Illinois 2023-2024 Regular Session

Illinois House Bill HB2202 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB2202 Introduced , by Rep. Jay Hoffman SYNOPSIS AS INTRODUCED: New Act30 ILCS 105/5.990 new30 ILCS 105/5.991 new Creates the Underground Carbon Dioxide Storage Act. Provides that the Act applies to the underground storage of carbon dioxide but does not apply to extractable mineral resources, and the rights and requirements of the Act are subordinate to the rights pertaining to oil, gas, and coal resources. Provides that a storage operator may not operate a storage facility without a storage facility permit issued by the Department of Natural Resources. Includes provisions regarding: pore space ownership; integration of ownership interests; fees; requirements for drilling near a storage facility; the applicability of certain tort claims; certificate of project completion; and rulemaking. Creates the Carbon Dioxide Storage Administrative Fund and the Carbon Dioxide Long-Term Trust Fund. Makes corresponding changes in the State Finance Act. Effective immediately. LRB103 26411 AMQ 52774 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB2202 Introduced , by Rep. Jay Hoffman SYNOPSIS AS INTRODUCED: New Act30 ILCS 105/5.990 new30 ILCS 105/5.991 new New Act 30 ILCS 105/5.990 new 30 ILCS 105/5.991 new Creates the Underground Carbon Dioxide Storage Act. Provides that the Act applies to the underground storage of carbon dioxide but does not apply to extractable mineral resources, and the rights and requirements of the Act are subordinate to the rights pertaining to oil, gas, and coal resources. Provides that a storage operator may not operate a storage facility without a storage facility permit issued by the Department of Natural Resources. Includes provisions regarding: pore space ownership; integration of ownership interests; fees; requirements for drilling near a storage facility; the applicability of certain tort claims; certificate of project completion; and rulemaking. Creates the Carbon Dioxide Storage Administrative Fund and the Carbon Dioxide Long-Term Trust Fund. Makes corresponding changes in the State Finance Act. Effective immediately. LRB103 26411 AMQ 52774 b LRB103 26411 AMQ 52774 b A BILL FOR
2	2	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB2202 Introduced , by Rep. Jay Hoffman SYNOPSIS AS INTRODUCED:
3	3	New Act30 ILCS 105/5.990 new30 ILCS 105/5.991 new New Act 30 ILCS 105/5.990 new 30 ILCS 105/5.991 new
4	4	New Act
5	5	30 ILCS 105/5.990 new
6	6	30 ILCS 105/5.991 new
7	7	Creates the Underground Carbon Dioxide Storage Act. Provides that the Act applies to the underground storage of carbon dioxide but does not apply to extractable mineral resources, and the rights and requirements of the Act are subordinate to the rights pertaining to oil, gas, and coal resources. Provides that a storage operator may not operate a storage facility without a storage facility permit issued by the Department of Natural Resources. Includes provisions regarding: pore space ownership; integration of ownership interests; fees; requirements for drilling near a storage facility; the applicability of certain tort claims; certificate of project completion; and rulemaking. Creates the Carbon Dioxide Storage Administrative Fund and the Carbon Dioxide Long-Term Trust Fund. Makes corresponding changes in the State Finance Act. Effective immediately.
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10	10	A BILL FOR
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13	13	1 AN ACT concerning regulation.
14	14	2 Be it enacted by the People of the State of Illinois,
15	15	3 represented in the General Assembly:
16	16	4 Section 1. Short title. This Act may be cited as the
17	17	5 Underground Carbon Dioxide Storage Act.
18	18	6 Section 5. Statement of policy. The General Assembly finds
19	19	7 that it is in the public interest to promote the permanent
20	20	8 underground storage of carbon dioxide. Underground storage of
21	21	9 carbon dioxide benefits the citizens of this State by reducing
22	22	10 greenhouse gas emissions and by supporting jobs and economic
23	23	11 development in local communities. Therefore, it is the policy
24	24	12 of this State to promote the use and employment of
25	25	13 technologies that enable the capture of carbon dioxide for the
26	26	14 purpose of storing the carbon dioxide underground in a
27	27	15 permanent manner.
