IL
Illinois Senate Bill SB1289

Illinois 2023-2024 Regular Session

Illinois Senate Bill SB1289 Compare Versions

OldNewDifferences
1-Public Act 103-0651
21 SB1289 EnrolledLRB103 05989 BMS 51011 b SB1289 Enrolled LRB103 05989 BMS 51011 b
32 SB1289 Enrolled LRB103 05989 BMS 51011 b
4-AN ACT concerning regulation.
5-Be it enacted by the People of the State of Illinois,
6-represented in the General Assembly:
7-Section 1. Short title; references to Act.
8-(a) This Act may be cited as the Safety and Aid for the
9-Environment in Carbon Capture and Sequestration Act.
10-(b) This Act may be referred to as the SAFE CCS Act.
11-Section 5. Definitions. As used in this Act:
12-"Carbon dioxide sequestration reservoir" means a portion
13-of a sedimentary geologic stratum or formation containing pore
14-space, including, but not limited to, depleted reservoirs and
15-saline formations, that is suitable for the injection and
16-permanent storage of carbon dioxide.
17-"Nonconsenting pore space owner" means a titleholder, as
18-identified in the deed, of any surface estate that overlies
19-pore space proposed to be used for sequestration of carbon
20-dioxide, who does not consent to the use of their pore space
21-for the sequestration of carbon dioxide.
22-"Pore space" means the portion of geologic media that
23-contains gas or fluid, including, but not limited to, oil or
24-water, and that can be used to store carbon dioxide. "Pore
25-space" also includes solution-mined cavities.
26-"Pore space owner" means the person who has title to a pore
3+1 AN ACT concerning regulation.
4+2 Be it enacted by the People of the State of Illinois,
5+3 represented in the General Assembly:
6+4 Section 1. Short title; references to Act.
7+5 (a) This Act may be cited as the Safety and Aid for the
8+6 Environment in Carbon Capture and Sequestration Act.
9+7 (b) This Act may be referred to as the SAFE CCS Act.
10+8 Section 5. Definitions. As used in this Act:
11+9 "Carbon dioxide sequestration reservoir" means a portion
12+10 of a sedimentary geologic stratum or formation containing pore
13+11 space, including, but not limited to, depleted reservoirs and
14+12 saline formations, that is suitable for the injection and
15+13 permanent storage of carbon dioxide.
16+14 "Nonconsenting pore space owner" means a titleholder, as
17+15 identified in the deed, of any surface estate that overlies
18+16 pore space proposed to be used for sequestration of carbon
19+17 dioxide, who does not consent to the use of their pore space
20+18 for the sequestration of carbon dioxide.
21+19 "Pore space" means the portion of geologic media that
22+20 contains gas or fluid, including, but not limited to, oil or
23+21 water, and that can be used to store carbon dioxide. "Pore
24+22 space" also includes solution-mined cavities.
25+23 "Pore space owner" means the person who has title to a pore
2726
2827
2928
3029 SB1289 Enrolled LRB103 05989 BMS 51011 b
3130
3231
33-space.
34-"Sequestration facility" means the carbon dioxide
35-sequestration reservoir, underground equipment, including, but
36-not limited to, well penetrations, and surface facilities and
37-equipment used or proposed to be used in a geologic storage
38-operation. "Sequestration facility" includes each injection
39-well and equipment used to connect the surface facility and
40-equipment to the carbon dioxide sequestration reservoir and
41-underground equipment. "Sequestration facility" does not
42-include pipelines used to transport carbon dioxide to a
43-sequestration facility.
44-Section 10. Ownership and conveyance of pore space.
45-(a) Title to pore space belongs to and is vested in the
46-surface owner of the surface estate.
47-(b) A conveyance of title to a surface estate conveys
48-title to the pore space in all strata underlying the surface
49-estate.
50-(c) Title to pore space may not be severed from title to
51-the surface estate. A grant of easement or lease for use of
52-pore space is not a severance prohibited under this
53-subsection.
54-(d) A grant of easement or lease for use of pore space
55-shall not confer any right to enter upon or otherwise use the
56-surface of the land unless the grant of easement or lease
57-expressly so provides that right.
58-
59-
60-(e) Any grant of easement for use of pore space or pore
61-space lease abstract shall be recorded in the same manner as
62-easements of real estate. If the holder of an easement or lease
63-of pore space withdraws or is denied a permit for
64-sequestration of carbon dioxide under Section 59.6 of the
65-Environmental Protection Act, including, but not limited to,
66-the disapproval of financial assurance under subsection (e) of
67-Section 22.64 of the Environmental Protection Act, the owner
68-of the surface estate shall have the right to have the title or
69-interest returned for any amounts paid to the holder of the
70-easement or lease.
71-(f) Nothing in this Section shall be construed to change
72-or alter the common law existing as of the effective date of
73-this Act as it relates to the rights belonging to, or the
74-dominance of, the mineral estate.
75-Section 15. Integration and unitization of ownership
76-interests.
77-(a) If at least 2 pore space owners own pore space located
78-within a proposed sequestration facility, the owners may agree
79-to integrate the owners' interests to develop the pore space
80-as a proposed sequestration facility for the underground
81-sequestration of carbon dioxide.
82-(b) If all of the pore space owners within a proposed or
83-permitted sequestration facility do not agree to integrate the
84-pore space owners' interests, the sequestration operator may
85-
86-
87-petition the Department of Natural Resources to issue an order
88-requiring the pore space owners to integrate their interests
89-and authorizing the sequestration operator or sequestration
90-facility permit holder to develop and use the integrated pore
91-space as a sequestration facility for carbon sequestration.
92-Such an order for unitization and integration of pore space
93-may only be issued if the sequestration operator has obtained
94-the rights from pore space owners of pore space underlying at
95-least 75% of the surface area above the proposed sequestration
96-facility. The petition shall include, but is not limited to:
97-(1) the name and address of the petitioners;
98-(2) the property index numbers or legal descriptions
99-for the parcels of property and a geologic description of
100-the pore space within the proposed or permitted
101-sequestration facility;
102-(3) a disclosure of any parcels of property overlying
103-the pore space to be integrated, identified by property
104-index numbers or legal descriptions, in which the
105-applicant, any of its owners, officers, corporate
106-subsidiaries, or parents, sister companies, or affiliates,
107-at the time of submission of the application or within 10
108-years prior to the submission of the application, have or
109-had any real or personal interest, whether direct or
110-indirect;
111-(4) the names and addresses of all pore space owners
112-owning property within the proposed or permitted
113-
114-
115-sequestration facility as disclosed by the records of the
116-office of the recorder for the county or counties in which
117-the proposed or permitted sequestration facility is
118-situated and a list of consenting and nonconsenting pore
119-space owners, as well as a list of all properties for which
120-a pore space owner is unknown or nonlocatable;
121-(5) a statement that the petitioner has exercised due
122-diligence to locate each pore space owner and to seek an
123-agreement with each for pore space rights for the
124-sequestration facility, including a description of the
125-good faith efforts taken to identify, contact, and
126-negotiate with each nonconsenting pore space owner;
127-(6) a statement of the type of operations for the
128-proposed or permitted sequestration facility;
129-(7) a plan for determining the quantity of pore space
130-sequestration capacity to be assigned to each separately
131-owned parcel of property based on the surface area acreage
132-overlying the proposed or permitted sequestration facility
133-and for using the surface for Class VI well permit
134-required activities under Section 35;
135-(8) the method by which pore space owners will be
136-compensated for use of the pore space, and a copy of all
137-agreements entered into with consenting pore space owners
138-regarding the compensation paid to a consenting pore space
139-owner;
140-(9) the method by which nonconsenting pore space
141-
142-
143-owners will receive just compensation; and
144-(10) a nonrefundable application fee of $250,000.
145-The application fee shall be deposited into the Oil and
146-Gas Resource Management Fund for the Department of Natural
147-Resources' costs related to administration of this Act.
148-(c) If the petition for a unitization order concerns
149-unknown or nonlocatable pore space owners, the applicant shall
150-provide public notice once a week for 2 consecutive weeks in
151-the newspaper of the largest circulation in each county in
152-which the proposed sequestration facility is located within 30
153-days prior to submission of the petition for a unitization and
154-integration order. The petitioner shall file proof of such
155-notice with the Department of Natural Resources with the
156-petition. The petitioner shall also provide public notice of
157-the public hearing described in subsection (d) in the same
158-manner within 30 days prior to the hearing on the petition for
159-a unitization order. The petitioner shall also send notice of
160-the filing of the petition and the notice of the public hearing
161-via certified mail to the last known address of each
162-nonlocatable pore space owner and provide copies of those
163-notices to the Department of Natural Resources. The notice
164-shall:
165-(1) state that a petition for a unitization and
166-integration order has been filed with the Department of
167-Natural Resources;
168-(2) describe the formation or formations and pore
169-
170-
171-space proposed to be unitized;
172-(3) in the case of an unknown pore space owner,
173-indicate the name of the last known pore space owner;
174-(4) in the case of a nonlocatable pore space owner,
175-identify the pore space owner and the owner's last known
176-address; and
177-(5) state that any person claiming an interest in the
178-properties proposed to be unitized should notify the
179-operator of the proposed sequestration facility at the
180-published address within 20 days of the publication date.
181-Unknown or nonlocatable pore space owners that have not
182-claimed an interest by the time of the Department of Natural
183-Resources' public notice in subsection (d) shall be deemed to
184-have consented to unitization and integration of their pore
185-space.
186-(d) Prior to issuing an order to unitize and integrate
187-pore space, the Department of Natural Resources shall issue a
188-public notice of the petition and shall hold a public hearing
189-on the petition. The public notice shall include copies of the
190-petition and all included attachments that are not protected
191-under the Freedom of Information Act. The public notice shall
192-include an opportunity for public comments and shall contain
193-the date, time, and location of the public hearing as decided
194-by the Department. At the public hearing, the Department shall
195-allow interested persons to present views and comments on the
196-petition. The hearings must be open to the public and recorded
197-
198-
199-by stenographic or mechanical means. The Department of Natural
200-Resources will make available on its website copies of all
201-comments received.
202-(e) The Department of Natural Resources shall issue an
203-order unitizing and integrating pore space under subsection
204-(b) within 60 days after the hearing upon a showing that:
205-(1) the petitioner has obtained a Class VI well permit
206-or, if the well permit application is still pending at
207-least one year from the date the petition has been filed,
208-that the petitioner has received a Finding of
209-Administrative Completeness from the United States
210-Environmental Protection Agency;
211-(2) the petitioner has made a good faith effort to
212-seek an agreement with all pore space owners located
213-within the proposed or permitted sequestration facility;
214-(3) the petitioner has obtained the rights from pore
215-space owners of at least 75% of the surface area above the
216-proposed sequestration facility; and
217-(4) all nonconsenting pore space owners have received
218-or will receive just compensation for use of the pore
219-space and use of the surface for Class VI well permit
220-required activities. Additionally, such compensation shall
221-be no less than the average total payment package,
222-considered as a whole with respect to an individual owner,
223-provided in agreements during the previous 365 days to
224-similarly situated consenting pore space owners. Such
225-
226-
227-compensation shall exclude any incentives, such as signing
228-bonuses, provided to consenting pore space owners prior to
229-the initiation of injection. Such compensation shall
230-include any operations term or injection term payments
231-made upon or after the initiation of injection provided to
232-consenting pore space owners in consideration of allowing
233-use of their pore space for sequestration of carbon
234-dioxide. In determining if pore space owners are similarly
235-situated, the Department of Natural Resources shall take
236-into account: the size, location, and proximity of the
237-pore space; the geologic characteristics of the pore
238-space; the restrictions on the use of the surface; the
239-actual use of the surface; the relevant law applicable at
240-the time the consenting pore space agreement was signed;
241-title defects and title warranties; the proximity of the
242-pore space owners' property to any carbon sequestration
243-infrastructure on the surface; whether the injection
244-interferes with any known mineral rights; and the fair
245-market value of pore space when entering into a commercial
246-contract. When evaluating the compensation provided to a
247-similarly situated pore space owner, the Department of
248-Natural Resources shall exclude any compensation provided
249-to a pore space owner of a property identified by the
250-applicant in paragraph (3) of subsection (b) and any
251-compensation that was not provided as part of an arm's
252-length transaction.
253-
254-
255-Unknown or nonlocatable pore space owners shall also
256-receive just compensation in the same manner as provided
257-to the other nonconsenting pore space owners that must be
258-held in a separate escrow account for 20 years for future
259-payment to the previously unknown or nonlocatable pore
260-space owner upon discovery of that owner. After 20 years,
261-the compensation shall be transferred to the State
262-Treasurer under the Revised Uniform Unclaimed Property
263-Act.
264-(f) The Department of Natural Resources' order for
265-unitization and integration of pore space under this Section
266-is not effective until the petitioner has been issued a Class
267-VI well permit from the United States Environmental Protection
268-Agency and the carbon sequestration permit from the Illinois
269-Environmental Protection Agency.
270-(g) An order for integration and unitization under this
271-Section shall: provide for the unitization of the pore space
272-identified in the petition; authorize the integration of pore
273-space of nonconsenting pore space owners in the pore space
274-identified; provide for who may unitize the pore space to
275-establish a sequestration facility to be permitted by the
276-Illinois Environmental Protection Agency; and make provision
277-for payment of just compensation to nonconsenting pore space
278-owner under the integration order.
279-(h) A petitioner shall provide a copy of any order for
280-unitization and integration of pore space to the Illinois
281-
282-
283-Environmental Protection Agency.
284-(i) If groundwater monitoring required by a Class VI
285-permit indicates that the source of drinking water has been
286-rendered unsafe to drink or to provide to livestock, the
287-sequestration operator shall provide an alternate supply of
288-potable drinking water within 24 hours of the monitoring
289-results becoming available and an alternate supply of water
290-that is safe for other uses necessary within 30 days of the
291-monitoring results becoming available. The alternate supplies
292-of both potable water and water that is safe for other uses
293-shall continue until additional monitoring by the
294-sequestration operator shows that the water is safe for
295-drinking and other uses.
296-(j) After an order for unitization and integration of pore
297-space is issued, the petitioner shall request that the
298-Department of Natural Resources issue separate orders
299-establishing the amount of just compensation to be provided to
300-each nonconsenting pore space owner. When submitting this
301-request, the petitioner shall provide information
302-demonstrating the good faith efforts taken to negotiate an
303-agreement with the nonconsenting pore space owner, including,
304-but not limited to, the number and extent of the petitioner's
305-contacts with the pore space owner, whether the petitioner
306-explained the compensation offer to the pore space owner,
307-whether the compensation offer was comparable to similarly
308-situated pore space owners, what efforts were made to address
309-
310-
311-the pore space owner's concerns, and the likelihood that
312-further negotiations would be successful. All orders requiring
313-the provision of just compensation shall be made after notice
314-and hearing in which the Department of Natural Resources shall
315-determine the appropriate amount of just compensation to be
316-provided to each nonconsenting pore space owner as described
317-in this Section. The Department shall adopt reasonable rules
318-governing such hearings as may be necessary. In such a
319-hearing, the burden shall be on the petitioner to prove the
320-appropriate amount of just compensation consistent with this
321-Section. Both the petitioner and the pore space owner shall be
322-permitted to provide testimony and evidence regarding the
323-appropriateness of the amount of just compensation proposed by
324-the sequestration operator. An order by the Department of
325-Natural Resources establishing the appropriate amount of just
326-compensation to be provided to a nonconsenting pore space
327-owner shall be a final agency decision subject to judicial
328-review under the Administrative Review Law. Such proceedings
329-for judicial review may be commenced in the circuit court of
330-the county in which any part of the pore space is situated. The
331-Department of Natural Resources shall not be required to
332-certify any record to the court or file any answer in court or
333-otherwise appear in any court in a judicial review proceeding,
334-unless there is filed in the court with the complaint a receipt
335-from the Department of Natural Resources acknowledging payment
336-of the costs of furnishing and certifying the record. Failure
337-
338-
339-on the part of the plaintiff to file such receipt in court
340-shall be grounds for dismissal of the action.
341-Section 20. Surface access for pore space owners.
342-(a) If a sequestration operator must enter upon the
343-surface property of an affected pore space owner to comply
344-with Class VI well permit requirements or carbon sequestration
345-activity permit requirements for the purposes of monitoring a
346-sequestration facility or to respond to an emergency causing
347-immediate risk to human health, environmental resources, or
348-infrastructure, the sequestration operator must undertake such
349-activities in such a way as to minimize the impact to the
350-surface of the parcel of property and to ensure that the
351-following requirements are met:
352-(1) The required actions under the Class VI well
353-permit or carbon sequestration activity permit shall be
354-limited to surface monitoring activities, such as
355-geophysical surveys, but does not include the installation
356-of surface infrastructure except as provided in paragraphs
357-(2) and (3).
358-(2) Shallow groundwater monitoring wells shall be
359-allowed to be installed on such property only if the
360-carbon dioxide plume may have unexpectedly migrated and
361-the United States Environmental Protection Agency or the
362-Illinois Environmental Protection Agency requires
363-monitoring of groundwater for potential carbon dioxide
364-
365-
366-impact.
367-(3) Injection wells, deep monitoring wells, and
368-surface infrastructure other than shallow groundwater
369-monitoring wells as allowed by paragraph (2) will not be
370-located on the parcel of property of an affected pore
371-space owner without the express written consent of such
372-owner.
373-(b) Except in an emergency causing immediate risk to human
374-health, environmental resources, or infrastructure, a
375-sequestration operator shall not enter upon the surface
376-property for purposes of undertaking required activities under
377-a Class VI well permit or carbon sequestration permit of any
378-affected pore space owner until 30 days after providing
379-written notice to the affected pore space owner by registered
380-mail and after providing a second notice to the pore space
381-owner of record, as identified in the records of the relevant
382-county tax assessor, by telephone or email or by registered
383-mail in the event the property owner has not been notified by
384-other means, at least 3 days, but not more than 15 days, prior
385-to the stated date in the notice, identifying the date when
386-access will first begin on the owner's property and informing
387-the affected pore space owner that the owner or the owner's
388-agent may be present when the access occurs.
389-Section 25. Compensation for damages to the surface.
390-(a) An affected pore space owner is entitled to reasonable
391-
392-
393-compensation from the sequestration operator for damages
394-resulting from surface access to the affected pore space
395-owner's property for required activities taken under a Class
396-VI well permit or carbon sequestration activity permit,
397-including:
398-(1) compensation for damage to growing crops, trees,
399-shrubs, fences, roads, structures, improvements, personal
400-property, and livestock thereon and compensation for the
401-loss of the value of a commercial crop impacted by
402-required activities taken by a sequestration operator
403-under a Class VI well permit or carbon sequestration
404-activity permit; the value of the crop shall be calculated
405-based on local market price by:
406-(A) determining the average per acre yield for the
407-same crop on comparable adjacent acreage;
408-(B) determining the price received for the sale of
409-the same crop on comparable adjacent acreage;
410-(C) determining the acreage of the area impacted
411-by Class VI well permit activities and applying the
412-determined price; and
413-(D) the initial determination of the value of the
414-crop shall be determined by the affected pore space
415-owner and submitted to the sequestration operator;
416-(2) compensation to return the surface estate,
417-including soil conservation practices, such as terraces,
418-grassed waterways, and other conservation practices, to a
419-
420-
421-condition as near as practicable to the condition of the
422-surface prior to accessing the property;
423-(3) compensation for damage to the productive
424-capability of the soil resulting from compaction or
425-rutting, including, but not limited to, compensation for
426-when a sequestration operator accesses a property where
427-excessively wet soil conditions would not allow normal
428-farming operations due to increased risk of soil erosion,
429-rutting, or compaction; if there is a dispute between the
430-sequestration operator and the affected pore space owner
431-regarding the value of the damage to the productive
432-capability of the soil, the sequestration operator shall
433-consult with a representative of the soil and water
434-conservation district in the respective county where the
435-parcel of property is located for recommendations to
436-restore the productive capability of the soil; and
437-(4) compensation for damage to surface and subsurface
438-drainage, including, but not limited to:
439-(A) compensation in that the sequestration
440-operator shall perform immediate and temporary repairs
441-for damage that occurs to subsurface drainage tiles
442-that have water actively flowing through them at the
443-time of damage; and
444-(B) compensation such that the sequestration
445-operator shall compensate the affected pore space
446-owner to permanently restore drainage to a condition
447-
448-
449-as near as practicable to the condition of the
450-drainage prior to accessing the property.
451-(b) The compensation for damages required by subsection
452-(a) shall be paid in any manner mutually agreed upon by the
453-sequestration operator and the affected pore space owners.
454-Unless otherwise agreed, the sequestration operator shall
455-tender to the surface owner payment by check or draft in
456-accordance with this Section 45 no later than 60 days after
457-completing the required activities under a Class VI well
458-permit or carbon sequestration permit if the occurrence or
459-value of damages is not disputed. The pore space owner's
460-remedy for unpaid or disputed compensation shall be an action
461-for damages in any court of competent jurisdiction for the
462-parcel of property or the greater part thereof on which the
463-activities were conducted and shall be entitled to recover
464-reasonable damages and attorney's fees if the pore space owner
465-prevails.
466-Section 30. Additional landowner rights.
467-(a) Any carbon dioxide injection well or deep monitoring
468-well authorized by the United States Environmental Protection
469-Agency through a valid UIC Class VI permit must adhere to the
470-new well set back requirements of 62 Ill. Adm. Code
471-240.410(f).
472-(b) If there is a significant leak of carbon dioxide from
473-an injection well, monitoring well, or other point on the
474-
475-
476-surface, which is associated with carbon sequestration
477-activity, all landowners shall be entitled to medical
478-monitoring of a scope and duration to be determined by the
479-Department of Public Health at the expense of the carbon
480-dioxide sequestration facility operator.
481-(c) Prior to the commencement of carbon dioxide injection,
482-the sequestration operator shall inform, via certified mail,
483-each property owner overlying the carbon sequestration
484-facility of the opportunity to request from the sequestration
485-operator an accurate, well-functioning carbon dioxide monitor,
486-which the sequestration operator shall provide to the property
487-owner within 30 days of receiving a written request.
488-(d) If monitoring conducted pursuant to United States
489-Environmental Protection Agency or Illinois Environmental
490-Protection Agency requirements shows that carbon dioxide has
491-migrated into the pore space of a pore space owner not
492-previously included within an application or order integrating
493-pore space, the sequestration operator shall, within 14 days,
494-notify that pore space owner of the migration and of the
495-opportunity to petition the Department of Natural Resources
496-for inclusion in the integrated area. If the pore space owner
497-submits such a petition, the sequestration operator shall
498-provide to the Department of Natural Resources, for its
499-consideration of the petition, the monitoring information
500-showing the migration of the carbon dioxide into the pore
501-space of the pore space owner at issue. The Department of
502-
503-
504-Natural Resources shall grant such a petition if it determines
505-that stored carbon dioxide from a permitted sequestration
506-facility is physically present in the pore space owned by the
507-pore space owner. If the Department of Natural Resources
508-grants the petition for inclusion in the integrated area and
509-the pore space owner has not entered into an agreement with the
510-sequestration operator for use of the pore space, the pore
511-space owner shall be considered a nonconsenting pore space
512-owner entitled to just compensation.
513-Section 35. The Illinois Emergency Management Agency Act
514-is amended by changing Section 5 as follows:
515-(20 ILCS 3305/5) (from Ch. 127, par. 1055)
516-Sec. 5. Illinois Emergency Management Agency.
517-(a) There is created within the executive branch of the
518-State Government an Illinois Emergency Management Agency and a
519-Director of the Illinois Emergency Management Agency, herein
520-called the "Director" who shall be the head thereof. The
521-Director shall be appointed by the Governor, with the advice
522-and consent of the Senate, and shall serve for a term of 2
523-years beginning on the third Monday in January of the
524-odd-numbered year, and until a successor is appointed and has
525-qualified; except that the term of the first Director
526-appointed under this Act shall expire on the third Monday in
527-January, 1989. The Director shall not hold any other
528-
529-
530-remunerative public office. For terms beginning after January
531-18, 2019 (the effective date of Public Act 100-1179) and
532-before January 16, 2023, the annual salary of the Director
533-shall be as provided in Section 5-300 of the Civil
534-Administrative Code of Illinois. Notwithstanding any other
535-provision of law, for terms beginning on or after January 16,
536-2023, the Director shall receive an annual salary of $180,000
537-or as set by the Governor, whichever is higher. On July 1,
538-2023, and on each July 1 thereafter, the Director shall
539-receive an increase in salary based on a cost of living
540-adjustment as authorized by Senate Joint Resolution 192 of the
541-86th General Assembly.
542-For terms beginning on or after January 16, 2023, the
543-Assistant Director of the Illinois Emergency Management Agency
544-shall receive an annual salary of $156,600 or as set by the
545-Governor, whichever is higher. On July 1, 2023, and on each
546-July 1 thereafter, the Assistant Director shall receive an
547-increase in salary based on a cost of living adjustment as
548-authorized by Senate Joint Resolution 192 of the 86th General
549-Assembly.
550-(b) The Illinois Emergency Management Agency shall obtain,
551-under the provisions of the Personnel Code, technical,
552-clerical, stenographic and other administrative personnel, and
553-may make expenditures within the appropriation therefor as may
554-be necessary to carry out the purpose of this Act. The agency
555-created by this Act is intended to be a successor to the agency
556-
557-
558-created under the Illinois Emergency Services and Disaster
559-Agency Act of 1975 and the personnel, equipment, records, and
560-appropriations of that agency are transferred to the successor
561-agency as of June 30, 1988 (the effective date of this Act).
562-(c) The Director, subject to the direction and control of
563-the Governor, shall be the executive head of the Illinois
564-Emergency Management Agency and the State Emergency Response
565-Commission and shall be responsible under the direction of the
566-Governor, for carrying out the program for emergency
567-management of this State. The Director shall also maintain
568-liaison and cooperate with the emergency management
569-organizations of this State and other states and of the
570-federal government.
571-(d) The Illinois Emergency Management Agency shall take an
572-integral part in the development and revision of political
573-subdivision emergency operations plans prepared under
574-paragraph (f) of Section 10. To this end it shall employ or
575-otherwise secure the services of professional and technical
576-personnel capable of providing expert assistance to the
577-emergency services and disaster agencies. These personnel
578-shall consult with emergency services and disaster agencies on
579-a regular basis and shall make field examinations of the
580-areas, circumstances, and conditions that particular political
581-subdivision emergency operations plans are intended to apply.
582-(e) The Illinois Emergency Management Agency and political
583-subdivisions shall be encouraged to form an emergency
584-
585-
586-management advisory committee composed of private and public
587-personnel representing the emergency management phases of
588-mitigation, preparedness, response, and recovery. The Local
589-Emergency Planning Committee, as created under the Illinois
590-Emergency Planning and Community Right to Know Act, shall
591-serve as an advisory committee to the emergency services and
592-disaster agency or agencies serving within the boundaries of
593-that Local Emergency Planning Committee planning district for:
594-(1) the development of emergency operations plan
595-provisions for hazardous chemical emergencies; and
596-(2) the assessment of emergency response capabilities
597-related to hazardous chemical emergencies.
598-(f) The Illinois Emergency Management Agency shall:
599-(1) Coordinate the overall emergency management
600-program of the State.
601-(2) Cooperate with local governments, the federal
602-government, and any public or private agency or entity in
603-achieving any purpose of this Act and in implementing
604-emergency management programs for mitigation,
605-preparedness, response, and recovery.
606-(2.5) Develop a comprehensive emergency preparedness
607-and response plan for any nuclear accident in accordance
608-with Section 65 of the Nuclear Safety Law of 2004 and in
609-development of the Illinois Nuclear Safety Preparedness
610-program in accordance with Section 8 of the Illinois
611-Nuclear Safety Preparedness Act.
612-
613-
614-(2.6) Coordinate with the Department of Public Health
615-with respect to planning for and responding to public
616-health emergencies.
617-(3) Prepare, for issuance by the Governor, executive
618-orders, proclamations, and regulations as necessary or
619-appropriate in coping with disasters.
620-(4) Promulgate rules and requirements for political
621-subdivision emergency operations plans that are not
622-inconsistent with and are at least as stringent as
623-applicable federal laws and regulations.
624-(5) Review and approve, in accordance with Illinois
625-Emergency Management Agency rules, emergency operations
626-plans for those political subdivisions required to have an
627-emergency services and disaster agency pursuant to this
628-Act.
629-(5.5) Promulgate rules and requirements for the
630-political subdivision emergency management exercises,
631-including, but not limited to, exercises of the emergency
632-operations plans.
633-(5.10) Review, evaluate, and approve, in accordance
634-with Illinois Emergency Management Agency rules, political
635-subdivision emergency management exercises for those
636-political subdivisions required to have an emergency
637-services and disaster agency pursuant to this Act.
638-(6) Determine requirements of the State and its
639-political subdivisions for food, clothing, and other
640-
641-
642-necessities in event of a disaster.
643-(7) Establish a register of persons with types of
644-emergency management training and skills in mitigation,
645-preparedness, response, and recovery.
646-(8) Establish a register of government and private
647-response resources available for use in a disaster.
648-(9) Expand the Earthquake Awareness Program and its
649-efforts to distribute earthquake preparedness materials to
650-schools, political subdivisions, community groups, civic
651-organizations, and the media. Emphasis will be placed on
652-those areas of the State most at risk from an earthquake.
653-Maintain the list of all school districts, hospitals,
654-airports, power plants, including nuclear power plants,
655-lakes, dams, emergency response facilities of all types,
656-and all other major public or private structures which are
657-at the greatest risk of damage from earthquakes under
658-circumstances where the damage would cause subsequent harm
659-to the surrounding communities and residents.
660-(10) Disseminate all information, completely and
661-without delay, on water levels for rivers and streams and
662-any other data pertaining to potential flooding supplied
663-by the Division of Water Resources within the Department
664-of Natural Resources to all political subdivisions to the
665-maximum extent possible.
666-(11) Develop agreements, if feasible, with medical
667-supply and equipment firms to supply resources as are
668-
669-
670-necessary to respond to an earthquake or any other
671-disaster as defined in this Act. These resources will be
672-made available upon notifying the vendor of the disaster.
673-Payment for the resources will be in accordance with
674-Section 7 of this Act. The Illinois Department of Public
675-Health shall determine which resources will be required
676-and requested.
677-(11.5) In coordination with the Illinois State Police,
678-develop and implement a community outreach program to
679-promote awareness among the State's parents and children
680-of child abduction prevention and response.
681-(12) Out of funds appropriated for these purposes,
682-award capital and non-capital grants to Illinois hospitals
683-or health care facilities located outside of a city with a
684-population in excess of 1,000,000 to be used for purposes
685-that include, but are not limited to, preparing to respond
686-to mass casualties and disasters, maintaining and
687-improving patient safety and quality of care, and
688-protecting the confidentiality of patient information. No
689-single grant for a capital expenditure shall exceed
690-$300,000. No single grant for a non-capital expenditure
691-shall exceed $100,000. In awarding such grants, preference
692-shall be given to hospitals that serve a significant
693-number of Medicaid recipients, but do not qualify for
694-disproportionate share hospital adjustment payments under
695-the Illinois Public Aid Code. To receive such a grant, a
696-
697-
698-hospital or health care facility must provide funding of
699-at least 50% of the cost of the project for which the grant
700-is being requested. In awarding such grants the Illinois
701-Emergency Management Agency shall consider the
702-recommendations of the Illinois Hospital Association.
703-(13) Do all other things necessary, incidental or
704-appropriate for the implementation of this Act.
705-(g) The Illinois Emergency Management Agency is authorized
706-to make grants to various higher education institutions,
707-public K-12 school districts, area vocational centers as
708-designated by the State Board of Education, inter-district
709-special education cooperatives, regional safe schools, and
710-nonpublic K-12 schools for safety and security improvements.
711-For the purpose of this subsection (g), "higher education
712-institution" means a public university, a public community
713-college, or an independent, not-for-profit or for-profit
714-higher education institution located in this State. Grants
715-made under this subsection (g) shall be paid out of moneys
716-appropriated for that purpose from the Build Illinois Bond
717-Fund. The Illinois Emergency Management Agency shall adopt
718-rules to implement this subsection (g). These rules may
719-specify: (i) the manner of applying for grants; (ii) project
720-eligibility requirements; (iii) restrictions on the use of
721-grant moneys; (iv) the manner in which the various higher
722-education institutions must account for the use of grant
723-moneys; and (v) any other provision that the Illinois
724-
725-
726-Emergency Management Agency determines to be necessary or
727-useful for the administration of this subsection (g).
728-(g-5) The Illinois Emergency Management Agency is
729-authorized to make grants to not-for-profit organizations
730-which are exempt from federal income taxation under section
731-501(c)(3) of the Federal Internal Revenue Code for eligible
732-security improvements that assist the organization in
733-preventing, preparing for, or responding to threats, attacks,
734-or acts of terrorism. To be eligible for a grant under the
735-program, the Agency must determine that the organization is at
736-a high risk of being subject to threats, attacks, or acts of
737-terrorism based on the organization's profile, ideology,
738-mission, or beliefs. Eligible security improvements shall
739-include all eligible preparedness activities under the federal
740-Nonprofit Security Grant Program, including, but not limited
741-to, physical security upgrades, security training exercises,
742-preparedness training exercises, contracting with security
743-personnel, and any other security upgrades deemed eligible by
744-the Director. Eligible security improvements shall not
745-duplicate, in part or in whole, a project included under any
746-awarded federal grant or in a pending federal application. The
747-Director shall establish procedures and forms by which
748-applicants may apply for a grant and procedures for
749-distributing grants to recipients. Any security improvements
750-awarded shall remain at the physical property listed in the
751-grant application, unless authorized by Agency rule or
752-
753-
754-approved by the Agency in writing. The procedures shall
755-require each applicant to do the following:
756-(1) identify and substantiate prior or current
757-threats, attacks, or acts of terrorism against the
758-not-for-profit organization;
759-(2) indicate the symbolic or strategic value of one or
760-more sites that renders the site a possible target of a
761-threat, attack, or act of terrorism;
762-(3) discuss potential consequences to the organization
763-if the site is damaged, destroyed, or disrupted by a
764-threat, attack, or act of terrorism;
765-(4) describe how the grant will be used to integrate
766-organizational preparedness with broader State and local
767-preparedness efforts, as described by the Agency in each
768-Notice of Opportunity for Funding;
769-(5) submit (i) a vulnerability assessment conducted by
770-experienced security, law enforcement, or military
771-personnel, or conducted using an Agency-approved or
772-federal Nonprofit Security Grant Program self-assessment
773-tool, and (ii) a description of how the grant award will be
774-used to address the vulnerabilities identified in the
775-assessment; and
776-(6) submit any other relevant information as may be
777-required by the Director.
