Illinois 94th Regular Session Status: Enacted

SB 1909 — COAL COMBUSTION BY-PRODUCT

Last action — Public Act . . . . . . . . . 94-0066

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Senate
  4. ✓
    Passed House
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced February 25, 2005. Enacted.

Prognosis

Likely to advance 70% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 1 sponsor

    0 primary, 1 co-sponsors signed on.

  • Cleared a recorded vote

    Passed 3 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 Environmental Protection Act. Includes additional materials within the definition of "coal combustion by-product" (CCB). Provides that, in certain circumstances, the EPA must (instead of "may") make written beneficial use determinations that coal-combustion waste is a CCB. Sets forth the procedures for the application for and approval and renewal of a beneficial use determination. Provides that CCB for which a beneficial use determination is approved shall be considered CCB for as long as it is used in accordance with the approval and any conditions of the approval.

Bill Text

What changed in the latest version

109 added · 100 removed

Plain-language change summary

The bill SB 1909 has been amended to clarify the conditions under which users of coal combustion byproducts (CCB) must notify the relevant agency about their projects. Key changes include specifying which metals must be tested and adding new exemptions for smaller projects, making it easier for some users to comply with the requirements. These updates aim to streamline the process for using CCB while still ensuring safety and environmental standards are met.

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Latest
SB1909 Engrossed LRB094 09267 RSP 39503 b AN ACT concerning safety.
SB1909 Enrolled LRB094 09267 RSP 39503 b AN ACT concerning safety.
(5) Use as a substitute for lime (CaO and MgO) in the lime stabilization or modification of soils providing the SB1909 Engrossed - 2 - LRB094 09267 RSP 39503 b CCB meets the IDOT Illinois Department of Transportation ("IDOT") specifications for soil modifiers byproduct limes.
(5) Use as a substitute for lime (CaO and MgO) in the lime stabilization or modification of soils providing the SB1909 Enrolled - 2 - LRB094 09267 RSP 39503 b CCB meets the IDOT Illinois Department of Transportation ("IDOT") specifications for soil modifiers byproduct limes.
(a-5) (10) Except to the extent that the uses are otherwise authorized by law without such restrictions, the uses specified in items (a)(3)(A), (a)(7), and (a)(8)(7) through (9) shall be subject to the following conditions:
(a-5) (10) Except to the extent that the uses are otherwise authorized by law without such restrictions, the uses specified in items (a)(3)(A) and (a)(7) through (9) shall be subject to the following conditions:
(B) CCB shall not exceed Class I Groundwater Standards for the following parameters metals when tested utilizing test method ASTM D3987-85:
(B) CCB shall not exceed Class I Groundwater Standards for metals when tested utilizing test method ASTM D3987-85.
arsenic, barium, cadmium, antimony, beryllium, chromium, cobalt, copper, iron, lead, manganese, mercury, nickel, selenium, silver, thallium, and zinc.
(C) Unless otherwise exempted, users of CCB for the purposes described in items (a)(3)(A), (a)(7), and (a)(8) of this Section shall provide notification to the Agency for each project utilizing CCB documenting the quantity of CCB utilized and certification of compliance with conditions (A) and (B) of this subsection.
(C) Unless otherwise exempted, users of CCB for the purposes described in items (a)(3)(A) and (a)(7) through (9) of this Section shall provide notification to the Agency for each project utilizing CCB documenting the quantity of CCB utilized and certification of compliance with conditions (A) and (B) of this subsection.
