Illinois 2023-2024 Regular Session

Illinois House Bill HB3119 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 HB3119 Introduced , by Rep. Ann M. Williams SYNOPSIS AS INTRODUCED: See Index Creates the Carbon Dioxide Transport and Storage Protections Act. Provides that a sequestration operator may not exercise any authority to take or acquire any easement or title to any pore space or any portion of an area of review pursuant to the Eminent Domain Act. Provides that the sequestration operator is solely liable for any and all damage caused by the carbon dioxide transported to the sequestration facility for injection or sequestration, or otherwise under the sequestration operator's control, including damage caused by carbon dioxide released form the sequestration facility, regardless of whole holds title to the carbon dioxide, the pore space, or the surface estate. Provides that in addition to any permit fees required by the Environmental Protection Act, sequestration operators and pipeline operators who transport or sequester carbon dioxide in the State must pay a fee each year to the State for deposit in the Carbon Transportation and Sequestration Readiness Fund established by this Act. Creates the Carbon Transportation and Sequestration Readiness Fund and makes a corresponding change to the State Finance Act. Provides for: training for carbon dioxide emergencies for emergency responders, medical personnel, residents, businesses, and other local entities. Makes a corresponding change to the Illinois Power Agency Act and the Public Utilities Act. Amends the Environmental Protection Act. Provides for: setbacks from carbon dioxide pipelines; permitting required for carbon dioxide capture; prohibition of conducting any carbon sequestration operation without a permit; and permitting required for carbon sequestration. Provides that if the Environmental Protection agency grants or denies a permit for capture of carbon dioxide or a permit for sequestration of carbon dioxide, any person may petition the Pollution Control Board within 35 days from the date of issuance of the Agency's decision for a hearing to contest the decision of the Agency. Makes other changes. Effective immediately. LRB103 29449 CPF 55841 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3119 Introduced , by Rep. Ann M. Williams SYNOPSIS AS INTRODUCED: See Index See Index Creates the Carbon Dioxide Transport and Storage Protections Act. Provides that a sequestration operator may not exercise any authority to take or acquire any easement or title to any pore space or any portion of an area of review pursuant to the Eminent Domain Act. Provides that the sequestration operator is solely liable for any and all damage caused by the carbon dioxide transported to the sequestration facility for injection or sequestration, or otherwise under the sequestration operator's control, including damage caused by carbon dioxide released form the sequestration facility, regardless of whole holds title to the carbon dioxide, the pore space, or the surface estate. Provides that in addition to any permit fees required by the Environmental Protection Act, sequestration operators and pipeline operators who transport or sequester carbon dioxide in the State must pay a fee each year to the State for deposit in the Carbon Transportation and Sequestration Readiness Fund established by this Act. Creates the Carbon Transportation and Sequestration Readiness Fund and makes a corresponding change to the State Finance Act. Provides for: training for carbon dioxide emergencies for emergency responders, medical personnel, residents, businesses, and other local entities. Makes a corresponding change to the Illinois Power Agency Act and the Public Utilities Act. Amends the Environmental Protection Act. Provides for: setbacks from carbon dioxide pipelines; permitting required for carbon dioxide capture; prohibition of conducting any carbon sequestration operation without a permit; and permitting required for carbon sequestration. Provides that if the Environmental Protection agency grants or denies a permit for capture of carbon dioxide or a permit for sequestration of carbon dioxide, any person may petition the Pollution Control Board within 35 days from the date of issuance of the Agency's decision for a hearing to contest the decision of the Agency. Makes other changes. Effective immediately. LRB103 29449 CPF 55841 b LRB103 29449 CPF 55841 b A BILL FOR
2	2	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3119 Introduced , by Rep. Ann M. Williams SYNOPSIS AS INTRODUCED:
3	3	See Index See Index
4	4	See Index
5	5	Creates the Carbon Dioxide Transport and Storage Protections Act. Provides that a sequestration operator may not exercise any authority to take or acquire any easement or title to any pore space or any portion of an area of review pursuant to the Eminent Domain Act. Provides that the sequestration operator is solely liable for any and all damage caused by the carbon dioxide transported to the sequestration facility for injection or sequestration, or otherwise under the sequestration operator's control, including damage caused by carbon dioxide released form the sequestration facility, regardless of whole holds title to the carbon dioxide, the pore space, or the surface estate. Provides that in addition to any permit fees required by the Environmental Protection Act, sequestration operators and pipeline operators who transport or sequester carbon dioxide in the State must pay a fee each year to the State for deposit in the Carbon Transportation and Sequestration Readiness Fund established by this Act. Creates the Carbon Transportation and Sequestration Readiness Fund and makes a corresponding change to the State Finance Act. Provides for: training for carbon dioxide emergencies for emergency responders, medical personnel, residents, businesses, and other local entities. Makes a corresponding change to the Illinois Power Agency Act and the Public Utilities Act. Amends the Environmental Protection Act. Provides for: setbacks from carbon dioxide pipelines; permitting required for carbon dioxide capture; prohibition of conducting any carbon sequestration operation without a permit; and permitting required for carbon sequestration. Provides that if the Environmental Protection agency grants or denies a permit for capture of carbon dioxide or a permit for sequestration of carbon dioxide, any person may petition the Pollution Control Board within 35 days from the date of issuance of the Agency's decision for a hearing to contest the decision of the Agency. Makes other changes. Effective immediately.
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11	11	1 AN ACT concerning safety.
12	12	2 Be it enacted by the People of the State of Illinois,
13	13	3 represented in the General Assembly:
14	14	4 Section 1. Short title. This Act may be cited as the Carbon
15	15	5 Dioxide Transport and Storage Protections Act.
16	16	6 Section 5. Findings. The General Assembly finds that:
17	17	7 (1) State law currently lacks clarity concerning the
18	18	8 rights of landowners with regard to pore space in the
19	19	9 subsurface beneath the landowners' property, limiting
20	20	10 landowners' ability to fully enjoy and protect the
21	21	11 property.
22	22	12 (2) The transport of carbon dioxide via pipeline
23	23	13 significantly affects landowners' rights to enjoy the
24	24	14 landowners' property. Carbon dioxide pipelines may impede
25	25	15 access to property and fields, harm crops, and topsoil,
26	26	16 and pose a risk of grave harm if there is a release of
27	27	17 carbon dioxide.
28	28	18 (3) The storage of carbon dioxide in subsurface pore
29	29	19 space may have profound impacts upon the surface estate.
30	30	20 Such storage may: require easements for pipelines,
31	31	21 injection wells, monitoring equipment, and other
32	32	22 infrastructure; harm crops and topsoil; and risk grave
33	33	23 harm to landowners, surrounding ecosystems, and water
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37	37	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3119 Introduced , by Rep. Ann M. Williams SYNOPSIS AS INTRODUCED:
38	38	See Index See Index
39	39	See Index
40	40	Creates the Carbon Dioxide Transport and Storage Protections Act. Provides that a sequestration operator may not exercise any authority to take or acquire any easement or title to any pore space or any portion of an area of review pursuant to the Eminent Domain Act. Provides that the sequestration operator is solely liable for any and all damage caused by the carbon dioxide transported to the sequestration facility for injection or sequestration, or otherwise under the sequestration operator's control, including damage caused by carbon dioxide released form the sequestration facility, regardless of whole holds title to the carbon dioxide, the pore space, or the surface estate. Provides that in addition to any permit fees required by the Environmental Protection Act, sequestration operators and pipeline operators who transport or sequester carbon dioxide in the State must pay a fee each year to the State for deposit in the Carbon Transportation and Sequestration Readiness Fund established by this Act. Creates the Carbon Transportation and Sequestration Readiness Fund and makes a corresponding change to the State Finance Act. Provides for: training for carbon dioxide emergencies for emergency responders, medical personnel, residents, businesses, and other local entities. Makes a corresponding change to the Illinois Power Agency Act and the Public Utilities Act. Amends the Environmental Protection Act. Provides for: setbacks from carbon dioxide pipelines; permitting required for carbon dioxide capture; prohibition of conducting any carbon sequestration operation without a permit; and permitting required for carbon sequestration. Provides that if the Environmental Protection agency grants or denies a permit for capture of carbon dioxide or a permit for sequestration of carbon dioxide, any person may petition the Pollution Control Board within 35 days from the date of issuance of the Agency's decision for a hearing to contest the decision of the Agency. Makes other changes. Effective immediately.
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68	68	1 supplies if carbon dioxide is released.
69	69	2 (4) To protect landowners, surface ecosystems,
70	70	3 groundwater, and nearby residents, it is essential that
71	71	4 the State clarify the ownership, liability, and other
72	72	5 property rights associated with carbon dioxide
73	73	6 transportation and storage before additional carbon
74	74	7 transport and storage takes place in our State, as well as
75	75	8 provide local governments and residents with training and
76	76	9 resources so they can be prepared in the event of a carbon
77	77	10 dioxide release.
78	78	11 Section 10. Definitions. As used in this Act:
79	79	12 "Agency" means the Environmental Protection Agency.
80	80	13 "Amalgamation" means the combining or uniting of property
81	81	14 rights in adjacent subsurface pore space for the purpose of
82	82	15 permanent storage of carbon dioxide.
83	83	16 "Area of review" has the same meaning as in the
84	84	17 Environmental Protection Act.
85	85	18 "Carbon dioxide injection well" means a well that is used
86	86	19 to inject carbon dioxide into a reservoir for permanent
87	87	20 geologic sequestration.
88	88	21 "Carbon dioxide pipeline" or "pipeline" means the in-state
89	89	22 portion of a pipeline, including appurtenant facilities,
90	90	23 property rights, and easements, that are used for the purpose
91	91	24 of transporting carbon dioxide.
92	92	25 "Carbon dioxide stream" means carbon dioxide and any
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103	103	1 incidental associated substances derived from the source
104	104	2 materials and the production or capture process, and any
105	105	3 substance added to the stream to enable or improve the
106	106	4 injection process or the detection of a leak or rupture.
107	107	5 "Carbon dioxide sequestration reservoir" means a portion
108	108	6 of a sedimentary geologic stratum or formation containing pore
109	109	7 space, including depleted reservoirs and saline formations
110	110	8 that the Agency has determined is suitable for injection and
111	111	9 permanent storage of carbon dioxide.
112	112	10 "Easement" means an interest in land owned by another
113	113	11 person, consisting in the right to use or control the land, or
114	114	12 an area above or below it, for a specific purpose, including
115	115	13 storage of carbon dioxide in subsurface cavities.
116	116	14 "Person" has the meaning ascribed to that term in Section
117	117	15 3.315 of the Illinois Environmental Protection Act.
118	118	16 "Pipeline operator" means any person who owns, leases,
119	119	17 operates, controls, or supervises a pipeline that transports
120	120	18 carbon dioxide.
121	121	19 "Pore space" means subsurface cavities, voids, or saline
122	122	20 beds that can be used as storage for carbon dioxide.
123	123	21 "Pore space owner" means the person who has title to the
124	124	22 pore space.
125	125	23 "Sequester" has the meaning ascribed to that term in
126	126	24 Section 1-10 of the Illinois Power Agency Act.
127	127	25 "Sequestration" means sequester.
128	128	26 "Sequestration facility" means the Carbon dioxide
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139	139	1 sequestration reservoir, underground equipment and surface
140	140	2 facilities and equipment used or proposed to be used in a
141	141	3 geologic storage operation. "Sequestration facility" includes
142	142	4 the injection well and equipment used to connect the surface
143	143	5 facility and equipment to the Carbon dioxide sequestration
144	144	6 reservoir and underground equipment. "Sequestration facility"
145	145	7 does not include pipelines used to transport carbon dioxide to
146	146	8 the sequestration facility.
147	147	9 "Sequestration operator" means a person holding, applying
148	148	10 for, or who is required to obtain, a carbon sequestration
149	149	11 permit in accordance with Section 22.63 of the Illinois
150	150	12 Environmental Protection Act, as amended, and implementing
151	151	13 regulations.
152	152	14 "Sequestration pore space" means the pore space proposed,
153	153	15 authorized, or used for sequestering one or more carbon
154	154	16 dioxide streams pursuant to a permit or permit application
155	155	17 under Section 22.63 of the Illinois Environmental Protection
156	156	18 Act, as amended, and implementing regulations.
157	157	19 "Surface owner" means, as identified in the records of the
158	158	20 recorder of deeds for each county containing some portion of
159	159	21 the proposed Carbon dioxide sequestration reservoir, any owner
160	160	22 of a whole or undivided fee simple interest or other freehold
161	161	23 interest in real property, which may or may not include
162	162	24 mineral rights, in the surface above the sequestration pore
163	163	25 space, but does not include an owner of a right-of-way,
164	164	26 easement, leasehold, or any other lesser estate.
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175	175	1 "Transportation" means the physical movement of carbon
176	176	2 dioxide by pipeline conducted for a person's own use or
177	177	3 account or the use or account of another person or persons.
178	178	4 Section 15. Ownership and conveyance of pore space.
179	179	5 (a) Title to pore space is vested in the surface owner of
180	180	6 the overlying surface estate.
181	181	7 (b) A conveyance of title to the surface estate conveys
182	182	8 the pore space in all strata underlying the surface estate.
183	183	9 (c) Title to pore space may not be severed from the surface
184	184	10 estate.
185	185	11 (d) A grant of easement for use of pore space is not a
186	186	12 severance prohibited by this Section.
187	187	13 (e) A grant of easement for use of pore space shall not
188	188	14 confer any right to enter upon or otherwise use the surface of
189	189	15 the land unless the grant of easement expressly so provides.
190	190	16 Section 20. No compulsory amalgamation. Regardless of any
191	191	17 other provisions of law, a sequestration operator may not
192	192	18 exercise any authority to take or acquire any easement or
193	193	19 title to any pore space or any portion of an area of review
194	194	20 pursuant to the Eminent Domain Act. A sequestration operator
195	195	21 must obtain, for the entirety of the area of review the person
196	196	22 seeks to utilize for carbon sequestration, either: (i) a
197	197	23 written grant of easement to enter into and utilize a surface
198	198	24 owner's portion of the proposed area of review for carbon
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209	209	1 sequestration; or (ii) title to that portion of the proposed
210	210	2 area of review and overlying surface estate.
211	211	3 Section 25. Ownership of carbon dioxide; liability.
212	212	4 (a) The sequestration operator is solely liable for any
213	213	5 and all damage caused by the carbon dioxide transported to the
214	214	6 sequestration facility for injection or sequestration, or
215	215	7 otherwise under the sequestration operator's control,
216	216	8 including damage caused by carbon dioxide released from the
217	217	9 sequestration facility, regardless of who holds title to the
218	218	10 carbon dioxide, the pore space, or the surface estate.
219	219	11 (b) The sequestration operator is solely liable for any
220	220	12 and all damage or harms that may result from equipment
221	221	13 associated with carbon sequestration, including, but not
222	222	14 limited to, operation thereof.
223	223	15 (c) Title to the carbon dioxide sequestered in the State
224	224	16 is not vested in the owner of the sequestration pore space.
225	225	17 Rather, sequestered carbon dioxide is a separate property
226	226	18 independent of the sequestration pore space.
227	227	19 Section 30. Carbon transportation and sequestration
228	228	20 emergency response fee.
229	229	21 (a) In addition to any permit fees required by the
230	230	22 Environmental Protection Act, all sequestration operators and
231	231	23 pipeline operators who transport or sequester carbon dioxide
232	232	24 in the State must pay a fee each year to the State for deposit
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243	243	1 in the Carbon Transportation and Sequestration Readiness Fund
244	244	2 established by this Act. Fees shall be determined as a set
245	245	3 amount per mile of approved pipeline for each carbon dioxide
246	246	4 pipeline, per square mile of area of review, and per ton of
247	247	5 carbon dioxide sequestered for each approved carbon
248	248	6 sequestration project, which shall be adjusted annually for
249	249	7 inflation and which shall be determined by the Illinois
250	250	8 Emergency Management Agency as more than adequate to fund
251	251	9 emergency preparedness and response costs for counties and
252	252	10 municipalities through which a carbon pipeline passes or in
253	253	11 which carbon sequestration takes place.
254	254	12 (b) The Illinois Emergency Management Agency shall
255	255	13 determine, through rules, the appropriate fees that meet the
256	256	14 requirements of subsection (a).
257	257	15 Section 35. Carbon Transportation and Sequestration
258	258	16 Readiness Fund.
259	259	17 (a) The Carbon Transportation and Sequestration Readiness
260	260	18 Fund is established as a special fund in the State treasury.
261	261	19 (b) The Carbon Transportation and Sequestration Readiness
262	262	20 Fund shall consist of all Carbon Transportation and
263	263	21 Sequestration Emergency Response Fees collected pursuant to
264	264	22 Section 25 of this Act, all interest earned on money in the
265	265	23 fund, and any additional money allocated to the fund by the
266	266	24 General Assembly.
267	267	25 (c) The Carbon Transportation and Sequestration Readiness
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278	278	1 Fund shall be used only in the following manner:
279	279	2 (1) to cover administrative costs of the Illinois
280	280	3 Emergency Management Agency for administration of grants
281	281	4 awarded under this Section and costs to the Illinois
282	282	5 Emergency Management Agency and Department of Public
283	283	6 Health to cover costs of preparing the training materials
284	284	7 and offering the training sessions required under Section
285	285	8 45;
286	286	9 (2) to provide funding to municipalities and counties
287	287	10 through which a carbon pipeline passes or in which carbon
288	288	11 sequestration has been proposed or is taking place, for
289	289	12 use to enhance emergency preparedness and emergency
290	290	13 response capabilities in the event of a carbon dioxide
291	291	14 release. Allowable expenditures include: preparation of
292	292	15 emergency response plans for carbon dioxide release;
293	293	16 purchase of electric emergency response vehicles; text
294	294	17 message or other emergency communication alert systems;
295	295	18 devices that assist in the detection of a carbon dioxide
296	296	19 release; equipment for first responder, local residents,
297	297	20 and medical facilities that assists in the preparation,
298	298	21 detection, or response to the release of carbon dioxide or
299	299	22 other toxic or hazardous materials; and trainings and
300	300	23 training materials for first responders, local residents,
301	301	24 businesses, and other local entities specific to
302	302	25 preparation for, and response to, releases of carbon
303	303	26 dioxide or other toxic or hazardous materials;
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314	314	1 (3) to fund research on technologies, other than
315	315	2 carbon capture and sequestration, that reduce the
316	316	3 potential for carbon dioxide pollution from industries
317	317	4 that are major sources of carbon dioxide, including but
318	318	5 not limited to steel and cement production; or
319	319	6 (4) to fund research to better understand the scope of
320	320	7 potential carbon dioxide releases and methods to further
321	321	8 limit the likelihood of a carbon dioxide release from a
322	322	9 pipeline or sequestration facility, including, but not
323	323	10 limited to, computer modeling to simulate carbon dioxide
324	324	11 leaks from pipelines of varying diameters and lengths. All
325	325	12 research funded under this subsection must result in a
326	326	13 report containing recommendations for safety measures to
327	327	14 be put in place to protect communities from carbon dioxide
328	328	15 releases, such as hazard zones, setbacks, additional
329	329	16 monitoring, or other measures.
330	330	17 (d) The Carbon Transportation and Sequestration Readiness
331	331	18 Fund shall be administered by the Illinois Emergency
332	332	19 Management Agency, which each year shall issue requests for
333	333	20 proposals for available funds and award grants to qualified
334	334	21 applicants that meet the criteria of subsection (c) and any
335	335	22 other criteria that Illinois Emergency Management Agency deems
336	336	23 necessary for this fund to serve its intended purpose.
337	337	24 Illinois Emergency Management Agency shall not limit the
338	338	25 number of proposals any funding applicant may submit pursuant
339	339	26 to this subsection. Any applicant may reapply for funding in
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350	350	1 subsequent years.
351	351	2 (e) The Carbon Transportation and Sequestration Readiness
352	352	3 Fund is not subject to the provisions of subsection (c) of
353	353	4 Section 5 of the State Finance Act.
354	354	5 Section 40. Training for carbon dioxide emergencies.
355	355	6 (a) Training for emergency responders and medical
356	356	7 personnel. Within one year of the effective date of this Act,
357	357	8 the Illinois Emergency Management Agency, together with the
358	358	9 Department of Public Health, shall jointly prepare training
359	359	10 materials for local emergency responders and medical personnel
360	360	11 regarding what to do in the event of release of carbon dioxide
361	361	12 from a pipeline or a sequestration facility, including, but
362	362	13 not limited to:
363	363	14 (1) how to identify a carbon dioxide release;
364	364	15 (2) communications protocols to quickly share
365	365	16 information about a carbon dioxide release;
366	366	17 (3) protocols for locating residents and others in the
367	367	18 affected area and, when necessary, transporting them out
368	368	19 of the area to healthcare facilities; and
369	369	20 (4) symptoms of, and treatment for, exposure to a
370	370	21 carbon dioxide release.
371	371	22 Each year, the Department of Public Health and Illinois
372	372	23 Emergency Management Agency shall offer at least 3 training
373	373	24 sessions to train emergency responders and medical personnel
374	374	25 in any county in which carbon dioxide is proposed to be, or is,
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385	385	1 transported or sequestered, on emergency response protocols in
386	386	2 the event of a carbon dioxide release. Unless a health
387	387	3 emergency necessitates virtual training only, the training
388	388	4 sessions shall be in-person with the option to join remotely
389	389	5 and shall be recorded with the recordings maintained on
390	390	6 publicly available websites.
391	391	7 Every 5 years, the Department of Public Health and the
392	392	8 Illinois Emergency Management Agency shall review and, if
393	393	9 appropriate, revise the training materials developed under
394	394	10 subsection (a) to incorporate new best practices,
395	395	11 technologies, or new developments in medicine that improve
396	396	12 emergency response and treatment in the event of a carbon
397	397	13 dioxide release.
398	398	14 (b) Training for residents, businesses, and other local
399	399	15 entities. Within one year of the effective date of this Act,
400	400	16 the Department of Public Health and the Illinois Emergency
401	401	17 Management Agency shall jointly prepare training materials for
402	402	18 residents, businesses, and other entities located within two
403	403	19 miles of carbon dioxide pipelines or above the Area of Review
404	404	20 regarding carbon dioxide releases. The training materials
405	405	21 shall include, but are not limited to:
406	406	22 (1) how to identify a carbon dioxide release;
407	407	23 (2) what to do in the event of a carbon dioxide
408	408	24 release; and
409	409	25 (3) symptoms of exposure to a carbon dioxide release.
410	410	26 These materials should include recommendations for items
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421	421	1 residents and other entities may want to purchase or request
422	422	2 from local government, including, but not limited to, carbon
423	423	3 dioxide monitors and air supply respirators.
424	424	4 Each year, the Department of Public Health and Illinois
425	425	5 Emergency Management Agency, in cooperation with local
426	426	6 emergency response personnel, shall offer at least 2 public
427	427	7 training sessions for residents and local businesses in every
428	428	8 county in which carbon dioxide is proposed to be, or is,
429	429	9 transported or sequestered. The training shall include, at a
430	430	10 minimum, all the information in the training materials
431	431	11 required by subsection (b). Unless a health emergency
432	432	12 necessitates virtual training only, the training sessions
433	433	13 shall be in-person with the option to join remotely and shall
434	434	14 be recorded with the recordings maintained on publicly
435	435	15 available websites.
436	436	16 Every 5 years, the Department of Public Health and
437	437	17 Illinois Emergency Management Agency shall review and, if
438	438	18 appropriate, revise the training materials developed under
439	439	19 subsection (b) of this Section to incorporate new best
440	440	20 practices, technologies, or other information that may assist
441	441	21 local residents and businesses to be better prepared in the
442	442	22 event of a carbon dioxide release.
443	443	23 Section 900. The Illinois Power Agency Act is amended by
444	444	24 changing Section 1-10 as follows:
445	445
446	446
447	447
448	448
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455	455	1 (20 ILCS 3855/1-10)
456	456	2 Sec. 1-10. Definitions.
457	457	3 "Agency" means the Illinois Power Agency.
458	458	4 "Agency loan agreement" means any agreement pursuant to
459	459	5 which the Illinois Finance Authority agrees to loan the
460	460	6 proceeds of revenue bonds issued with respect to a project to
461	461	7 the Agency upon terms providing for loan repayment
462	462	8 installments at least sufficient to pay when due all principal
463	463	9 of, interest and premium, if any, on those revenue bonds, and
464	464	10 providing for maintenance, insurance, and other matters in
465	465	11 respect of the project.
466	466	12 "Authority" means the Illinois Finance Authority.
467	467	13 "Brownfield site photovoltaic project" means photovoltaics
468	468	14 that are either:
469	469	15 (1) interconnected to an electric utility as defined
470	470	16 in this Section, a municipal utility as defined in this
471	471	17 Section, a public utility as defined in Section 3-105 of
472	472	18 the Public Utilities Act, or an electric cooperative as
473	473	19 defined in Section 3-119 of the Public Utilities Act and
474	474	20 located at a site that is regulated by any of the following
475	475	21 entities under the following programs:
476	476	22 (A) the United States Environmental Protection
477	477	23 Agency under the federal Comprehensive Environmental
478	478	24 Response, Compensation, and Liability Act of 1980, as
479	479	25 amended;
480	480	26 (B) the United States Environmental Protection
481	481
482	482
483	483
484	484
485	485
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487	487
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491	491	1 Agency under the Corrective Action Program of the
492	492	2 federal Resource Conservation and Recovery Act, as
493	493	3 amended;
494	494	4 (C) the Illinois Environmental Protection Agency
495	495	5 under the Illinois Site Remediation Program; or
496	496	6 (D) the Illinois Environmental Protection Agency
497	497	7 under the Illinois Solid Waste Program; or
498	498	8 (2) located at the site of a coal mine that has
499	499	9 permanently ceased coal production, permanently halted any
500	500	10 re-mining operations, and is no longer accepting any coal
501	501	11 combustion residues; has both completed all clean-up and
502	502	12 remediation obligations under the federal Surface Mining
503	503	13 and Reclamation Act of 1977 and all applicable Illinois
504	504	14 rules and any other clean-up, remediation, or ongoing
505	505	15 monitoring to safeguard the health and well-being of the
506	506	16 people of the State of Illinois, as well as demonstrated
507	507	17 compliance with all applicable federal and State
508	508	18 environmental rules and regulations, including, but not
509	509	19 limited, to 35 Ill. Adm. Code Part 845 and any rules for
510	510	20 historic fill of coal combustion residuals, including any
511	511	21 rules finalized in Subdocket A of Illinois Pollution
512	512	22 Control Board docket R2020-019.
513	513	23 "Clean coal facility" means an electric generating
514	514	24 facility that uses primarily coal as a feedstock and that
515	515	25 captures and sequesters carbon dioxide emissions at the
516	516	26 following levels: at least 50% of the total carbon dioxide
517	517
518	518
519	519
520	520
521	521
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527	527	1 emissions that the facility would otherwise emit if, at the
528	528	2 time construction commences, the facility is scheduled to
529	529	3 commence operation before 2016, at least 70% of the total
530	530	4 carbon dioxide emissions that the facility would otherwise
531	531	5 emit if, at the time construction commences, the facility is
532	532	6 scheduled to commence operation during 2016 or 2017, and at
533	533	7 least 90% of the total carbon dioxide emissions that the
534	534	8 facility would otherwise emit if, at the time construction
535	535	9 commences, the facility is scheduled to commence operation
536	536	10 after 2017. The power block of the clean coal facility shall
537	537	11 not exceed allowable emission rates for sulfur dioxide,
538	538	12 nitrogen oxides, carbon monoxide, particulates and mercury for
539	539	13 a natural gas-fired combined-cycle facility the same size as
540	540	14 and in the same location as the clean coal facility at the time
541	541	15 the clean coal facility obtains an approved air permit. All
542	542	16 coal used by a clean coal facility shall have high volatile
543	543	17 bituminous rank and greater than 1.7 pounds of sulfur per
544	544	18 million Btu btu content, unless the clean coal facility does
545	545	19 not use gasification technology and was operating as a
546	546	20 conventional coal-fired electric generating facility on June
547	547	21 1, 2009 (the effective date of Public Act 95-1027).