778-The Agency is authorized to use funds appropriated for the
779-grant program described in this subsection (g-5) to administer
780-
781-
782-the program. Any Agency Notice of Opportunity for Funding,
783-proposed or final rulemaking, guidance, training opportunity,
784-or other resource related to the grant program must be
785-published on the Agency's publicly available website, and any
786-announcements related to funding shall be shared with all
787-State legislative offices, the Governor's office, emergency
788-services and disaster agencies mandated or required pursuant
789-to subsections (b) through (d) of Section 10, and any other
790-State agencies as determined by the Agency. Subject to
791-appropriation, the grant application period shall be open for
792-no less than 45 calendar days during the first application
793-cycle each fiscal year, unless the Agency determines that a
794-shorter period is necessary to avoid conflicts with the annual
795-federal Nonprofit Security Grant Program funding cycle.
796-Additional application cycles may be conducted during the same
797-fiscal year, subject to availability of funds. Upon request,
798-Agency staff shall provide reasonable assistance to any
799-applicant in completing a grant application or meeting a
800-post-award requirement.
801-(h) Except as provided in Section 17.5 of this Act, any
802-moneys received by the Agency from donations or sponsorships
803-unrelated to a disaster shall be deposited in the Emergency
804-Planning and Training Fund and used by the Agency, subject to
805-appropriation, to effectuate planning and training activities.
806-Any moneys received by the Agency from donations during a
807-disaster and intended for disaster response or recovery shall
808-
809-
810-be deposited into the Disaster Response and Recovery Fund and
811-used for disaster response and recovery pursuant to the
812-Disaster Relief Act.
813-(i) The Illinois Emergency Management Agency may by rule
814-assess and collect reasonable fees for attendance at
815-Agency-sponsored conferences to enable the Agency to carry out
816-the requirements of this Act. Any moneys received under this
817-subsection shall be deposited in the Emergency Planning and
818-Training Fund and used by the Agency, subject to
819-appropriation, for planning and training activities.
820-(j) The Illinois Emergency Management Agency is authorized
821-to make grants to other State agencies, public universities,
822-units of local government, and statewide mutual aid
823-organizations to enhance statewide emergency preparedness and
824-response.
825-(k) Subject to appropriation from the Emergency Planning
826-and Training Fund, the Illinois Emergency Management Agency
827-and Office of Homeland Security shall obtain training services
828-and support for local emergency services and support for local
829-emergency services and disaster agencies for training,
830-exercises, and equipment related to carbon dioxide pipelines
831-and sequestration, and, subject to the availability of
832-funding, shall provide $5,000 per year to the Illinois Fire
833-Service Institute for first responder training required under
834-Section 4-615 of the Public Utilities Act. Amounts in the
835-Emergency Planning and Training Fund will be used by the
836-
837-
838-Illinois Emergency Management Agency and Office of Homeland
839-Security for administrative costs incurred in carrying out the
840-requirements of this subsection. To carry out the purposes of
841-this subsection, the Illinois Emergency Management Agency and
842-Office of Homeland Security may accept moneys from all
843-authorized sources into the Emergency Planning and Training
844-Fund, including, but not limited to, transfers from the Carbon
845-Dioxide Sequestration Administrative Fund and the Public
846-Utility Fund.
847-(Source: P.A. 102-16, eff. 6-17-21; 102-538, eff. 8-20-21;
848-102-813, eff. 5-13-22; 102-1115, eff. 1-9-23; 103-418, eff.
849-1-1-24.)
850-Section 40. The State Finance Act is amended by adding
851-Sections 5.1015, 5.1016, and 5.1017 as follows:
852-(30 ILCS 105/5.1015 new)
853-Sec. 5.1015. The Carbon Dioxide Sequestration
854-Administrative Fund.
855-(30 ILCS 105/5.1016 new)
856-Sec. 5.1016. The Environmental Justice Grant Fund.
857-(30 ILCS 105/5.1017 new)
858-Sec. 5.1017. The Water Resources Fund.
859-
860-
861-Section 45. The Public Utilities Act is amended by
862-changing Section 8-509 and by adding Sections 3-127, 4-615,
863-and 15-103 as follows:
864-(220 ILCS 5/3-127 new)
865-Sec. 3-127. Carbon dioxide pipeline. "Carbon dioxide
866-pipeline" has the same meaning given to that term in Section 10
867-of the Carbon Dioxide Transportation and Sequestration Act.
868-(220 ILCS 5/4-615 new)
869-Sec. 4-615. Training for carbon dioxide emergencies.
870-(a) Prior to any pipeline for the transportation of carbon
871-dioxide becoming operational, the Illinois Fire Service
872-Institute, in coordination with the Office of the State Fire
873-Marshal, an EMS System, the Department of Public Health, and
874-the Illinois Emergency Management Agency and Office of
875-Homeland Security, shall develop and offer at least one course
876-for first responders who respond when carbon dioxide is
877-released from a pipeline or a sequestration facility. At a
878-minimum, the course shall cover:
879-(1) how to identify a carbon dioxide release;
880-(2) communications procedures to quickly share
881-information about a carbon dioxide release, including
882-alarms, sirens, text message alerts, and other means of
883-alerting the public;
884-(3) procedures for locating residents and others in
885-
886-
887-the affected area and, when necessary, transporting
888-residents and others in the affected area out of the area
889-to health care facilities; and
890-(4) signs and symptoms of exposure to a carbon dioxide
891-release.
892-(b) Each year thereafter, the Illinois Fire Service
893-Institute, in coordination with the Office of the State Fire
894-Marshal, an EMS System and the Department of Public Health,
895-shall offer a training session at the Illinois Fire Service
896-Institute's Regions for Training Delivery on emergency
897-response procedures during carbon dioxide releases. These
898-trainings shall be available to first responders in the State
899-with priority participation given to counties in which carbon
900-dioxide is proposed to be or is transported or sequestered.
901-(c) Prior to a carbon dioxide pipeline becoming
902-operational, the owner or operator of the pipeline shall
903-develop, in coordination with the Illinois Emergency
904-Management Agency and Office of Homeland Security and
905-Department of Public Health, emergency preparedness materials
906-for residents and local businesses in the counties within 2
907-miles of where the owner or operator is transporting or
908-sequestering carbon dioxide. At a minimum, these materials
909-shall include:
910-(1) what to do in the event of a carbon dioxide
911-release;
912-(2) symptoms of exposure to a carbon dioxide release;
913-
914-
915-and
916-(3) recommendations for items residents and local
917-businesses may want to acquire, including, but not limited
918-to, carbon dioxide monitors and air supply respirators.
919-The Illinois Emergency Management Agency and Office of
920-Homeland Security and the Department of Public Health shall
921-publish this information on their websites and provide these
922-materials to local emergency management agencies and local
923-public health departments in relevant counties.
924-(d) For each carbon dioxide pipeline, the owner or
925-operator of the pipeline shall use modeling that can handle
926-non-flat terrain; obstacles, such as vegetation and buildings;
927-time or spatial variations in wind, including direction and
928-speed; ambient weather conditions, such as temperature and
929-humidity; variations to the direction of release of CO2; and
930-concentrations and durations of CO2, in addition to the
931-specifics related to the pipeline design, including, but not
932-limited to, diameter, thickness, and shutoff valves, to
933-develop a risk-based assessment and a chemical safety
934-contingency plan. The Illinois Emergency Management Agency and
935-Office of Homeland Security shall publish this information on
936-its website and provide these materials to local emergency
937-management agencies in relevant counties.
938-(e) Each year, the owner or operator of a pipeline, in
939-coordination with Department of Public Health and local
940-emergency response personnel, shall offer at least 2 public
941-
942-
943-training sessions for residents and local businesses in every
944-county in which carbon dioxide is transported or sequestered.
945-These trainings shall be offered in person and virtually. Each
946-training shall be recorded and provided to Illinois Emergency
947-Management Agency and Office of Homeland Security and the
948-Department of Public Health to maintain a copy on their
949-websites, as appropriate, with the emergency preparedness
950-materials identified in subsection (c).
951-(f) Each year, the owner or operator of the pipeline shall
952-develop, in coordination with the Department of Public Health,
953-and offer a training session for medical personnel in each
954-county along the pipeline route, including staff in hospitals
955-and emergency rooms, health clinics, and other health care
956-facilities. These trainings shall be offered in person and
957-virtually and be approved by the Department of Public Health.
958-Each training shall be recorded and provided to the Department
959-of Public Health to maintain a copy on its website, as
960-appropriate, and distribute to staff in hospitals and
961-emergency rooms, health clinics, and other health care
962-facilities.
963-(g) At least every 5 years, the Illinois Fire Service
964-Institute shall review and, if appropriate, revise or add
965-trainings developed under this Section to incorporate new best
966-practices, technologies, developments, or information that
967-improves emergency response and treatment for carbon dioxide
968-releases.
969-
970-
971-(h) At least every 5 years, the owner or operator, in
972-coordination with local emergency response personnel, the
973-Illinois Emergency Management Agency and Office of Homeland
974-Security, and the Department of Public Health, shall review
975-and, if appropriate, update emergency preparedness materials
976-and trainings for residents and local businesses identified in
977-subsections (c) and (d) to incorporate new best practices,
978-technologies, developments, or information that may assist
979-local residents and businesses to be prepared if a carbon
980-dioxide release occurs.
981-(220 ILCS 5/8-509) (from Ch. 111 2/3, par. 8-509)
982-Sec. 8-509. When necessary for the construction of any
983-alterations, additions, extensions or improvements ordered or
984-authorized under Section 8-406.1 or 8-503 of this Act, any
985-public utility may enter upon, take or damage private property
986-in the manner provided for by the law of eminent domain. If a
987-public utility seeks relief under this Section in the same
988-proceeding in which it seeks a certificate of public
989-convenience and necessity under Section 8-406.1 of this Act,
990-the Commission shall enter its order under this Section either
991-as part of the Section 8-406.1 order or at the same time it
992-enters the Section 8-406.1 order. If a public utility seeks
993-relief under this Section after the Commission enters its
994-order in the Section 8-406.1 proceeding, the Commission shall
995-issue its order under this Section within 45 days after the
996-
997-
998-utility files its petition under this Section.
999-This Section applies to the exercise of eminent domain
1000-powers by telephone companies or telecommunications carriers
1001-only when the facilities to be constructed are intended to be
1002-used in whole or in part for providing one or more intrastate
1003-telecommunications services classified as "noncompetitive"
1004-under Section 13-502 in a tariff filed by the condemnor. The
1005-exercise of eminent domain powers by telephone companies or
1006-telecommunications carriers in all other cases shall be
1007-governed solely by "An Act relating to the powers, duties and
1008-property of telephone companies", approved May 16, 1903, as
1009-now or hereafter amended.
1010-This Section applies to the exercise of eminent domain
1011-powers by an owner or operator of a pipeline designed,
1012-constructed, and operated to transport carbon dioxide to which
1013-the Commission has granted a certificate under Section 20 of
1014-the Carbon Dioxide Transportation and Sequestration Act and
1015-may seek eminent domain authority from the Commission under
1016-this Section. If the applicant of such a certificate of
1017-authority for a new carbon dioxide pipeline seeks relief under
1018-this Section in the same proceeding in which it seeks a
1019-certificate of authority for a new carbon dioxide pipeline
1020-under Section 20 of the Carbon Dioxide Transportation and
1021-Sequestration Act, the Commission shall enter its order under
1022-this Section either as part of or at the same time as its order
1023-under the Carbon Dioxide Transportation and Sequestration Act.
1024-
1025-
1026-Notwithstanding anything to the contrary in this Section, the
1027-owner or operator of such a pipeline shall not be considered to
1028-be a public utility for any other provisions of this Act.
1029-(Source: P.A. 100-840, eff. 8-13-18.)
1030-(220 ILCS 5/15-103 new)
1031-Sec. 15-103. Application of carbon dioxide pipelines. This
1032-Article does not apply to a new carbon dioxide pipeline as
1033-defined in Section 10 of the Carbon Dioxide Transportation and
1034-Sequestration Act.
1035-Section 50. The Carbon Dioxide Transportation and
1036-Sequestration Act is amended by changing Sections 5, 10, 15,
1037-and 20 and by adding Sections 35 and 40 as follows:
1038-(220 ILCS 75/5)
1039-Sec. 5. Legislative purpose. Pipeline transportation of
1040-carbon dioxide for sequestration, enhanced oil recovery, and
1041-other carbon management purposes other than enhanced oil
1042-recovery is declared to be a public use and service, in the
1043-public interest, and a benefit to the welfare of Illinois and
1044-the people of Illinois because pipeline transportation is
1045-necessary for sequestration, enhanced oil recovery, or other
1046-carbon management purposes other than enhanced oil recovery
1047-and thus is an essential component to compliance with required
1048-or voluntary plans to reduce carbon dioxide emissions from
1049-
1050-
1051-"clean coal" facilities and other sources. Carbon dioxide
1052-pipelines are critical to the promotion and use of Illinois
1053-coal and also advance economic development, environmental
1054-protection, and energy security in the State.
1055-(Source: P.A. 97-534, eff. 8-23-11.)
1056-(220 ILCS 75/10)
1057-Sec. 10. Definitions. As used in this Act:
1058-"Carbon dioxide pipeline" or "pipeline" means the in-state
1059-portion of a pipeline, including appurtenant facilities,
1060-property rights, and easements, that are used exclusively for
1061-the purpose of transporting carbon dioxide to a point of sale,
1062-storage, enhanced oil recovery, or other carbon management
1063-application. "Carbon dioxide pipeline" or "pipeline" does not
1064-include the portion of pipelines sold or used for enhanced oil
1065-recovery in this State.
1066-"Clean coal facility" has the meaning ascribed to that
1067-term in Section 1-10 of the Illinois Power Agency Act.
1068-"Clean coal SNG facility" has the meaning ascribed to that
1069-term in Section 1-10 of the Illinois Power Agency Act.
1070-"Commission" means the Illinois Commerce Commission.
1071-"Legacy carbon dioxide pipeline" includes any carbon
1072-dioxide pipeline constructed before July 1, 2024 that is less
1073-than one mile in length, is located on property entirely owned
1074-by the pipeline operator, and is used to transport carbon
1075-dioxide to an injection well.
1076-
1077-
1078-"New carbon dioxide pipeline" means any carbon dioxide
1079-pipeline constructed after July 1, 2024.
1080-"Sequester" has the meaning ascribed to that term in
1081-Section 1-10 of the Illinois Power Agency Act. "Sequester"
1082-does not include the sale or use of carbon dioxide for enhanced
1083-oil recovery in Illinois.
1084-"Transportation" means the physical movement of carbon
1085-dioxide by pipeline conducted for a person's own use or
1086-account or the use or account of another person or persons.
1087-(Source: P.A. 97-534, eff. 8-23-11.)
1088-(220 ILCS 75/15)
1089-Sec. 15. Scope. This Act applies to the application
1090-process for the issuance of a certificate of authority by an
1091-owner or operator of a pipeline designed, constructed, and
1092-operated to transport and to sequester carbon dioxide produced
1093-by a clean coal facility, by a clean coal SNG facility, or by
1094-any other source that will result in the reduction of carbon
1095-dioxide emissions from that source.
1096-(Source: P.A. 97-534, eff. 8-23-11.)
1097-(220 ILCS 75/20)
1098-Sec. 20. Application.
1099-(a) No person or entity may construct, operate, or repair
1100-a carbon dioxide pipeline unless the person or entity
1101-possesses a certificate of authority. Nothing in this Act
1102-
1103-
1104-requires a legacy carbon dioxide pipeline to obtain a
1105-certificate of authority.
1106-(b) The Commission, after a hearing, may grant an
1107-application for a certificate of authority authorizing the
1108-construction and operation of a carbon dioxide pipeline if it
1109-makes a specific written finding as to each of the following:
1110-(1) the application was properly filed;
1111-(2) the applicant is fit, willing, and able to
1112-construct and operate the pipeline in compliance with this
1113-Act and with Commission regulations and orders of the
1114-Commission or any applicable federal agencies;
1115-(3) the applicant has entered into one or more
1116-agreements an agreement with a clean coal facility, a
1117-clean coal SNG facility, or any other source or sources
1118-that will result in the reduction of carbon dioxide
1119-emissions from that source or sources and the applicant
1120-has filed such agreement or agreements as part of its
1121-application;
1122-(4) the applicant has filed with the Pipeline and
1123-Hazardous Materials Safety Administration of the U.S.
1124-Department of Transportation all forms required by that
1125-agency in advance of constructing a carbon dioxide
1126-pipeline;
1127-(5) the applicant has filed with the U.S. Army Corps
1128-of Engineers all applications for permits required by that
1129-agency in advance of constructing a carbon dioxide
1130-
1131-
1132-pipeline;
1133-(6) the applicant has entered into an agreement with
1134-the Illinois Department of Agriculture that governs the
1135-mitigation of agricultural impacts associated with the
1136-construction of the proposed pipeline;
1137-(6.1) the applicant has applied for any and all other
1138-federal permits necessary to construct and operate a
1139-carbon dioxide pipeline;
1140-(6.2) the applicant has held at least 2 prefiling
1141-public meetings to receive public comment concerning the
1142-proposed carbon dioxide pipeline in each county where the
1143-pipeline is to be located, no earlier than 6 months prior
1144-to the filing of the application. Notice of the public
1145-meeting shall be published in a newspaper of general
1146-circulation within the affected county once a week for 3
1147-consecutive weeks, beginning no earlier than one month
1148-prior to the first public meeting. Notice of each public
1149-meeting, including a description of the carbon dioxide
1150-pipeline, must be provided in writing to the clerk of each
1151-county where the project is to be located and to the chief
1152-clerk of the Commission. A representative of the
1153-Commission shall be invited to each prefiling public
1154-meeting. The applicant shall maintain a dedicated public
1155-website which provides details regarding the proposed
1156-route of the pipeline, plans for construction, status of
1157-the application, and the manner in which members of the
1158-
1159-
1160-public may offer their opinions regarding the pipeline;
1161-(6.3) the applicant has directly contacted the owner
1162-of each parcel of land located within 2 miles of the
1163-proposed pipeline route by certified mail, or made good
1164-faith efforts if the owner of record cannot be located,
1165-advising them of the proposed pipeline route and of the
1166-date and time of each public meeting to be held in the
1167-county in which each landowner's property is located;
1168-(6.4) the applicant has prepared and submitted a
1169-detailed emergency operations plan, which addresses at a
1170-minimum, emergency operations plan requirements adopted by
1171-the Illinois Emergency Management Agency and Office of
1172-Homeland Security under paragraph (4) of subsection (f) of
1173-Section 5 of the Illinois Emergency Management Agency Act.
1174-The submitted emergency operations plan shall also provide
1175-for post-emergency analysis and controller actions. In
1176-addition, the applicant shall demonstrate that it has
1177-communicated with the county emergency services and
1178-disaster agency (ESDA), or other relevant mandated ESDA,
1179-to coordinate its emergency operations plan for the
1180-pipeline with the county ESDA's, or other relevant
1181-mandated ESDA's, emergency operations plan;
1182-(7) the applicant possesses the financial, managerial,
1183-legal, and technical qualifications necessary to construct
1184-and operate the proposed carbon dioxide pipeline; and
1185-(8) the proposed pipeline is consistent with the
1186-
1187-
1188-public interest, public benefit, and legislative purpose
1189-as set forth in this Act. In addition to any other evidence
1190-the Commission may consider on this specific finding, the
1191-Commission shall consider the following:
1192-(A) any evidence of the effect of the pipeline
1193-upon the economy, infrastructure, and public safety
1194-presented by local governmental units that will be
1195-affected by the proposed pipeline route;
1196-(B) any evidence of the effect of the pipeline
1197-upon property values presented by property owners who
1198-will be affected by the proposed pipeline or facility,
1199-provided that the Commission need not hear evidence as
1200-to the actual valuation of property such as that as
1201-would be presented to and determined by the courts
1202-under the Eminent Domain Act;
1203-(C) any evidence presented by the Department of
1204-Commerce and Economic Opportunity regarding the
1205-current and future local, State-wide, or regional
1206-economic effect, direct or indirect, of the proposed
1207-pipeline or facility including, but not limited to,
1208-ability of the State to attract economic growth, meet
1209-future energy requirements, and ensure compliance with
1210-environmental requirements and goals;
1211-(D) any evidence addressing the factors described
1212-in items (1) through (8) of this subsection (b) or
1213-other relevant factors that is presented by any other
1214-
1215-
1216-State agency, unit of local government, the applicant,
1217-a party, or other entity that participates in the
1218-proceeding, including evidence presented by the
1219-Commission's staff; and
1220-(E) any evidence presented by any State or federal
1221-governmental entity as to how the proposed pipeline
1222-will affect the security, stability, and reliability
1223-of public infrastructure energy.
1224-In its written order, the Commission shall address all of
1225-the evidence presented, and if the order is contrary to any of
1226-the evidence, the Commission shall state the reasons for its
1227-determination with regard to that evidence.
1228-(c) When an applicant files its application for a
1229-certificate of authority with the Commission, it shall provide
1230-notice to each unit of local government where the proposed
1231-pipeline will be located and include a map of the proposed
1232-pipeline route. The applicant shall also publish notice in a
1233-newspaper of general circulation in each county where the
1234-proposed pipeline is located.
1235-(d) An application for a certificate of authority filed
1236-pursuant to this Section shall request either that the
1237-Commission review and approve a specific route for a carbon
1238-dioxide pipeline, or that the Commission review and approve a
1239-project route width that identifies the areas in which the
1240-pipeline would be located, with such width ranging from the
1241-minimum width required for a pipeline right-of-way up to 200
1242-
1243-
1244-feet in width. A map of the route or route width shall be
1245-included in the application. The purpose for allowing the
1246-option of review and approval of a project route width is to
1247-provide increased flexibility during the construction process
1248-to accommodate specific landowner requests, avoid
1249-environmentally sensitive areas, or address special
1250-environmental permitting requirements.
1251-(e) The Commission's rules shall ensure that notice of an
1252-application for a certificate of authority is provided within
1253-30 days after filing to the landowners along a proposed
1254-project route, or to the potentially affected landowners
1255-within a proposed project route width, using the notification
1256-procedures set forth in the Commission's rules. If the
1257-Commission grants approval of a project route width as opposed
1258-to a specific project route, then the applicant must, as it
1259-finalizes the actual pipeline alignment within the project
1260-route width, file its final list of affected landowners with
1261-the Commission at least 14 days in advance of beginning
1262-construction on any tract within the project route width and
1263-also provide the Commission with at least 14 days' notice
1264-before filing a complaint for eminent domain in the circuit
1265-court with regard to any tract within the project route width.
1266-(f) If an applicant has obtained all necessary federal
1267-licenses, permits, and authority necessary to construct and
1268-operate a carbon dioxide pipeline before it files an
1269-application pursuant to this Section, then the The Commission
1270-
1271-
1272-shall make its determination on any application for a
1273-certificate of authority filed pursuant to this Section and
1274-issue its final order within 11 months after the date that the
1275-application is filed. The Commission's failure to act within
1276-this time period shall not be deemed an approval or denial of
1277-the application.
1278-(g) A final order of the Commission granting a certificate
1279-of authority pursuant to this Act shall be conditioned upon
1280-the applicant obtaining all required permits or approvals from
1281-the Pipeline and Hazardous Materials Safety Administration of
1282-the U.S. Department of Transportation, U.S. Army Corps of
1283-Engineers, and Illinois Department of Agriculture, in addition
1284-to all other permits and approvals necessary for the
1285-construction and operation of the pipeline prior to the start
1286-of any construction. The final order must specifically
1287-prohibit the start of any construction until all such permits
1288-and approvals have been obtained. The Commission shall not
1289-issue any certificate of authority under this Act until (i)
1290-the Pipeline and Hazardous Materials Safety Administration has
1291-adopted final revisions to its pipeline safety rules intended
1292-to enhance the safe transportation of carbon dioxide by
1293-pipelines to accommodate an anticipated increase in the number
1294-of carbon dioxide pipelines and volume of carbon dioxide
1295-transported in the proposed rulemaking designated Regulatory
1296-Information Number 2137-AF60, and (ii) the Commission has
1297-verified that the submitted application complies with those
1298-
1299-
1300-finalized rules. If, after July 1, 2026, the Pipeline and
1301-Hazardous Materials Safety Administration has not adopted
1302-final revisions to its pipeline safety rules under the
1303-proposed rulemaking designated Regulatory Information Number
1304-2137-AF60, the Commission may only approve a certificate of
1305-authority under this Section if it finds that the applicant
1306-has met all of the requirements of this Act, has already
1307-acquired all of its other necessary approvals, and is
1308-compliant with any requirements or conditions adopted by the
1309-Commission subsection (g-5).
1310-(g-5) In granting a certificate under this Act, the
1311-Commission shall adopt such requirements or impose such
1312-conditions upon a certificate as in its opinion are necessary
1313-to preserve public safety, as long as such requirements are
1314-compatible with the minimum standards prescribed by the
1315-Pipeline and Hazardous Material Safety Administration.
1316-(h) Within 6 months after the Commission's entry of an
1317-order approving either a specific route or a project route
1318-width under this Section, the owner or operator of the carbon
1319-dioxide pipeline that receives that order may file
1320-supplemental applications for minor route deviations outside
1321-the approved project route width, allowing for additions or
1322-changes to the approved route to address environmental
1323-concerns encountered during construction or to accommodate
1324-landowner requests. The supplemental application shall
1325-specifically detail the environmental concerns or landowner
1326-
1327-
1328-requests prompting the route changes, including the names of
1329-any landowners or entities involved. Notice of a supplemental
1330-application shall be provided to any State agency or unit of
1331-local government that appeared in the original proceeding and
1332-to any landowner affected by the proposed route deviation at
1333-the time that supplemental application is filed. The route
1334-deviations shall be approved by the Commission no sooner than
1335-90 days after all interested parties receive notice of the
1336-supplemental application, unless a written objection is filed
1337-to the supplemental application within 45 days after such
1338-notice is received. If a written objection is filed, then the
1339-Commission shall issue an order either granting or denying the
1340-route deviation within 90 days after the filing of the
1341-objection. Hearings on any such supplemental application shall
1342-be limited to the reasonableness of the specific variance
1343-proposed, and the issues of the public interest and benefit of
1344-the project or fitness of the applicant shall be considered
1345-only to the extent that the route deviation has raised new
1346-concerns with regard to those issues.
1347-(i) A certificate of authority to construct and operate a
1348-carbon dioxide pipeline issued by the Commission shall contain
1349-and include all of the following:
1350-(1) a grant of authority to construct and operate a
1351-carbon dioxide pipeline as requested in the application,
1352-subject to the laws of this State; and
1353-(2) the right to seek eminent domain authority from
1354-
1355-
1356-the Commission under Section 8-509 of the Public Utilities
1357-Act. a limited grant of authority to take and acquire an
1358-easement in any property or interest in property for the
1359-construction, maintenance, or operation of a carbon
1360-dioxide pipeline in the manner provided for the exercise
1361-of the power of eminent domain under the Eminent Domain
1362-Act. The limited grant of authority shall be restricted
1363-to, and exercised solely for, the purpose of siting,
1364-rights-of-way, and easements appurtenant, including
1365-construction and maintenance. The applicant shall not
1366-exercise this power until it has used reasonable and good
1367-faith efforts to acquire the property or easement thereto.
1368-The applicant may thereafter use this power when the
1369-applicant determines that the easement is necessary to
1370-avoid unreasonable delay or economic hardship to the
1371-progress of activities carried out pursuant to the
1372-certificate of authority.
1373-(j) All applications under this Act pending before the
1374-Commission on the effective date of this amendatory Act of the
1375-103rd General Assembly shall be dismissed without prejudice.
1376-(Source: P.A. 97-534, eff. 8-23-11.)
1377-(220 ILCS 75/35 new)
1378-Sec. 35. Land surveys and land use studies. For the
1379-purpose of making land surveys and land use studies, any
1380-applicant that has been granted a certificate of authority
1381-
1382-
1383-under this Section may, 30 days after providing written notice
1384-to the landowner thereof by registered mail and after
1385-providing a second notice to the owner of record, as
1386-identified in the records of the relevant county tax assessor,
1387-by telephone or email or by registered mail if the landowner
1388-has not been notified by other means, at least 3 days, but not
1389-more than 15 days, prior to the stated date in the notice,
1390-identifying the date when land surveys and land use studies
1391-will first begin on the landowner's property and informing the
1392-landowner that the landowner or the landowner's agent may be
1393-present when the land surveys or land use studies occur, enter
1394-upon the property of any landowner who has refused permission
1395-for entrance upon that property, but subject to responsibility
1396-for all damages which may be inflicted thereby.
1397-(220 ILCS 75/40 new)
1398-Sec. 40. Pipeline operator fees. Any person or entity that
1399-has been granted a certificate of authority authorizing the
1400-construction and operation of a carbon dioxide pipeline
1401-pursuant to this Section or any person or entity operating a
1402-legacy carbon dioxide pipeline shall be assessed an annual fee
1403-per pipeline system operated in the State, plus an additional
1404-fee per mile of carbon dioxide pipeline in length that is
1405-physically operated or proposed to be operated in the State.
1406-The Commission may adopt any rules and procedures
1407-necessary to enforce and administer the provisions of this
1408-
1409-
1410-Act. The Commission may, by administrative rule, modify any
1411-rules or procedures or adjust any Commission fees necessary to
1412-regulate and enforce the provisions of this Act. The
1413-Commission shall adopt such rules in consultation with the
1414-Illinois Emergency Management Agency and Office of Homeland
1415-Security in order to establish the total amount necessary to
1416-cover the Commission's and Illinois Emergency Management
1417-Agency and Office of Homeland Security's administrative costs
1418-plus the amount necessary to fund the needs of emergency
1419-responders as determined by the Illinois Emergency Management
1420-Agency and Office of Homeland Security. The Commission rules
1421-shall include, but shall not be limited to, the following
1422-provisions:
1423-(1) a provision requiring a portion of the fee to be
1424-allocated to the Commission for purposes of assessing the
1425-permit application and regulating the operating pipeline;
1426-(2) a provision requiring the balance of the fee to be
1427-allocated and transferred to the Illinois Emergency
1428-Management Agency and Office of Homeland Security for
1429-compiling and maintaining emergency response plans and
1430-coordinating and funding training, exercises, and
1431-equipment of first responders along the pipeline route
1432-through agreements and grants to county emergency services
1433-and disaster agencies;
1434-(3) a provision requiring the fee to be payable to the
1435-Commission and due 30 days after the certificate of
1436-
1437-
1438-authority is granted by the Commission, and at the
1439-conclusion of each State fiscal year. The Commission shall
1440-transfer to the Illinois Emergency Management Agency and
1441-Office of Homeland Security's Emergency Planning and
1442-Training Fund its allocable share within 30 days following
1443-the end of each fiscal year to be utilized as indicated in
1444-paragraph (2);
1445-(4) a provision requiring the fee to be assessed with
1446-a flat fee per pipeline system, plus an additional fee
1447-assessed per each mile of a pipeline, based on the actual
1448-length of carbon dioxide pipeline that has been used to
1449-transport carbon dioxide in the State in the State fiscal
1450-year during which the fee is imposed;
1451-(5) a provision requiring the fee structure to be
1452-designed to collect the funds necessary for emergency
1453-responders in a manner that facilitates the safe and
1454-reliable development of new carbon dioxide pipelines
1455-within the State; and
1456-(6) a provision requiring the fee to be adjusted with
1457-inflation.
1458-Section 55. The Environmental Protection Act is amended by
1459-changing Section 21 and by adding Title XVIII as follows:
1460-(415 ILCS 5/21) (from Ch. 111 1/2, par. 1021)
1461-Sec. 21. Prohibited acts. No person shall:
1462-
1463-
1464-(a) Cause or allow the open dumping of any waste.
1465-(b) Abandon, dump, or deposit any waste upon the public
1466-highways or other public property, except in a sanitary
1467-landfill approved by the Agency pursuant to regulations
1468-adopted by the Board.
1469-(c) Abandon any vehicle in violation of the "Abandoned
1470-Vehicles Amendment to the Illinois Vehicle Code", as enacted
1471-by the 76th General Assembly.
1472-(d) Conduct any waste-storage, waste-treatment, or
1473-waste-disposal operation:
1474-(1) without a permit granted by the Agency or in
1475-violation of any conditions imposed by such permit,
1476-including periodic reports and full access to adequate
1477-records and the inspection of facilities, as may be
1478-necessary to assure compliance with this Act and with
1479-regulations and standards adopted thereunder; provided,
1480-however, that, except for municipal solid waste landfill
1481-units that receive waste on or after October 9, 1993, and
1482-CCR surface impoundments, no permit shall be required for
1483-(i) any person conducting a waste-storage,
1484-waste-treatment, or waste-disposal operation for wastes
1485-generated by such person's own activities which are
1486-stored, treated, or disposed within the site where such
1487-wastes are generated, (ii) until one year after the
1488-effective date of rules adopted by the Board under
1489-subsection (n) of Section 22.38, a facility located in a
1490-
1491-
1492-county with a population over 700,000 as of January 1,
1493-2000, operated and located in accordance with Section
1494-22.38 of this Act, and used exclusively for the transfer,
1495-storage, or treatment of general construction or
1496-demolition debris, provided that the facility was
1497-receiving construction or demolition debris on August 24,
1498-2009 (the effective date of Public Act 96-611), or (iii)
1499-any person conducting a waste transfer, storage,
1500-treatment, or disposal operation, including, but not
1501-limited to, a waste transfer or waste composting
1502-operation, under a mass animal mortality event plan
1503-created by the Department of Agriculture;
1504-(2) in violation of any regulations or standards
1505-adopted by the Board under this Act;
1506-(3) which receives waste after August 31, 1988, does
1507-not have a permit issued by the Agency, and is (i) a
1508-landfill used exclusively for the disposal of waste
1509-generated at the site, (ii) a surface impoundment
1510-receiving special waste not listed in an NPDES permit,
1511-(iii) a waste pile in which the total volume of waste is
1512-greater than 100 cubic yards or the waste is stored for
1513-over one year, or (iv) a land treatment facility receiving
1514-special waste generated at the site; without giving notice
1515-of the operation to the Agency by January 1, 1989, or 30
1516-days after the date on which the operation commences,
1517-whichever is later, and every 3 years thereafter. The form
1518-
1519-
1520-for such notification shall be specified by the Agency,
1521-and shall be limited to information regarding: the name
1522-and address of the location of the operation; the type of
1523-operation; the types and amounts of waste stored, treated
1524-or disposed of on an annual basis; the remaining capacity
1525-of the operation; and the remaining expected life of the
1526-operation.
