Public Act 103-0651
SB1289 EnrolledLRB103 05989 BMS 51011 b SB1289 Enrolled LRB103 05989 BMS 51011 b
SB1289 Enrolled LRB103 05989 BMS 51011 b
AN ACT concerning regulation.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 1. Short title; references to Act.
(a) This Act may be cited as the Safety and Aid for the
Environment in Carbon Capture and Sequestration Act.
(b) This Act may be referred to as the SAFE CCS Act.
Section 5. Definitions. As used in this Act:
"Carbon dioxide sequestration reservoir" means a portion
of a sedimentary geologic stratum or formation containing pore
space, including, but not limited to, depleted reservoirs and
saline formations, that is suitable for the injection and
permanent storage of carbon dioxide.
"Nonconsenting pore space owner" means a titleholder, as
identified in the deed, of any surface estate that overlies
pore space proposed to be used for sequestration of carbon
dioxide, who does not consent to the use of their pore space
for the sequestration of carbon dioxide.
"Pore space" means the portion of geologic media that
contains gas or fluid, including, but not limited to, oil or
water, and that can be used to store carbon dioxide. "Pore
space" also includes solution-mined cavities.
"Pore space owner" means the person who has title to a pore
SB1289 Enrolled LRB103 05989 BMS 51011 b
space.
"Sequestration facility" means the carbon dioxide
sequestration reservoir, underground equipment, including, but
not limited to, well penetrations, and surface facilities and
equipment used or proposed to be used in a geologic storage
operation. "Sequestration facility" includes each injection
well and equipment used to connect the surface facility and
equipment to the carbon dioxide sequestration reservoir and
underground equipment. "Sequestration facility" does not
include pipelines used to transport carbon dioxide to a
sequestration facility.
Section 10. Ownership and conveyance of pore space.
(a) Title to pore space belongs to and is vested in the
surface owner of the surface estate.
(b) A conveyance of title to a surface estate conveys
title to the pore space in all strata underlying the surface
estate.
(c) Title to pore space may not be severed from title to
the surface estate. A grant of easement or lease for use of
pore space is not a severance prohibited under this
subsection.
(d) A grant of easement or lease for use of pore space
shall not confer any right to enter upon or otherwise use the
surface of the land unless the grant of easement or lease
expressly so provides that right.
(e) Any grant of easement for use of pore space or pore
space lease abstract shall be recorded in the same manner as
easements of real estate. If the holder of an easement or lease
of pore space withdraws or is denied a permit for
sequestration of carbon dioxide under Section 59.6 of the
Environmental Protection Act, including, but not limited to,
the disapproval of financial assurance under subsection (e) of
Section 22.64 of the Environmental Protection Act, the owner
of the surface estate shall have the right to have the title or
interest returned for any amounts paid to the holder of the
easement or lease.
(f) Nothing in this Section shall be construed to change
or alter the common law existing as of the effective date of
this Act as it relates to the rights belonging to, or the
dominance of, the mineral estate.
Section 15. Integration and unitization of ownership
interests.
(a) If at least 2 pore space owners own pore space located
within a proposed sequestration facility, the owners may agree
to integrate the owners' interests to develop the pore space
as a proposed sequestration facility for the underground
sequestration of carbon dioxide.
(b) If all of the pore space owners within a proposed or
permitted sequestration facility do not agree to integrate the
pore space owners' interests, the sequestration operator may
petition the Department of Natural Resources to issue an order
requiring the pore space owners to integrate their interests
and authorizing the sequestration operator or sequestration
facility permit holder to develop and use the integrated pore
space as a sequestration facility for carbon sequestration.
Such an order for unitization and integration of pore space
may only be issued if the sequestration operator has obtained
the rights from pore space owners of pore space underlying at
least 75% of the surface area above the proposed sequestration
facility. The petition shall include, but is not limited to:
(1) the name and address of the petitioners;
(2) the property index numbers or legal descriptions
for the parcels of property and a geologic description of
the pore space within the proposed or permitted
sequestration facility;
(3) a disclosure of any parcels of property overlying
the pore space to be integrated, identified by property
index numbers or legal descriptions, in which the
applicant, any of its owners, officers, corporate
subsidiaries, or parents, sister companies, or affiliates,
at the time of submission of the application or within 10
years prior to the submission of the application, have or
had any real or personal interest, whether direct or
indirect;
(4) the names and addresses of all pore space owners
owning property within the proposed or permitted
sequestration facility as disclosed by the records of the
office of the recorder for the county or counties in which
the proposed or permitted sequestration facility is
situated and a list of consenting and nonconsenting pore
space owners, as well as a list of all properties for which
a pore space owner is unknown or nonlocatable;
(5) a statement that the petitioner has exercised due
diligence to locate each pore space owner and to seek an
agreement with each for pore space rights for the
sequestration facility, including a description of the
good faith efforts taken to identify, contact, and
negotiate with each nonconsenting pore space owner;
(6) a statement of the type of operations for the
proposed or permitted sequestration facility;
(7) a plan for determining the quantity of pore space
sequestration capacity to be assigned to each separately
owned parcel of property based on the surface area acreage
overlying the proposed or permitted sequestration facility
and for using the surface for Class VI well permit
required activities under Section 35;
(8) the method by which pore space owners will be
compensated for use of the pore space, and a copy of all
agreements entered into with consenting pore space owners
regarding the compensation paid to a consenting pore space
owner;
(9) the method by which nonconsenting pore space
owners will receive just compensation; and
(10) a nonrefundable application fee of $250,000.
The application fee shall be deposited into the Oil and
Gas Resource Management Fund for the Department of Natural
Resources' costs related to administration of this Act.
(c) If the petition for a unitization order concerns
unknown or nonlocatable pore space owners, the applicant shall
provide public notice once a week for 2 consecutive weeks in
the newspaper of the largest circulation in each county in
which the proposed sequestration facility is located within 30
days prior to submission of the petition for a unitization and
integration order. The petitioner shall file proof of such
notice with the Department of Natural Resources with the
petition. The petitioner shall also provide public notice of
the public hearing described in subsection (d) in the same
manner within 30 days prior to the hearing on the petition for
a unitization order. The petitioner shall also send notice of
the filing of the petition and the notice of the public hearing
via certified mail to the last known address of each
nonlocatable pore space owner and provide copies of those
notices to the Department of Natural Resources. The notice
shall:
(1) state that a petition for a unitization and
integration order has been filed with the Department of
Natural Resources;
(2) describe the formation or formations and pore
space proposed to be unitized;
(3) in the case of an unknown pore space owner,
indicate the name of the last known pore space owner;
(4) in the case of a nonlocatable pore space owner,
identify the pore space owner and the owner's last known
address; and
(5) state that any person claiming an interest in the
properties proposed to be unitized should notify the
operator of the proposed sequestration facility at the
published address within 20 days of the publication date.
Unknown or nonlocatable pore space owners that have not
claimed an interest by the time of the Department of Natural
Resources' public notice in subsection (d) shall be deemed to
have consented to unitization and integration of their pore
space.
(d) Prior to issuing an order to unitize and integrate
pore space, the Department of Natural Resources shall issue a
public notice of the petition and shall hold a public hearing
on the petition. The public notice shall include copies of the
petition and all included attachments that are not protected
under the Freedom of Information Act. The public notice shall
include an opportunity for public comments and shall contain
the date, time, and location of the public hearing as decided
by the Department. At the public hearing, the Department shall
allow interested persons to present views and comments on the
petition. The hearings must be open to the public and recorded
by stenographic or mechanical means. The Department of Natural
Resources will make available on its website copies of all
comments received.
(e) The Department of Natural Resources shall issue an
order unitizing and integrating pore space under subsection
(b) within 60 days after the hearing upon a showing that:
(1) the petitioner has obtained a Class VI well permit
or, if the well permit application is still pending at
least one year from the date the petition has been filed,
that the petitioner has received a Finding of
Administrative Completeness from the United States
Environmental Protection Agency;
(2) the petitioner has made a good faith effort to
seek an agreement with all pore space owners located
within the proposed or permitted sequestration facility;
(3) the petitioner has obtained the rights from pore
space owners of at least 75% of the surface area above the
proposed sequestration facility; and
(4) all nonconsenting pore space owners have received
or will receive just compensation for use of the pore
space and use of the surface for Class VI well permit
required activities. Additionally, such compensation shall
be no less than the average total payment package,
considered as a whole with respect to an individual owner,
provided in agreements during the previous 365 days to
similarly situated consenting pore space owners. Such
compensation shall exclude any incentives, such as signing
bonuses, provided to consenting pore space owners prior to
the initiation of injection. Such compensation shall
include any operations term or injection term payments
made upon or after the initiation of injection provided to
consenting pore space owners in consideration of allowing
use of their pore space for sequestration of carbon
dioxide. In determining if pore space owners are similarly
situated, the Department of Natural Resources shall take
into account: the size, location, and proximity of the
pore space; the geologic characteristics of the pore
space; the restrictions on the use of the surface; the
actual use of the surface; the relevant law applicable at
the time the consenting pore space agreement was signed;
title defects and title warranties; the proximity of the
pore space owners' property to any carbon sequestration
infrastructure on the surface; whether the injection
interferes with any known mineral rights; and the fair
market value of pore space when entering into a commercial
contract. When evaluating the compensation provided to a
similarly situated pore space owner, the Department of
Natural Resources shall exclude any compensation provided
to a pore space owner of a property identified by the
applicant in paragraph (3) of subsection (b) and any
compensation that was not provided as part of an arm's
length transaction.
Unknown or nonlocatable pore space owners shall also
receive just compensation in the same manner as provided
to the other nonconsenting pore space owners that must be
held in a separate escrow account for 20 years for future
payment to the previously unknown or nonlocatable pore
space owner upon discovery of that owner. After 20 years,
the compensation shall be transferred to the State
Treasurer under the Revised Uniform Unclaimed Property
Act.
(f) The Department of Natural Resources' order for
unitization and integration of pore space under this Section
is not effective until the petitioner has been issued a Class
VI well permit from the United States Environmental Protection
Agency and the carbon sequestration permit from the Illinois
Environmental Protection Agency.
(g) An order for integration and unitization under this
Section shall: provide for the unitization of the pore space
identified in the petition; authorize the integration of pore
space of nonconsenting pore space owners in the pore space
identified; provide for who may unitize the pore space to
establish a sequestration facility to be permitted by the
Illinois Environmental Protection Agency; and make provision
for payment of just compensation to nonconsenting pore space
owner under the integration order.
(h) A petitioner shall provide a copy of any order for
unitization and integration of pore space to the Illinois
Environmental Protection Agency.
(i) If groundwater monitoring required by a Class VI
permit indicates that the source of drinking water has been
rendered unsafe to drink or to provide to livestock, the
sequestration operator shall provide an alternate supply of
potable drinking water within 24 hours of the monitoring
results becoming available and an alternate supply of water
that is safe for other uses necessary within 30 days of the
monitoring results becoming available. The alternate supplies
of both potable water and water that is safe for other uses
shall continue until additional monitoring by the
sequestration operator shows that the water is safe for
drinking and other uses.
(j) After an order for unitization and integration of pore
space is issued, the petitioner shall request that the
Department of Natural Resources issue separate orders
establishing the amount of just compensation to be provided to
each nonconsenting pore space owner. When submitting this
request, the petitioner shall provide information
demonstrating the good faith efforts taken to negotiate an
agreement with the nonconsenting pore space owner, including,
but not limited to, the number and extent of the petitioner's
contacts with the pore space owner, whether the petitioner
explained the compensation offer to the pore space owner,
whether the compensation offer was comparable to similarly
situated pore space owners, what efforts were made to address
the pore space owner's concerns, and the likelihood that
further negotiations would be successful. All orders requiring
the provision of just compensation shall be made after notice
and hearing in which the Department of Natural Resources shall
determine the appropriate amount of just compensation to be
provided to each nonconsenting pore space owner as described
in this Section. The Department shall adopt reasonable rules
governing such hearings as may be necessary. In such a
hearing, the burden shall be on the petitioner to prove the
appropriate amount of just compensation consistent with this
Section. Both the petitioner and the pore space owner shall be
permitted to provide testimony and evidence regarding the
appropriateness of the amount of just compensation proposed by
the sequestration operator. An order by the Department of
Natural Resources establishing the appropriate amount of just
compensation to be provided to a nonconsenting pore space
owner shall be a final agency decision subject to judicial
review under the Administrative Review Law. Such proceedings
for judicial review may be commenced in the circuit court of
the county in which any part of the pore space is situated. The
Department of Natural Resources shall not be required to
certify any record to the court or file any answer in court or
otherwise appear in any court in a judicial review proceeding,
unless there is filed in the court with the complaint a receipt
from the Department of Natural Resources acknowledging payment
of the costs of furnishing and certifying the record. Failure
on the part of the plaintiff to file such receipt in court
shall be grounds for dismissal of the action.
Section 20. Surface access for pore space owners.
(a) If a sequestration operator must enter upon the
surface property of an affected pore space owner to comply
with Class VI well permit requirements or carbon sequestration
activity permit requirements for the purposes of monitoring a
sequestration facility or to respond to an emergency causing
immediate risk to human health, environmental resources, or
infrastructure, the sequestration operator must undertake such
activities in such a way as to minimize the impact to the
surface of the parcel of property and to ensure that the
following requirements are met:
(1) The required actions under the Class VI well
permit or carbon sequestration activity permit shall be
limited to surface monitoring activities, such as
geophysical surveys, but does not include the installation
of surface infrastructure except as provided in paragraphs
(2) and (3).