548	548	22 "Clean coal SNG brownfield facility" means a facility that
549	549	23 (1) has commenced construction by July 1, 2015 on an urban
550	550	24 brownfield site in a municipality with at least 1,000,000
551	551	25 residents; (2) uses a gasification process to produce
552	552	26 substitute natural gas; (3) uses coal as at least 50% of the
553	553
554	554
555	555
556	556
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563	563	1 total feedstock over the term of any sourcing agreement with a
564	564	2 utility and the remainder of the feedstock may be either
565	565	3 petroleum coke or coal, with all such coal having a high
566	566	4 bituminous rank and greater than 1.7 pounds of sulfur per
567	567	5 million Btu content unless the facility reasonably determines
568	568	6 that it is necessary to use additional petroleum coke to
569	569	7 deliver additional consumer savings, in which case the
570	570	8 facility shall use coal for at least 35% of the total feedstock
571	571	9 over the term of any sourcing agreement; and (4) captures and
572	572	10 sequesters at least 85% of the total carbon dioxide emissions
573	573	11 that the facility would otherwise emit.
574	574	12 "Clean coal SNG facility" means a facility that uses a
575	575	13 gasification process to produce substitute natural gas, that
576	576	14 sequesters at least 90% of the total carbon dioxide emissions
577	577	15 that the facility would otherwise emit, that uses at least 90%
578	578	16 coal as a feedstock, with all such coal having a high
579	579	17 bituminous rank and greater than 1.7 pounds of sulfur per
580	580	18 million Btu btu content, and that has a valid and effective
581	581	19 permit to construct emission sources and air pollution control
582	582	20 equipment and approval with respect to the federal regulations
583	583	21 for Prevention of Significant Deterioration of Air Quality
584	584	22 (PSD) for the plant pursuant to the federal Clean Air Act;
585	585	23 provided, however, a clean coal SNG brownfield facility shall
586	586	24 not be a clean coal SNG facility.
587	587	25 "Clean energy" means energy generation that is 90% or
588	588	26 greater free of carbon dioxide emissions.
589	589
590	590
591	591
592	592
593	593
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595	595
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599	599	1 "Commission" means the Illinois Commerce Commission.
600	600	2 "Community renewable generation project" means an electric
601	601	3 generating facility that:
602	602	4 (1) is powered by wind, solar thermal energy,
603	603	5 photovoltaic cells or panels, biodiesel, crops and
604	604	6 untreated and unadulterated organic waste biomass, and
605	605	7 hydropower that does not involve new construction or
606	606	8 significant expansion of hydropower dams;
607	607	9 (2) is interconnected at the distribution system level
608	608	10 of an electric utility as defined in this Section, a
609	609	11 municipal utility as defined in this Section that owns or
610	610	12 operates electric distribution facilities, a public
611	611	13 utility as defined in Section 3-105 of the Public
612	612	14 Utilities Act, or an electric cooperative, as defined in
613	613	15 Section 3-119 of the Public Utilities Act;
614	614	16 (3) credits the value of electricity generated by the
615	615	17 facility to the subscribers of the facility; and
616	616	18 (4) is limited in nameplate capacity to less than or
617	617	19 equal to 5,000 kilowatts.
618	618	20 "Costs incurred in connection with the development and
619	619	21 construction of a facility" means:
620	620	22 (1) the cost of acquisition of all real property,
621	621	23 fixtures, and improvements in connection therewith and
622	622	24 equipment, personal property, and other property, rights,
623	623	25 and easements acquired that are deemed necessary for the
624	624	26 operation and maintenance of the facility;
625	625
626	626
627	627
628	628
629	629
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631	631
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635	635	1 (2) financing costs with respect to bonds, notes, and
636	636	2 other evidences of indebtedness of the Agency;
637	637	3 (3) all origination, commitment, utilization,
638	638	4 facility, placement, underwriting, syndication, credit
639	639	5 enhancement, and rating agency fees;
640	640	6 (4) engineering, design, procurement, consulting,
641	641	7 legal, accounting, title insurance, survey, appraisal,
642	642	8 escrow, trustee, collateral agency, interest rate hedging,
643	643	9 interest rate swap, capitalized interest, contingency, as
644	644	10 required by lenders, and other financing costs, and other
645	645	11 expenses for professional services; and
646	646	12 (5) the costs of plans, specifications, site study and
647	647	13 investigation, installation, surveys, other Agency costs
648	648	14 and estimates of costs, and other expenses necessary or
649	649	15 incidental to determining the feasibility of any project,
650	650	16 together with such other expenses as may be necessary or
651	651	17 incidental to the financing, insuring, acquisition, and
652	652	18 construction of a specific project and starting up,
653	653	19 commissioning, and placing that project in operation.
654	654	20 "Delivery services" has the same definition as found in
655	655	21 Section 16-102 of the Public Utilities Act.
656	656	22 "Delivery year" means the consecutive 12-month period
657	657	23 beginning June 1 of a given year and ending May 31 of the
658	658	24 following year.
659	659	25 "Department" means the Department of Commerce and Economic
660	660	26 Opportunity.
661	661
662	662
663	663
664	664
665	665
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667	667
668	668
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671	671	1 "Director" means the Director of the Illinois Power
672	672	2 Agency.
673	673	3 "Demand-response" means measures that decrease peak
674	674	4 electricity demand or shift demand from peak to off-peak
675	675	5 periods.
676	676	6 "Distributed renewable energy generation device" means a
677	677	7 device that is:
678	678	8 (1) powered by wind, solar thermal energy,
679	679	9 photovoltaic cells or panels, biodiesel, crops and
680	680	10 untreated and unadulterated organic waste biomass, tree
681	681	11 waste, and hydropower that does not involve new
682	682	12 construction or significant expansion of hydropower dams,
683	683	13 waste heat to power systems, or qualified combined heat
684	684	14 and power systems;
685	685	15 (2) interconnected at the distribution system level of
686	686	16 either an electric utility as defined in this Section, a
687	687	17 municipal utility as defined in this Section that owns or
688	688	18 operates electric distribution facilities, or a rural
689	689	19 electric cooperative as defined in Section 3-119 of the
690	690	20 Public Utilities Act;
691	691	21 (3) located on the customer side of the customer's
692	692	22 electric meter and is primarily used to offset that
693	693	23 customer's electricity load; and
694	694	24 (4) (blank).
695	695	25 "Energy efficiency" means measures that reduce the amount
696	696	26 of electricity or natural gas consumed in order to achieve a
697	697
698	698
699	699
700	700
701	701
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703	703
704	704
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707	707	1 given end use. "Energy efficiency" includes voltage
708	708	2 optimization measures that optimize the voltage at points on
709	709	3 the electric distribution voltage system and thereby reduce
710	710	4 electricity consumption by electric customers' end use
711	711	5 devices. "Energy efficiency" also includes measures that
712	712	6 reduce the total Btus of electricity, natural gas, and other
713	713	7 fuels needed to meet the end use or uses.
714	714	8 "Electric utility" has the same definition as found in
715	715	9 Section 16-102 of the Public Utilities Act.
716	716	10 "Equity investment eligible community" or "eligible
717	717	11 community" are synonymous and mean the geographic areas
718	718	12 throughout Illinois which would most benefit from equitable
719	719	13 investments by the State designed to combat discrimination.
720	720	14 Specifically, the eligible communities shall be defined as the
721	721	15 following areas:
722	722	16 (1) R3 Areas as established pursuant to Section 10-40
723	723	17 of the Cannabis Regulation and Tax Act, where residents
724	724	18 have historically been excluded from economic
725	725	19 opportunities, including opportunities in the energy
726	726	20 sector; and
727	727	21 (2) environmental Environmental justice communities,
728	728	22 as defined by the Illinois Power Agency pursuant to the
729	729	23 Illinois Power Agency Act, where residents have
730	730	24 historically been subject to disproportionate burdens of
731	731	25 pollution, including pollution from the energy sector.
732	732	26 "Equity eligible persons" or "eligible persons" means
733	733
734	734
735	735
736	736
737	737
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739	739
740	740
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742	742	HB3119 - 21 - LRB103 29449 CPF 55841 b
743	743	1 persons who would most benefit from equitable investments by
744	744	2 the State designed to combat discrimination, specifically:
745	745	3 (1) persons who graduate from or are current or former
746	746	4 participants in the Clean Jobs Workforce Network Program,
747	747	5 the Clean Energy Contractor Incubator Program, the
748	748	6 Illinois Climate Works Preapprenticeship Program,
749	749	7 Returning Residents Clean Jobs Training Program, or the
750	750	8 Clean Energy Primes Contractor Accelerator Program, and
751	751	9 the solar training pipeline and multi-cultural jobs
752	752	10 program created in paragraphs (a)(1) and (a)(3) of Section
753	753	11 16-208.12 16-108.21 of the Public Utilities Act;
754	754	12 (2) persons who are graduates of or currently enrolled
755	755	13 in the foster care system;
756	756	14 (3) persons who were formerly incarcerated;
757	757	15 (4) persons whose primary residence is in an equity
758	758	16 investment eligible community.
759	759	17 "Equity eligible contractor" means a business that is
760	760	18 majority-owned by eligible persons, or a nonprofit or
761	761	19 cooperative that is majority-governed by eligible persons, or
762	762	20 is a natural person that is an eligible person offering
763	763	21 personal services as an independent contractor.
764	764	22 "Facility" means an electric generating unit or a
765	765	23 co-generating unit that produces electricity along with
766	766	24 related equipment necessary to connect the facility to an
767	767	25 electric transmission or distribution system.
768	768	26 "General contractor Contractor" means the entity or
769	769
770	770
771	771
772	772
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779	779	1 organization with main responsibility for the building of a
780	780	2 construction project and who is the party signing the prime
781	781	3 construction contract for the project.
782	782	4 "Governmental aggregator" means one or more units of local
783	783	5 government that individually or collectively procure
784	784	6 electricity to serve residential retail electrical loads
785	785	7 located within its or their jurisdiction.
786	786	8 "High voltage direct current converter station" means the
787	787	9 collection of equipment that converts direct current energy
788	788	10 from a high voltage direct current transmission line into
789	789	11 alternating current using Voltage Source Conversion technology
790	790	12 and that is interconnected with transmission or distribution
791	791	13 assets located in Illinois.
792	792	14 "High voltage direct current renewable energy credit"
793	793	15 means a renewable energy credit associated with a renewable
794	794	16 energy resource where the renewable energy resource has
795	795	17 entered into a contract to transmit the energy associated with
796	796	18 such renewable energy credit over high voltage direct current
797	797	19 transmission facilities.
798	798	20 "High voltage direct current transmission facilities"
799	799	21 means the collection of installed equipment that converts
800	800	22 alternating current energy in one location to direct current
801	801	23 and transmits that direct current energy to a high voltage
802	802	24 direct current converter station using Voltage Source
803	803	25 Conversion technology. "High voltage direct current
804	804	26 transmission facilities" includes the high voltage direct
805	805
806	806
807	807
808	808
809	809
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811	811
812	812
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815	815	1 current converter station itself and associated high voltage
816	816	2 direct current transmission lines. Notwithstanding the
817	817	3 preceding, after September 15, 2021 (the effective date of
818	818	4 Public Act 102-662) this amendatory Act of the 102nd General
819	819	5 Assembly, an otherwise qualifying collection of equipment does
820	820	6 not qualify as high voltage direct current transmission
821	821	7 facilities unless its developer entered into a project labor
822	822	8 agreement, is capable of transmitting electricity at 525kv
823	823	9 with an Illinois converter station located and interconnected
824	824	10 in the region of the PJM Interconnection, LLC, and the system
825	825	11 does not operate as a public utility, as that term is defined
826	826	12 in Section 3-105 of the Public Utilities Act.
827	827	13 "Index price" means the real-time energy settlement price
828	828	14 at the applicable Illinois trading hub, such as PJM-NIHUB or
829	829	15 MISO-IL, for a given settlement period.
830	830	16 "Indexed renewable energy credit" means a tradable credit
831	831	17 that represents the environmental attributes of one megawatt
832	832	18 hour of energy produced from a renewable energy resource, the
833	833	19 price of which shall be calculated by subtracting the strike
834	834	20 price offered by a new utility-scale wind project or a new
835	835	21 utility-scale photovoltaic project from the index price in a
836	836	22 given settlement period.
837	837	23 "Indexed renewable energy credit counterparty" has the
838	838	24 same meaning as "public utility" as defined in Section 3-105
839	839	25 of the Public Utilities Act.
840	840	26 "Local government" means a unit of local government as
841	841
842	842
843	843
844	844
845	845
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847	847
848	848
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851	851	1 defined in Section 1 of Article VII of the Illinois
852	852	2 Constitution.
853	853	3 "Municipality" means a city, village, or incorporated
854	854	4 town.
855	855	5 "Municipal utility" means a public utility owned and
856	856	6 operated by any subdivision or municipal corporation of this
857	857	7 State.
858	858	8 "Nameplate capacity" means the aggregate inverter
859	859	9 nameplate capacity in kilowatts AC.
860	860	10 "Person" means any natural person, firm, partnership,
861	861	11 corporation, either domestic or foreign, company, association,
862	862	12 limited liability company, joint stock company, or association
863	863	13 and includes any trustee, receiver, assignee, or personal
864	864	14 representative thereof.
865	865	15 "Project" means the planning, bidding, and construction of
866	866	16 a facility.
867	867	17 "Project labor agreement" means a pre-hire collective
868	868	18 bargaining agreement that covers all terms and conditions of
869	869	19 employment on a specific construction project and must include
870	870	20 the following:
871	871	21 (1) provisions establishing the minimum hourly wage
872	872	22 for each class of labor organization employee;
873	873	23 (2) provisions establishing the benefits and other
874	874	24 compensation for each class of labor organization
875	875	25 employee;
876	876	26 (3) provisions establishing that no strike or disputes
877	877
878	878
879	879
880	880
881	881
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883	883
884	884
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887	887	1 will be engaged in by the labor organization employees;
888	888	2 (4) provisions establishing that no lockout or
889	889	3 disputes will be engaged in by the general contractor
890	890	4 building the project; and
891	891	5 (5) provisions for minorities and women, as defined
892	892	6 under the Business Enterprise for Minorities, Women, and
893	893	7 Persons with Disabilities Act, setting forth goals for
894	894	8 apprenticeship hours to be performed by minorities and
895	895	9 women and setting forth goals for total hours to be
896	896	10 performed by underrepresented minorities and women.
897	897	11 A labor organization and the general contractor building
898	898	12 the project shall have the authority to include other terms
899	899	13 and conditions as they deem necessary.
900	900	14 "Public utility" has the same definition as found in
901	901	15 Section 3-105 of the Public Utilities Act.
902	902	16 "Qualified combined heat and power systems" means systems
903	903	17 that, either simultaneously or sequentially, produce
904	904	18 electricity and useful thermal energy from a single fuel
905	905	19 source. Such systems are eligible for "renewable energy
906	906	20 credits" in an amount equal to its total energy output where a
907	907	21 renewable fuel is consumed or in an amount equal to the net
908	908	22 reduction in nonrenewable fuel consumed on a total energy
909	909	23 output basis.
910	910	24 "Real property" means any interest in land together with
911	911	25 all structures, fixtures, and improvements thereon, including
912	912	26 lands under water and riparian rights, any easements,
913	913
914	914
915	915
916	916
917	917
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919	919
920	920
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923	923	1 covenants, licenses, leases, rights-of-way, uses, and other
924	924	2 interests, together with any liens, judgments, mortgages, or
925	925	3 other claims or security interests related to real property.
926	926	4 "Renewable energy credit" means a tradable credit that
927	927	5 represents the environmental attributes of one megawatt hour
928	928	6 of energy produced from a renewable energy resource.
929	929	7 "Renewable energy resources" includes energy and its
930	930	8 associated renewable energy credit or renewable energy credits
931	931	9 from wind, solar thermal energy, photovoltaic cells and
932	932	10 panels, biodiesel, anaerobic digestion, crops and untreated
933	933	11 and unadulterated organic waste biomass, and hydropower that
934	934	12 does not involve new construction or significant expansion of
935	935	13 hydropower dams, waste heat to power systems, or qualified
936	936	14 combined heat and power systems. For purposes of this Act,
937	937	15 landfill gas produced in the State is considered a renewable
938	938	16 energy resource. "Renewable energy resources" does not include
939	939	17 the incineration or burning of tires, garbage, general
940	940	18 household, institutional, and commercial waste, industrial
941	941	19 lunchroom or office waste, landscape waste, railroad
942	942	20 crossties, utility poles, or construction or demolition
943	943	21 debris, other than untreated and unadulterated waste wood.
944	944	22 "Renewable energy resources" also includes high voltage direct
945	945	23 current renewable energy credits and the associated energy
946	946	24 converted to alternating current by a high voltage direct
947	947	25 current converter station to the extent that: (1) the
948	948	26 generator of such renewable energy resource contracted with a
949	949
950	950
951	951
952	952
953	953
954	954	HB3119 - 26 - LRB103 29449 CPF 55841 b
955	955
956	956
957	957	HB3119- 27 -LRB103 29449 CPF 55841 b HB3119 - 27 - LRB103 29449 CPF 55841 b
958	958	HB3119 - 27 - LRB103 29449 CPF 55841 b
959	959	1 third party to transmit the energy over the high voltage
960	960	2 direct current transmission facilities, and (2) the
961	961	3 third-party contracting for delivery of renewable energy
962	962	4 resources over the high voltage direct current transmission
963	963	5 facilities have ownership rights over the unretired associated
964	964	6 high voltage direct current renewable energy credit.
965	965	7 "Retail customer" has the same definition as found in
966	966	8 Section 16-102 of the Public Utilities Act.
967	967	9 "Revenue bond" means any bond, note, or other evidence of
968	968	10 indebtedness issued by the Authority, the principal and
969	969	11 interest of which is payable solely from revenues or income
970	970	12 derived from any project or activity of the Agency.
971	971	13 "Sequester" means permanent storage of carbon dioxide by
972	972	14 injecting it into a saline aquifer, a depleted gas reservoir,
973	973	15 or other pore space an oil reservoir, directly or through an
974	974	16 enhanced oil recovery process that may involve intermediate
975	975	17 storage, regardless of whether these activities are conducted
976	976	18 by a clean coal facility, a clean coal SNG facility, a clean
977	977	19 coal SNG brownfield facility, or a party with which a clean
978	978	20 coal facility, clean coal SNG facility, or clean coal SNG
979	979	21 brownfield facility has contracted for such purposes.
980	980	22 "Service area" has the same definition as found in Section
981	981	23 16-102 of the Public Utilities Act.
982	982	24 "Settlement period" means the period of time utilized by
983	983	25 MISO and PJM and their successor organizations as the basis
984	984	26 for settlement calculations in the real-time energy market.
985	985
986	986
987	987
988	988
989	989
990	990	HB3119 - 27 - LRB103 29449 CPF 55841 b
991	991
992	992
993	993	HB3119- 28 -LRB103 29449 CPF 55841 b HB3119 - 28 - LRB103 29449 CPF 55841 b
994	994	HB3119 - 28 - LRB103 29449 CPF 55841 b
995	995	1 "Sourcing agreement" means (i) in the case of an electric
996	996	2 utility, an agreement between the owner of a clean coal
997	997	3 facility and such electric utility, which agreement shall have
998	998	4 terms and conditions meeting the requirements of paragraph (3)
999	999	5 of subsection (d) of Section 1-75, (ii) in the case of an
1000	1000	6 alternative retail electric supplier, an agreement between the
1001	1001	7 owner of a clean coal facility and such alternative retail
1002	1002	8 electric supplier, which agreement shall have terms and
1003	1003	9 conditions meeting the requirements of Section 16-115(d)(5) of
1004	1004	10 the Public Utilities Act, and (iii) in case of a gas utility,
1005	1005	11 an agreement between the owner of a clean coal SNG brownfield
1006	1006	12 facility and the gas utility, which agreement shall have the
1007	1007	13 terms and conditions meeting the requirements of subsection
1008	1008	14 (h-1) of Section 9-220 of the Public Utilities Act.
1009	1009	15 "Strike price" means a contract price for energy and
1010	1010	16 renewable energy credits from a new utility-scale wind project
1011	1011	17 or a new utility-scale photovoltaic project.
1012	1012	18 "Subscriber" means a person who (i) takes delivery service
1013	1013	19 from an electric utility, and (ii) has a subscription of no
1014	1014	20 less than 200 watts to a community renewable generation
1015	1015	21 project that is located in the electric utility's service
1016	1016	22 area. No subscriber's subscriptions may total more than 40% of
1017	1017	23 the nameplate capacity of an individual community renewable
1018	1018	24 generation project. Entities that are affiliated by virtue of
1019	1019	25 a common parent shall not represent multiple subscriptions
1020	1020	26 that total more than 40% of the nameplate capacity of an
1021	1021
1022	1022
1023	1023
1024	1024
1025	1025
1026	1026	HB3119 - 28 - LRB103 29449 CPF 55841 b
1027	1027
1028	1028
1029	1029	HB3119- 29 -LRB103 29449 CPF 55841 b HB3119 - 29 - LRB103 29449 CPF 55841 b
1030	1030	HB3119 - 29 - LRB103 29449 CPF 55841 b
1031	1031	1 individual community renewable generation project.
1032	1032	2 "Subscription" means an interest in a community renewable
1033	1033	3 generation project expressed in kilowatts, which is sized
1034	1034	4 primarily to offset part or all of the subscriber's
1035	1035	5 electricity usage.
1036	1036	6 "Substitute natural gas" or "SNG" means a gas manufactured
1037	1037	7 by gasification of hydrocarbon feedstock, which is
1038	1038	8 substantially interchangeable in use and distribution with
1039	1039	9 conventional natural gas.
1040	1040	10 "Total resource cost test" or "TRC test" means a standard
1041	1041	11 that is met if, for an investment in energy efficiency or
1042	1042	12 demand-response measures, the benefit-cost ratio is greater
1043	1043	13 than one. The benefit-cost ratio is the ratio of the net
1044	1044	14 present value of the total benefits of the program to the net
1045	1045	15 present value of the total costs as calculated over the
1046	1046	16 lifetime of the measures. A total resource cost test compares
1047	1047	17 the sum of avoided electric utility costs, representing the
1048	1048	18 benefits that accrue to the system and the participant in the
1049	1049	19 delivery of those efficiency measures and including avoided
1050	1050	20 costs associated with reduced use of natural gas or other
1051	1051	21 fuels, avoided costs associated with reduced water
1052	1052	22 consumption, and avoided costs associated with reduced
1053	1053	23 operation and maintenance costs, as well as other quantifiable
1054	1054	24 societal benefits, to the sum of all incremental costs of
1055	1055	25 end-use measures that are implemented due to the program
1056	1056	26 (including both utility and participant contributions), plus
1057	1057
1058	1058
1059	1059
1060	1060
1061	1061
1062	1062	HB3119 - 29 - LRB103 29449 CPF 55841 b
1063	1063
1064	1064
1065	1065	HB3119- 30 -LRB103 29449 CPF 55841 b HB3119 - 30 - LRB103 29449 CPF 55841 b
1066	1066	HB3119 - 30 - LRB103 29449 CPF 55841 b
1067	1067	1 costs to administer, deliver, and evaluate each demand-side
1068	1068	2 program, to quantify the net savings obtained by substituting
1069	1069	3 the demand-side program for supply resources. In calculating
1070	1070	4 avoided costs of power and energy that an electric utility
1071	1071	5 would otherwise have had to acquire, reasonable estimates
1072	1072	6 shall be included of financial costs likely to be imposed by
1073	1073	7 future regulations and legislation on emissions of greenhouse
1074	1074	8 gases. In discounting future societal costs and benefits for
1075	1075	9 the purpose of calculating net present values, a societal
1076	1076	10 discount rate based on actual, long-term Treasury bond yields
1077	1077	11 should be used. Notwithstanding anything to the contrary, the
1078	1078	12 TRC test shall not include or take into account a calculation
1079	1079	13 of market price suppression effects or demand reduction
1080	1080	14 induced price effects.
1081	1081	15 "Utility-scale solar project" means an electric generating
1082	1082	16 facility that:
1083	1083	17 (1) generates electricity using photovoltaic cells;
1084	1084	18 and
1085	1085	19 (2) has a nameplate capacity that is greater than
1086	1086	20 5,000 kilowatts.
1087	1087	21 "Utility-scale wind project" means an electric generating
1088	1088	22 facility that:
1089	1089	23 (1) generates electricity using wind; and
1090	1090	24 (2) has a nameplate capacity that is greater than
1091	1091	25 5,000 kilowatts.
1092	1092	26 "Waste Heat to Power Systems" means systems that capture
1093	1093
1094	1094
1095	1095
1096	1096
1097	1097
1098	1098	HB3119 - 30 - LRB103 29449 CPF 55841 b
1099	1099
1100	1100
1101	1101	HB3119- 31 -LRB103 29449 CPF 55841 b HB3119 - 31 - LRB103 29449 CPF 55841 b
1102	1102	HB3119 - 31 - LRB103 29449 CPF 55841 b
1103	1103	1 and generate electricity from energy that would otherwise be
1104	1104	2 lost to the atmosphere without the use of additional fuel.
1105	1105	3 "Zero emission credit" means a tradable credit that
1106	1106	4 represents the environmental attributes of one megawatt hour
1107	1107	5 of energy produced from a zero emission facility.
1108	1108	6 "Zero emission facility" means a facility that: (1) is
1109	1109	7 fueled by nuclear power; and (2) is interconnected with PJM
1110	1110	8 Interconnection, LLC or the Midcontinent Independent System
1111	1111	9 Operator, Inc., or their successors.
1112	1112	10 (Source: P.A. 102-662, eff. 9-15-21; revised 6-2-22.)
1113	1113	11 Section 905. The State Finance Act is amended by adding
1114	1114	12 Section 5.992 as follows:
1115	1115	13 (30 ILCS 105/5.992 new)
1116	1116	14 Sec. 5.992. The Carbon Transportation and Sequestration
1117	1117	15 Readiness Fund.
1118	1118	16 Section 910. The Carbon Dioxide Transportation and
1119	1119	17 Sequestration Act is amended by changing Sections 10, 15, and
1120	1120	18 20 as follows:
1121	1121	19 (220 ILCS 75/10)
1122	1122	20 Sec. 10. Definitions. As used in this Act:
1123	1123	21 "Carbon dioxide pipeline" or "pipeline" has the meaning
1124	1124	22 ascribed to that term in Section 10 of the Carbon Dioxide
1125	1125
1126	1126
1127	1127
1128	1128
1129	1129
1130	1130	HB3119 - 31 - LRB103 29449 CPF 55841 b
1131	1131
1132	1132
1133	1133	HB3119- 32 -LRB103 29449 CPF 55841 b HB3119 - 32 - LRB103 29449 CPF 55841 b
1134	1134	HB3119 - 32 - LRB103 29449 CPF 55841 b
1135	1135	1 Transport and Storage Protections Act means the in-state
1136	1136	2 portion of a pipeline, including appurtenant facilities,
1137	1137	3 property rights, and easements, that are used exclusively for
1138	1138	4 the purpose of transporting carbon dioxide to a point of sale,
1139	1139	5 storage, enhanced oil recovery, or other carbon management
1140	1140	6 application.
1141	1141	7 "Clean coal facility" has the meaning ascribed to that
1142	1142	8 term in Section 1-10 of the Illinois Power Agency Act.
1143	1143	9 "Clean coal SNG facility" has the meaning ascribed to that
1144	1144	10 term in Section 1-10 of the Illinois Power Agency Act.
1145	1145	11 "Commission" means the Illinois Commerce Commission.
1146	1146	12 "Sequester" has the meaning ascribed to that term in
1147	1147	13 Section 1-10 of the Illinois Power Agency Act.