1527-Item (3) of this subsection (d) shall not apply to any
1528-person engaged in agricultural activity who is disposing of a
1529-substance that constitutes solid waste, if the substance was
1530-acquired for use by that person on his own property, and the
1531-substance is disposed of on his own property in accordance
1532-with regulations or standards adopted by the Board.
1533-This subsection (d) shall not apply to hazardous waste.
1534-(e) Dispose, treat, store or abandon any waste, or
1535-transport any waste into this State for disposal, treatment,
1536-storage or abandonment, except at a site or facility which
1537-meets the requirements of this Act and of regulations and
1538-standards thereunder.
1539-(f) Conduct any hazardous waste-storage, hazardous
1540-waste-treatment or hazardous waste-disposal operation:
1541-(1) without a RCRA permit for the site issued by the
1542-Agency under subsection (d) of Section 39 of this Act, or
1543-in violation of any condition imposed by such permit,
1544-including periodic reports and full access to adequate
1545-records and the inspection of facilities, as may be
1546-
1547-
1548-necessary to assure compliance with this Act and with
1549-regulations and standards adopted thereunder; or
1550-(2) in violation of any regulations or standards
1551-adopted by the Board under this Act; or
1552-(3) in violation of any RCRA permit filing requirement
1553-established under standards adopted by the Board under
1554-this Act; or
1555-(4) in violation of any order adopted by the Board
1556-under this Act.
1557-Notwithstanding the above, no RCRA permit shall be
1558-required under this subsection or subsection (d) of Section 39
1559-of this Act for any person engaged in agricultural activity
1560-who is disposing of a substance which has been identified as a
1561-hazardous waste, and which has been designated by Board
1562-regulations as being subject to this exception, if the
1563-substance was acquired for use by that person on his own
1564-property and the substance is disposed of on his own property
1565-in accordance with regulations or standards adopted by the
1566-Board.
1567-(g) Conduct any hazardous waste-transportation operation:
1568-(1) without registering with and obtaining a special
1569-waste hauling permit from the Agency in accordance with
1570-the regulations adopted by the Board under this Act; or
1571-(2) in violation of any regulations or standards
1572-adopted by the Board under this Act.
1573-(h) Conduct any hazardous waste-recycling or hazardous
1574-
1575-
1576-waste-reclamation or hazardous waste-reuse operation in
1577-violation of any regulations, standards or permit requirements
1578-adopted by the Board under this Act.
1579-(i) Conduct any process or engage in any act which
1580-produces hazardous waste in violation of any regulations or
1581-standards adopted by the Board under subsections (a) and (c)
1582-of Section 22.4 of this Act.
1583-(j) Conduct any special waste-transportation operation in
1584-violation of any regulations, standards or permit requirements
1585-adopted by the Board under this Act. However, sludge from a
1586-water or sewage treatment plant owned and operated by a unit of
1587-local government which (1) is subject to a sludge management
1588-plan approved by the Agency or a permit granted by the Agency,
1589-and (2) has been tested and determined not to be a hazardous
1590-waste as required by applicable State and federal laws and
1591-regulations, may be transported in this State without a
1592-special waste hauling permit, and the preparation and carrying
1593-of a manifest shall not be required for such sludge under the
1594-rules of the Pollution Control Board. The unit of local
1595-government which operates the treatment plant producing such
1596-sludge shall file an annual report with the Agency identifying
1597-the volume of such sludge transported during the reporting
1598-period, the hauler of the sludge, and the disposal sites to
1599-which it was transported. This subsection (j) shall not apply
1600-to hazardous waste.
1601-(k) Fail or refuse to pay any fee imposed under this Act.
1602-
1603-
1604-(l) Locate a hazardous waste disposal site above an active
1605-or inactive shaft or tunneled mine or within 2 miles of an
1606-active fault in the earth's crust. In counties of population
1607-less than 225,000 no hazardous waste disposal site shall be
1608-located (1) within 1 1/2 miles of the corporate limits as
1609-defined on June 30, 1978, of any municipality without the
1610-approval of the governing body of the municipality in an
1611-official action; or (2) within 1000 feet of an existing
1612-private well or the existing source of a public water supply
1613-measured from the boundary of the actual active permitted site
1614-and excluding existing private wells on the property of the
1615-permit applicant. The provisions of this subsection do not
1616-apply to publicly owned sewage works or the disposal or
1617-utilization of sludge from publicly owned sewage works.
1618-(m) Transfer interest in any land which has been used as a
1619-hazardous waste disposal site without written notification to
1620-the Agency of the transfer and to the transferee of the
1621-conditions imposed by the Agency upon its use under subsection
1622-(g) of Section 39.
1623-(n) Use any land which has been used as a hazardous waste
1624-disposal site except in compliance with conditions imposed by
1625-the Agency under subsection (g) of Section 39.
1626-(o) Conduct a sanitary landfill operation which is
1627-required to have a permit under subsection (d) of this
1628-Section, in a manner which results in any of the following
1629-conditions:
1630-
1631-
1632-(1) refuse in standing or flowing waters;
1633-(2) leachate flows entering waters of the State;
1634-(3) leachate flows exiting the landfill confines (as
1635-determined by the boundaries established for the landfill
1636-by a permit issued by the Agency);
1637-(4) open burning of refuse in violation of Section 9
1638-of this Act;
1639-(5) uncovered refuse remaining from any previous
1640-operating day or at the conclusion of any operating day,
1641-unless authorized by permit;
1642-(6) failure to provide final cover within time limits
1643-established by Board regulations;
1644-(7) acceptance of wastes without necessary permits;
1645-(8) scavenging as defined by Board regulations;
1646-(9) deposition of refuse in any unpermitted portion of
1647-the landfill;
1648-(10) acceptance of a special waste without a required
1649-manifest;
1650-(11) failure to submit reports required by permits or
1651-Board regulations;
1652-(12) failure to collect and contain litter from the
1653-site by the end of each operating day;
1654-(13) failure to submit any cost estimate for the site
1655-or any performance bond or other security for the site as
1656-required by this Act or Board rules.
1657-The prohibitions specified in this subsection (o) shall be
1658-
1659-
1660-enforceable by the Agency either by administrative citation
1661-under Section 31.1 of this Act or as otherwise provided by this
1662-Act. The specific prohibitions in this subsection do not limit
1663-the power of the Board to establish regulations or standards
1664-applicable to sanitary landfills.
1665-(p) In violation of subdivision (a) of this Section, cause
1666-or allow the open dumping of any waste in a manner which
1667-results in any of the following occurrences at the dump site:
1668-(1) litter;
1669-(2) scavenging;
1670-(3) open burning;
1671-(4) deposition of waste in standing or flowing waters;
1672-(5) proliferation of disease vectors;
1673-(6) standing or flowing liquid discharge from the dump
1674-site;
1675-(7) deposition of:
1676-(i) general construction or demolition debris as
1677-defined in Section 3.160(a) of this Act; or
1678-(ii) clean construction or demolition debris as
1679-defined in Section 3.160(b) of this Act.
1680-The prohibitions specified in this subsection (p) shall be
1681-enforceable by the Agency either by administrative citation
1682-under Section 31.1 of this Act or as otherwise provided by this
1683-Act. The specific prohibitions in this subsection do not limit
1684-the power of the Board to establish regulations or standards
1685-applicable to open dumping.
1686-
1687-
1688-(q) Conduct a landscape waste composting operation without
1689-an Agency permit, provided, however, that no permit shall be
1690-required for any person:
1691-(1) conducting a landscape waste composting operation
1692-for landscape wastes generated by such person's own
1693-activities which are stored, treated, or disposed of
1694-within the site where such wastes are generated; or
1695-(1.5) conducting a landscape waste composting
1696-operation that (i) has no more than 25 cubic yards of
1697-landscape waste, composting additives, composting
1698-material, or end-product compost on-site at any one time
1699-and (ii) is not engaging in commercial activity; or
1700-(2) applying landscape waste or composted landscape
1701-waste at agronomic rates; or
1702-(2.5) operating a landscape waste composting facility
1703-at a site having 10 or more occupied non-farm residences
1704-within 1/2 mile of its boundaries, if the facility meets
1705-all of the following criteria:
1706-(A) the composting facility is operated by the
1707-farmer on property on which the composting material is
1708-utilized, and the composting facility constitutes no
1709-more than 2% of the site's total acreage;
1710-(A-5) any composting additives that the composting
1711-facility accepts and uses at the facility are
1712-necessary to provide proper conditions for composting
1713-and do not exceed 10% of the total composting material
1714-
1715-
1716-at the facility at any one time;
1717-(B) the property on which the composting facility
1718-is located, and any associated property on which the
1719-compost is used, is principally and diligently devoted
1720-to the production of agricultural crops and is not
1721-owned, leased, or otherwise controlled by any waste
1722-hauler or generator of nonagricultural compost
1723-materials, and the operator of the composting facility
1724-is not an employee, partner, shareholder, or in any
1725-way connected with or controlled by any such waste
1726-hauler or generator;
1727-(C) all compost generated by the composting
1728-facility, except incidental sales of finished compost,
1729-is applied at agronomic rates and used as mulch,
1730-fertilizer, or soil conditioner on land actually
1731-farmed by the person operating the composting
1732-facility, and the finished compost is not stored at
1733-the composting site for a period longer than 18 months
1734-prior to its application as mulch, fertilizer, or soil
1735-conditioner;
1736-(D) no fee is charged for the acceptance of
1737-materials to be composted at the facility; and
1738-(E) the owner or operator, by January 1, 2014 (or
1739-the January 1 following commencement of operation,
1740-whichever is later) and January 1 of each year
1741-thereafter, registers the site with the Agency, (ii)
1742-
1743-
1744-reports to the Agency on the volume of composting
1745-material received and used at the site; (iii)
1746-certifies to the Agency that the site complies with
1747-the requirements set forth in subparagraphs (A),
1748-(A-5), (B), (C), and (D) of this paragraph (2.5); and
1749-(iv) certifies to the Agency that all composting
1750-material was placed more than 200 feet from the
1751-nearest potable water supply well, was placed outside
1752-the boundary of the 10-year floodplain or on a part of
1753-the site that is floodproofed, was placed at least 1/4
1754-mile from the nearest residence (other than a
1755-residence located on the same property as the
1756-facility) or a lesser distance from the nearest
1757-residence (other than a residence located on the same
1758-property as the facility) if the municipality in which
1759-the facility is located has by ordinance approved a
1760-lesser distance than 1/4 mile, and was placed more
1761-than 5 feet above the water table; any ordinance
1762-approving a residential setback of less than 1/4 mile
1763-that is used to meet the requirements of this
1764-subparagraph (E) of paragraph (2.5) of this subsection
1765-must specifically reference this paragraph; or
1766-(3) operating a landscape waste composting facility on
1767-a farm, if the facility meets all of the following
1768-criteria:
1769-(A) the composting facility is operated by the
1770-
1771-
1772-farmer on property on which the composting material is
1773-utilized, and the composting facility constitutes no
1774-more than 2% of the property's total acreage, except
1775-that the Board may allow a higher percentage for
1776-individual sites where the owner or operator has
1777-demonstrated to the Board that the site's soil
1778-characteristics or crop needs require a higher rate;
1779-(A-1) the composting facility accepts from other
1780-agricultural operations for composting with landscape
1781-waste no materials other than uncontaminated and
1782-source-separated (i) crop residue and other
1783-agricultural plant residue generated from the
1784-production and harvesting of crops and other customary
1785-farm practices, including, but not limited to, stalks,
1786-leaves, seed pods, husks, bagasse, and roots and (ii)
1787-plant-derived animal bedding, such as straw or
1788-sawdust, that is free of manure and was not made from
1789-painted or treated wood;
1790-(A-2) any composting additives that the composting
1791-facility accepts and uses at the facility are
1792-necessary to provide proper conditions for composting
1793-and do not exceed 10% of the total composting material
1794-at the facility at any one time;
1795-(B) the property on which the composting facility
1796-is located, and any associated property on which the
1797-compost is used, is principally and diligently devoted
1798-
1799-
1800-to the production of agricultural crops and is not
1801-owned, leased or otherwise controlled by any waste
1802-hauler or generator of nonagricultural compost
1803-materials, and the operator of the composting facility
1804-is not an employee, partner, shareholder, or in any
1805-way connected with or controlled by any such waste
1806-hauler or generator;
1807-(C) all compost generated by the composting
1808-facility, except incidental sales of finished compost,
1809-is applied at agronomic rates and used as mulch,
1810-fertilizer or soil conditioner on land actually farmed
1811-by the person operating the composting facility, and
1812-the finished compost is not stored at the composting
1813-site for a period longer than 18 months prior to its
1814-application as mulch, fertilizer, or soil conditioner;
1815-(D) the owner or operator, by January 1 of each
1816-year, (i) registers the site with the Agency, (ii)
1817-reports to the Agency on the volume of composting
1818-material received and used at the site and the volume
1819-of material comprising the incidental sale of finished
1820-compost under this subsection (q), (iii) certifies to
1821-the Agency that the site complies with the
1822-requirements set forth in subparagraphs (A), (A-1),
1823-(A-2), (B), and (C) of this paragraph (q)(3), and (iv)
1824-certifies to the Agency that all composting material:
1825-(I) was placed more than 200 feet from the
1826-
1827-
1828-nearest potable water supply well;
1829-(II) was placed outside the boundary of the
1830-10-year floodplain or on a part of the site that is
1831-floodproofed;
1832-(III) was placed either (aa) at least 1/4 mile
1833-from the nearest residence (other than a residence
1834-located on the same property as the facility) and
1835-there are not more than 10 occupied non-farm
1836-residences within 1/2 mile of the boundaries of
1837-the site on the date of application or (bb) a
1838-lesser distance from the nearest residence (other
1839-than a residence located on the same property as
1840-the facility) provided that the municipality or
1841-county in which the facility is located has by
1842-ordinance approved a lesser distance than 1/4 mile
1843-and there are not more than 10 occupied non-farm
1844-residences within 1/2 mile of the boundaries of
1845-the site on the date of application; and
1846-(IV) was placed more than 5 feet above the
1847-water table.
1848-Any ordinance approving a residential setback of
1849-less than 1/4 mile that is used to meet the
1850-requirements of this subparagraph (D) must
1851-specifically reference this subparagraph.
1852-For the purposes of this subsection (q), "agronomic rates"
1853-means the application of not more than 20 tons per acre per
1854-
1855-
1856-year, except that the Board may allow a higher rate for
1857-individual sites where the owner or operator has demonstrated
1858-to the Board that the site's soil characteristics or crop
1859-needs require a higher rate.
1860-For the purposes of this subsection (q), "incidental sale
1861-of finished compost" means the sale of finished compost that
1862-meets general use compost standards and is no more than 20% or
1863-300 cubic yards, whichever is less, of the total compost
1864-created annually by a private landowner for the landowner's
1865-own use.
1866-(r) Cause or allow the storage or disposal of coal
1867-combustion waste unless:
1868-(1) such waste is stored or disposed of at a site or
1869-facility for which a permit has been obtained or is not
1870-otherwise required under subsection (d) of this Section;
1871-or
1872-(2) such waste is stored or disposed of as a part of
1873-the design and reclamation of a site or facility which is
1874-an abandoned mine site in accordance with the Abandoned
1875-Mined Lands and Water Reclamation Act; or
1876-(3) such waste is stored or disposed of at a site or
1877-facility which is operating under NPDES and Subtitle D
1878-permits issued by the Agency pursuant to regulations
1879-adopted by the Board for mine-related water pollution and
1880-permits issued pursuant to the federal Surface Mining
1881-Control and Reclamation Act of 1977 (P.L. 95-87) or the
1882-
1883-
1884-rules and regulations thereunder or any law or rule or
1885-regulation adopted by the State of Illinois pursuant
1886-thereto, and the owner or operator of the facility agrees
1887-to accept the waste; and either:
1888-(i) such waste is stored or disposed of in
1889-accordance with requirements applicable to refuse
1890-disposal under regulations adopted by the Board for
1891-mine-related water pollution and pursuant to NPDES and
1892-Subtitle D permits issued by the Agency under such
1893-regulations; or
1894-(ii) the owner or operator of the facility
1895-demonstrates all of the following to the Agency, and
1896-the facility is operated in accordance with the
1897-demonstration as approved by the Agency: (1) the
1898-disposal area will be covered in a manner that will
1899-support continuous vegetation, (2) the facility will
1900-be adequately protected from wind and water erosion,
1901-(3) the pH will be maintained so as to prevent
1902-excessive leaching of metal ions, and (4) adequate
1903-containment or other measures will be provided to
1904-protect surface water and groundwater from
1905-contamination at levels prohibited by this Act, the
1906-Illinois Groundwater Protection Act, or regulations
1907-adopted pursuant thereto.
1908-Notwithstanding any other provision of this Title, the
1909-disposal of coal combustion waste pursuant to item (2) or (3)
1910-
1911-
1912-of this subdivision (r) shall be exempt from the other
1913-provisions of this Title V, and notwithstanding the provisions
1914-of Title X of this Act, the Agency is authorized to grant
1915-experimental permits which include provision for the disposal
1916-of wastes from the combustion of coal and other materials
1917-pursuant to items (2) and (3) of this subdivision (r).
1918-(s) After April 1, 1989, offer for transportation,
1919-transport, deliver, receive or accept special waste for which
1920-a manifest is required, unless the manifest indicates that the
1921-fee required under Section 22.8 of this Act has been paid.
1922-(t) Cause or allow a lateral expansion of a municipal
1923-solid waste landfill unit on or after October 9, 1993, without
1924-a permit modification, granted by the Agency, that authorizes
1925-the lateral expansion.
1926-(u) Conduct any vegetable by-product treatment, storage,
1927-disposal or transportation operation in violation of any
1928-regulation, standards or permit requirements adopted by the
1929-Board under this Act. However, no permit shall be required
1930-under this Title V for the land application of vegetable
1931-by-products conducted pursuant to Agency permit issued under
1932-Title III of this Act to the generator of the vegetable
1933-by-products. In addition, vegetable by-products may be
1934-transported in this State without a special waste hauling
1935-permit, and without the preparation and carrying of a
1936-manifest.
1937-(v) (Blank).
1938-
1939-
1940-(w) Conduct any generation, transportation, or recycling
1941-of construction or demolition debris, clean or general, or
1942-uncontaminated soil generated during construction, remodeling,
1943-repair, and demolition of utilities, structures, and roads
1944-that is not commingled with any waste, without the maintenance
1945-of documentation identifying the hauler, generator, place of
1946-origin of the debris or soil, the weight or volume of the
1947-debris or soil, and the location, owner, and operator of the
1948-facility where the debris or soil was transferred, disposed,
1949-recycled, or treated. This documentation must be maintained by
1950-the generator, transporter, or recycler for 3 years. This
1951-subsection (w) shall not apply to (1) a permitted pollution
1952-control facility that transfers or accepts construction or
1953-demolition debris, clean or general, or uncontaminated soil
1954-for final disposal, recycling, or treatment, (2) a public
1955-utility (as that term is defined in the Public Utilities Act)
1956-or a municipal utility, (3) the Illinois Department of
1957-Transportation, or (4) a municipality or a county highway
1958-department, with the exception of any municipality or county
1959-highway department located within a county having a population
1960-of over 3,000,000 inhabitants or located in a county that is
1961-contiguous to a county having a population of over 3,000,000
1962-inhabitants; but it shall apply to an entity that contracts
1963-with a public utility, a municipal utility, the Illinois
1964-Department of Transportation, or a municipality or a county
1965-highway department. The terms "generation" and "recycling", as
1966-
1967-
1968-used in this subsection, do not apply to clean construction or
1969-demolition debris when (i) used as fill material below grade
1970-outside of a setback zone if covered by sufficient
1971-uncontaminated soil to support vegetation within 30 days of
1972-the completion of filling or if covered by a road or structure,
1973-(ii) solely broken concrete without protruding metal bars is
1974-used for erosion control, or (iii) milled asphalt or crushed
1975-concrete is used as aggregate in construction of the shoulder
1976-of a roadway. The terms "generation" and "recycling", as used
1977-in this subsection, do not apply to uncontaminated soil that
1978-is not commingled with any waste when (i) used as fill material
1979-below grade or contoured to grade, or (ii) used at the site of
1980-generation.
1981-(y) Inject any carbon dioxide stream produced by a carbon
1982-dioxide capture project into a Class II well, as defined by the
1983-Board under this Act, or a Class VI well converted from a Class
1984-II well, for purposes of enhanced oil or gas recovery,
1985-including, but not limited to, the facilitation of enhanced
1986-oil or gas recovery from another well.
1987-(z) Sell or transport concentrated carbon dioxide stream
1988-produced by a carbon dioxide capture project for use in
1989-enhanced oil or gas recovery.
1990-(aa) Operate a carbon sequestration activity in a manner
1991-that causes, threatens, or allows the release of carbon
1992-dioxide so as to tend to cause water pollution in this State.
1993-(Source: P.A. 102-216, eff. 1-1-22; 102-310, eff. 8-6-21;
1994-
1995-
1996-102-558, eff. 8-20-21; 102-813, eff. 5-13-22; 103-342, eff.
1997-1-1-24.)
1998-(415 ILCS 5/Tit. XVIII heading new)
1999-TITLE XVIII: CARBON CAPTURE AND SEQUESTRATION
2000-(415 ILCS 5/59 new)
2001-Sec. 59. Definitions. As used in this Title:
2002-"Carbon dioxide capture project" mean a project or
2003-facility that:
2004-(1) uses equipment to capture a significant quantity
2005-of carbon dioxide directly from the ambient air or uses a
2006-process to separate carbon dioxide from industrial or
2007-energy-related sources, other than oil or gas production
2008-from a well; and
2009-(2) produces a concentrated fluid of carbon dioxide.
2010-"Carbon dioxide stream" means carbon dioxide, any
2011-incidental associated substances derived from the source
2012-materials and process of producing or capturing carbon
2013-dioxide, and any substance added to the stream to enable or
2014-improve the injection process or the detection of a leak or
2015-rupture.
2016-"Carbon sequestration activity" means the injection of one
2017-or more carbon dioxide streams into underground geologic
2018-formations under at least one Class VI well permit for
2019-long-term sequestration.
2020-
2021-
2022-"Criteria pollutants" means the 6 pollutants for which the
2023-United States Environmental Protection Agency has set National
2024-Ambient Air Quality Standards under Section 109 of the Clean
2025-Air Act, together with recognized precursors to those
2026-pollutants.
2027-"Project labor agreement" means a prehire collective
2028-bargaining agreement that covers all terms and conditions of
2029-employment on a specific construction project and must include
2030-the following:
2031-(1) provisions establishing the minimum hourly wage
2032-for each class of labor organization employee;
2033-(2) provisions establishing the benefits and other
2034-compensation for each class of labor organization
2035-employee;
2036-(3) provisions establishing that no strike or disputes
2037-will be engaged in by the labor organization employees;
2038-(4) provisions establishing that no lockout or
2039-disputes will be engaged in by the general contractor
2040-building the project; and
2041-(5) provisions for minorities and women, as defined
2042-under the Business Enterprise for Minorities, Women, and
2043-Persons with Disabilities Act, setting forth goals for
2044-apprenticeship hours to be performed by minorities and
2045-women and setting forth goals for total hours to be
2046-performed by underrepresented minorities and women.
2047-"Project labor agreement" includes other terms and conditions
2048-
2049-
2050-a labor organization or general contractor building the
2051-project deems necessary.
2052-"Sequestration facility" means the carbon dioxide
2053-sequestration reservoir, underground equipment, including, but
2054-not limited to, well penetrations, and surface facilities and
2055-equipment used or proposed to be used in a carbon
2056-sequestration activity. "Sequestration facility" includes each
2057-injection well and equipment used to connect surface
2058-activities to the carbon dioxide sequestration reservoir and
2059-underground equipment. "Sequestration facility" does not
2060-include pipelines used to transport carbon dioxide to a
2061-sequestration facility.
2062-(415 ILCS 5/59.1 new)
2063-Sec. 59.1. Carbon capture permit requirements. For air
2064-construction permit applications for carbon dioxide capture
2065-projects at existing sources submitted on or after the
2066-effective date of this amendatory Act of the 103rd General
2067-Assembly, no permit may be issued unless all of the following
2068-requirements are met:
2069-(1) The permit applicant demonstrates that there will
2070-be no net increase in the individual allowable potential
2071-annual criteria pollutant emissions at the source. If the
2072-Agency determines that it is technically infeasible for an
2073-applicant to demonstrate that there will be no net
2074-increase in the individual allowable potential annual
2075-
2076-
2077-criteria pollutant emissions at the source, the Agency
2078-shall allow an alternative demonstration.
2079-(2) The Agency has complied with the public
2080-participation requirements under 35 Ill. Adm. Code 252.
2081-(3) The permit applicant submits to the Agency in its
2082-permit application, a Greenhouse Gas Inventory Analysis,
2083-as set forth in guidance from the United States
2084-Environmental Protection Agency, that includes all
2085-emissions at the stack or emissions source from which
2086-carbon dioxide is captured and a demonstration that the
2087-total greenhouse gas emissions associated with capture,
2088-including, but not limited to, (i) the emissions at the
2089-stack or emissions source from which the carbon dioxide is
2090-captured, (ii) the additional emissions associated with
2091-additional electricity generated, whether on-site or
2092-off-site, used to power any capture equipment, and (iii)
2093-any increased emissions necessary for the operation of the
2094-capture facility as compared to before the installation
2095-and operation of the capture equipment at the facility, do
2096-not exceed the total amount of greenhouse gas emissions
2097-captured. This comparison shall be made on an annual
2098-basis, projected across the proposed life span of the
2099-capture project.
2100-(4) The permit applicant provides a water impact
2101-assessment report. The report must have been submitted to
2102-Department of Natural Resources and to the Soil and Water
2103-
2104-
2105-Conservation District in the county in which the project
2106-will be constructed. The report shall identify the
2107-following:
2108-(A) each water source to be used by the project;
2109-(B) the pumping method to be used by the project;
2110-(C) the maximum and expected average daily pumping
2111-rates for the pumps used by the project;
2112-(D) the impacts to each water source used by the
2113-project, such as aquifer drawdown or river reductions;
2114-and
2115-(E) a detailed assessment of the impact on water
2116-users near the area of impact.
2117-The water impact assessment shall consider the water
2118-impacts (i) immediately following the project's initial
2119-operations, (ii) at the end of the project's expected
2120-operational life, and (iii) during a drought or other
2121-similar event.
2122-The permit applicant shall submit a certification to the
2123-Agency that the applicant has submitted its initial water use
2124-impact study and the applicant's ongoing water usage to the
2125-Department of Natural Resources. This requirement may be
2126-satisfied by submitting to the Agency copies of documents
2127-provided to the United States Environmental Protection Agency
2128-in accordance with 40 CFR 146.82 if the applicant satisfies
2129-the requirements of this Section.
2130-
2131-
2132-(415 ILCS 5/59.2 new)
2133-Sec. 59.2. Report on minimum carbon capture standards and
2134-the deployment of carbon capture and sequestration technology.
2135-By December 1, 2028, the Agency, in consultation with Illinois
2136-Emergency Management Agency and Office of Homeland Security,
2137-the Illinois Commerce Commission, the Commission on
2138-Environmental Justice, and the Department of Natural
2139-Resources, shall submit to the Governor and General Assembly,
2140-a report that reviews the progress on the implementation of
2141-carbon dioxide capture, transport, and storage projects in
2142-this State. The Agency may also obtain outside consultants to
2143-assist with the report. The report shall include, at minimum:
2144-(1) a review of federal and other State statutory or
2145-regulatory actions to establish and implement a minimum
2146-carbon capture efficiency rate at the stack or emission
2147-point;
2148-(2) a review of active and proposed capture projects,
2149-including the types of technology and capture rates used
2150-by various industry subsectors to capture and store
2151-carbon;
2152-(3) an assessment of the technical and economic
2153-feasibility of carbon capture in various industries and
2154-various rates of capture; and
2155-(4) an environmental justice analysis which includes,
2156-but is not limited to:
2157-(A) an assessment of capture, transport, and
2158-
2159-
2160-sequestration projects that present potential impacts
2161-on environmental justice communities and economically
2162-disadvantaged rural communities;
2163-(B) how public participation processes associated
2164-with the permitting of carbon capture, transport, and
2165-storage projects provide transparency and meaningful
2166-participation for environmental justice communities,
2167-rural communities, minority populations, low-income
2168-populations, tribes, or indigenous peoples; and
2169-(C) options for State agencies and decision-makers
2170-to improve environmental, public health, and economic
2171-protections for environmental justice communities and
2172-economically disadvantaged rural communities in
2173-permitting and regulatory enforcement of permit
2174-provisions of carbon capture, transport, and
2175-sequestration proposals.
2176-(415 ILCS 5/59.3 new)
2177-Sec. 59.3. Minimum carbon dioxide capture efficiency
2178-rulemaking authority. The Agency may propose, and the Board
2179-may adopt, rules to establish a minimum carbon capture
2180-efficiency rate for carbon capture projects. The Agency may
2181-propose, and the Board may adopt, a minimum carbon capture
2182-efficiency rate that is applicable to all carbon capture
2183-projects or individual efficiencies applicable to distinct
2184-industries.
2185-
2186-
2187-(415 ILCS 5/59.4 new)
2188-Sec. 59.4. Report on the status and impact of carbon
2189-capture and sequestration. Beginning July 1, 2029, and every 5
2190-years thereafter, the Agency shall submit a report to the
2191-Governor and General Assembly that includes, for each carbon
2192-dioxide capture project in this State:
2193-(1) the amount of carbon dioxide captured on an annual
2194-basis;
2195-(2) the means for transporting the carbon dioxide to a
2196-sequestration or utilization facility;
2197-(3) the location of the sequestration or utilization
2198-facility used;
2199-(4) the electrical power consumption of the carbon
2200-dioxide capture equipment; and
2201-(5) the generation source or sources providing
2202-electrical power for the carbon dioxide capture equipment
2203-and the emissions of CO2 and criteria pollutants of the
2204-generation source or sources.
2205-(415 ILCS 5/59.5 new)
2206-Sec. 59.5. Prohibitions.
2207-(a) No person shall conduct a carbon sequestration
2208-activity without a permit issued by the Agency under Section
2209-59.6. This prohibition does not apply to any carbon
2210-sequestration activity in existence and permitted by the
2211-
2212-
2213-United States Environmental Protection Agency on or before the
2214-effective date of this amendatory Act of the 103rd General
2215-Assembly or to any Class VI well for which (1) a Class VI well
2216-permit has been filed with the United States Environmental
2217-Protection Agency and a completeness determination had been
2218-received prior to January 1, 2023, and (2) the sequestration
2219-activity will occur on a contiguous property with common
2220-ownership where the carbon dioxide is generated, captured, and
2221-injected.
2222-(b) No person shall conduct a carbon sequestration
2223-activity in violation of this Act.
2224-(c) No person shall conduct a carbon sequestration
2225-activity in violation of any applicable rules adopted by the
2226-Pollution Control Board.
2227-(d) No person shall conduct a carbon sequestration
2228-activity in violation of a permit issued by the Agency under
2229-this Act.
2230-(e) No person shall fail to submit reports required by
2231-this Act or required by a permit issued by the Agency under
2232-this Act.
2233-(f) No person shall conduct a carbon sequestration
2234-activity without obtaining an order for integration of pore
2235-space from the Department of Natural Resources, if applicable.
2236-(415 ILCS 5/59.6 new)
2237-Sec. 59.6. Sequestration permit; application contents. An
2238-
2239-
2240-application to obtain a carbon sequestration permit under this
2241-Act shall contain, at a minimum, the following:
2242-(1) A map and accompanying description that clearly
2243-identifies the location of all carbon sequestration
2244-activities for which a permit is sought.
2245-(2) A map and accompanying description that clearly
2246-identifies the properties overlaying the carbon
2247-sequestration activity.
2248-(3) Copies of any permit and related application
2249-materials submitted to or issued by the United States
2250-Environmental Protection Agency in accordance with 40 CFR
2251-146.82.
2252-(4) A report describing air and soil gas baseline
2253-conditions at properties potentially impacted by a release
2254-from the carbon sequestration activity to determine
2255-background levels of constituents of concern present
2256-before the commencement of the carbon sequestration
2257-activity for which a permit is sought. The report must:
2258-(A) contain sampling data generated within 180
2259-calendar days prior to the submission of the permit
2260-application;
2261-(B) identify the constituents of concern for which
2262-monitoring was conducted and the method for selecting
2263-those constituents of concern;
2264-(C) use and describe the sampling methodology
2265-employed to collect and test air and soil samples in a
2266-
2267-
2268-manner consistent with standards established by a
2269-national laboratory accreditation body;
2270-(D) identify the accredited laboratory used to
2271-conduct necessary testing; and
2272-(E) include the sampling results for the
2273-identified constituents of concern.
2274-(5) The permit application must include an air
2275-monitoring plan containing, at a minimum, the following
2276-elements:
2277-(A) sufficient surface and near-surface monitoring
2278-points based on potential risks of atmospheric carbon
2279-dioxide and any other identified constituents of
2280-concern attributable to the carbon sequestration
2281-activity to identify the nature and extent any release
2282-of carbon dioxide or other constituents of concern,
2283-the source of the release, and the estimated volume of
2284-the release;
2285-(B) a monitoring frequency designed to evaluate
2286-the nature and extent of any release of carbon dioxide
2287-or other constituents of concern, the source of the
2288-release, and the estimated volume of the release;
2289-(C) a description of the monitoring network
2290-components and methods, including sampling and
2291-equipment quality assurance methods, that comply with
2292-applicable testing and laboratory standards,
2293-established by a national laboratory accreditation
2294-
2295-
2296-body;
2297-(D) confirmation monitoring protocols to address
2298-any monitoring results that reflect a statistically
2299-significant increase over background levels; and
2300-(E) development and submission of quarterly air
2301-monitoring reports to the Agency.
2302-This requirement may be satisfied by the submission of
2303-copies of documents provided to the United States
2304-Environmental Protection Agency in accordance with 40 CFR
2305-146.82 if the applicant satisfies the requirements of this
2306-Section.