28	28	16 Section 10. Applicability.
29	29	17 (a) This Act applies to the underground storage of carbon
30	30	18 dioxide.
31	31	19 (b) Except as otherwise provided in this Act, this Act
32	32	20 does not apply to extractable mineral resources.
33	33	21 (c) The rights and requirements of this Act:
34	34	22 (1) are subordinate to the rights pertaining to oil,
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38	38	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB2202 Introduced , by Rep. Jay Hoffman SYNOPSIS AS INTRODUCED:
39	39	New Act30 ILCS 105/5.990 new30 ILCS 105/5.991 new New Act 30 ILCS 105/5.990 new 30 ILCS 105/5.991 new
40	40	New Act
41	41	30 ILCS 105/5.990 new
42	42	30 ILCS 105/5.991 new
43	43	Creates the Underground Carbon Dioxide Storage Act. Provides that the Act applies to the underground storage of carbon dioxide but does not apply to extractable mineral resources, and the rights and requirements of the Act are subordinate to the rights pertaining to oil, gas, and coal resources. Provides that a storage operator may not operate a storage facility without a storage facility permit issued by the Department of Natural Resources. Includes provisions regarding: pore space ownership; integration of ownership interests; fees; requirements for drilling near a storage facility; the applicability of certain tort claims; certificate of project completion; and rulemaking. Creates the Carbon Dioxide Storage Administrative Fund and the Carbon Dioxide Long-Term Trust Fund. Makes corresponding changes in the State Finance Act. Effective immediately.
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46	46	A BILL FOR
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73	73	1 gas, and coal resources; and
74	74	2 (2) may not adversely affect oil, gas, and coal
75	75	3 resources, except as is strictly necessary to construct
76	76	4 and maintain a storage facility that will provide for
77	77	5 permanent storage of carbon dioxide.
78	78	6 Section 15. Definitions. As used in this Act:
79	79	7 "Carbon dioxide" means the chemical compound composed of
80	80	8 one carbon and 2 oxygen atoms and includes phases, mixtures,
81	81	9 and combinations of carbon dioxide, whether fluid, liquid or
82	82	10 gaseous, stripped, segregated, or divided from any other fluid
83	83	11 stream thereof, plus incidental associated substances derived
84	84	12 from the source materials and the capture process, and any
85	85	13 substances added to the stream to enable or improve the
86	86	14 injection process.
87	87	15 "Carbon dioxide injection well" refers to a well that is
88	88	16 used to inject carbon dioxide into a storage facility pursuant
89	89	17 to a UIC Class VI well permit.
90	90	18 "Carbon dioxide plume" means the underground,
91	91	19 3-dimensional extent of an injected carbon dioxide stream.
92	92	20 "Department" means the Department of Natural Resources.
93	93	21 "Mineral lessee" means a lessee, identified by the records
94	94	22 of the recorder of deeds for each county containing a portion
95	95	23 of the proposed storage facility, who holds an interest in
96	96	24 minerals on real property that are located above, below, or
97	97	25 within the proposed storage facility that has been severed
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108	108	1 from the surface estate by grant, exception, reservation,
109	109	2 lease, or any other means.
110	110	3 "Mineral owner" means an owner identified by the records
111	111	4 of the recorder of deeds for each county containing a portion
112	112	5 of the proposed storage facility who holds an interest in
113	113	6 minerals on real property that are located above, below, or
114	114	7 within the proposed storage facility that has been severed
115	115	8 from the surface estate by grant, exception, reservation,
116	116	9 lease, or any other means.
117	117	10 "Pore space" means subsurface cavities or voids that can
118	118	11 be used as a storage space for carbon dioxide.
119	119	12 "Pore space owner" means a person, a trust, a corporation,
120	120	13 or another entity that has title to, a right to, or an interest
121	121	14 in pore space.