1148	1148	14 "Transportation" has the meaning ascribed to that term in
1149	1149	15 Section 10 of the Carbon Dioxide Transport and Storage
1150	1150	16 Protections Act means the physical movement of carbon dioxide
1151	1151	17 by pipeline conducted for a person's own use or account or the
1152	1152	18 use or account of another person or persons.
1153	1153	19 (Source: P.A. 97-534, eff. 8-23-11.)
1154	1154	20 (220 ILCS 75/15)
1155	1155	21 Sec. 15. Scope. This Act applies to the application
1156	1156	22 process for the issuance of a certificate of authority by an
1157	1157	23 owner or operator of a pipeline designed, constructed, and
1158	1158	24 operated to transport and to sequester carbon dioxide produced
1159	1159	25 by a clean coal facility, by a clean coal SNG facility, or by
1160	1160
1161	1161
1162	1162
1163	1163
1164	1164
1165	1165	HB3119 - 32 - LRB103 29449 CPF 55841 b
1166	1166
1167	1167
1168	1168	HB3119- 33 -LRB103 29449 CPF 55841 b HB3119 - 33 - LRB103 29449 CPF 55841 b
1169	1169	HB3119 - 33 - LRB103 29449 CPF 55841 b
1170	1170	1 any other source that will result in the reduction of carbon
1171	1171	2 dioxide emissions from that source.
1172	1172	3 (Source: P.A. 97-534, eff. 8-23-11.)
1173	1173	4 (220 ILCS 75/20)
1174	1174	5 Sec. 20. Application.
1175	1175	6 (a) No person or entity may construct, operate, or repair
1176	1176	7 a carbon dioxide pipeline unless the person or entity
1177	1177	8 possesses a certificate of authority.
1178	1178	9 (a-5) Prior to filing an application for a certificate of
1179	1179	10 authority with the Commission, a person or entity seeking such
1180	1180	11 a certificate must:
1181	1181	12 (1) hold at least one informational public meeting in
1182	1182	13 each county in which the pipeline it seeks would be
1183	1183	14 located, at which it must: (i) present a map of the
1184	1184	15 proposed pipeline route under consideration; (ii) provide,
1185	1185	16 at a minimum, information about the diameter of the
1186	1186	17 pipeline it intends to propose; the contents, flow rate,
1187	1187	18 pressure, and temperature of the pipeline and the
1188	1188	19 ancillary equipment associated with the pipeline; (iii)
1189	1189	20 present any emergency response plan it has drafted or is
1190	1190	21 preparing; and (iv) be prepared to answer questions from
1191	1191	22 the public concerning the pipeline;
1192	1192	23 (2) consult with the boards of all counties and, if
1193	1193	24 the proposed pipeline would pass through any
1194	1194	25 municipalities, all municipal governments through which
1195	1195
1196	1196
1197	1197
1198	1198
1199	1199
1200	1200	HB3119 - 33 - LRB103 29449 CPF 55841 b
1201	1201
1202	1202
1203	1203	HB3119- 34 -LRB103 29449 CPF 55841 b HB3119 - 34 - LRB103 29449 CPF 55841 b
1204	1204	HB3119 - 34 - LRB103 29449 CPF 55841 b
1205	1205	1 the pipeline would pass on the following subjects: zoning;
1206	1206	2 emergency response planning; road crossings, use, repair,
1207	1207	3 and bonding; right-of-way agreements for county and
1208	1208	4 municipal land; and pipeline abandonment. During at least
1209	1209	5 one public meeting of the county boards or municipal
1210	1210	6 bodies with which the consultation is taking place, the
1211	1211	7 person or entity planning to seek a certificate of
1212	1212	8 authority must provide a presentation on the subjects of
1213	1213	9 consultation and seek public input; and
1214	1214	10 (3) compile an accurate, verified list of all occupied
1215	1215	11 residences, businesses, schools, day cares, and health
1216	1216	12 care facilities located within 1.5 miles of its proposed
1217	1217	13 pipeline route, which list it shall submit, prior to
1218	1218	14 filing its application, to the county and municipal
1219	1219	15 governments of any county and municipality through which
1220	1220	16 the proposed pipeline will pass.
1221	1221	17 (b) The Commission, after a hearing, may grant an
1222	1222	18 application for a certificate of authority authorizing the
1223	1223	19 construction and operation of a carbon dioxide pipeline if it
1224	1224	20 makes a specific written finding as to each of the following:
1225	1225	21 (1) the application was properly filed;
1226	1226	22 (2) the applicant is fit, willing, and able to
1227	1227	23 construct and operate the pipeline in compliance with this
1228	1228	24 Act and with Commission regulations and orders of the
1229	1229	25 Commission or any applicable federal agencies;
1230	1230	26 (3) the applicant has entered into an agreement with a
1231	1231
1232	1232
1233	1233
1234	1234
1235	1235
1236	1236	HB3119 - 34 - LRB103 29449 CPF 55841 b
1237	1237
1238	1238
1239	1239	HB3119- 35 -LRB103 29449 CPF 55841 b HB3119 - 35 - LRB103 29449 CPF 55841 b
1240	1240	HB3119 - 35 - LRB103 29449 CPF 55841 b
1241	1241	1 clean coal facility, a clean coal SNG facility, or any
1242	1242	2 other source that will result in the reduction of carbon
1243	1243	3 dioxide emissions from that source;
1244	1244	4 (4) the applicant has filed with the Pipeline and
1245	1245	5 Hazardous Materials Safety Administration of the U.S.
1246	1246	6 Department of Transportation all forms required by that
1247	1247	7 agency in advance of constructing a carbon dioxide
1248	1248	8 pipeline;
1249	1249	9 (5) the applicant has filed with the U.S. Army Corps
1250	1250	10 of Engineers all applications for permits required by that
1251	1251	11 agency in advance of constructing a carbon dioxide
1252	1252	12 pipeline;
1253	1253	13 (6) the applicant has entered into an agreement with
1254	1254	14 the Illinois Department of Agriculture that governs the
1255	1255	15 mitigation of agricultural impacts associated with the
1256	1256	16 construction of the proposed pipeline;
1257	1257	17 (7) the applicant possesses the financial, managerial,
1258	1258	18 legal, and technical qualifications necessary to construct
1259	1259	19 and operate the proposed carbon dioxide pipeline; and
1260	1260	20 (7.5) the applicant has demonstrated that its proposed
1261	1261	21 pipeline route would satisfy the setback mandates
1262	1262	22 established in Section 9.19 of the Environmental
1263	1263	23 Protection Act, as amended, or that the applicant has
1264	1264	24 obtained an approved variance or adjusted standard from
1265	1265	25 those setback requirements from the Illinois Pollution
1266	1266	26 Control Board;
1267	1267
1268	1268
1269	1269
1270	1270
1271	1271
1272	1272	HB3119 - 35 - LRB103 29449 CPF 55841 b
1273	1273
1274	1274
1275	1275	HB3119- 36 -LRB103 29449 CPF 55841 b HB3119 - 36 - LRB103 29449 CPF 55841 b
1276	1276	HB3119 - 36 - LRB103 29449 CPF 55841 b
1277	1277	1 (7.10) the applicant has submitted proof of receipt by
1278	1278	2 county and municipal government officials of counties and
1279	1279	3 municipalities through which the proposed pipeline will
1280	1280	4 pass of the list of all occupied residences, businesses,
1281	1281	5 schools, day cares, and health care facilities located
1282	1282	6 within 2 miles of its proposed pipeline route;
1283	1283	7 (7.15) the applicant has submitted proof that it has
1284	1284	8 obtained easements or title from all persons owning any
1285	1285	9 portion of the property the applicant seeks to utilize for
1286	1286	10 the construction, maintenance, or operation of the
1287	1287	11 proposed carbon dioxide pipeline;
1288	1288	12 (7.20) the applicant has provided an analysis of
1289	1289	13 geohazards, including, but not limited to, slope
1290	1290	14 instability, frost heave, soil settlement, erosion,
1291	1291	15 earthquakes, mine subsidence, or other dynamic geologic,
1292	1292	16 edaphic, and meteorological conditions along the proposed
1293	1293	17 pipeline route and has demonstrated that the proposed
1294	1294	18 route avoids geohazards to the maximum extent possible;
1295	1295	19 and
1296	1296	20 (8) the proposed pipeline is consistent with the
1297	1297	21 public interest and , public benefit, and legislative
1298	1298	22 purpose as set forth in this Act. In addition to any other
1299	1299	23 evidence the Commission may consider on this specific
1300	1300	24 finding, the Commission shall consider the following:
1301	1301	25 (A) any evidence of the effect of the pipeline
1302	1302	26 upon the economy, infrastructure, environment, and
1303	1303
1304	1304
1305	1305
1306	1306
1307	1307
1308	1308	HB3119 - 36 - LRB103 29449 CPF 55841 b
1309	1309
1310	1310
1311	1311	HB3119- 37 -LRB103 29449 CPF 55841 b HB3119 - 37 - LRB103 29449 CPF 55841 b
1312	1312	HB3119 - 37 - LRB103 29449 CPF 55841 b
1313	1313	1 public safety presented by local governmental units
1314	1314	2 that will be affected by the proposed pipeline route;
1315	1315	3 (B) any evidence of the effect of the pipeline
1316	1316	4 upon property values presented by property owners who
1317	1317	5 will be affected by the proposed pipeline or facility,
1318	1318	6 provided that the Commission need not hear evidence as
1319	1319	7 to the actual valuation of property such as that as
1320	1320	8 would be presented to and determined by the courts
1321	1321	9 under the Eminent Domain Act;
1322	1322	10 (C) any evidence presented by the Department of
1323	1323	11 Commerce and Economic Opportunity regarding the
1324	1324	12 current and future local, State-wide, or regional
1325	1325	13 economic effect, direct or indirect, of the proposed
1326	1326	14 pipeline or facility including, but not limited to,
1327	1327	15 ability of the State to attract economic growth, meet
1328	1328	16 future energy requirements, and ensure compliance with
1329	1329	17 environmental requirements and goals;
1330	1330	18 (D) any evidence addressing the factors described
1331	1331	19 in items (1) through (8) of this subsection (b) or
1332	1332	20 other relevant factors that is presented by any other
1333	1333	21 State agency, the applicant, a party, or other entity
1334	1334	22 that participates in the proceeding, including
1335	1335	23 evidence presented by the Commission's staff; and
1336	1336	24 (E) any evidence presented by any State or federal
1337	1337	25 governmental entity as to how the proposed pipeline
1338	1338	26 will affect the security, stability, and reliability
1339	1339
1340	1340
1341	1341
1342	1342
1343	1343
1344	1344	HB3119 - 37 - LRB103 29449 CPF 55841 b
1345	1345
1346	1346
1347	1347	HB3119- 38 -LRB103 29449 CPF 55841 b HB3119 - 38 - LRB103 29449 CPF 55841 b
1348	1348	HB3119 - 38 - LRB103 29449 CPF 55841 b
1349	1349	1 of energy.
1350	1350	2 In its written order, the Commission shall address all of
1351	1351	3 the evidence presented, and if the order is contrary to any of
1352	1352	4 the evidence, the Commission shall state the reasons for its
1353	1353	5 determination with regard to that evidence.
1354	1354	6 (c) When an applicant files its application for a
1355	1355	7 certificate of authority with the Commission, it shall provide
1356	1356	8 notice to each local government where the proposed pipeline
1357	1357	9 will be located and include a map of the proposed pipeline
1358	1358	10 route. The applicant shall also publish notice in a newspaper
1359	1359	11 of general circulation in each county where the proposed
1360	1360	12 pipeline is located.
1361	1361	13 (d) An application for a certificate of authority filed
1362	1362	14 pursuant to this Section shall request either that the
1363	1363	15 Commission review and approve a specific route for a carbon
1364	1364	16 dioxide pipeline, or that the Commission review and approve a
1365	1365	17 project route width that identifies the areas in which the
1366	1366	18 pipeline would be located, with such width ranging from the
1367	1367	19 minimum width required for a pipeline right-of-way up to 200
1368	1368	20 feet in width. A map of the route or route width shall be
1369	1369	21 included in the application. The purpose for allowing the
1370	1370	22 option of review and approval of a project route width is to
1371	1371	23 provide increased flexibility during the construction process
1372	1372	24 to accommodate specific landowner requests, avoid
1373	1373	25 environmentally sensitive areas, or address special
1374	1374	26 environmental permitting requirements.
1375	1375
1376	1376
1377	1377
1378	1378
1379	1379
1380	1380	HB3119 - 38 - LRB103 29449 CPF 55841 b
1381	1381
1382	1382
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1384	1384	HB3119 - 39 - LRB103 29449 CPF 55841 b
1385	1385	1 (e) The Commission's rules shall ensure that notice of an
1386	1386	2 application for a certificate of authority is provided within
1387	1387	3 30 days after filing to the landowners along a proposed
1388	1388	4 project route, or to the potentially affected landowners
1389	1389	5 within a proposed project route width, using the notification
1390	1390	6 procedures set forth in the Commission's rules. If the
1391	1391	7 Commission grants approval of a project route width as opposed
1392	1392	8 to a specific project route, then the applicant must, as it
1393	1393	9 finalizes the actual pipeline alignment within the project
1394	1394	10 route width, file its final list of affected landowners with
1395	1395	11 the Commission at least 14 days in advance of beginning
1396	1396	12 construction on any tract within the project route width and
1397	1397	13 also provide the Commission with at least 14 days' notice
1398	1398	14 before filing a complaint for eminent domain in the circuit
1399	1399	15 court with regard to any tract within the project route width.
1400	1400	16 (f) The Commission shall make its determination on any
1401	1401	17 application for a certificate of authority filed pursuant to
1402	1402	18 this Section and issue its final order within 11 months after
1403	1403	19 the date that the application is filed. The Commission's
1404	1404	20 failure to act within this time period shall not be deemed an
1405	1405	21 approval or denial of the application.
1406	1406	22 (g) A final order of the Commission granting a certificate
1407	1407	23 of authority pursuant to this Act shall not be issued until the
1408	1408	24 applicant has obtained be conditioned upon the applicant
1409	1409	25 obtaining all required permits or approvals from the Pipeline
1410	1410	26 and Hazardous Materials Safety Administration of the U.S.
1411	1411
1412	1412
1413	1413
1414	1414
1415	1415
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1421	1421	1 Department of Transportation, U.S. Army Corps of Engineers,
1422	1422	2 and Illinois Department of Agriculture, in addition to all
1423	1423	3 other permits and approvals necessary for the construction and
1424	1424	4 operation of the pipeline prior to the start of any
1425	1425	5 construction. The final order must specifically prohibit the
1426	1426	6 start of any construction until all such permits and approvals
1427	1427	7 have been obtained.
1428	1428	8 (h) Within 6 months after the Commission's entry of an
1429	1429	9 order approving either a specific route or a project route
1430	1430	10 width under this Section, the owner or operator of the carbon
1431	1431	11 dioxide pipeline that receives that order may file
1432	1432	12 supplemental applications for minor route deviations outside
1433	1433	13 the approved project route width, allowing for additions or
1434	1434	14 changes to the approved route to address environmental
1435	1435	15 concerns encountered during construction or to accommodate
1436	1436	16 landowner requests. The supplemental application shall
1437	1437	17 specifically detail the environmental concerns or landowner
1438	1438	18 requests prompting the route changes, including the names of
1439	1439	19 any landowners or entities involved. Notice of a supplemental
1440	1440	20 application shall be provided to any State agency or unit of
1441	1441	21 local government that appeared in the original proceeding and
1442	1442	22 to any landowner affected by the proposed route deviation at
1443	1443	23 the time that supplemental application is filed. The route
1444	1444	24 deviations shall be approved by the Commission no sooner than
1445	1445	25 90 days after all interested parties receive notice of the
1446	1446	26 supplemental application, unless a written objection is filed
1447	1447
1448	1448
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1457	1457	1 to the supplemental application within 45 days after such
1458	1458	2 notice is received. If a written objection is filed, then the
1459	1459	3 Commission shall issue an order either granting or denying the
1460	1460	4 route deviation within 90 days after the filing of the
1461	1461	5 objection. Hearings on any such supplemental application shall
1462	1462	6 be limited to the reasonableness of the specific variance
1463	1463	7 proposed, and the issues of the public interest and benefit of
1464	1464	8 the project or fitness of the applicant shall be considered
1465	1465	9 only to the extent that the route deviation has raised new
1466	1466	10 concerns with regard to those issues.
1467	1467	11 (i) A certificate of authority to construct and operate a
1468	1468	12 carbon dioxide pipeline issued by the Commission shall contain
1469	1469	13 and include all of the following: (1) a grant of authority to
1470	1470	14 construct and operate a carbon dioxide pipeline as requested
1471	1471	15 in the application, subject to the laws of this State. ; and
1472	1472	16 (2) a limited grant of authority to take and acquire
1473	1473	17 an easement in any property or interest in property for
1474	1474	18 the construction, maintenance, or operation of a carbon
1475	1475	19 dioxide pipeline in the manner provided for the exercise
1476	1476	20 of the power of eminent domain under the Eminent Domain
1477	1477	21 Act. The limited grant of authority shall be restricted
1478	1478	22 to, and exercised solely for, the purpose of siting,
1479	1479	23 rights-of-way, and easements appurtenant, including
1480	1480	24 construction and maintenance. The applicant shall not
1481	1481	25 exercise this power until it has used reasonable and good
1482	1482	26 faith efforts to acquire the property or easement thereto.
1483	1483
1484	1484
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1493	1493	1 The applicant may thereafter use this power when the
1494	1494	2 applicant determines that the easement is necessary to
1495	1495	3 avoid unreasonable delay or economic hardship to the
1496	1496	4 progress of activities carried out pursuant to the
1497	1497	5 certificate of authority.
1498	1498	6 (Source: P.A. 97-534, eff. 8-23-11.)
1499	1499	7 Section 915. The Environmental Protection Act is amended
1500	1500	8 by changing Sections 21, 39, and 40 and by adding Sections
1501	1501	9 3.121, 3.132, 3.133, 3.134, 3.136, 3.446, 3.447, 9.19, 9.20,
1502	1502	10 and 22.63 as follows:
1503	1503	11 (415 ILCS 5/3.121 new)
1504	1504	12 Sec. 3.121. Area of review. "Area of review" means the
1505	1505	13 region surrounding the geologic carbon dioxide sequestration
1506	1506	14 project where groundwater classified as Class 1, Class 2, or
1507	1507	15 Class 3 under Subtitle F of Title 35 of the Illinois
1508	1508	16 Administrative Code may be endangered by the injection of
1509	1509	17 carbon dioxide. The area of review is delineated using
1510	1510	18 computational modeling that accounts for the physical and
1511	1511	19 chemical properties of all phases of the injected carbon
1512	1512	20 dioxide stream and displaced fluids and is based on available
1513	1513	21 site characterization, monitoring, and operational data
1514	1514	22 specified in the Board's rules implementing subsection (g) of
1515	1515	23 Section 22.63.
1516	1516
1517	1517
1518	1518
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1526	1526	1 (415 ILCS 5/3.132 new)
1527	1527	2 Sec. 3.132. Carbon dioxide capture project. "Carbon
1528	1528	3 dioxide capture project" means a project that uses a process
1529	1529	4 to separate carbon dioxide from industrial or energy-related
1530	1530	5 sources, other than oil or gas production from a well, and
1531	1531	6 produces a concentrated fluid of carbon dioxide. "Carbon
1532	1532	7 dioxide capture project" includes carbon dioxide captured as
1533	1533	8 part of a research and development project, or funded by
1534	1534	9 research and development funding, unless the operator
1535	1535	10 demonstrates to the satisfaction of the Agency that it meets
1536	1536	11 the criteria for exclusion from this definition set out by the
1537	1537	12 Board in rules developed pursuant to subsection (g) of Section
1538	1538	13 9.20.
1539	1539	14 (415 ILCS 5/3.133 new)
1540	1540	15 Sec. 3.133. Carbon dioxide pipeline. "Carbon dioxide
1541	1541	16 pipeline" has the meaning ascribed to that term in Section 10
1542	1542	17 of the Carbon Dioxide Transportation and Sequestration Act.
1543	1543	18 (415 ILCS 5/3.134 new)
1544	1544	19 Sec. 3.134. Concentrated carbon dioxide fluid.
1545	1545	20 "Concentrated carbon dioxide fluid" means a fluid that
1546	1546	21 contains concentrated carbon dioxide that is proportionately
1547	1547	22 greater than the ambient atmospheric concentration of carbon
1548	1548	23 dioxide.
1549	1549
1550	1550
1551	1551
1552	1552
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1555	1555
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1558	1558	HB3119 - 44 - LRB103 29449 CPF 55841 b
1559	1559	1 (415 ILCS 5/3.136 new)
1560	1560	2 Sec. 3.136. Confining Zone. "Confining zone" means a
1561	1561	3 geologic formation, group of formations, or part of a
1562	1562	4 formation stratigraphically overlying the zone(s) of carbon
1563	1563	5 dioxide injection that acts as a barrier to fluid movement.
1564	1564	6 (415 ILCS 5/3.446 new)
1565	1565	7 Sec. 3.446. Sequestration. "Sequestration" has the meaning
1566	1566	8 ascribed to that term in Section 10 of the Carbon Dioxide
1567	1567	9 Transport and Storage Protections Act.
1568	1568	10 (415 ILCS 5/3.447 new)
1569	1569	11 Sec. 3.447. Sequestration facility. "Sequestration
1570	1570	12 facility" has the meaning ascribed to that term in Section 10
1571	1571	13 of the Carbon Dioxide Transport and Storage Protections Act.
1572	1572	14 (415 ILCS 5/9.19 new)
1573	1573	15 Sec. 9.19. Setbacks from carbon dioxide pipelines.
1574	1574	16 (a) Legislative Findings. The General Assembly finds that:
1575	1575	17 (1) Carbon dioxide is an asphyxiant. A leak of carbon
1576	1576	18 dioxide from a carbon dioxide pipeline poses a risk of
1577	1577	19 grave harm to the human health and the environment.
1578	1578	20 (2) Setbacks from occupied structures and high-density
1579	1579	21 areas are necessary to protect against potential harm from
1580	1580	22 leaks from carbon dioxide pipelines.
1581	1581	23 (b) No carbon dioxide pipeline, pump, or compressor
1582	1582
1583	1583
1584	1584
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1592	1592	1 station may be located:
1593	1593	2 (1) any closer than one mile of an occupied
1594	1594	3 residential property, except that if the occupied
1595	1595	4 residential property is part of a development that
1596	1596	5 includes 10 or more occupied residential properties, the
1597	1597	6 carbon dioxide pipeline may not be located within 1.5
1598	1598	7 miles of the home.
1599	1599	8 (2) any closer than one mile of a commercial property
1600	1600	9 containing businesses with fewer than ten employees.
1601	1601	10 (3) any closer than one mile of livestock facilities
1602	1602	11 containing 100 or more animals;
1603	1603	12 (4) any closer than 1.5 miles of a residential,
1604	1604	13 commercial, or industrial structure or facility that
1605	1605	14 typically contain ten or more persons;
1606	1606	15 (5) any closer than 2 miles of a structure containing
1607	1607	16 10 or more persons with limited mobility, including, but
1608	1608	17 not limited to, nursing homes and hospitals.
1609	1609	18 (6) any closer than 2 miles of structures with
1610	1610	19 permitted occupancies of 100 or more persons, including,
1611	1611	20 but not limited to, schools, places of worship, shopping,
1612	1612	21 and entertainment facilities.
1613	1613	22 (c) Setback distances from carbon dioxide pipelines are
1614	1614	23 measured from the center line of the carbon dioxide pipeline.
1615	1615	24 Setback distances from pumps and compressor stations are
1616	1616	25 measured from the property line of the pump or compressor
1617	1617	26 station.
1618	1618
1619	1619
1620	1620
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1628	1628	1 (d) Local governments may require setbacks greater than
1629	1629	2 the minimum setbacks established in this Section.
1630	1630	3 (e) No adjusted standard, variance, or other regulatory
1631	1631	4 relief otherwise available under this Act may be granted from
1632	1632	5 the minimum setback mandates of this Section unless, in
1633	1633	6 addition to satisfying the general requirements for an
1634	1634	7 adjusted standard under Section 28.1 or the standards for a
1635	1635	8 variance under Section 35, as applicable, a person seeking to
1636	1636	9 build or operate a carbon dioxide pipeline includes in the
1637	1637	10 petition for an adjusted standard or variance:
1638	1638	11 (1) computational fluid dynamic computer modeling
1639	1639	12 showing the dispersion of a plume of carbon dioxide
1640	1640	13 following a worst-case rupture of the proposed carbon
1641	1641	14 dioxide pipeline, considering such rupture in both typical
1642	1642	15 and still-air weather conditions in topography typical in
1643	1643	16 the county;
1644	1644	17 (2) data and analysis demonstrating that the carbon
1645	1645	18 dioxide pipeline is proposed to be constructed a
1646	1646	19 sufficient distance from occupied structures so that
1647	1647	20 carbon dioxide concentrations in or near occupied
1648	1648	21 structures will not intoxicate, asphyxiate, or otherwise
1649	1649	22 put harm the health of the humans or livestock therein;
1650	1650	23 and
1651	1651	24 (3) a discussion explaining the reasons that the
1652	1652	25 setbacks established in this Section are not practicable.
1653	1653
1654	1654
1655	1655
1656	1656
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1659	1659
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1663	1663	1 (415 ILCS 5/9.20 new)
1664	1664	2 Sec. 9.20. Carbon dioxide capture.
1665	1665	3 (a) The General Assembly finds that:
1666	1666	4 (1) The capture of carbon dioxide from industrial
1667	1667	5 facilities, including, but not limited to, ethanol plants
1668	1668	6 and methane processing facilities, and electric-generation
1669	1669	7 facilities requires a significant amount of power to
1670	1670	8 undertake, the generation of which can increase harmful
1671	1671	9 air and water pollutants.
1672	1672	10 (2) The capture of carbon dioxide generally requires
1673	1673	11 significant volumes of water which otherwise could be
1674	1674	12 utilized for domestic, agricultural, recreational, or
1675	1675	13 industrial uses.
1676	1676	14 (3) The capture of carbon dioxide from industrial and
1677	1677	15 electric-generation facilities has often failed to meet
1678	1678	16 objectives for capture and thus allowed more carbon
1679	1679	17 dioxide pollution into the atmosphere than proposed.
1680	1680	18 (4) The State has a long-standing policy to restore,
1681	1681	19 protect, and enhance the environment, including the purity
1682	1682	20 of the air, land, and waters, including groundwaters, of
1683	1683	21 this State.
1684	1684	22 (5) A clean environment is essential to the growth and
1685	1685	23 well-being of this State.
1686	1686	24 (6) The capture of carbon dioxide from industrial and
1687	1687	25 electric-generation facilities will not achieve the
1688	1688	26 State's longstanding policy to restore, protect, and
1689	1689
1690	1690
1691	1691
1692	1692
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1695	1695
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1698	1698	HB3119 - 48 - LRB103 29449 CPF 55841 b
1699	1699	1 enhance the environment unless clear standards are adopted
1700	1700	2 to require reduction of air and water pollution associated
1701	1701	3 with carbon capture, to limit water use when other
1702	1702	4 important uses are in jeopardy, and to ensure carbon
1703	1703	5 capture does not interfere with Illinois reaching its
1704	1704	6 clean energy goals; and
1705	1705	7 (7) meaningful participation of State residents,
1706	1706	8 especially vulnerable populations who may be affected by
1707	1707	9 regulatory actions, is critical to ensure that
1708	1708	10 environmental justice considerations are incorporated in
1709	1709	11 the development of, decision-making related to, and
1710	1710	12 implementation of environmental laws and rulemaking that
1711	1711	13 protects and improves the well-being of communities in
1712	1712	14 this State that bear disproportionate burdens imposed by
1713	1713	15 environmental pollution.