Notification shall not be required for users of CCB for purposes described in items (a)(1), (a)(2), (a)(3)(B), (a)(4), (a)(5), (a)(6), and (a)(9) of this Section, or as required SB1909 Engrossed - 3 - LRB094 09267 RSP 39503 b specifically under a beneficial use determination as provided under this Section, or pavement base, parking lot base, or building base projects utilizing less than 10,000 tons, flowable fill/grout projects utilizing less than 1,000 cubic yards or other applications utilizing less than 100 tons.
Notification shall not be required for users of CCB for purposes described in items (a)(1), (a)(2), (a)(3)(B), (a)(4), (a)(5) and (a)(6) of this Section, or as required specifically under a beneficial use determination as provided under this Section, or pavement base, parking lot base, or building base projects utilizing less than 10,000 SB1909 Enrolled - 3 - LRB094 09267 RSP 39503 b tons, flowable fill/grout projects utilizing less than 1,000 cubic yards or other applications utilizing less than 100 tons.
and the use constitutes a legitimate use of the coal-combustion waste as an ingredient or raw material that is an effective substitute for an analogous ingredient or raw material if the use has been shown to have no adverse environmental impact greater than the beneficial uses specified, in consultation with the Department of Mines and Minerals, the Illinois Clean Coal Institute, the Department of SB1909 Engrossed - 4 - LRB094 09267 RSP 39503 b Transportation, and such other agencies as may be appropriate.
and the use constitutes a legitimate use of the coal-combustion waste as an ingredient or raw material that is an effective substitute for an analogous ingredient or raw material if the use has been shown to have no adverse environmental impact greater than the beneficial uses specified, in consultation with the Department of Mines and Minerals, the Illinois Clean Coal Institute, the Department of Transportation, and such other agencies as may be appropriate.
The Agency’s beneficial use determinations may allow the uses set forth in items (a)(3)(A), (a)(7), and (a)(8) of this Section without the CCB being subject to the restrictions set forth in subdivisions (a-5)(B) and (a-5)(E) of this Section.
The Agency’s beneficial use determinations may allow the uses set forth in items (a)(3)(A) and (a)(7) through (9) of SB1909 Enrolled - 4 - LRB094 09267 RSP 39503 b this Section without the CCB being subject to the restrictions set forth in subdivisions (a-5)(B) and (a-5)(E) of this Section.
Notwithstanding the other provisions of this subsection (b), written beneficial use determination applications for the use of CCB at sites governed by the federal Surface Mining Control and Reclamation Act of 1977 (P.L.
95-87) or the rules and regulations thereunder, or by any law or rule or regulation adopted by the State of Illinois pursuant thereto, shall be reviewed and approved by the Office of Mines and Minerals within the Department of Natural Resources pursuant to 62 Ill.
Adm.
Code §§ 1700-1850.
Further, appeals of those SB1909 Enrolled - 5 - LRB094 09267 RSP 39503 b determinations shall be made pursuant to the Illinois Administrative Review Law.
Prior to the effective date of Board rules adopted under this subsection (b), the Agency is authorized to make beneficial use SB1909 Engrossed - 5 - LRB094 09267 RSP 39503 b determinations in accordance with this subsection (b).
Prior to the effective date of Board rules adopted under this subsection (b), the Agency is authorized to make beneficial use determinations in accordance with this subsection (b).
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Action History