122	122	15 "Proposed storage facility" means a subsurface sedimentary
123	123	16 stratum, formation, aquifer, cavity, or void that is naturally
124	124	17 or artificially created for the use of, or is capable of being
125	125	18 made suitable for, injecting and storing carbon dioxide and
126	126	19 which a storage operator proposes to develop as a storage
127	127	20 facility for the underground storage of carbon dioxide.
128	128	21 "Storage facility" means the subsurface area consisting of
129	129	22 the extent of a carbon dioxide plume which is required to be
130	130	23 delineated in an approved UIC Class VI well permit or an
131	131	24 amendment to a UIC Class VI well permit of a storage operator.
132	132	25 "Storage operator" means a person, a trust, a corporation,
133	133	26 or another entity that operates a storage facility.
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144	144	1 "Surface or subsurface property interest owner" means a
145	145	2 property interest owner identified by the records of the
146	146	3 recorder of deeds for each county containing a portion of the
147	147	4 proposed storage facility who holds a fee simple interest,
148	148	5 other freehold interest, or leasehold in the surface or
149	149	6 subsurface of the property, which may include mineral rights.
150	150	7 "UIC Class VI well permit" means a permit issued under the
151	151	8 Underground Injection Control program of the federal Safe
152	152	9 Drinking Water Act that allows a person, a trust, a
153	153	10 corporation, or another entity to operate a carbon dioxide
154	154	11 injection well.
155	155	12 "Underground storage of carbon dioxide" means the
156	156	13 injection and permanent storage of carbon dioxide into
157	157	14 underground strata and formations pursuant to at least one UIC
158	158	15 Class VI well permit.
159	159	16 Section 20. Pore space ownership.
160	160	17 (a) Unless expressly modified, reserved, or altered by a
161	161	18 deed, conveyance, lease, or contract, the ownership of the
162	162	19 pore space underlying a surface estate is declared to be
163	163	20 vested in and owned by the owner or owners of the surface
164	164	21 estates above the pore space.
165	165	22 (b) This Act does not alter, amend, diminish, or
166	166	23 invalidate common law established prior to the effective date
167	167	24 of this Act regarding the relationship between the mineral
168	168	25 estate and the surface estate.
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179	179	1 (c) A grant of (i) an easement to use or (ii) a lease of
180	180	2 pore space for underground storage of carbon dioxide is in
181	181	3 perpetuity if specified by an easement or lease. Unless an
182	182	4 individual who obtains an easement or lease operates carbon
183	183	5 dioxide injection not later than 20 years after obtaining the
184	184	6 easement or lease, interest shall lapse, extinguish, and
185	185	7 revert to the owner of the surface estate.
186	186	8 Section 25. Integration of ownership interests.
187	187	9 (a) If at least 2 pore space owners own pore space located
188	188	10 within a proposed carbon dioxide storage area of a storage
189	189	11 facility, the owners may agree to integrate the owners'
190	190	12 interests to develop the pore space as a proposed storage
191	191	13 facility for the underground storage of carbon dioxide.
192	192	14 (b) If all of the owners of the pore space under subsection
193	193	15 (a) do not agree to integrate the owners' interests, the
194	194	16 Department may issue an order requiring the owners to
195	195	17 integrate the owners' interests and to develop the pore space
196	196	18 as a proposed storage facility for the underground storage of
197	197	19 carbon dioxide to serve the public interest subject to the
198	198	20 findings under subsection (c).
199	199	21 (c) Before issuing an order under subsection (b), the
200	200	22 Department must make the following findings:
201	201	23 (1) that the storage operator has undertaken specific
202	202	24 efforts to obtain a UIC Class VI well permit and is
203	203	25 reasonably likely to obtain such a permit;
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214	214	1 (2) that the storage operator has made a good faith
215	215	2 effort to obtain the consent of all pore space owners
216	216	3 located within the proposed storage facility;
217	217	4 (3) that the storage operator has obtained the consent
218	218	5 of the owners of the pore space underlying at least 61% of
219	219	6 the surface area above the proposed storage facility or
220	220	7 amended proposed storage facility; and
221	221	8 (4) that all pore space owners who do not agree to
222	222	9 integrate the owners' interests to develop the pore space
223	223	10 as a proposed storage facility for the underground storage
224	224	11 of carbon dioxide are or will be equitably compensated.