1714	1714	16 Therefore, the purpose of this Section is to promote a
1715	1715	17 healthful environment, including clean water, air, and land,
1716	1716	18 meaningful public involvement, and to ensure only responsible
1717	1717	19 capture of carbon dioxide occurs in the State, so as to protect
1718	1718	20 public health and to prevent pollution of the environment.
1719	1719	21 The provisions of this Section shall be liberally
1720	1720	22 construed to carry out the purposes of this Section.
1721	1721	23 (b) Permit required. Any person seeking to construct or
1722	1722	24 operate a carbon dioxide capture project in the State must
1723	1723	25 first obtain a permit from the Agency in accordance with the
1724	1724	26 rules developed pursuant to subsection (g).
1725	1725
1726	1726
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1731	1731
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1735	1735	1 (c) Environmental impact analysis. Any person seeking to
1736	1736	2 capture carbon dioxide from any industrial or
1737	1737	3 electric-generation facility in the State must, before seeking
1738	1738	4 a permit in accordance with the rules developed pursuant to
1739	1739	5 subsection (g), first conduct an environmental impact
1740	1740	6 analysis. That environmental impact analysis must:
1741	1741	7 (1) include a statement of purpose and need for the
1742	1742	8 proposed carbon capture project;
1743	1743	9 (2) include a GHG inventory analysis, including Scope
1744	1744	10 1, 2, and 3 emissions as set forth in United States
1745	1745	11 Environmental Protection Agency guidance, of the total
1746	1746	12 greenhouse gas emissions associated with the carbon
1747	1747	13 dioxide capture project, together with a demonstration
1748	1748	14 that the Scope 1, 2, and 3 greenhouse gas emissions
1749	1749	15 associated with the carbon dioxide capture project,
1750	1750	16 converted into carbon dioxide equivalent, consistent with
1751	1751	17 the United States Environmental Protection Agency rules
1752	1752	18 and guidance, will not exceed the total amount of
1753	1753	19 greenhouse gas emissions associated with the carbon
1754	1754	20 dioxide capture project on an annual basis for each year
1755	1755	21 the project remains in operation;
1756	1756	22 (3) include a water impacts analysis that details: (i)
1757	1757	23 the water sources likely to be impacted by the capture of
1758	1758	24 carbon dioxide from the facility; (ii) current uses of
1759	1759	25 those water sources; (iii) potential or certain impacts to
1760	1760	26 those water sources from capture of carbon dioxide from
1761	1761
1762	1762
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1771	1771	1 the facility, including impacts to water quantity,
1772	1772	2 quality, and current uses; (iv) duration of the impacts to
1773	1773	3 water associated with the capture of carbon dioxide from
1774	1774	4 the facility; and (v) methods the applicant will use to
1775	1775	5 minimize both water use and impacts to water quality
1776	1776	6 associated with the capture dioxide capture project;
1777	1777	7 (4) include an alternatives analysis that evaluates
1778	1778	8 other reasonable alternatives for reducing the same
1779	1779	9 quantity of carbon dioxide as is proposed to be captured
1780	1780	10 at the facility, including: (i) if the carbon dioxide is
1781	1781	11 proposed to be captured at a facility that generates
1782	1782	12 electricity, energy-generation alternatives such as
1783	1783	13 renewable energy, energy storage, or energy efficiency;
1784	1784	14 (ii) if the carbon dioxide is proposed to be captured at a
1785	1785	15 facility that produces fuel for vehicles or equipment,
1786	1786	16 alternatives such as the use of electric vehicles; and
1787	1787	17 (iii) if the carbon dioxide is proposed to be captured at
1788	1788	18 an industrial facility, alternative industrial processes
1789	1789	19 that could reduce the amount of carbon dioxide generated
1790	1790	20 from that industry. For each alternative identified, the
1791	1791	21 person seeking to capture carbon dioxide shall complete a
1792	1792	22 greenhouse gas emissions inventory and analysis of the
1793	1793	23 alternative consistent with subsection (c) of this Section
1794	1794	24 and a water impacts analysis, addressing the factors set
1795	1795	25 out in subsection (c) of this Section; and
1796	1796	26 (5) be developed with public input, including by
1797	1797
1798	1798
1799	1799
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1807	1807	1 making a draft version of the analysis available on a
1808	1808	2 public website for not less than 60 days and accepting
1809	1809	3 comments on the proposed analysis for the entirety of that
1810	1810	4 period, together with a public meeting at least 14 days
1811	1811	5 after the posting of the draft on the public website which
1812	1812	6 provides a meaningful opportunity for the public to ask
1813	1813	7 questions, have those questions answered, and provide
1814	1814	8 comment on the draft. The final environmental analysis
1815	1815	9 must include responses to public comments, identify all
1816	1816	10 changes to the analysis made in response to those
1817	1817	11 comments, and be made available to the public on a public
1818	1818	12 website.
1819	1819	13 (d) Conditions on water use. No permit for the capture of
1820	1820	14 carbon dioxide may be issued unless:
1821	1821	15 (1) the Illinois State Water Survey has reviewed the
1822	1822	16 water impacts analysis required under subsection (c) and,
1823	1823	17 taking into consideration that analysis, information
1824	1824	18 available to the Illinois State Water Survey concerning
1825	1825	19 water supply and uses, and public comment, concluded that
1826	1826	20 the proposed carbon capture project will not have
1827	1827	21 significant adverse effects on water supply or current or
1828	1828	22 future potential uses of the water source; and
1829	1829	23 (2) the permit sets out conditions, determined in
1830	1830	24 consultation with the Illinois State Water Survey and
1831	1831	25 taking into consideration public comments, under which the
1832	1832	26 project operator must reduce the volume or rate or water
1833	1833
1834	1834
1835	1835
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1843	1843	1 that may be utilized for the capture of carbon dioxide, as
1844	1844	2 well as conditions under which the use of water for carbon
1845	1845	3 capture must be halted altogether.
1846	1846	4 (e) Air pollution reduction requirements. No permit for
1847	1847	5 the capture of carbon dioxide may be issued unless:
1848	1848	6 (1) The permit applicant demonstrates that there will
1849	1849	7 be zero non-carbon dioxide air pollution emissions
1850	1850	8 associated with the carbon dioxide capture project. This
1851	1851	9 includes both emissions emitted directly by the operation
1852	1852	10 of the carbon dioxide capture equipment itself and any
1853	1853	11 increase in emissions at the facility from which carbon
1854	1854	12 dioxide is captured relative to the baseline, as defined
1855	1855	13 below, following installation of the carbon dioxide
1856	1856	14 capture process. The applicant may make this demonstration
1857	1857	15 by: (i) demonstrating that pollution control technology
1858	1858	16 will be installed and operated, or existing control
1859	1859	17 technology will be operated, so as to eliminate any
1860	1860	18 non-carbon dioxide air emissions associated with the use
1861	1861	19 of carbon capture; or (ii) demonstrating that the facility
1862	1862	20 will reduce operations sufficient to eliminate any
1863	1863	21 non-carbon dioxide air emissions associated with the use
1864	1864	22 of carbon capture.
1865	1865	23 (2) The Board shall establish requirements for
1866	1866	24 determining baseline emissions from each industrial or
1867	1867	25 electric-generation facility for purposes of determining
1868	1868	26 which non-carbon dioxide air emissions are associated with
1869	1869
1870	1870
1871	1871
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1879	1879	1 the use of carbon capture at those facilities. For
1880	1880	2 existing facilities, the baseline shall be calculated
1881	1881	3 using the 12-month average of emissions for the 3 12-month
1882	1882	4 periods prior to January 31, 2023. For new facilities, the
1883	1883	5 baseline shall be determined using the Best Available
1884	1884	6 Control Technology for the relevant air pollutants and
1885	1885	7 facility and assuming fuel consumption and hours of
1886	1886	8 operation of the facility consistent with that of
1887	1887	9 facilities of similar size.
1888	1888	10 No permit for a carbon dioxide capture project may be
1889	1889	11 issued unless the carbon dioxide capture permit applicant
1890	1890	12 demonstrates that the project will capture an annual average
1891	1891	13 of no less than 90% of total carbon dioxide emissions from the
1892	1892	14 facility.
1893	1893	15 No permit for a carbon dioxide capture project may be
1894	1894	16 issued unless the permit disallows all non carbon-dioxide air
1895	1895	17 emissions associated with the use of carbon capture and
1896	1896	18 specifies the mechanism or mechanisms by which the permittee
1897	1897	19 must meet that condition.
1898	1898	20 (f) No permit for a carbon dioxide capture project may be
1899	1899	21 issued unless the operator can identify the end use or
1900	1900	22 destination of all carbon dioxide streams from the proposed
1901	1901	23 project. If those destinations include sequestration within
1902	1902	24 the State, the operator must demonstrate that the
1903	1903	25 sequestration site is permitted in accordance with Section
1904	1904	26 22.63.
1905	1905
1906	1906
1907	1907
1908	1908
1909	1909
1910	1910	HB3119 - 53 - LRB103 29449 CPF 55841 b
1911	1911
1912	1912
1913	1913	HB3119- 54 -LRB103 29449 CPF 55841 b HB3119 - 54 - LRB103 29449 CPF 55841 b
1914	1914	HB3119 - 54 - LRB103 29449 CPF 55841 b
1915	1915	1 (g) The Board shall adopt rules establishing permit
1916	1916	2 requirements and other standards for carbon dioxide capture
1917	1917	3 projects. Not later than one year after the effective date of
1918	1918	4 this amendatory Act of the 103rd General Assembly, the Agency
1919	1919	5 shall propose, and not later than 2 years after receipt of the
1920	1920	6 Agency's proposal the Board shall adopt, rules under this
1921	1921	7 Section. The rules must, at a minimum:
1922	1922	8 (1) be no less protective than federal and existing
1923	1923	9 State requirements for air pollution and water pollution;
1924	1924	10 (2) specify the minimum contents of applications for a
1925	1925	11 permit for the capture of carbon dioxide, which shall
1926	1926	12 include: the environmental impacts analyses required by
1927	1927	13 subsection (c); identification of whether the proposed
1928	1928	14 carbon capture project would take place in an area of
1929	1929	15 environmental justice concern; and documentation and
1930	1930	16 analyses sufficient to demonstrate compliance with all
1931	1931	17 applicable rules for capture of carbon dioxide from
1932	1932	18 industrial and electric-generation facilities developed
1933	1933	19 pursuant to this Section;
1934	1934	20 (3) specify: the frequency at which permits for the
1935	1935	21 capture of carbon dioxide expire and must be renewed; the
1936	1936	22 circumstances under which a permittee must seek a permit
1937	1937	23 modification; and the circumstances under which the Agency
1938	1938	24 may temporarily or permanently revoke a permit for the
1939	1939	25 capture of carbon dioxide;
1940	1940	26 (4) specify standards for review, approval, and denial
1941	1941
1942	1942
1943	1943
1944	1944
1945	1945
1946	1946	HB3119 - 54 - LRB103 29449 CPF 55841 b
1947	1947
1948	1948
1949	1949	HB3119- 55 -LRB103 29449 CPF 55841 b HB3119 - 55 - LRB103 29449 CPF 55841 b
1950	1950	HB3119 - 55 - LRB103 29449 CPF 55841 b
1951	1951	1 by the Agency of applications for a permit to capture
1952	1952	2 carbon dioxide. The standards for denial must include, but
1953	1953	3 are not limited to, failure of the applicant to submit an
1954	1954	4 environmental impacts analysis meeting the requirements of
1955	1955	5 subsection (c) or to satisfy subsection (e);
1956	1956	6 (6) specify: meaningful public participation
1957	1957	7 procedures for the issuance of permits for the capture of
1958	1958	8 carbon dioxide, including, but not limited to, public
1959	1959	9 notice of the submission of permit applications; posting
1960	1960	10 on a public website of the full permit application, the
1961	1961	11 draft and final permitting actions by the Agency and the
1962	1962	12 Agency's response to comments; an opportunity for the
1963	1963	13 submission of public comments; an opportunity for a public
1964	1964	14 hearing prior to permit issuance; and a summary and
1965	1965	15 response of the comments prepared by the Agency. When the
1966	1966	16 capture of carbon dioxide is proposed to take place in an
1967	1967	17 area of environmental justice concern, the rules shall
1968	1968	18 specify further opportunities for public participation,
1969	1969	19 including but not limited to public meetings, translations
1970	1970	20 of relevant documents into other languages for residents
1971	1971	21 with limited English proficiency, and interpretation
1972	1972	22 services at public meetings and hearings;
1973	1973	23 (7) specify a procedure to identify areas of
1974	1974	24 environmental justice concern in relation to sequestration
1975	1975	25 facilities;
1976	1976	26 (8) set out requirements for frequent, comprehensive
1977	1977
1978	1978
1979	1979
1980	1980
1981	1981
1982	1982	HB3119 - 55 - LRB103 29449 CPF 55841 b
1983	1983
1984	1984
1985	1985	HB3119- 56 -LRB103 29449 CPF 55841 b HB3119 - 56 - LRB103 29449 CPF 55841 b
1986	1986	HB3119 - 56 - LRB103 29449 CPF 55841 b
1987	1987	1 reporting by permittees to the Agency, including, but not
1988	1988	2 limited to,: (i) the non-carbon dioxide air emissions
1989	1989	3 associated with the use of carbon capture, including, but
1990	1990	4 not limited to, those emissions resulting from the use of
1991	1991	5 fuel to power the carbon capture process; (ii) greenhouse
1992	1992	6 gas emissions associated with the use of carbon capture;
1993	1993	7 (iii) the total amount, in tons, of carbon dioxide
1994	1994	8 captured at the facility; (iv) the total amount, in tons,
1995	1995	9 of carbon dioxide not captured and released into the
1996	1996	10 atmosphere at the facility; (v) the date, time, duration,
1997	1997	11 cause, and amount of carbon dioxide released rather than
1998	1998	12 captured as a result of all outages or downtime of capture
1999	1999	13 equipment at the facility; (vi) information concerning
2000	2000	14 water use and impacts to water supply and uses associated
2001	2001	15 with the use of carbon capture at the facility; and (vii)
2002	2002	16 the end use and destination of all carbon dioxide streams
2003	2003	17 from the project;
2004	2004	18 (9) establish criteria for the exclusion from
2005	2005	19 permitting requirements of carbon capture projects
2006	2006	20 performed for the purpose of, or financed by funding for,
2007	2007	21 research and development. Such criteria shall ensure that
2008	2008	22 only those projects that capture small amounts of carbon
2009	2009	23 dioxide and pose minimal risk to human health and the
2010	2010	24 environmental qualify for the exclusion; and
2011	2011	25 (10) specify whether the permit requirements for
2012	2012	26 carbon dioxide capture set out in those rules may be added
2013	2013
2014	2014
2015	2015
2016	2016
2017	2017
2018	2018	HB3119 - 56 - LRB103 29449 CPF 55841 b
2019	2019
2020	2020
2021	2021	HB3119- 57 -LRB103 29449 CPF 55841 b HB3119 - 57 - LRB103 29449 CPF 55841 b
2022	2022	HB3119 - 57 - LRB103 29449 CPF 55841 b
2023	2023	1 to the requirements for a permit that a carbon dioxide
2024	2024	2 capture permit applicant is otherwise required to obtain,
2025	2025	3 or whether the applicant must obtain a separate permit for
2026	2026	4 the capture of carbon dioxide.
2027	2027	5 (h) The permit requirements set forth in this Section are
2028	2028	6 in addition to any requirements set forth under other State or
2029	2029	7 federal law, including, but not limited to, the Clean Air Act,
2030	2030	8 the Clean Water Act, the Resource Conservation and Recovery
2031	2031	9 Act, and the Safe Water Drinking Act.
2032	2032	10 (i) No adjusted standard, variance, or other regulatory
2033	2033	11 relief otherwise available under this Act may be granted from
2034	2034	12 the requirements of this Section.
2035	2035	13 (415 ILCS 5/21) (from Ch. 111 1/2, par. 1021)
2036	2036	14 Sec. 21. Prohibited acts. No person shall:
2037	2037	15 (a) Cause or allow the open dumping of any waste.
2038	2038	16 (b) Abandon, dump, or deposit any waste upon the public
2039	2039	17 highways or other public property, except in a sanitary
2040	2040	18 landfill approved by the Agency pursuant to regulations
2041	2041	19 adopted by the Board.
2042	2042	20 (c) Abandon any vehicle in violation of the "Abandoned
2043	2043	21 Vehicles Amendment to the Illinois Vehicle Code", as enacted
2044	2044	22 by the 76th General Assembly.
2045	2045	23 (d) Conduct any waste-storage, waste-treatment, or
2046	2046	24 waste-disposal operation:
2047	2047	25 (1) without a permit granted by the Agency or in
2048	2048
2049	2049
2050	2050
2051	2051
2052	2052
2053	2053	HB3119 - 57 - LRB103 29449 CPF 55841 b
2054	2054
2055	2055
2056	2056	HB3119- 58 -LRB103 29449 CPF 55841 b HB3119 - 58 - LRB103 29449 CPF 55841 b
2057	2057	HB3119 - 58 - LRB103 29449 CPF 55841 b
2058	2058	1 violation of any conditions imposed by such permit,
2059	2059	2 including periodic reports and full access to adequate
2060	2060	3 records and the inspection of facilities, as may be
2061	2061	4 necessary to assure compliance with this Act and with
2062	2062	5 regulations and standards adopted thereunder; provided,
2063	2063	6 however, that, except for municipal solid waste landfill
2064	2064	7 units that receive waste on or after October 9, 1993, and
2065	2065	8 CCR surface impoundments, no permit shall be required for
2066	2066	9 (i) any person conducting a waste-storage,
2067	2067	10 waste-treatment, or waste-disposal operation for wastes
2068	2068	11 generated by such person's own activities which are
2069	2069	12 stored, treated, or disposed within the site where such
2070	2070	13 wastes are generated, (ii) until one year after the
2071	2071	14 effective date of rules adopted by the Board under
2072	2072	15 subsection (n) of Section 22.38, a facility located in a
2073	2073	16 county with a population over 700,000 as of January 1,
2074	2074	17 2000, operated and located in accordance with Section
2075	2075	18 22.38 of this Act, and used exclusively for the transfer,
2076	2076	19 storage, or treatment of general construction or
2077	2077	20 demolition debris, provided that the facility was
2078	2078	21 receiving construction or demolition debris on August 24,
2079	2079	22 2009 (the effective date of Public Act 96-611), or (iii)
2080	2080	23 any person conducting a waste transfer, storage,
2081	2081	24 treatment, or disposal operation, including, but not
2082	2082	25 limited to, a waste transfer or waste composting
2083	2083	26 operation, under a mass animal mortality event plan
2084	2084
2085	2085
2086	2086
2087	2087
2088	2088
2089	2089	HB3119 - 58 - LRB103 29449 CPF 55841 b
2090	2090
2091	2091
2092	2092	HB3119- 59 -LRB103 29449 CPF 55841 b HB3119 - 59 - LRB103 29449 CPF 55841 b
2093	2093	HB3119 - 59 - LRB103 29449 CPF 55841 b
2094	2094	1 created by the Department of Agriculture;
2095	2095	2 (2) in violation of any regulations or standards
2096	2096	3 adopted by the Board under this Act;
2097	2097	4 (3) which receives waste after August 31, 1988, does
2098	2098	5 not have a permit issued by the Agency, and is (i) a
2099	2099	6 landfill used exclusively for the disposal of waste
2100	2100	7 generated at the site, (ii) a surface impoundment
2101	2101	8 receiving special waste not listed in an NPDES permit,
2102	2102	9 (iii) a waste pile in which the total volume of waste is
2103	2103	10 greater than 100 cubic yards or the waste is stored for
2104	2104	11 over one year, or (iv) a land treatment facility receiving
2105	2105	12 special waste generated at the site; without giving notice
2106	2106	13 of the operation to the Agency by January 1, 1989, or 30
2107	2107	14 days after the date on which the operation commences,
2108	2108	15 whichever is later, and every 3 years thereafter. The form
2109	2109	16 for such notification shall be specified by the Agency,
2110	2110	17 and shall be limited to information regarding: the name
2111	2111	18 and address of the location of the operation; the type of
2112	2112	19 operation; the types and amounts of waste stored, treated
2113	2113	20 or disposed of on an annual basis; the remaining capacity
2114	2114	21 of the operation; and the remaining expected life of the
2115	2115	22 operation.
2116	2116	23 Item (3) of this subsection (d) shall not apply to any
2117	2117	24 person engaged in agricultural activity who is disposing of a
2118	2118	25 substance that constitutes solid waste, if the substance was
2119	2119	26 acquired for use by that person on his own property, and the
2120	2120
2121	2121
2122	2122
2123	2123
2124	2124
2125	2125	HB3119 - 59 - LRB103 29449 CPF 55841 b
2126	2126
2127	2127
2128	2128	HB3119- 60 -LRB103 29449 CPF 55841 b HB3119 - 60 - LRB103 29449 CPF 55841 b
2129	2129	HB3119 - 60 - LRB103 29449 CPF 55841 b
2130	2130	1 substance is disposed of on his own property in accordance
2131	2131	2 with regulations or standards adopted by the Board.
2132	2132	3 This subsection (d) shall not apply to hazardous waste.
2133	2133	4 (e) Dispose, treat, store or abandon any waste, or
2134	2134	5 transport any waste into this State for disposal, treatment,
2135	2135	6 storage or abandonment, except at a site or facility which
2136	2136	7 meets the requirements of this Act and of regulations and
2137	2137	8 standards thereunder.
2138	2138	9 (f) Conduct any hazardous waste-storage, hazardous
2139	2139	10 waste-treatment or hazardous waste-disposal operation:
2140	2140	11 (1) without a RCRA permit for the site issued by the
2141	2141	12 Agency under subsection (d) of Section 39 of this Act, or
2142	2142	13 in violation of any condition imposed by such permit,
2143	2143	14 including periodic reports and full access to adequate
2144	2144	15 records and the inspection of facilities, as may be
2145	2145	16 necessary to assure compliance with this Act and with
2146	2146	17 regulations and standards adopted thereunder; or
2147	2147	18 (2) in violation of any regulations or standards
2148	2148	19 adopted by the Board under this Act; or
2149	2149	20 (3) in violation of any RCRA permit filing requirement
2150	2150	21 established under standards adopted by the Board under
2151	2151	22 this Act; or
2152	2152	23 (4) in violation of any order adopted by the Board
2153	2153	24 under this Act.
2154	2154	25 Notwithstanding the above, no RCRA permit shall be
2155	2155	26 required under this subsection or subsection (d) of Section 39
2156	2156
2157	2157
2158	2158
2159	2159
2160	2160
2161	2161	HB3119 - 60 - LRB103 29449 CPF 55841 b
2162	2162
2163	2163
2164	2164	HB3119- 61 -LRB103 29449 CPF 55841 b HB3119 - 61 - LRB103 29449 CPF 55841 b
2165	2165	HB3119 - 61 - LRB103 29449 CPF 55841 b
2166	2166	1 of this Act for any person engaged in agricultural activity
2167	2167	2 who is disposing of a substance which has been identified as a
2168	2168	3 hazardous waste, and which has been designated by Board
2169	2169	4 regulations as being subject to this exception, if the
2170	2170	5 substance was acquired for use by that person on his own
2171	2171	6 property and the substance is disposed of on his own property
2172	2172	7 in accordance with regulations or standards adopted by the
2173	2173	8 Board.
2174	2174	9 (g) Conduct any hazardous waste-transportation operation:
2175	2175	10 (1) without registering with and obtaining a special
2176	2176	11 waste hauling permit from the Agency in accordance with
2177	2177	12 the regulations adopted by the Board under this Act; or
2178	2178	13 (2) in violation of any regulations or standards
2179	2179	14 adopted by the Board under this Act.
2180	2180	15 (h) Conduct any hazardous waste-recycling or hazardous
2181	2181	16 waste-reclamation or hazardous waste-reuse operation in
2182	2182	17 violation of any regulations, standards or permit requirements
2183	2183	18 adopted by the Board under this Act.
2184	2184	19 (i) Conduct any process or engage in any act which
2185	2185	20 produces hazardous waste in violation of any regulations or
2186	2186	21 standards adopted by the Board under subsections (a) and (c)
2187	2187	22 of Section 22.4 of this Act.
2188	2188	23 (j) Conduct any special waste-transportation operation in
2189	2189	24 violation of any regulations, standards or permit requirements
2190	2190	25 adopted by the Board under this Act. However, sludge from a
2191	2191	26 water or sewage treatment plant owned and operated by a unit of
2192	2192
2193	2193
2194	2194
2195	2195
2196	2196
2197	2197	HB3119 - 61 - LRB103 29449 CPF 55841 b
2198	2198
2199	2199
2200	2200	HB3119- 62 -LRB103 29449 CPF 55841 b HB3119 - 62 - LRB103 29449 CPF 55841 b
2201	2201	HB3119 - 62 - LRB103 29449 CPF 55841 b
2202	2202	1 local government which (1) is subject to a sludge management
2203	2203	2 plan approved by the Agency or a permit granted by the Agency,
2204	2204	3 and (2) has been tested and determined not to be a hazardous
2205	2205	4 waste as required by applicable State and federal laws and
2206	2206	5 regulations, may be transported in this State without a
2207	2207	6 special waste hauling permit, and the preparation and carrying
2208	2208	7 of a manifest shall not be required for such sludge under the
2209	2209	8 rules of the Pollution Control Board. The unit of local
2210	2210	9 government which operates the treatment plant producing such
2211	2211	10 sludge shall file an annual report with the Agency identifying
2212	2212	11 the volume of such sludge transported during the reporting
2213	2213	12 period, the hauler of the sludge, and the disposal sites to
2214	2214	13 which it was transported. This subsection (j) shall not apply
2215	2215	14 to hazardous waste.
2216	2216	15 (k) Fail or refuse to pay any fee imposed under this Act.
2217	2217	16 (l) Locate a hazardous waste disposal site above an active
2218	2218	17 or inactive shaft or tunneled mine or within 2 miles of an
2219	2219	18 active fault in the earth's crust. In counties of population
2220	2220	19 less than 225,000 no hazardous waste disposal site shall be
2221	2221	20 located (1) within 1 1/2 miles of the corporate limits as
2222	2222	21 defined on June 30, 1978, of any municipality without the
2223	2223	22 approval of the governing body of the municipality in an
2224	2224	23 official action; or (2) within 1000 feet of an existing
2225	2225	24 private well or the existing source of a public water supply
2226	2226	25 measured from the boundary of the actual active permitted site
2227	2227	26 and excluding existing private wells on the property of the
2228	2228
2229	2229
2230	2230
2231	2231
2232	2232
2233	2233	HB3119 - 62 - LRB103 29449 CPF 55841 b
2234	2234
2235	2235
2236	2236	HB3119- 63 -LRB103 29449 CPF 55841 b HB3119 - 63 - LRB103 29449 CPF 55841 b
2237	2237	HB3119 - 63 - LRB103 29449 CPF 55841 b
2238	2238	1 permit applicant. The provisions of this subsection do not
2239	2239	2 apply to publicly owned sewage works or the disposal or
2240	2240	3 utilization of sludge from publicly owned sewage works.
2241	2241	4 (m) Transfer interest in any land which has been used as a
2242	2242	5 hazardous waste disposal site without written notification to
2243	2243	6 the Agency of the transfer and to the transferee of the
2244	2244	7 conditions imposed by the Agency upon its use under subsection
2245	2245	8 (g) of Section 39.
2246	2246	9 (n) Use any land which has been used as a hazardous waste
2247	2247	10 disposal site except in compliance with conditions imposed by
2248	2248	11 the Agency under subsection (g) of Section 39.