(2) Shallow groundwater monitoring wells shall be
allowed to be installed on such property only if the
carbon dioxide plume may have unexpectedly migrated and
the United States Environmental Protection Agency or the
Illinois Environmental Protection Agency requires
monitoring of groundwater for potential carbon dioxide
impact.
(3) Injection wells, deep monitoring wells, and
surface infrastructure other than shallow groundwater
monitoring wells as allowed by paragraph (2) will not be
located on the parcel of property of an affected pore
space owner without the express written consent of such
owner.
(b) Except in an emergency causing immediate risk to human
health, environmental resources, or infrastructure, a
sequestration operator shall not enter upon the surface
property for purposes of undertaking required activities under
a Class VI well permit or carbon sequestration permit of any
affected pore space owner until 30 days after providing
written notice to the affected pore space owner by registered
mail and after providing a second notice to the pore space
owner of record, as identified in the records of the relevant
county tax assessor, by telephone or email or by registered
mail in the event the property owner has not been notified by
other means, at least 3 days, but not more than 15 days, prior
to the stated date in the notice, identifying the date when
access will first begin on the owner's property and informing
the affected pore space owner that the owner or the owner's
agent may be present when the access occurs.
Section 25. Compensation for damages to the surface.
(a) An affected pore space owner is entitled to reasonable
compensation from the sequestration operator for damages
resulting from surface access to the affected pore space
owner's property for required activities taken under a Class
VI well permit or carbon sequestration activity permit,
including:
(1) compensation for damage to growing crops, trees,
shrubs, fences, roads, structures, improvements, personal
property, and livestock thereon and compensation for the
loss of the value of a commercial crop impacted by
required activities taken by a sequestration operator
under a Class VI well permit or carbon sequestration
activity permit; the value of the crop shall be calculated
based on local market price by:
(A) determining the average per acre yield for the
same crop on comparable adjacent acreage;
(B) determining the price received for the sale of
the same crop on comparable adjacent acreage;
(C) determining the acreage of the area impacted
by Class VI well permit activities and applying the
determined price; and
(D) the initial determination of the value of the
crop shall be determined by the affected pore space
owner and submitted to the sequestration operator;
(2) compensation to return the surface estate,
including soil conservation practices, such as terraces,
grassed waterways, and other conservation practices, to a
condition as near as practicable to the condition of the
surface prior to accessing the property;
(3) compensation for damage to the productive
capability of the soil resulting from compaction or
rutting, including, but not limited to, compensation for
when a sequestration operator accesses a property where
excessively wet soil conditions would not allow normal
farming operations due to increased risk of soil erosion,
rutting, or compaction; if there is a dispute between the
sequestration operator and the affected pore space owner
regarding the value of the damage to the productive
capability of the soil, the sequestration operator shall
consult with a representative of the soil and water
conservation district in the respective county where the
parcel of property is located for recommendations to
restore the productive capability of the soil; and
(4) compensation for damage to surface and subsurface
drainage, including, but not limited to:
(A) compensation in that the sequestration
operator shall perform immediate and temporary repairs
for damage that occurs to subsurface drainage tiles
that have water actively flowing through them at the
time of damage; and
(B) compensation such that the sequestration
operator shall compensate the affected pore space
owner to permanently restore drainage to a condition
as near as practicable to the condition of the
drainage prior to accessing the property.
(b) The compensation for damages required by subsection
(a) shall be paid in any manner mutually agreed upon by the
sequestration operator and the affected pore space owners.
Unless otherwise agreed, the sequestration operator shall
tender to the surface owner payment by check or draft in
accordance with this Section 45 no later than 60 days after
completing the required activities under a Class VI well
permit or carbon sequestration permit if the occurrence or
value of damages is not disputed. The pore space owner's
remedy for unpaid or disputed compensation shall be an action
for damages in any court of competent jurisdiction for the
parcel of property or the greater part thereof on which the
activities were conducted and shall be entitled to recover
reasonable damages and attorney's fees if the pore space owner
prevails.
Section 30. Additional landowner rights.
(a) Any carbon dioxide injection well or deep monitoring
well authorized by the United States Environmental Protection
Agency through a valid UIC Class VI permit must adhere to the
new well set back requirements of 62 Ill. Adm. Code
240.410(f).
(b) If there is a significant leak of carbon dioxide from
an injection well, monitoring well, or other point on the
surface, which is associated with carbon sequestration
activity, all landowners shall be entitled to medical
monitoring of a scope and duration to be determined by the
Department of Public Health at the expense of the carbon
dioxide sequestration facility operator.
(c) Prior to the commencement of carbon dioxide injection,
the sequestration operator shall inform, via certified mail,
each property owner overlying the carbon sequestration
facility of the opportunity to request from the sequestration
operator an accurate, well-functioning carbon dioxide monitor,
which the sequestration operator shall provide to the property
owner within 30 days of receiving a written request.
(d) If monitoring conducted pursuant to United States
Environmental Protection Agency or Illinois Environmental
Protection Agency requirements shows that carbon dioxide has
migrated into the pore space of a pore space owner not
previously included within an application or order integrating
pore space, the sequestration operator shall, within 14 days,
notify that pore space owner of the migration and of the
opportunity to petition the Department of Natural Resources
for inclusion in the integrated area. If the pore space owner
submits such a petition, the sequestration operator shall
provide to the Department of Natural Resources, for its
consideration of the petition, the monitoring information
showing the migration of the carbon dioxide into the pore
space of the pore space owner at issue. The Department of
Natural Resources shall grant such a petition if it determines
that stored carbon dioxide from a permitted sequestration
facility is physically present in the pore space owned by the
pore space owner. If the Department of Natural Resources
grants the petition for inclusion in the integrated area and
the pore space owner has not entered into an agreement with the
sequestration operator for use of the pore space, the pore
space owner shall be considered a nonconsenting pore space
owner entitled to just compensation.
Section 35. The Illinois Emergency Management Agency Act
is amended by changing Section 5 as follows:
(20 ILCS 3305/5) (from Ch. 127, par. 1055)
Sec. 5. Illinois Emergency Management Agency.
(a) There is created within the executive branch of the
State Government an Illinois Emergency Management Agency and a
Director of the Illinois Emergency Management Agency, herein
called the "Director" who shall be the head thereof. The
Director shall be appointed by the Governor, with the advice
and consent of the Senate, and shall serve for a term of 2
years beginning on the third Monday in January of the
odd-numbered year, and until a successor is appointed and has
qualified; except that the term of the first Director
appointed under this Act shall expire on the third Monday in
January, 1989. The Director shall not hold any other
remunerative public office. For terms beginning after January
18, 2019 (the effective date of Public Act 100-1179) and
before January 16, 2023, the annual salary of the Director
shall be as provided in Section 5-300 of the Civil
Administrative Code of Illinois. Notwithstanding any other
provision of law, for terms beginning on or after January 16,
2023, the Director shall receive an annual salary of $180,000
or as set by the Governor, whichever is higher. On July 1,
2023, and on each July 1 thereafter, the Director shall
receive an increase in salary based on a cost of living
adjustment as authorized by Senate Joint Resolution 192 of the
86th General Assembly.
For terms beginning on or after January 16, 2023, the
Assistant Director of the Illinois Emergency Management Agency
shall receive an annual salary of $156,600 or as set by the
Governor, whichever is higher. On July 1, 2023, and on each
July 1 thereafter, the Assistant Director shall receive an
increase in salary based on a cost of living adjustment as
authorized by Senate Joint Resolution 192 of the 86th General
Assembly.
(b) The Illinois Emergency Management Agency shall obtain,
under the provisions of the Personnel Code, technical,
clerical, stenographic and other administrative personnel, and
may make expenditures within the appropriation therefor as may
be necessary to carry out the purpose of this Act. The agency
created by this Act is intended to be a successor to the agency
created under the Illinois Emergency Services and Disaster
Agency Act of 1975 and the personnel, equipment, records, and
appropriations of that agency are transferred to the successor
agency as of June 30, 1988 (the effective date of this Act).
(c) The Director, subject to the direction and control of
the Governor, shall be the executive head of the Illinois
Emergency Management Agency and the State Emergency Response
Commission and shall be responsible under the direction of the
Governor, for carrying out the program for emergency
management of this State. The Director shall also maintain
liaison and cooperate with the emergency management
organizations of this State and other states and of the
federal government.
(d) The Illinois Emergency Management Agency shall take an
integral part in the development and revision of political
subdivision emergency operations plans prepared under
paragraph (f) of Section 10. To this end it shall employ or
otherwise secure the services of professional and technical
personnel capable of providing expert assistance to the
emergency services and disaster agencies. These personnel
shall consult with emergency services and disaster agencies on
a regular basis and shall make field examinations of the
areas, circumstances, and conditions that particular political
subdivision emergency operations plans are intended to apply.
(e) The Illinois Emergency Management Agency and political
subdivisions shall be encouraged to form an emergency
management advisory committee composed of private and public
personnel representing the emergency management phases of
mitigation, preparedness, response, and recovery. The Local
Emergency Planning Committee, as created under the Illinois
Emergency Planning and Community Right to Know Act, shall
serve as an advisory committee to the emergency services and
disaster agency or agencies serving within the boundaries of
that Local Emergency Planning Committee planning district for:
(1) the development of emergency operations plan
provisions for hazardous chemical emergencies; and
(2) the assessment of emergency response capabilities
related to hazardous chemical emergencies.
(f) The Illinois Emergency Management Agency shall:
(1) Coordinate the overall emergency management
program of the State.
(2) Cooperate with local governments, the federal
government, and any public or private agency or entity in
achieving any purpose of this Act and in implementing
emergency management programs for mitigation,
preparedness, response, and recovery.
(2.5) Develop a comprehensive emergency preparedness
and response plan for any nuclear accident in accordance
with Section 65 of the Nuclear Safety Law of 2004 and in
development of the Illinois Nuclear Safety Preparedness
program in accordance with Section 8 of the Illinois
Nuclear Safety Preparedness Act.
(2.6) Coordinate with the Department of Public Health
with respect to planning for and responding to public
health emergencies.
(3) Prepare, for issuance by the Governor, executive
orders, proclamations, and regulations as necessary or
appropriate in coping with disasters.
(4) Promulgate rules and requirements for political
subdivision emergency operations plans that are not
inconsistent with and are at least as stringent as
applicable federal laws and regulations.
(5) Review and approve, in accordance with Illinois
Emergency Management Agency rules, emergency operations
plans for those political subdivisions required to have an
emergency services and disaster agency pursuant to this
Act.
(5.5) Promulgate rules and requirements for the
political subdivision emergency management exercises,
including, but not limited to, exercises of the emergency
operations plans.
(5.10) Review, evaluate, and approve, in accordance
with Illinois Emergency Management Agency rules, political
subdivision emergency management exercises for those
political subdivisions required to have an emergency
services and disaster agency pursuant to this Act.
(6) Determine requirements of the State and its
political subdivisions for food, clothing, and other
necessities in event of a disaster.
(7) Establish a register of persons with types of
emergency management training and skills in mitigation,
preparedness, response, and recovery.
(8) Establish a register of government and private
response resources available for use in a disaster.
(9) Expand the Earthquake Awareness Program and its
efforts to distribute earthquake preparedness materials to
schools, political subdivisions, community groups, civic
organizations, and the media. Emphasis will be placed on
those areas of the State most at risk from an earthquake.
Maintain the list of all school districts, hospitals,
airports, power plants, including nuclear power plants,
lakes, dams, emergency response facilities of all types,
and all other major public or private structures which are
at the greatest risk of damage from earthquakes under
circumstances where the damage would cause subsequent harm
to the surrounding communities and residents.
(10) Disseminate all information, completely and
without delay, on water levels for rivers and streams and
any other data pertaining to potential flooding supplied
by the Division of Water Resources within the Department
of Natural Resources to all political subdivisions to the
maximum extent possible.
(11) Develop agreements, if feasible, with medical
supply and equipment firms to supply resources as are
necessary to respond to an earthquake or any other
disaster as defined in this Act. These resources will be
made available upon notifying the vendor of the disaster.
Payment for the resources will be in accordance with
Section 7 of this Act. The Illinois Department of Public
Health shall determine which resources will be required
and requested.
(11.5) In coordination with the Illinois State Police,
develop and implement a community outreach program to
promote awareness among the State's parents and children
of child abduction prevention and response.
(12) Out of funds appropriated for these purposes,
award capital and non-capital grants to Illinois hospitals
or health care facilities located outside of a city with a
population in excess of 1,000,000 to be used for purposes
that include, but are not limited to, preparing to respond
to mass casualties and disasters, maintaining and
improving patient safety and quality of care, and
protecting the confidentiality of patient information. No
single grant for a capital expenditure shall exceed
$300,000. No single grant for a non-capital expenditure
shall exceed $100,000. In awarding such grants, preference
shall be given to hospitals that serve a significant
number of Medicaid recipients, but do not qualify for
disproportionate share hospital adjustment payments under
the Illinois Public Aid Code. To receive such a grant, a
hospital or health care facility must provide funding of
at least 50% of the cost of the project for which the grant
is being requested. In awarding such grants the Illinois
Emergency Management Agency shall consider the
recommendations of the Illinois Hospital Association.
(13) Do all other things necessary, incidental or
appropriate for the implementation of this Act.
(g) The Illinois Emergency Management Agency is authorized
to make grants to various higher education institutions,
public K-12 school districts, area vocational centers as
designated by the State Board of Education, inter-district
special education cooperatives, regional safe schools, and
nonpublic K-12 schools for safety and security improvements.