2307-(6) The permit application must include a soil gas
2308-monitoring plan containing, at a minimum, the following
2309-elements:
2310-(A) sufficient soil sampling points and sampling
2311-depths to identify the nature and extent of any
2312-release of carbon dioxide or other constituents of
2313-concern, the source of the release, and the estimated
2314-volume of the release;
2315-(B) a monitoring frequency designed to identify
2316-the nature and extent of any release of carbon dioxide
2317-or other constituents of concern, the source of the
2318-release, and the estimated volume of the release;
2319-(C) a description of the monitoring network
2320-components and methods, including sampling and
2321-equipment quality assurance methods, that comply with
2322-
2323-
2324-applicable testing and laboratory standards,
2325-established by a national laboratory accreditation
2326-body;
2327-(D) confirmation monitoring protocols to address
2328-any monitoring results that reflect a statistically
2329-significant increase over background levels; and
2330-(E) development and submission of quarterly soil
2331-gas monitoring reports to the Agency.
2332-This requirement may be satisfied by the submission of
2333-copies of documents provided to the United States
2334-Environmental Protection Agency in accordance with 40 CFR
2335-146.82 if the applicant satisfies the requirements of this
2336-Section.
2337-(7) The permit application must include an emergency
2338-response plan designed to respond to and minimize the
2339-immediate threat to human health and the environment from
2340-a release from the carbon sequestration activity. The plan
2341-must have been submitted to the Illinois Emergency
2342-Management Agency and Office of Homeland Security for
2343-review and input on the emergency preparedness activities
2344-prior to submitting in a permit application to the Agency.
2345-Proof of this submission must be included with the permit
2346-application. The plan must:
2347-(A) identify the resources and infrastructure near
2348-carbon sequestration activity;
2349-(B) identify potential risk scenarios that would
2350-
2351-
2352-result in the need to trigger a response plan.
2353-Potential risk scenarios must include, at a minimum:
2354-(i) injection or monitoring well integrity
2355-failure;
2356-(ii) injection well monitoring equipment
2357-failure;
2358-(iii) fluid or carbon dioxide release;
2359-(iv) natural disaster; or
2360-(v) induced or natural seismic event;
2361-(C) describe response actions necessary to prepare
2362-for and address each risk scenario identified in the
2363-emergency response plan. These actions should include,
2364-but are not limited to, identification and maintenance
2365-of sensors and alarms to detect carbon dioxide leaks,
2366-an internal and external communications plan
2367-accounting for external communications to the public
2368-in the primary languages of potentially impacted
2369-populations, a training program that includes regular
2370-training for employees and emergency responders on how
2371-to handle carbon dioxide, public safety, and
2372-evacuation plans, and post-incident analysis and
2373-reporting procedures;
2374-(D) identify personnel and equipment necessary to
2375-comprehensively address the emergency;
2376-(E) describe emergency notification procedures,
2377-including notifications to and coordination with State
2378-
2379-
2380-and local emergency response agencies;
2381-(F) describe the process for determining the
2382-nature and extent of any injuries or private or public
2383-property damage attributable to the release of carbon
2384-dioxide;
2385-(G) include an air and soil gas monitoring plan
2386-designed to determine the nature and extent of any air
2387-or soil gas impacts attributable to a release from the
2388-permitted carbon sequestration activity; and
2389-(H) provide any additional information or action
2390-plans requested by the Agency or the Illinois
2391-Emergency Management Agency and Office of Homeland
2392-Security.
2393-This requirement may be satisfied by the submission of
2394-copies of documents provided to the United States
2395-Environmental Protection Agency in accordance with 40 CFR
2396-146.82 if the applicant satisfies the requirements of this
2397-Section.
2398-(8) The permit applicant must include a water impact
2399-assessment report. The report must have been submitted to
2400-the Department of Natural Resources and to the Soil and
2401-Water Conservation District in the county in which the
2402-project will be constructed. The report shall identify the
2403-following:
2404-(A) each water source to be used by the project;
2405-(B) the pumping method to be used by the project;
2406-
2407-
2408-(C) the maximum and expected average daily pumping
2409-rates for the pumps used by the project;
2410-(D) the impacts to each water source, such as
2411-aquifer drawdown or river reductions; and
2412-(E) a detailed assessment of the impact of the
2413-project on water users near the area of impact.
2414-The impact assessment shall consider the water impacts
2415-(i) immediately following the project's initial
2416-operations, (ii) at the end of the project's expected
2417-operational life, and (iii) during a drought or other
2418-similar event.
2419-The permit applicant shall submit a certification to
2420-the Agency from the Department of Natural Resources that
2421-the applicant has submitted its initial water use impact
2422-study and is submitting to the Department of Resources the
2423-applicant's ongoing water usage. This requirement may be
2424-satisfied by the submission of copies of documents
2425-provided to the United States Environmental Protection
2426-Agency in accordance with 40 CFR 146.82 if the applicant
2427-satisfies the requirements of this Section.
2428-(9) The permit application must include a remedial
2429-action plan designed to address the air and soil impacts
2430-of a release from the carbon sequestration activity. The
2431-remedial action plan must, at a minimum:
2432-(A) identify all necessary remedial actions to
2433-address air and soil impacts from a release from the
2434-
2435-
2436-sequestration activity, consistent with Title XVII.
2437-Soil impacts from a release of carbon dioxide must be
2438-addressed through (i) the installation of an
2439-appropriate treatment system designed to remove
2440-contaminants of concerns emplaced by, or the increase
2441-in any contaminants of concern that result from, the
2442-carbon sequestration activity or (ii) the removal of
2443-all impacted soils and transportation of those soils
2444-to an appropriately permitted facility for treatment,
2445-storage or disposal;
2446-(B) include a demonstration of the performance,
2447-reliability, ease of implementation, and potential
2448-impacts, including safety, cross-media impacts, and
2449-control of exposure of any residual contamination, of
2450-the selected corrective actions; and
2451-(C) identify a reasonable timeline and describe
2452-the procedure for implementation and completion of the
2453-remedial action plan, consistent with Title XVII,
2454-following a release attributable to the sequestration
2455-activity.
2456-(10) The permit application must include a closure
2457-plan that addresses the post-injection site care and
2458-closure. The closure plan must include:
2459-(A) the pressure differential between preinjection
2460-and predicted post-injection pressures at all
2461-injection zones;
2462-
2463-
2464-(B) the predicted position of the carbon dioxide
2465-plume and associated pressure front at site closure;
2466-(C) a description of post-injection monitoring
2467-locations, methods, and proposed frequency;
2468-(D) a proposed schedule for submitting
2469-post-injection site care monitoring results to the
2470-Agency; and
2471-(E) the duration of the post-injection site care
2472-period that ensures nonendangerment of groundwater, as
2473-specified in 35 Ill. Adm. Code 620, or to human health
2474-or the environment. The post-injection site care
2475-period shall be no less than 30 years from the last
2476-date of injection.
2477-This requirement may be satisfied by the submission of
2478-copies of documents provided to the United States
2479-Environmental Protection Agency in accordance with 40 CFR
2480-146.93 if the applicant satisfies the requirements of this
2481-Section.
2482-(11) The permit application must contain a written
2483-estimate of the cost of all air monitoring, soil gas
2484-monitoring, emergency response, remedial action, and
2485-closure activities required by this Section.
2486-The cost estimate must be calculated in terms of
2487-reasonable actual remedial, construction, maintenance, and
2488-labor costs that the Agency would bear if contracting to
2489-complete the actions set forth in an air monitoring, soil
2490-
2491-
2492-gas monitoring, emergency response, remedial action, and
2493-closure plans set forth in an Agency-approved permit.
2494-The owner or operator must revise the cost estimate
2495-whenever there is a change in the air monitoring, soil gas
2496-monitoring, emergency response, remedial action, or
2497-closure plans that would result in an increase to the cost
2498-estimate.
2499-The owner or operator must annually revise the cost
2500-estimate to adjust for inflation.
2501-Revisions to the cost estimate must be submitted to
2502-the Agency as a permit modification.
2503-(12) Proof that the applicant has financial assurance
2504-sufficient to satisfy the requirements set forth in
2505-Section 59.10.
2506-(13) Proof of insurance that complies with the
2507-requirements set forth in Section 59.11.
2508-(415 ILCS 5/59.7 new)
2509-Sec. 59.7. Sequestration permit application fee. Upon
2510-submission of a sequestration facility permit application, and
2511-in addition to any other fees required by law, the
2512-sequestration operator shall remit to the Agency an initial,
2513-one-time permit application fee of $60,000. One-third of each
2514-sequestration facility permit application fee shall be
2515-deposited into the Water Resources Fund, the Emergency
2516-Planning and Training Fund, and the Carbon Dioxide
2517-
2518-
2519-Sequestration Administrative Fund.
2520-(415 ILCS 5/59.8 new)
2521-Sec. 59.8. Public participation. Prior to issuing a permit
2522-for carbon sequestration activity, the Agency shall issue a
2523-public notice of the permit application and draft permit. The
2524-public notice shall include a link to a website where copies of
2525-the permit application or draft permit, and all included
2526-attachments that are not protected under the Freedom of
2527-Information Act are posted, and shall provide information
2528-concerning the comment period on the permit application or
2529-draft permit and instructions for how to request a hearing on
2530-the permit application or draft permit. The Agency shall
2531-provide an opportunity for public comments on the permit
2532-application or draft permit, and shall hold a public hearing
2533-upon request. The Agency will make copies of all comments
2534-received available on its website and consider those comments
2535-when rendering its permit decision.
2536-(415 ILCS 5/59.9 new)
2537-Sec. 59.9. Closure. The owner or operator of a carbon
2538-sequestration activity permitted in accordance with this Act
2539-shall monitor the site during the post-injection site care
2540-period, which shall be no less than 30 years after the last
2541-date of injection, as well as following certification of
2542-closure by United States Environmental Protection Act to show
2543-
2544-
2545-the position of the carbon dioxide and pressure front to
2546-ensure it does not pose an endangerment to groundwater, as
2547-specified in 35 Ill. Adm. Code 620, or to human health or the
2548-environment, unless and until the Agency certifies that a
2549-carbon sequestration facility is closed. Air and soil gas
2550-monitoring required by a carbon sequestration activity permit
2551-issued by the Agency must continue until the Agency certifies
2552-the carbon sequestration facility as closed. The Agency shall
2553-certify a carbon sequestration facility as closed if:
2554-(1) the owner or operator submits to the Agency a copy
2555-of a closure certification issued for the carbon
2556-sequestration facility in accordance with 40 CFR 146.93;
2557-and
2558-(2) the owner or operator demonstrates to the Agency
2559-that no additional air or soil gas monitoring is needed to
2560-ensure the carbon sequestration facility does not pose an
2561-endangerment to groundwater, as specified in 35 Ill. Adm.
2562-Code 620, or to human health or the environment.
2563-This demonstration must include location-specific
2564-monitoring data. The certification of closure does not relieve
2565-an operator of any liabilities from the carbon sequestration
2566-activity or carbon sequestration facility.
2567-(415 ILCS 5/59.10 new)
2568-Sec. 59.10. Financial assurance.
2569-(a) The owner or operator of a sequestration activity
2570-
2571-
2572-permitted in accordance with this Act shall maintain financial
2573-assurance in an amount equal to or greater than the cost
2574-estimate calculated in accordance with paragraph (11) of
2575-Section 59.6.
2576-(b) The owner or operator of the sequestration activity
2577-must use one or a combination of the following mechanisms as
2578-financial assurance:
2579-(1) a fully funded trust fund;
2580-(2) a surety bond guaranteeing payment;
2581-(3) a surety bond guaranteeing performance; or
2582-(4) an irrevocable letter of credit.
2583-(c) The financial assurance mechanism must identify the
2584-Agency as the sole beneficiary.
2585-(d) The financial assurance mechanism shall be on forms
2586-adopted by the Agency. The Agency must adopt these forms
2587-within 90 days of the date of the effective date of this
2588-amendatory Act of the 103rd General Assembly.
2589-(e) The Agency shall release a trustee, surety, or other
2590-financial institution holding a financial assurance mechanism
2591-when:
2592-(1) the owner or operator of a carbon sequestration
2593-activity substitutes alternative financial assurance such
2594-that the total financial assurance for the site is equal
2595-to or greater than the current cost estimate, without
2596-counting the amounts to be released; or
2597-(2) the Agency determines that the owner or operator
2598-
2599-
2600-is no longer required to maintain a permit.
2601-(f) The Agency may enter into contracts and agreements it
2602-deems necessary to carry out the purposes of this Section,
2603-including, but not limited to, interagency agreements with the
2604-Illinois State Geological Survey, the Department of Natural
2605-Resources, or other agencies of the State. Neither the State
2606-nor any State employee shall be liable for any damages or
2607-injuries arising out of or resulting from any action taken
2608-under paragraph (11) of Section 59.6.
2609-(g) The Agency may order that a permit holder modify the
2610-financial assurance or order that proceeds from financial
2611-assurance be applied to the remedial action at or closure of an
2612-injection site. The Agency may pursue legal action in any
2613-court of competent jurisdiction to enforce its rights under
2614-financial instruments used to provide the financial assurance
2615-required under Section 59.10.
2616-(h) An owner or operator of a carbon sequestration
2617-activity permitted in accordance with this Act that has a
2618-closure plan approved by United States Environmental
2619-Protection Agency in accordance with 40 CFR 146.93 may satisfy
2620-the financial assurance requirements for any portion of the
2621-cost estimates for closure costs required by the Agency by
2622-submitting to the Agency true copies of the financial
2623-assurance mechanism required by 40 CFR 146.85, if those
2624-mechanisms are compliant with Section 59.10.
2625-
2626-
2627-(415 ILCS 5/59.11 new)
2628-Sec. 59.11. Insurance.
2629-(a) The owner or operator of a carbon sequestration
2630-facility permitted in accordance with this Act shall maintain
2631-insurance to cover wrongful death, bodily injuries, property
2632-damages, and public or private losses related to a release
2633-from the carbon sequestration facility from an insurer holding
2634-at least an A- rating by an AM Best or equivalent credit rating
2635-agency. Such insurance shall be in an amount of at least
2636-$25,000,000.
2637-(b) The owner or operator of a carbon sequestration
2638-activity permitted in accordance with this Act must maintain
2639-insurance required by this Section throughout the period
2640-during which carbon dioxide is injected into the sequestration
2641-site, throughout the post-injection time frame, and until the
2642-Agency certifies that the carbon sequestration facility is
2643-closed.
2644-(c) The insurance policy must provide that the insurer may
2645-not cancel or terminate, except for failure to pay the
2646-premium.
2647-(d) The insurance policy must allow for assignment to a
2648-successor owner or operator. The insurer shall not
2649-unreasonably withhold consent to assignment of the insurance
2650-policy.
2651-(415 ILCS 5/59.12 new)
2652-
2653-
2654-Sec. 59.12. Ownership of carbon dioxide; liability.
2655-(a) The owner or operator of a sequestration activity
2656-permitted in accordance with this Act may be subject to
2657-liability for any and all damage, including, but not limited
2658-to, wrongful death, bodily injuries, or tangible property
2659-damages, caused by a release attributable to the sequestration
2660-activity, including, but not limited to, damage caused by
2661-carbon dioxide or other fluids released from the sequestration
2662-facility, regardless of who holds title to the carbon dioxide,
2663-the pore space, or the surface estate.
2664-Liability for damage caused by a release attributable to
2665-the sequestration activity that is within a sequestration
2666-facility or otherwise within a sequestration operator's
2667-control, including carbon dioxide being transferred from a
2668-pipeline to the injection well, may be joint and several with a
2669-third party adjudicated to have caused or contributed to such
2670-damage.
2671-A claim of subsurface trespass shall not be actionable
2672-against an owner of operator of a sequestration facility
2673-conducting carbon sequestration activity in accordance with a
2674-valid Class VI permit and a permit issued by the Agency for a
2675-sequestration facility, unless the claimant proves that
2676-injection or migration of carbon dioxide:
2677-(1) substantially interferes with the claimant's
2678-reasonable use and enjoyment of their real property; or
2679-(2) has caused wrongful death or direct physical
2680-
2681-
2682-injury to a person, an animal, or tangible property.
2683-The State shall not be liable for any damage caused by or
2684-attributable to the sequestration activity.
2685-(b) The owner or operator of a sequestration activity
2686-permitted in accordance with this Act is liable for any and all
2687-damage that may result from equipment associated with carbon
2688-sequestration, including, but not limited to, operation of the
2689-equipment. Liability for harms or damage resulting from
2690-equipment associated with carbon sequestration, including
2691-equipment used to transfer carbon dioxide from the pipeline to
2692-the injection well, may be joint and several with a third party
2693-adjudicated to have caused or contributed to such damage.
2694-(c) Title to carbon dioxide sequestered in this State
2695-shall be vested in the operator of the sequestration facility.
2696-Sequestered carbon dioxide is a separate property independent
2697-of the sequestration pore space.
2698-(415 ILCS 5/59.13 new)
2699-Sec. 59.13. Carbon Sequestration Long-Term Trust Fund. The
2700-Carbon Dioxide Sequestration Long-Term Trust Fund is hereby
2701-created as a State trust fund in the State treasury. The Fund
2702-may receive deposits of moneys made available from any source.
2703-All moneys in the Fund are to be invested and reinvested by the
2704-State Treasurer. All interest accruing from these investments
2705-shall be deposited into the Fund to be used under the
2706-provisions of this Section. Moneys in the Fund may be used by
2707-
2708-
2709-the Agency to cover costs incurred to:
2710-(1) take any remedial or corrective action necessary
2711-to protect human health and the environment from releases,
2712-or threatened releases, from a sequestration facility;
2713-(2) monitor, inspect, or take other action if the
2714-sequestration operator abandons a sequestration facility
2715-or injection site, or fails to maintain its obligations
2716-under this Act;
2717-(3) compensate any person suffering any damages or
2718-losses to a person or property caused by a release from a
2719-sequestration facility or carbon dioxide pipeline who is
2720-not otherwise compensated from the sequestration operator;
2721-or
2722-(4) any other applicable costs under the Act.
2723-Nothing in this Section relieves a sequestration operator
2724-from its obligations under this Act, from its liability under
2725-Section 59.12, or its obligations to maintain insurance and
2726-financial assurances under Sections 59.10 and 59.11.
2727-(415 ILCS 5/59.14 new)
2728-Sec. 59.14. Water Resources Fund. The Water Resources Fund
2729-is hereby created as a special fund in the State treasury to be
2730-administered by the Department of Natural Resources. The Fund
2731-shall be used by the Department of Natural Resources for
2732-administrative costs under obligations under the Water Use Act
2733-of 1983, the Environmental Protection Act, or related
2734-
2735-
2736-statutes, including, but not limited to, reviewing water use
2737-plans and providing technical assistance to entities for water
2738-resource planning.
2739-(415 ILCS 5/59.15 new)
2740-Sec. 59.15. Environmental Justice Grant Fund. The
2741-Environmental Justice Grant Fund is hereby created as a
2742-special fund in the State treasury to be administered by the
2743-Agency. The Fund shall be used by the Agency to make grants to
2744-eligible entities, including, but not limited to, units of
2745-local government, community-based nonprofits, and eligible
2746-organizations representing areas of environmental justice
2747-concern, to fund environmental projects benefiting areas of
2748-the State that are disproportionately burdened by
2749-environmental harms. Eligible projects include, but are not
2750-limited to, water infrastructure improvements, energy
2751-efficiency projects, and transportation decarbonization
2752-projects.
2753-(415 ILCS 5/59.16 new)
2754-Sec. 59.16. Carbon Dioxide Sequestration Administrative
2755-Fund. The Carbon Dioxide Sequestration Administrative Fund is
2756-hereby created as a special fund within the State treasury to
2757-be administered by the Agency. Moneys in the fund may be used:
2758-(1) for Agency administrative costs incurred for the
2759-regulation and oversight of sequestration facilities
2760-
2761-
2762-during their construction, operation, and post-injection
2763-phases; and
2764-(2) to transfer moneys to funds outlined in Sections
2765-59.13, 59.14, and 59.15 for the purpose of implementing
2766-and enforcing the Act.
2767-The Fund may receive deposits of moneys made available
2768-from any source, including, but not limited to, fees, fines,
2769-and penalties collected under this Act, investment income, and
2770-moneys deposited or transferred into the Fund.
2771-(415 ILCS 5/59.17 new)
2772-Sec. 59.17. Sequestration annual tonnage fee.
2773-(a) Beginning July 1, 2025, and each July 1 thereafter,
2774-each sequestration operator shall report to the Agency the
2775-tons of carbon dioxide injected in the prior 12 months.
2776-(b) If the sequestration operator does not possess a
2777-project labor agreement, the sequestration operator shall be
2778-assessed a per-ton sequestration fee of $0.62.
2779-(c) If the sequestration operator does possess a project
2780-labor agreement, the sequestration operator shall be assessed
2781-a per-ton sequestration fee of $0.31.
2782-(d) The fee assessed to the sequestration operator under
2783-subsection (b) shall be reduced to $0.31 for every ton of
2784-carbon dioxide injected into a sequestration facility in that
2785-fiscal year if the sequestration operator successfully
2786-demonstrates to the Department that the following types of
2787-
2788-
2789-construction and maintenance were conducted in the State
2790-during that fiscal year by the sequestration operator and were
2791-performed by contractors and subcontractors signatory to a
2792-project labor agreement used by the building and construction
2793-trades council with relevant geographic jurisdiction:
2794-(1) construction and maintenance of equipment
2795-associated with the capture of carbon dioxide, including,
2796-but not limited to, all clearing, site preparation,
2797-concrete, equipment, and appurtenance installation;
2798-(2) construction and maintenance of carbon dioxide
2799-pipelines used to transport carbon dioxide streams to the
2800-sequestration facility, including, but not limited to, all
2801-clearing, site preparation, and site remediation. For
2802-purposes of this paragraph (2), a national multi-craft
2803-project labor agreement governing pipeline construction
2804-and maintenance used in the performance of the work
2805-described in this subsection shall satisfy the project
2806-labor agreement requirement;
2807-(3) construction and maintenance of compressor
2808-stations used to assist in the transport of carbon dioxide
2809-streams via carbon dioxide pipeline, including, but not
2810-limited to, all clearing, site preparation, concrete,
2811-equipment, and appurtenance installation; and
2812-(4) construction of carbon dioxide injection wells
2813-used at the sequestration facility, including, but not
2814-limited to, all clearing, site preparation, drilling,
2815-
2816-
2817-distribution piping, concrete, equipment, and appurtenance
2818-installation.
2819-(e) Sequestration fees shall be deposited into the Carbon
2820-Dioxide Sequestration Administrative Fund.
2821-(f) The per-ton fee for carbon dioxide injected shall be
2822-increased by an amount equal to the percentage increase, if
2823-any, in the Consumer Price Index for All Urban Consumers for
2824-all items published by the United States Department of Labor
2825-for the 12 months ending in March of the year in which the
2826-increase takes place. The rate shall be rounded to the nearest
2827-one-hundredth of one cent.
2828-(g) For the fiscal year beginning July 1, 2025, and each
2829-fiscal year thereafter, at the direction of the Agency, in
2830-consultation with the Illinois Emergency Management Agency and
2831-Office of Homeland Security, and the Department of Natural
2832-Resources, the State Comptroller shall direct and the State
2833-Treasurer shall transfer from the Carbon Dioxide Sequestration
2834-Administrative Fund the following percentages of the amounts
2835-collected under this Act by the Agency during the previous
2836-fiscal year:
2837-(1) 2% to the Water Resources Fund;
2838-(2) 6% to the Oil and Gas Resource Management Fund;
2839-(3) 20% to the Emergency Planning and Training Fund;
2840-(4) 28% to the Carbon Dioxide Sequestration Long-Term
2841-Trust Fund;
2842-(5) 10% to the General Revenue Fund; and
2843-
2844-
2845-(6) 24% to the Environmental Justice Grant Fund.
2846-Section 97. Severability. The provisions of this Act are
2847-severable under Section 1.31 of the Statute on Statutes.
32+SB1289 Enrolled- 2 -LRB103 05989 BMS 51011 b SB1289 Enrolled - 2 - LRB103 05989 BMS 51011 b
33+ SB1289 Enrolled - 2 - LRB103 05989 BMS 51011 b
34+1 space.
35+2 "Sequestration facility" means the carbon dioxide
36+3 sequestration reservoir, underground equipment, including, but
37+4 not limited to, well penetrations, and surface facilities and
38+5 equipment used or proposed to be used in a geologic storage
39+6 operation. "Sequestration facility" includes each injection
40+7 well and equipment used to connect the surface facility and
41+8 equipment to the carbon dioxide sequestration reservoir and
42+9 underground equipment. "Sequestration facility" does not
43+10 include pipelines used to transport carbon dioxide to a
44+11 sequestration facility.
45+12 Section 10. Ownership and conveyance of pore space.
46+13 (a) Title to pore space belongs to and is vested in the
47+14 surface owner of the surface estate.
48+15 (b) A conveyance of title to a surface estate conveys
49+16 title to the pore space in all strata underlying the surface
50+17 estate.
51+18 (c) Title to pore space may not be severed from title to
52+19 the surface estate. A grant of easement or lease for use of
53+20 pore space is not a severance prohibited under this
54+21 subsection.
55+22 (d) A grant of easement or lease for use of pore space
56+23 shall not confer any right to enter upon or otherwise use the
57+24 surface of the land unless the grant of easement or lease
58+25 expressly so provides that right.
59+
60+
61+
62+
63+
64+ SB1289 Enrolled - 2 - LRB103 05989 BMS 51011 b
65+
66+
67+SB1289 Enrolled- 3 -LRB103 05989 BMS 51011 b SB1289 Enrolled - 3 - LRB103 05989 BMS 51011 b
68+ SB1289 Enrolled - 3 - LRB103 05989 BMS 51011 b
69+1 (e) Any grant of easement for use of pore space or pore
70+2 space lease abstract shall be recorded in the same manner as
71+3 easements of real estate. If the holder of an easement or lease
72+4 of pore space withdraws or is denied a permit for
73+5 sequestration of carbon dioxide under Section 59.6 of the
74+6 Environmental Protection Act, including, but not limited to,
75+7 the disapproval of financial assurance under subsection (e) of
76+8 Section 22.64 of the Environmental Protection Act, the owner
77+9 of the surface estate shall have the right to have the title or
78+10 interest returned for any amounts paid to the holder of the
79+11 easement or lease.
80+12 (f) Nothing in this Section shall be construed to change
81+13 or alter the common law existing as of the effective date of
82+14 this Act as it relates to the rights belonging to, or the
83+15 dominance of, the mineral estate.
84+16 Section 15. Integration and unitization of ownership
85+17 interests.
86+18 (a) If at least 2 pore space owners own pore space located
87+19 within a proposed sequestration facility, the owners may agree
88+20 to integrate the owners' interests to develop the pore space
89+21 as a proposed sequestration facility for the underground
90+22 sequestration of carbon dioxide.
91+23 (b) If all of the pore space owners within a proposed or
92+24 permitted sequestration facility do not agree to integrate the
93+25 pore space owners' interests, the sequestration operator may
94+
95+
96+
97+
98+
99+ SB1289 Enrolled - 3 - LRB103 05989 BMS 51011 b
100+
101+
102+SB1289 Enrolled- 4 -LRB103 05989 BMS 51011 b SB1289 Enrolled - 4 - LRB103 05989 BMS 51011 b
103+ SB1289 Enrolled - 4 - LRB103 05989 BMS 51011 b
104+1 petition the Department of Natural Resources to issue an order
105+2 requiring the pore space owners to integrate their interests
106+3 and authorizing the sequestration operator or sequestration
107+4 facility permit holder to develop and use the integrated pore
108+5 space as a sequestration facility for carbon sequestration.
109+6 Such an order for unitization and integration of pore space
110+7 may only be issued if the sequestration operator has obtained
111+8 the rights from pore space owners of pore space underlying at
112+9 least 75% of the surface area above the proposed sequestration
113+10 facility. The petition shall include, but is not limited to:
114+11 (1) the name and address of the petitioners;
115+12 (2) the property index numbers or legal descriptions
116+13 for the parcels of property and a geologic description of
117+14 the pore space within the proposed or permitted
118+15 sequestration facility;
119+16 (3) a disclosure of any parcels of property overlying
120+17 the pore space to be integrated, identified by property
121+18 index numbers or legal descriptions, in which the
122+19 applicant, any of its owners, officers, corporate
123+20 subsidiaries, or parents, sister companies, or affiliates,
124+21 at the time of submission of the application or within 10
125+22 years prior to the submission of the application, have or
126+23 had any real or personal interest, whether direct or
127+24 indirect;
128+25 (4) the names and addresses of all pore space owners
129+26 owning property within the proposed or permitted
130+
131+
132+
133+
134+
135+ SB1289 Enrolled - 4 - LRB103 05989 BMS 51011 b
136+
137+
138+SB1289 Enrolled- 5 -LRB103 05989 BMS 51011 b SB1289 Enrolled - 5 - LRB103 05989 BMS 51011 b
139+ SB1289 Enrolled - 5 - LRB103 05989 BMS 51011 b
140+1 sequestration facility as disclosed by the records of the
141+2 office of the recorder for the county or counties in which
142+3 the proposed or permitted sequestration facility is
143+4 situated and a list of consenting and nonconsenting pore
144+5 space owners, as well as a list of all properties for which
145+6 a pore space owner is unknown or nonlocatable;
146+7 (5) a statement that the petitioner has exercised due
147+8 diligence to locate each pore space owner and to seek an
148+9 agreement with each for pore space rights for the
149+10 sequestration facility, including a description of the
150+11 good faith efforts taken to identify, contact, and
151+12 negotiate with each nonconsenting pore space owner;
152+13 (6) a statement of the type of operations for the
153+14 proposed or permitted sequestration facility;
154+15 (7) a plan for determining the quantity of pore space
155+16 sequestration capacity to be assigned to each separately
156+17 owned parcel of property based on the surface area acreage
157+18 overlying the proposed or permitted sequestration facility
158+19 and for using the surface for Class VI well permit
159+20 required activities under Section 35;
160+21 (8) the method by which pore space owners will be
161+22 compensated for use of the pore space, and a copy of all
162+23 agreements entered into with consenting pore space owners
163+24 regarding the compensation paid to a consenting pore space
164+25 owner;
165+26 (9) the method by which nonconsenting pore space
166+
167+
168+
169+
170+
171+ SB1289 Enrolled - 5 - LRB103 05989 BMS 51011 b
172+
173+
174+SB1289 Enrolled- 6 -LRB103 05989 BMS 51011 b SB1289 Enrolled - 6 - LRB103 05989 BMS 51011 b
175+ SB1289 Enrolled - 6 - LRB103 05989 BMS 51011 b
176+1 owners will receive just compensation; and
177+2 (10) a nonrefundable application fee of $250,000.
178+3 The application fee shall be deposited into the Oil and
179+4 Gas Resource Management Fund for the Department of Natural
180+5 Resources' costs related to administration of this Act.
181+6 (c) If the petition for a unitization order concerns
182+7 unknown or nonlocatable pore space owners, the applicant shall
183+8 provide public notice once a week for 2 consecutive weeks in
184+9 the newspaper of the largest circulation in each county in
185+10 which the proposed sequestration facility is located within 30
186+11 days prior to submission of the petition for a unitization and
187+12 integration order. The petitioner shall file proof of such
188+13 notice with the Department of Natural Resources with the
189+14 petition. The petitioner shall also provide public notice of
190+15 the public hearing described in subsection (d) in the same
191+16 manner within 30 days prior to the hearing on the petition for
192+17 a unitization order. The petitioner shall also send notice of
193+18 the filing of the petition and the notice of the public hearing
194+19 via certified mail to the last known address of each
195+20 nonlocatable pore space owner and provide copies of those
196+21 notices to the Department of Natural Resources. The notice
197+22 shall:
198+23 (1) state that a petition for a unitization and
199+24 integration order has been filed with the Department of
200+25 Natural Resources;
201+26 (2) describe the formation or formations and pore
202+
203+
204+
205+
206+
207+ SB1289 Enrolled - 6 - LRB103 05989 BMS 51011 b
208+
209+
210+SB1289 Enrolled- 7 -LRB103 05989 BMS 51011 b SB1289 Enrolled - 7 - LRB103 05989 BMS 51011 b
211+ SB1289 Enrolled - 7 - LRB103 05989 BMS 51011 b
212+1 space proposed to be unitized;
213+2 (3) in the case of an unknown pore space owner,
214+3 indicate the name of the last known pore space owner;
215+4 (4) in the case of a nonlocatable pore space owner,
216+5 identify the pore space owner and the owner's last known
217+6 address; and
218+7 (5) state that any person claiming an interest in the
219+8 properties proposed to be unitized should notify the
220+9 operator of the proposed sequestration facility at the
221+10 published address within 20 days of the publication date.
222+11 Unknown or nonlocatable pore space owners that have not
223+12 claimed an interest by the time of the Department of Natural
224+13 Resources' public notice in subsection (d) shall be deemed to
225+14 have consented to unitization and integration of their pore
226+15 space.
227+16 (d) Prior to issuing an order to unitize and integrate
228+17 pore space, the Department of Natural Resources shall issue a
229+18 public notice of the petition and shall hold a public hearing
230+19 on the petition. The public notice shall include copies of the
231+20 petition and all included attachments that are not protected
232+21 under the Freedom of Information Act. The public notice shall
233+22 include an opportunity for public comments and shall contain
234+23 the date, time, and location of the public hearing as decided
235+24 by the Department. At the public hearing, the Department shall
236+25 allow interested persons to present views and comments on the
237+26 petition. The hearings must be open to the public and recorded
238+
239+
240+
241+
242+
243+ SB1289 Enrolled - 7 - LRB103 05989 BMS 51011 b
244+
245+
246+SB1289 Enrolled- 8 -LRB103 05989 BMS 51011 b SB1289 Enrolled - 8 - LRB103 05989 BMS 51011 b
247+ SB1289 Enrolled - 8 - LRB103 05989 BMS 51011 b
248+1 by stenographic or mechanical means. The Department of Natural
249+2 Resources will make available on its website copies of all
250+3 comments received.