2249	2249	12 (o) Conduct a sanitary landfill operation which is
2250	2250	13 required to have a permit under subsection (d) of this
2251	2251	14 Section, in a manner which results in any of the following
2252	2252	15 conditions:
2253	2253	16 (1) refuse in standing or flowing waters;
2254	2254	17 (2) leachate flows entering waters of the State;
2255	2255	18 (3) leachate flows exiting the landfill confines (as
2256	2256	19 determined by the boundaries established for the landfill
2257	2257	20 by a permit issued by the Agency);
2258	2258	21 (4) open burning of refuse in violation of Section 9
2259	2259	22 of this Act;
2260	2260	23 (5) uncovered refuse remaining from any previous
2261	2261	24 operating day or at the conclusion of any operating day,
2262	2262	25 unless authorized by permit;
2263	2263	26 (6) failure to provide final cover within time limits
2264	2264
2265	2265
2266	2266
2267	2267
2268	2268
2269	2269	HB3119 - 63 - LRB103 29449 CPF 55841 b
2270	2270
2271	2271
2272	2272	HB3119- 64 -LRB103 29449 CPF 55841 b HB3119 - 64 - LRB103 29449 CPF 55841 b
2273	2273	HB3119 - 64 - LRB103 29449 CPF 55841 b
2274	2274	1 established by Board regulations;
2275	2275	2 (7) acceptance of wastes without necessary permits;
2276	2276	3 (8) scavenging as defined by Board regulations;
2277	2277	4 (9) deposition of refuse in any unpermitted portion of
2278	2278	5 the landfill;
2279	2279	6 (10) acceptance of a special waste without a required
2280	2280	7 manifest;
2281	2281	8 (11) failure to submit reports required by permits or
2282	2282	9 Board regulations;
2283	2283	10 (12) failure to collect and contain litter from the
2284	2284	11 site by the end of each operating day;
2285	2285	12 (13) failure to submit any cost estimate for the site
2286	2286	13 or any performance bond or other security for the site as
2287	2287	14 required by this Act or Board rules.
2288	2288	15 The prohibitions specified in this subsection (o) shall be
2289	2289	16 enforceable by the Agency either by administrative citation
2290	2290	17 under Section 31.1 of this Act or as otherwise provided by this
2291	2291	18 Act. The specific prohibitions in this subsection do not limit
2292	2292	19 the power of the Board to establish regulations or standards
2293	2293	20 applicable to sanitary landfills.
2294	2294	21 (p) In violation of subdivision (a) of this Section, cause
2295	2295	22 or allow the open dumping of any waste in a manner which
2296	2296	23 results in any of the following occurrences at the dump site:
2297	2297	24 (1) litter;
2298	2298	25 (2) scavenging;
2299	2299	26 (3) open burning;
2300	2300
2301	2301
2302	2302
2303	2303
2304	2304
2305	2305	HB3119 - 64 - LRB103 29449 CPF 55841 b
2306	2306
2307	2307
2308	2308	HB3119- 65 -LRB103 29449 CPF 55841 b HB3119 - 65 - LRB103 29449 CPF 55841 b
2309	2309	HB3119 - 65 - LRB103 29449 CPF 55841 b
2310	2310	1 (4) deposition of waste in standing or flowing waters;
2311	2311	2 (5) proliferation of disease vectors;
2312	2312	3 (6) standing or flowing liquid discharge from the dump
2313	2313	4 site;
2314	2314	5 (7) deposition of:
2315	2315	6 (i) general construction or demolition debris as
2316	2316	7 defined in Section 3.160(a) of this Act; or
2317	2317	8 (ii) clean construction or demolition debris as
2318	2318	9 defined in Section 3.160(b) of this Act.
2319	2319	10 The prohibitions specified in this subsection (p) shall be
2320	2320	11 enforceable by the Agency either by administrative citation
2321	2321	12 under Section 31.1 of this Act or as otherwise provided by this
2322	2322	13 Act. The specific prohibitions in this subsection do not limit
2323	2323	14 the power of the Board to establish regulations or standards
2324	2324	15 applicable to open dumping.
2325	2325	16 (q) Conduct a landscape waste composting operation without
2326	2326	17 an Agency permit, provided, however, that no permit shall be
2327	2327	18 required for any person:
2328	2328	19 (1) conducting a landscape waste composting operation
2329	2329	20 for landscape wastes generated by such person's own
2330	2330	21 activities which are stored, treated, or disposed of
2331	2331	22 within the site where such wastes are generated; or
2332	2332	23 (1.5) conducting a landscape waste composting
2333	2333	24 operation that (i) has no more than 25 cubic yards of
2334	2334	25 landscape waste, composting additives, composting
2335	2335	26 material, or end-product compost on-site at any one time
2336	2336
2337	2337
2338	2338
2339	2339
2340	2340
2341	2341	HB3119 - 65 - LRB103 29449 CPF 55841 b
2342	2342
2343	2343
2344	2344	HB3119- 66 -LRB103 29449 CPF 55841 b HB3119 - 66 - LRB103 29449 CPF 55841 b
2345	2345	HB3119 - 66 - LRB103 29449 CPF 55841 b
2346	2346	1 and (ii) is not engaging in commercial activity; or
2347	2347	2 (2) applying landscape waste or composted landscape
2348	2348	3 waste at agronomic rates; or
2349	2349	4 (2.5) operating a landscape waste composting facility
2350	2350	5 at a site having 10 or more occupied non-farm residences
2351	2351	6 within 1/2 mile of its boundaries, if the facility meets
2352	2352	7 all of the following criteria:
2353	2353	8 (A) the composting facility is operated by the
2354	2354	9 farmer on property on which the composting material is
2355	2355	10 utilized, and the composting facility constitutes no
2356	2356	11 more than 2% of the site's total acreage;
2357	2357	12 (A-5) any composting additives that the composting
2358	2358	13 facility accepts and uses at the facility are
2359	2359	14 necessary to provide proper conditions for composting
2360	2360	15 and do not exceed 10% of the total composting material
2361	2361	16 at the facility at any one time;
2362	2362	17 (B) the property on which the composting facility
2363	2363	18 is located, and any associated property on which the
2364	2364	19 compost is used, is principally and diligently devoted
2365	2365	20 to the production of agricultural crops and is not
2366	2366	21 owned, leased, or otherwise controlled by any waste
2367	2367	22 hauler or generator of nonagricultural compost
2368	2368	23 materials, and the operator of the composting facility
2369	2369	24 is not an employee, partner, shareholder, or in any
2370	2370	25 way connected with or controlled by any such waste
2371	2371	26 hauler or generator;
2372	2372
2373	2373
2374	2374
2375	2375
2376	2376
2377	2377	HB3119 - 66 - LRB103 29449 CPF 55841 b
2378	2378
2379	2379
2380	2380	HB3119- 67 -LRB103 29449 CPF 55841 b HB3119 - 67 - LRB103 29449 CPF 55841 b
2381	2381	HB3119 - 67 - LRB103 29449 CPF 55841 b
2382	2382	1 (C) all compost generated by the composting
2383	2383	2 facility is applied at agronomic rates and used as
2384	2384	3 mulch, fertilizer, or soil conditioner on land
2385	2385	4 actually farmed by the person operating the composting
2386	2386	5 facility, and the finished compost is not stored at
2387	2387	6 the composting site for a period longer than 18 months
2388	2388	7 prior to its application as mulch, fertilizer, or soil
2389	2389	8 conditioner;
2390	2390	9 (D) no fee is charged for the acceptance of
2391	2391	10 materials to be composted at the facility; and
2392	2392	11 (E) the owner or operator, by January 1, 2014 (or
2393	2393	12 the January 1 following commencement of operation,
2394	2394	13 whichever is later) and January 1 of each year
2395	2395	14 thereafter, registers the site with the Agency, (ii)
2396	2396	15 reports to the Agency on the volume of composting
2397	2397	16 material received and used at the site; (iii)
2398	2398	17 certifies to the Agency that the site complies with
2399	2399	18 the requirements set forth in subparagraphs (A),
2400	2400	19 (A-5), (B), (C), and (D) of this paragraph (2.5); and
2401	2401	20 (iv) certifies to the Agency that all composting
2402	2402	21 material was placed more than 200 feet from the
2403	2403	22 nearest potable water supply well, was placed outside
2404	2404	23 the boundary of the 10-year floodplain or on a part of
2405	2405	24 the site that is floodproofed, was placed at least 1/4
2406	2406	25 mile from the nearest residence (other than a
2407	2407	26 residence located on the same property as the
2408	2408
2409	2409
2410	2410
2411	2411
2412	2412
2413	2413	HB3119 - 67 - LRB103 29449 CPF 55841 b
2414	2414
2415	2415
2416	2416	HB3119- 68 -LRB103 29449 CPF 55841 b HB3119 - 68 - LRB103 29449 CPF 55841 b
2417	2417	HB3119 - 68 - LRB103 29449 CPF 55841 b
2418	2418	1 facility) or a lesser distance from the nearest
2419	2419	2 residence (other than a residence located on the same
2420	2420	3 property as the facility) if the municipality in which
2421	2421	4 the facility is located has by ordinance approved a
2422	2422	5 lesser distance than 1/4 mile, and was placed more
2423	2423	6 than 5 feet above the water table; any ordinance
2424	2424	7 approving a residential setback of less than 1/4 mile
2425	2425	8 that is used to meet the requirements of this
2426	2426	9 subparagraph (E) of paragraph (2.5) of this subsection
2427	2427	10 must specifically reference this paragraph; or
2428	2428	11 (3) operating a landscape waste composting facility on
2429	2429	12 a farm, if the facility meets all of the following
2430	2430	13 criteria:
2431	2431	14 (A) the composting facility is operated by the
2432	2432	15 farmer on property on which the composting material is
2433	2433	16 utilized, and the composting facility constitutes no
2434	2434	17 more than 2% of the property's total acreage, except
2435	2435	18 that the Board may allow a higher percentage for
2436	2436	19 individual sites where the owner or operator has
2437	2437	20 demonstrated to the Board that the site's soil
2438	2438	21 characteristics or crop needs require a higher rate;
2439	2439	22 (A-1) the composting facility accepts from other
2440	2440	23 agricultural operations for composting with landscape
2441	2441	24 waste no materials other than uncontaminated and
2442	2442	25 source-separated (i) crop residue and other
2443	2443	26 agricultural plant residue generated from the
2444	2444
2445	2445
2446	2446
2447	2447
2448	2448
2449	2449	HB3119 - 68 - LRB103 29449 CPF 55841 b
2450	2450
2451	2451
2452	2452	HB3119- 69 -LRB103 29449 CPF 55841 b HB3119 - 69 - LRB103 29449 CPF 55841 b
2453	2453	HB3119 - 69 - LRB103 29449 CPF 55841 b
2454	2454	1 production and harvesting of crops and other customary
2455	2455	2 farm practices, including, but not limited to, stalks,
2456	2456	3 leaves, seed pods, husks, bagasse, and roots and (ii)
2457	2457	4 plant-derived animal bedding, such as straw or
2458	2458	5 sawdust, that is free of manure and was not made from
2459	2459	6 painted or treated wood;
2460	2460	7 (A-2) any composting additives that the composting
2461	2461	8 facility accepts and uses at the facility are
2462	2462	9 necessary to provide proper conditions for composting
2463	2463	10 and do not exceed 10% of the total composting material
2464	2464	11 at the facility at any one time;
2465	2465	12 (B) the property on which the composting facility
2466	2466	13 is located, and any associated property on which the
2467	2467	14 compost is used, is principally and diligently devoted
2468	2468	15 to the production of agricultural crops and is not
2469	2469	16 owned, leased or otherwise controlled by any waste
2470	2470	17 hauler or generator of nonagricultural compost
2471	2471	18 materials, and the operator of the composting facility
2472	2472	19 is not an employee, partner, shareholder, or in any
2473	2473	20 way connected with or controlled by any such waste
2474	2474	21 hauler or generator;
2475	2475	22 (C) all compost generated by the composting
2476	2476	23 facility is applied at agronomic rates and used as
2477	2477	24 mulch, fertilizer or soil conditioner on land actually
2478	2478	25 farmed by the person operating the composting
2479	2479	26 facility, and the finished compost is not stored at
2480	2480
2481	2481
2482	2482
2483	2483
2484	2484
2485	2485	HB3119 - 69 - LRB103 29449 CPF 55841 b
2486	2486
2487	2487
2488	2488	HB3119- 70 -LRB103 29449 CPF 55841 b HB3119 - 70 - LRB103 29449 CPF 55841 b
2489	2489	HB3119 - 70 - LRB103 29449 CPF 55841 b
2490	2490	1 the composting site for a period longer than 18 months
2491	2491	2 prior to its application as mulch, fertilizer, or soil
2492	2492	3 conditioner;
2493	2493	4 (D) the owner or operator, by January 1 of each
2494	2494	5 year, (i) registers the site with the Agency, (ii)
2495	2495	6 reports to the Agency on the volume of composting
2496	2496	7 material received and used at the site, (iii)
2497	2497	8 certifies to the Agency that the site complies with
2498	2498	9 the requirements set forth in subparagraphs (A),
2499	2499	10 (A-1), (A-2), (B), and (C) of this paragraph (q)(3),
2500	2500	11 and (iv) certifies to the Agency that all composting
2501	2501	12 material:
2502	2502	13 (I) was placed more than 200 feet from the
2503	2503	14 nearest potable water supply well;
2504	2504	15 (II) was placed outside the boundary of the
2505	2505	16 10-year floodplain or on a part of the site that is
2506	2506	17 floodproofed;
2507	2507	18 (III) was placed either (aa) at least 1/4 mile
2508	2508	19 from the nearest residence (other than a residence
2509	2509	20 located on the same property as the facility) and
2510	2510	21 there are not more than 10 occupied non-farm
2511	2511	22 residences within 1/2 mile of the boundaries of
2512	2512	23 the site on the date of application or (bb) a
2513	2513	24 lesser distance from the nearest residence (other
2514	2514	25 than a residence located on the same property as
2515	2515	26 the facility) provided that the municipality or
2516	2516
2517	2517
2518	2518
2519	2519
2520	2520
2521	2521	HB3119 - 70 - LRB103 29449 CPF 55841 b
2522	2522
2523	2523
2524	2524	HB3119- 71 -LRB103 29449 CPF 55841 b HB3119 - 71 - LRB103 29449 CPF 55841 b
2525	2525	HB3119 - 71 - LRB103 29449 CPF 55841 b
2526	2526	1 county in which the facility is located has by
2527	2527	2 ordinance approved a lesser distance than 1/4 mile
2528	2528	3 and there are not more than 10 occupied non-farm
2529	2529	4 residences within 1/2 mile of the boundaries of
2530	2530	5 the site on the date of application; and
2531	2531	6 (IV) was placed more than 5 feet above the
2532	2532	7 water table.
2533	2533	8 Any ordinance approving a residential setback of
2534	2534	9 less than 1/4 mile that is used to meet the
2535	2535	10 requirements of this subparagraph (D) must
2536	2536	11 specifically reference this subparagraph.
2537	2537	12 For the purposes of this subsection (q), "agronomic rates"
2538	2538	13 means the application of not more than 20 tons per acre per
2539	2539	14 year, except that the Board may allow a higher rate for
2540	2540	15 individual sites where the owner or operator has demonstrated
2541	2541	16 to the Board that the site's soil characteristics or crop
2542	2542	17 needs require a higher rate.
2543	2543	18 (r) Cause or allow the storage or disposal of coal
2544	2544	19 combustion waste unless:
2545	2545	20 (1) such waste is stored or disposed of at a site or
2546	2546	21 facility for which a permit has been obtained or is not
2547	2547	22 otherwise required under subsection (d) of this Section;
2548	2548	23 or
2549	2549	24 (2) such waste is stored or disposed of as a part of
2550	2550	25 the design and reclamation of a site or facility which is
2551	2551	26 an abandoned mine site in accordance with the Abandoned
2552	2552
2553	2553
2554	2554
2555	2555
2556	2556
2557	2557	HB3119 - 71 - LRB103 29449 CPF 55841 b
2558	2558
2559	2559
2560	2560	HB3119- 72 -LRB103 29449 CPF 55841 b HB3119 - 72 - LRB103 29449 CPF 55841 b
2561	2561	HB3119 - 72 - LRB103 29449 CPF 55841 b
2562	2562	1 Mined Lands and Water Reclamation Act; or
2563	2563	2 (3) such waste is stored or disposed of at a site or
2564	2564	3 facility which is operating under NPDES and Subtitle D
2565	2565	4 permits issued by the Agency pursuant to regulations
2566	2566	5 adopted by the Board for mine-related water pollution and
2567	2567	6 permits issued pursuant to the federal Surface Mining
2568	2568	7 Control and Reclamation Act of 1977 (P.L. 95-87) or the
2569	2569	8 rules and regulations thereunder or any law or rule or
2570	2570	9 regulation adopted by the State of Illinois pursuant
2571	2571	10 thereto, and the owner or operator of the facility agrees
2572	2572	11 to accept the waste; and either:
2573	2573	12 (i) such waste is stored or disposed of in
2574	2574	13 accordance with requirements applicable to refuse
2575	2575	14 disposal under regulations adopted by the Board for
2576	2576	15 mine-related water pollution and pursuant to NPDES and
2577	2577	16 Subtitle D permits issued by the Agency under such
2578	2578	17 regulations; or
2579	2579	18 (ii) the owner or operator of the facility
2580	2580	19 demonstrates all of the following to the Agency, and
2581	2581	20 the facility is operated in accordance with the
2582	2582	21 demonstration as approved by the Agency: (1) the
2583	2583	22 disposal area will be covered in a manner that will
2584	2584	23 support continuous vegetation, (2) the facility will
2585	2585	24 be adequately protected from wind and water erosion,
2586	2586	25 (3) the pH will be maintained so as to prevent
2587	2587	26 excessive leaching of metal ions, and (4) adequate
2588	2588
2589	2589
2590	2590
2591	2591
2592	2592
2593	2593	HB3119 - 72 - LRB103 29449 CPF 55841 b
2594	2594
2595	2595
2596	2596	HB3119- 73 -LRB103 29449 CPF 55841 b HB3119 - 73 - LRB103 29449 CPF 55841 b
2597	2597	HB3119 - 73 - LRB103 29449 CPF 55841 b
2598	2598	1 containment or other measures will be provided to
2599	2599	2 protect surface water and groundwater from
2600	2600	3 contamination at levels prohibited by this Act, the
2601	2601	4 Illinois Groundwater Protection Act, or regulations
2602	2602	5 adopted pursuant thereto.
2603	2603	6 Notwithstanding any other provision of this Title, the
2604	2604	7 disposal of coal combustion waste pursuant to item (2) or (3)
2605	2605	8 of this subdivision (r) shall be exempt from the other
2606	2606	9 provisions of this Title V, and notwithstanding the provisions
2607	2607	10 of Title X of this Act, the Agency is authorized to grant
2608	2608	11 experimental permits which include provision for the disposal
2609	2609	12 of wastes from the combustion of coal and other materials
2610	2610	13 pursuant to items (2) and (3) of this subdivision (r).
2611	2611	14 (s) After April 1, 1989, offer for transportation,
2612	2612	15 transport, deliver, receive or accept special waste for which
2613	2613	16 a manifest is required, unless the manifest indicates that the
2614	2614	17 fee required under Section 22.8 of this Act has been paid.
2615	2615	18 (t) Cause or allow a lateral expansion of a municipal
2616	2616	19 solid waste landfill unit on or after October 9, 1993, without
2617	2617	20 a permit modification, granted by the Agency, that authorizes
2618	2618	21 the lateral expansion.
2619	2619	22 (u) Conduct any vegetable by-product treatment, storage,
2620	2620	23 disposal or transportation operation in violation of any
2621	2621	24 regulation, standards or permit requirements adopted by the
2622	2622	25 Board under this Act. However, no permit shall be required
2623	2623	26 under this Title V for the land application of vegetable
2624	2624
2625	2625
2626	2626
2627	2627
2628	2628
2629	2629	HB3119 - 73 - LRB103 29449 CPF 55841 b
2630	2630
2631	2631
2632	2632	HB3119- 74 -LRB103 29449 CPF 55841 b HB3119 - 74 - LRB103 29449 CPF 55841 b
2633	2633	HB3119 - 74 - LRB103 29449 CPF 55841 b
2634	2634	1 by-products conducted pursuant to Agency permit issued under
2635	2635	2 Title III of this Act to the generator of the vegetable
2636	2636	3 by-products. In addition, vegetable by-products may be
2637	2637	4 transported in this State without a special waste hauling
2638	2638	5 permit, and without the preparation and carrying of a
2639	2639	6 manifest.
2640	2640	7 (v) (Blank).
2641	2641	8 (w) Conduct any generation, transportation, or recycling
2642	2642	9 of construction or demolition debris, clean or general, or
2643	2643	10 uncontaminated soil generated during construction, remodeling,
2644	2644	11 repair, and demolition of utilities, structures, and roads
2645	2645	12 that is not commingled with any waste, without the maintenance
2646	2646	13 of documentation identifying the hauler, generator, place of
2647	2647	14 origin of the debris or soil, the weight or volume of the
2648	2648	15 debris or soil, and the location, owner, and operator of the
2649	2649	16 facility where the debris or soil was transferred, disposed,
2650	2650	17 recycled, or treated. This documentation must be maintained by
2651	2651	18 the generator, transporter, or recycler for 3 years. This
2652	2652	19 subsection (w) shall not apply to (1) a permitted pollution
2653	2653	20 control facility that transfers or accepts construction or
2654	2654	21 demolition debris, clean or general, or uncontaminated soil
2655	2655	22 for final disposal, recycling, or treatment, (2) a public
2656	2656	23 utility (as that term is defined in the Public Utilities Act)
2657	2657	24 or a municipal utility, (3) the Illinois Department of
2658	2658	25 Transportation, or (4) a municipality or a county highway
2659	2659	26 department, with the exception of any municipality or county
2660	2660
2661	2661
2662	2662
2663	2663
2664	2664
2665	2665	HB3119 - 74 - LRB103 29449 CPF 55841 b
2666	2666
2667	2667
2668	2668	HB3119- 75 -LRB103 29449 CPF 55841 b HB3119 - 75 - LRB103 29449 CPF 55841 b
2669	2669	HB3119 - 75 - LRB103 29449 CPF 55841 b
2670	2670	1 highway department located within a county having a population
2671	2671	2 of over 3,000,000 inhabitants or located in a county that is
2672	2672	3 contiguous to a county having a population of over 3,000,000
2673	2673	4 inhabitants; but it shall apply to an entity that contracts
2674	2674	5 with a public utility, a municipal utility, the Illinois
2675	2675	6 Department of Transportation, or a municipality or a county
2676	2676	7 highway department. The terms "generation" and "recycling", as
2677	2677	8 used in this subsection, do not apply to clean construction or
2678	2678	9 demolition debris when (i) used as fill material below grade
2679	2679	10 outside of a setback zone if covered by sufficient
2680	2680	11 uncontaminated soil to support vegetation within 30 days of
2681	2681	12 the completion of filling or if covered by a road or structure,
2682	2682	13 (ii) solely broken concrete without protruding metal bars is
2683	2683	14 used for erosion control, or (iii) milled asphalt or crushed
2684	2684	15 concrete is used as aggregate in construction of the shoulder
2685	2685	16 of a roadway. The terms "generation" and "recycling", as used
2686	2686	17 in this subsection, do not apply to uncontaminated soil that
2687	2687	18 is not commingled with any waste when (i) used as fill material
2688	2688	19 below grade or contoured to grade, or (ii) used at the site of
2689	2689	20 generation.
2690	2690	21 (x) Conduct any carbon sequestration operation:
2691	2691	22 (1) without a permit granted by the Agency in
2692	2692	23 accordance with Section 22.63 and implementing rules, or
2693	2693	24 in violation of any condition imposed by such permit,
2694	2694	25 including periodic reports and full access to adequate
2695	2695	26 records and the inspection of facilities, as may be
2696	2696
2697	2697
2698	2698
2699	2699
2700	2700
2701	2701	HB3119 - 75 - LRB103 29449 CPF 55841 b
2702	2702
2703	2703
2704	2704	HB3119- 76 -LRB103 29449 CPF 55841 b HB3119 - 76 - LRB103 29449 CPF 55841 b
2705	2705	HB3119 - 76 - LRB103 29449 CPF 55841 b
2706	2706	1 necessary to assure compliance with this Act and with
2707	2707	2 regulations and standards adopted thereunder;
2708	2708	3 (2) in violation this Act or any regulations or
2709	2709	4 standards adopted by the Board under this Act; or
2710	2710	5 (3) in violation of any order adopted by the Board
2711	2711	6 under this Act.
2712	2712	7 (y) Inject any concentrated carbon dioxide fluid produced
2713	2713	8 by a carbon dioxide capture project into a Class II well for
2714	2714	9 purposes of enhanced oil recovery, including the facilitation
2715	2715	10 of enhanced oil recovery from another well or sell or
2716	2716	11 transport concentrated carbon dioxide fluid produced by a
2717	2717	12 carbon dioxide capture project for use in enhanced oil
2718	2718	13 recovery.
2719	2719	14 (Source: P.A. 101-171, eff. 7-30-19; 102-216, eff. 1-1-22;
2720	2720	15 102-310, eff. 8-6-21; 102-558, eff. 8-20-21; 102-813, eff.
2721	2721	16 5-13-22.)
2722	2722	17 (415 ILCS 5/22.63 new)
2723	2723	18 Sec. 22.63. Carbon sequestration.
2724	2724	19 (a) The General Assembly finds that:
2725	2725	20 (1) the State has a long-standing policy to restore,
2726	2726	21 protect, and enhance the environment, including the purity
2727	2727	22 of the air, land, and waters, including groundwaters, of
2728	2728	23 this State;
2729	2729	24 (2) a clean environment is essential to the growth and
2730	2730	25 well-being of this State;
2731	2731
2732	2732
2733	2733
2734	2734
2735	2735
2736	2736	HB3119 - 76 - LRB103 29449 CPF 55841 b
2737	2737
2738	2738
2739	2739	HB3119- 77 -LRB103 29449 CPF 55841 b HB3119 - 77 - LRB103 29449 CPF 55841 b
2740	2740	HB3119 - 77 - LRB103 29449 CPF 55841 b
2741	2741	1 (3) the sequestration of carbon in underground
2742	2742	2 formations poses a significant and long-term risk to the
2743	2743	3 air, land, and waters, including groundwater, of the State
2744	2744	4 unless Illinois adopts clear standards to ensure that no
2745	2745	5 sequestered carbon escapes the underground formation into
2746	2746	6 which it is injected; and
2747	2747	7 (4) meaningful participation of State residents,
2748	2748	8 especially vulnerable populations who may be affected by
2749	2749	9 regulatory actions, is critical to ensure that
2750	2750	10 environmental justice considerations are incorporated in
2751	2751	11 the development of, decision-making related to, and
2752	2752	12 implementation of environmental laws and rulemaking that
2753	2753	13 protects and improves the well-being of communities in
2754	2754	14 this State that bear disproportionate burdens imposed by
2755	2755	15 environmental pollution.
2756	2756	16 Therefore, the purpose of this Section is to promote a
2757	2757	17 healthful environment, including clean water, air, and land,
2758	2758	18 meaningful public involvement, and to ensure only responsible
2759	2759	19 sequestration of carbon dioxide occurs in the State, so as to
2760	2760	20 protect public health and to prevent pollution of the
2761	2761	21 environment.
2762	2762	22 The provisions of this Section shall be liberally
2763	2763	23 construed to carry out the purposes of this Section.
2764	2764	24 (b) Permit required. Any person seeking to sequester
2765	2765	25 carbon dioxide in the State must first obtain a carbon
2766	2766	26 sequestration permit from the Agency in accordance with the
2767	2767
2768	2768
2769	2769
2770	2770
2771	2771
2772	2772	HB3119 - 77 - LRB103 29449 CPF 55841 b
2773	2773
2774	2774
2775	2775	HB3119- 78 -LRB103 29449 CPF 55841 b HB3119 - 78 - LRB103 29449 CPF 55841 b
2776	2776	HB3119 - 78 - LRB103 29449 CPF 55841 b
2777	2777	1 rules developed pursuant to subsection (h).