225	225	12 (d) Any unknown or missing pore space owner shall be
226	226	13 deemed to have consented to integrate the owner's interest if
227	227	14 the proposed storage operator complied with the notice
228	228	15 requirements in paragraph (3) of subsection (b) of Section 30.
229	229	16 Any unknown or missing pore space owner shall be deemed
230	230	17 eligible for equitable compensation pursuant to paragraph (4)
231	231	18 of subsection (c).
232	232	19 (e) A right to pore space granted by this Section does not
233	233	20 confer a right to enter upon, or otherwise use, the surface of
234	234	21 the land that is integrated under this Section unless provided
235	235	22 in an order requiring the owners to integrate the owners'
236	236	23 interests and to develop the pore space as a proposed storage
237	237	24 facility for the underground storage of carbon dioxide.
238	238	25 Section 30. Injection permits.
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249	249	1 (a) Injection permits have the following requirements:
250	250	2 (1) A storage operator may not operate a storage
251	251	3 facility in this State without:
252	252	4 (A) a UIC Class VI well permit; and
253	253	5 (B) a valid permit issued by the Department.
254	254	6 (2) If a storage facility is owned by an entity other
255	255	7 than the storage operator, the storage operator shall be
256	256	8 responsible for obtaining a permit for a storage facility
257	257	9 under paragraph (1). A permit for a storage facility may
258	258	10 be transferred or assigned from one storage operator to
259	259	11 another storage operator.
260	260	12 (3) An entity shall apply to the Department for a
261	261	13 permit for a storage facility in a form and manner
262	262	14 prescribed by the Department.
263	263	15 (4) An application under paragraph (3) must include
264	264	16 the following:
265	265	17 (A) a filing fee of $1,000;
266	266	18 (B) the signature of the applicant;
267	267	19 (C) a statement verifying that the information
268	268	20 submitted is true, accurate, and complete to the best
269	269	21 of the applicant's knowledge;
270	270	22 (D) a statement that the interests of a mineral
271	271	23 lessee or mineral owner will not be adversely
272	272	24 affected. If a mineral owner or mineral lessee is
273	273	25 adversely affected, the adversely affected mineral
274	274	26 owner or mineral lessee and the applicant may enter
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285	285	1 into an agreement under Section 25;
286	286	2 (E) documentation describing the scope of the
287	287	3 proposed project and copies of any relevant federal
288	288	4 permits, including UIC Class VI well permits, once
289	289	5 obtained; and
290	290	6 (F) an estimate of the amount of carbon dioxide to
291	291	7 be injected into a storage facility.
292	292	8 (b) Injection permit applications have the following
293	293	9 procedural requirements:
294	294	10 (1) The Department shall review an application
295	295	11 submitted under subsection (a). If the Department
296	296	12 determines that the application is complete, the
297	297	13 Department shall notify the applicant. If the Department
298	298	14 determines that the application is incomplete, inaccurate,
299	299	15 or both, the Department shall return the application to
300	300	16 the applicant.
301	301	17 (2) If the Department returns an application to an
302	302	18 applicant under paragraph (1), the Department shall inform
303	303	19 the applicant in writing that the applicant may file a
304	304	20 corrected application not more than 60 days after the
305	305	21 receipt of the returned application. Upon receiving a
306	306	22 corrected application, the Department shall review the
307	307	23 application. If the Department determines that the
308	308	24 corrected application is complete, the Department shall
309	309	25 notify the applicant.