251+4 (e) The Department of Natural Resources shall issue an
252+5 order unitizing and integrating pore space under subsection
253+6 (b) within 60 days after the hearing upon a showing that:
254+7 (1) the petitioner has obtained a Class VI well permit
255+8 or, if the well permit application is still pending at
256+9 least one year from the date the petition has been filed,
257+10 that the petitioner has received a Finding of
258+11 Administrative Completeness from the United States
259+12 Environmental Protection Agency;
260+13 (2) the petitioner has made a good faith effort to
261+14 seek an agreement with all pore space owners located
262+15 within the proposed or permitted sequestration facility;
263+16 (3) the petitioner has obtained the rights from pore
264+17 space owners of at least 75% of the surface area above the
265+18 proposed sequestration facility; and
266+19 (4) all nonconsenting pore space owners have received
267+20 or will receive just compensation for use of the pore
268+21 space and use of the surface for Class VI well permit
269+22 required activities. Additionally, such compensation shall
270+23 be no less than the average total payment package,
271+24 considered as a whole with respect to an individual owner,
272+25 provided in agreements during the previous 365 days to
273+26 similarly situated consenting pore space owners. Such
274+
275+
276+
277+
278+
279+ SB1289 Enrolled - 8 - LRB103 05989 BMS 51011 b
280+
281+
282+SB1289 Enrolled- 9 -LRB103 05989 BMS 51011 b SB1289 Enrolled - 9 - LRB103 05989 BMS 51011 b
283+ SB1289 Enrolled - 9 - LRB103 05989 BMS 51011 b
284+1 compensation shall exclude any incentives, such as signing
285+2 bonuses, provided to consenting pore space owners prior to
286+3 the initiation of injection. Such compensation shall
287+4 include any operations term or injection term payments
288+5 made upon or after the initiation of injection provided to
289+6 consenting pore space owners in consideration of allowing
290+7 use of their pore space for sequestration of carbon
291+8 dioxide. In determining if pore space owners are similarly
292+9 situated, the Department of Natural Resources shall take
293+10 into account: the size, location, and proximity of the
294+11 pore space; the geologic characteristics of the pore
295+12 space; the restrictions on the use of the surface; the
296+13 actual use of the surface; the relevant law applicable at
297+14 the time the consenting pore space agreement was signed;
298+15 title defects and title warranties; the proximity of the
299+16 pore space owners' property to any carbon sequestration
300+17 infrastructure on the surface; whether the injection
301+18 interferes with any known mineral rights; and the fair
302+19 market value of pore space when entering into a commercial
303+20 contract. When evaluating the compensation provided to a
304+21 similarly situated pore space owner, the Department of
305+22 Natural Resources shall exclude any compensation provided
306+23 to a pore space owner of a property identified by the
307+24 applicant in paragraph (3) of subsection (b) and any
308+25 compensation that was not provided as part of an arm's
309+26 length transaction.
310+
311+
312+
313+
314+
315+ SB1289 Enrolled - 9 - LRB103 05989 BMS 51011 b
316+
317+
318+SB1289 Enrolled- 10 -LRB103 05989 BMS 51011 b SB1289 Enrolled - 10 - LRB103 05989 BMS 51011 b
319+ SB1289 Enrolled - 10 - LRB103 05989 BMS 51011 b
320+1 Unknown or nonlocatable pore space owners shall also
321+2 receive just compensation in the same manner as provided
322+3 to the other nonconsenting pore space owners that must be
323+4 held in a separate escrow account for 20 years for future
324+5 payment to the previously unknown or nonlocatable pore
325+6 space owner upon discovery of that owner. After 20 years,
326+7 the compensation shall be transferred to the State
327+8 Treasurer under the Revised Uniform Unclaimed Property
328+9 Act.
329+10 (f) The Department of Natural Resources' order for
330+11 unitization and integration of pore space under this Section
331+12 is not effective until the petitioner has been issued a Class
332+13 VI well permit from the United States Environmental Protection
333+14 Agency and the carbon sequestration permit from the Illinois
334+15 Environmental Protection Agency.
335+16 (g) An order for integration and unitization under this
336+17 Section shall: provide for the unitization of the pore space
337+18 identified in the petition; authorize the integration of pore
338+19 space of nonconsenting pore space owners in the pore space
339+20 identified; provide for who may unitize the pore space to
340+21 establish a sequestration facility to be permitted by the
341+22 Illinois Environmental Protection Agency; and make provision
342+23 for payment of just compensation to nonconsenting pore space
343+24 owner under the integration order.
344+25 (h) A petitioner shall provide a copy of any order for
345+26 unitization and integration of pore space to the Illinois
346+
347+
348+
349+
350+
351+ SB1289 Enrolled - 10 - LRB103 05989 BMS 51011 b
352+
353+
354+SB1289 Enrolled- 11 -LRB103 05989 BMS 51011 b SB1289 Enrolled - 11 - LRB103 05989 BMS 51011 b
355+ SB1289 Enrolled - 11 - LRB103 05989 BMS 51011 b
356+1 Environmental Protection Agency.
357+2 (i) If groundwater monitoring required by a Class VI
358+3 permit indicates that the source of drinking water has been
359+4 rendered unsafe to drink or to provide to livestock, the
360+5 sequestration operator shall provide an alternate supply of
361+6 potable drinking water within 24 hours of the monitoring
362+7 results becoming available and an alternate supply of water
363+8 that is safe for other uses necessary within 30 days of the
364+9 monitoring results becoming available. The alternate supplies
365+10 of both potable water and water that is safe for other uses
366+11 shall continue until additional monitoring by the
367+12 sequestration operator shows that the water is safe for
368+13 drinking and other uses.
369+14 (j) After an order for unitization and integration of pore
370+15 space is issued, the petitioner shall request that the
371+16 Department of Natural Resources issue separate orders
372+17 establishing the amount of just compensation to be provided to
373+18 each nonconsenting pore space owner. When submitting this
374+19 request, the petitioner shall provide information
375+20 demonstrating the good faith efforts taken to negotiate an
376+21 agreement with the nonconsenting pore space owner, including,
377+22 but not limited to, the number and extent of the petitioner's
378+23 contacts with the pore space owner, whether the petitioner
379+24 explained the compensation offer to the pore space owner,
380+25 whether the compensation offer was comparable to similarly
381+26 situated pore space owners, what efforts were made to address
382+
383+
384+
385+
386+
387+ SB1289 Enrolled - 11 - LRB103 05989 BMS 51011 b
388+
389+
390+SB1289 Enrolled- 12 -LRB103 05989 BMS 51011 b SB1289 Enrolled - 12 - LRB103 05989 BMS 51011 b
391+ SB1289 Enrolled - 12 - LRB103 05989 BMS 51011 b
392+1 the pore space owner's concerns, and the likelihood that
393+2 further negotiations would be successful. All orders requiring
394+3 the provision of just compensation shall be made after notice
395+4 and hearing in which the Department of Natural Resources shall
396+5 determine the appropriate amount of just compensation to be
397+6 provided to each nonconsenting pore space owner as described
398+7 in this Section. The Department shall adopt reasonable rules
399+8 governing such hearings as may be necessary. In such a
400+9 hearing, the burden shall be on the petitioner to prove the
401+10 appropriate amount of just compensation consistent with this
402+11 Section. Both the petitioner and the pore space owner shall be
403+12 permitted to provide testimony and evidence regarding the
404+13 appropriateness of the amount of just compensation proposed by
405+14 the sequestration operator. An order by the Department of
406+15 Natural Resources establishing the appropriate amount of just
407+16 compensation to be provided to a nonconsenting pore space
408+17 owner shall be a final agency decision subject to judicial
409+18 review under the Administrative Review Law. Such proceedings
410+19 for judicial review may be commenced in the circuit court of
411+20 the county in which any part of the pore space is situated. The
412+21 Department of Natural Resources shall not be required to
413+22 certify any record to the court or file any answer in court or
414+23 otherwise appear in any court in a judicial review proceeding,
415+24 unless there is filed in the court with the complaint a receipt
416+25 from the Department of Natural Resources acknowledging payment
417+26 of the costs of furnishing and certifying the record. Failure
418+
419+
420+
421+
422+
423+ SB1289 Enrolled - 12 - LRB103 05989 BMS 51011 b
424+
425+
426+SB1289 Enrolled- 13 -LRB103 05989 BMS 51011 b SB1289 Enrolled - 13 - LRB103 05989 BMS 51011 b
427+ SB1289 Enrolled - 13 - LRB103 05989 BMS 51011 b
428+1 on the part of the plaintiff to file such receipt in court
429+2 shall be grounds for dismissal of the action.
430+3 Section 20. Surface access for pore space owners.
431+4 (a) If a sequestration operator must enter upon the
432+5 surface property of an affected pore space owner to comply
433+6 with Class VI well permit requirements or carbon sequestration
434+7 activity permit requirements for the purposes of monitoring a
435+8 sequestration facility or to respond to an emergency causing
436+9 immediate risk to human health, environmental resources, or
437+10 infrastructure, the sequestration operator must undertake such
438+11 activities in such a way as to minimize the impact to the
439+12 surface of the parcel of property and to ensure that the
440+13 following requirements are met:
441+14 (1) The required actions under the Class VI well
442+15 permit or carbon sequestration activity permit shall be
443+16 limited to surface monitoring activities, such as
444+17 geophysical surveys, but does not include the installation
445+18 of surface infrastructure except as provided in paragraphs
446+19 (2) and (3).
447+20 (2) Shallow groundwater monitoring wells shall be
448+21 allowed to be installed on such property only if the
449+22 carbon dioxide plume may have unexpectedly migrated and
450+23 the United States Environmental Protection Agency or the
451+24 Illinois Environmental Protection Agency requires
452+25 monitoring of groundwater for potential carbon dioxide
453+
454+
455+
456+
457+
458+ SB1289 Enrolled - 13 - LRB103 05989 BMS 51011 b
459+
460+
461+SB1289 Enrolled- 14 -LRB103 05989 BMS 51011 b SB1289 Enrolled - 14 - LRB103 05989 BMS 51011 b
462+ SB1289 Enrolled - 14 - LRB103 05989 BMS 51011 b
463+1 impact.
464+2 (3) Injection wells, deep monitoring wells, and
465+3 surface infrastructure other than shallow groundwater
466+4 monitoring wells as allowed by paragraph (2) will not be
467+5 located on the parcel of property of an affected pore
468+6 space owner without the express written consent of such
469+7 owner.
470+8 (b) Except in an emergency causing immediate risk to human
471+9 health, environmental resources, or infrastructure, a
472+10 sequestration operator shall not enter upon the surface
473+11 property for purposes of undertaking required activities under
474+12 a Class VI well permit or carbon sequestration permit of any
475+13 affected pore space owner until 30 days after providing
476+14 written notice to the affected pore space owner by registered
477+15 mail and after providing a second notice to the pore space
478+16 owner of record, as identified in the records of the relevant
479+17 county tax assessor, by telephone or email or by registered
480+18 mail in the event the property owner has not been notified by
481+19 other means, at least 3 days, but not more than 15 days, prior
482+20 to the stated date in the notice, identifying the date when
483+21 access will first begin on the owner's property and informing
484+22 the affected pore space owner that the owner or the owner's
485+23 agent may be present when the access occurs.
486+24 Section 25. Compensation for damages to the surface.
487+25 (a) An affected pore space owner is entitled to reasonable
488+
489+
490+
491+
492+
493+ SB1289 Enrolled - 14 - LRB103 05989 BMS 51011 b
494+
495+
496+SB1289 Enrolled- 15 -LRB103 05989 BMS 51011 b SB1289 Enrolled - 15 - LRB103 05989 BMS 51011 b
497+ SB1289 Enrolled - 15 - LRB103 05989 BMS 51011 b
498+1 compensation from the sequestration operator for damages
499+2 resulting from surface access to the affected pore space
500+3 owner's property for required activities taken under a Class
501+4 VI well permit or carbon sequestration activity permit,
502+5 including:
503+6 (1) compensation for damage to growing crops, trees,
504+7 shrubs, fences, roads, structures, improvements, personal
505+8 property, and livestock thereon and compensation for the
506+9 loss of the value of a commercial crop impacted by
507+10 required activities taken by a sequestration operator
508+11 under a Class VI well permit or carbon sequestration
509+12 activity permit; the value of the crop shall be calculated
510+13 based on local market price by:
511+14 (A) determining the average per acre yield for the
512+15 same crop on comparable adjacent acreage;
513+16 (B) determining the price received for the sale of
514+17 the same crop on comparable adjacent acreage;
515+18 (C) determining the acreage of the area impacted
516+19 by Class VI well permit activities and applying the
517+20 determined price; and
518+21 (D) the initial determination of the value of the
519+22 crop shall be determined by the affected pore space
520+23 owner and submitted to the sequestration operator;
521+24 (2) compensation to return the surface estate,
522+25 including soil conservation practices, such as terraces,
523+26 grassed waterways, and other conservation practices, to a
524+
525+
526+
527+
528+
529+ SB1289 Enrolled - 15 - LRB103 05989 BMS 51011 b
530+
531+
532+SB1289 Enrolled- 16 -LRB103 05989 BMS 51011 b SB1289 Enrolled - 16 - LRB103 05989 BMS 51011 b
533+ SB1289 Enrolled - 16 - LRB103 05989 BMS 51011 b
534+1 condition as near as practicable to the condition of the
535+2 surface prior to accessing the property;
536+3 (3) compensation for damage to the productive
537+4 capability of the soil resulting from compaction or
538+5 rutting, including, but not limited to, compensation for
539+6 when a sequestration operator accesses a property where
540+7 excessively wet soil conditions would not allow normal
541+8 farming operations due to increased risk of soil erosion,
542+9 rutting, or compaction; if there is a dispute between the
543+10 sequestration operator and the affected pore space owner
544+11 regarding the value of the damage to the productive
545+12 capability of the soil, the sequestration operator shall
546+13 consult with a representative of the soil and water
547+14 conservation district in the respective county where the
548+15 parcel of property is located for recommendations to
549+16 restore the productive capability of the soil; and
550+17 (4) compensation for damage to surface and subsurface
551+18 drainage, including, but not limited to:
552+19 (A) compensation in that the sequestration
553+20 operator shall perform immediate and temporary repairs
554+21 for damage that occurs to subsurface drainage tiles
555+22 that have water actively flowing through them at the
556+23 time of damage; and
557+24 (B) compensation such that the sequestration
558+25 operator shall compensate the affected pore space
559+26 owner to permanently restore drainage to a condition
560+
561+
562+
563+
564+
565+ SB1289 Enrolled - 16 - LRB103 05989 BMS 51011 b
566+
567+
568+SB1289 Enrolled- 17 -LRB103 05989 BMS 51011 b SB1289 Enrolled - 17 - LRB103 05989 BMS 51011 b
569+ SB1289 Enrolled - 17 - LRB103 05989 BMS 51011 b
570+1 as near as practicable to the condition of the
571+2 drainage prior to accessing the property.
572+3 (b) The compensation for damages required by subsection
573+4 (a) shall be paid in any manner mutually agreed upon by the
574+5 sequestration operator and the affected pore space owners.
575+6 Unless otherwise agreed, the sequestration operator shall
576+7 tender to the surface owner payment by check or draft in
577+8 accordance with this Section 45 no later than 60 days after
578+9 completing the required activities under a Class VI well
579+10 permit or carbon sequestration permit if the occurrence or
580+11 value of damages is not disputed. The pore space owner's
581+12 remedy for unpaid or disputed compensation shall be an action
582+13 for damages in any court of competent jurisdiction for the
583+14 parcel of property or the greater part thereof on which the
584+15 activities were conducted and shall be entitled to recover
585+16 reasonable damages and attorney's fees if the pore space owner
586+17 prevails.
587+18 Section 30. Additional landowner rights.
588+19 (a) Any carbon dioxide injection well or deep monitoring
589+20 well authorized by the United States Environmental Protection
590+21 Agency through a valid UIC Class VI permit must adhere to the
591+22 new well set back requirements of 62 Ill. Adm. Code
592+23 240.410(f).
593+24 (b) If there is a significant leak of carbon dioxide from
594+25 an injection well, monitoring well, or other point on the
595+
596+
597+
598+
599+
600+ SB1289 Enrolled - 17 - LRB103 05989 BMS 51011 b
601+
602+
603+SB1289 Enrolled- 18 -LRB103 05989 BMS 51011 b SB1289 Enrolled - 18 - LRB103 05989 BMS 51011 b
604+ SB1289 Enrolled - 18 - LRB103 05989 BMS 51011 b
605+1 surface, which is associated with carbon sequestration
606+2 activity, all landowners shall be entitled to medical
607+3 monitoring of a scope and duration to be determined by the
608+4 Department of Public Health at the expense of the carbon
609+5 dioxide sequestration facility operator.
610+6 (c) Prior to the commencement of carbon dioxide injection,
611+7 the sequestration operator shall inform, via certified mail,
612+8 each property owner overlying the carbon sequestration
613+9 facility of the opportunity to request from the sequestration
614+10 operator an accurate, well-functioning carbon dioxide monitor,
615+11 which the sequestration operator shall provide to the property
616+12 owner within 30 days of receiving a written request.
617+13 (d) If monitoring conducted pursuant to United States
618+14 Environmental Protection Agency or Illinois Environmental
619+15 Protection Agency requirements shows that carbon dioxide has
620+16 migrated into the pore space of a pore space owner not
621+17 previously included within an application or order integrating
622+18 pore space, the sequestration operator shall, within 14 days,
623+19 notify that pore space owner of the migration and of the
624+20 opportunity to petition the Department of Natural Resources
625+21 for inclusion in the integrated area. If the pore space owner
626+22 submits such a petition, the sequestration operator shall
627+23 provide to the Department of Natural Resources, for its
628+24 consideration of the petition, the monitoring information
629+25 showing the migration of the carbon dioxide into the pore
630+26 space of the pore space owner at issue. The Department of
631+
632+
633+
634+
635+
636+ SB1289 Enrolled - 18 - LRB103 05989 BMS 51011 b
637+
638+
639+SB1289 Enrolled- 19 -LRB103 05989 BMS 51011 b SB1289 Enrolled - 19 - LRB103 05989 BMS 51011 b
640+ SB1289 Enrolled - 19 - LRB103 05989 BMS 51011 b
641+1 Natural Resources shall grant such a petition if it determines
642+2 that stored carbon dioxide from a permitted sequestration
643+3 facility is physically present in the pore space owned by the
644+4 pore space owner. If the Department of Natural Resources
645+5 grants the petition for inclusion in the integrated area and
646+6 the pore space owner has not entered into an agreement with the
647+7 sequestration operator for use of the pore space, the pore
648+8 space owner shall be considered a nonconsenting pore space
649+9 owner entitled to just compensation.
650+10 Section 35. The Illinois Emergency Management Agency Act
651+11 is amended by changing Section 5 as follows:
652+12 (20 ILCS 3305/5) (from Ch. 127, par. 1055)
653+13 Sec. 5. Illinois Emergency Management Agency.
654+14 (a) There is created within the executive branch of the
655+15 State Government an Illinois Emergency Management Agency and a
656+16 Director of the Illinois Emergency Management Agency, herein
657+17 called the "Director" who shall be the head thereof. The
658+18 Director shall be appointed by the Governor, with the advice
659+19 and consent of the Senate, and shall serve for a term of 2
660+20 years beginning on the third Monday in January of the
661+21 odd-numbered year, and until a successor is appointed and has
662+22 qualified; except that the term of the first Director
663+23 appointed under this Act shall expire on the third Monday in
664+24 January, 1989. The Director shall not hold any other
665+
666+
667+
668+
669+
670+ SB1289 Enrolled - 19 - LRB103 05989 BMS 51011 b
671+
672+
673+SB1289 Enrolled- 20 -LRB103 05989 BMS 51011 b SB1289 Enrolled - 20 - LRB103 05989 BMS 51011 b
674+ SB1289 Enrolled - 20 - LRB103 05989 BMS 51011 b
675+1 remunerative public office. For terms beginning after January
676+2 18, 2019 (the effective date of Public Act 100-1179) and
677+3 before January 16, 2023, the annual salary of the Director
678+4 shall be as provided in Section 5-300 of the Civil
679+5 Administrative Code of Illinois. Notwithstanding any other
680+6 provision of law, for terms beginning on or after January 16,
681+7 2023, the Director shall receive an annual salary of $180,000
682+8 or as set by the Governor, whichever is higher. On July 1,
683+9 2023, and on each July 1 thereafter, the Director shall
684+10 receive an increase in salary based on a cost of living
685+11 adjustment as authorized by Senate Joint Resolution 192 of the
686+12 86th General Assembly.
687+13 For terms beginning on or after January 16, 2023, the
688+14 Assistant Director of the Illinois Emergency Management Agency
689+15 shall receive an annual salary of $156,600 or as set by the
690+16 Governor, whichever is higher. On July 1, 2023, and on each
691+17 July 1 thereafter, the Assistant Director shall receive an
692+18 increase in salary based on a cost of living adjustment as
693+19 authorized by Senate Joint Resolution 192 of the 86th General
694+20 Assembly.
695+21 (b) The Illinois Emergency Management Agency shall obtain,
696+22 under the provisions of the Personnel Code, technical,
697+23 clerical, stenographic and other administrative personnel, and
698+24 may make expenditures within the appropriation therefor as may
699+25 be necessary to carry out the purpose of this Act. The agency
700+26 created by this Act is intended to be a successor to the agency
701+
702+
703+
704+
705+
706+ SB1289 Enrolled - 20 - LRB103 05989 BMS 51011 b
707+
708+
709+SB1289 Enrolled- 21 -LRB103 05989 BMS 51011 b SB1289 Enrolled - 21 - LRB103 05989 BMS 51011 b
710+ SB1289 Enrolled - 21 - LRB103 05989 BMS 51011 b
711+1 created under the Illinois Emergency Services and Disaster
712+2 Agency Act of 1975 and the personnel, equipment, records, and
713+3 appropriations of that agency are transferred to the successor
714+4 agency as of June 30, 1988 (the effective date of this Act).
715+5 (c) The Director, subject to the direction and control of
716+6 the Governor, shall be the executive head of the Illinois
717+7 Emergency Management Agency and the State Emergency Response
718+8 Commission and shall be responsible under the direction of the
719+9 Governor, for carrying out the program for emergency
720+10 management of this State. The Director shall also maintain
721+11 liaison and cooperate with the emergency management
722+12 organizations of this State and other states and of the
723+13 federal government.
724+14 (d) The Illinois Emergency Management Agency shall take an
725+15 integral part in the development and revision of political
726+16 subdivision emergency operations plans prepared under
727+17 paragraph (f) of Section 10. To this end it shall employ or
728+18 otherwise secure the services of professional and technical
729+19 personnel capable of providing expert assistance to the
730+20 emergency services and disaster agencies. These personnel
731+21 shall consult with emergency services and disaster agencies on
732+22 a regular basis and shall make field examinations of the
733+23 areas, circumstances, and conditions that particular political
734+24 subdivision emergency operations plans are intended to apply.
735+25 (e) The Illinois Emergency Management Agency and political
736+26 subdivisions shall be encouraged to form an emergency
737+
738+
739+
740+
741+
742+ SB1289 Enrolled - 21 - LRB103 05989 BMS 51011 b
743+
744+
745+SB1289 Enrolled- 22 -LRB103 05989 BMS 51011 b SB1289 Enrolled - 22 - LRB103 05989 BMS 51011 b
746+ SB1289 Enrolled - 22 - LRB103 05989 BMS 51011 b
747+1 management advisory committee composed of private and public
748+2 personnel representing the emergency management phases of
749+3 mitigation, preparedness, response, and recovery. The Local
750+4 Emergency Planning Committee, as created under the Illinois
751+5 Emergency Planning and Community Right to Know Act, shall
752+6 serve as an advisory committee to the emergency services and
753+7 disaster agency or agencies serving within the boundaries of
754+8 that Local Emergency Planning Committee planning district for:
755+9 (1) the development of emergency operations plan
756+10 provisions for hazardous chemical emergencies; and
757+11 (2) the assessment of emergency response capabilities
758+12 related to hazardous chemical emergencies.
759+13 (f) The Illinois Emergency Management Agency shall:
760+14 (1) Coordinate the overall emergency management
761+15 program of the State.
762+16 (2) Cooperate with local governments, the federal
763+17 government, and any public or private agency or entity in
764+18 achieving any purpose of this Act and in implementing
765+19 emergency management programs for mitigation,
766+20 preparedness, response, and recovery.
767+21 (2.5) Develop a comprehensive emergency preparedness
768+22 and response plan for any nuclear accident in accordance
769+23 with Section 65 of the Nuclear Safety Law of 2004 and in
770+24 development of the Illinois Nuclear Safety Preparedness
771+25 program in accordance with Section 8 of the Illinois
772+26 Nuclear Safety Preparedness Act.
773+
774+
775+
776+
777+
778+ SB1289 Enrolled - 22 - LRB103 05989 BMS 51011 b
779+
780+
781+SB1289 Enrolled- 23 -LRB103 05989 BMS 51011 b SB1289 Enrolled - 23 - LRB103 05989 BMS 51011 b
782+ SB1289 Enrolled - 23 - LRB103 05989 BMS 51011 b
783+1 (2.6) Coordinate with the Department of Public Health
784+2 with respect to planning for and responding to public
785+3 health emergencies.
786+4 (3) Prepare, for issuance by the Governor, executive
787+5 orders, proclamations, and regulations as necessary or
788+6 appropriate in coping with disasters.
789+7 (4) Promulgate rules and requirements for political
790+8 subdivision emergency operations plans that are not
791+9 inconsistent with and are at least as stringent as
792+10 applicable federal laws and regulations.
793+11 (5) Review and approve, in accordance with Illinois
794+12 Emergency Management Agency rules, emergency operations
795+13 plans for those political subdivisions required to have an
796+14 emergency services and disaster agency pursuant to this
797+15 Act.
798+16 (5.5) Promulgate rules and requirements for the
799+17 political subdivision emergency management exercises,
800+18 including, but not limited to, exercises of the emergency
801+19 operations plans.
802+20 (5.10) Review, evaluate, and approve, in accordance
803+21 with Illinois Emergency Management Agency rules, political
804+22 subdivision emergency management exercises for those
805+23 political subdivisions required to have an emergency
806+24 services and disaster agency pursuant to this Act.
807+25 (6) Determine requirements of the State and its
808+26 political subdivisions for food, clothing, and other
809+
810+
811+
812+
813+
814+ SB1289 Enrolled - 23 - LRB103 05989 BMS 51011 b
815+
816+
817+SB1289 Enrolled- 24 -LRB103 05989 BMS 51011 b SB1289 Enrolled - 24 - LRB103 05989 BMS 51011 b
818+ SB1289 Enrolled - 24 - LRB103 05989 BMS 51011 b
819+1 necessities in event of a disaster.
820+2 (7) Establish a register of persons with types of
821+3 emergency management training and skills in mitigation,
822+4 preparedness, response, and recovery.
823+5 (8) Establish a register of government and private
824+6 response resources available for use in a disaster.
825+7 (9) Expand the Earthquake Awareness Program and its
826+8 efforts to distribute earthquake preparedness materials to
827+9 schools, political subdivisions, community groups, civic
828+10 organizations, and the media. Emphasis will be placed on
829+11 those areas of the State most at risk from an earthquake.
830+12 Maintain the list of all school districts, hospitals,
831+13 airports, power plants, including nuclear power plants,
832+14 lakes, dams, emergency response facilities of all types,
833+15 and all other major public or private structures which are
834+16 at the greatest risk of damage from earthquakes under
835+17 circumstances where the damage would cause subsequent harm
836+18 to the surrounding communities and residents.
837+19 (10) Disseminate all information, completely and
838+20 without delay, on water levels for rivers and streams and
839+21 any other data pertaining to potential flooding supplied
840+22 by the Division of Water Resources within the Department
841+23 of Natural Resources to all political subdivisions to the
842+24 maximum extent possible.
843+25 (11) Develop agreements, if feasible, with medical
844+26 supply and equipment firms to supply resources as are
845+
846+
847+
848+
849+
850+ SB1289 Enrolled - 24 - LRB103 05989 BMS 51011 b
851+
852+
853+SB1289 Enrolled- 25 -LRB103 05989 BMS 51011 b SB1289 Enrolled - 25 - LRB103 05989 BMS 51011 b
854+ SB1289 Enrolled - 25 - LRB103 05989 BMS 51011 b
855+1 necessary to respond to an earthquake or any other
856+2 disaster as defined in this Act. These resources will be
857+3 made available upon notifying the vendor of the disaster.
858+4 Payment for the resources will be in accordance with
859+5 Section 7 of this Act. The Illinois Department of Public
860+6 Health shall determine which resources will be required
861+7 and requested.
862+8 (11.5) In coordination with the Illinois State Police,
863+9 develop and implement a community outreach program to
864+10 promote awareness among the State's parents and children
865+11 of child abduction prevention and response.
866+12 (12) Out of funds appropriated for these purposes,
867+13 award capital and non-capital grants to Illinois hospitals
868+14 or health care facilities located outside of a city with a
869+15 population in excess of 1,000,000 to be used for purposes
870+16 that include, but are not limited to, preparing to respond
871+17 to mass casualties and disasters, maintaining and
872+18 improving patient safety and quality of care, and
873+19 protecting the confidentiality of patient information. No
874+20 single grant for a capital expenditure shall exceed
875+21 $300,000. No single grant for a non-capital expenditure
876+22 shall exceed $100,000. In awarding such grants, preference
877+23 shall be given to hospitals that serve a significant
878+24 number of Medicaid recipients, but do not qualify for
879+25 disproportionate share hospital adjustment payments under
880+26 the Illinois Public Aid Code. To receive such a grant, a
881+
882+
883+
884+
885+
886+ SB1289 Enrolled - 25 - LRB103 05989 BMS 51011 b
887+
888+
889+SB1289 Enrolled- 26 -LRB103 05989 BMS 51011 b SB1289 Enrolled - 26 - LRB103 05989 BMS 51011 b
890+ SB1289 Enrolled - 26 - LRB103 05989 BMS 51011 b
891+1 hospital or health care facility must provide funding of
892+2 at least 50% of the cost of the project for which the grant
893+3 is being requested. In awarding such grants the Illinois
894+4 Emergency Management Agency shall consider the
895+5 recommendations of the Illinois Hospital Association.
896+6 (13) Do all other things necessary, incidental or
897+7 appropriate for the implementation of this Act.
898+8 (g) The Illinois Emergency Management Agency is authorized
899+9 to make grants to various higher education institutions,
900+10 public K-12 school districts, area vocational centers as
901+11 designated by the State Board of Education, inter-district
902+12 special education cooperatives, regional safe schools, and
903+13 nonpublic K-12 schools for safety and security improvements.
904+14 For the purpose of this subsection (g), "higher education
905+15 institution" means a public university, a public community
906+16 college, or an independent, not-for-profit or for-profit
907+17 higher education institution located in this State. Grants
908+18 made under this subsection (g) shall be paid out of moneys
909+19 appropriated for that purpose from the Build Illinois Bond
910+20 Fund. The Illinois Emergency Management Agency shall adopt
911+21 rules to implement this subsection (g). These rules may
912+22 specify: (i) the manner of applying for grants; (ii) project
913+23 eligibility requirements; (iii) restrictions on the use of
914+24 grant moneys; (iv) the manner in which the various higher
915+25 education institutions must account for the use of grant
916+26 moneys; and (v) any other provision that the Illinois
917+
918+
919+
920+
921+
922+ SB1289 Enrolled - 26 - LRB103 05989 BMS 51011 b
923+
924+
925+SB1289 Enrolled- 27 -LRB103 05989 BMS 51011 b SB1289 Enrolled - 27 - LRB103 05989 BMS 51011 b
926+ SB1289 Enrolled - 27 - LRB103 05989 BMS 51011 b
927+1 Emergency Management Agency determines to be necessary or
928+2 useful for the administration of this subsection (g).
929+3 (g-5) The Illinois Emergency Management Agency is
930+4 authorized to make grants to not-for-profit organizations
931+5 which are exempt from federal income taxation under section
932+6 501(c)(3) of the Federal Internal Revenue Code for eligible
933+7 security improvements that assist the organization in
934+8 preventing, preparing for, or responding to threats, attacks,
935+9 or acts of terrorism. To be eligible for a grant under the
936+10 program, the Agency must determine that the organization is at
937+11 a high risk of being subject to threats, attacks, or acts of
938+12 terrorism based on the organization's profile, ideology,
939+13 mission, or beliefs. Eligible security improvements shall
940+14 include all eligible preparedness activities under the federal
941+15 Nonprofit Security Grant Program, including, but not limited
942+16 to, physical security upgrades, security training exercises,
943+17 preparedness training exercises, contracting with security
944+18 personnel, and any other security upgrades deemed eligible by
945+19 the Director. Eligible security improvements shall not
946+20 duplicate, in part or in whole, a project included under any
947+21 awarded federal grant or in a pending federal application. The
948+22 Director shall establish procedures and forms by which
949+23 applicants may apply for a grant and procedures for
950+24 distributing grants to recipients. Any security improvements
951+25 awarded shall remain at the physical property listed in the
952+26 grant application, unless authorized by Agency rule or
953+
954+
955+
956+
957+
958+ SB1289 Enrolled - 27 - LRB103 05989 BMS 51011 b
959+
960+
961+SB1289 Enrolled- 28 -LRB103 05989 BMS 51011 b SB1289 Enrolled - 28 - LRB103 05989 BMS 51011 b
962+ SB1289 Enrolled - 28 - LRB103 05989 BMS 51011 b
963+1 approved by the Agency in writing. The procedures shall
964+2 require each applicant to do the following:
965+3 (1) identify and substantiate prior or current
966+4 threats, attacks, or acts of terrorism against the
967+5 not-for-profit organization;
968+6 (2) indicate the symbolic or strategic value of one or
969+7 more sites that renders the site a possible target of a
970+8 threat, attack, or act of terrorism;
971+9 (3) discuss potential consequences to the organization
972+10 if the site is damaged, destroyed, or disrupted by a
973+11 threat, attack, or act of terrorism;
974+12 (4) describe how the grant will be used to integrate
975+13 organizational preparedness with broader State and local
976+14 preparedness efforts, as described by the Agency in each
977+15 Notice of Opportunity for Funding;
978+16 (5) submit (i) a vulnerability assessment conducted by
979+17 experienced security, law enforcement, or military
980+18 personnel, or conducted using an Agency-approved or
981+19 federal Nonprofit Security Grant Program self-assessment
982+20 tool, and (ii) a description of how the grant award will be
983+21 used to address the vulnerabilities identified in the
984+22 assessment; and
985+23 (6) submit any other relevant information as may be
986+24 required by the Director.