2778	2778	2 (c) Environmental impact analysis. Any person seeking to
2779	2779	3 sequester carbon dioxide in the State must, before seeking a
2780	2780	4 carbon sequestration permit in accordance with the rules
2781	2781	5 developed pursuant to subsection (h), first conduct an
2782	2782	6 environmental impact analysis. That environmental impact
2783	2783	7 analysis must:
2784	2784	8 (1) include a statement of purpose and need for the
2785	2785	9 proposed carbon sequestration project;
2786	2786	10 (2) include a greenhouse gas inventory analysis that
2787	2787	11 details and compiles the total Scope 1, 2, and 3
2788	2788	12 greenhouse gas emissions associated with the capture,
2789	2789	13 transportation, and sequestration of the carbon dioxide
2790	2790	14 proposed to be sequestered, together with a demonstration
2791	2791	15 that the Scope 1, 2, and 3 emissions associated with the
2792	2792	16 capture, transportation, and sequestration of the carbon
2793	2793	17 dioxide, converted into carbon dioxide equivalent,
2794	2794	18 consistent with United States Environmental Protection
2795	2795	19 Agency rules and guidance, will not exceed the total
2796	2796	20 amount of greenhouse gases sequestered on an annual basis
2797	2797	21 for each year the project remains in operation;
2798	2798	22 (3) include a water impacts analysis that details: (i)
2799	2799	23 the water sources likely to be impacted by the capture,
2800	2800	24 transportation, and sequestration of the carbon dioxide
2801	2801	25 proposed to be sequestered; (ii) current uses of those
2802	2802	26 water sources; (iii) potential or certain impacts to those
2803	2803
2804	2804
2805	2805
2806	2806
2807	2807
2808	2808	HB3119 - 78 - LRB103 29449 CPF 55841 b
2809	2809
2810	2810
2811	2811	HB3119- 79 -LRB103 29449 CPF 55841 b HB3119 - 79 - LRB103 29449 CPF 55841 b
2812	2812	HB3119 - 79 - LRB103 29449 CPF 55841 b
2813	2813	1 water sources from capture, transportation, and
2814	2814	2 sequestration of the carbon dioxide, including impacts to
2815	2815	3 water quantity, quality, and current uses; (iv) the
2816	2816	4 duration of the impacts to water associated with the
2817	2817	5 capture, transportation, and sequestration of the carbon
2818	2818	6 dioxide proposed to be sequestered; and (v) the methods
2819	2819	7 the applicant will use to minimize both water use and
2820	2820	8 impacts to water quality associated with the sequestration
2821	2821	9 of carbon dioxide;
2822	2822	10 (4) include an alternatives analysis that evaluates
2823	2823	11 other reasonable alternatives for achieving the same
2824	2824	12 volume of carbon dioxide emissions reductions as are
2825	2825	13 proposed to be achieved through carbon sequestration,
2826	2826	14 including: (i) if the carbon dioxide was captured at a
2827	2827	15 facility that generates electricity, energy-generation
2828	2828	16 alternatives such as renewable energy, energy storage, or
2829	2829	17 energy efficiency; (ii) if the carbon dioxide was captured
2830	2830	18 at a facility that produces fuel for vehicles or
2831	2831	19 equipment, alternatives such as the use of electric
2832	2832	20 vehicles; and (iii) if the carbon dioxide was captured at
2833	2833	21 an industrial facility, alternative industrial processes
2834	2834	22 that could reduce the amount of carbon dioxide generated.
2835	2835	23 For each alternative identified, the person seeking to
2836	2836	24 sequester carbon dioxide shall complete a GHG inventory
2837	2837	25 analysis of the alternative consistent with paragraph (2)
2838	2838	26 of subsection and a water impacts analysis, addressing the
2839	2839
2840	2840
2841	2841
2842	2842
2843	2843
2844	2844	HB3119 - 79 - LRB103 29449 CPF 55841 b
2845	2845
2846	2846
2847	2847	HB3119- 80 -LRB103 29449 CPF 55841 b HB3119 - 80 - LRB103 29449 CPF 55841 b
2848	2848	HB3119 - 80 - LRB103 29449 CPF 55841 b
2849	2849	1 factors set out in paragraph (3) of subsection; and
2850	2850	2 (5) be developed with public input, including by
2851	2851	3 making a draft version of the analysis available on a
2852	2852	4 public website for not less than 60 days and accepting
2853	2853	5 comments on the proposed analysis for the entirety of that
2854	2854	6 period, together with a public meeting at least 14 days
2855	2855	7 after the posting of the draft on the public website which
2856	2856	8 provides a meaningful opportunity for the public to ask
2857	2857	9 questions, have those questions answered, and provide
2858	2858	10 comment on the draft. The final environmental analysis
2859	2859	11 must include responses to public comments, identify all
2860	2860	12 changes to the analysis made in response to those
2861	2861	13 comments, and be made available to the public on a public
2862	2862	14 website.
2863	2863	15 (d) Area of review analysis. Any person seeking to
2864	2864	16 sequester carbon dioxide in the State must, before seeking a
2865	2865	17 carbon sequestration permit in accordance with the rules
2866	2866	18 developed pursuant to subsection (h), first conduct an area of
2867	2867	19 review analysis that: (i) identifies any faults, fractures,
2868	2868	20 cracks, abandoned or operating wells, mine shafts, quarries,
2869	2869	21 seismic activity, or other features of the proposed area of
2870	2870	22 review that could interfere with containment of carbon
2871	2871	23 dioxide; and (ii) if any such feature is present, demonstrates
2872	2872	24 that the feature will not interfere with carbon dioxide
2873	2873	25 containment.
2874	2874	26 (e) Conditions on water use. No permit for the
2875	2875
2876	2876
2877	2877
2878	2878
2879	2879
2880	2880	HB3119 - 80 - LRB103 29449 CPF 55841 b
2881	2881
2882	2882
2883	2883	HB3119- 81 -LRB103 29449 CPF 55841 b HB3119 - 81 - LRB103 29449 CPF 55841 b
2884	2884	HB3119 - 81 - LRB103 29449 CPF 55841 b
2885	2885	1 sequestration of carbon dioxide may be issued unless: (i) the
2886	2886	2 Illinois State Water Survey has reviewed the water impacts
2887	2887	3 analysis required under subsection (c) and, taking into
2888	2888	4 consideration that analysis, information available to the
2889	2889	5 Illinois State Water Survey concerning water supply and uses,
2890	2890	6 and public comment, concluded that the proposed carbon dioxide
2891	2891	7 sequestration project will not have significant adverse
2892	2892	8 effects on water supply or current or future uses of the water
2893	2893	9 source; and (ii) the permit sets out conditions, determined in
2894	2894	10 consultation with the Illinois State Water Supply and taking
2895	2895	11 into consideration public comments, under which the project
2896	2896	12 operator must reduce the volume or rate or water that may be
2897	2897	13 utilized for the sequestration of carbon dioxide, as well as
2898	2898	14 conditions under which the use of water for carbon
2899	2899	15 sequestration must be halted altogether.
2900	2900	16 (f) Financial Assurance. Any person who applies for, or is
2901	2901	17 granted, a permit for carbon sequestration under subsection
2902	2902	18 (b) shall post with the Agency a performance bond or other
2903	2903	19 security in accordance with this Act and the rules developed
2904	2904	20 pursuant to subsection (h). The only acceptable forms of
2905	2905	21 financial assurance are a trust fund, a surety bond
2906	2906	22 guaranteeing payment, a surety bond guaranteeing performance,
2907	2907	23 or an irrevocable letter of credit. The Agency is authorized
2908	2908	24 to enter into such contracts and agreements as it may deem
2909	2909	25 necessary to carry out the purposes of this Section. Neither
2910	2910	26 the State, nor the Director, nor any State employee shall be
2911	2911
2912	2912
2913	2913
2914	2914
2915	2915
2916	2916	HB3119 - 81 - LRB103 29449 CPF 55841 b
2917	2917
2918	2918
2919	2919	HB3119- 82 -LRB103 29449 CPF 55841 b HB3119 - 82 - LRB103 29449 CPF 55841 b
2920	2920	HB3119 - 82 - LRB103 29449 CPF 55841 b
2921	2921	1 liable for any damages or injuries arising out of or resulting
2922	2922	2 from any action taken under this Section. The Agency shall
2923	2923	3 have the authority to approve or disapprove any performance
2924	2924	4 bond or other security posted under this subsection. Any
2925	2925	5 person whose performance bond or other security is disapproved
2926	2926	6 by the Agency may contest the disapproval as a permit denial
2927	2927	7 appeal pursuant to Section 40.
2928	2928	8 (g) Registration and insurance. Every applicant for a
2929	2929	9 permit for carbon sequestration under subsection (b) shall
2930	2930	10 first register with the Agency at least 60 days before
2931	2931	11 applying for a permit. The Agency shall make available a
2932	2932	12 registration form within 90 days after the effective date of
2933	2933	13 this Act. The registration form shall require the following
2934	2934	14 information:
2935	2935	15 (1) the name and address of the registrant and any
2936	2936	16 parent, subsidiary, or affiliate thereof;
2937	2937	17 (2) disclosure of all findings of a serious violation
2938	2938	18 or an equivalent violation under federal or State laws or
2939	2939	19 regulations concerning the development or operation of a
2940	2940	20 carbon dioxide injection well, a carbon dioxide pipeline,
2941	2941	21 or an oil or gas exploration or production site, by the
2942	2942	22 applicant or any parent, subsidiary, or affiliate thereof
2943	2943	23 within the previous 5 years; and
2944	2944	24 (3) proof of insurance to cover injuries, damages, or
2945	2945	25 loss related to a release of carbon dioxide in the amount
2946	2946	26 of at least $250,000,000, from an insurance carrier
2947	2947
2948	2948
2949	2949
2950	2950
2951	2951
2952	2952	HB3119 - 82 - LRB103 29449 CPF 55841 b
2953	2953
2954	2954
2955	2955	HB3119- 83 -LRB103 29449 CPF 55841 b HB3119 - 83 - LRB103 29449 CPF 55841 b
2956	2956	HB3119 - 83 - LRB103 29449 CPF 55841 b
2957	2957	1 authorized, licensed, or permitted to do this insurance
2958	2958	2 business in this State that holds at least an A- rating by
2959	2959	3 A.M. Best and Company or any comparable rating service.
2960	2960	4 A registrant must notify the Department of any change in
2961	2961	5 the information identified in paragraphs (1), (2), or (3) no
2962	2962	6 later than one month following the change or sooner upon
2963	2963	7 request of the Agency. If granted a carbon sequestration
2964	2964	8 permit under this Section, the permittee must maintain
2965	2965	9 insurance in accordance with paragraph (1) throughout the
2966	2966	10 period during which carbon dioxide is injected into the
2967	2967	11 sequestration site and at least 100 years thereafter.
2968	2968	12 (h) The Board shall adopt rules establishing permit
2969	2969	13 requirements and other standards for carbon sequestration. The
2970	2970	14 Board's rules shall address, but are not limited to, the
2971	2971	15 following issues: applicability; required permit information;
2972	2972	16 minimum criteria for siting; area of review and corrective
2973	2973	17 action; financial responsibility; injection well construction
2974	2974	18 requirements; logging, sampling, and testing requirements
2975	2975	19 prior to injection well operation; injection well operating
2976	2976	20 requirements; mechanical integrity; testing and monitoring
2977	2977	21 requirements; reporting requirements; injection well plugging;
2978	2978	22 pose-injection site care and site closure; emergency and
2979	2979	23 remedial response; conditions for obtaining a variance from
2980	2980	24 injection depth requirements; and security protections for
2981	2981	25 injection wells, monitors, and other associated infrastructure
2982	2982	26 to prevent tampering with sequestration-related equipment. Not
2983	2983
2984	2984
2985	2985
2986	2986
2987	2987
2988	2988	HB3119 - 83 - LRB103 29449 CPF 55841 b
2989	2989
2990	2990
2991	2991	HB3119- 84 -LRB103 29449 CPF 55841 b HB3119 - 84 - LRB103 29449 CPF 55841 b
2992	2992	HB3119 - 84 - LRB103 29449 CPF 55841 b
2993	2993	1 later than one year after the effective date of this
2994	2994	2 amendatory Act of the 103rd General Assembly the Agency shall
2995	2995	3 propose, and not later than 2 years after receipt of the
2996	2996	4 Agency's proposal the Board shall adopt, rules under this
2997	2997	5 Section. The rules must, at a minimum:
2998	2998	6 (1) be at least as protective and comprehensive as the
2999	2999	7 federal regulations or amendments thereto promulgated by
3000	3000	8 the Administrator of the United States Environmental
3001	3001	9 Protection Agency in Subpart H of 40 CFR 146 governing
3002	3002	10 Class VI Wells;
3003	3003	11 (2) specify the minimum contents of carbon
3004	3004	12 sequestration permit applications, which shall include the
3005	3005	13 environmental impacts analyses required by subsection (c),
3006	3006	14 the area of review analysis required by subsection (d),
3007	3007	15 and documentation and analyses sufficient to demonstrate
3008	3008	16 compliance with all applicable rules for carbon
3009	3009	17 sequestration developed pursuant to this Section;
3010	3010	18 (3) specify the frequency at which carbon
3011	3011	19 sequestration permits expire and must be renewed, the
3012	3012	20 circumstances under which a permittee must seek a permit
3013	3013	21 modification, and the circumstances under which the Agency
3014	3014	22 may temporarily or permanently revoke a carbon
3015	3015	23 sequestration permit;
3016	3016	24 (4) specify standards for review, approval, and denial
3017	3017	25 by the Agency of carbon sequestration permit applications;
3018	3018	26 (5) specify meaningful public participation procedures
3019	3019
3020	3020
3021	3021
3022	3022
3023	3023
3024	3024	HB3119 - 84 - LRB103 29449 CPF 55841 b
3025	3025
3026	3026
3027	3027	HB3119- 85 -LRB103 29449 CPF 55841 b HB3119 - 85 - LRB103 29449 CPF 55841 b
3028	3028	HB3119 - 85 - LRB103 29449 CPF 55841 b
3029	3029	1 for the issuance of carbon sequestration permits,
3030	3030	2 including, but not limited to, public notice of the
3031	3031	3 submission of permit applications; posting on a public
3032	3032	4 website of the full permit application, the draft and
3033	3033	5 final permitting actions by the Agency, and the Agency's
3034	3034	6 response to comments; an opportunity for the submission of
3035	3035	7 public comments; an opportunity for a public hearing prior
3036	3036	8 to permit issuance; and a summary and response of the
3037	3037	9 comments prepared by the Agency. When the sequestration is
3038	3038	10 proposed to take place in an area of environmental justice
3039	3039	11 concern, the rules shall specify further opportunities for
3040	3040	12 public participation, including but not limited to public
3041	3041	13 meetings, translations of relevant documents into other
3042	3042	14 languages for residents with limited English proficiency,
3043	3043	15 and interpretation services at public meetings and
3044	3044	16 hearings;
3045	3045	17 (6) prescribe the type and amount of the performance
3046	3046	18 bonds or other securities required under subsection (f),
3047	3047	19 and the conditions under which the State is entitled to
3048	3048	20 collect moneys from such performance bonds or other
3049	3049	21 securities;
3050	3050	22 (7) specify a procedure to identify areas of
3051	3051	23 environmental justice concern in relation to sequestration
3052	3052	24 facilities;
3053	3053	25 (8) prohibit carbon dioxide sequestration unless the
3054	3054	26 permit applicant demonstrates that the confining zone in
3055	3055
3056	3056
3057	3057
3058	3058
3059	3059
3060	3060	HB3119 - 85 - LRB103 29449 CPF 55841 b
3061	3061
3062	3062
3063	3063	HB3119- 86 -LRB103 29449 CPF 55841 b HB3119 - 86 - LRB103 29449 CPF 55841 b
3064	3064	HB3119 - 86 - LRB103 29449 CPF 55841 b
3065	3065	1 which the applicant proposes to sequester carbon dioxide:
3066	3066	2 (i) is not located in an active seismic zone, fault area,
3067	3067	3 or any other location in which carbon sequestration could
3068	3068	4 pose an undue risk of harm to human health or the
3069	3069	5 environment; (ii) does not intersect with an aquifer
3070	3070	6 containing groundwater classified as Class 1, 2 or 3
3071	3071	7 groundwater under 35 Ill. Adm. Code 620; (ii) does not
3072	3072	8 intersect with any aquifer that is hydraulically connected
3073	3073	9 to aquifers containing groundwater classified as Class 1,
3074	3074	10 2, or 3 under 35 Ill. Adm. Code 620; and (iii) does not
3075	3075	11 contain any faults, fractures, abandoned or operating
3076	3076	12 wells, mine shafts, quarries, or other features that could
3077	3077	13 interfere with containment of carbon dioxide;
3078	3078	14 (9) require that monitoring of carbon sequestration
3079	3079	15 facilities be conducted by a third-party contractor;
3080	3080	16 (10) establish minimum qualifications for third-party
3081	3081	17 contractors to conduct monitoring;
3082	3082	18 (11) specify the types of monitors and frequency of
3083	3083	19 monitoring to be performed at carbon sequestration
3084	3084	20 facilities, which in addition to monitoring required by
3085	3085	21 Subpart H of 40 CFR 146 shall include surface air
3086	3086	22 monitoring, soil gas monitoring, seismicity monitoring,
3087	3087	23 and any other types of monitoring the Board determines are
3088	3088	24 appropriate to protect health and the environment;
3089	3089	25 (12) set the minimum duration of the post-injection
3090	3090	26 site care period at no fewer than 100 years; and
3091	3091
3092	3092
3093	3093
3094	3094
3095	3095
3096	3096	HB3119 - 86 - LRB103 29449 CPF 55841 b
3097	3097
3098	3098
3099	3099	HB3119- 87 -LRB103 29449 CPF 55841 b HB3119 - 87 - LRB103 29449 CPF 55841 b
3100	3100	HB3119 - 87 - LRB103 29449 CPF 55841 b
3101	3101	1 (13) establish reporting requirements for carbon
3102	3102	2 sequestration permittees, which in addition to the
3103	3103	3 reporting required by Subpart H of 40 CFR 146 shall
3104	3104	4 include, but are not limited to, the mass of carbon
3105	3105	5 dioxide transported to sequestration facilities, the
3106	3106	6 facilities from which that carbon dioxide was captured,
3107	3107	7 seismic events of significant magnitude, and malfunctions
3108	3108	8 or downtime of any monitors.
3109	3109	9 (i) No adjusted standard, variance, or other regulatory
3110	3110	10 relief otherwise available under this Act may be granted from
3111	3111	11 the requirements of this Section.
3112	3112	12 (415 ILCS 5/39) (from Ch. 111 1/2, par. 1039)
3113	3113	13 Sec. 39. Issuance of permits; procedures.
3114	3114	14 (a) When the Board has by regulation required a permit for
3115	3115	15 the construction, installation, or operation of any type of
3116	3116	16 facility, equipment, vehicle, vessel, or aircraft, the
3117	3117	17 applicant shall apply to the Agency for such permit and it
3118	3118	18 shall be the duty of the Agency to issue such a permit upon
3119	3119	19 proof by the applicant that the facility, equipment, vehicle,
3120	3120	20 vessel, or aircraft will not cause a violation of this Act or
3121	3121	21 of regulations hereunder. The Agency shall adopt such
3122	3122	22 procedures as are necessary to carry out its duties under this
3123	3123	23 Section. In making its determinations on permit applications
3124	3124	24 under this Section the Agency may consider prior adjudications
3125	3125	25 of noncompliance with this Act by the applicant that involved
3126	3126
3127	3127
3128	3128
3129	3129
3130	3130
3131	3131	HB3119 - 87 - LRB103 29449 CPF 55841 b
3132	3132
3133	3133
3134	3134	HB3119- 88 -LRB103 29449 CPF 55841 b HB3119 - 88 - LRB103 29449 CPF 55841 b
3135	3135	HB3119 - 88 - LRB103 29449 CPF 55841 b
3136	3136	1 a release of a contaminant into the environment. In granting
3137	3137	2 permits, the Agency may impose reasonable conditions
3138	3138	3 specifically related to the applicant's past compliance
3139	3139	4 history with this Act as necessary to correct, detect, or
3140	3140	5 prevent noncompliance. The Agency may impose such other
3141	3141	6 conditions as may be necessary to accomplish the purposes of
3142	3142	7 this Act, and as are not inconsistent with the regulations
3143	3143	8 promulgated by the Board hereunder. Except as otherwise
3144	3144	9 provided in this Act, a bond or other security shall not be
3145	3145	10 required as a condition for the issuance of a permit. If the
3146	3146	11 Agency denies any permit under this Section, the Agency shall
3147	3147	12 transmit to the applicant within the time limitations of this
3148	3148	13 Section specific, detailed statements as to the reasons the
3149	3149	14 permit application was denied. Such statements shall include,
3150	3150	15 but not be limited to, the following:
3151	3151	16 (i) the Sections of this Act which may be violated if
3152	3152	17 the permit were granted;
3153	3153	18 (ii) the provision of the regulations, promulgated
3154	3154	19 under this Act, which may be violated if the permit were
3155	3155	20 granted;
3156	3156	21 (iii) the specific type of information, if any, which
3157	3157	22 the Agency deems the applicant did not provide the Agency;
3158	3158	23 and
3159	3159	24 (iv) a statement of specific reasons why the Act and
3160	3160	25 the regulations might not be met if the permit were
3161	3161	26 granted.
3162	3162
3163	3163
3164	3164
3165	3165
3166	3166
3167	3167	HB3119 - 88 - LRB103 29449 CPF 55841 b
3168	3168
3169	3169
3170	3170	HB3119- 89 -LRB103 29449 CPF 55841 b HB3119 - 89 - LRB103 29449 CPF 55841 b
3171	3171	HB3119 - 89 - LRB103 29449 CPF 55841 b
3172	3172	1 If there is no final action by the Agency within 90 days
3173	3173	2 after the filing of the application for permit, the applicant
3174	3174	3 may deem the permit issued; except that this time period shall
3175	3175	4 be extended to 180 days when (1) notice and opportunity for
3176	3176	5 public hearing are required by State or federal law or
3177	3177	6 regulation, (2) the application which was filed is for any
3178	3178	7 permit to develop a landfill subject to issuance pursuant to
3179	3179	8 this subsection, or (3) the application that was filed is for a
3180	3180	9 MSWLF unit required to issue public notice under subsection
3181	3181	10 (p) of Section 39. The 90-day and 180-day time periods for the
3182	3182	11 Agency to take final action do not apply to NPDES permit
3183	3183	12 applications under subsection (b) of this Section, to RCRA
3184	3184	13 permit applications under subsection (d) of this Section, to
3185	3185	14 UIC permit applications under subsection (e) of this Section,
3186	3186	15 or to CCR surface impoundment applications under subsection
3187	3187	16 (y) of this Section.
3188	3188	17 The Agency shall publish notice of all final permit
3189	3189	18 determinations for development permits for MSWLF units and for
3190	3190	19 significant permit modifications for lateral expansions for
3191	3191	20 existing MSWLF units one time in a newspaper of general
3192	3192	21 circulation in the county in which the unit is or is proposed
3193	3193	22 to be located.
3194	3194	23 After January 1, 1994 and until July 1, 1998, operating
3195	3195	24 permits issued under this Section by the Agency for sources of
3196	3196	25 air pollution permitted to emit less than 25 tons per year of
3197	3197	26 any combination of regulated air pollutants, as defined in
3198	3198
3199	3199
3200	3200
3201	3201
3202	3202
3203	3203	HB3119 - 89 - LRB103 29449 CPF 55841 b
3204	3204
3205	3205
3206	3206	HB3119- 90 -LRB103 29449 CPF 55841 b HB3119 - 90 - LRB103 29449 CPF 55841 b
3207	3207	HB3119 - 90 - LRB103 29449 CPF 55841 b
3208	3208	1 Section 39.5 of this Act, shall be required to be renewed only
3209	3209	2 upon written request by the Agency consistent with applicable
3210	3210	3 provisions of this Act and regulations promulgated hereunder.
3211	3211	4 Such operating permits shall expire 180 days after the date of
3212	3212	5 such a request. The Board shall revise its regulations for the
3213	3213	6 existing State air pollution operating permit program
3214	3214	7 consistent with this provision by January 1, 1994.
3215	3215	8 After June 30, 1998, operating permits issued under this
3216	3216	9 Section by the Agency for sources of air pollution that are not
3217	3217	10 subject to Section 39.5 of this Act and are not required to
3218	3218	11 have a federally enforceable State operating permit shall be
3219	3219	12 required to be renewed only upon written request by the Agency
3220	3220	13 consistent with applicable provisions of this Act and its
3221	3221	14 rules. Such operating permits shall expire 180 days after the
3222	3222	15 date of such a request. Before July 1, 1998, the Board shall
3223	3223	16 revise its rules for the existing State air pollution
3224	3224	17 operating permit program consistent with this paragraph and
3225	3225	18 shall adopt rules that require a source to demonstrate that it
3226	3226	19 qualifies for a permit under this paragraph.
3227	3227	20 (b) The Agency may issue NPDES permits exclusively under
3228	3228	21 this subsection for the discharge of contaminants from point
3229	3229	22 sources into navigable waters, all as defined in the Federal
3230	3230	23 Water Pollution Control Act, as now or hereafter amended,
3231	3231	24 within the jurisdiction of the State, or into any well.
3232	3232	25 All NPDES permits shall contain those terms and
3233	3233	26 conditions, including, but not limited to, schedules of
3234	3234
3235	3235
3236	3236
3237	3237
3238	3238
3239	3239	HB3119 - 90 - LRB103 29449 CPF 55841 b
3240	3240
3241	3241
3242	3242	HB3119- 91 -LRB103 29449 CPF 55841 b HB3119 - 91 - LRB103 29449 CPF 55841 b
3243	3243	HB3119 - 91 - LRB103 29449 CPF 55841 b
3244	3244	1 compliance, which may be required to accomplish the purposes
3245	3245	2 and provisions of this Act.
3246	3246	3 The Agency may issue general NPDES permits for discharges
3247	3247	4 from categories of point sources which are subject to the same
3248	3248	5 permit limitations and conditions. Such general permits may be
3249	3249	6 issued without individual applications and shall conform to
3250	3250	7 regulations promulgated under Section 402 of the Federal Water
3251	3251	8 Pollution Control Act, as now or hereafter amended.
3252	3252	9 The Agency may include, among such conditions, effluent
3253	3253	10 limitations and other requirements established under this Act,
3254	3254	11 Board regulations, the Federal Water Pollution Control Act, as
3255	3255	12 now or hereafter amended, and regulations pursuant thereto,
3256	3256	13 and schedules for achieving compliance therewith at the
3257	3257	14 earliest reasonable date.
3258	3258	15 The Agency shall adopt filing requirements and procedures
3259	3259	16 which are necessary and appropriate for the issuance of NPDES
3260	3260	17 permits, and which are consistent with the Act or regulations
3261	3261	18 adopted by the Board, and with the Federal Water Pollution
3262	3262	19 Control Act, as now or hereafter amended, and regulations
3263	3263	20 pursuant thereto.
3264	3264	21 The Agency, subject to any conditions which may be
3265	3265	22 prescribed by Board regulations, may issue NPDES permits to
3266	3266	23 allow discharges beyond deadlines established by this Act or
3267	3267	24 by regulations of the Board without the requirement of a
3268	3268	25 variance, subject to the Federal Water Pollution Control Act,
3269	3269	26 as now or hereafter amended, and regulations pursuant thereto.