For the purpose of this subsection (g), "higher education
institution" means a public university, a public community
college, or an independent, not-for-profit or for-profit
higher education institution located in this State. Grants
made under this subsection (g) shall be paid out of moneys
appropriated for that purpose from the Build Illinois Bond
Fund. The Illinois Emergency Management Agency shall adopt
rules to implement this subsection (g). These rules may
specify: (i) the manner of applying for grants; (ii) project
eligibility requirements; (iii) restrictions on the use of
grant moneys; (iv) the manner in which the various higher
education institutions must account for the use of grant
moneys; and (v) any other provision that the Illinois
Emergency Management Agency determines to be necessary or
useful for the administration of this subsection (g).
(g-5) The Illinois Emergency Management Agency is
authorized to make grants to not-for-profit organizations
which are exempt from federal income taxation under section
501(c)(3) of the Federal Internal Revenue Code for eligible
security improvements that assist the organization in
preventing, preparing for, or responding to threats, attacks,
or acts of terrorism. To be eligible for a grant under the
program, the Agency must determine that the organization is at
a high risk of being subject to threats, attacks, or acts of
terrorism based on the organization's profile, ideology,
mission, or beliefs. Eligible security improvements shall
include all eligible preparedness activities under the federal
Nonprofit Security Grant Program, including, but not limited
to, physical security upgrades, security training exercises,
preparedness training exercises, contracting with security
personnel, and any other security upgrades deemed eligible by
the Director. Eligible security improvements shall not
duplicate, in part or in whole, a project included under any
awarded federal grant or in a pending federal application. The
Director shall establish procedures and forms by which
applicants may apply for a grant and procedures for
distributing grants to recipients. Any security improvements
awarded shall remain at the physical property listed in the
grant application, unless authorized by Agency rule or
approved by the Agency in writing. The procedures shall
require each applicant to do the following:
(1) identify and substantiate prior or current
threats, attacks, or acts of terrorism against the
not-for-profit organization;
(2) indicate the symbolic or strategic value of one or
more sites that renders the site a possible target of a
threat, attack, or act of terrorism;
(3) discuss potential consequences to the organization
if the site is damaged, destroyed, or disrupted by a
threat, attack, or act of terrorism;
(4) describe how the grant will be used to integrate
organizational preparedness with broader State and local
preparedness efforts, as described by the Agency in each
Notice of Opportunity for Funding;
(5) submit (i) a vulnerability assessment conducted by
experienced security, law enforcement, or military
personnel, or conducted using an Agency-approved or
federal Nonprofit Security Grant Program self-assessment
tool, and (ii) a description of how the grant award will be
used to address the vulnerabilities identified in the
assessment; and
(6) submit any other relevant information as may be
required by the Director.
The Agency is authorized to use funds appropriated for the
grant program described in this subsection (g-5) to administer
the program. Any Agency Notice of Opportunity for Funding,
proposed or final rulemaking, guidance, training opportunity,
or other resource related to the grant program must be
published on the Agency's publicly available website, and any
announcements related to funding shall be shared with all
State legislative offices, the Governor's office, emergency
services and disaster agencies mandated or required pursuant
to subsections (b) through (d) of Section 10, and any other
State agencies as determined by the Agency. Subject to
appropriation, the grant application period shall be open for
no less than 45 calendar days during the first application
cycle each fiscal year, unless the Agency determines that a
shorter period is necessary to avoid conflicts with the annual
federal Nonprofit Security Grant Program funding cycle.
Additional application cycles may be conducted during the same
fiscal year, subject to availability of funds. Upon request,
Agency staff shall provide reasonable assistance to any
applicant in completing a grant application or meeting a
post-award requirement.
(h) Except as provided in Section 17.5 of this Act, any
moneys received by the Agency from donations or sponsorships
unrelated to a disaster shall be deposited in the Emergency
Planning and Training Fund and used by the Agency, subject to
appropriation, to effectuate planning and training activities.
Any moneys received by the Agency from donations during a
disaster and intended for disaster response or recovery shall
be deposited into the Disaster Response and Recovery Fund and
used for disaster response and recovery pursuant to the
Disaster Relief Act.
(i) The Illinois Emergency Management Agency may by rule
assess and collect reasonable fees for attendance at
Agency-sponsored conferences to enable the Agency to carry out
the requirements of this Act. Any moneys received under this
subsection shall be deposited in the Emergency Planning and
Training Fund and used by the Agency, subject to
appropriation, for planning and training activities.
(j) The Illinois Emergency Management Agency is authorized
to make grants to other State agencies, public universities,
units of local government, and statewide mutual aid
organizations to enhance statewide emergency preparedness and
response.
(k) Subject to appropriation from the Emergency Planning
and Training Fund, the Illinois Emergency Management Agency
and Office of Homeland Security shall obtain training services
and support for local emergency services and support for local
emergency services and disaster agencies for training,
exercises, and equipment related to carbon dioxide pipelines
and sequestration, and, subject to the availability of
funding, shall provide $5,000 per year to the Illinois Fire
Service Institute for first responder training required under
Section 4-615 of the Public Utilities Act. Amounts in the
Emergency Planning and Training Fund will be used by the
Illinois Emergency Management Agency and Office of Homeland
Security for administrative costs incurred in carrying out the
requirements of this subsection. To carry out the purposes of
this subsection, the Illinois Emergency Management Agency and
Office of Homeland Security may accept moneys from all
authorized sources into the Emergency Planning and Training
Fund, including, but not limited to, transfers from the Carbon
Dioxide Sequestration Administrative Fund and the Public
Utility Fund.
(Source: P.A. 102-16, eff. 6-17-21; 102-538, eff. 8-20-21;
102-813, eff. 5-13-22; 102-1115, eff. 1-9-23; 103-418, eff.
1-1-24.)
Section 40. The State Finance Act is amended by adding
Sections 5.1015, 5.1016, and 5.1017 as follows:
(30 ILCS 105/5.1015 new)
Sec. 5.1015. The Carbon Dioxide Sequestration
Administrative Fund.
(30 ILCS 105/5.1016 new)
Sec. 5.1016. The Environmental Justice Grant Fund.
(30 ILCS 105/5.1017 new)
Sec. 5.1017. The Water Resources Fund.
Section 45. The Public Utilities Act is amended by
changing Section 8-509 and by adding Sections 3-127, 4-615,
and 15-103 as follows:
(220 ILCS 5/3-127 new)
Sec. 3-127. Carbon dioxide pipeline. "Carbon dioxide
pipeline" has the same meaning given to that term in Section 10
of the Carbon Dioxide Transportation and Sequestration Act.
(220 ILCS 5/4-615 new)
Sec. 4-615. Training for carbon dioxide emergencies.
(a) Prior to any pipeline for the transportation of carbon
dioxide becoming operational, the Illinois Fire Service
Institute, in coordination with the Office of the State Fire
Marshal, an EMS System, the Department of Public Health, and
the Illinois Emergency Management Agency and Office of
Homeland Security, shall develop and offer at least one course
for first responders who respond when carbon dioxide is
released from a pipeline or a sequestration facility. At a
minimum, the course shall cover:
(1) how to identify a carbon dioxide release;
(2) communications procedures to quickly share
information about a carbon dioxide release, including
alarms, sirens, text message alerts, and other means of
alerting the public;
(3) procedures for locating residents and others in
the affected area and, when necessary, transporting
residents and others in the affected area out of the area
to health care facilities; and
(4) signs and symptoms of exposure to a carbon dioxide
release.
(b) Each year thereafter, the Illinois Fire Service
Institute, in coordination with the Office of the State Fire
Marshal, an EMS System and the Department of Public Health,
shall offer a training session at the Illinois Fire Service
Institute's Regions for Training Delivery on emergency
response procedures during carbon dioxide releases. These
trainings shall be available to first responders in the State
with priority participation given to counties in which carbon
dioxide is proposed to be or is transported or sequestered.
(c) Prior to a carbon dioxide pipeline becoming
operational, the owner or operator of the pipeline shall
develop, in coordination with the Illinois Emergency
Management Agency and Office of Homeland Security and
Department of Public Health, emergency preparedness materials
for residents and local businesses in the counties within 2
miles of where the owner or operator is transporting or
sequestering carbon dioxide. At a minimum, these materials
shall include:
(1) what to do in the event of a carbon dioxide
release;
(2) symptoms of exposure to a carbon dioxide release;
and
(3) recommendations for items residents and local
businesses may want to acquire, including, but not limited
to, carbon dioxide monitors and air supply respirators.
The Illinois Emergency Management Agency and Office of
Homeland Security and the Department of Public Health shall
publish this information on their websites and provide these
materials to local emergency management agencies and local
public health departments in relevant counties.
(d) For each carbon dioxide pipeline, the owner or
operator of the pipeline shall use modeling that can handle
non-flat terrain; obstacles, such as vegetation and buildings;
time or spatial variations in wind, including direction and
speed; ambient weather conditions, such as temperature and
humidity; variations to the direction of release of CO2; and
concentrations and durations of CO2, in addition to the
specifics related to the pipeline design, including, but not
limited to, diameter, thickness, and shutoff valves, to
develop a risk-based assessment and a chemical safety
contingency plan. The Illinois Emergency Management Agency and
Office of Homeland Security shall publish this information on
its website and provide these materials to local emergency
management agencies in relevant counties.
(e) Each year, the owner or operator of a pipeline, in
coordination with Department of Public Health and local
emergency response personnel, shall offer at least 2 public
training sessions for residents and local businesses in every
county in which carbon dioxide is transported or sequestered.
These trainings shall be offered in person and virtually. Each
training shall be recorded and provided to Illinois Emergency
Management Agency and Office of Homeland Security and the
Department of Public Health to maintain a copy on their
websites, as appropriate, with the emergency preparedness
materials identified in subsection (c).
(f) Each year, the owner or operator of the pipeline shall
develop, in coordination with the Department of Public Health,
and offer a training session for medical personnel in each
county along the pipeline route, including staff in hospitals
and emergency rooms, health clinics, and other health care
facilities. These trainings shall be offered in person and
virtually and be approved by the Department of Public Health.
Each training shall be recorded and provided to the Department
of Public Health to maintain a copy on its website, as
appropriate, and distribute to staff in hospitals and
emergency rooms, health clinics, and other health care
facilities.
(g) At least every 5 years, the Illinois Fire Service
Institute shall review and, if appropriate, revise or add
trainings developed under this Section to incorporate new best
practices, technologies, developments, or information that
improves emergency response and treatment for carbon dioxide
releases.
(h) At least every 5 years, the owner or operator, in
coordination with local emergency response personnel, the
Illinois Emergency Management Agency and Office of Homeland
Security, and the Department of Public Health, shall review
and, if appropriate, update emergency preparedness materials
and trainings for residents and local businesses identified in
subsections (c) and (d) to incorporate new best practices,
technologies, developments, or information that may assist
local residents and businesses to be prepared if a carbon
dioxide release occurs.
(220 ILCS 5/8-509) (from Ch. 111 2/3, par. 8-509)
Sec. 8-509. When necessary for the construction of any
alterations, additions, extensions or improvements ordered or
authorized under Section 8-406.1 or 8-503 of this Act, any
public utility may enter upon, take or damage private property
in the manner provided for by the law of eminent domain. If a
public utility seeks relief under this Section in the same
proceeding in which it seeks a certificate of public
convenience and necessity under Section 8-406.1 of this Act,
the Commission shall enter its order under this Section either
as part of the Section 8-406.1 order or at the same time it
enters the Section 8-406.1 order. If a public utility seeks
relief under this Section after the Commission enters its
order in the Section 8-406.1 proceeding, the Commission shall
issue its order under this Section within 45 days after the
utility files its petition under this Section.
This Section applies to the exercise of eminent domain
powers by telephone companies or telecommunications carriers
only when the facilities to be constructed are intended to be
used in whole or in part for providing one or more intrastate
telecommunications services classified as "noncompetitive"
under Section 13-502 in a tariff filed by the condemnor. The
exercise of eminent domain powers by telephone companies or
telecommunications carriers in all other cases shall be
governed solely by "An Act relating to the powers, duties and
property of telephone companies", approved May 16, 1903, as
now or hereafter amended.
This Section applies to the exercise of eminent domain
powers by an owner or operator of a pipeline designed,
constructed, and operated to transport carbon dioxide to which
the Commission has granted a certificate under Section 20 of
the Carbon Dioxide Transportation and Sequestration Act and
may seek eminent domain authority from the Commission under
this Section. If the applicant of such a certificate of
authority for a new carbon dioxide pipeline seeks relief under
this Section in the same proceeding in which it seeks a
certificate of authority for a new carbon dioxide pipeline
under Section 20 of the Carbon Dioxide Transportation and
Sequestration Act, the Commission shall enter its order under
this Section either as part of or at the same time as its order
under the Carbon Dioxide Transportation and Sequestration Act.
Notwithstanding anything to the contrary in this Section, the
owner or operator of such a pipeline shall not be considered to
be a public utility for any other provisions of this Act.
(Source: P.A. 100-840, eff. 8-13-18.)
(220 ILCS 5/15-103 new)
Sec. 15-103. Application of carbon dioxide pipelines. This
Article does not apply to a new carbon dioxide pipeline as
defined in Section 10 of the Carbon Dioxide Transportation and
Sequestration Act.
