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SB 1436

EPA-GREAT LAKES CCR PROTECTION

104th Regular Session Introduced by Adriane Johnson and 1 co-sponsor

SB 1436 requires removal of coal ash from CCR ponds within 4,000 feet of Lake Michigan, with off-site disposal, soil and groundwater remediation, and financial guarantees.

Rule 3-9(a) / Re-referred to Assignments
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Bill Summary · SB 1436

Summary — SB 1436 (EPA — Great Lakes CCR Protection)

Note: The posted bill text appears to include two different measures both labeled SB 1436 (an Illinois environmental bill and an unrelated Arizona campaign gift-card bill). This summary focuses on the Illinois measure titled EPA‑GREAT LAKES CCR PROTECTION (the Environmental Protection Act amendments concerning coal combustion residuals).

Purpose and intent

SB 1436 strengthens state regulation of coal combustion residuals (CCR, aka coal ash) near Lake Michigan. The bill aims to reduce risks to groundwater and surface waters (including Lake Michigan), require removal of CCR where necessary, ensure remediation of contaminated soils and groundwater, and provide financial assurances to guarantee cleanup actions. It also emphasizes public participation and environmental‑justice considerations.

Key provisions

  • Geographic scope: Applies to electric‑generating plants and CCR surface impoundments located within 4,000 feet of Lake Michigan.
  • Mandatory closure by removal: Owners/operators of CCR surface impoundments within 4,000 feet of Lake Michigan must close those impoundments by removing CCR and disposing of it off‑site, under standards and procedures established in the Act and Board rules.
  • Removal and remediation for generated CCR: Owners/operators of generating facilities within 4,000 feet that have CCR on site (not disposed of, treated, stored, or abandoned in an impoundment) must remove all such CCR from the site for off‑site disposal and must remediate any soil and groundwater impacted by the CCR, consistent with specified requirements.
  • Planning and reporting: Owners/operators must submit required closure/removal plans and reports to the Illinois Environmental Protection Agency (Agency) for approval (including a closure alternatives analysis that must consider complete removal).
  • Financial assurance: Owners/operators (except the State and certain public entities) must post a performance bond or other security with the Agency to ensure removal and remediation are completed per the law.
  • Contractor training/certification: For construction/modification/closure activities, owners must certify that contractors and installers participate in specified training programs (including erosion control, environmental remediation, heavy equipment/excavation) approved/registered with the U.S. Department of Labor Employment & Training Administration. The provision excludes certain licensed professional services from the training requirement.
  • Agency authority and liability: The Agency may enter contracts and agreements as necessary to implement the provisions. The State, the Agency Director, and State employees are shielded from liability for damages or injuries arising from actions taken under these provisions.
  • Other: Amends existing Section 22.59 and adds new Section 22.59a to the Illinois Environmental Protection Act; contains a severability clause. Some previously permitted closures (plans submitted before May 1, 2019 and completed within 24 months after July 30, 2019) are exempt from a construction permit requirement for closure.

Who is affected

  • Primary: Owners and operators of electric generating plants and CCR surface impoundments within 4,000 feet of Lake Michigan (utility companies and their contractors).
  • Secondary: Off‑site disposal facilities and transporters that will receive removed CCR; local communities and groundwater/surface waters near affected plants; Illinois EPA (oversight, plan review, bond administration); taxpayers (indirectly, via permitting/contracting and any state actions).
  • Contractors and labor providers who perform closure/remediation work (training/certification requirements).

Timing and procedure

  • The bill text states it is effective immediately upon enactment.
  • Owners/operators must submit Agency‑required plans and post financial assurance before removal/remediation activities proceed (specific plan submission deadlines are to be established by the Agency/Board rules in implementing regulations).
  • The bill requires Agency review/approval of closure alternatives analyses and authorizes the Agency to contract as needed for implementation.

Potential impacts

  • Environmental: Reduced risk of CCR leaching into groundwater and Lake Michigan; remediation of contaminated sites.
  • Operational/financial: Plant owners/operators face costs for CCR removal, off‑site disposal, remediation, and posting bonds/security. Utilities may need to plan for transport/disposal capacity.
  • Regulatory: State standard raises obligations beyond routine federal CCR management at covered sites; increases Illinois EPA oversight workload.
  • Community: Potential public‑health and environmental‑justice benefits for communities near affected plants.

Sponsors (from the provided document): Sen. Adriane Johnson (primary); Sen. Rachel Ventura (co‑sponsor added Feb 25, 2025). Introduced in 2025; effective immediately if enacted.

Compiled from official sources — confirm details with the bill’s official record.

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