3270	3270
3271	3271
3272	3272
3273	3273
3274	3274
3275	3275	HB3119 - 91 - LRB103 29449 CPF 55841 b
3276	3276
3277	3277
3278	3278	HB3119- 92 -LRB103 29449 CPF 55841 b HB3119 - 92 - LRB103 29449 CPF 55841 b
3279	3279	HB3119 - 92 - LRB103 29449 CPF 55841 b
3280	3280	1 (c) Except for those facilities owned or operated by
3281	3281	2 sanitary districts organized under the Metropolitan Water
3282	3282	3 Reclamation District Act, no permit for the development or
3283	3283	4 construction of a new pollution control facility may be
3284	3284	5 granted by the Agency unless the applicant submits proof to
3285	3285	6 the Agency that the location of the facility has been approved
3286	3286	7 by the county board of the county if in an unincorporated area,
3287	3287	8 or the governing body of the municipality when in an
3288	3288	9 incorporated area, in which the facility is to be located in
3289	3289	10 accordance with Section 39.2 of this Act. For purposes of this
3290	3290	11 subsection (c), and for purposes of Section 39.2 of this Act,
3291	3291	12 the appropriate county board or governing body of the
3292	3292	13 municipality shall be the county board of the county or the
3293	3293	14 governing body of the municipality in which the facility is to
3294	3294	15 be located as of the date when the application for siting
3295	3295	16 approval is filed.
3296	3296	17 In the event that siting approval granted pursuant to
3297	3297	18 Section 39.2 has been transferred to a subsequent owner or
3298	3298	19 operator, that subsequent owner or operator may apply to the
3299	3299	20 Agency for, and the Agency may grant, a development or
3300	3300	21 construction permit for the facility for which local siting
3301	3301	22 approval was granted. Upon application to the Agency for a
3302	3302	23 development or construction permit by that subsequent owner or
3303	3303	24 operator, the permit applicant shall cause written notice of
3304	3304	25 the permit application to be served upon the appropriate
3305	3305	26 county board or governing body of the municipality that
3306	3306
3307	3307
3308	3308
3309	3309
3310	3310
3311	3311	HB3119 - 92 - LRB103 29449 CPF 55841 b
3312	3312
3313	3313
3314	3314	HB3119- 93 -LRB103 29449 CPF 55841 b HB3119 - 93 - LRB103 29449 CPF 55841 b
3315	3315	HB3119 - 93 - LRB103 29449 CPF 55841 b
3316	3316	1 granted siting approval for that facility and upon any party
3317	3317	2 to the siting proceeding pursuant to which siting approval was
3318	3318	3 granted. In that event, the Agency shall conduct an evaluation
3319	3319	4 of the subsequent owner or operator's prior experience in
3320	3320	5 waste management operations in the manner conducted under
3321	3321	6 subsection (i) of Section 39 of this Act.
3322	3322	7 Beginning August 20, 1993, if the pollution control
3323	3323	8 facility consists of a hazardous or solid waste disposal
3324	3324	9 facility for which the proposed site is located in an
3325	3325	10 unincorporated area of a county with a population of less than
3326	3326	11 100,000 and includes all or a portion of a parcel of land that
3327	3327	12 was, on April 1, 1993, adjacent to a municipality having a
3328	3328	13 population of less than 5,000, then the local siting review
3329	3329	14 required under this subsection (c) in conjunction with any
3330	3330	15 permit applied for after that date shall be performed by the
3331	3331	16 governing body of that adjacent municipality rather than the
3332	3332	17 county board of the county in which the proposed site is
3333	3333	18 located; and for the purposes of that local siting review, any
3334	3334	19 references in this Act to the county board shall be deemed to
3335	3335	20 mean the governing body of that adjacent municipality;
3336	3336	21 provided, however, that the provisions of this paragraph shall
3337	3337	22 not apply to any proposed site which was, on April 1, 1993,
3338	3338	23 owned in whole or in part by another municipality.
3339	3339	24 In the case of a pollution control facility for which a
3340	3340	25 development permit was issued before November 12, 1981, if an
3341	3341	26 operating permit has not been issued by the Agency prior to
3342	3342
3343	3343
3344	3344
3345	3345
3346	3346
3347	3347	HB3119 - 93 - LRB103 29449 CPF 55841 b
3348	3348
3349	3349
3350	3350	HB3119- 94 -LRB103 29449 CPF 55841 b HB3119 - 94 - LRB103 29449 CPF 55841 b
3351	3351	HB3119 - 94 - LRB103 29449 CPF 55841 b
3352	3352	1 August 31, 1989 for any portion of the facility, then the
3353	3353	2 Agency may not issue or renew any development permit nor issue
3354	3354	3 an original operating permit for any portion of such facility
3355	3355	4 unless the applicant has submitted proof to the Agency that
3356	3356	5 the location of the facility has been approved by the
3357	3357	6 appropriate county board or municipal governing body pursuant
3358	3358	7 to Section 39.2 of this Act.
3359	3359	8 After January 1, 1994, if a solid waste disposal facility,
3360	3360	9 any portion for which an operating permit has been issued by
3361	3361	10 the Agency, has not accepted waste disposal for 5 or more
3362	3362	11 consecutive calendar years, before that facility may accept
3363	3363	12 any new or additional waste for disposal, the owner and
3364	3364	13 operator must obtain a new operating permit under this Act for
3365	3365	14 that facility unless the owner and operator have applied to
3366	3366	15 the Agency for a permit authorizing the temporary suspension
3367	3367	16 of waste acceptance. The Agency may not issue a new operation
3368	3368	17 permit under this Act for the facility unless the applicant
3369	3369	18 has submitted proof to the Agency that the location of the
3370	3370	19 facility has been approved or re-approved by the appropriate
3371	3371	20 county board or municipal governing body under Section 39.2 of
3372	3372	21 this Act after the facility ceased accepting waste.
3373	3373	22 Except for those facilities owned or operated by sanitary
3374	3374	23 districts organized under the Metropolitan Water Reclamation
3375	3375	24 District Act, and except for new pollution control facilities
3376	3376	25 governed by Section 39.2, and except for fossil fuel mining
3377	3377	26 facilities, the granting of a permit under this Act shall not
3378	3378
3379	3379
3380	3380
3381	3381
3382	3382
3383	3383	HB3119 - 94 - LRB103 29449 CPF 55841 b
3384	3384
3385	3385
3386	3386	HB3119- 95 -LRB103 29449 CPF 55841 b HB3119 - 95 - LRB103 29449 CPF 55841 b
3387	3387	HB3119 - 95 - LRB103 29449 CPF 55841 b
3388	3388	1 relieve the applicant from meeting and securing all necessary
3389	3389	2 zoning approvals from the unit of government having zoning
3390	3390	3 jurisdiction over the proposed facility.
3391	3391	4 Before beginning construction on any new sewage treatment
3392	3392	5 plant or sludge drying site to be owned or operated by a
3393	3393	6 sanitary district organized under the Metropolitan Water
3394	3394	7 Reclamation District Act for which a new permit (rather than
3395	3395	8 the renewal or amendment of an existing permit) is required,
3396	3396	9 such sanitary district shall hold a public hearing within the
3397	3397	10 municipality within which the proposed facility is to be
3398	3398	11 located, or within the nearest community if the proposed
3399	3399	12 facility is to be located within an unincorporated area, at
3400	3400	13 which information concerning the proposed facility shall be
3401	3401	14 made available to the public, and members of the public shall
3402	3402	15 be given the opportunity to express their views concerning the
3403	3403	16 proposed facility.
3404	3404	17 The Agency may issue a permit for a municipal waste
3405	3405	18 transfer station without requiring approval pursuant to
3406	3406	19 Section 39.2 provided that the following demonstration is
3407	3407	20 made:
3408	3408	21 (1) the municipal waste transfer station was in
3409	3409	22 existence on or before January 1, 1979 and was in
3410	3410	23 continuous operation from January 1, 1979 to January 1,
3411	3411	24 1993;
3412	3412	25 (2) the operator submitted a permit application to the
3413	3413	26 Agency to develop and operate the municipal waste transfer
3414	3414
3415	3415
3416	3416
3417	3417
3418	3418
3419	3419	HB3119 - 95 - LRB103 29449 CPF 55841 b
3420	3420
3421	3421
3422	3422	HB3119- 96 -LRB103 29449 CPF 55841 b HB3119 - 96 - LRB103 29449 CPF 55841 b
3423	3423	HB3119 - 96 - LRB103 29449 CPF 55841 b
3424	3424	1 station during April of 1994;
3425	3425	2 (3) the operator can demonstrate that the county board
3426	3426	3 of the county, if the municipal waste transfer station is
3427	3427	4 in an unincorporated area, or the governing body of the
3428	3428	5 municipality, if the station is in an incorporated area,
3429	3429	6 does not object to resumption of the operation of the
3430	3430	7 station; and
3431	3431	8 (4) the site has local zoning approval.
3432	3432	9 (d) The Agency may issue RCRA permits exclusively under
3433	3433	10 this subsection to persons owning or operating a facility for
3434	3434	11 the treatment, storage, or disposal of hazardous waste as
3435	3435	12 defined under this Act. Subsection (y) of this Section, rather
3436	3436	13 than this subsection (d), shall apply to permits issued for
3437	3437	14 CCR surface impoundments.
3438	3438	15 All RCRA permits shall contain those terms and conditions,
3439	3439	16 including, but not limited to, schedules of compliance, which
3440	3440	17 may be required to accomplish the purposes and provisions of
3441	3441	18 this Act. The Agency may include among such conditions
3442	3442	19 standards and other requirements established under this Act,
3443	3443	20 Board regulations, the Resource Conservation and Recovery Act
3444	3444	21 of 1976 (P.L. 94-580), as amended, and regulations pursuant
3445	3445	22 thereto, and may include schedules for achieving compliance
3446	3446	23 therewith as soon as possible. The Agency shall require that a
3447	3447	24 performance bond or other security be provided as a condition
3448	3448	25 for the issuance of a RCRA permit.
3449	3449	26 In the case of a permit to operate a hazardous waste or PCB
3450	3450
3451	3451
3452	3452
3453	3453
3454	3454
3455	3455	HB3119 - 96 - LRB103 29449 CPF 55841 b
3456	3456
3457	3457
3458	3458	HB3119- 97 -LRB103 29449 CPF 55841 b HB3119 - 97 - LRB103 29449 CPF 55841 b
3459	3459	HB3119 - 97 - LRB103 29449 CPF 55841 b
3460	3460	1 incinerator as defined in subsection (k) of Section 44, the
3461	3461	2 Agency shall require, as a condition of the permit, that the
3462	3462	3 operator of the facility perform such analyses of the waste to
3463	3463	4 be incinerated as may be necessary and appropriate to ensure
3464	3464	5 the safe operation of the incinerator.
3465	3465	6 The Agency shall adopt filing requirements and procedures
3466	3466	7 which are necessary and appropriate for the issuance of RCRA
3467	3467	8 permits, and which are consistent with the Act or regulations
3468	3468	9 adopted by the Board, and with the Resource Conservation and
3469	3469	10 Recovery Act of 1976 (P.L. 94-580), as amended, and
3470	3470	11 regulations pursuant thereto.
3471	3471	12 The applicant shall make available to the public for
3472	3472	13 inspection all documents submitted by the applicant to the
3473	3473	14 Agency in furtherance of an application, with the exception of
3474	3474	15 trade secrets, at the office of the county board or governing
3475	3475	16 body of the municipality. Such documents may be copied upon
3476	3476	17 payment of the actual cost of reproduction during regular
3477	3477	18 business hours of the local office. The Agency shall issue a
3478	3478	19 written statement concurrent with its grant or denial of the
3479	3479	20 permit explaining the basis for its decision.
3480	3480	21 (e) The Agency may issue UIC permits exclusively under
3481	3481	22 this subsection to persons owning or operating a facility for
3482	3482	23 the underground injection of contaminants as defined under
3483	3483	24 this Act, except that the Agency shall issue any permits for
3484	3484	25 underground injection wells for the sequestration of carbon
3485	3485	26 dioxide under Section 22.63.
3486	3486
3487	3487
3488	3488
3489	3489
3490	3490
3491	3491	HB3119 - 97 - LRB103 29449 CPF 55841 b
3492	3492
3493	3493
3494	3494	HB3119- 98 -LRB103 29449 CPF 55841 b HB3119 - 98 - LRB103 29449 CPF 55841 b
3495	3495	HB3119 - 98 - LRB103 29449 CPF 55841 b
3496	3496	1 All UIC permits shall contain those terms and conditions,
3497	3497	2 including, but not limited to, schedules of compliance, which
3498	3498	3 may be required to accomplish the purposes and provisions of
3499	3499	4 this Act. The Agency may include among such conditions
3500	3500	5 standards and other requirements established under this Act,
3501	3501	6 Board regulations, the Safe Drinking Water Act (P.L. 93-523),
3502	3502	7 as amended, and regulations pursuant thereto, and may include
3503	3503	8 schedules for achieving compliance therewith. The Agency shall
3504	3504	9 require that a performance bond or other security be provided
3505	3505	10 as a condition for the issuance of a UIC permit.
3506	3506	11 The Agency shall adopt filing requirements and procedures
3507	3507	12 which are necessary and appropriate for the issuance of UIC
3508	3508	13 permits, and which are consistent with the Act or regulations
3509	3509	14 adopted by the Board, and with the Safe Drinking Water Act
3510	3510	15 (P.L. 93-523), as amended, and regulations pursuant thereto.
3511	3511	16 The applicant shall make available to the public for
3512	3512	17 inspection all documents submitted by the applicant to the
3513	3513	18 Agency in furtherance of an application, with the exception of
3514	3514	19 trade secrets, at the office of the county board or governing
3515	3515	20 body of the municipality. Such documents may be copied upon
3516	3516	21 payment of the actual cost of reproduction during regular
3517	3517	22 business hours of the local office. The Agency shall issue a
3518	3518	23 written statement concurrent with its grant or denial of the
3519	3519	24 permit explaining the basis for its decision.
3520	3520	25 (f) In making any determination pursuant to Section 9.1 of
3521	3521	26 this Act:
3522	3522
3523	3523
3524	3524
3525	3525
3526	3526
3527	3527	HB3119 - 98 - LRB103 29449 CPF 55841 b
3528	3528
3529	3529
3530	3530	HB3119- 99 -LRB103 29449 CPF 55841 b HB3119 - 99 - LRB103 29449 CPF 55841 b
3531	3531	HB3119 - 99 - LRB103 29449 CPF 55841 b
3532	3532	1 (1) The Agency shall have authority to make the
3533	3533	2 determination of any question required to be determined by
3534	3534	3 the Clean Air Act, as now or hereafter amended, this Act,
3535	3535	4 or the regulations of the Board, including the
3536	3536	5 determination of the Lowest Achievable Emission Rate,
3537	3537	6 Maximum Achievable Control Technology, or Best Available
3538	3538	7 Control Technology, consistent with the Board's
3539	3539	8 regulations, if any.
3540	3540	9 (2) The Agency shall adopt requirements as necessary
3541	3541	10 to implement public participation procedures, including,
3542	3542	11 but not limited to, public notice, comment, and an
3543	3543	12 opportunity for hearing, which must accompany the
3544	3544	13 processing of applications for PSD permits. The Agency
3545	3545	14 shall briefly describe and respond to all significant
3546	3546	15 comments on the draft permit raised during the public
3547	3547	16 comment period or during any hearing. The Agency may group
3548	3548	17 related comments together and provide one unified response
3549	3549	18 for each issue raised.
3550	3550	19 (3) Any complete permit application submitted to the
3551	3551	20 Agency under this subsection for a PSD permit shall be
3552	3552	21 granted or denied by the Agency not later than one year
3553	3553	22 after the filing of such completed application.
3554	3554	23 (4) The Agency shall, after conferring with the
3555	3555	24 applicant, give written notice to the applicant of its
3556	3556	25 proposed decision on the application, including the terms
3557	3557	26 and conditions of the permit to be issued and the facts,
3558	3558
3559	3559
3560	3560
3561	3561
3562	3562
3563	3563	HB3119 - 99 - LRB103 29449 CPF 55841 b
3564	3564
3565	3565
3566	3566	HB3119- 100 -LRB103 29449 CPF 55841 b HB3119 - 100 - LRB103 29449 CPF 55841 b
3567	3567	HB3119 - 100 - LRB103 29449 CPF 55841 b
3568	3568	1 conduct, or other basis upon which the Agency will rely to
3569	3569	2 support its proposed action.
3570	3570	3 (g) The Agency shall include as conditions upon all
3571	3571	4 permits issued for hazardous waste disposal sites such
3572	3572	5 restrictions upon the future use of such sites as are
3573	3573	6 reasonably necessary to protect public health and the
3574	3574	7 environment, including permanent prohibition of the use of
3575	3575	8 such sites for purposes which may create an unreasonable risk
3576	3576	9 of injury to human health or to the environment. After
3577	3577	10 administrative and judicial challenges to such restrictions
3578	3578	11 have been exhausted, the Agency shall file such restrictions
3579	3579	12 of record in the Office of the Recorder of the county in which
3580	3580	13 the hazardous waste disposal site is located.
3581	3581	14 (h) A hazardous waste stream may not be deposited in a
3582	3582	15 permitted hazardous waste site unless specific authorization
3583	3583	16 is obtained from the Agency by the generator and disposal site
3584	3584	17 owner and operator for the deposit of that specific hazardous
3585	3585	18 waste stream. The Agency may grant specific authorization for
3586	3586	19 disposal of hazardous waste streams only after the generator
3587	3587	20 has reasonably demonstrated that, considering technological
3588	3588	21 feasibility and economic reasonableness, the hazardous waste
3589	3589	22 cannot be reasonably recycled for reuse, nor incinerated or
3590	3590	23 chemically, physically, or biologically treated so as to
3591	3591	24 neutralize the hazardous waste and render it nonhazardous. In
3592	3592	25 granting authorization under this Section, the Agency may
3593	3593	26 impose such conditions as may be necessary to accomplish the
3594	3594
3595	3595
3596	3596
3597	3597
3598	3598
3599	3599	HB3119 - 100 - LRB103 29449 CPF 55841 b
3600	3600
3601	3601
3602	3602	HB3119- 101 -LRB103 29449 CPF 55841 b HB3119 - 101 - LRB103 29449 CPF 55841 b
3603	3603	HB3119 - 101 - LRB103 29449 CPF 55841 b
3604	3604	1 purposes of the Act and are consistent with this Act and
3605	3605	2 regulations promulgated by the Board hereunder. If the Agency
3606	3606	3 refuses to grant authorization under this Section, the
3607	3607	4 applicant may appeal as if the Agency refused to grant a
3608	3608	5 permit, pursuant to the provisions of subsection (a) of
3609	3609	6 Section 40 of this Act. For purposes of this subsection (h),
3610	3610	7 the term "generator" has the meaning given in Section 3.205 of
3611	3611	8 this Act, unless: (1) the hazardous waste is treated,
3612	3612	9 incinerated, or partially recycled for reuse prior to
3613	3613	10 disposal, in which case the last person who treats,
3614	3614	11 incinerates, or partially recycles the hazardous waste prior
3615	3615	12 to disposal is the generator; or (2) the hazardous waste is
3616	3616	13 from a response action, in which case the person performing
3617	3617	14 the response action is the generator. This subsection (h) does
3618	3618	15 not apply to any hazardous waste that is restricted from land
3619	3619	16 disposal under 35 Ill. Adm. Code 728.
3620	3620	17 (i) Before issuing any RCRA permit, any permit for a waste
3621	3621	18 storage site, sanitary landfill, waste disposal site, waste
3622	3622	19 transfer station, waste treatment facility, waste incinerator,
3623	3623	20 or any waste-transportation operation, any permit or interim
3624	3624	21 authorization for a clean construction or demolition debris
3625	3625	22 fill operation, or any permit required under subsection (d-5)
3626	3626	23 of Section 55, the Agency shall conduct an evaluation of the
3627	3627	24 prospective owner's or operator's prior experience in waste
3628	3628	25 management operations, clean construction or demolition debris
3629	3629	26 fill operations, and tire storage site management. The Agency
3630	3630
3631	3631
3632	3632
3633	3633
3634	3634
3635	3635	HB3119 - 101 - LRB103 29449 CPF 55841 b
3636	3636
3637	3637
3638	3638	HB3119- 102 -LRB103 29449 CPF 55841 b HB3119 - 102 - LRB103 29449 CPF 55841 b
3639	3639	HB3119 - 102 - LRB103 29449 CPF 55841 b
3640	3640	1 may deny such a permit, or deny or revoke interim
3641	3641	2 authorization, if the prospective owner or operator or any
3642	3642	3 employee or officer of the prospective owner or operator has a
3643	3643	4 history of:
3644	3644	5 (1) repeated violations of federal, State, or local
3645	3645	6 laws, regulations, standards, or ordinances in the
3646	3646	7 operation of waste management facilities or sites, clean
3647	3647	8 construction or demolition debris fill operation
3648	3648	9 facilities or sites, or tire storage sites; or
3649	3649	10 (2) conviction in this or another State of any crime
3650	3650	11 which is a felony under the laws of this State, or
3651	3651	12 conviction of a felony in a federal court; or conviction
3652	3652	13 in this or another state or federal court of any of the
3653	3653	14 following crimes: forgery, official misconduct, bribery,
3654	3654	15 perjury, or knowingly submitting false information under
3655	3655	16 any environmental law, regulation, or permit term or
3656	3656	17 condition; or
3657	3657	18 (3) proof of gross carelessness or incompetence in
3658	3658	19 handling, storing, processing, transporting, or disposing
3659	3659	20 of waste, clean construction or demolition debris, or used
3660	3660	21 or waste tires, or proof of gross carelessness or
3661	3661	22 incompetence in using clean construction or demolition
3662	3662	23 debris as fill.
3663	3663	24 (i-5) Before issuing any permit or approving any interim
3664	3664	25 authorization for a clean construction or demolition debris
3665	3665	26 fill operation in which any ownership interest is transferred
3666	3666
3667	3667
3668	3668
3669	3669
3670	3670
3671	3671	HB3119 - 102 - LRB103 29449 CPF 55841 b
3672	3672
3673	3673
3674	3674	HB3119- 103 -LRB103 29449 CPF 55841 b HB3119 - 103 - LRB103 29449 CPF 55841 b
3675	3675	HB3119 - 103 - LRB103 29449 CPF 55841 b
3676	3676	1 between January 1, 2005, and the effective date of the
3677	3677	2 prohibition set forth in Section 22.52 of this Act, the Agency
3678	3678	3 shall conduct an evaluation of the operation if any previous
3679	3679	4 activities at the site or facility may have caused or allowed
3680	3680	5 contamination of the site. It shall be the responsibility of
3681	3681	6 the owner or operator seeking the permit or interim
3682	3682	7 authorization to provide to the Agency all of the information
3683	3683	8 necessary for the Agency to conduct its evaluation. The Agency
3684	3684	9 may deny a permit or interim authorization if previous
3685	3685	10 activities at the site may have caused or allowed
3686	3686	11 contamination at the site, unless such contamination is
3687	3687	12 authorized under any permit issued by the Agency.
3688	3688	13 (j) The issuance under this Act of a permit to engage in
3689	3689	14 the surface mining of any resources other than fossil fuels
3690	3690	15 shall not relieve the permittee from its duty to comply with
3691	3691	16 any applicable local law regulating the commencement,
3692	3692	17 location, or operation of surface mining facilities.
3693	3693	18 (k) A development permit issued under subsection (a) of
3694	3694	19 Section 39 for any facility or site which is required to have a
3695	3695	20 permit under subsection (d) of Section 21 shall expire at the
3696	3696	21 end of 2 calendar years from the date upon which it was issued,
3697	3697	22 unless within that period the applicant has taken action to
3698	3698	23 develop the facility or the site. In the event that review of
3699	3699	24 the conditions of the development permit is sought pursuant to
3700	3700	25 Section 40 or 41, or permittee is prevented from commencing
3701	3701	26 development of the facility or site by any other litigation
3702	3702
3703	3703
3704	3704
3705	3705
3706	3706
3707	3707	HB3119 - 103 - LRB103 29449 CPF 55841 b
3708	3708
3709	3709
3710	3710	HB3119- 104 -LRB103 29449 CPF 55841 b HB3119 - 104 - LRB103 29449 CPF 55841 b
3711	3711	HB3119 - 104 - LRB103 29449 CPF 55841 b
3712	3712	1 beyond the permittee's control, such two-year period shall be
3713	3713	2 deemed to begin on the date upon which such review process or
3714	3714	3 litigation is concluded.
3715	3715	4 (l) No permit shall be issued by the Agency under this Act
3716	3716	5 for construction or operation of any facility or site located
3717	3717	6 within the boundaries of any setback zone established pursuant
3718	3718	7 to this Act, where such construction or operation is
3719	3719	8 prohibited.
3720	3720	9 (m) The Agency may issue permits to persons owning or
3721	3721	10 operating a facility for composting landscape waste. In
3722	3722	11 granting such permits, the Agency may impose such conditions
3723	3723	12 as may be necessary to accomplish the purposes of this Act, and
3724	3724	13 as are not inconsistent with applicable regulations
3725	3725	14 promulgated by the Board. Except as otherwise provided in this
3726	3726	15 Act, a bond or other security shall not be required as a
3727	3727	16 condition for the issuance of a permit. If the Agency denies
3728	3728	17 any permit pursuant to this subsection, the Agency shall
3729	3729	18 transmit to the applicant within the time limitations of this
3730	3730	19 subsection specific, detailed statements as to the reasons the
3731	3731	20 permit application was denied. Such statements shall include
3732	3732	21 but not be limited to the following:
3733	3733	22 (1) the Sections of this Act that may be violated if
3734	3734	23 the permit were granted;
3735	3735	24 (2) the specific regulations promulgated pursuant to
3736	3736	25 this Act that may be violated if the permit were granted;
3737	3737	26 (3) the specific information, if any, the Agency deems
3738	3738
3739	3739
3740	3740
3741	3741
3742	3742
3743	3743	HB3119 - 104 - LRB103 29449 CPF 55841 b
3744	3744
3745	3745
3746	3746	HB3119- 105 -LRB103 29449 CPF 55841 b HB3119 - 105 - LRB103 29449 CPF 55841 b
3747	3747	HB3119 - 105 - LRB103 29449 CPF 55841 b
3748	3748	1 the applicant did not provide in its application to the
3749	3749	2 Agency; and
3750	3750	3 (4) a statement of specific reasons why the Act and
3751	3751	4 the regulations might be violated if the permit were
3752	3752	5 granted.
3753	3753	6 If no final action is taken by the Agency within 90 days
3754	3754	7 after the filing of the application for permit, the applicant
3755	3755	8 may deem the permit issued. Any applicant for a permit may
3756	3756	9 waive the 90-day limitation by filing a written statement with
3757	3757	10 the Agency.
3758	3758	11 The Agency shall issue permits for such facilities upon
3759	3759	12 receipt of an application that includes a legal description of
3760	3760	13 the site, a topographic map of the site drawn to the scale of
3761	3761	14 200 feet to the inch or larger, a description of the operation,
3762	3762	15 including the area served, an estimate of the volume of
3763	3763	16 materials to be processed, and documentation that:
3764	3764	17 (1) the facility includes a setback of at least 200
3765	3765	18 feet from the nearest potable water supply well;
3766	3766	19 (2) the facility is located outside the boundary of
3767	3767	20 the 10-year floodplain or the site will be floodproofed;
3768	3768	21 (3) the facility is located so as to minimize
3769	3769	22 incompatibility with the character of the surrounding
3770	3770	23 area, including at least a 200 foot setback from any
3771	3771	24 residence, and in the case of a facility that is developed
3772	3772	25 or the permitted composting area of which is expanded
3773	3773	26 after November 17, 1991, the composting area is located at
3774	3774
3775	3775
3776	3776
3777	3777
3778	3778
3779	3779	HB3119 - 105 - LRB103 29449 CPF 55841 b
3780	3780
3781	3781
3782	3782	HB3119- 106 -LRB103 29449 CPF 55841 b HB3119 - 106 - LRB103 29449 CPF 55841 b
3783	3783	HB3119 - 106 - LRB103 29449 CPF 55841 b
3784	3784	1 least 1/8 mile from the nearest residence (other than a
3785	3785	2 residence located on the same property as the facility);
3786	3786	3 (4) the design of the facility will prevent any
3787	3787	4 compost material from being placed within 5 feet of the
3788	3788	5 water table, will adequately control runoff from the site,
3789	3789	6 and will collect and manage any leachate that is generated
3790	3790	7 on the site;
3791	3791	8 (5) the operation of the facility will include
3792	3792	9 appropriate dust and odor control measures, limitations on
3793	3793	10 operating hours, appropriate noise control measures for
3794	3794	11 shredding, chipping and similar equipment, management
3795	3795	12 procedures for composting, containment and disposal of
3796	3796	13 non-compostable wastes, procedures to be used for
3797	3797	14 terminating operations at the site, and recordkeeping
3798	3798	15 sufficient to document the amount of materials received,
3799	3799	16 composted, and otherwise disposed of; and
3800	3800	17 (6) the operation will be conducted in accordance with
3801	3801	18 any applicable rules adopted by the Board.