Section 50. The Carbon Dioxide Transportation and
Sequestration Act is amended by changing Sections 5, 10, 15,
and 20 and by adding Sections 35 and 40 as follows:
(220 ILCS 75/5)
Sec. 5. Legislative purpose. Pipeline transportation of
carbon dioxide for sequestration, enhanced oil recovery, and
other carbon management purposes other than enhanced oil
recovery is declared to be a public use and service, in the
public interest, and a benefit to the welfare of Illinois and
the people of Illinois because pipeline transportation is
necessary for sequestration, enhanced oil recovery, or other
carbon management purposes other than enhanced oil recovery
and thus is an essential component to compliance with required
or voluntary plans to reduce carbon dioxide emissions from
"clean coal" facilities and other sources. Carbon dioxide
pipelines are critical to the promotion and use of Illinois
coal and also advance economic development, environmental
protection, and energy security in the State.
(Source: P.A. 97-534, eff. 8-23-11.)
(220 ILCS 75/10)
Sec. 10. Definitions. As used in this Act:
"Carbon dioxide pipeline" or "pipeline" means the in-state
portion of a pipeline, including appurtenant facilities,
property rights, and easements, that are used exclusively for
the purpose of transporting carbon dioxide to a point of sale,
storage, enhanced oil recovery, or other carbon management
application. "Carbon dioxide pipeline" or "pipeline" does not
include the portion of pipelines sold or used for enhanced oil
recovery in this State.
"Clean coal facility" has the meaning ascribed to that
term in Section 1-10 of the Illinois Power Agency Act.
"Clean coal SNG facility" has the meaning ascribed to that
term in Section 1-10 of the Illinois Power Agency Act.
"Commission" means the Illinois Commerce Commission.
"Legacy carbon dioxide pipeline" includes any carbon
dioxide pipeline constructed before July 1, 2024 that is less
than one mile in length, is located on property entirely owned
by the pipeline operator, and is used to transport carbon
dioxide to an injection well.
"New carbon dioxide pipeline" means any carbon dioxide
pipeline constructed after July 1, 2024.
"Sequester" has the meaning ascribed to that term in
Section 1-10 of the Illinois Power Agency Act. "Sequester"
does not include the sale or use of carbon dioxide for enhanced
oil recovery in Illinois.
"Transportation" means the physical movement of carbon
dioxide by pipeline conducted for a person's own use or
account or the use or account of another person or persons.
(Source: P.A. 97-534, eff. 8-23-11.)
(220 ILCS 75/15)
Sec. 15. Scope. This Act applies to the application
process for the issuance of a certificate of authority by an
owner or operator of a pipeline designed, constructed, and
operated to transport and to sequester carbon dioxide produced
by a clean coal facility, by a clean coal SNG facility, or by
any other source that will result in the reduction of carbon
dioxide emissions from that source.
(Source: P.A. 97-534, eff. 8-23-11.)
(220 ILCS 75/20)
Sec. 20. Application.
(a) No person or entity may construct, operate, or repair
a carbon dioxide pipeline unless the person or entity
possesses a certificate of authority. Nothing in this Act
requires a legacy carbon dioxide pipeline to obtain a
certificate of authority.
(b) The Commission, after a hearing, may grant an
application for a certificate of authority authorizing the
construction and operation of a carbon dioxide pipeline if it
makes a specific written finding as to each of the following:
(1) the application was properly filed;
(2) the applicant is fit, willing, and able to
construct and operate the pipeline in compliance with this
Act and with Commission regulations and orders of the
Commission or any applicable federal agencies;
(3) the applicant has entered into one or more
agreements an agreement with a clean coal facility, a
clean coal SNG facility, or any other source or sources
that will result in the reduction of carbon dioxide
emissions from that source or sources and the applicant
has filed such agreement or agreements as part of its
application;
(4) the applicant has filed with the Pipeline and
Hazardous Materials Safety Administration of the U.S.
Department of Transportation all forms required by that
agency in advance of constructing a carbon dioxide
pipeline;
(5) the applicant has filed with the U.S. Army Corps
of Engineers all applications for permits required by that
agency in advance of constructing a carbon dioxide
pipeline;
(6) the applicant has entered into an agreement with
the Illinois Department of Agriculture that governs the
mitigation of agricultural impacts associated with the
construction of the proposed pipeline;
(6.1) the applicant has applied for any and all other
federal permits necessary to construct and operate a
carbon dioxide pipeline;
(6.2) the applicant has held at least 2 prefiling
public meetings to receive public comment concerning the
proposed carbon dioxide pipeline in each county where the
pipeline is to be located, no earlier than 6 months prior
to the filing of the application. Notice of the public
meeting shall be published in a newspaper of general
circulation within the affected county once a week for 3
consecutive weeks, beginning no earlier than one month
prior to the first public meeting. Notice of each public
meeting, including a description of the carbon dioxide
pipeline, must be provided in writing to the clerk of each
county where the project is to be located and to the chief
clerk of the Commission. A representative of the
Commission shall be invited to each prefiling public
meeting. The applicant shall maintain a dedicated public
website which provides details regarding the proposed
route of the pipeline, plans for construction, status of
the application, and the manner in which members of the
public may offer their opinions regarding the pipeline;
(6.3) the applicant has directly contacted the owner
of each parcel of land located within 2 miles of the
proposed pipeline route by certified mail, or made good
faith efforts if the owner of record cannot be located,
advising them of the proposed pipeline route and of the
date and time of each public meeting to be held in the
county in which each landowner's property is located;
(6.4) the applicant has prepared and submitted a
detailed emergency operations plan, which addresses at a
minimum, emergency operations plan requirements adopted by
the Illinois Emergency Management Agency and Office of
Homeland Security under paragraph (4) of subsection (f) of
Section 5 of the Illinois Emergency Management Agency Act.
The submitted emergency operations plan shall also provide
for post-emergency analysis and controller actions. In
addition, the applicant shall demonstrate that it has
communicated with the county emergency services and
disaster agency (ESDA), or other relevant mandated ESDA,
to coordinate its emergency operations plan for the
pipeline with the county ESDA's, or other relevant
mandated ESDA's, emergency operations plan;
(7) the applicant possesses the financial, managerial,
legal, and technical qualifications necessary to construct
and operate the proposed carbon dioxide pipeline; and
(8) the proposed pipeline is consistent with the
public interest, public benefit, and legislative purpose
as set forth in this Act. In addition to any other evidence
the Commission may consider on this specific finding, the
Commission shall consider the following:
(A) any evidence of the effect of the pipeline
upon the economy, infrastructure, and public safety
presented by local governmental units that will be
affected by the proposed pipeline route;
(B) any evidence of the effect of the pipeline
upon property values presented by property owners who
will be affected by the proposed pipeline or facility,
provided that the Commission need not hear evidence as
to the actual valuation of property such as that as
would be presented to and determined by the courts
under the Eminent Domain Act;
(C) any evidence presented by the Department of
Commerce and Economic Opportunity regarding the
current and future local, State-wide, or regional
economic effect, direct or indirect, of the proposed
pipeline or facility including, but not limited to,
ability of the State to attract economic growth, meet
future energy requirements, and ensure compliance with
environmental requirements and goals;
(D) any evidence addressing the factors described
in items (1) through (8) of this subsection (b) or
other relevant factors that is presented by any other
State agency, unit of local government, the applicant,
a party, or other entity that participates in the
proceeding, including evidence presented by the
Commission's staff; and
(E) any evidence presented by any State or federal
governmental entity as to how the proposed pipeline
will affect the security, stability, and reliability
of public infrastructure energy.
In its written order, the Commission shall address all of
the evidence presented, and if the order is contrary to any of
the evidence, the Commission shall state the reasons for its
determination with regard to that evidence.
(c) When an applicant files its application for a
certificate of authority with the Commission, it shall provide
notice to each unit of local government where the proposed
pipeline will be located and include a map of the proposed
pipeline route. The applicant shall also publish notice in a
newspaper of general circulation in each county where the
proposed pipeline is located.
(d) An application for a certificate of authority filed
pursuant to this Section shall request either that the
Commission review and approve a specific route for a carbon
dioxide pipeline, or that the Commission review and approve a
project route width that identifies the areas in which the
pipeline would be located, with such width ranging from the
minimum width required for a pipeline right-of-way up to 200
feet in width. A map of the route or route width shall be
included in the application. The purpose for allowing the
option of review and approval of a project route width is to
provide increased flexibility during the construction process
to accommodate specific landowner requests, avoid
environmentally sensitive areas, or address special
environmental permitting requirements.
(e) The Commission's rules shall ensure that notice of an
application for a certificate of authority is provided within
30 days after filing to the landowners along a proposed
project route, or to the potentially affected landowners
within a proposed project route width, using the notification
procedures set forth in the Commission's rules. If the
Commission grants approval of a project route width as opposed
to a specific project route, then the applicant must, as it
finalizes the actual pipeline alignment within the project
route width, file its final list of affected landowners with
the Commission at least 14 days in advance of beginning
construction on any tract within the project route width and
also provide the Commission with at least 14 days' notice
before filing a complaint for eminent domain in the circuit
court with regard to any tract within the project route width.
(f) If an applicant has obtained all necessary federal
licenses, permits, and authority necessary to construct and
operate a carbon dioxide pipeline before it files an
application pursuant to this Section, then the The Commission
shall make its determination on any application for a
certificate of authority filed pursuant to this Section and
issue its final order within 11 months after the date that the
application is filed. The Commission's failure to act within
this time period shall not be deemed an approval or denial of
the application.
(g) A final order of the Commission granting a certificate
of authority pursuant to this Act shall be conditioned upon
the applicant obtaining all required permits or approvals from
the Pipeline and Hazardous Materials Safety Administration of
the U.S. Department of Transportation, U.S. Army Corps of
Engineers, and Illinois Department of Agriculture, in addition
to all other permits and approvals necessary for the
construction and operation of the pipeline prior to the start
of any construction. The final order must specifically
prohibit the start of any construction until all such permits
and approvals have been obtained. The Commission shall not
issue any certificate of authority under this Act until (i)
the Pipeline and Hazardous Materials Safety Administration has
adopted final revisions to its pipeline safety rules intended
to enhance the safe transportation of carbon dioxide by
pipelines to accommodate an anticipated increase in the number
of carbon dioxide pipelines and volume of carbon dioxide
transported in the proposed rulemaking designated Regulatory
Information Number 2137-AF60, and (ii) the Commission has
verified that the submitted application complies with those
finalized rules. If, after July 1, 2026, the Pipeline and
Hazardous Materials Safety Administration has not adopted
final revisions to its pipeline safety rules under the
proposed rulemaking designated Regulatory Information Number
2137-AF60, the Commission may only approve a certificate of
authority under this Section if it finds that the applicant
has met all of the requirements of this Act, has already
acquired all of its other necessary approvals, and is
compliant with any requirements or conditions adopted by the
Commission subsection (g-5).
(g-5) In granting a certificate under this Act, the
Commission shall adopt such requirements or impose such
conditions upon a certificate as in its opinion are necessary
to preserve public safety, as long as such requirements are
compatible with the minimum standards prescribed by the
Pipeline and Hazardous Material Safety Administration.
(h) Within 6 months after the Commission's entry of an
order approving either a specific route or a project route
width under this Section, the owner or operator of the carbon
dioxide pipeline that receives that order may file
supplemental applications for minor route deviations outside
the approved project route width, allowing for additions or
changes to the approved route to address environmental
concerns encountered during construction or to accommodate
landowner requests. The supplemental application shall
specifically detail the environmental concerns or landowner
requests prompting the route changes, including the names of
any landowners or entities involved. Notice of a supplemental
application shall be provided to any State agency or unit of
local government that appeared in the original proceeding and
to any landowner affected by the proposed route deviation at
the time that supplemental application is filed. The route
deviations shall be approved by the Commission no sooner than
90 days after all interested parties receive notice of the
supplemental application, unless a written objection is filed
to the supplemental application within 45 days after such
notice is received. If a written objection is filed, then the
Commission shall issue an order either granting or denying the
route deviation within 90 days after the filing of the
objection. Hearings on any such supplemental application shall
be limited to the reasonableness of the specific variance
proposed, and the issues of the public interest and benefit of
the project or fitness of the applicant shall be considered
only to the extent that the route deviation has raised new
concerns with regard to those issues.
(i) A certificate of authority to construct and operate a
carbon dioxide pipeline issued by the Commission shall contain
and include all of the following:
(1) a grant of authority to construct and operate a
carbon dioxide pipeline as requested in the application,
subject to the laws of this State; and
(2) the right to seek eminent domain authority from
the Commission under Section 8-509 of the Public Utilities
Act. a limited grant of authority to take and acquire an
easement in any property or interest in property for the
construction, maintenance, or operation of a carbon
dioxide pipeline in the manner provided for the exercise
of the power of eminent domain under the Eminent Domain
Act. The limited grant of authority shall be restricted
to, and exercised solely for, the purpose of siting,
rights-of-way, and easements appurtenant, including
construction and maintenance. The applicant shall not
exercise this power until it has used reasonable and good
faith efforts to acquire the property or easement thereto.
The applicant may thereafter use this power when the
applicant determines that the easement is necessary to
avoid unreasonable delay or economic hardship to the
progress of activities carried out pursuant to the
certificate of authority.
(j) All applications under this Act pending before the
Commission on the effective date of this amendatory Act of the
103rd General Assembly shall be dismissed without prejudice.
(Source: P.A. 97-534, eff. 8-23-11.)
(220 ILCS 75/35 new)
Sec. 35. Land surveys and land use studies. For the
purpose of making land surveys and land use studies, any
applicant that has been granted a certificate of authority
under this Section may, 30 days after providing written notice
to the landowner thereof by registered mail and after
providing a second notice to the owner of record, as
identified in the records of the relevant county tax assessor,
by telephone or email or by registered mail if the landowner
has not been notified by other means, at least 3 days, but not
more than 15 days, prior to the stated date in the notice,
identifying the date when land surveys and land use studies
will first begin on the landowner's property and informing the
landowner that the landowner or the landowner's agent may be
present when the land surveys or land use studies occur, enter
upon the property of any landowner who has refused permission
for entrance upon that property, but subject to responsibility
for all damages which may be inflicted thereby.