987+25 The Agency is authorized to use funds appropriated for the
988+26 grant program described in this subsection (g-5) to administer
989+
990+
991+
992+
993+
994+ SB1289 Enrolled - 28 - LRB103 05989 BMS 51011 b
995+
996+
997+SB1289 Enrolled- 29 -LRB103 05989 BMS 51011 b SB1289 Enrolled - 29 - LRB103 05989 BMS 51011 b
998+ SB1289 Enrolled - 29 - LRB103 05989 BMS 51011 b
999+1 the program. Any Agency Notice of Opportunity for Funding,
1000+2 proposed or final rulemaking, guidance, training opportunity,
1001+3 or other resource related to the grant program must be
1002+4 published on the Agency's publicly available website, and any
1003+5 announcements related to funding shall be shared with all
1004+6 State legislative offices, the Governor's office, emergency
1005+7 services and disaster agencies mandated or required pursuant
1006+8 to subsections (b) through (d) of Section 10, and any other
1007+9 State agencies as determined by the Agency. Subject to
1008+10 appropriation, the grant application period shall be open for
1009+11 no less than 45 calendar days during the first application
1010+12 cycle each fiscal year, unless the Agency determines that a
1011+13 shorter period is necessary to avoid conflicts with the annual
1012+14 federal Nonprofit Security Grant Program funding cycle.
1013+15 Additional application cycles may be conducted during the same
1014+16 fiscal year, subject to availability of funds. Upon request,
1015+17 Agency staff shall provide reasonable assistance to any
1016+18 applicant in completing a grant application or meeting a
1017+19 post-award requirement.
1018+20 (h) Except as provided in Section 17.5 of this Act, any
1019+21 moneys received by the Agency from donations or sponsorships
1020+22 unrelated to a disaster shall be deposited in the Emergency
1021+23 Planning and Training Fund and used by the Agency, subject to
1022+24 appropriation, to effectuate planning and training activities.
1023+25 Any moneys received by the Agency from donations during a
1024+26 disaster and intended for disaster response or recovery shall
1025+
1026+
1027+
1028+
1029+
1030+ SB1289 Enrolled - 29 - LRB103 05989 BMS 51011 b
1031+
1032+
1033+SB1289 Enrolled- 30 -LRB103 05989 BMS 51011 b SB1289 Enrolled - 30 - LRB103 05989 BMS 51011 b
1034+ SB1289 Enrolled - 30 - LRB103 05989 BMS 51011 b
1035+1 be deposited into the Disaster Response and Recovery Fund and
1036+2 used for disaster response and recovery pursuant to the
1037+3 Disaster Relief Act.
1038+4 (i) The Illinois Emergency Management Agency may by rule
1039+5 assess and collect reasonable fees for attendance at
1040+6 Agency-sponsored conferences to enable the Agency to carry out
1041+7 the requirements of this Act. Any moneys received under this
1042+8 subsection shall be deposited in the Emergency Planning and
1043+9 Training Fund and used by the Agency, subject to
1044+10 appropriation, for planning and training activities.
1045+11 (j) The Illinois Emergency Management Agency is authorized
1046+12 to make grants to other State agencies, public universities,
1047+13 units of local government, and statewide mutual aid
1048+14 organizations to enhance statewide emergency preparedness and
1049+15 response.
1050+16 (k) Subject to appropriation from the Emergency Planning
1051+17 and Training Fund, the Illinois Emergency Management Agency
1052+18 and Office of Homeland Security shall obtain training services
1053+19 and support for local emergency services and support for local
1054+20 emergency services and disaster agencies for training,
1055+21 exercises, and equipment related to carbon dioxide pipelines
1056+22 and sequestration, and, subject to the availability of
1057+23 funding, shall provide $5,000 per year to the Illinois Fire
1058+24 Service Institute for first responder training required under
1059+25 Section 4-615 of the Public Utilities Act. Amounts in the
1060+26 Emergency Planning and Training Fund will be used by the
1061+
1062+
1063+
1064+
1065+
1066+ SB1289 Enrolled - 30 - LRB103 05989 BMS 51011 b
1067+
1068+
1069+SB1289 Enrolled- 31 -LRB103 05989 BMS 51011 b SB1289 Enrolled - 31 - LRB103 05989 BMS 51011 b
1070+ SB1289 Enrolled - 31 - LRB103 05989 BMS 51011 b
1071+1 Illinois Emergency Management Agency and Office of Homeland
1072+2 Security for administrative costs incurred in carrying out the
1073+3 requirements of this subsection. To carry out the purposes of
1074+4 this subsection, the Illinois Emergency Management Agency and
1075+5 Office of Homeland Security may accept moneys from all
1076+6 authorized sources into the Emergency Planning and Training
1077+7 Fund, including, but not limited to, transfers from the Carbon
1078+8 Dioxide Sequestration Administrative Fund and the Public
1079+9 Utility Fund.
1080+10 (Source: P.A. 102-16, eff. 6-17-21; 102-538, eff. 8-20-21;
1081+11 102-813, eff. 5-13-22; 102-1115, eff. 1-9-23; 103-418, eff.
1082+12 1-1-24.)
1083+13 Section 40. The State Finance Act is amended by adding
1084+14 Sections 5.1015, 5.1016, and 5.1017 as follows:
1085+15 (30 ILCS 105/5.1015 new)
1086+16 Sec. 5.1015. The Carbon Dioxide Sequestration
1087+17 Administrative Fund.
1088+18 (30 ILCS 105/5.1016 new)
1089+19 Sec. 5.1016. The Environmental Justice Grant Fund.
1090+20 (30 ILCS 105/5.1017 new)
1091+21 Sec. 5.1017. The Water Resources Fund.
1092+
1093+
1094+
1095+
1096+
1097+ SB1289 Enrolled - 31 - LRB103 05989 BMS 51011 b
1098+
1099+
1100+SB1289 Enrolled- 32 -LRB103 05989 BMS 51011 b SB1289 Enrolled - 32 - LRB103 05989 BMS 51011 b
1101+ SB1289 Enrolled - 32 - LRB103 05989 BMS 51011 b
1102+1 Section 45. The Public Utilities Act is amended by
1103+2 changing Section 8-509 and by adding Sections 3-127, 4-615,
1104+3 and 15-103 as follows:
1105+4 (220 ILCS 5/3-127 new)
1106+5 Sec. 3-127. Carbon dioxide pipeline. "Carbon dioxide
1107+6 pipeline" has the same meaning given to that term in Section 10
1108+7 of the Carbon Dioxide Transportation and Sequestration Act.
1109+8 (220 ILCS 5/4-615 new)
1110+9 Sec. 4-615. Training for carbon dioxide emergencies.
1111+10 (a) Prior to any pipeline for the transportation of carbon
1112+11 dioxide becoming operational, the Illinois Fire Service
1113+12 Institute, in coordination with the Office of the State Fire
1114+13 Marshal, an EMS System, the Department of Public Health, and
1115+14 the Illinois Emergency Management Agency and Office of
1116+15 Homeland Security, shall develop and offer at least one course
1117+16 for first responders who respond when carbon dioxide is
1118+17 released from a pipeline or a sequestration facility. At a
1119+18 minimum, the course shall cover:
1120+19 (1) how to identify a carbon dioxide release;
1121+20 (2) communications procedures to quickly share
1122+21 information about a carbon dioxide release, including
1123+22 alarms, sirens, text message alerts, and other means of
1124+23 alerting the public;
1125+24 (3) procedures for locating residents and others in
1126+
1127+
1128+
1129+
1130+
1131+ SB1289 Enrolled - 32 - LRB103 05989 BMS 51011 b
1132+
1133+
1134+SB1289 Enrolled- 33 -LRB103 05989 BMS 51011 b SB1289 Enrolled - 33 - LRB103 05989 BMS 51011 b
1135+ SB1289 Enrolled - 33 - LRB103 05989 BMS 51011 b
1136+1 the affected area and, when necessary, transporting
1137+2 residents and others in the affected area out of the area
1138+3 to health care facilities; and
1139+4 (4) signs and symptoms of exposure to a carbon dioxide
1140+5 release.
1141+6 (b) Each year thereafter, the Illinois Fire Service
1142+7 Institute, in coordination with the Office of the State Fire
1143+8 Marshal, an EMS System and the Department of Public Health,
1144+9 shall offer a training session at the Illinois Fire Service
1145+10 Institute's Regions for Training Delivery on emergency
1146+11 response procedures during carbon dioxide releases. These
1147+12 trainings shall be available to first responders in the State
1148+13 with priority participation given to counties in which carbon
1149+14 dioxide is proposed to be or is transported or sequestered.
1150+15 (c) Prior to a carbon dioxide pipeline becoming
1151+16 operational, the owner or operator of the pipeline shall
1152+17 develop, in coordination with the Illinois Emergency
1153+18 Management Agency and Office of Homeland Security and
1154+19 Department of Public Health, emergency preparedness materials
1155+20 for residents and local businesses in the counties within 2
1156+21 miles of where the owner or operator is transporting or
1157+22 sequestering carbon dioxide. At a minimum, these materials
1158+23 shall include:
1159+24 (1) what to do in the event of a carbon dioxide
1160+25 release;
1161+26 (2) symptoms of exposure to a carbon dioxide release;
1162+
1163+
1164+
1165+
1166+
1167+ SB1289 Enrolled - 33 - LRB103 05989 BMS 51011 b
1168+
1169+
1170+SB1289 Enrolled- 34 -LRB103 05989 BMS 51011 b SB1289 Enrolled - 34 - LRB103 05989 BMS 51011 b
1171+ SB1289 Enrolled - 34 - LRB103 05989 BMS 51011 b
1172+1 and
1173+2 (3) recommendations for items residents and local
1174+3 businesses may want to acquire, including, but not limited
1175+4 to, carbon dioxide monitors and air supply respirators.
1176+5 The Illinois Emergency Management Agency and Office of
1177+6 Homeland Security and the Department of Public Health shall
1178+7 publish this information on their websites and provide these
1179+8 materials to local emergency management agencies and local
1180+9 public health departments in relevant counties.
1181+10 (d) For each carbon dioxide pipeline, the owner or
1182+11 operator of the pipeline shall use modeling that can handle
1183+12 non-flat terrain; obstacles, such as vegetation and buildings;
1184+13 time or spatial variations in wind, including direction and
1185+14 speed; ambient weather conditions, such as temperature and
1186+15 humidity; variations to the direction of release of CO2; and
1187+16 concentrations and durations of CO2, in addition to the
1188+17 specifics related to the pipeline design, including, but not
1189+18 limited to, diameter, thickness, and shutoff valves, to
1190+19 develop a risk-based assessment and a chemical safety
1191+20 contingency plan. The Illinois Emergency Management Agency and
1192+21 Office of Homeland Security shall publish this information on
1193+22 its website and provide these materials to local emergency
1194+23 management agencies in relevant counties.
1195+24 (e) Each year, the owner or operator of a pipeline, in
1196+25 coordination with Department of Public Health and local
1197+26 emergency response personnel, shall offer at least 2 public
1198+
1199+
1200+
1201+
1202+
1203+ SB1289 Enrolled - 34 - LRB103 05989 BMS 51011 b
1204+
1205+
1206+SB1289 Enrolled- 35 -LRB103 05989 BMS 51011 b SB1289 Enrolled - 35 - LRB103 05989 BMS 51011 b
1207+ SB1289 Enrolled - 35 - LRB103 05989 BMS 51011 b
1208+1 training sessions for residents and local businesses in every
1209+2 county in which carbon dioxide is transported or sequestered.
1210+3 These trainings shall be offered in person and virtually. Each
1211+4 training shall be recorded and provided to Illinois Emergency
1212+5 Management Agency and Office of Homeland Security and the
1213+6 Department of Public Health to maintain a copy on their
1214+7 websites, as appropriate, with the emergency preparedness
1215+8 materials identified in subsection (c).
1216+9 (f) Each year, the owner or operator of the pipeline shall
1217+10 develop, in coordination with the Department of Public Health,
1218+11 and offer a training session for medical personnel in each
1219+12 county along the pipeline route, including staff in hospitals
1220+13 and emergency rooms, health clinics, and other health care
1221+14 facilities. These trainings shall be offered in person and
1222+15 virtually and be approved by the Department of Public Health.
1223+16 Each training shall be recorded and provided to the Department
1224+17 of Public Health to maintain a copy on its website, as
1225+18 appropriate, and distribute to staff in hospitals and
1226+19 emergency rooms, health clinics, and other health care
1227+20 facilities.
1228+21 (g) At least every 5 years, the Illinois Fire Service
1229+22 Institute shall review and, if appropriate, revise or add
1230+23 trainings developed under this Section to incorporate new best
1231+24 practices, technologies, developments, or information that
1232+25 improves emergency response and treatment for carbon dioxide
1233+26 releases.
1234+
1235+
1236+
1237+
1238+
1239+ SB1289 Enrolled - 35 - LRB103 05989 BMS 51011 b
1240+
1241+
1242+SB1289 Enrolled- 36 -LRB103 05989 BMS 51011 b SB1289 Enrolled - 36 - LRB103 05989 BMS 51011 b
1243+ SB1289 Enrolled - 36 - LRB103 05989 BMS 51011 b
1244+1 (h) At least every 5 years, the owner or operator, in
1245+2 coordination with local emergency response personnel, the
1246+3 Illinois Emergency Management Agency and Office of Homeland
1247+4 Security, and the Department of Public Health, shall review
1248+5 and, if appropriate, update emergency preparedness materials
1249+6 and trainings for residents and local businesses identified in
1250+7 subsections (c) and (d) to incorporate new best practices,
1251+8 technologies, developments, or information that may assist
1252+9 local residents and businesses to be prepared if a carbon
1253+10 dioxide release occurs.
1254+11 (220 ILCS 5/8-509) (from Ch. 111 2/3, par. 8-509)
1255+12 Sec. 8-509. When necessary for the construction of any
1256+13 alterations, additions, extensions or improvements ordered or
1257+14 authorized under Section 8-406.1 or 8-503 of this Act, any
1258+15 public utility may enter upon, take or damage private property
1259+16 in the manner provided for by the law of eminent domain. If a
1260+17 public utility seeks relief under this Section in the same
1261+18 proceeding in which it seeks a certificate of public
1262+19 convenience and necessity under Section 8-406.1 of this Act,
1263+20 the Commission shall enter its order under this Section either
1264+21 as part of the Section 8-406.1 order or at the same time it
1265+22 enters the Section 8-406.1 order. If a public utility seeks
1266+23 relief under this Section after the Commission enters its
1267+24 order in the Section 8-406.1 proceeding, the Commission shall
1268+25 issue its order under this Section within 45 days after the
1269+
1270+
1271+
1272+
1273+
1274+ SB1289 Enrolled - 36 - LRB103 05989 BMS 51011 b
1275+
1276+
1277+SB1289 Enrolled- 37 -LRB103 05989 BMS 51011 b SB1289 Enrolled - 37 - LRB103 05989 BMS 51011 b
1278+ SB1289 Enrolled - 37 - LRB103 05989 BMS 51011 b
1279+1 utility files its petition under this Section.
1280+2 This Section applies to the exercise of eminent domain
1281+3 powers by telephone companies or telecommunications carriers
1282+4 only when the facilities to be constructed are intended to be
1283+5 used in whole or in part for providing one or more intrastate
1284+6 telecommunications services classified as "noncompetitive"
1285+7 under Section 13-502 in a tariff filed by the condemnor. The
1286+8 exercise of eminent domain powers by telephone companies or
1287+9 telecommunications carriers in all other cases shall be
1288+10 governed solely by "An Act relating to the powers, duties and
1289+11 property of telephone companies", approved May 16, 1903, as
1290+12 now or hereafter amended.
1291+13 This Section applies to the exercise of eminent domain
1292+14 powers by an owner or operator of a pipeline designed,
1293+15 constructed, and operated to transport carbon dioxide to which
1294+16 the Commission has granted a certificate under Section 20 of
1295+17 the Carbon Dioxide Transportation and Sequestration Act and
1296+18 may seek eminent domain authority from the Commission under
1297+19 this Section. If the applicant of such a certificate of
1298+20 authority for a new carbon dioxide pipeline seeks relief under
1299+21 this Section in the same proceeding in which it seeks a
1300+22 certificate of authority for a new carbon dioxide pipeline
1301+23 under Section 20 of the Carbon Dioxide Transportation and
1302+24 Sequestration Act, the Commission shall enter its order under
1303+25 this Section either as part of or at the same time as its order
1304+26 under the Carbon Dioxide Transportation and Sequestration Act.
1305+
1306+
1307+
1308+
1309+
1310+ SB1289 Enrolled - 37 - LRB103 05989 BMS 51011 b
1311+
1312+
1313+SB1289 Enrolled- 38 -LRB103 05989 BMS 51011 b SB1289 Enrolled - 38 - LRB103 05989 BMS 51011 b
1314+ SB1289 Enrolled - 38 - LRB103 05989 BMS 51011 b
1315+1 Notwithstanding anything to the contrary in this Section, the
1316+2 owner or operator of such a pipeline shall not be considered to
1317+3 be a public utility for any other provisions of this Act.
1318+4 (Source: P.A. 100-840, eff. 8-13-18.)
1319+5 (220 ILCS 5/15-103 new)
1320+6 Sec. 15-103. Application of carbon dioxide pipelines. This
1321+7 Article does not apply to a new carbon dioxide pipeline as
1322+8 defined in Section 10 of the Carbon Dioxide Transportation and
1323+9 Sequestration Act.
1324+10 Section 50. The Carbon Dioxide Transportation and
1325+11 Sequestration Act is amended by changing Sections 5, 10, 15,
1326+12 and 20 and by adding Sections 35 and 40 as follows:
1327+13 (220 ILCS 75/5)
1328+14 Sec. 5. Legislative purpose. Pipeline transportation of
1329+15 carbon dioxide for sequestration, enhanced oil recovery, and
1330+16 other carbon management purposes other than enhanced oil
1331+17 recovery is declared to be a public use and service, in the
1332+18 public interest, and a benefit to the welfare of Illinois and
1333+19 the people of Illinois because pipeline transportation is
1334+20 necessary for sequestration, enhanced oil recovery, or other
1335+21 carbon management purposes other than enhanced oil recovery
1336+22 and thus is an essential component to compliance with required
1337+23 or voluntary plans to reduce carbon dioxide emissions from
1338+
1339+
1340+
1341+
1342+
1343+ SB1289 Enrolled - 38 - LRB103 05989 BMS 51011 b
1344+
1345+
1346+SB1289 Enrolled- 39 -LRB103 05989 BMS 51011 b SB1289 Enrolled - 39 - LRB103 05989 BMS 51011 b
1347+ SB1289 Enrolled - 39 - LRB103 05989 BMS 51011 b
1348+1 "clean coal" facilities and other sources. Carbon dioxide
1349+2 pipelines are critical to the promotion and use of Illinois
1350+3 coal and also advance economic development, environmental
1351+4 protection, and energy security in the State.
1352+5 (Source: P.A. 97-534, eff. 8-23-11.)
1353+6 (220 ILCS 75/10)
1354+7 Sec. 10. Definitions. As used in this Act:
1355+8 "Carbon dioxide pipeline" or "pipeline" means the in-state
1356+9 portion of a pipeline, including appurtenant facilities,
1357+10 property rights, and easements, that are used exclusively for
1358+11 the purpose of transporting carbon dioxide to a point of sale,
1359+12 storage, enhanced oil recovery, or other carbon management
1360+13 application. "Carbon dioxide pipeline" or "pipeline" does not
1361+14 include the portion of pipelines sold or used for enhanced oil
1362+15 recovery in this State.
1363+16 "Clean coal facility" has the meaning ascribed to that
1364+17 term in Section 1-10 of the Illinois Power Agency Act.
1365+18 "Clean coal SNG facility" has the meaning ascribed to that
1366+19 term in Section 1-10 of the Illinois Power Agency Act.
1367+20 "Commission" means the Illinois Commerce Commission.
1368+21 "Legacy carbon dioxide pipeline" includes any carbon
1369+22 dioxide pipeline constructed before July 1, 2024 that is less
1370+23 than one mile in length, is located on property entirely owned
1371+24 by the pipeline operator, and is used to transport carbon
1372+25 dioxide to an injection well.
1373+
1374+
1375+
1376+
1377+
1378+ SB1289 Enrolled - 39 - LRB103 05989 BMS 51011 b
1379+
1380+
1381+SB1289 Enrolled- 40 -LRB103 05989 BMS 51011 b SB1289 Enrolled - 40 - LRB103 05989 BMS 51011 b
1382+ SB1289 Enrolled - 40 - LRB103 05989 BMS 51011 b
1383+1 "New carbon dioxide pipeline" means any carbon dioxide
1384+2 pipeline constructed after July 1, 2024.
1385+3 "Sequester" has the meaning ascribed to that term in
1386+4 Section 1-10 of the Illinois Power Agency Act. "Sequester"
1387+5 does not include the sale or use of carbon dioxide for enhanced
1388+6 oil recovery in Illinois.
1389+7 "Transportation" means the physical movement of carbon
1390+8 dioxide by pipeline conducted for a person's own use or
1391+9 account or the use or account of another person or persons.
1392+10 (Source: P.A. 97-534, eff. 8-23-11.)
1393+11 (220 ILCS 75/15)
1394+12 Sec. 15. Scope. This Act applies to the application
1395+13 process for the issuance of a certificate of authority by an
1396+14 owner or operator of a pipeline designed, constructed, and
1397+15 operated to transport and to sequester carbon dioxide produced
1398+16 by a clean coal facility, by a clean coal SNG facility, or by
1399+17 any other source that will result in the reduction of carbon
1400+18 dioxide emissions from that source.
1401+19 (Source: P.A. 97-534, eff. 8-23-11.)
1402+20 (220 ILCS 75/20)
1403+21 Sec. 20. Application.
1404+22 (a) No person or entity may construct, operate, or repair
1405+23 a carbon dioxide pipeline unless the person or entity
1406+24 possesses a certificate of authority. Nothing in this Act
1407+
1408+
1409+
1410+
1411+
1412+ SB1289 Enrolled - 40 - LRB103 05989 BMS 51011 b
1413+
1414+
1415+SB1289 Enrolled- 41 -LRB103 05989 BMS 51011 b SB1289 Enrolled - 41 - LRB103 05989 BMS 51011 b
1416+ SB1289 Enrolled - 41 - LRB103 05989 BMS 51011 b
1417+1 requires a legacy carbon dioxide pipeline to obtain a
1418+2 certificate of authority.
1419+3 (b) The Commission, after a hearing, may grant an
1420+4 application for a certificate of authority authorizing the
1421+5 construction and operation of a carbon dioxide pipeline if it
1422+6 makes a specific written finding as to each of the following:
1423+7 (1) the application was properly filed;
1424+8 (2) the applicant is fit, willing, and able to
1425+9 construct and operate the pipeline in compliance with this
1426+10 Act and with Commission regulations and orders of the
1427+11 Commission or any applicable federal agencies;
1428+12 (3) the applicant has entered into one or more
1429+13 agreements an agreement with a clean coal facility, a
1430+14 clean coal SNG facility, or any other source or sources
1431+15 that will result in the reduction of carbon dioxide
1432+16 emissions from that source or sources and the applicant
1433+17 has filed such agreement or agreements as part of its
1434+18 application;
1435+19 (4) the applicant has filed with the Pipeline and
1436+20 Hazardous Materials Safety Administration of the U.S.
1437+21 Department of Transportation all forms required by that
1438+22 agency in advance of constructing a carbon dioxide
1439+23 pipeline;
1440+24 (5) the applicant has filed with the U.S. Army Corps
1441+25 of Engineers all applications for permits required by that
1442+26 agency in advance of constructing a carbon dioxide
1443+
1444+
1445+
1446+
1447+
1448+ SB1289 Enrolled - 41 - LRB103 05989 BMS 51011 b
1449+
1450+
1451+SB1289 Enrolled- 42 -LRB103 05989 BMS 51011 b SB1289 Enrolled - 42 - LRB103 05989 BMS 51011 b
1452+ SB1289 Enrolled - 42 - LRB103 05989 BMS 51011 b
1453+1 pipeline;
1454+2 (6) the applicant has entered into an agreement with
1455+3 the Illinois Department of Agriculture that governs the
1456+4 mitigation of agricultural impacts associated with the
1457+5 construction of the proposed pipeline;
1458+6 (6.1) the applicant has applied for any and all other
1459+7 federal permits necessary to construct and operate a
1460+8 carbon dioxide pipeline;
1461+9 (6.2) the applicant has held at least 2 prefiling
1462+10 public meetings to receive public comment concerning the
1463+11 proposed carbon dioxide pipeline in each county where the
1464+12 pipeline is to be located, no earlier than 6 months prior
1465+13 to the filing of the application. Notice of the public
1466+14 meeting shall be published in a newspaper of general
1467+15 circulation within the affected county once a week for 3
1468+16 consecutive weeks, beginning no earlier than one month
1469+17 prior to the first public meeting. Notice of each public
1470+18 meeting, including a description of the carbon dioxide
1471+19 pipeline, must be provided in writing to the clerk of each
1472+20 county where the project is to be located and to the chief
1473+21 clerk of the Commission. A representative of the
1474+22 Commission shall be invited to each prefiling public
1475+23 meeting. The applicant shall maintain a dedicated public
1476+24 website which provides details regarding the proposed
1477+25 route of the pipeline, plans for construction, status of
1478+26 the application, and the manner in which members of the
1479+
1480+
1481+
1482+
1483+
1484+ SB1289 Enrolled - 42 - LRB103 05989 BMS 51011 b
1485+
1486+
1487+SB1289 Enrolled- 43 -LRB103 05989 BMS 51011 b SB1289 Enrolled - 43 - LRB103 05989 BMS 51011 b
1488+ SB1289 Enrolled - 43 - LRB103 05989 BMS 51011 b
1489+1 public may offer their opinions regarding the pipeline;
1490+2 (6.3) the applicant has directly contacted the owner
1491+3 of each parcel of land located within 2 miles of the
1492+4 proposed pipeline route by certified mail, or made good
1493+5 faith efforts if the owner of record cannot be located,
1494+6 advising them of the proposed pipeline route and of the
1495+7 date and time of each public meeting to be held in the
1496+8 county in which each landowner's property is located;
1497+9 (6.4) the applicant has prepared and submitted a
1498+10 detailed emergency operations plan, which addresses at a
1499+11 minimum, emergency operations plan requirements adopted by
1500+12 the Illinois Emergency Management Agency and Office of
1501+13 Homeland Security under paragraph (4) of subsection (f) of
1502+14 Section 5 of the Illinois Emergency Management Agency Act.
1503+15 The submitted emergency operations plan shall also provide
1504+16 for post-emergency analysis and controller actions. In
1505+17 addition, the applicant shall demonstrate that it has
1506+18 communicated with the county emergency services and
1507+19 disaster agency (ESDA), or other relevant mandated ESDA,
1508+20 to coordinate its emergency operations plan for the
1509+21 pipeline with the county ESDA's, or other relevant
1510+22 mandated ESDA's, emergency operations plan;
1511+23 (7) the applicant possesses the financial, managerial,
1512+24 legal, and technical qualifications necessary to construct
1513+25 and operate the proposed carbon dioxide pipeline; and
1514+26 (8) the proposed pipeline is consistent with the
1515+
1516+
1517+
1518+
1519+
1520+ SB1289 Enrolled - 43 - LRB103 05989 BMS 51011 b
1521+
1522+
1523+SB1289 Enrolled- 44 -LRB103 05989 BMS 51011 b SB1289 Enrolled - 44 - LRB103 05989 BMS 51011 b
1524+ SB1289 Enrolled - 44 - LRB103 05989 BMS 51011 b
1525+1 public interest, public benefit, and legislative purpose
1526+2 as set forth in this Act. In addition to any other evidence
1527+3 the Commission may consider on this specific finding, the
1528+4 Commission shall consider the following:
1529+5 (A) any evidence of the effect of the pipeline
1530+6 upon the economy, infrastructure, and public safety
1531+7 presented by local governmental units that will be
1532+8 affected by the proposed pipeline route;
1533+9 (B) any evidence of the effect of the pipeline
1534+10 upon property values presented by property owners who
1535+11 will be affected by the proposed pipeline or facility,
1536+12 provided that the Commission need not hear evidence as
1537+13 to the actual valuation of property such as that as
1538+14 would be presented to and determined by the courts
1539+15 under the Eminent Domain Act;
1540+16 (C) any evidence presented by the Department of
1541+17 Commerce and Economic Opportunity regarding the
1542+18 current and future local, State-wide, or regional
1543+19 economic effect, direct or indirect, of the proposed
1544+20 pipeline or facility including, but not limited to,
1545+21 ability of the State to attract economic growth, meet
1546+22 future energy requirements, and ensure compliance with
1547+23 environmental requirements and goals;
1548+24 (D) any evidence addressing the factors described
1549+25 in items (1) through (8) of this subsection (b) or
1550+26 other relevant factors that is presented by any other
1551+
1552+
1553+
1554+
1555+
1556+ SB1289 Enrolled - 44 - LRB103 05989 BMS 51011 b
1557+
1558+
1559+SB1289 Enrolled- 45 -LRB103 05989 BMS 51011 b SB1289 Enrolled - 45 - LRB103 05989 BMS 51011 b
1560+ SB1289 Enrolled - 45 - LRB103 05989 BMS 51011 b
1561+1 State agency, unit of local government, the applicant,
1562+2 a party, or other entity that participates in the
1563+3 proceeding, including evidence presented by the
1564+4 Commission's staff; and
1565+5 (E) any evidence presented by any State or federal
1566+6 governmental entity as to how the proposed pipeline
1567+7 will affect the security, stability, and reliability
1568+8 of public infrastructure energy.
1569+9 In its written order, the Commission shall address all of
1570+10 the evidence presented, and if the order is contrary to any of
1571+11 the evidence, the Commission shall state the reasons for its
1572+12 determination with regard to that evidence.
1573+13 (c) When an applicant files its application for a
1574+14 certificate of authority with the Commission, it shall provide
1575+15 notice to each unit of local government where the proposed
1576+16 pipeline will be located and include a map of the proposed
1577+17 pipeline route. The applicant shall also publish notice in a
1578+18 newspaper of general circulation in each county where the
1579+19 proposed pipeline is located.
1580+20 (d) An application for a certificate of authority filed
1581+21 pursuant to this Section shall request either that the
1582+22 Commission review and approve a specific route for a carbon
1583+23 dioxide pipeline, or that the Commission review and approve a
1584+24 project route width that identifies the areas in which the
1585+25 pipeline would be located, with such width ranging from the
1586+26 minimum width required for a pipeline right-of-way up to 200
1587+
1588+
1589+
1590+
1591+
1592+ SB1289 Enrolled - 45 - LRB103 05989 BMS 51011 b
1593+
1594+
1595+SB1289 Enrolled- 46 -LRB103 05989 BMS 51011 b SB1289 Enrolled - 46 - LRB103 05989 BMS 51011 b
1596+ SB1289 Enrolled - 46 - LRB103 05989 BMS 51011 b
1597+1 feet in width. A map of the route or route width shall be
1598+2 included in the application. The purpose for allowing the
1599+3 option of review and approval of a project route width is to
1600+4 provide increased flexibility during the construction process
1601+5 to accommodate specific landowner requests, avoid
1602+6 environmentally sensitive areas, or address special
1603+7 environmental permitting requirements.
1604+8 (e) The Commission's rules shall ensure that notice of an
1605+9 application for a certificate of authority is provided within
1606+10 30 days after filing to the landowners along a proposed
1607+11 project route, or to the potentially affected landowners
1608+12 within a proposed project route width, using the notification
1609+13 procedures set forth in the Commission's rules. If the
1610+14 Commission grants approval of a project route width as opposed
1611+15 to a specific project route, then the applicant must, as it
1612+16 finalizes the actual pipeline alignment within the project
1613+17 route width, file its final list of affected landowners with
1614+18 the Commission at least 14 days in advance of beginning
1615+19 construction on any tract within the project route width and
1616+20 also provide the Commission with at least 14 days' notice
1617+21 before filing a complaint for eminent domain in the circuit
1618+22 court with regard to any tract within the project route width.
1619+23 (f) If an applicant has obtained all necessary federal
1620+24 licenses, permits, and authority necessary to construct and
1621+25 operate a carbon dioxide pipeline before it files an
1622+26 application pursuant to this Section, then the The Commission
1623+
1624+
1625+
1626+
1627+
1628+ SB1289 Enrolled - 46 - LRB103 05989 BMS 51011 b
1629+
1630+
1631+SB1289 Enrolled- 47 -LRB103 05989 BMS 51011 b SB1289 Enrolled - 47 - LRB103 05989 BMS 51011 b
1632+ SB1289 Enrolled - 47 - LRB103 05989 BMS 51011 b
1633+1 shall make its determination on any application for a
1634+2 certificate of authority filed pursuant to this Section and
1635+3 issue its final order within 11 months after the date that the
1636+4 application is filed. The Commission's failure to act within
1637+5 this time period shall not be deemed an approval or denial of
1638+6 the application.
1639+7 (g) A final order of the Commission granting a certificate
1640+8 of authority pursuant to this Act shall be conditioned upon
1641+9 the applicant obtaining all required permits or approvals from
1642+10 the Pipeline and Hazardous Materials Safety Administration of
1643+11 the U.S. Department of Transportation, U.S. Army Corps of
1644+12 Engineers, and Illinois Department of Agriculture, in addition
1645+13 to all other permits and approvals necessary for the
1646+14 construction and operation of the pipeline prior to the start
1647+15 of any construction. The final order must specifically
1648+16 prohibit the start of any construction until all such permits
1649+17 and approvals have been obtained. The Commission shall not
1650+18 issue any certificate of authority under this Act until (i)
1651+19 the Pipeline and Hazardous Materials Safety Administration has
1652+20 adopted final revisions to its pipeline safety rules intended
1653+21 to enhance the safe transportation of carbon dioxide by
1654+22 pipelines to accommodate an anticipated increase in the number
1655+23 of carbon dioxide pipelines and volume of carbon dioxide
1656+24 transported in the proposed rulemaking designated Regulatory
1657+25 Information Number 2137-AF60, and (ii) the Commission has
1658+26 verified that the submitted application complies with those
1659+
1660+
1661+
1662+
1663+
1664+ SB1289 Enrolled - 47 - LRB103 05989 BMS 51011 b
1665+
1666+
1667+SB1289 Enrolled- 48 -LRB103 05989 BMS 51011 b SB1289 Enrolled - 48 - LRB103 05989 BMS 51011 b
1668+ SB1289 Enrolled - 48 - LRB103 05989 BMS 51011 b
1669+1 finalized rules. If, after July 1, 2026, the Pipeline and
1670+2 Hazardous Materials Safety Administration has not adopted
1671+3 final revisions to its pipeline safety rules under the
1672+4 proposed rulemaking designated Regulatory Information Number
1673+5 2137-AF60, the Commission may only approve a certificate of
1674+6 authority under this Section if it finds that the applicant
1675+7 has met all of the requirements of this Act, has already
1676+8 acquired all of its other necessary approvals, and is
1677+9 compliant with any requirements or conditions adopted by the
1678+10 Commission subsection (g-5).