  1. Public Act . . . . . . . . . 94-0066

  2. Effective Date January 1, 2006

  3. Governor Approved

  4. Sent to the Governor

  5. Passed Both Houses

  6. Added as Co-Sponsor Sen. Gary Forby

  7. House Committee Amendment No. 1 Senate Concurs 058-000-001

  8. Added as Co-Sponsor Sen. Deanna Demuzio

  9. House Committee Amendment No. 1 Motion To Concur Recommended Do Adopt Environment & Energy; 008-000-000

  10. House Committee Amendment No. 1 Motion to Concur Rules Referred to Environment & Energy

  11. House Committee Amendment No. 1 Motion to Concur Referred to Rules

  12. House Committee Amendment No. 1 Motion to Concur Filed with Secretary Sen. William R. Haine

  13. Placed on Calendar Order of Concurrence House Amendment(s) 01-May 27, 2005.

  14. Secretary's Desk - Concurrence House Amendment(s) 01

  15. Third Reading - Short Debate - Passed 116-000-000

  16. Placed on Calendar Order of 3rd Reading - Short Debate

  17. Second Reading - Short Debate

  18. Placed on Calendar 2nd Reading - Short Debate

  19. Do Pass as Amended / Short Debate Environment & Energy Committee; 014-000-000

  20. House Committee Amendment No. 1 Adopted in Environment & Energy Committee; by Voice Vote

  21. House Committee Amendment No. 1 Filed with Clerk by Environment & Energy Committee

  22. Motion to Suspend Rule 25 - Prevailed

  23. Added Alternate Chief Co-Sponsor Rep. Thomas Holbrook

  24. Assigned to Environment & Energy Committee

  25. Committee/Final Action Deadline Extended-9(b) May 31, 2005

  26. Rule 19(a) / Re-referred to Rules Committee

  27. Added Alternate Chief Co-Sponsor Rep. James H. Meyer

  28. Alternate Chief Sponsor Changed to Rep. Dan Reitz

  29. Assigned to Executive Committee

  30. Referred to Rules Committee

  31. First Reading

  32. Chief House Sponsor Rep. James H. Meyer

  33. Placed on Calendar Order of First Reading

  34. Arrived in House

  35. Third Reading - Passed; 054-001-000

  36. Placed on Calendar Order of 3rd Reading April 14, 2005

  37. Senate Floor Amendment No. 1 Adopted; Haine

  38. Second Reading

  39. Senate Floor Amendment No. 1 Recommend Do Adopt Environment & Energy; 013-000-000

  40. Senate Floor Amendment No. 1 Rules Refers to Environment & Energy

  41. Senate Floor Amendment No. 1 Referred to Rules

  42. Senate Floor Amendment No. 1 Filed with Secretary by Sen. William R. Haine

  43. Placed on Calendar Order of 2nd Reading March 17, 2005

  44. Do Pass Environment & Energy; 009-000-000

  45. Postponed - Environment & Energy

  46. Added as Chief Co-Sponsor Sen. Dave Sullivan

  47. Assigned to Environment & Energy

  48. Referred to Rules

  49. First Reading

  50. Filed with Secretary by Sen. William R. Haine

Sponsors

  • William R. Haine · Cosponsor

Sponsorship breakdown

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0 sponsors · 1 co-sponsors · 182 not signed on

Sponsors (0)

None.

Co-sponsors (1)

  • William R. Haine

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.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Concurrence

Passed 58 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 52001
Democrat 5000
Republican 1000
Total 58001
% of votes cast 98%0%0%2%
How each member voted (59)
Member Party Vote
Sandoval — Not Voting
Schoenberg — Yea
Shadid — Yea
Sieben — Yea
Silverstein — Yea
Luechtefeld — Yea
Maloney — Yea
Althoff — Yea
Martinez — Yea
Bomke — Yea
Burzynski — Yea
Clayborne — Yea
Dillard — Yea
Halvorson — Yea
Hendon — Yea
Meeks — Yea
Peterson — Yea
Munoz — Yea
Brady — Yea
Sullivan, D. — Yea
Sullivan, J. — Yea
Petka — Yea
Garrett — Yea
Geo-Karis — Yea
Haine — Yea
Lauzen — Yea
Link — Yea
Jacobs — Yea
Jones, J. — Yea
Cullerton — Yea
Watson — Yea
Jones, W. — Yea
Demuzio — Yea
Radogno — Yea
Trotter — Yea
Viverito — Yea
Wilhelmi — Yea
Winkel — Yea
Wojcik — Yea
Cronin — Yea
Crotty — Yea
Dahl — Yea
DeLeo — Yea
Forby — Yea
Pankau — Yea
Raoul — Yea
Rauschenberger — Yea
Righter — Yea
Risinger — Yea
Ronen — Yea
Roskam — Yea
Rutherford — Yea
del Valle — Yea
Don Harmon Democrat Yea
Emil Jones, III Democrat Yea
Kimberly A. Lightford Democrat Yea
Lakesia Collins Democrat Yea
Mattie Hunter Democrat Yea
Dave Syverson Republican Yea