(220 ILCS 75/40 new)
Sec. 40. Pipeline operator fees. Any person or entity that
has been granted a certificate of authority authorizing the
construction and operation of a carbon dioxide pipeline
pursuant to this Section or any person or entity operating a
legacy carbon dioxide pipeline shall be assessed an annual fee
per pipeline system operated in the State, plus an additional
fee per mile of carbon dioxide pipeline in length that is
physically operated or proposed to be operated in the State.
The Commission may adopt any rules and procedures
necessary to enforce and administer the provisions of this
Act. The Commission may, by administrative rule, modify any
rules or procedures or adjust any Commission fees necessary to
regulate and enforce the provisions of this Act. The
Commission shall adopt such rules in consultation with the
Illinois Emergency Management Agency and Office of Homeland
Security in order to establish the total amount necessary to
cover the Commission's and Illinois Emergency Management
Agency and Office of Homeland Security's administrative costs
plus the amount necessary to fund the needs of emergency
responders as determined by the Illinois Emergency Management
Agency and Office of Homeland Security. The Commission rules
shall include, but shall not be limited to, the following
provisions:
(1) a provision requiring a portion of the fee to be
allocated to the Commission for purposes of assessing the
permit application and regulating the operating pipeline;
(2) a provision requiring the balance of the fee to be
allocated and transferred to the Illinois Emergency
Management Agency and Office of Homeland Security for
compiling and maintaining emergency response plans and
coordinating and funding training, exercises, and
equipment of first responders along the pipeline route
through agreements and grants to county emergency services
and disaster agencies;
(3) a provision requiring the fee to be payable to the
Commission and due 30 days after the certificate of
authority is granted by the Commission, and at the
conclusion of each State fiscal year. The Commission shall
transfer to the Illinois Emergency Management Agency and
Office of Homeland Security's Emergency Planning and
Training Fund its allocable share within 30 days following
the end of each fiscal year to be utilized as indicated in
paragraph (2);
(4) a provision requiring the fee to be assessed with
a flat fee per pipeline system, plus an additional fee
assessed per each mile of a pipeline, based on the actual
length of carbon dioxide pipeline that has been used to
transport carbon dioxide in the State in the State fiscal
year during which the fee is imposed;
(5) a provision requiring the fee structure to be
designed to collect the funds necessary for emergency
responders in a manner that facilitates the safe and
reliable development of new carbon dioxide pipelines
within the State; and
(6) a provision requiring the fee to be adjusted with
inflation.
Section 55. The Environmental Protection Act is amended by
changing Section 21 and by adding Title XVIII as follows:
(415 ILCS 5/21) (from Ch. 111 1/2, par. 1021)
Sec. 21. Prohibited acts. No person shall:
(a) Cause or allow the open dumping of any waste.
(b) Abandon, dump, or deposit any waste upon the public
highways or other public property, except in a sanitary
landfill approved by the Agency pursuant to regulations
adopted by the Board.
(c) Abandon any vehicle in violation of the "Abandoned
Vehicles Amendment to the Illinois Vehicle Code", as enacted
by the 76th General Assembly.
(d) Conduct any waste-storage, waste-treatment, or
waste-disposal operation:
(1) without a permit granted by the Agency or in
violation of any conditions imposed by such permit,
including periodic reports and full access to adequate
records and the inspection of facilities, as may be
necessary to assure compliance with this Act and with
regulations and standards adopted thereunder; provided,
however, that, except for municipal solid waste landfill
units that receive waste on or after October 9, 1993, and
CCR surface impoundments, no permit shall be required for
(i) any person conducting a waste-storage,
waste-treatment, or waste-disposal operation for wastes
generated by such person's own activities which are
stored, treated, or disposed within the site where such
wastes are generated, (ii) until one year after the
effective date of rules adopted by the Board under
subsection (n) of Section 22.38, a facility located in a
county with a population over 700,000 as of January 1,
2000, operated and located in accordance with Section
22.38 of this Act, and used exclusively for the transfer,
storage, or treatment of general construction or
demolition debris, provided that the facility was
receiving construction or demolition debris on August 24,
2009 (the effective date of Public Act 96-611), or (iii)
any person conducting a waste transfer, storage,
treatment, or disposal operation, including, but not
limited to, a waste transfer or waste composting
operation, under a mass animal mortality event plan
created by the Department of Agriculture;
(2) in violation of any regulations or standards
adopted by the Board under this Act;
(3) which receives waste after August 31, 1988, does
not have a permit issued by the Agency, and is (i) a
landfill used exclusively for the disposal of waste
generated at the site, (ii) a surface impoundment
receiving special waste not listed in an NPDES permit,
(iii) a waste pile in which the total volume of waste is
greater than 100 cubic yards or the waste is stored for
over one year, or (iv) a land treatment facility receiving
special waste generated at the site; without giving notice
of the operation to the Agency by January 1, 1989, or 30
days after the date on which the operation commences,
whichever is later, and every 3 years thereafter. The form
for such notification shall be specified by the Agency,
and shall be limited to information regarding: the name
and address of the location of the operation; the type of
operation; the types and amounts of waste stored, treated
or disposed of on an annual basis; the remaining capacity
of the operation; and the remaining expected life of the
operation.
Item (3) of this subsection (d) shall not apply to any
person engaged in agricultural activity who is disposing of a
substance that constitutes solid waste, if the substance was
acquired for use by that person on his own property, and the
substance is disposed of on his own property in accordance
with regulations or standards adopted by the Board.
This subsection (d) shall not apply to hazardous waste.
(e) Dispose, treat, store or abandon any waste, or
transport any waste into this State for disposal, treatment,
storage or abandonment, except at a site or facility which
meets the requirements of this Act and of regulations and
standards thereunder.
(f) Conduct any hazardous waste-storage, hazardous
waste-treatment or hazardous waste-disposal operation:
(1) without a RCRA permit for the site issued by the
Agency under subsection (d) of Section 39 of this Act, or
in violation of any condition imposed by such permit,
including periodic reports and full access to adequate
records and the inspection of facilities, as may be
necessary to assure compliance with this Act and with
regulations and standards adopted thereunder; or
(2) in violation of any regulations or standards
adopted by the Board under this Act; or
(3) in violation of any RCRA permit filing requirement
established under standards adopted by the Board under
this Act; or
(4) in violation of any order adopted by the Board
under this Act.
Notwithstanding the above, no RCRA permit shall be
required under this subsection or subsection (d) of Section 39
of this Act for any person engaged in agricultural activity
who is disposing of a substance which has been identified as a
hazardous waste, and which has been designated by Board
regulations as being subject to this exception, if the
substance was acquired for use by that person on his own
property and the substance is disposed of on his own property
in accordance with regulations or standards adopted by the
Board.
(g) Conduct any hazardous waste-transportation operation:
(1) without registering with and obtaining a special
waste hauling permit from the Agency in accordance with
the regulations adopted by the Board under this Act; or
(2) in violation of any regulations or standards
adopted by the Board under this Act.
(h) Conduct any hazardous waste-recycling or hazardous
waste-reclamation or hazardous waste-reuse operation in
violation of any regulations, standards or permit requirements
adopted by the Board under this Act.
(i) Conduct any process or engage in any act which
produces hazardous waste in violation of any regulations or
standards adopted by the Board under subsections (a) and (c)
of Section 22.4 of this Act.
(j) Conduct any special waste-transportation operation in
violation of any regulations, standards or permit requirements
adopted by the Board under this Act. However, sludge from a
water or sewage treatment plant owned and operated by a unit of
local government which (1) is subject to a sludge management
plan approved by the Agency or a permit granted by the Agency,
and (2) has been tested and determined not to be a hazardous
waste as required by applicable State and federal laws and
regulations, may be transported in this State without a
special waste hauling permit, and the preparation and carrying
of a manifest shall not be required for such sludge under the
rules of the Pollution Control Board. The unit of local
government which operates the treatment plant producing such
sludge shall file an annual report with the Agency identifying
the volume of such sludge transported during the reporting
period, the hauler of the sludge, and the disposal sites to
which it was transported. This subsection (j) shall not apply
to hazardous waste.
(k) Fail or refuse to pay any fee imposed under this Act.
(l) Locate a hazardous waste disposal site above an active
or inactive shaft or tunneled mine or within 2 miles of an
active fault in the earth's crust. In counties of population
less than 225,000 no hazardous waste disposal site shall be
located (1) within 1 1/2 miles of the corporate limits as
defined on June 30, 1978, of any municipality without the
approval of the governing body of the municipality in an
official action; or (2) within 1000 feet of an existing
private well or the existing source of a public water supply
measured from the boundary of the actual active permitted site
and excluding existing private wells on the property of the
permit applicant. The provisions of this subsection do not
apply to publicly owned sewage works or the disposal or
utilization of sludge from publicly owned sewage works.
(m) Transfer interest in any land which has been used as a
hazardous waste disposal site without written notification to
the Agency of the transfer and to the transferee of the
conditions imposed by the Agency upon its use under subsection
(g) of Section 39.
(n) Use any land which has been used as a hazardous waste
disposal site except in compliance with conditions imposed by
the Agency under subsection (g) of Section 39.
(o) Conduct a sanitary landfill operation which is
required to have a permit under subsection (d) of this
Section, in a manner which results in any of the following
conditions:
(1) refuse in standing or flowing waters;
(2) leachate flows entering waters of the State;
(3) leachate flows exiting the landfill confines (as
determined by the boundaries established for the landfill
by a permit issued by the Agency);
(4) open burning of refuse in violation of Section 9
of this Act;
(5) uncovered refuse remaining from any previous
operating day or at the conclusion of any operating day,
unless authorized by permit;
(6) failure to provide final cover within time limits
established by Board regulations;
(7) acceptance of wastes without necessary permits;
(8) scavenging as defined by Board regulations;
(9) deposition of refuse in any unpermitted portion of
the landfill;
(10) acceptance of a special waste without a required
manifest;
(11) failure to submit reports required by permits or
Board regulations;
(12) failure to collect and contain litter from the
site by the end of each operating day;
(13) failure to submit any cost estimate for the site
or any performance bond or other security for the site as
required by this Act or Board rules.
The prohibitions specified in this subsection (o) shall be
enforceable by the Agency either by administrative citation
under Section 31.1 of this Act or as otherwise provided by this
Act. The specific prohibitions in this subsection do not limit
the power of the Board to establish regulations or standards
applicable to sanitary landfills.
(p) In violation of subdivision (a) of this Section, cause
or allow the open dumping of any waste in a manner which
results in any of the following occurrences at the dump site:
(1) litter;
(2) scavenging;
(3) open burning;
(4) deposition of waste in standing or flowing waters;
(5) proliferation of disease vectors;
(6) standing or flowing liquid discharge from the dump
site;
(7) deposition of:
(i) general construction or demolition debris as
defined in Section 3.160(a) of this Act; or
(ii) clean construction or demolition debris as
defined in Section 3.160(b) of this Act.
The prohibitions specified in this subsection (p) shall be
enforceable by the Agency either by administrative citation
under Section 31.1 of this Act or as otherwise provided by this
Act. The specific prohibitions in this subsection do not limit
the power of the Board to establish regulations or standards
applicable to open dumping.
