - Short Debate
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Placed on Calendar 2nd Reading - Short Debate
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Do Pass / Short Debate Environment; 013-000-000
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Final Action Deadline Extended-9(b) May 31, 2018
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Assigned to Environment
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Referred to Rules Committee
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First Reading
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Chief House Sponsor Rep. Terri Bryant
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Added as Co-Sponsor Sen. Laura M. Murphy
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Arrived in House
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Third Reading - Passed; 053-000-000
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Placed on Calendar Order of 3rd Reading April 23, 2018
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Second Reading
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Placed on Calendar Order of 2nd Reading April 17, 2018
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Do Pass Environment and Conservation; 005-000-000
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Assigned to Environment and Conservation
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Referred to Assignments
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First Reading
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Filed with Secretary by Sen. Paul Schimpf
Sponsors
- Paul Schimpf · Cosponsor
Sponsorship breakdown
Export CSV (upgrade) →0 sponsors · 1 co-sponsors · 182 not signed on
Sponsors (0)
None.
Co-sponsors (1)
- Paul Schimpf
Not signed on (182)
182 members have not signed on to this bill.
Show all 182 →"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.
Votes
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 65 | 0 | 0 | 9 |
| Republican | 12 | 0 | 0 | 0 |
| Democrat | 30 | 0 | 0 | 2 |
| Total | 107 | 0 | 0 | 11 |
| % of votes cast | 91% | 0% | 0% | 9% |
How each member voted (118)
| Member | Party | Vote |
|---|---|---|
| Batinick | — | Yea |
| Bellock | — | Yea |
| Bourne | — | Yea |
| Breen | — | Yea |
| Bristow | — | Yea |
| Butler | — | Yea |
| Carroll | — | Yea |
| Conroy | — | Yea |
| Conyears-Ervin | — | Yea |
| Costello | — | Yea |
| Flowers | — | Yea |
| Fortner | — | Yea |
| Frese | — | Yea |
| Pritchard | — | Yea |
| Sente | — | Yea |
| Skillicorn | — | Yea |
| Bennett | — | Yea |
| Sauer | — | Yea |
| Brady | — | Yea |
| Harris, David | — | Yea |
| Harris, Gregory | — | Yea |
| Hernandez | — | Yea |
| Greenwood | — | Yea |
| Hays | — | Yea |
| Hurley | — | Yea |
| Ives | — | Yea |
| Jesiel | — | Yea |
| Lang | — | Yea |
| Jones | — | Yea |
| Long | — | Yea |
| McAuliffe | — | Yea |
| McDermed | — | Yea |
| McSweeney | — | Yea |
| Davis | — | Yea |
| Phillips | — | Not Voting |
| Soto | — | Not Voting |
| Wheeler, Barbara | — | Yea |
| Wheeler, Keith | — | Yea |
| Mitchell, Bill | — | Yea |
| Williams | — | Yea |
| Mitchell, Christian | — | Yea |
| Stratton | — | Not Voting |
| Finnie, Natalie | — | Yea |
| Tabares | — | Yea |
| Thapedi | — | Yea |
| Turner | — | Not Voting |
| Burke, Kelly | — | Not Voting |
| Unes | — | Yea |
| Burke, Daniel | — | Not Voting |
| Cavaletto | — | Yea |
| Connor | — | Yea |
| Currie | — | Yea |
| D'Amico | — | Yea |
| Demmer | — | Yea |
| Drury | — | Not Voting |
| Durkin | — | Yea |
| Jimenez | — | Yea |
| Wehrli | — | Yea |
| Willis | — | Yea |
| Winger | — | Yea |
| Zalewski | — | Yea |
| Olsen | — | Yea |
| Parkhurst | — | Yea |
| Reis | — | Not Voting |
| Riley | — | Yea |
| Sommer | — | Yea |
| Stewart | — | Yea |
| Wallace | — | Yea |
| Welter | — | Yea |
| Yingling | — | Yea |
| Madigan | — | Not Voting |
| Andersson | — | Yea |
| Arroyo | — | Yea |
| Chapa LaVia | — | Yea |
| Anna Moeller | Democrat | Yea |
| Anthony DeLuca | Democrat | Yea |
| Camille Y. Lilly | Democrat | Yea |
| Carol Ammons | Democrat | Not Voting |
| Emanuel "Chris" Welch | Democrat | Yea |
| Fred Crespo | Democrat | Yea |
| Jaime M. Andrade, Jr. | Democrat | Yea |
| Jay Hoffman | Democrat | Yea |
| Jehan Gordon-Booth | Democrat | Yea |
| Julie A. Morrison | Democrat | Yea |
| Justin Slaughter | Democrat | Yea |
| Katie Stuart | Democrat | Yea |
| Kelly M. Cassidy | Democrat | Yea |
| La Shawn K. Ford | Democrat | Not Voting |
| Laura Fine | Democrat | Yea |
| Lawrence "Larry" Walsh, Jr. | Democrat | Yea |
| Marcus C. Evans, Jr. | Democrat | Yea |
| Martin J. Moylan | Democrat | Yea |
| Michael W. Halpin | Democrat | Yea |