1679+11 (g-5) In granting a certificate under this Act, the
1680+12 Commission shall adopt such requirements or impose such
1681+13 conditions upon a certificate as in its opinion are necessary
1682+14 to preserve public safety, as long as such requirements are
1683+15 compatible with the minimum standards prescribed by the
1684+16 Pipeline and Hazardous Material Safety Administration.
1685+17 (h) Within 6 months after the Commission's entry of an
1686+18 order approving either a specific route or a project route
1687+19 width under this Section, the owner or operator of the carbon
1688+20 dioxide pipeline that receives that order may file
1689+21 supplemental applications for minor route deviations outside
1690+22 the approved project route width, allowing for additions or
1691+23 changes to the approved route to address environmental
1692+24 concerns encountered during construction or to accommodate
1693+25 landowner requests. The supplemental application shall
1694+26 specifically detail the environmental concerns or landowner
1695+
1696+
1697+
1698+
1699+
1700+ SB1289 Enrolled - 48 - LRB103 05989 BMS 51011 b
1701+
1702+
1703+SB1289 Enrolled- 49 -LRB103 05989 BMS 51011 b SB1289 Enrolled - 49 - LRB103 05989 BMS 51011 b
1704+ SB1289 Enrolled - 49 - LRB103 05989 BMS 51011 b
1705+1 requests prompting the route changes, including the names of
1706+2 any landowners or entities involved. Notice of a supplemental
1707+3 application shall be provided to any State agency or unit of
1708+4 local government that appeared in the original proceeding and
1709+5 to any landowner affected by the proposed route deviation at
1710+6 the time that supplemental application is filed. The route
1711+7 deviations shall be approved by the Commission no sooner than
1712+8 90 days after all interested parties receive notice of the
1713+9 supplemental application, unless a written objection is filed
1714+10 to the supplemental application within 45 days after such
1715+11 notice is received. If a written objection is filed, then the
1716+12 Commission shall issue an order either granting or denying the
1717+13 route deviation within 90 days after the filing of the
1718+14 objection. Hearings on any such supplemental application shall
1719+15 be limited to the reasonableness of the specific variance
1720+16 proposed, and the issues of the public interest and benefit of
1721+17 the project or fitness of the applicant shall be considered
1722+18 only to the extent that the route deviation has raised new
1723+19 concerns with regard to those issues.
1724+20 (i) A certificate of authority to construct and operate a
1725+21 carbon dioxide pipeline issued by the Commission shall contain
1726+22 and include all of the following:
1727+23 (1) a grant of authority to construct and operate a
1728+24 carbon dioxide pipeline as requested in the application,
1729+25 subject to the laws of this State; and
1730+26 (2) the right to seek eminent domain authority from
1731+
1732+
1733+
1734+
1735+
1736+ SB1289 Enrolled - 49 - LRB103 05989 BMS 51011 b
1737+
1738+
1739+SB1289 Enrolled- 50 -LRB103 05989 BMS 51011 b SB1289 Enrolled - 50 - LRB103 05989 BMS 51011 b
1740+ SB1289 Enrolled - 50 - LRB103 05989 BMS 51011 b
1741+1 the Commission under Section 8-509 of the Public Utilities
1742+2 Act. a limited grant of authority to take and acquire an
1743+3 easement in any property or interest in property for the
1744+4 construction, maintenance, or operation of a carbon
1745+5 dioxide pipeline in the manner provided for the exercise
1746+6 of the power of eminent domain under the Eminent Domain
1747+7 Act. The limited grant of authority shall be restricted
1748+8 to, and exercised solely for, the purpose of siting,
1749+9 rights-of-way, and easements appurtenant, including
1750+10 construction and maintenance. The applicant shall not
1751+11 exercise this power until it has used reasonable and good
1752+12 faith efforts to acquire the property or easement thereto.
1753+13 The applicant may thereafter use this power when the
1754+14 applicant determines that the easement is necessary to
1755+15 avoid unreasonable delay or economic hardship to the
1756+16 progress of activities carried out pursuant to the
1757+17 certificate of authority.
1758+18 (j) All applications under this Act pending before the
1759+19 Commission on the effective date of this amendatory Act of the
1760+20 103rd General Assembly shall be dismissed without prejudice.
1761+21 (Source: P.A. 97-534, eff. 8-23-11.)
1762+22 (220 ILCS 75/35 new)
1763+23 Sec. 35. Land surveys and land use studies. For the
1764+24 purpose of making land surveys and land use studies, any
1765+25 applicant that has been granted a certificate of authority
1766+
1767+
1768+
1769+
1770+
1771+ SB1289 Enrolled - 50 - LRB103 05989 BMS 51011 b
1772+
1773+
1774+SB1289 Enrolled- 51 -LRB103 05989 BMS 51011 b SB1289 Enrolled - 51 - LRB103 05989 BMS 51011 b
1775+ SB1289 Enrolled - 51 - LRB103 05989 BMS 51011 b
1776+1 under this Section may, 30 days after providing written notice
1777+2 to the landowner thereof by registered mail and after
1778+3 providing a second notice to the owner of record, as
1779+4 identified in the records of the relevant county tax assessor,
1780+5 by telephone or email or by registered mail if the landowner
1781+6 has not been notified by other means, at least 3 days, but not
1782+7 more than 15 days, prior to the stated date in the notice,
1783+8 identifying the date when land surveys and land use studies
1784+9 will first begin on the landowner's property and informing the
1785+10 landowner that the landowner or the landowner's agent may be
1786+11 present when the land surveys or land use studies occur, enter
1787+12 upon the property of any landowner who has refused permission
1788+13 for entrance upon that property, but subject to responsibility
1789+14 for all damages which may be inflicted thereby.
1790+15 (220 ILCS 75/40 new)
1791+16 Sec. 40. Pipeline operator fees. Any person or entity that
1792+17 has been granted a certificate of authority authorizing the
1793+18 construction and operation of a carbon dioxide pipeline
1794+19 pursuant to this Section or any person or entity operating a
1795+20 legacy carbon dioxide pipeline shall be assessed an annual fee
1796+21 per pipeline system operated in the State, plus an additional
1797+22 fee per mile of carbon dioxide pipeline in length that is
1798+23 physically operated or proposed to be operated in the State.
1799+24 The Commission may adopt any rules and procedures
1800+25 necessary to enforce and administer the provisions of this
1801+
1802+
1803+
1804+
1805+
1806+ SB1289 Enrolled - 51 - LRB103 05989 BMS 51011 b
1807+
1808+
1809+SB1289 Enrolled- 52 -LRB103 05989 BMS 51011 b SB1289 Enrolled - 52 - LRB103 05989 BMS 51011 b
1810+ SB1289 Enrolled - 52 - LRB103 05989 BMS 51011 b
1811+1 Act. The Commission may, by administrative rule, modify any
1812+2 rules or procedures or adjust any Commission fees necessary to
1813+3 regulate and enforce the provisions of this Act. The
1814+4 Commission shall adopt such rules in consultation with the
1815+5 Illinois Emergency Management Agency and Office of Homeland
1816+6 Security in order to establish the total amount necessary to
1817+7 cover the Commission's and Illinois Emergency Management
1818+8 Agency and Office of Homeland Security's administrative costs
1819+9 plus the amount necessary to fund the needs of emergency
1820+10 responders as determined by the Illinois Emergency Management
1821+11 Agency and Office of Homeland Security. The Commission rules
1822+12 shall include, but shall not be limited to, the following
1823+13 provisions:
1824+14 (1) a provision requiring a portion of the fee to be
1825+15 allocated to the Commission for purposes of assessing the
1826+16 permit application and regulating the operating pipeline;
1827+17 (2) a provision requiring the balance of the fee to be
1828+18 allocated and transferred to the Illinois Emergency
1829+19 Management Agency and Office of Homeland Security for
1830+20 compiling and maintaining emergency response plans and
1831+21 coordinating and funding training, exercises, and
1832+22 equipment of first responders along the pipeline route
1833+23 through agreements and grants to county emergency services
1834+24 and disaster agencies;
1835+25 (3) a provision requiring the fee to be payable to the
1836+26 Commission and due 30 days after the certificate of
1837+
1838+
1839+
1840+
1841+
1842+ SB1289 Enrolled - 52 - LRB103 05989 BMS 51011 b
1843+
1844+
1845+SB1289 Enrolled- 53 -LRB103 05989 BMS 51011 b SB1289 Enrolled - 53 - LRB103 05989 BMS 51011 b
1846+ SB1289 Enrolled - 53 - LRB103 05989 BMS 51011 b
1847+1 authority is granted by the Commission, and at the
1848+2 conclusion of each State fiscal year. The Commission shall
1849+3 transfer to the Illinois Emergency Management Agency and
1850+4 Office of Homeland Security's Emergency Planning and
1851+5 Training Fund its allocable share within 30 days following
1852+6 the end of each fiscal year to be utilized as indicated in
1853+7 paragraph (2);
1854+8 (4) a provision requiring the fee to be assessed with
1855+9 a flat fee per pipeline system, plus an additional fee
1856+10 assessed per each mile of a pipeline, based on the actual
1857+11 length of carbon dioxide pipeline that has been used to
1858+12 transport carbon dioxide in the State in the State fiscal
1859+13 year during which the fee is imposed;
1860+14 (5) a provision requiring the fee structure to be
1861+15 designed to collect the funds necessary for emergency
1862+16 responders in a manner that facilitates the safe and
1863+17 reliable development of new carbon dioxide pipelines
1864+18 within the State; and
1865+19 (6) a provision requiring the fee to be adjusted with
1866+20 inflation.
1867+21 Section 55. The Environmental Protection Act is amended by
1868+22 changing Section 21 and by adding Title XVIII as follows:
1869+23 (415 ILCS 5/21) (from Ch. 111 1/2, par. 1021)
1870+24 Sec. 21. Prohibited acts. No person shall:
1871+
1872+
1873+
1874+
1875+
1876+ SB1289 Enrolled - 53 - LRB103 05989 BMS 51011 b
1877+
1878+
1879+SB1289 Enrolled- 54 -LRB103 05989 BMS 51011 b SB1289 Enrolled - 54 - LRB103 05989 BMS 51011 b
1880+ SB1289 Enrolled - 54 - LRB103 05989 BMS 51011 b
1881+1 (a) Cause or allow the open dumping of any waste.
1882+2 (b) Abandon, dump, or deposit any waste upon the public
1883+3 highways or other public property, except in a sanitary
1884+4 landfill approved by the Agency pursuant to regulations
1885+5 adopted by the Board.
1886+6 (c) Abandon any vehicle in violation of the "Abandoned
1887+7 Vehicles Amendment to the Illinois Vehicle Code", as enacted
1888+8 by the 76th General Assembly.
1889+9 (d) Conduct any waste-storage, waste-treatment, or
1890+10 waste-disposal operation:
1891+11 (1) without a permit granted by the Agency or in
1892+12 violation of any conditions imposed by such permit,
1893+13 including periodic reports and full access to adequate
1894+14 records and the inspection of facilities, as may be
1895+15 necessary to assure compliance with this Act and with
1896+16 regulations and standards adopted thereunder; provided,
1897+17 however, that, except for municipal solid waste landfill
1898+18 units that receive waste on or after October 9, 1993, and
1899+19 CCR surface impoundments, no permit shall be required for
1900+20 (i) any person conducting a waste-storage,
1901+21 waste-treatment, or waste-disposal operation for wastes
1902+22 generated by such person's own activities which are
1903+23 stored, treated, or disposed within the site where such
1904+24 wastes are generated, (ii) until one year after the
1905+25 effective date of rules adopted by the Board under
1906+26 subsection (n) of Section 22.38, a facility located in a
1907+
1908+
1909+
1910+
1911+
1912+ SB1289 Enrolled - 54 - LRB103 05989 BMS 51011 b
1913+
1914+
1915+SB1289 Enrolled- 55 -LRB103 05989 BMS 51011 b SB1289 Enrolled - 55 - LRB103 05989 BMS 51011 b
1916+ SB1289 Enrolled - 55 - LRB103 05989 BMS 51011 b
1917+1 county with a population over 700,000 as of January 1,
1918+2 2000, operated and located in accordance with Section
1919+3 22.38 of this Act, and used exclusively for the transfer,
1920+4 storage, or treatment of general construction or
1921+5 demolition debris, provided that the facility was
1922+6 receiving construction or demolition debris on August 24,
1923+7 2009 (the effective date of Public Act 96-611), or (iii)
1924+8 any person conducting a waste transfer, storage,
1925+9 treatment, or disposal operation, including, but not
1926+10 limited to, a waste transfer or waste composting
1927+11 operation, under a mass animal mortality event plan
1928+12 created by the Department of Agriculture;
1929+13 (2) in violation of any regulations or standards
1930+14 adopted by the Board under this Act;
1931+15 (3) which receives waste after August 31, 1988, does
1932+16 not have a permit issued by the Agency, and is (i) a
1933+17 landfill used exclusively for the disposal of waste
1934+18 generated at the site, (ii) a surface impoundment
1935+19 receiving special waste not listed in an NPDES permit,
1936+20 (iii) a waste pile in which the total volume of waste is
1937+21 greater than 100 cubic yards or the waste is stored for
1938+22 over one year, or (iv) a land treatment facility receiving
1939+23 special waste generated at the site; without giving notice
1940+24 of the operation to the Agency by January 1, 1989, or 30
1941+25 days after the date on which the operation commences,
1942+26 whichever is later, and every 3 years thereafter. The form
1943+
1944+
1945+
1946+
1947+
1948+ SB1289 Enrolled - 55 - LRB103 05989 BMS 51011 b
1949+
1950+
1951+SB1289 Enrolled- 56 -LRB103 05989 BMS 51011 b SB1289 Enrolled - 56 - LRB103 05989 BMS 51011 b
1952+ SB1289 Enrolled - 56 - LRB103 05989 BMS 51011 b
1953+1 for such notification shall be specified by the Agency,
1954+2 and shall be limited to information regarding: the name
1955+3 and address of the location of the operation; the type of
1956+4 operation; the types and amounts of waste stored, treated
1957+5 or disposed of on an annual basis; the remaining capacity
1958+6 of the operation; and the remaining expected life of the
1959+7 operation.
1960+8 Item (3) of this subsection (d) shall not apply to any
1961+9 person engaged in agricultural activity who is disposing of a
1962+10 substance that constitutes solid waste, if the substance was
1963+11 acquired for use by that person on his own property, and the
1964+12 substance is disposed of on his own property in accordance
1965+13 with regulations or standards adopted by the Board.
1966+14 This subsection (d) shall not apply to hazardous waste.
1967+15 (e) Dispose, treat, store or abandon any waste, or
1968+16 transport any waste into this State for disposal, treatment,
1969+17 storage or abandonment, except at a site or facility which
1970+18 meets the requirements of this Act and of regulations and
1971+19 standards thereunder.
1972+20 (f) Conduct any hazardous waste-storage, hazardous
1973+21 waste-treatment or hazardous waste-disposal operation:
1974+22 (1) without a RCRA permit for the site issued by the
1975+23 Agency under subsection (d) of Section 39 of this Act, or
1976+24 in violation of any condition imposed by such permit,
1977+25 including periodic reports and full access to adequate
1978+26 records and the inspection of facilities, as may be
1979+
1980+
1981+
1982+
1983+
1984+ SB1289 Enrolled - 56 - LRB103 05989 BMS 51011 b
1985+
1986+
1987+SB1289 Enrolled- 57 -LRB103 05989 BMS 51011 b SB1289 Enrolled - 57 - LRB103 05989 BMS 51011 b
1988+ SB1289 Enrolled - 57 - LRB103 05989 BMS 51011 b
1989+1 necessary to assure compliance with this Act and with
1990+2 regulations and standards adopted thereunder; or
1991+3 (2) in violation of any regulations or standards
1992+4 adopted by the Board under this Act; or
1993+5 (3) in violation of any RCRA permit filing requirement
1994+6 established under standards adopted by the Board under
1995+7 this Act; or
1996+8 (4) in violation of any order adopted by the Board
1997+9 under this Act.
1998+10 Notwithstanding the above, no RCRA permit shall be
1999+11 required under this subsection or subsection (d) of Section 39
2000+12 of this Act for any person engaged in agricultural activity
2001+13 who is disposing of a substance which has been identified as a
2002+14 hazardous waste, and which has been designated by Board
2003+15 regulations as being subject to this exception, if the
2004+16 substance was acquired for use by that person on his own
2005+17 property and the substance is disposed of on his own property
2006+18 in accordance with regulations or standards adopted by the
2007+19 Board.
2008+20 (g) Conduct any hazardous waste-transportation operation:
2009+21 (1) without registering with and obtaining a special
2010+22 waste hauling permit from the Agency in accordance with
2011+23 the regulations adopted by the Board under this Act; or
2012+24 (2) in violation of any regulations or standards
2013+25 adopted by the Board under this Act.
2014+26 (h) Conduct any hazardous waste-recycling or hazardous
2015+
2016+
2017+
2018+
2019+
2020+ SB1289 Enrolled - 57 - LRB103 05989 BMS 51011 b
2021+
2022+
2023+SB1289 Enrolled- 58 -LRB103 05989 BMS 51011 b SB1289 Enrolled - 58 - LRB103 05989 BMS 51011 b
2024+ SB1289 Enrolled - 58 - LRB103 05989 BMS 51011 b
2025+1 waste-reclamation or hazardous waste-reuse operation in
2026+2 violation of any regulations, standards or permit requirements
2027+3 adopted by the Board under this Act.
2028+4 (i) Conduct any process or engage in any act which
2029+5 produces hazardous waste in violation of any regulations or
2030+6 standards adopted by the Board under subsections (a) and (c)
2031+7 of Section 22.4 of this Act.
2032+8 (j) Conduct any special waste-transportation operation in
2033+9 violation of any regulations, standards or permit requirements
2034+10 adopted by the Board under this Act. However, sludge from a
2035+11 water or sewage treatment plant owned and operated by a unit of
2036+12 local government which (1) is subject to a sludge management
2037+13 plan approved by the Agency or a permit granted by the Agency,
2038+14 and (2) has been tested and determined not to be a hazardous
2039+15 waste as required by applicable State and federal laws and
2040+16 regulations, may be transported in this State without a
2041+17 special waste hauling permit, and the preparation and carrying
2042+18 of a manifest shall not be required for such sludge under the
2043+19 rules of the Pollution Control Board. The unit of local
2044+20 government which operates the treatment plant producing such
2045+21 sludge shall file an annual report with the Agency identifying
2046+22 the volume of such sludge transported during the reporting
2047+23 period, the hauler of the sludge, and the disposal sites to
2048+24 which it was transported. This subsection (j) shall not apply
2049+25 to hazardous waste.
2050+26 (k) Fail or refuse to pay any fee imposed under this Act.
2051+
2052+
2053+
2054+
2055+
2056+ SB1289 Enrolled - 58 - LRB103 05989 BMS 51011 b
2057+
2058+
2059+SB1289 Enrolled- 59 -LRB103 05989 BMS 51011 b SB1289 Enrolled - 59 - LRB103 05989 BMS 51011 b
2060+ SB1289 Enrolled - 59 - LRB103 05989 BMS 51011 b
2061+1 (l) Locate a hazardous waste disposal site above an active
2062+2 or inactive shaft or tunneled mine or within 2 miles of an
2063+3 active fault in the earth's crust. In counties of population
2064+4 less than 225,000 no hazardous waste disposal site shall be
2065+5 located (1) within 1 1/2 miles of the corporate limits as
2066+6 defined on June 30, 1978, of any municipality without the
2067+7 approval of the governing body of the municipality in an
2068+8 official action; or (2) within 1000 feet of an existing
2069+9 private well or the existing source of a public water supply
2070+10 measured from the boundary of the actual active permitted site
2071+11 and excluding existing private wells on the property of the
2072+12 permit applicant. The provisions of this subsection do not
2073+13 apply to publicly owned sewage works or the disposal or
2074+14 utilization of sludge from publicly owned sewage works.
2075+15 (m) Transfer interest in any land which has been used as a
2076+16 hazardous waste disposal site without written notification to
2077+17 the Agency of the transfer and to the transferee of the
2078+18 conditions imposed by the Agency upon its use under subsection
2079+19 (g) of Section 39.
2080+20 (n) Use any land which has been used as a hazardous waste
2081+21 disposal site except in compliance with conditions imposed by
2082+22 the Agency under subsection (g) of Section 39.
2083+23 (o) Conduct a sanitary landfill operation which is
2084+24 required to have a permit under subsection (d) of this
2085+25 Section, in a manner which results in any of the following
2086+26 conditions:
2087+
2088+
2089+
2090+
2091+
2092+ SB1289 Enrolled - 59 - LRB103 05989 BMS 51011 b
2093+
2094+
2095+SB1289 Enrolled- 60 -LRB103 05989 BMS 51011 b SB1289 Enrolled - 60 - LRB103 05989 BMS 51011 b
2096+ SB1289 Enrolled - 60 - LRB103 05989 BMS 51011 b
2097+1 (1) refuse in standing or flowing waters;
2098+2 (2) leachate flows entering waters of the State;
2099+3 (3) leachate flows exiting the landfill confines (as
2100+4 determined by the boundaries established for the landfill
2101+5 by a permit issued by the Agency);
2102+6 (4) open burning of refuse in violation of Section 9
2103+7 of this Act;
2104+8 (5) uncovered refuse remaining from any previous
2105+9 operating day or at the conclusion of any operating day,
2106+10 unless authorized by permit;
2107+11 (6) failure to provide final cover within time limits
2108+12 established by Board regulations;
2109+13 (7) acceptance of wastes without necessary permits;
2110+14 (8) scavenging as defined by Board regulations;
2111+15 (9) deposition of refuse in any unpermitted portion of
2112+16 the landfill;
2113+17 (10) acceptance of a special waste without a required
2114+18 manifest;
2115+19 (11) failure to submit reports required by permits or
2116+20 Board regulations;
2117+21 (12) failure to collect and contain litter from the
2118+22 site by the end of each operating day;
2119+23 (13) failure to submit any cost estimate for the site
2120+24 or any performance bond or other security for the site as
2121+25 required by this Act or Board rules.
2122+26 The prohibitions specified in this subsection (o) shall be
2123+
2124+
2125+
2126+
2127+
2128+ SB1289 Enrolled - 60 - LRB103 05989 BMS 51011 b
2129+
2130+
2131+SB1289 Enrolled- 61 -LRB103 05989 BMS 51011 b SB1289 Enrolled - 61 - LRB103 05989 BMS 51011 b
2132+ SB1289 Enrolled - 61 - LRB103 05989 BMS 51011 b
2133+1 enforceable by the Agency either by administrative citation
2134+2 under Section 31.1 of this Act or as otherwise provided by this
2135+3 Act. The specific prohibitions in this subsection do not limit
2136+4 the power of the Board to establish regulations or standards
2137+5 applicable to sanitary landfills.
2138+6 (p) In violation of subdivision (a) of this Section, cause
2139+7 or allow the open dumping of any waste in a manner which
2140+8 results in any of the following occurrences at the dump site:
2141+9 (1) litter;
2142+10 (2) scavenging;
2143+11 (3) open burning;
2144+12 (4) deposition of waste in standing or flowing waters;
2145+13 (5) proliferation of disease vectors;
2146+14 (6) standing or flowing liquid discharge from the dump
2147+15 site;
2148+16 (7) deposition of:
2149+17 (i) general construction or demolition debris as
2150+18 defined in Section 3.160(a) of this Act; or
2151+19 (ii) clean construction or demolition debris as
2152+20 defined in Section 3.160(b) of this Act.
2153+21 The prohibitions specified in this subsection (p) shall be
2154+22 enforceable by the Agency either by administrative citation
2155+23 under Section 31.1 of this Act or as otherwise provided by this
2156+24 Act. The specific prohibitions in this subsection do not limit
2157+25 the power of the Board to establish regulations or standards
2158+26 applicable to open dumping.
2159+
2160+
2161+
2162+
2163+
2164+ SB1289 Enrolled - 61 - LRB103 05989 BMS 51011 b
2165+
2166+
2167+SB1289 Enrolled- 62 -LRB103 05989 BMS 51011 b SB1289 Enrolled - 62 - LRB103 05989 BMS 51011 b
2168+ SB1289 Enrolled - 62 - LRB103 05989 BMS 51011 b
2169+1 (q) Conduct a landscape waste composting operation without
2170+2 an Agency permit, provided, however, that no permit shall be
2171+3 required for any person:
2172+4 (1) conducting a landscape waste composting operation
2173+5 for landscape wastes generated by such person's own
2174+6 activities which are stored, treated, or disposed of
2175+7 within the site where such wastes are generated; or
2176+8 (1.5) conducting a landscape waste composting
2177+9 operation that (i) has no more than 25 cubic yards of
2178+10 landscape waste, composting additives, composting
2179+11 material, or end-product compost on-site at any one time
2180+12 and (ii) is not engaging in commercial activity; or
2181+13 (2) applying landscape waste or composted landscape
2182+14 waste at agronomic rates; or
2183+15 (2.5) operating a landscape waste composting facility
2184+16 at a site having 10 or more occupied non-farm residences
2185+17 within 1/2 mile of its boundaries, if the facility meets
2186+18 all of the following criteria:
2187+19 (A) the composting facility is operated by the
2188+20 farmer on property on which the composting material is
2189+21 utilized, and the composting facility constitutes no
2190+22 more than 2% of the site's total acreage;
2191+23 (A-5) any composting additives that the composting
2192+24 facility accepts and uses at the facility are
2193+25 necessary to provide proper conditions for composting
2194+26 and do not exceed 10% of the total composting material
2195+
2196+
2197+
2198+
2199+
2200+ SB1289 Enrolled - 62 - LRB103 05989 BMS 51011 b
2201+
2202+
2203+SB1289 Enrolled- 63 -LRB103 05989 BMS 51011 b SB1289 Enrolled - 63 - LRB103 05989 BMS 51011 b
2204+ SB1289 Enrolled - 63 - LRB103 05989 BMS 51011 b
2205+1 at the facility at any one time;
2206+2 (B) the property on which the composting facility
2207+3 is located, and any associated property on which the
2208+4 compost is used, is principally and diligently devoted
2209+5 to the production of agricultural crops and is not
2210+6 owned, leased, or otherwise controlled by any waste
2211+7 hauler or generator of nonagricultural compost
2212+8 materials, and the operator of the composting facility
2213+9 is not an employee, partner, shareholder, or in any
2214+10 way connected with or controlled by any such waste
2215+11 hauler or generator;
2216+12 (C) all compost generated by the composting
2217+13 facility, except incidental sales of finished compost,
2218+14 is applied at agronomic rates and used as mulch,
2219+15 fertilizer, or soil conditioner on land actually
2220+16 farmed by the person operating the composting
2221+17 facility, and the finished compost is not stored at
2222+18 the composting site for a period longer than 18 months
2223+19 prior to its application as mulch, fertilizer, or soil
2224+20 conditioner;
2225+21 (D) no fee is charged for the acceptance of
2226+22 materials to be composted at the facility; and
2227+23 (E) the owner or operator, by January 1, 2014 (or
2228+24 the January 1 following commencement of operation,
2229+25 whichever is later) and January 1 of each year
2230+26 thereafter, registers the site with the Agency, (ii)
2231+
2232+
2233+
2234+
2235+
2236+ SB1289 Enrolled - 63 - LRB103 05989 BMS 51011 b
2237+
2238+
2239+SB1289 Enrolled- 64 -LRB103 05989 BMS 51011 b SB1289 Enrolled - 64 - LRB103 05989 BMS 51011 b
2240+ SB1289 Enrolled - 64 - LRB103 05989 BMS 51011 b
2241+1 reports to the Agency on the volume of composting
2242+2 material received and used at the site; (iii)
2243+3 certifies to the Agency that the site complies with
2244+4 the requirements set forth in subparagraphs (A),
2245+5 (A-5), (B), (C), and (D) of this paragraph (2.5); and
2246+6 (iv) certifies to the Agency that all composting
2247+7 material was placed more than 200 feet from the
2248+8 nearest potable water supply well, was placed outside
2249+9 the boundary of the 10-year floodplain or on a part of
2250+10 the site that is floodproofed, was placed at least 1/4
2251+11 mile from the nearest residence (other than a
2252+12 residence located on the same property as the
2253+13 facility) or a lesser distance from the nearest
2254+14 residence (other than a residence located on the same
2255+15 property as the facility) if the municipality in which
2256+16 the facility is located has by ordinance approved a
2257+17 lesser distance than 1/4 mile, and was placed more
2258+18 than 5 feet above the water table; any ordinance
2259+19 approving a residential setback of less than 1/4 mile
2260+20 that is used to meet the requirements of this
2261+21 subparagraph (E) of paragraph (2.5) of this subsection
2262+22 must specifically reference this paragraph; or
2263+23 (3) operating a landscape waste composting facility on
2264+24 a farm, if the facility meets all of the following
2265+25 criteria:
2266+26 (A) the composting facility is operated by the
2267+
2268+
2269+
2270+
2271+
2272+ SB1289 Enrolled - 64 - LRB103 05989 BMS 51011 b
2273+
2274+
2275+SB1289 Enrolled- 65 -LRB103 05989 BMS 51011 b SB1289 Enrolled - 65 - LRB103 05989 BMS 51011 b
2276+ SB1289 Enrolled - 65 - LRB103 05989 BMS 51011 b
2277+1 farmer on property on which the composting material is
2278+2 utilized, and the composting facility constitutes no
2279+3 more than 2% of the property's total acreage, except
2280+4 that the Board may allow a higher percentage for
2281+5 individual sites where the owner or operator has
2282+6 demonstrated to the Board that the site's soil
2283+7 characteristics or crop needs require a higher rate;
2284+8 (A-1) the composting facility accepts from other
2285+9 agricultural operations for composting with landscape
2286+10 waste no materials other than uncontaminated and
2287+11 source-separated (i) crop residue and other
2288+12 agricultural plant residue generated from the
2289+13 production and harvesting of crops and other customary
2290+14 farm practices, including, but not limited to, stalks,
2291+15 leaves, seed pods, husks, bagasse, and roots and (ii)
2292+16 plant-derived animal bedding, such as straw or
2293+17 sawdust, that is free of manure and was not made from
2294+18 painted or treated wood;
2295+19 (A-2) any composting additives that the composting
2296+20 facility accepts and uses at the facility are
2297+21 necessary to provide proper conditions for composting
2298+22 and do not exceed 10% of the total composting material
2299+23 at the facility at any one time;
2300+24 (B) the property on which the composting facility
2301+25 is located, and any associated property on which the
2302+26 compost is used, is principally and diligently devoted
2303+
2304+
2305+
2306+
2307+
2308+ SB1289 Enrolled - 65 - LRB103 05989 BMS 51011 b
2309+
2310+
2311+SB1289 Enrolled- 66 -LRB103 05989 BMS 51011 b SB1289 Enrolled - 66 - LRB103 05989 BMS 51011 b
2312+ SB1289 Enrolled - 66 - LRB103 05989 BMS 51011 b
2313+1 to the production of agricultural crops and is not
2314+2 owned, leased or otherwise controlled by any waste
2315+3 hauler or generator of nonagricultural compost
2316+4 materials, and the operator of the composting facility
2317+5 is not an employee, partner, shareholder, or in any
2318+6 way connected with or controlled by any such waste
2319+7 hauler or generator;
2320+8 (C) all compost generated by the composting
2321+9 facility, except incidental sales of finished compost,
2322+10 is applied at agronomic rates and used as mulch,
2323+11 fertilizer or soil conditioner on land actually farmed
2324+12 by the person operating the composting facility, and
2325+13 the finished compost is not stored at the composting
2326+14 site for a period longer than 18 months prior to its
2327+15 application as mulch, fertilizer, or soil conditioner;
2328+16 (D) the owner or operator, by January 1 of each
2329+17 year, (i) registers the site with the Agency, (ii)
2330+18 reports to the Agency on the volume of composting
2331+19 material received and used at the site and the volume
2332+20 of material comprising the incidental sale of finished
2333+21 compost under this subsection (q), (iii) certifies to
2334+22 the Agency that the site complies with the
2335+23 requirements set forth in subparagraphs (A), (A-1),
2336+24 (A-2), (B), and (C) of this paragraph (q)(3), and (iv)
2337+25 certifies to the Agency that all composting material:
2338+26 (I) was placed more than 200 feet from the
2339+
2340+
2341+
2342+
2343+
2344+ SB1289 Enrolled - 66 - LRB103 05989 BMS 51011 b
2345+
2346+
2347+SB1289 Enrolled- 67 -LRB103 05989 BMS 51011 b SB1289 Enrolled - 67 - LRB103 05989 BMS 51011 b
2348+ SB1289 Enrolled - 67 - LRB103 05989 BMS 51011 b
2349+1 nearest potable water supply well;
2350+2 (II) was placed outside the boundary of the
2351+3 10-year floodplain or on a part of the site that is
2352+4 floodproofed;
2353+5 (III) was placed either (aa) at least 1/4 mile
2354+6 from the nearest residence (other than a residence
2355+7 located on the same property as the facility) and
2356+8 there are not more than 10 occupied non-farm
2357+9 residences within 1/2 mile of the boundaries of
2358+10 the site on the date of application or (bb) a
2359+11 lesser distance from the nearest residence (other
2360+12 than a residence located on the same property as
2361+13 the facility) provided that the municipality or
2362+14 county in which the facility is located has by
2363+15 ordinance approved a lesser distance than 1/4 mile
2364+16 and there are not more than 10 occupied non-farm
2365+17 residences within 1/2 mile of the boundaries of
2366+18 the site on the date of application; and
2367+19 (IV) was placed more than 5 feet above the
2368+20 water table.
2369+21 Any ordinance approving a residential setback of
2370+22 less than 1/4 mile that is used to meet the
2371+23 requirements of this subparagraph (D) must
2372+24 specifically reference this subparagraph.