(q) Conduct a landscape waste composting operation without
an Agency permit, provided, however, that no permit shall be
required for any person:
(1) conducting a landscape waste composting operation
for landscape wastes generated by such person's own
activities which are stored, treated, or disposed of
within the site where such wastes are generated; or
(1.5) conducting a landscape waste composting
operation that (i) has no more than 25 cubic yards of
landscape waste, composting additives, composting
material, or end-product compost on-site at any one time
and (ii) is not engaging in commercial activity; or
(2) applying landscape waste or composted landscape
waste at agronomic rates; or
(2.5) operating a landscape waste composting facility
at a site having 10 or more occupied non-farm residences
within 1/2 mile of its boundaries, if the facility meets
all of the following criteria:
(A) the composting facility is operated by the
farmer on property on which the composting material is
utilized, and the composting facility constitutes no
more than 2% of the site's total acreage;
(A-5) any composting additives that the composting
facility accepts and uses at the facility are
necessary to provide proper conditions for composting
and do not exceed 10% of the total composting material
at the facility at any one time;
(B) the property on which the composting facility
is located, and any associated property on which the
compost is used, is principally and diligently devoted
to the production of agricultural crops and is not
owned, leased, or otherwise controlled by any waste
hauler or generator of nonagricultural compost
materials, and the operator of the composting facility
is not an employee, partner, shareholder, or in any
way connected with or controlled by any such waste
hauler or generator;
(C) all compost generated by the composting
facility, except incidental sales of finished compost,
is applied at agronomic rates and used as mulch,
fertilizer, or soil conditioner on land actually
farmed by the person operating the composting
facility, and the finished compost is not stored at
the composting site for a period longer than 18 months
prior to its application as mulch, fertilizer, or soil
conditioner;
(D) no fee is charged for the acceptance of
materials to be composted at the facility; and
(E) the owner or operator, by January 1, 2014 (or
the January 1 following commencement of operation,
whichever is later) and January 1 of each year
thereafter, registers the site with the Agency, (ii)
reports to the Agency on the volume of composting
material received and used at the site; (iii)
certifies to the Agency that the site complies with
the requirements set forth in subparagraphs (A),
(A-5), (B), (C), and (D) of this paragraph (2.5); and
(iv) certifies to the Agency that all composting
material was placed more than 200 feet from the
nearest potable water supply well, was placed outside
the boundary of the 10-year floodplain or on a part of
the site that is floodproofed, was placed at least 1/4
mile from the nearest residence (other than a
residence located on the same property as the
facility) or a lesser distance from the nearest
residence (other than a residence located on the same
property as the facility) if the municipality in which
the facility is located has by ordinance approved a
lesser distance than 1/4 mile, and was placed more
than 5 feet above the water table; any ordinance
approving a residential setback of less than 1/4 mile
that is used to meet the requirements of this
subparagraph (E) of paragraph (2.5) of this subsection
must specifically reference this paragraph; or
(3) operating a landscape waste composting facility on
a farm, if the facility meets all of the following
criteria:
(A) the composting facility is operated by the
farmer on property on which the composting material is
utilized, and the composting facility constitutes no
more than 2% of the property's total acreage, except
that the Board may allow a higher percentage for
individual sites where the owner or operator has
demonstrated to the Board that the site's soil
characteristics or crop needs require a higher rate;
(A-1) the composting facility accepts from other
agricultural operations for composting with landscape
waste no materials other than uncontaminated and
source-separated (i) crop residue and other
agricultural plant residue generated from the
production and harvesting of crops and other customary
farm practices, including, but not limited to, stalks,
leaves, seed pods, husks, bagasse, and roots and (ii)
plant-derived animal bedding, such as straw or
sawdust, that is free of manure and was not made from
painted or treated wood;
(A-2) any composting additives that the composting
facility accepts and uses at the facility are
necessary to provide proper conditions for composting
and do not exceed 10% of the total composting material
at the facility at any one time;
(B) the property on which the composting facility
is located, and any associated property on which the
compost is used, is principally and diligently devoted
to the production of agricultural crops and is not
owned, leased or otherwise controlled by any waste
hauler or generator of nonagricultural compost
materials, and the operator of the composting facility
is not an employee, partner, shareholder, or in any
way connected with or controlled by any such waste
hauler or generator;
(C) all compost generated by the composting
facility, except incidental sales of finished compost,
is applied at agronomic rates and used as mulch,
fertilizer or soil conditioner on land actually farmed
by the person operating the composting facility, and
the finished compost is not stored at the composting
site for a period longer than 18 months prior to its
application as mulch, fertilizer, or soil conditioner;
(D) the owner or operator, by January 1 of each
year, (i) registers the site with the Agency, (ii)
reports to the Agency on the volume of composting
material received and used at the site and the volume
of material comprising the incidental sale of finished
compost under this subsection (q), (iii) certifies to
the Agency that the site complies with the
requirements set forth in subparagraphs (A), (A-1),
(A-2), (B), and (C) of this paragraph (q)(3), and (iv)
certifies to the Agency that all composting material:
(I) was placed more than 200 feet from the
nearest potable water supply well;
(II) was placed outside the boundary of the
10-year floodplain or on a part of the site that is
floodproofed;
(III) was placed either (aa) at least 1/4 mile
from the nearest residence (other than a residence
located on the same property as the facility) and
there are not more than 10 occupied non-farm
residences within 1/2 mile of the boundaries of
the site on the date of application or (bb) a
lesser distance from the nearest residence (other
than a residence located on the same property as
the facility) provided that the municipality or
county in which the facility is located has by
ordinance approved a lesser distance than 1/4 mile
and there are not more than 10 occupied non-farm
residences within 1/2 mile of the boundaries of
the site on the date of application; and
(IV) was placed more than 5 feet above the
water table.
Any ordinance approving a residential setback of
less than 1/4 mile that is used to meet the
requirements of this subparagraph (D) must
specifically reference this subparagraph.
For the purposes of this subsection (q), "agronomic rates"
means the application of not more than 20 tons per acre per
year, except that the Board may allow a higher rate for
individual sites where the owner or operator has demonstrated
to the Board that the site's soil characteristics or crop
needs require a higher rate.
For the purposes of this subsection (q), "incidental sale
of finished compost" means the sale of finished compost that
meets general use compost standards and is no more than 20% or
300 cubic yards, whichever is less, of the total compost
created annually by a private landowner for the landowner's
own use.
(r) Cause or allow the storage or disposal of coal
combustion waste unless:
(1) such waste is stored or disposed of at a site or
facility for which a permit has been obtained or is not
otherwise required under subsection (d) of this Section;
or
(2) such waste is stored or disposed of as a part of
the design and reclamation of a site or facility which is
an abandoned mine site in accordance with the Abandoned
Mined Lands and Water Reclamation Act; or
(3) such waste is stored or disposed of at a site or
facility which is operating under NPDES and Subtitle D
permits issued by the Agency pursuant to regulations
adopted by the Board for mine-related water pollution and
permits issued pursuant to the federal Surface Mining
Control and Reclamation Act of 1977 (P.L. 95-87) or the
rules and regulations thereunder or any law or rule or
regulation adopted by the State of Illinois pursuant
thereto, and the owner or operator of the facility agrees
to accept the waste; and either:
(i) such waste is stored or disposed of in
accordance with requirements applicable to refuse
disposal under regulations adopted by the Board for
mine-related water pollution and pursuant to NPDES and
Subtitle D permits issued by the Agency under such
regulations; or
(ii) the owner or operator of the facility
demonstrates all of the following to the Agency, and
the facility is operated in accordance with the
demonstration as approved by the Agency: (1) the
disposal area will be covered in a manner that will
support continuous vegetation, (2) the facility will
be adequately protected from wind and water erosion,
(3) the pH will be maintained so as to prevent
excessive leaching of metal ions, and (4) adequate
containment or other measures will be provided to
protect surface water and groundwater from
contamination at levels prohibited by this Act, the
Illinois Groundwater Protection Act, or regulations
adopted pursuant thereto.
Notwithstanding any other provision of this Title, the
disposal of coal combustion waste pursuant to item (2) or (3)
of this subdivision (r) shall be exempt from the other
provisions of this Title V, and notwithstanding the provisions
of Title X of this Act, the Agency is authorized to grant
experimental permits which include provision for the disposal
of wastes from the combustion of coal and other materials
pursuant to items (2) and (3) of this subdivision (r).
(s) After April 1, 1989, offer for transportation,
transport, deliver, receive or accept special waste for which
a manifest is required, unless the manifest indicates that the
fee required under Section 22.8 of this Act has been paid.
(t) Cause or allow a lateral expansion of a municipal
solid waste landfill unit on or after October 9, 1993, without
a permit modification, granted by the Agency, that authorizes
the lateral expansion.
(u) Conduct any vegetable by-product treatment, storage,
disposal or transportation operation in violation of any
regulation, standards or permit requirements adopted by the
Board under this Act. However, no permit shall be required
under this Title V for the land application of vegetable
by-products conducted pursuant to Agency permit issued under
Title III of this Act to the generator of the vegetable
by-products. In addition, vegetable by-products may be
transported in this State without a special waste hauling
permit, and without the preparation and carrying of a
manifest.
(v) (Blank).
(w) Conduct any generation, transportation, or recycling
of construction or demolition debris, clean or general, or
uncontaminated soil generated during construction, remodeling,
repair, and demolition of utilities, structures, and roads
that is not commingled with any waste, without the maintenance
of documentation identifying the hauler, generator, place of
origin of the debris or soil, the weight or volume of the
debris or soil, and the location, owner, and operator of the
facility where the debris or soil was transferred, disposed,
recycled, or treated. This documentation must be maintained by
the generator, transporter, or recycler for 3 years. This
subsection (w) shall not apply to (1) a permitted pollution
control facility that transfers or accepts construction or
demolition debris, clean or general, or uncontaminated soil
for final disposal, recycling, or treatment, (2) a public
utility (as that term is defined in the Public Utilities Act)
or a municipal utility, (3) the Illinois Department of
Transportation, or (4) a municipality or a county highway
department, with the exception of any municipality or county
highway department located within a county having a population
of over 3,000,000 inhabitants or located in a county that is
contiguous to a county having a population of over 3,000,000
inhabitants; but it shall apply to an entity that contracts
with a public utility, a municipal utility, the Illinois
Department of Transportation, or a municipality or a county
highway department. The terms "generation" and "recycling", as
used in this subsection, do not apply to clean construction or
demolition debris when (i) used as fill material below grade
outside of a setback zone if covered by sufficient
uncontaminated soil to support vegetation within 30 days of
the completion of filling or if covered by a road or structure,
(ii) solely broken concrete without protruding metal bars is
used for erosion control, or (iii) milled asphalt or crushed
concrete is used as aggregate in construction of the shoulder
of a roadway. The terms "generation" and "recycling", as used
in this subsection, do not apply to uncontaminated soil that
is not commingled with any waste when (i) used as fill material
below grade or contoured to grade, or (ii) used at the site of
generation.
(y) Inject any carbon dioxide stream produced by a carbon
dioxide capture project into a Class II well, as defined by the
Board under this Act, or a Class VI well converted from a Class
II well, for purposes of enhanced oil or gas recovery,
including, but not limited to, the facilitation of enhanced
oil or gas recovery from another well.
(z) Sell or transport concentrated carbon dioxide stream
produced by a carbon dioxide capture project for use in
enhanced oil or gas recovery.
(aa) Operate a carbon sequestration activity in a manner
that causes, threatens, or allows the release of carbon
dioxide so as to tend to cause water pollution in this State.
(Source: P.A. 102-216, eff. 1-1-22; 102-310, eff. 8-6-21;
102-558, eff. 8-20-21; 102-813, eff. 5-13-22; 103-342, eff.
1-1-24.)
(415 ILCS 5/Tit. XVIII heading new)
TITLE XVIII: CARBON CAPTURE AND SEQUESTRATION
(415 ILCS 5/59 new)
Sec. 59. Definitions. As used in this Title:
"Carbon dioxide capture project" mean a project or
facility that:
(1) uses equipment to capture a significant quantity
of carbon dioxide directly from the ambient air or uses a
process to separate carbon dioxide from industrial or
energy-related sources, other than oil or gas production
from a well; and
(2) produces a concentrated fluid of carbon dioxide.
"Carbon dioxide stream" means carbon dioxide, any
incidental associated substances derived from the source
materials and process of producing or capturing carbon
dioxide, and any substance added to the stream to enable or
improve the injection process or the detection of a leak or
rupture.
"Carbon sequestration activity" means the injection of one
or more carbon dioxide streams into underground geologic
formations under at least one Class VI well permit for
long-term sequestration.
"Criteria pollutants" means the 6 pollutants for which the
United States Environmental Protection Agency has set National
Ambient Air Quality Standards under Section 109 of the Clean
Air Act, together with recognized precursors to those
pollutants.
"Project labor agreement" means a prehire collective
bargaining agreement that covers all terms and conditions of
employment on a specific construction project and must include
the following:
(1) provisions establishing the minimum hourly wage
for each class of labor organization employee;
(2) provisions establishing the benefits and other
compensation for each class of labor organization
employee;
(3) provisions establishing that no strike or disputes
will be engaged in by the labor organization employees;
(4) provisions establishing that no lockout or
disputes will be engaged in by the general contractor
building the project; and
(5) provisions for minorities and women, as defined
under the Business Enterprise for Minorities, Women, and
Persons with Disabilities Act, setting forth goals for
apprenticeship hours to be performed by minorities and
women and setting forth goals for total hours to be
performed by underrepresented minorities and women.
"Project labor agreement" includes other terms and conditions
a labor organization or general contractor building the
project deems necessary.
"Sequestration facility" means the carbon dioxide
sequestration reservoir, underground equipment, including, but
not limited to, well penetrations, and surface facilities and
equipment used or proposed to be used in a carbon
sequestration activity. "Sequestration facility" includes each
injection well and equipment used to connect surface
activities to the carbon dioxide sequestration reservoir and
underground equipment. "Sequestration facility" does not
include pipelines used to transport carbon dioxide to a
sequestration facility.
(415 ILCS 5/59.1 new)
Sec. 59.1. Carbon capture permit requirements. For air
construction permit applications for carbon dioxide capture
projects at existing sources submitted on or after the
effective date of this amendatory Act of the 103rd General
Assembly, no permit may be issued unless all of the following
requirements are met:
(1) The permit applicant demonstrates that there will
be no net increase in the individual allowable potential
annual criteria pollutant emissions at the source. If the
Agency determines that it is technically infeasible for an
applicant to demonstrate that there will be no net
increase in the individual allowable potential annual
criteria pollutant emissions at the source, the Agency
shall allow an alternative demonstration.
(2) The Agency has complied with the public
participation requirements under 35 Ill. Adm. Code 252.
(3) The permit applicant submits to the Agency in its
permit application, a Greenhouse Gas Inventory Analysis,
as set forth in guidance from the United States
Environmental Protection Agency, that includes all
emissions at the stack or emissions source from which
carbon dioxide is captured and a demonstration that the
total greenhouse gas emissions associated with capture,
including, but not limited to, (i) the emissions at the
stack or emissions source from which the carbon dioxide is
captured, (ii) the additional emissions associated with
additional electricity generated, whether on-site or
off-site, used to power any capture equipment, and (iii)
any increased emissions necessary for the operation of the
capture facility as compared to before the installation
and operation of the capture equipment at the facility, do
not exceed the total amount of greenhouse gas emissions
captured. This comparison shall be made on an annual
basis, projected across the proposed life span of the
capture project.