| Michelle Mussman | Democrat | Yea |
| Natalie A. Manley | Democrat | Yea |
| Nicholas K. Smith | Democrat | Yea |
| Rita Mayfield | Democrat | Yea |
| Robert "Bob" Rita | Democrat | Yea |
| Robert F. Martwick | Democrat | Yea |
| Robyn Gabel | Democrat | Yea |
| Sara Feigenholtz | Democrat | Yea |
| Sonya M. Harper | Democrat | Yea |
| Stephanie A. Kifowit | Democrat | Yea |
| Sue Scherer | Democrat | Yea |
| Theresa Mah | Democrat | Yea |
| Will Guzzardi | Democrat | Yea |
| Brad Halbrook | Republican | Yea |
| Charles Meier | Republican | Yea |
| Christopher "C.D." Davidsmeyer | Republican | Yea |
| Dan Swanson | Republican | Yea |
| Dave Severin | Republican | Yea |
| Joe C. Sosnowski | Republican | Yea |
| John M. Cabello | Republican | Yea |
| Norine K. Hammond | Republican | Yea |
| Ryan Spain | Republican | Yea |
| Steven Reick | Republican | Yea |
| Terri Bryant | Republican | Yea |
| Tony M. McCombie | Republican | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 30 | 0 | 0 | 5 |
| Republican | 9 | 0 | 0 | 0 |
| Democrat | 14 | 0 | 0 | 1 |
| Total | 53 | 0 | 0 | 6 |
| % of votes cast | 90% | 0% | 0% | 10% |
How each member voted (59)
| Member | Party | Vote |
|---|---|---|
| Bertino-Tarrant | — | Yea |
| Biss | — | Yea |
| Bivins | — | Yea |
| Bush | — | Yea |
| Muñoz | — | Yea |
| McCann | — | Yea |
| McCarter | — | Yea |
| McConnaughay | — | Yea |
| Rooney | — | Yea |
| Bennett | — | Yea |
| Harris | — | Yea |
| McGuire | — | Yea |
| Haine | — | Yea |
| Link | — | Yea |
| Mulroe | — | Yea |
| Brady | — | Yea |
| Nybo | — | Yea |
| Oberweis | — | Yea |
| Cullerton | — | Yea |
| Raoul | — | Yea |
| Cullerton, T. | — | Yea |
| Silverstein | — | Not Voting |
| Clayborne | — | Not Voting |
| Connelly | — | Yea |
| Steans | — | Yea |
| Hutchinson | — | Not Voting |
| Righter | — | Not Voting |
| Sandoval | — | Yea |
| Schimpf | — | Yea |
| Landek | — | Not Voting |
| Manar | — | Yea |
| Althoff | — | Yea |
| Martinez | — | Yea |
| Barickman | — | Yea |
| Van Pelt | — | Yea |
| Bill Cunningham | Democrat | Yea |
| Cristina Castro | Democrat | Yea |
| David Koehler | Democrat | Yea |
| Don Harmon | Democrat | Yea |
| Elgie R. Sims, Jr. | Democrat | Not Voting |
| Emil Jones, III | Democrat | Yea |
| Julie A. Morrison | Democrat | Yea |
| Kimberly A. Lightford | Democrat | Yea |
| Lakesia Collins | Democrat | Yea |
| Laura M. Murphy | Democrat | Yea |
| Linda Holmes | Democrat | Yea |
| Mattie Hunter | Democrat | Yea |
| Michael E. Hastings | Democrat | Yea |
| Omar Aquino | Democrat | Yea |
| Steve Stadelman | Democrat | Yea |
| Chapin Rose | Republican | Yea |
| Dale Fowler | Republican | Yea |
| Dan McConchie | Republican | Yea |
| Dave Syverson | Republican | Yea |
| Jil Tracy | Republican | Yea |
| John F. Curran | Republican | Yea |
| Neil Anderson | Republican | Yea |
| Sue Rezin | Republican | Yea |
| Travis Weaver | Republican | Yea |
Subjects
Frequently asked questions
- What does SB 3309 do?
- Amends the Abandoned Mined Lands and Water Reclamation Act. Provides that expenditures on abandoned lands may be used for the restoration of land and water resources and the environment that have been degraded by the adverse effects of coal mining practices and are adjacent to a site. Provides that the Department of Natural Resources may set aside up to 30 percent of each year's allocation of available abandoned mine reclamation funds distributed annually from the State share and historic coal share funds into a separate fund for the abatement of the causes and treatment of the effects of acid mine drainage in a comprehensive manner within qualified hydrologic units affected by coal mining practices. Provides that these funds shall be deposited into a special State account and will be used and accounted for in accordance with all applicable State and federal regulations used solely to achieve the priorities stated in Title IV of the federal Surface Mining Control and Reclamation Act of 1977. Repeals a provision providing that open and abandoned tunnels, shafts, and entryways and abandoned and deteriorating equipment, structures, and facilities resulting from any previous non-coal mining operations constitute a hazard to the public health and safety. Defines "qualified hydrologic unit". Makes other changes.
- Who sponsors SB 3309?
- SB 3309 is sponsored by Paul Schimpf.
- What is the current status of SB 3309?
- This bill has been enacted into law. Introduced February 16, 2018. Enacted.
- Where can I track SB 3309?
- Track SB 3309 free on One Click Politics — get push/email alerts when it moves.
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