Official roll call →

Third Reading

Passed 116 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 104002
Democrat 9000
Republican 3000
Total 116002
% of votes cast 98%0%0%2%
How each member voted (118)
Member Party Vote
Sacia — Yea
Saviano — Yea
Schmitz — Yea
Schock — Yea
Soto — Yea
Winters — Yea
Lindner — Yea
Madigan — Yea
Acevedo — Yea
Bassi — Yea
Mathias — Yea
Beaubien — Yea
Beiser — Yea
Bellock — Yea
Berrios — Yea
Mautino — Yea
Biggins — Yea
Black — Yea
Boland — Yea
May — Yea
Bost — Yea
Brauer — Yea
Brosnahan — Yea
Colvin — Yea
Coulson — Yea
Hassert — Yea
Hultgren — Yea
Jefferson — Yea
Jenisch — Yea
Osmond — Yea
Lang — Yea
Leitch — Yea
Bailey — Yea
McAuliffe — Yea
McCarthy — Yea
Lyons, Eileen — Yea
Mendoza — Yea
Meyer — Yea
Reitz — Yea
Lyons, Joseph — Yea
Millner — Yea
Scully — Yea
Sommer — Yea
McGuire — Yea
Bradley, John — Yea
Bradley, Richard — Yea
Brady — Yea
Dugan — Yea
Dunkin — Yea
Dunn — Yea
Eddy — Yea
Flider — Yea
Flowers — Yea
Franks — Yea
Fritchey — Yea
Froehlich — Yea
Giles — Yea
Gordon — Yea
Graham — Yea
Granberg — Yea
Krause — Yea
Mitchell, Bill — Yea
Hannig — Yea
Burke — Yea
Sullivan — Yea
Mitchell, Jerry — Yea
McKeon — Not Voting
Moffitt — Yea
Molaro — Yea
Mulligan — Yea
Munson — Yea
Howard — Yea
Myers — Yea
Nekritz — Yea
Parke — Yea
Watson — Yea
Phelps — Yea
Jones — Yea
Tenhouse — Yea
Tryon — Yea
Davis, Monique — Yea
Turner — Yea
Verschoore — Yea
Wait — Yea
Washington — Yea
Yarbrough — Yea
Younge — Not Voting
Chavez — Yea
Churchill — Yea
Cross — Yea
Cultra — Yea
Currie — Yea
D'Amico — Yea
Daniels — Yea
Hamos — Yea
Holbrook — Yea
Jakobsson — Yea
Kosel — Yea
Osterman — Yea
Patterson — Yea
Pihos — Yea
Poe — Yea
Pritchard — Yea
Reis — Yea
Ryg — Yea
Chapa LaVia — Yea
Eva-Dina Delgado Democrat Yea
Jay Hoffman Democrat Yea
Lakesia Collins Democrat Yea
Michael J. Kelly Democrat Yea
Nicholas K. Smith Democrat Yea
Patrick J. Joyce Democrat Yea
Robert "Bob" Rita Democrat Yea
Sara Feigenholtz Democrat Yea
William "Will" Davis Democrat Yea
Brad Stephens Republican Yea
Chapin Rose Republican Yea
Chris Miller Republican Yea

Official roll call →

Third Reading

Passed 54 Yea · 1 Nay · 4 Other
Party YeaNayPresentNot Voting
Unaffiliated 48104
Republican 1000
Democrat 5000
Total 54104
% of votes cast 92%2%0%7%
How each member voted (59)
Member Party Vote
Sandoval — Nay
Lauzen — Yea
Althoff — Yea
Martinez — Yea
Bomke — Yea
Burzynski — Yea
Cronin — Not Voting
Forby — Yea
Haine — Yea
Halvorson — Yea
Hendon — Yea
Meeks — Yea
Peterson — Yea
Radogno — Yea
Schoenberg — Yea
Shadid — Yea
Sieben — Yea
Silverstein — Yea
Munoz — Yea
Trotter — Yea
Brady — Yea
Viverito — Yea
Sullivan, D. — Yea
Sullivan, J. — Yea
Petka — Yea
Jacobs — Yea
Jones, J. — Yea
Cullerton — Yea
Clayborne — Yea
Crotty — Yea
Garrett — Yea
Geo-Karis — Yea
Watson — Yea
Jones, W. — Yea
Demuzio — Yea
Link — Yea
Luechtefeld — Yea
Maloney — Yea
Wilhelmi — Yea
Winkel — Not Voting
Wojcik — Yea
Dahl — Yea
DeLeo — Yea
Dillard — Not Voting
Pankau — Yea
Raoul — Yea
Rauschenberger — Not Voting
Righter — Yea
Risinger — Yea
Ronen — Yea
Roskam — Yea
Rutherford — Yea
del Valle — Yea
Don Harmon Democrat Yea
Emil Jones, III Democrat Yea
Kimberly A. Lightford Democrat Yea
Lakesia Collins Democrat Yea
Mattie Hunter Democrat Yea
Dave Syverson Republican Yea

Official roll call →

Subjects

environment
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Frequently asked questions

What does SB 1909 do?
Amends the Environmental Protection Act. Includes additional materials within the definition of "coal combustion by-product" (CCB). Provides that, in certain circumstances, the EPA must (instead of "may") make written beneficial use determinations that coal-combustion waste is a CCB. Sets forth the procedures for the application for and approval and renewal of a beneficial use determination. Provides that CCB for which a beneficial use determination is approved shall be considered CCB for as long as it is used in accordance with the approval and any conditions of the approval.
Who sponsors SB 1909?
SB 1909 is sponsored by William R. Haine.
What is the current status of SB 1909?
This bill has been enacted into law. Introduced February 25, 2005. Enacted.
Where can I track SB 1909?
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