310	310	26 (3) Upon receiving notification that the application
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321	321	1 or corrected application is complete, the applicant shall:
322	322	2 (A) not more than 60 days after receiving the
323	323	3 notice that the application or corrected application
324	324	4 is complete:
325	325	5 (i) place a copy of the application in a
326	326	6 public library located in each county in which the
327	327	7 storage facility is proposed to be located for
328	328	8 public inspection;
329	329	9 (ii) publish notice under the Notice By
330	330	10 Publication Act in each county in which the
331	331	11 storage facility is proposed to be located and the
332	332	12 name and address of each library in which a copy of
333	333	13 the application is placed as required by item (1);
334	334	14 and
335	335	15 (iii) provide mailed notice to each known and
336	336	16 locatable surface estate, mineral estate, and pore
337	337	17 space owner within or adjacent to the storage
338	338	18 facility; and
339	339	19 (B) not more than 30 days after the publication or
340	340	20 delivery of the notice under subparagraph (A), provide
341	341	21 to the Department proof of publication of notice.
342	342	22 (4) Not later than 90 days after receiving proof of
343	343	23 publication of notice under subparagraph (B) of paragraph
344	344	24 (3), the Department shall notify the applicant in writing
345	345	25 that the Department has either approved or denied the
346	346	26 application.
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357	357	1 (c) If the Department approves an application under this
358	358	2 Section, the Department shall issue to the applicant a storage
359	359	3 facility permit.
360	360	4 (d)(1) If a storage operator identifies information as
361	361	5 trade secret or confidential and proprietary information in
362	362	6 its permit application, the Department shall take all
363	363	7 necessary precautions to avoid public disclosure of that
364	364	8 information.
365	365	9 (2) If any entity other than the storage operator files
366	366	10 with the Department a request for release of the confidential
367	367	11 information identified in paragraph (1) including a statement
368	368	12 of the reasons that the information should be disclosed, the
369	369	13 Department shall consult with the storage operator. The
370	370	14 Department may only release information identified in
371	371	15 paragraph (1) if the storage operator consents.
372	372	16 Section 35. Fees.
373	373	17 (a) At the conclusion of each calendar year, the storage
374	374	18 operator shall pay the Department a fee of $0.06 for every ton
375	375	19 of carbon dioxide injected into a storage facility in that
376	376	20 year, deposited into the Carbon Dioxide Storage Administrative
377	377	21 Fund.
378	378	22 (b) Upon approval by the Department of an application for
379	379	23 certificate of completion, the storage operator shall pay an
380	380	24 additional one-time transfer fee of $0.02 per ton of carbon
381	381	25 dioxide injected and stored at the storage facility over the
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392	392	1 permit period, deposited into the Carbon Dioxide Storage
393	393	2 Long-Term Trust Fund.
394	394	3 Section 40. Funds.
395	395	4 (a) There is hereby created the Carbon Dioxide Storage
396	396	5 Administrative Fund to be held as a separate fund within the
397	397	6 State treasury and to be administered by the Department.
398	398	7 Moneys in the fund shall be expended only as authorized by this
399	399	8 Act.
400	400	9 (1) The fee collected in subsection (a) of Section 35
401	401	10 shall be deposited into the Carbon Dioxide Storage
402	402	11 Administrative Fund.
403	403	12 (2) Moneys in the Carbon Dioxide Storage
404	404	13 Administrative Fund may only be used:
405	405	14 (A) to defray expenses incurred by the Department
406	406	15 for the regulation of storage facilities during their
407	407	16 construction, operational, and pre-closure phases; or
408	408	17 (B) if the Carbon Dioxide Long-Term Trust Fund
409	409	18 becomes depleted, to defray expenses incurred by the
410	410	19 Department for the long-term monitoring and management
411	411	20 of storage facilities after the department issues a
412	412	21 certificate of project completion.
413	413	22 (b) There is hereby created the Carbon Dioxide Storage
414	414	23 Long-Term Trust Fund to be held as a separate fund within the
415	415	24 State treasury and to be administered by the Department.
416	416	25 Moneys in the fund shall be expended only as authorized by this
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427	427	1 Act.
428	428	2 (1) The fee collected in subsection (b) of Section 35
429	429	3 shall be deposited into the Carbon Dioxide Long-Term Trust
430	430	4 Fund.