(4) The permit applicant provides a water impact
assessment report. The report must have been submitted to
Department of Natural Resources and to the Soil and Water
Conservation District in the county in which the project
will be constructed. The report shall identify the
following:
(A) each water source to be used by the project;
(B) the pumping method to be used by the project;
(C) the maximum and expected average daily pumping
rates for the pumps used by the project;
(D) the impacts to each water source used by the
project, such as aquifer drawdown or river reductions;
and
(E) a detailed assessment of the impact on water
users near the area of impact.
The water impact assessment shall consider the water
impacts (i) immediately following the project's initial
operations, (ii) at the end of the project's expected
operational life, and (iii) during a drought or other
similar event.
The permit applicant shall submit a certification to the
Agency that the applicant has submitted its initial water use
impact study and the applicant's ongoing water usage to the
Department of Natural Resources. This requirement may be
satisfied by submitting to the Agency copies of documents
provided to the United States Environmental Protection Agency
in accordance with 40 CFR 146.82 if the applicant satisfies
the requirements of this Section.
(415 ILCS 5/59.2 new)
Sec. 59.2. Report on minimum carbon capture standards and
the deployment of carbon capture and sequestration technology.
By December 1, 2028, the Agency, in consultation with Illinois
Emergency Management Agency and Office of Homeland Security,
the Illinois Commerce Commission, the Commission on
Environmental Justice, and the Department of Natural
Resources, shall submit to the Governor and General Assembly,
a report that reviews the progress on the implementation of
carbon dioxide capture, transport, and storage projects in
this State. The Agency may also obtain outside consultants to
assist with the report. The report shall include, at minimum:
(1) a review of federal and other State statutory or
regulatory actions to establish and implement a minimum
carbon capture efficiency rate at the stack or emission
point;
(2) a review of active and proposed capture projects,
including the types of technology and capture rates used
by various industry subsectors to capture and store
carbon;
(3) an assessment of the technical and economic
feasibility of carbon capture in various industries and
various rates of capture; and
(4) an environmental justice analysis which includes,
but is not limited to:
(A) an assessment of capture, transport, and
sequestration projects that present potential impacts
on environmental justice communities and economically
disadvantaged rural communities;
(B) how public participation processes associated
with the permitting of carbon capture, transport, and
storage projects provide transparency and meaningful
participation for environmental justice communities,
rural communities, minority populations, low-income
populations, tribes, or indigenous peoples; and
(C) options for State agencies and decision-makers
to improve environmental, public health, and economic
protections for environmental justice communities and
economically disadvantaged rural communities in
permitting and regulatory enforcement of permit
provisions of carbon capture, transport, and
sequestration proposals.
(415 ILCS 5/59.3 new)
Sec. 59.3. Minimum carbon dioxide capture efficiency
rulemaking authority. The Agency may propose, and the Board
may adopt, rules to establish a minimum carbon capture
efficiency rate for carbon capture projects. The Agency may
propose, and the Board may adopt, a minimum carbon capture
efficiency rate that is applicable to all carbon capture
projects or individual efficiencies applicable to distinct
industries.
(415 ILCS 5/59.4 new)
Sec. 59.4. Report on the status and impact of carbon
capture and sequestration. Beginning July 1, 2029, and every 5
years thereafter, the Agency shall submit a report to the
Governor and General Assembly that includes, for each carbon
dioxide capture project in this State:
(1) the amount of carbon dioxide captured on an annual
basis;
(2) the means for transporting the carbon dioxide to a
sequestration or utilization facility;
(3) the location of the sequestration or utilization
facility used;
(4) the electrical power consumption of the carbon
dioxide capture equipment; and
(5) the generation source or sources providing
electrical power for the carbon dioxide capture equipment
and the emissions of CO2 and criteria pollutants of the
generation source or sources.
(415 ILCS 5/59.5 new)
Sec. 59.5. Prohibitions.
(a) No person shall conduct a carbon sequestration
activity without a permit issued by the Agency under Section
59.6. This prohibition does not apply to any carbon
sequestration activity in existence and permitted by the
United States Environmental Protection Agency on or before the
effective date of this amendatory Act of the 103rd General
Assembly or to any Class VI well for which (1) a Class VI well
permit has been filed with the United States Environmental
Protection Agency and a completeness determination had been
received prior to January 1, 2023, and (2) the sequestration
activity will occur on a contiguous property with common
ownership where the carbon dioxide is generated, captured, and
injected.
(b) No person shall conduct a carbon sequestration
activity in violation of this Act.
(c) No person shall conduct a carbon sequestration
activity in violation of any applicable rules adopted by the
Pollution Control Board.
(d) No person shall conduct a carbon sequestration
activity in violation of a permit issued by the Agency under
this Act.
(e) No person shall fail to submit reports required by
this Act or required by a permit issued by the Agency under
this Act.
(f) No person shall conduct a carbon sequestration
activity without obtaining an order for integration of pore
space from the Department of Natural Resources, if applicable.
(415 ILCS 5/59.6 new)
Sec. 59.6. Sequestration permit; application contents. An
application to obtain a carbon sequestration permit under this
Act shall contain, at a minimum, the following:
(1) A map and accompanying description that clearly
identifies the location of all carbon sequestration
activities for which a permit is sought.
(2) A map and accompanying description that clearly
identifies the properties overlaying the carbon
sequestration activity.
(3) Copies of any permit and related application
materials submitted to or issued by the United States
Environmental Protection Agency in accordance with 40 CFR
146.82.
(4) A report describing air and soil gas baseline
conditions at properties potentially impacted by a release
from the carbon sequestration activity to determine
background levels of constituents of concern present
before the commencement of the carbon sequestration
activity for which a permit is sought. The report must:
(A) contain sampling data generated within 180
calendar days prior to the submission of the permit
application;
(B) identify the constituents of concern for which
monitoring was conducted and the method for selecting
those constituents of concern;
(C) use and describe the sampling methodology
employed to collect and test air and soil samples in a
manner consistent with standards established by a
national laboratory accreditation body;
(D) identify the accredited laboratory used to
conduct necessary testing; and
(E) include the sampling results for the
identified constituents of concern.
(5) The permit application must include an air
monitoring plan containing, at a minimum, the following
elements:
(A) sufficient surface and near-surface monitoring
points based on potential risks of atmospheric carbon
dioxide and any other identified constituents of
concern attributable to the carbon sequestration
activity to identify the nature and extent any release
of carbon dioxide or other constituents of concern,
the source of the release, and the estimated volume of
the release;
(B) a monitoring frequency designed to evaluate
the nature and extent of any release of carbon dioxide
or other constituents of concern, the source of the
release, and the estimated volume of the release;
(C) a description of the monitoring network
components and methods, including sampling and
equipment quality assurance methods, that comply with
applicable testing and laboratory standards,
established by a national laboratory accreditation
body;
(D) confirmation monitoring protocols to address
any monitoring results that reflect a statistically
significant increase over background levels; and
(E) development and submission of quarterly air
monitoring reports to the Agency.
This requirement may be satisfied by the submission of
copies of documents provided to the United States
Environmental Protection Agency in accordance with 40 CFR
146.82 if the applicant satisfies the requirements of this
Section.
(6) The permit application must include a soil gas
monitoring plan containing, at a minimum, the following
elements:
(A) sufficient soil sampling points and sampling
depths to identify the nature and extent of any
release of carbon dioxide or other constituents of
concern, the source of the release, and the estimated
volume of the release;
(B) a monitoring frequency designed to identify
the nature and extent of any release of carbon dioxide
or other constituents of concern, the source of the
release, and the estimated volume of the release;
(C) a description of the monitoring network
components and methods, including sampling and
equipment quality assurance methods, that comply with
applicable testing and laboratory standards,
established by a national laboratory accreditation
body;
(D) confirmation monitoring protocols to address
any monitoring results that reflect a statistically
significant increase over background levels; and
(E) development and submission of quarterly soil
gas monitoring reports to the Agency.
This requirement may be satisfied by the submission of
copies of documents provided to the United States
Environmental Protection Agency in accordance with 40 CFR
146.82 if the applicant satisfies the requirements of this
Section.
(7) The permit application must include an emergency
response plan designed to respond to and minimize the
immediate threat to human health and the environment from
a release from the carbon sequestration activity. The plan
must have been submitted to the Illinois Emergency
Management Agency and Office of Homeland Security for
review and input on the emergency preparedness activities
prior to submitting in a permit application to the Agency.
Proof of this submission must be included with the permit
application. The plan must:
(A) identify the resources and infrastructure near
carbon sequestration activity;
(B) identify potential risk scenarios that would
result in the need to trigger a response plan.
Potential risk scenarios must include, at a minimum:
(i) injection or monitoring well integrity
failure;
(ii) injection well monitoring equipment
failure;
(iii) fluid or carbon dioxide release;
(iv) natural disaster; or
(v) induced or natural seismic event;
(C) describe response actions necessary to prepare
for and address each risk scenario identified in the
emergency response plan. These actions should include,
but are not limited to, identification and maintenance
of sensors and alarms to detect carbon dioxide leaks,
an internal and external communications plan
accounting for external communications to the public
in the primary languages of potentially impacted
populations, a training program that includes regular
training for employees and emergency responders on how
to handle carbon dioxide, public safety, and
evacuation plans, and post-incident analysis and
reporting procedures;
(D) identify personnel and equipment necessary to
comprehensively address the emergency;
(E) describe emergency notification procedures,
including notifications to and coordination with State
and local emergency response agencies;
(F) describe the process for determining the
nature and extent of any injuries or private or public
property damage attributable to the release of carbon
dioxide;
(G) include an air and soil gas monitoring plan
designed to determine the nature and extent of any air
or soil gas impacts attributable to a release from the
permitted carbon sequestration activity; and
(H) provide any additional information or action
plans requested by the Agency or the Illinois
Emergency Management Agency and Office of Homeland
Security.
This requirement may be satisfied by the submission of
copies of documents provided to the United States
Environmental Protection Agency in accordance with 40 CFR
146.82 if the applicant satisfies the requirements of this
Section.
(8) The permit applicant must include a water impact
assessment report. The report must have been submitted to
the Department of Natural Resources and to the Soil and
Water Conservation District in the county in which the
project will be constructed. The report shall identify the
following:
(A) each water source to be used by the project;
(B) the pumping method to be used by the project;
(C) the maximum and expected average daily pumping
rates for the pumps used by the project;
(D) the impacts to each water source, such as
aquifer drawdown or river reductions; and
(E) a detailed assessment of the impact of the
project on water users near the area of impact.
The impact assessment shall consider the water impacts
(i) immediately following the project's initial
operations, (ii) at the end of the project's expected
operational life, and (iii) during a drought or other
similar event.
The permit applicant shall submit a certification to
the Agency from the Department of Natural Resources that
the applicant has submitted its initial water use impact
study and is submitting to the Department of Resources the
applicant's ongoing water usage. This requirement may be
satisfied by the submission of copies of documents
provided to the United States Environmental Protection
Agency in accordance with 40 CFR 146.82 if the applicant
satisfies the requirements of this Section.
(9) The permit application must include a remedial
action plan designed to address the air and soil impacts
of a release from the carbon sequestration activity. The
remedial action plan must, at a minimum:
(A) identify all necessary remedial actions to
address air and soil impacts from a release from the
sequestration activity, consistent with Title XVII.
Soil impacts from a release of carbon dioxide must be
addressed through (i) the installation of an
appropriate treatment system designed to remove
contaminants of concerns emplaced by, or the increase
in any contaminants of concern that result from, the
carbon sequestration activity or (ii) the removal of
all impacted soils and transportation of those soils
to an appropriately permitted facility for treatment,
storage or disposal;
(B) include a demonstration of the performance,
reliability, ease of implementation, and potential
impacts, including safety, cross-media impacts, and
control of exposure of any residual contamination, of
the selected corrective actions; and
(C) identify a reasonable timeline and describe
the procedure for implementation and completion of the
remedial action plan, consistent with Title XVII,
following a release attributable to the sequestration
activity.
(10) The permit application must include a closure
plan that addresses the post-injection site care and
closure. The closure plan must include:
(A) the pressure differential between preinjection
and predicted post-injection pressures at all
injection zones;
(B) the predicted position of the carbon dioxide
plume and associated pressure front at site closure;
(C) a description of post-injection monitoring
locations, methods, and proposed frequency;
(D) a proposed schedule for submitting
post-injection site care monitoring results to the
Agency; and
(E) the duration of the post-injection site care
period that ensures nonendangerment of groundwater, as
specified in 35 Ill. Adm. Code 620, or to human health
or the environment. The post-injection site care
period shall be no less than 30 years from the last
date of injection.
This requirement may be satisfied by the submission of
copies of documents provided to the United States
Environmental Protection Agency in accordance with 40 CFR
146.93 if the applicant satisfies the requirements of this
Section.
(11) The permit application must contain a written
estimate of the cost of all air monitoring, soil gas
monitoring, emergency response, remedial action, and
closure activities required by this Section.
The cost estimate must be calculated in terms of
reasonable actual remedial, construction, maintenance, and
labor costs that the Agency would bear if contracting to
complete the actions set forth in an air monitoring, soil
gas monitoring, emergency response, remedial action, and
closure plans set forth in an Agency-approved permit.
The owner or operator must revise the cost estimate
whenever there is a change in the air monitoring, soil gas
monitoring, emergency response, remedial action, or
closure plans that would result in an increase to the cost
estimate.
The owner or operator must annually revise the cost
estimate to adjust for inflation.
Revisions to the cost estimate must be submitted to
the Agency as a permit modification.
(12) Proof that the applicant has financial assurance
sufficient to satisfy the requirements set forth in
Section 59.10.
(13) Proof of insurance that complies with the
requirements set forth in Section 59.11.