3802	3802	19 The Agency shall issue renewable permits of not longer
3803	3803	20 than 10 years in duration for the composting of landscape
3804	3804	21 wastes, as defined in Section 3.155 of this Act, based on the
3805	3805	22 above requirements.
3806	3806	23 The operator of any facility permitted under this
3807	3807	24 subsection (m) must submit a written annual statement to the
3808	3808	25 Agency on or before April 1 of each year that includes an
3809	3809	26 estimate of the amount of material, in tons, received for
3810	3810
3811	3811
3812	3812
3813	3813
3814	3814
3815	3815	HB3119 - 106 - LRB103 29449 CPF 55841 b
3816	3816
3817	3817
3818	3818	HB3119- 107 -LRB103 29449 CPF 55841 b HB3119 - 107 - LRB103 29449 CPF 55841 b
3819	3819	HB3119 - 107 - LRB103 29449 CPF 55841 b
3820	3820	1 composting.
3821	3821	2 (n) The Agency shall issue permits jointly with the
3822	3822	3 Department of Transportation for the dredging or deposit of
3823	3823	4 material in Lake Michigan in accordance with Section 18 of the
3824	3824	5 Rivers, Lakes, and Streams Act.
3825	3825	6 (o) (Blank).
3826	3826	7 (p) (1) Any person submitting an application for a permit
3827	3827	8 for a new MSWLF unit or for a lateral expansion under
3828	3828	9 subsection (t) of Section 21 of this Act for an existing MSWLF
3829	3829	10 unit that has not received and is not subject to local siting
3830	3830	11 approval under Section 39.2 of this Act shall publish notice
3831	3831	12 of the application in a newspaper of general circulation in
3832	3832	13 the county in which the MSWLF unit is or is proposed to be
3833	3833	14 located. The notice must be published at least 15 days before
3834	3834	15 submission of the permit application to the Agency. The notice
3835	3835	16 shall state the name and address of the applicant, the
3836	3836	17 location of the MSWLF unit or proposed MSWLF unit, the nature
3837	3837	18 and size of the MSWLF unit or proposed MSWLF unit, the nature
3838	3838	19 of the activity proposed, the probable life of the proposed
3839	3839	20 activity, the date the permit application will be submitted,
3840	3840	21 and a statement that persons may file written comments with
3841	3841	22 the Agency concerning the permit application within 30 days
3842	3842	23 after the filing of the permit application unless the time
3843	3843	24 period to submit comments is extended by the Agency.
3844	3844	25 When a permit applicant submits information to the Agency
3845	3845	26 to supplement a permit application being reviewed by the
3846	3846
3847	3847
3848	3848
3849	3849
3850	3850
3851	3851	HB3119 - 107 - LRB103 29449 CPF 55841 b
3852	3852
3853	3853
3854	3854	HB3119- 108 -LRB103 29449 CPF 55841 b HB3119 - 108 - LRB103 29449 CPF 55841 b
3855	3855	HB3119 - 108 - LRB103 29449 CPF 55841 b
3856	3856	1 Agency, the applicant shall not be required to reissue the
3857	3857	2 notice under this subsection.
3858	3858	3 (2) The Agency shall accept written comments concerning
3859	3859	4 the permit application that are postmarked no later than 30
3860	3860	5 days after the filing of the permit application, unless the
3861	3861	6 time period to accept comments is extended by the Agency.
3862	3862	7 (3) Each applicant for a permit described in part (1) of
3863	3863	8 this subsection shall file a copy of the permit application
3864	3864	9 with the county board or governing body of the municipality in
3865	3865	10 which the MSWLF unit is or is proposed to be located at the
3866	3866	11 same time the application is submitted to the Agency. The
3867	3867	12 permit application filed with the county board or governing
3868	3868	13 body of the municipality shall include all documents submitted
3869	3869	14 to or to be submitted to the Agency, except trade secrets as
3870	3870	15 determined under Section 7.1 of this Act. The permit
3871	3871	16 application and other documents on file with the county board
3872	3872	17 or governing body of the municipality shall be made available
3873	3873	18 for public inspection during regular business hours at the
3874	3874	19 office of the county board or the governing body of the
3875	3875	20 municipality and may be copied upon payment of the actual cost
3876	3876	21 of reproduction.
3877	3877	22 (q) Within 6 months after July 12, 2011 (the effective
3878	3878	23 date of Public Act 97-95), the Agency, in consultation with
3879	3879	24 the regulated community, shall develop a web portal to be
3880	3880	25 posted on its website for the purpose of enhancing review and
3881	3881	26 promoting timely issuance of permits required by this Act. At
3882	3882
3883	3883
3884	3884
3885	3885
3886	3886
3887	3887	HB3119 - 108 - LRB103 29449 CPF 55841 b
3888	3888
3889	3889
3890	3890	HB3119- 109 -LRB103 29449 CPF 55841 b HB3119 - 109 - LRB103 29449 CPF 55841 b
3891	3891	HB3119 - 109 - LRB103 29449 CPF 55841 b
3892	3892	1 a minimum, the Agency shall make the following information
3893	3893	2 available on the web portal:
3894	3894	3 (1) Checklists and guidance relating to the completion
3895	3895	4 of permit applications, developed pursuant to subsection
3896	3896	5 (s) of this Section, which may include, but are not
3897	3897	6 limited to, existing instructions for completing the
3898	3898	7 applications and examples of complete applications. As the
3899	3899	8 Agency develops new checklists and develops guidance, it
3900	3900	9 shall supplement the web portal with those materials.
3901	3901	10 (2) Within 2 years after July 12, 2011 (the effective
3902	3902	11 date of Public Act 97-95), permit application forms or
3903	3903	12 portions of permit applications that can be completed and
3904	3904	13 saved electronically, and submitted to the Agency
3905	3905	14 electronically with digital signatures.
3906	3906	15 (3) Within 2 years after July 12, 2011 (the effective
3907	3907	16 date of Public Act 97-95), an online tracking system where
3908	3908	17 an applicant may review the status of its pending
3909	3909	18 application, including the name and contact information of
3910	3910	19 the permit analyst assigned to the application. Until the
3911	3911	20 online tracking system has been developed, the Agency
3912	3912	21 shall post on its website semi-annual permitting
3913	3913	22 efficiency tracking reports that include statistics on the
3914	3914	23 timeframes for Agency action on the following types of
3915	3915	24 permits received after July 12, 2011 (the effective date
3916	3916	25 of Public Act 97-95): air construction permits, new NPDES
3917	3917	26 permits and associated water construction permits, and
3918	3918
3919	3919
3920	3920
3921	3921
3922	3922
3923	3923	HB3119 - 109 - LRB103 29449 CPF 55841 b
3924	3924
3925	3925
3926	3926	HB3119- 110 -LRB103 29449 CPF 55841 b HB3119 - 110 - LRB103 29449 CPF 55841 b
3927	3927	HB3119 - 110 - LRB103 29449 CPF 55841 b
3928	3928	1 modifications of major NPDES permits and associated water
3929	3929	2 construction permits. The reports must be posted by
3930	3930	3 February 1 and August 1 each year and shall include:
3931	3931	4 (A) the number of applications received for each
3932	3932	5 type of permit, the number of applications on which
3933	3933	6 the Agency has taken action, and the number of
3934	3934	7 applications still pending; and
3935	3935	8 (B) for those applications where the Agency has
3936	3936	9 not taken action in accordance with the timeframes set
3937	3937	10 forth in this Act, the date the application was
3938	3938	11 received and the reasons for any delays, which may
3939	3939	12 include, but shall not be limited to, (i) the
3940	3940	13 application being inadequate or incomplete, (ii)
3941	3941	14 scientific or technical disagreements with the
3942	3942	15 applicant, USEPA, or other local, state, or federal
3943	3943	16 agencies involved in the permitting approval process,
3944	3944	17 (iii) public opposition to the permit, or (iv) Agency
3945	3945	18 staffing shortages. To the extent practicable, the
3946	3946	19 tracking report shall provide approximate dates when
3947	3947	20 cause for delay was identified by the Agency, when the
3948	3948	21 Agency informed the applicant of the problem leading
3949	3949	22 to the delay, and when the applicant remedied the
3950	3950	23 reason for the delay.
3951	3951	24 (r) Upon the request of the applicant, the Agency shall
3952	3952	25 notify the applicant of the permit analyst assigned to the
3953	3953	26 application upon its receipt.
3954	3954
3955	3955
3956	3956
3957	3957
3958	3958
3959	3959	HB3119 - 110 - LRB103 29449 CPF 55841 b
3960	3960
3961	3961
3962	3962	HB3119- 111 -LRB103 29449 CPF 55841 b HB3119 - 111 - LRB103 29449 CPF 55841 b
3963	3963	HB3119 - 111 - LRB103 29449 CPF 55841 b
3964	3964	1 (s) The Agency is authorized to prepare and distribute
3965	3965	2 guidance documents relating to its administration of this
3966	3966	3 Section and procedural rules implementing this Section.
3967	3967	4 Guidance documents prepared under this subsection shall not be
3968	3968	5 considered rules and shall not be subject to the Illinois
3969	3969	6 Administrative Procedure Act. Such guidance shall not be
3970	3970	7 binding on any party.
3971	3971	8 (t) Except as otherwise prohibited by federal law or
3972	3972	9 regulation, any person submitting an application for a permit
3973	3973	10 may include with the application suggested permit language for
3974	3974	11 Agency consideration. The Agency is not obligated to use the
3975	3975	12 suggested language or any portion thereof in its permitting
3976	3976	13 decision. If requested by the permit applicant, the Agency
3977	3977	14 shall meet with the applicant to discuss the suggested
3978	3978	15 language.
3979	3979	16 (u) If requested by the permit applicant, the Agency shall
3980	3980	17 provide the permit applicant with a copy of the draft permit
3981	3981	18 prior to any public review period.
3982	3982	19 (v) If requested by the permit applicant, the Agency shall
3983	3983	20 provide the permit applicant with a copy of the final permit
3984	3984	21 prior to its issuance.
3985	3985	22 (w) An air pollution permit shall not be required due to
3986	3986	23 emissions of greenhouse gases, as specified by Section 9.15 of
3987	3987	24 this Act.
3988	3988	25 (x) If, before the expiration of a State operating permit
3989	3989	26 that is issued pursuant to subsection (a) of this Section and
3990	3990
3991	3991
3992	3992
3993	3993
3994	3994
3995	3995	HB3119 - 111 - LRB103 29449 CPF 55841 b
3996	3996
3997	3997
3998	3998	HB3119- 112 -LRB103 29449 CPF 55841 b HB3119 - 112 - LRB103 29449 CPF 55841 b
3999	3999	HB3119 - 112 - LRB103 29449 CPF 55841 b
4000	4000	1 contains federally enforceable conditions limiting the
4001	4001	2 potential to emit of the source to a level below the major
4002	4002	3 source threshold for that source so as to exclude the source
4003	4003	4 from the Clean Air Act Permit Program, the Agency receives a
4004	4004	5 complete application for the renewal of that permit, then all
4005	4005	6 of the terms and conditions of the permit shall remain in
4006	4006	7 effect until final administrative action has been taken on the
4007	4007	8 application for the renewal of the permit.
4008	4008	9 (y) The Agency may issue permits exclusively under this
4009	4009	10 subsection to persons owning or operating a CCR surface
4010	4010	11 impoundment subject to Section 22.59.
4011	4011	12 (z) If a mass animal mortality event is declared by the
4012	4012	13 Department of Agriculture in accordance with the Animal
4013	4013	14 Mortality Act:
4014	4014	15 (1) the owner or operator responsible for the disposal
4015	4015	16 of dead animals is exempted from the following:
4016	4016	17 (i) obtaining a permit for the construction,
4017	4017	18 installation, or operation of any type of facility or
4018	4018	19 equipment issued in accordance with subsection (a) of
4019	4019	20 this Section;
4020	4020	21 (ii) obtaining a permit for open burning in
4021	4021	22 accordance with the rules adopted by the Board; and
4022	4022	23 (iii) registering the disposal of dead animals as
4023	4023	24 an eligible small source with the Agency in accordance
4024	4024	25 with Section 9.14 of this Act;
4025	4025	26 (2) as applicable, the owner or operator responsible
4026	4026
4027	4027
4028	4028
4029	4029
4030	4030
4031	4031	HB3119 - 112 - LRB103 29449 CPF 55841 b
4032	4032
4033	4033
4034	4034	HB3119- 113 -LRB103 29449 CPF 55841 b HB3119 - 113 - LRB103 29449 CPF 55841 b
4035	4035	HB3119 - 113 - LRB103 29449 CPF 55841 b
4036	4036	1 for the disposal of dead animals is required to obtain the
4037	4037	2 following permits:
4038	4038	3 (i) an NPDES permit in accordance with subsection
4039	4039	4 (b) of this Section;
4040	4040	5 (ii) a PSD permit or an NA NSR permit in accordance
4041	4041	6 with Section 9.1 of this Act;
4042	4042	7 (iii) a lifetime State operating permit or a
4043	4043	8 federally enforceable State operating permit, in
4044	4044	9 accordance with subsection (a) of this Section; or
4045	4045	10 (iv) a CAAPP permit, in accordance with Section
4046	4046	11 39.5 of this Act.
4047	4047	12 All CCR surface impoundment permits shall contain those
4048	4048	13 terms and conditions, including, but not limited to, schedules
4049	4049	14 of compliance, which may be required to accomplish the
4050	4050	15 purposes and provisions of this Act, Board regulations, the
4051	4051	16 Illinois Groundwater Protection Act and regulations pursuant
4052	4052	17 thereto, and the Resource Conservation and Recovery Act and
4053	4053	18 regulations pursuant thereto, and may include schedules for
4054	4054	19 achieving compliance therewith as soon as possible.
4055	4055	20 The Board shall adopt filing requirements and procedures
4056	4056	21 that are necessary and appropriate for the issuance of CCR
4057	4057	22 surface impoundment permits and that are consistent with this
4058	4058	23 Act or regulations adopted by the Board, and with the RCRA, as
4059	4059	24 amended, and regulations pursuant thereto.
4060	4060	25 The applicant shall make available to the public for
4061	4061	26 inspection all documents submitted by the applicant to the
4062	4062
4063	4063
4064	4064
4065	4065
4066	4066
4067	4067	HB3119 - 113 - LRB103 29449 CPF 55841 b
4068	4068
4069	4069
4070	4070	HB3119- 114 -LRB103 29449 CPF 55841 b HB3119 - 114 - LRB103 29449 CPF 55841 b
4071	4071	HB3119 - 114 - LRB103 29449 CPF 55841 b
4072	4072	1 Agency in furtherance of an application, with the exception of
4073	4073	2 trade secrets, on its public internet website as well as at the
4074	4074	3 office of the county board or governing body of the
4075	4075	4 municipality where CCR from the CCR surface impoundment will
4076	4076	5 be permanently disposed. Such documents may be copied upon
4077	4077	6 payment of the actual cost of reproduction during regular
4078	4078	7 business hours of the local office.
4079	4079	8 The Agency shall issue a written statement concurrent with
4080	4080	9 its grant or denial of the permit explaining the basis for its
4081	4081	10 decision.
4082	4082	11 (Source: P.A. 101-171, eff. 7-30-19; 102-216, eff. 1-1-22;
4083	4083	12 102-558, eff. 8-20-21; 102-813, eff. 5-13-22.)
4084	4084	13 (415 ILCS 5/40) (from Ch. 111 1/2, par. 1040)
4085	4085	14 Sec. 40. Appeal of permit denial.
4086	4086	15 (a)(1) If the Agency refuses to grant or grants with
4087	4087	16 conditions a permit under Section 39 of this Act, the
4088	4088	17 applicant may, within 35 days after the date on which the
4089	4089	18 Agency served its decision on the applicant, petition for a
4090	4090	19 hearing before the Board to contest the decision of the
4091	4091	20 Agency. However, the 35-day period for petitioning for a
4092	4092	21 hearing may be extended for an additional period of time not to
4093	4093	22 exceed 90 days by written notice provided to the Board from the
4094	4094	23 applicant and the Agency within the initial appeal period. The
4095	4095	24 Board shall give 21 days' notice to any person in the county
4096	4096	25 where is located the facility in issue who has requested
4097	4097
4098	4098
4099	4099
4100	4100
4101	4101
4102	4102	HB3119 - 114 - LRB103 29449 CPF 55841 b
4103	4103
4104	4104
4105	4105	HB3119- 115 -LRB103 29449 CPF 55841 b HB3119 - 115 - LRB103 29449 CPF 55841 b
4106	4106	HB3119 - 115 - LRB103 29449 CPF 55841 b
4107	4107	1 notice of enforcement proceedings and to each member of the
4108	4108	2 General Assembly in whose legislative district that
4109	4109	3 installation or property is located; and shall publish that
4110	4110	4 21-day notice in a newspaper of general circulation in that
4111	4111	5 county. The Agency shall appear as respondent in such hearing.
4112	4112	6 At such hearing the rules prescribed in Section 32 and
4113	4113	7 subsection (a) of Section 33 of this Act shall apply, and the
4114	4114	8 burden of proof shall be on the petitioner. If, however, the
4115	4115	9 Agency issues an NPDES permit that imposes limits which are
4116	4116	10 based upon a criterion or denies a permit based upon
4117	4117	11 application of a criterion, then the Agency shall have the
4118	4118	12 burden of going forward with the basis for the derivation of
4119	4119	13 those limits or criterion which were derived under the Board's
4120	4120	14 rules.
4121	4121	15 (2) Except as provided in paragraph (a)(3), if there is no
4122	4122	16 final action by the Board within 120 days after the date on
4123	4123	17 which it received the petition, the petitioner may deem the
4124	4124	18 permit issued under this Act, provided, however, that that
4125	4125	19 period of 120 days shall not run for any period of time, not to
4126	4126	20 exceed 30 days, during which the Board is without sufficient
4127	4127	21 membership to constitute the quorum required by subsection (a)
4128	4128	22 of Section 5 of this Act, and provided further that such 120
4129	4129	23 day period shall not be stayed for lack of quorum beyond 30
4130	4130	24 days regardless of whether the lack of quorum exists at the
4131	4131	25 beginning of such 120-day period or occurs during the running
4132	4132	26 of such 120-day period.
4133	4133
4134	4134
4135	4135
4136	4136
4137	4137
4138	4138	HB3119 - 115 - LRB103 29449 CPF 55841 b
4139	4139
4140	4140
4141	4141	HB3119- 116 -LRB103 29449 CPF 55841 b HB3119 - 116 - LRB103 29449 CPF 55841 b
4142	4142	HB3119 - 116 - LRB103 29449 CPF 55841 b
4143	4143	1 (3) Paragraph (a)(2) shall not apply to any permit which
4144	4144	2 is subject to subsection (b), (d) or (e) of Section 39. If
4145	4145	3 there is no final action by the Board within 120 days after the
4146	4146	4 date on which it received the petition, the petitioner shall
4147	4147	5 be entitled to an Appellate Court order pursuant to subsection
4148	4148	6 (d) of Section 41 of this Act.
4149	4149	7 (b) If the Agency grants a RCRA permit for a hazardous
4150	4150	8 waste disposal site, a third party, other than the permit
4151	4151	9 applicant or Agency, may, within 35 days after the date on
4152	4152	10 which the Agency issued its decision, petition the Board for a
4153	4153	11 hearing to contest the issuance of the permit. Unless the
4154	4154	12 Board determines that such petition is duplicative or
4155	4155	13 frivolous, or that the petitioner is so located as to not be
4156	4156	14 affected by the permitted facility, the Board shall hear the
4157	4157	15 petition in accordance with the terms of subsection (a) of
4158	4158	16 this Section and its procedural rules governing denial
4159	4159	17 appeals, such hearing to be based exclusively on the record
4160	4160	18 before the Agency. The burden of proof shall be on the
4161	4161	19 petitioner. The Agency and the permit applicant shall be named
4162	4162	20 co-respondents.
4163	4163	21 The provisions of this subsection do not apply to the
4164	4164	22 granting of permits issued for the disposal or utilization of
4165	4165	23 sludge from publicly owned sewage works.
4166	4166	24 (c) Any party to an Agency proceeding conducted pursuant
4167	4167	25 to Section 39.3 of this Act may petition as of right to the
4168	4168	26 Board for review of the Agency's decision within 35 days from
4169	4169
4170	4170
4171	4171
4172	4172
4173	4173
4174	4174	HB3119 - 116 - LRB103 29449 CPF 55841 b
4175	4175
4176	4176
4177	4177	HB3119- 117 -LRB103 29449 CPF 55841 b HB3119 - 117 - LRB103 29449 CPF 55841 b
4178	4178	HB3119 - 117 - LRB103 29449 CPF 55841 b
4179	4179	1 the date of issuance of the Agency's decision, provided that
4180	4180	2 such appeal is not duplicative or frivolous. However, the
4181	4181	3 35-day period for petitioning for a hearing may be extended by
4182	4182	4 the applicant for a period of time not to exceed 90 days by
4183	4183	5 written notice provided to the Board from the applicant and
4184	4184	6 the Agency within the initial appeal period. If another person
4185	4185	7 with standing to appeal wishes to obtain an extension, there
4186	4186	8 must be a written notice provided to the Board by that person,
4187	4187	9 the Agency, and the applicant, within the initial appeal
4188	4188	10 period. The decision of the Board shall be based exclusively
4189	4189	11 on the record compiled in the Agency proceeding. In other
4190	4190	12 respects the Board's review shall be conducted in accordance
4191	4191	13 with subsection (a) of this Section and the Board's procedural
4192	4192	14 rules governing permit denial appeals.
4193	4193	15 (d) In reviewing the denial or any condition of a NA NSR
4194	4194	16 permit issued by the Agency pursuant to rules and regulations
4195	4195	17 adopted under subsection (c) of Section 9.1 of this Act, the
4196	4196	18 decision of the Board shall be based exclusively on the record
4197	4197	19 before the Agency including the record of the hearing, if any,
4198	4198	20 unless the parties agree to supplement the record. The Board
4199	4199	21 shall, if it finds the Agency is in error, make a final
4200	4200	22 determination as to the substantive limitations of the permit
4201	4201	23 including a final determination of Lowest Achievable Emission
4202	4202	24 Rate.
4203	4203	25 (e)(1) If the Agency grants or denies a permit under
4204	4204	26 subsection (b) of Section 39 of this Act, a third party, other
4205	4205
4206	4206
4207	4207
4208	4208
4209	4209
4210	4210	HB3119 - 117 - LRB103 29449 CPF 55841 b
4211	4211
4212	4212
4213	4213	HB3119- 118 -LRB103 29449 CPF 55841 b HB3119 - 118 - LRB103 29449 CPF 55841 b
4214	4214	HB3119 - 118 - LRB103 29449 CPF 55841 b
4215	4215	1 than the permit applicant or Agency, may petition the Board
4216	4216	2 within 35 days from the date of issuance of the Agency's
4217	4217	3 decision, for a hearing to contest the decision of the Agency.
4218	4218	4 (2) A petitioner shall include the following within a
4219	4219	5 petition submitted under subdivision (1) of this subsection:
4220	4220	6 (A) a demonstration that the petitioner raised the
4221	4221	7 issues contained within the petition during the public
4222	4222	8 notice period or during the public hearing on the NPDES
4223	4223	9 permit application, if a public hearing was held; and
4224	4224	10 (B) a demonstration that the petitioner is so situated
4225	4225	11 as to be affected by the permitted facility.
4226	4226	12 (3) If the Board determines that the petition is not
4227	4227	13 duplicative or frivolous and contains a satisfactory
4228	4228	14 demonstration under subdivision (2) of this subsection, the
4229	4229	15 Board shall hear the petition (i) in accordance with the terms
4230	4230	16 of subsection (a) of this Section and its procedural rules
4231	4231	17 governing permit denial appeals and (ii) exclusively on the
4232	4232	18 basis of the record before the Agency. The burden of proof
4233	4233	19 shall be on the petitioner. The Agency and permit applicant
4234	4234	20 shall be named co-respondents.
4235	4235	21 (f) Any person who files a petition to contest the
4236	4236	22 issuance of a permit by the Agency shall pay a filing fee.
4237	4237	23 (g) If the Agency grants or denies a permit under
4238	4238	24 subsection (y) of Section 39, a third party, other than the
4239	4239	25 permit applicant or Agency, may appeal the Agency's decision
4240	4240	26 as provided under federal law for CCR surface impoundment
4241	4241
4242	4242
4243	4243
4244	4244
4245	4245
4246	4246	HB3119 - 118 - LRB103 29449 CPF 55841 b
4247	4247
4248	4248
4249	4249	HB3119- 119 -LRB103 29449 CPF 55841 b HB3119 - 119 - LRB103 29449 CPF 55841 b
4250	4250	HB3119 - 119 - LRB103 29449 CPF 55841 b
4251	4251	1 permits.
4252	4252	2 (h) If the Agency grants or denies a permit for capture of
4253	4253	3 carbon dioxide under subsection (b) of Section 9.20 or a
4254	4254	4 permit for sequestration of carbon dioxide under Section
4255	4255	5 22.63, including the disapproval of financial assurance under
4256	4256	6 subsection (f), any person may petition the Board within 35
4257	4257	7 days from the date of issuance of the Agency's decision for a
4258	4258	8 hearing to contest the decision of the Agency.
4259	4259	9 (Source: P.A. 101-171, eff. 7-30-19; 102-558, eff. 8-20-21.)
4260	4260	10 Section 997. Severability. The provisions of this Act are
4261	4261	11 severable under Section 1.31 of the Statute on Statutes.
4262	4262	12 Section 999. Effective date. This Act takes effect upon
4263	4263	13 becoming law.
4264	4264	HB3119- 120 -LRB103 29449 CPF 55841 b 1 INDEX 2 Statutes amended in order of appearance HB3119- 120 -LRB103 29449 CPF 55841 b HB3119 - 120 - LRB103 29449 CPF 55841 b 1 INDEX 2 Statutes amended in order of appearance
4265	4265	HB3119- 120 -LRB103 29449 CPF 55841 b HB3119 - 120 - LRB103 29449 CPF 55841 b
4266	4266	HB3119 - 120 - LRB103 29449 CPF 55841 b
4267	4267	1 INDEX
4268	4268	2 Statutes amended in order of appearance
4269	4269
4270	4270
4271	4271
4272	4272
4273	4273
4274	4274	HB3119 - 119 - LRB103 29449 CPF 55841 b
4275	4275
4276	4276
4277	4277
4278	4278	HB3119- 120 -LRB103 29449 CPF 55841 b HB3119 - 120 - LRB103 29449 CPF 55841 b
4279	4279	HB3119 - 120 - LRB103 29449 CPF 55841 b
4280	4280	1 INDEX
4281	4281	2 Statutes amended in order of appearance
4282	4282
4283	4283
4284	4284
4285	4285
4286	4286
4287	4287	HB3119 - 120 - LRB103 29449 CPF 55841 b