431	431	5 (2) Moneys in the Carbon Dioxide Long-Term Trust Fund
432	432	6 may only be used to defray expenses incurred by the
433	433	7 Department for the long-term monitoring and management of
434	434	8 storage facilities after the Department issues a
435	435	9 certification of project completion.
436	436	10 Section 45. Requirements for drilling near a storage
437	437	11 facility.
438	438	12 (a) A mineral owner or mineral lessee shall provide
439	439	13 written notice to a storage operator at least 31 days prior to
440	440	14 drilling a well if the mineral owner or mineral lessee wishes
441	441	15 to drill a well not more than:
442	442	16 (1) 330 feet from the surface location of a well
443	443	17 pursuant to a UIC Class VI well permit; or
444	444	18 (2) 500 feet from the uppermost confining zone of a
445	445	19 storage facility pursuant to a UIC Class VI well permit.
446	446	20 (b) A well drilled under subsection (a) must be drilled in
447	447	21 compliance with the requirements of:
448	448	22 (1) the Department to preserve the integrity of the
449	449	23 storage facility;
450	450	24 (2) a UIC Class VI well permit; and
451	451	25 (3) any other applicable rules or regulations.
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462	462	1 Section 50. Applicability of certain tort claims.
463	463	2 (a) A claim of subsurface trespass shall not be actionable
464	464	3 against a storage operator conducting underground storage of
465	465	4 carbon dioxide in accordance with a valid UIC Class VI well
466	466	5 permit unless the claimant proves that injection or migration
467	467	6 of carbon dioxide (i) constitutes an invasion of another's
468	468	7 interest in the use and enjoyment of his or her land that is
469	469	8 substantial, either intentional or negligent, unreasonable,
470	470	9 and perceptible to the senses, or (ii) has caused direct
471	471	10 physical injury to a person, an animal, or tangible property.
472	472	11 (b) A surface or subsurface property interest holder shall
473	473	12 be permitted to recover money damages only for the loss of a
474	474	13 nonspeculative value resulting from the injection and
475	475	14 migration of carbon dioxide beyond the storage facility.
476	476	15 (c) A surface or subsurface property interest holder may
477	477	16 seek punitive damages in accordance with Section 2-604.1 of
478	478	17 the Code of Civil Procedure only if the storage operator
479	479	18 knowingly or willfully violates the requirements of a UIC
480	480	19 Class VI well permit or acts with reckless disregard for
481	481	20 public safety.
482	482	21 Section 55. Certificate of project completion.
483	483	22 (a) Upon application from a storage operator, the
484	484	23 Department shall consider whether each of the following
485	485	24 factors is satisfied in determining whether to issue a
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496	496	1 certificate of project completion. The Department may only
497	497	2 issue the certificate if the Department finds that the storage
498	498	3 operator:
499	499	4 (1) is in compliance with all applicable laws
500	500	5 governing the storage facility;
501	501	6 (2) shows that the storage facility is reasonably
502	502	7 expected to retain the carbon dioxide stored therein;
503	503	8 (3) shows that the carbon dioxide in the storage
504	504	9 facility is stable by showing either that:
505	505	10 (A) the stored carbon dioxide is essentially
506	506	11 stationary; or
507	507	12 (B) if the stored carbon dioxide migrates,
508	508	13 migration will be likely to remain within the storage
509	509	14 facility;
510	510	15 (4) shows that any long-term monitoring wells,
511	511	16 equipment, and facilities used after the closure period
512	512	17 are in good condition and retain mechanical integrity;
513	513	18 (5) shows that injection wells have been plugged;
514	514	19 (6) shows that equipment and facilities, not including
515	515	20 fixed structures and long-term monitoring equipment and
516	516	21 wells, have been removed; and
517	517	22 (7) shows the following with respect to site closure:
518	518	23 (A) the storage operator has provided a notice of
519	519	24 intent for site closure to the United States
520	520	25 Environmental Protection Agency, or to the State
521	521	26 regulatory body if the State assumes primacy for UIC
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532	532	1 Class VI well permitting;
533	533	2 (B) site closure has been authorized by the United
534	534	3 States Environmental Protection Agency, or by the
535	535	4 State regulatory body if the State assumes primacy for
536	536	5 UIC Class VI well permitting; and
537	537	6 (C) the storage operator has provided to the
538	538	7 United States Environmental Protection Agency the site
539	539	8 closure report required under 40 CFR 146.93(f) on the
540	540	9 effective date of this Act, or has provided a
541	541	10 comparable report to the State regulatory body if the
542	542	11 State assumes primacy for UIC Class VI well
543	543	12 permitting.