(415 ILCS 5/59.7 new)
Sec. 59.7. Sequestration permit application fee. Upon
submission of a sequestration facility permit application, and
in addition to any other fees required by law, the
sequestration operator shall remit to the Agency an initial,
one-time permit application fee of $60,000. One-third of each
sequestration facility permit application fee shall be
deposited into the Water Resources Fund, the Emergency
Planning and Training Fund, and the Carbon Dioxide
Sequestration Administrative Fund.
(415 ILCS 5/59.8 new)
Sec. 59.8. Public participation. Prior to issuing a permit
for carbon sequestration activity, the Agency shall issue a
public notice of the permit application and draft permit. The
public notice shall include a link to a website where copies of
the permit application or draft permit, and all included
attachments that are not protected under the Freedom of
Information Act are posted, and shall provide information
concerning the comment period on the permit application or
draft permit and instructions for how to request a hearing on
the permit application or draft permit. The Agency shall
provide an opportunity for public comments on the permit
application or draft permit, and shall hold a public hearing
upon request. The Agency will make copies of all comments
received available on its website and consider those comments
when rendering its permit decision.
(415 ILCS 5/59.9 new)
Sec. 59.9. Closure. The owner or operator of a carbon
sequestration activity permitted in accordance with this Act
shall monitor the site during the post-injection site care
period, which shall be no less than 30 years after the last
date of injection, as well as following certification of
closure by United States Environmental Protection Act to show
the position of the carbon dioxide and pressure front to
ensure it does not pose an endangerment to groundwater, as
specified in 35 Ill. Adm. Code 620, or to human health or the
environment, unless and until the Agency certifies that a
carbon sequestration facility is closed. Air and soil gas
monitoring required by a carbon sequestration activity permit
issued by the Agency must continue until the Agency certifies
the carbon sequestration facility as closed. The Agency shall
certify a carbon sequestration facility as closed if:
(1) the owner or operator submits to the Agency a copy
of a closure certification issued for the carbon
sequestration facility in accordance with 40 CFR 146.93;
and
(2) the owner or operator demonstrates to the Agency
that no additional air or soil gas monitoring is needed to
ensure the carbon sequestration facility does not pose an
endangerment to groundwater, as specified in 35 Ill. Adm.
Code 620, or to human health or the environment.
This demonstration must include location-specific
monitoring data. The certification of closure does not relieve
an operator of any liabilities from the carbon sequestration
activity or carbon sequestration facility.
(415 ILCS 5/59.10 new)
Sec. 59.10. Financial assurance.
(a) The owner or operator of a sequestration activity
permitted in accordance with this Act shall maintain financial
assurance in an amount equal to or greater than the cost
estimate calculated in accordance with paragraph (11) of
Section 59.6.
(b) The owner or operator of the sequestration activity
must use one or a combination of the following mechanisms as
financial assurance:
(1) a fully funded trust fund;
(2) a surety bond guaranteeing payment;
(3) a surety bond guaranteeing performance; or
(4) an irrevocable letter of credit.
(c) The financial assurance mechanism must identify the
Agency as the sole beneficiary.
(d) The financial assurance mechanism shall be on forms
adopted by the Agency. The Agency must adopt these forms
within 90 days of the date of the effective date of this
amendatory Act of the 103rd General Assembly.
(e) The Agency shall release a trustee, surety, or other
financial institution holding a financial assurance mechanism
when:
(1) the owner or operator of a carbon sequestration
activity substitutes alternative financial assurance such
that the total financial assurance for the site is equal
to or greater than the current cost estimate, without
counting the amounts to be released; or
(2) the Agency determines that the owner or operator
is no longer required to maintain a permit.
(f) The Agency may enter into contracts and agreements it
deems necessary to carry out the purposes of this Section,
including, but not limited to, interagency agreements with the
Illinois State Geological Survey, the Department of Natural
Resources, or other agencies of the State. Neither the State
nor any State employee shall be liable for any damages or
injuries arising out of or resulting from any action taken
under paragraph (11) of Section 59.6.
(g) The Agency may order that a permit holder modify the
financial assurance or order that proceeds from financial
assurance be applied to the remedial action at or closure of an
injection site. The Agency may pursue legal action in any
court of competent jurisdiction to enforce its rights under
financial instruments used to provide the financial assurance
required under Section 59.10.
(h) An owner or operator of a carbon sequestration
activity permitted in accordance with this Act that has a
closure plan approved by United States Environmental
Protection Agency in accordance with 40 CFR 146.93 may satisfy
the financial assurance requirements for any portion of the
cost estimates for closure costs required by the Agency by
submitting to the Agency true copies of the financial
assurance mechanism required by 40 CFR 146.85, if those
mechanisms are compliant with Section 59.10.
(415 ILCS 5/59.11 new)
Sec. 59.11. Insurance.
(a) The owner or operator of a carbon sequestration
facility permitted in accordance with this Act shall maintain
insurance to cover wrongful death, bodily injuries, property
damages, and public or private losses related to a release
from the carbon sequestration facility from an insurer holding
at least an A- rating by an AM Best or equivalent credit rating
agency. Such insurance shall be in an amount of at least
$25,000,000.
(b) The owner or operator of a carbon sequestration
activity permitted in accordance with this Act must maintain
insurance required by this Section throughout the period
during which carbon dioxide is injected into the sequestration
site, throughout the post-injection time frame, and until the
Agency certifies that the carbon sequestration facility is
closed.
(c) The insurance policy must provide that the insurer may
not cancel or terminate, except for failure to pay the
premium.
(d) The insurance policy must allow for assignment to a
successor owner or operator. The insurer shall not
unreasonably withhold consent to assignment of the insurance
policy.
(415 ILCS 5/59.12 new)
Sec. 59.12. Ownership of carbon dioxide; liability.
(a) The owner or operator of a sequestration activity
permitted in accordance with this Act may be subject to
liability for any and all damage, including, but not limited
to, wrongful death, bodily injuries, or tangible property
damages, caused by a release attributable to the sequestration
activity, including, but not limited to, damage caused by
carbon dioxide or other fluids released from the sequestration
facility, regardless of who holds title to the carbon dioxide,
the pore space, or the surface estate.
Liability for damage caused by a release attributable to
the sequestration activity that is within a sequestration
facility or otherwise within a sequestration operator's
control, including carbon dioxide being transferred from a
pipeline to the injection well, may be joint and several with a
third party adjudicated to have caused or contributed to such
damage.
A claim of subsurface trespass shall not be actionable
against an owner of operator of a sequestration facility
conducting carbon sequestration activity in accordance with a
valid Class VI permit and a permit issued by the Agency for a
sequestration facility, unless the claimant proves that
injection or migration of carbon dioxide:
(1) substantially interferes with the claimant's
reasonable use and enjoyment of their real property; or
(2) has caused wrongful death or direct physical
injury to a person, an animal, or tangible property.
The State shall not be liable for any damage caused by or
attributable to the sequestration activity.
(b) The owner or operator of a sequestration activity
permitted in accordance with this Act is liable for any and all
damage that may result from equipment associated with carbon
sequestration, including, but not limited to, operation of the
equipment. Liability for harms or damage resulting from
equipment associated with carbon sequestration, including
equipment used to transfer carbon dioxide from the pipeline to
the injection well, may be joint and several with a third party
adjudicated to have caused or contributed to such damage.
(c) Title to carbon dioxide sequestered in this State
shall be vested in the operator of the sequestration facility.
Sequestered carbon dioxide is a separate property independent
of the sequestration pore space.
(415 ILCS 5/59.13 new)
Sec. 59.13. Carbon Sequestration Long-Term Trust Fund. The
Carbon Dioxide Sequestration Long-Term Trust Fund is hereby
created as a State trust fund in the State treasury. The Fund
may receive deposits of moneys made available from any source.
All moneys in the Fund are to be invested and reinvested by the
State Treasurer. All interest accruing from these investments
shall be deposited into the Fund to be used under the
provisions of this Section. Moneys in the Fund may be used by
the Agency to cover costs incurred to:
(1) take any remedial or corrective action necessary
to protect human health and the environment from releases,
or threatened releases, from a sequestration facility;
(2) monitor, inspect, or take other action if the
sequestration operator abandons a sequestration facility
or injection site, or fails to maintain its obligations
under this Act;
(3) compensate any person suffering any damages or
losses to a person or property caused by a release from a
sequestration facility or carbon dioxide pipeline who is
not otherwise compensated from the sequestration operator;
or
(4) any other applicable costs under the Act.
Nothing in this Section relieves a sequestration operator
from its obligations under this Act, from its liability under
Section 59.12, or its obligations to maintain insurance and
financial assurances under Sections 59.10 and 59.11.
(415 ILCS 5/59.14 new)
Sec. 59.14. Water Resources Fund. The Water Resources Fund
is hereby created as a special fund in the State treasury to be
administered by the Department of Natural Resources. The Fund
shall be used by the Department of Natural Resources for
administrative costs under obligations under the Water Use Act
of 1983, the Environmental Protection Act, or related
statutes, including, but not limited to, reviewing water use
plans and providing technical assistance to entities for water
resource planning.
(415 ILCS 5/59.15 new)
Sec. 59.15. Environmental Justice Grant Fund. The
Environmental Justice Grant Fund is hereby created as a
special fund in the State treasury to be administered by the
Agency. The Fund shall be used by the Agency to make grants to
eligible entities, including, but not limited to, units of
local government, community-based nonprofits, and eligible
organizations representing areas of environmental justice
concern, to fund environmental projects benefiting areas of
the State that are disproportionately burdened by
environmental harms. Eligible projects include, but are not
limited to, water infrastructure improvements, energy
efficiency projects, and transportation decarbonization
projects.
(415 ILCS 5/59.16 new)
Sec. 59.16. Carbon Dioxide Sequestration Administrative
Fund. The Carbon Dioxide Sequestration Administrative Fund is
hereby created as a special fund within the State treasury to
be administered by the Agency. Moneys in the fund may be used:
(1) for Agency administrative costs incurred for the
regulation and oversight of sequestration facilities
during their construction, operation, and post-injection
phases; and
(2) to transfer moneys to funds outlined in Sections
59.13, 59.14, and 59.15 for the purpose of implementing
and enforcing the Act.
The Fund may receive deposits of moneys made available
from any source, including, but not limited to, fees, fines,
and penalties collected under this Act, investment income, and
moneys deposited or transferred into the Fund.
(415 ILCS 5/59.17 new)
Sec. 59.17. Sequestration annual tonnage fee.
(a) Beginning July 1, 2025, and each July 1 thereafter,
each sequestration operator shall report to the Agency the
tons of carbon dioxide injected in the prior 12 months.
(b) If the sequestration operator does not possess a
project labor agreement, the sequestration operator shall be
assessed a per-ton sequestration fee of $0.62.
(c) If the sequestration operator does possess a project
labor agreement, the sequestration operator shall be assessed
a per-ton sequestration fee of $0.31.
(d) The fee assessed to the sequestration operator under
subsection (b) shall be reduced to $0.31 for every ton of
carbon dioxide injected into a sequestration facility in that
fiscal year if the sequestration operator successfully
demonstrates to the Department that the following types of
construction and maintenance were conducted in the State
during that fiscal year by the sequestration operator and were
performed by contractors and subcontractors signatory to a
project labor agreement used by the building and construction
trades council with relevant geographic jurisdiction:
(1) construction and maintenance of equipment
associated with the capture of carbon dioxide, including,
but not limited to, all clearing, site preparation,
concrete, equipment, and appurtenance installation;
(2) construction and maintenance of carbon dioxide
pipelines used to transport carbon dioxide streams to the
sequestration facility, including, but not limited to, all
clearing, site preparation, and site remediation. For
purposes of this paragraph (2), a national multi-craft
project labor agreement governing pipeline construction
and maintenance used in the performance of the work
described in this subsection shall satisfy the project
labor agreement requirement;
(3) construction and maintenance of compressor
stations used to assist in the transport of carbon dioxide
streams via carbon dioxide pipeline, including, but not
limited to, all clearing, site preparation, concrete,
equipment, and appurtenance installation; and
(4) construction of carbon dioxide injection wells
used at the sequestration facility, including, but not
limited to, all clearing, site preparation, drilling,
distribution piping, concrete, equipment, and appurtenance
installation.
(e) Sequestration fees shall be deposited into the Carbon
Dioxide Sequestration Administrative Fund.
(f) The per-ton fee for carbon dioxide injected shall be
increased by an amount equal to the percentage increase, if
any, in the Consumer Price Index for All Urban Consumers for
all items published by the United States Department of Labor
for the 12 months ending in March of the year in which the
increase takes place. The rate shall be rounded to the nearest
one-hundredth of one cent.
(g) For the fiscal year beginning July 1, 2025, and each
fiscal year thereafter, at the direction of the Agency, in
consultation with the Illinois Emergency Management Agency and
Office of Homeland Security, and the Department of Natural
Resources, the State Comptroller shall direct and the State
Treasurer shall transfer from the Carbon Dioxide Sequestration
Administrative Fund the following percentages of the amounts
collected under this Act by the Agency during the previous
fiscal year:
(1) 2% to the Water Resources Fund;
(2) 6% to the Oil and Gas Resource Management Fund;
(3) 20% to the Emergency Planning and Training Fund;
(4) 28% to the Carbon Dioxide Sequestration Long-Term
Trust Fund;
(5) 10% to the General Revenue Fund; and
(6) 24% to the Environmental Justice Grant Fund.
Section 97. Severability. The provisions of this Act are
severable under Section 1.31 of the Statute on Statutes.