SB 3073

Abstract

Amends the Environmental Protection Act. Provides that all CCR generated by the electric generating industry located in a municipality bordering Lake Michigan with greater than 75,000 inhabitants but fewer than 150,000 inhabitants shall be removed from the site. Provides that, notwithstanding any other provision of law, the amendatory provisions do not impact any financial obligation arising before their effective date. Effective immediately. Senate Floor Amendment No. 2 Adds reference to: 415 ILCS 5/22.59 Replaces everything after the enacting clause. Amends the Environmental Protection Act. Provides that owners and operators of CCR surface impoundments at electric generating plants that are within 4,000 feet of Lake Michigan shall close the CCR surface impoundment by removal and off-site disposal, pursuant to specified provisions and requirements. In additional provisions, requires an owner or operator of an electric generating plant located within 4,000 feet of Lake Michigan that generates or has generated CCR that is not disposed of, treated, stored, or abandoned in a CCR surface impoundment to remove from the owner's or operator's site, for off-site disposal, all CCR generated by the facility and remediate all soil and groundwater impacted by the CCR, in accordance with specified requirements. Requires owners or operators to submit specified plans and reports to the Environmental Protection Agency. Provides that an owner or operator shall post with the Agency a performance bond or other security for the purpose of ensuring removal and remediation in accordance with the provisions. Provides that the Agency may enter into such contracts and agreements as it deems necessary to carry out the purposes of the provisions. Provides that neither the State, nor the Director of the Agency, nor any State employee shall be liable for any damages or injuries arising out of or resulting from any action taken under the provisions. Contains other provisions. Contains a severability provision. Effective immediately. House Committee Amendment No. 2 Makes changes to findings. In provisions concerning Great Lakes CCR protection, provides that an owner or operator of a facility shall remove from the owner's or operator's site, for off-site disposal, all CCR generated by the facility that is not disposed of, treated, stored, or abandoned in a CCR surface impoundment (rather than all CCR generated by the facility). Effective immediately. Land Conveyance Appraisal Note, House Committee Amendment No. 2 (Dept. of Transportation) No land conveyances are included in Senate Bill 3073 House Amendment #2; therefore, there are no appraisals to be filed. Pension Note, House Committee Amendment No. 2 (Government Forecasting & Accountability) SB 3073, as amended by HA 2, will not impact any public pension fund or retirement system in the State of Illinois. State Debt Impact Note, House Committee Amendment No. 2 (Government Forecasting & Accountability) SB 3073, as amended by House Amendment 2, would not change the amount of authorization for any type of State-issued bond, and, therefore, would not affect the level of State indebtedness. Housing Affordability Impact Note, House Committee Amendment No. 2 (Housing Development Authority) This bill will have no effect on the cost of constructing, purchasing, owning, or selling a single-family residence. Correctional Note, House Committee Amendment No. 2 (Dept of Corrections) This amendment has no fiscal impact or population impact on the department. Balanced Budget Note, House Committee Amendment No. 2 (Office of Management and Budget) Please be advised that the Balanced Budget Note Act does not apply to Senate Bill 3073, [as amended by House Amendment 2 as it is not a supplemental appropriation that increases or decreases appropriations. Under the Act, a balanced budget note must be prepared only for bills that change a general funds appropriation for the fiscal year in which the new bill is enacted. Judicial Note, House Committee Amendment No. 2 (Admin Office of the Illinois Courts) The legislation will not increase or decrease the number of judges needed in the state of Illinois. Fiscal Note, House Committee Amendment No. 2 (Illinois Environmental Protection Agency) House Amendment #2 imposes no additional fiscal impact on the Illinois EPA.