544	544	13 (b) Not later than 90 days after receiving an application
545	545	14 from the storage operator, the Department shall either:
546	546	15 (1) issue a certificate of project completion; or
547	547	16 (2) if the Department determines that the application
548	548	17 for a certificate of project completion is incomplete,
549	549	18 inaccurate, or both, return the application to the storage
550	550	19 operator.
551	551	20 (c) If the Department returns the application to the
552	552	21 storage operator under subsection (b), the Department shall
553	553	22 inform the storage operator, in writing, of the deficiencies
554	554	23 of the submitted application and inform the storage operator
555	555	24 of the right to file a corrected application with the
556	556	25 Department.
557	557	26 (d) Upon issuance of a certificate of project completion
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568	568	1 and payment of the fee under subsection (b) of Section 35, the
569	569	2 following occurs:
570	570	3 (1) Title to the storage facility and all carbon
571	571	4 dioxide stored therein is immediately transferred to the
572	572	5 State. Title acquired by the State under this subsection
573	573	6 includes all rights, and interests in, and all
574	574	7 responsibilities associated with, the stored carbon
575	575	8 dioxide and the storage facility. Notwithstanding the
576	576	9 foregoing, no party may transfer to the State, and the
577	577	10 State may not accept, any property interests or rights
578	578	11 that the party does not own or have legal authority to
579	579	12 transfer.
580	580	13 (2) The State assumes responsibility for all
581	581	14 regulatory requirements associated with the storage
582	582	15 facility and stored carbon dioxide, and the storage
583	583	16 operator and the owner of the storage facility are
584	584	17 released from responsibility for all regulatory
585	585	18 requirements associated with the storage facility and
586	586	19 stored carbon dioxide.
587	587	20 (3) The State assumes any potential liability
588	588	21 associated with the storage facility and stored carbon
589	589	22 dioxide.
590	590	23 (e) A certificate of project completion shall be void if
591	591	24 the Department finds, after a hearing, that the storage
592	592	25 operator obtained the certificate on the basis of gross
593	593	26 misconduct, including intentional misrepresentation of
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604	604	1 information to the Department that the Department relied upon,
605	605	2 gross negligence, willful deceit, or criminal wrongdoing. A
606	606	3 storage operator may appeal this finding in a court of
607	607	4 competent jurisdiction.
608	608	5 (f) Unless there is documentation to the contrary, the
609	609	6 storage operator holds title to the carbon dioxide injected
610	610	7 into and stored in a storage facility until and unless the
611	611	8 storage operator:
612	612	9 (1) obtains a certificate of project completion from
613	613	10 the Department; or
614	614	11 (2) expressly conveys title to a third party.
615	615	12 Section 60. Rules. The Department shall adopt rules to
616	616	13 implement this Act within 180 days after the effective date of
617	617	14 this Act.
618	618	15 Section 65. The State Finance Act is amended by adding
619	619	16 Section 5.990 and 5.991 as follows:
620	620	17 (30 ILCS 105/5.990 new)
621	621	18 Sec. 5.990. The Carbon Dioxide Storage Administrative
622	622	19 Fund.
623	623	20 (30 ILCS 105/5.991 new)
624	624	21 Sec. 5.991. The Carbon Dioxide Long-Term Trust Fund.
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635	635	1 Section 97. Severability. The provisions of this Act are
636	636	2 severable under Section 1.31 of the Statute on Statutes.
637	637	3 Section 99. Effective date. This Act takes effect upon
638	638	4 becoming law.
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