2373+25 For the purposes of this subsection (q), "agronomic rates"
2374+26 means the application of not more than 20 tons per acre per
2375+
2376+
2377+
2378+
2379+
2380+ SB1289 Enrolled - 67 - LRB103 05989 BMS 51011 b
2381+
2382+
2383+SB1289 Enrolled- 68 -LRB103 05989 BMS 51011 b SB1289 Enrolled - 68 - LRB103 05989 BMS 51011 b
2384+ SB1289 Enrolled - 68 - LRB103 05989 BMS 51011 b
2385+1 year, except that the Board may allow a higher rate for
2386+2 individual sites where the owner or operator has demonstrated
2387+3 to the Board that the site's soil characteristics or crop
2388+4 needs require a higher rate.
2389+5 For the purposes of this subsection (q), "incidental sale
2390+6 of finished compost" means the sale of finished compost that
2391+7 meets general use compost standards and is no more than 20% or
2392+8 300 cubic yards, whichever is less, of the total compost
2393+9 created annually by a private landowner for the landowner's
2394+10 own use.
2395+11 (r) Cause or allow the storage or disposal of coal
2396+12 combustion waste unless:
2397+13 (1) such waste is stored or disposed of at a site or
2398+14 facility for which a permit has been obtained or is not
2399+15 otherwise required under subsection (d) of this Section;
2400+16 or
2401+17 (2) such waste is stored or disposed of as a part of
2402+18 the design and reclamation of a site or facility which is
2403+19 an abandoned mine site in accordance with the Abandoned
2404+20 Mined Lands and Water Reclamation Act; or
2405+21 (3) such waste is stored or disposed of at a site or
2406+22 facility which is operating under NPDES and Subtitle D
2407+23 permits issued by the Agency pursuant to regulations
2408+24 adopted by the Board for mine-related water pollution and
2409+25 permits issued pursuant to the federal Surface Mining
2410+26 Control and Reclamation Act of 1977 (P.L. 95-87) or the
2411+
2412+
2413+
2414+
2415+
2416+ SB1289 Enrolled - 68 - LRB103 05989 BMS 51011 b
2417+
2418+
2419+SB1289 Enrolled- 69 -LRB103 05989 BMS 51011 b SB1289 Enrolled - 69 - LRB103 05989 BMS 51011 b
2420+ SB1289 Enrolled - 69 - LRB103 05989 BMS 51011 b
2421+1 rules and regulations thereunder or any law or rule or
2422+2 regulation adopted by the State of Illinois pursuant
2423+3 thereto, and the owner or operator of the facility agrees
2424+4 to accept the waste; and either:
2425+5 (i) such waste is stored or disposed of in
2426+6 accordance with requirements applicable to refuse
2427+7 disposal under regulations adopted by the Board for
2428+8 mine-related water pollution and pursuant to NPDES and
2429+9 Subtitle D permits issued by the Agency under such
2430+10 regulations; or
2431+11 (ii) the owner or operator of the facility
2432+12 demonstrates all of the following to the Agency, and
2433+13 the facility is operated in accordance with the
2434+14 demonstration as approved by the Agency: (1) the
2435+15 disposal area will be covered in a manner that will
2436+16 support continuous vegetation, (2) the facility will
2437+17 be adequately protected from wind and water erosion,
2438+18 (3) the pH will be maintained so as to prevent
2439+19 excessive leaching of metal ions, and (4) adequate
2440+20 containment or other measures will be provided to
2441+21 protect surface water and groundwater from
2442+22 contamination at levels prohibited by this Act, the
2443+23 Illinois Groundwater Protection Act, or regulations
2444+24 adopted pursuant thereto.
2445+25 Notwithstanding any other provision of this Title, the
2446+26 disposal of coal combustion waste pursuant to item (2) or (3)
2447+
2448+
2449+
2450+
2451+
2452+ SB1289 Enrolled - 69 - LRB103 05989 BMS 51011 b
2453+
2454+
2455+SB1289 Enrolled- 70 -LRB103 05989 BMS 51011 b SB1289 Enrolled - 70 - LRB103 05989 BMS 51011 b
2456+ SB1289 Enrolled - 70 - LRB103 05989 BMS 51011 b
2457+1 of this subdivision (r) shall be exempt from the other
2458+2 provisions of this Title V, and notwithstanding the provisions
2459+3 of Title X of this Act, the Agency is authorized to grant
2460+4 experimental permits which include provision for the disposal
2461+5 of wastes from the combustion of coal and other materials
2462+6 pursuant to items (2) and (3) of this subdivision (r).
2463+7 (s) After April 1, 1989, offer for transportation,
2464+8 transport, deliver, receive or accept special waste for which
2465+9 a manifest is required, unless the manifest indicates that the
2466+10 fee required under Section 22.8 of this Act has been paid.
2467+11 (t) Cause or allow a lateral expansion of a municipal
2468+12 solid waste landfill unit on or after October 9, 1993, without
2469+13 a permit modification, granted by the Agency, that authorizes
2470+14 the lateral expansion.
2471+15 (u) Conduct any vegetable by-product treatment, storage,
2472+16 disposal or transportation operation in violation of any
2473+17 regulation, standards or permit requirements adopted by the
2474+18 Board under this Act. However, no permit shall be required
2475+19 under this Title V for the land application of vegetable
2476+20 by-products conducted pursuant to Agency permit issued under
2477+21 Title III of this Act to the generator of the vegetable
2478+22 by-products. In addition, vegetable by-products may be
2479+23 transported in this State without a special waste hauling
2480+24 permit, and without the preparation and carrying of a
2481+25 manifest.
2482+26 (v) (Blank).
2483+
2484+
2485+
2486+
2487+
2488+ SB1289 Enrolled - 70 - LRB103 05989 BMS 51011 b
2489+
2490+
2491+SB1289 Enrolled- 71 -LRB103 05989 BMS 51011 b SB1289 Enrolled - 71 - LRB103 05989 BMS 51011 b
2492+ SB1289 Enrolled - 71 - LRB103 05989 BMS 51011 b
2493+1 (w) Conduct any generation, transportation, or recycling
2494+2 of construction or demolition debris, clean or general, or
2495+3 uncontaminated soil generated during construction, remodeling,
2496+4 repair, and demolition of utilities, structures, and roads
2497+5 that is not commingled with any waste, without the maintenance
2498+6 of documentation identifying the hauler, generator, place of
2499+7 origin of the debris or soil, the weight or volume of the
2500+8 debris or soil, and the location, owner, and operator of the
2501+9 facility where the debris or soil was transferred, disposed,
2502+10 recycled, or treated. This documentation must be maintained by
2503+11 the generator, transporter, or recycler for 3 years. This
2504+12 subsection (w) shall not apply to (1) a permitted pollution
2505+13 control facility that transfers or accepts construction or
2506+14 demolition debris, clean or general, or uncontaminated soil
2507+15 for final disposal, recycling, or treatment, (2) a public
2508+16 utility (as that term is defined in the Public Utilities Act)
2509+17 or a municipal utility, (3) the Illinois Department of
2510+18 Transportation, or (4) a municipality or a county highway
2511+19 department, with the exception of any municipality or county
2512+20 highway department located within a county having a population
2513+21 of over 3,000,000 inhabitants or located in a county that is
2514+22 contiguous to a county having a population of over 3,000,000
2515+23 inhabitants; but it shall apply to an entity that contracts
2516+24 with a public utility, a municipal utility, the Illinois
2517+25 Department of Transportation, or a municipality or a county
2518+26 highway department. The terms "generation" and "recycling", as
2519+
2520+
2521+
2522+
2523+
2524+ SB1289 Enrolled - 71 - LRB103 05989 BMS 51011 b
2525+
2526+
2527+SB1289 Enrolled- 72 -LRB103 05989 BMS 51011 b SB1289 Enrolled - 72 - LRB103 05989 BMS 51011 b
2528+ SB1289 Enrolled - 72 - LRB103 05989 BMS 51011 b
2529+1 used in this subsection, do not apply to clean construction or
2530+2 demolition debris when (i) used as fill material below grade
2531+3 outside of a setback zone if covered by sufficient
2532+4 uncontaminated soil to support vegetation within 30 days of
2533+5 the completion of filling or if covered by a road or structure,
2534+6 (ii) solely broken concrete without protruding metal bars is
2535+7 used for erosion control, or (iii) milled asphalt or crushed
2536+8 concrete is used as aggregate in construction of the shoulder
2537+9 of a roadway. The terms "generation" and "recycling", as used
2538+10 in this subsection, do not apply to uncontaminated soil that
2539+11 is not commingled with any waste when (i) used as fill material
2540+12 below grade or contoured to grade, or (ii) used at the site of
2541+13 generation.
2542+14 (y) Inject any carbon dioxide stream produced by a carbon
2543+15 dioxide capture project into a Class II well, as defined by the
2544+16 Board under this Act, or a Class VI well converted from a Class
2545+17 II well, for purposes of enhanced oil or gas recovery,
2546+18 including, but not limited to, the facilitation of enhanced
2547+19 oil or gas recovery from another well.
2548+20 (z) Sell or transport concentrated carbon dioxide stream
2549+21 produced by a carbon dioxide capture project for use in
2550+22 enhanced oil or gas recovery.
2551+23 (aa) Operate a carbon sequestration activity in a manner
2552+24 that causes, threatens, or allows the release of carbon
2553+25 dioxide so as to tend to cause water pollution in this State.
2554+26 (Source: P.A. 102-216, eff. 1-1-22; 102-310, eff. 8-6-21;
2555+
2556+
2557+
2558+
2559+
2560+ SB1289 Enrolled - 72 - LRB103 05989 BMS 51011 b
2561+
2562+
2563+SB1289 Enrolled- 73 -LRB103 05989 BMS 51011 b SB1289 Enrolled - 73 - LRB103 05989 BMS 51011 b
2564+ SB1289 Enrolled - 73 - LRB103 05989 BMS 51011 b
2565+1 102-558, eff. 8-20-21; 102-813, eff. 5-13-22; 103-342, eff.
2566+2 1-1-24.)
2567+3 (415 ILCS 5/Tit. XVIII heading new)
2568+4 TITLE XVIII: CARBON CAPTURE AND SEQUESTRATION
2569+5 (415 ILCS 5/59 new)
2570+6 Sec. 59. Definitions. As used in this Title:
2571+7 "Carbon dioxide capture project" mean a project or
2572+8 facility that:
2573+9 (1) uses equipment to capture a significant quantity
2574+10 of carbon dioxide directly from the ambient air or uses a
2575+11 process to separate carbon dioxide from industrial or
2576+12 energy-related sources, other than oil or gas production
2577+13 from a well; and
2578+14 (2) produces a concentrated fluid of carbon dioxide.
2579+15 "Carbon dioxide stream" means carbon dioxide, any
2580+16 incidental associated substances derived from the source
2581+17 materials and process of producing or capturing carbon
2582+18 dioxide, and any substance added to the stream to enable or
2583+19 improve the injection process or the detection of a leak or
2584+20 rupture.
2585+21 "Carbon sequestration activity" means the injection of one
2586+22 or more carbon dioxide streams into underground geologic
2587+23 formations under at least one Class VI well permit for
2588+24 long-term sequestration.
2589+
2590+
2591+
2592+
2593+
2594+ SB1289 Enrolled - 73 - LRB103 05989 BMS 51011 b
2595+
2596+
2597+SB1289 Enrolled- 74 -LRB103 05989 BMS 51011 b SB1289 Enrolled - 74 - LRB103 05989 BMS 51011 b
2598+ SB1289 Enrolled - 74 - LRB103 05989 BMS 51011 b
2599+1 "Criteria pollutants" means the 6 pollutants for which the
2600+2 United States Environmental Protection Agency has set National
2601+3 Ambient Air Quality Standards under Section 109 of the Clean
2602+4 Air Act, together with recognized precursors to those
2603+5 pollutants.
2604+6 "Project labor agreement" means a prehire collective
2605+7 bargaining agreement that covers all terms and conditions of
2606+8 employment on a specific construction project and must include
2607+9 the following:
2608+10 (1) provisions establishing the minimum hourly wage
2609+11 for each class of labor organization employee;
2610+12 (2) provisions establishing the benefits and other
2611+13 compensation for each class of labor organization
2612+14 employee;
2613+15 (3) provisions establishing that no strike or disputes
2614+16 will be engaged in by the labor organization employees;
2615+17 (4) provisions establishing that no lockout or
2616+18 disputes will be engaged in by the general contractor
2617+19 building the project; and
2618+20 (5) provisions for minorities and women, as defined
2619+21 under the Business Enterprise for Minorities, Women, and
2620+22 Persons with Disabilities Act, setting forth goals for
2621+23 apprenticeship hours to be performed by minorities and
2622+24 women and setting forth goals for total hours to be
2623+25 performed by underrepresented minorities and women.
2624+26 "Project labor agreement" includes other terms and conditions
2625+
2626+
2627+
2628+
2629+
2630+ SB1289 Enrolled - 74 - LRB103 05989 BMS 51011 b
2631+
2632+
2633+SB1289 Enrolled- 75 -LRB103 05989 BMS 51011 b SB1289 Enrolled - 75 - LRB103 05989 BMS 51011 b
2634+ SB1289 Enrolled - 75 - LRB103 05989 BMS 51011 b
2635+1 a labor organization or general contractor building the
2636+2 project deems necessary.
2637+3 "Sequestration facility" means the carbon dioxide
2638+4 sequestration reservoir, underground equipment, including, but
2639+5 not limited to, well penetrations, and surface facilities and
2640+6 equipment used or proposed to be used in a carbon
2641+7 sequestration activity. "Sequestration facility" includes each
2642+8 injection well and equipment used to connect surface
2643+9 activities to the carbon dioxide sequestration reservoir and
2644+10 underground equipment. "Sequestration facility" does not
2645+11 include pipelines used to transport carbon dioxide to a
2646+12 sequestration facility.
2647+13 (415 ILCS 5/59.1 new)
2648+14 Sec. 59.1. Carbon capture permit requirements. For air
2649+15 construction permit applications for carbon dioxide capture
2650+16 projects at existing sources submitted on or after the
2651+17 effective date of this amendatory Act of the 103rd General
2652+18 Assembly, no permit may be issued unless all of the following
2653+19 requirements are met:
2654+20 (1) The permit applicant demonstrates that there will
2655+21 be no net increase in the individual allowable potential
2656+22 annual criteria pollutant emissions at the source. If the
2657+23 Agency determines that it is technically infeasible for an
2658+24 applicant to demonstrate that there will be no net
2659+25 increase in the individual allowable potential annual
2660+
2661+
2662+
2663+
2664+
2665+ SB1289 Enrolled - 75 - LRB103 05989 BMS 51011 b
2666+
2667+
2668+SB1289 Enrolled- 76 -LRB103 05989 BMS 51011 b SB1289 Enrolled - 76 - LRB103 05989 BMS 51011 b
2669+ SB1289 Enrolled - 76 - LRB103 05989 BMS 51011 b
2670+1 criteria pollutant emissions at the source, the Agency
2671+2 shall allow an alternative demonstration.
2672+3 (2) The Agency has complied with the public
2673+4 participation requirements under 35 Ill. Adm. Code 252.
2674+5 (3) The permit applicant submits to the Agency in its
2675+6 permit application, a Greenhouse Gas Inventory Analysis,
2676+7 as set forth in guidance from the United States
2677+8 Environmental Protection Agency, that includes all
2678+9 emissions at the stack or emissions source from which
2679+10 carbon dioxide is captured and a demonstration that the
2680+11 total greenhouse gas emissions associated with capture,
2681+12 including, but not limited to, (i) the emissions at the
2682+13 stack or emissions source from which the carbon dioxide is
2683+14 captured, (ii) the additional emissions associated with
2684+15 additional electricity generated, whether on-site or
2685+16 off-site, used to power any capture equipment, and (iii)
2686+17 any increased emissions necessary for the operation of the
2687+18 capture facility as compared to before the installation
2688+19 and operation of the capture equipment at the facility, do
2689+20 not exceed the total amount of greenhouse gas emissions
2690+21 captured. This comparison shall be made on an annual
2691+22 basis, projected across the proposed life span of the
2692+23 capture project.
2693+24 (4) The permit applicant provides a water impact
2694+25 assessment report. The report must have been submitted to
2695+26 Department of Natural Resources and to the Soil and Water
2696+
2697+
2698+
2699+
2700+
2701+ SB1289 Enrolled - 76 - LRB103 05989 BMS 51011 b
2702+
2703+
2704+SB1289 Enrolled- 77 -LRB103 05989 BMS 51011 b SB1289 Enrolled - 77 - LRB103 05989 BMS 51011 b
2705+ SB1289 Enrolled - 77 - LRB103 05989 BMS 51011 b
2706+1 Conservation District in the county in which the project
2707+2 will be constructed. The report shall identify the
2708+3 following:
2709+4 (A) each water source to be used by the project;
2710+5 (B) the pumping method to be used by the project;
2711+6 (C) the maximum and expected average daily pumping
2712+7 rates for the pumps used by the project;
2713+8 (D) the impacts to each water source used by the
2714+9 project, such as aquifer drawdown or river reductions;
2715+10 and
2716+11 (E) a detailed assessment of the impact on water
2717+12 users near the area of impact.
2718+13 The water impact assessment shall consider the water
2719+14 impacts (i) immediately following the project's initial
2720+15 operations, (ii) at the end of the project's expected
2721+16 operational life, and (iii) during a drought or other
2722+17 similar event.
2723+18 The permit applicant shall submit a certification to the
2724+19 Agency that the applicant has submitted its initial water use
2725+20 impact study and the applicant's ongoing water usage to the
2726+21 Department of Natural Resources. This requirement may be
2727+22 satisfied by submitting to the Agency copies of documents
2728+23 provided to the United States Environmental Protection Agency
2729+24 in accordance with 40 CFR 146.82 if the applicant satisfies
2730+25 the requirements of this Section.
2731+
2732+
2733+
2734+
2735+
2736+ SB1289 Enrolled - 77 - LRB103 05989 BMS 51011 b
2737+
2738+
2739+SB1289 Enrolled- 78 -LRB103 05989 BMS 51011 b SB1289 Enrolled - 78 - LRB103 05989 BMS 51011 b
2740+ SB1289 Enrolled - 78 - LRB103 05989 BMS 51011 b
2741+1 (415 ILCS 5/59.2 new)
2742+2 Sec. 59.2. Report on minimum carbon capture standards and
2743+3 the deployment of carbon capture and sequestration technology.
2744+4 By December 1, 2028, the Agency, in consultation with Illinois
2745+5 Emergency Management Agency and Office of Homeland Security,
2746+6 the Illinois Commerce Commission, the Commission on
2747+7 Environmental Justice, and the Department of Natural
2748+8 Resources, shall submit to the Governor and General Assembly,
2749+9 a report that reviews the progress on the implementation of
2750+10 carbon dioxide capture, transport, and storage projects in
2751+11 this State. The Agency may also obtain outside consultants to
2752+12 assist with the report. The report shall include, at minimum:
2753+13 (1) a review of federal and other State statutory or
2754+14 regulatory actions to establish and implement a minimum
2755+15 carbon capture efficiency rate at the stack or emission
2756+16 point;
2757+17 (2) a review of active and proposed capture projects,
2758+18 including the types of technology and capture rates used
2759+19 by various industry subsectors to capture and store
2760+20 carbon;
2761+21 (3) an assessment of the technical and economic
2762+22 feasibility of carbon capture in various industries and
2763+23 various rates of capture; and
2764+24 (4) an environmental justice analysis which includes,
2765+25 but is not limited to:
2766+26 (A) an assessment of capture, transport, and
2767+
2768+
2769+
2770+
2771+
2772+ SB1289 Enrolled - 78 - LRB103 05989 BMS 51011 b
2773+
2774+
2775+SB1289 Enrolled- 79 -LRB103 05989 BMS 51011 b SB1289 Enrolled - 79 - LRB103 05989 BMS 51011 b
2776+ SB1289 Enrolled - 79 - LRB103 05989 BMS 51011 b
2777+1 sequestration projects that present potential impacts
2778+2 on environmental justice communities and economically
2779+3 disadvantaged rural communities;
2780+4 (B) how public participation processes associated
2781+5 with the permitting of carbon capture, transport, and
2782+6 storage projects provide transparency and meaningful
2783+7 participation for environmental justice communities,
2784+8 rural communities, minority populations, low-income
2785+9 populations, tribes, or indigenous peoples; and
2786+10 (C) options for State agencies and decision-makers
2787+11 to improve environmental, public health, and economic
2788+12 protections for environmental justice communities and
2789+13 economically disadvantaged rural communities in
2790+14 permitting and regulatory enforcement of permit
2791+15 provisions of carbon capture, transport, and
2792+16 sequestration proposals.
2793+17 (415 ILCS 5/59.3 new)
2794+18 Sec. 59.3. Minimum carbon dioxide capture efficiency
2795+19 rulemaking authority. The Agency may propose, and the Board
2796+20 may adopt, rules to establish a minimum carbon capture
2797+21 efficiency rate for carbon capture projects. The Agency may
2798+22 propose, and the Board may adopt, a minimum carbon capture
2799+23 efficiency rate that is applicable to all carbon capture
2800+24 projects or individual efficiencies applicable to distinct
2801+25 industries.
2802+
2803+
2804+
2805+
2806+
2807+ SB1289 Enrolled - 79 - LRB103 05989 BMS 51011 b
2808+
2809+
2810+SB1289 Enrolled- 80 -LRB103 05989 BMS 51011 b SB1289 Enrolled - 80 - LRB103 05989 BMS 51011 b
2811+ SB1289 Enrolled - 80 - LRB103 05989 BMS 51011 b
2812+1 (415 ILCS 5/59.4 new)
2813+2 Sec. 59.4. Report on the status and impact of carbon
2814+3 capture and sequestration. Beginning July 1, 2029, and every 5
2815+4 years thereafter, the Agency shall submit a report to the
2816+5 Governor and General Assembly that includes, for each carbon
2817+6 dioxide capture project in this State:
2818+7 (1) the amount of carbon dioxide captured on an annual
2819+8 basis;
2820+9 (2) the means for transporting the carbon dioxide to a
2821+10 sequestration or utilization facility;
2822+11 (3) the location of the sequestration or utilization
2823+12 facility used;
2824+13 (4) the electrical power consumption of the carbon
2825+14 dioxide capture equipment; and
2826+15 (5) the generation source or sources providing
2827+16 electrical power for the carbon dioxide capture equipment
2828+17 and the emissions of CO2 and criteria pollutants of the
2829+18 generation source or sources.
2830+19 (415 ILCS 5/59.5 new)
2831+20 Sec. 59.5. Prohibitions.
2832+21 (a) No person shall conduct a carbon sequestration
2833+22 activity without a permit issued by the Agency under Section
2834+23 59.6. This prohibition does not apply to any carbon
2835+24 sequestration activity in existence and permitted by the
2836+
2837+
2838+
2839+
2840+
2841+ SB1289 Enrolled - 80 - LRB103 05989 BMS 51011 b
2842+
2843+
2844+SB1289 Enrolled- 81 -LRB103 05989 BMS 51011 b SB1289 Enrolled - 81 - LRB103 05989 BMS 51011 b
2845+ SB1289 Enrolled - 81 - LRB103 05989 BMS 51011 b
2846+1 United States Environmental Protection Agency on or before the
2847+2 effective date of this amendatory Act of the 103rd General
2848+3 Assembly or to any Class VI well for which (1) a Class VI well
2849+4 permit has been filed with the United States Environmental
2850+5 Protection Agency and a completeness determination had been
2851+6 received prior to January 1, 2023, and (2) the sequestration
2852+7 activity will occur on a contiguous property with common
2853+8 ownership where the carbon dioxide is generated, captured, and
2854+9 injected.
2855+10 (b) No person shall conduct a carbon sequestration
2856+11 activity in violation of this Act.
2857+12 (c) No person shall conduct a carbon sequestration
2858+13 activity in violation of any applicable rules adopted by the
2859+14 Pollution Control Board.
2860+15 (d) No person shall conduct a carbon sequestration
2861+16 activity in violation of a permit issued by the Agency under
2862+17 this Act.
2863+18 (e) No person shall fail to submit reports required by
2864+19 this Act or required by a permit issued by the Agency under
2865+20 this Act.
2866+21 (f) No person shall conduct a carbon sequestration
2867+22 activity without obtaining an order for integration of pore
2868+23 space from the Department of Natural Resources, if applicable.
2869+24 (415 ILCS 5/59.6 new)
2870+25 Sec. 59.6. Sequestration permit; application contents. An
2871+
2872+
2873+
2874+
2875+
2876+ SB1289 Enrolled - 81 - LRB103 05989 BMS 51011 b
2877+
2878+
2879+SB1289 Enrolled- 82 -LRB103 05989 BMS 51011 b SB1289 Enrolled - 82 - LRB103 05989 BMS 51011 b
2880+ SB1289 Enrolled - 82 - LRB103 05989 BMS 51011 b
2881+1 application to obtain a carbon sequestration permit under this
2882+2 Act shall contain, at a minimum, the following:
2883+3 (1) A map and accompanying description that clearly
2884+4 identifies the location of all carbon sequestration
2885+5 activities for which a permit is sought.
2886+6 (2) A map and accompanying description that clearly
2887+7 identifies the properties overlaying the carbon
2888+8 sequestration activity.
2889+9 (3) Copies of any permit and related application
2890+10 materials submitted to or issued by the United States
2891+11 Environmental Protection Agency in accordance with 40 CFR
2892+12 146.82.
2893+13 (4) A report describing air and soil gas baseline
2894+14 conditions at properties potentially impacted by a release
2895+15 from the carbon sequestration activity to determine
2896+16 background levels of constituents of concern present
2897+17 before the commencement of the carbon sequestration
2898+18 activity for which a permit is sought. The report must:
2899+19 (A) contain sampling data generated within 180
2900+20 calendar days prior to the submission of the permit
2901+21 application;
2902+22 (B) identify the constituents of concern for which
2903+23 monitoring was conducted and the method for selecting
2904+24 those constituents of concern;
2905+25 (C) use and describe the sampling methodology
2906+26 employed to collect and test air and soil samples in a
2907+
2908+
2909+
2910+
2911+
2912+ SB1289 Enrolled - 82 - LRB103 05989 BMS 51011 b
2913+
2914+
2915+SB1289 Enrolled- 83 -LRB103 05989 BMS 51011 b SB1289 Enrolled - 83 - LRB103 05989 BMS 51011 b
2916+ SB1289 Enrolled - 83 - LRB103 05989 BMS 51011 b
2917+1 manner consistent with standards established by a
2918+2 national laboratory accreditation body;
2919+3 (D) identify the accredited laboratory used to
2920+4 conduct necessary testing; and
2921+5 (E) include the sampling results for the
2922+6 identified constituents of concern.
2923+7 (5) The permit application must include an air
2924+8 monitoring plan containing, at a minimum, the following
2925+9 elements:
2926+10 (A) sufficient surface and near-surface monitoring
2927+11 points based on potential risks of atmospheric carbon
2928+12 dioxide and any other identified constituents of
2929+13 concern attributable to the carbon sequestration
2930+14 activity to identify the nature and extent any release
2931+15 of carbon dioxide or other constituents of concern,
2932+16 the source of the release, and the estimated volume of
2933+17 the release;
2934+18 (B) a monitoring frequency designed to evaluate
2935+19 the nature and extent of any release of carbon dioxide
2936+20 or other constituents of concern, the source of the
2937+21 release, and the estimated volume of the release;
2938+22 (C) a description of the monitoring network
2939+23 components and methods, including sampling and
2940+24 equipment quality assurance methods, that comply with
2941+25 applicable testing and laboratory standards,
2942+26 established by a national laboratory accreditation
2943+
2944+
2945+
2946+
2947+
2948+ SB1289 Enrolled - 83 - LRB103 05989 BMS 51011 b
2949+
2950+
2951+SB1289 Enrolled- 84 -LRB103 05989 BMS 51011 b SB1289 Enrolled - 84 - LRB103 05989 BMS 51011 b
2952+ SB1289 Enrolled - 84 - LRB103 05989 BMS 51011 b
2953+1 body;
2954+2 (D) confirmation monitoring protocols to address
2955+3 any monitoring results that reflect a statistically
2956+4 significant increase over background levels; and
2957+5 (E) development and submission of quarterly air
2958+6 monitoring reports to the Agency.
2959+7 This requirement may be satisfied by the submission of
2960+8 copies of documents provided to the United States
2961+9 Environmental Protection Agency in accordance with 40 CFR
2962+10 146.82 if the applicant satisfies the requirements of this
2963+11 Section.
2964+12 (6) The permit application must include a soil gas
2965+13 monitoring plan containing, at a minimum, the following
2966+14 elements:
2967+15 (A) sufficient soil sampling points and sampling
2968+16 depths to identify the nature and extent of any
2969+17 release of carbon dioxide or other constituents of
2970+18 concern, the source of the release, and the estimated
2971+19 volume of the release;
2972+20 (B) a monitoring frequency designed to identify
2973+21 the nature and extent of any release of carbon dioxide
2974+22 or other constituents of concern, the source of the
2975+23 release, and the estimated volume of the release;
2976+24 (C) a description of the monitoring network
2977+25 components and methods, including sampling and
2978+26 equipment quality assurance methods, that comply with
2979+
2980+
2981+
2982+
2983+
2984+ SB1289 Enrolled - 84 - LRB103 05989 BMS 51011 b
2985+
2986+
2987+SB1289 Enrolled- 85 -LRB103 05989 BMS 51011 b SB1289 Enrolled - 85 - LRB103 05989 BMS 51011 b
2988+ SB1289 Enrolled - 85 - LRB103 05989 BMS 51011 b
2989+1 applicable testing and laboratory standards,
2990+2 established by a national laboratory accreditation
2991+3 body;
2992+4 (D) confirmation monitoring protocols to address
2993+5 any monitoring results that reflect a statistically
2994+6 significant increase over background levels; and
2995+7 (E) development and submission of quarterly soil
2996+8 gas monitoring reports to the Agency.
2997+9 This requirement may be satisfied by the submission of
2998+10 copies of documents provided to the United States
2999+11 Environmental Protection Agency in accordance with 40 CFR
3000+12 146.82 if the applicant satisfies the requirements of this
3001+13 Section.
3002+14 (7) The permit application must include an emergency
3003+15 response plan designed to respond to and minimize the
3004+16 immediate threat to human health and the environment from
3005+17 a release from the carbon sequestration activity. The plan
3006+18 must have been submitted to the Illinois Emergency
3007+19 Management Agency and Office of Homeland Security for
3008+20 review and input on the emergency preparedness activities
3009+21 prior to submitting in a permit application to the Agency.
3010+22 Proof of this submission must be included with the permit
3011+23 application. The plan must:
3012+24 (A) identify the resources and infrastructure near
3013+25 carbon sequestration activity;
3014+26 (B) identify potential risk scenarios that would
3015+
3016+
3017+
3018+
3019+
3020+ SB1289 Enrolled - 85 - LRB103 05989 BMS 51011 b
3021+
3022+
3023+SB1289 Enrolled- 86 -LRB103 05989 BMS 51011 b SB1289 Enrolled - 86 - LRB103 05989 BMS 51011 b
3024+ SB1289 Enrolled - 86 - LRB103 05989 BMS 51011 b
3025+1 result in the need to trigger a response plan.
3026+2 Potential risk scenarios must include, at a minimum:
3027+3 (i) injection or monitoring well integrity
3028+4 failure;
3029+5 (ii) injection well monitoring equipment
3030+6 failure;
3031+7 (iii) fluid or carbon dioxide release;
3032+8 (iv) natural disaster; or
3033+9 (v) induced or natural seismic event;
3034+10 (C) describe response actions necessary to prepare
3035+11 for and address each risk scenario identified in the
3036+12 emergency response plan. These actions should include,
3037+13 but are not limited to, identification and maintenance
3038+14 of sensors and alarms to detect carbon dioxide leaks,
3039+15 an internal and external communications plan
3040+16 accounting for external communications to the public
3041+17 in the primary languages of potentially impacted
3042+18 populations, a training program that includes regular
3043+19 training for employees and emergency responders on how
3044+20 to handle carbon dioxide, public safety, and
3045+21 evacuation plans, and post-incident analysis and
3046+22 reporting procedures;
3047+23 (D) identify personnel and equipment necessary to
3048+24 comprehensively address the emergency;
3049+25 (E) describe emergency notification procedures,
3050+26 including notifications to and coordination with State
3051+
3052+
3053+
3054+
3055+
3056+ SB1289 Enrolled - 86 - LRB103 05989 BMS 51011 b
3057+
3058+
3059+SB1289 Enrolled- 87 -LRB103 05989 BMS 51011 b SB1289 Enrolled - 87 - LRB103 05989 BMS 51011 b
3060+ SB1289 Enrolled - 87 - LRB103 05989 BMS 51011 b
3061+1 and local emergency response agencies;
3062+2 (F) describe the process for determining the
3063+3 nature and extent of any injuries or private or public
3064+4 property damage attributable to the release of carbon
3065+5 dioxide;
3066+6 (G) include an air and soil gas monitoring plan
3067+7 designed to determine the nature and extent of any air
3068+8 or soil gas impacts attributable to a release from the
3069+9 permitted carbon sequestration activity; and
3070+10 (H) provide any additional information or action
3071+11 plans requested by the Agency or the Illinois
3072+12 Emergency Management Agency and Office of Homeland
3073+13 Security.
3074+14 This requirement may be satisfied by the submission of
3075+15 copies of documents provided to the United States
3076+16 Environmental Protection Agency in accordance with 40 CFR
3077+17 146.82 if the applicant satisfies the requirements of this
3078+18 Section.
3079+19 (8) The permit applicant must include a water impact
3080+20 assessment report. The report must have been submitted to
3081+21 the Department of Natural Resources and to the Soil and
3082+22 Water Conservation District in the county in which the
3083+23 project will be constructed. The report shall identify the
3084+24 following:
3085+25 (A) each water source to be used by the project;
3086+26 (B) the pumping method to be used by the project;
3087+
3088+
3089+
3090+
3091+
3092+ SB1289 Enrolled - 87 - LRB103 05989 BMS 51011 b
3093+
3094+
3095+SB1289 Enrolled- 88 -LRB103 05989 BMS 51011 b SB1289 Enrolled - 88 - LRB103 05989 BMS 51011 b
3096+ SB1289 Enrolled - 88 - LRB103 05989 BMS 51011 b
3097+1 (C) the maximum and expected average daily pumping
3098+2 rates for the pumps used by the project;
3099+3 (D) the impacts to each water source, such as
3100+4 aquifer drawdown or river reductions; and
3101+5 (E) a detailed assessment of the impact of the
3102+6 project on water users near the area of impact.
3103+7 The impact assessment shall consider the water impacts
3104+8 (i) immediately following the project's initial
3105+9 operations, (ii) at the end of the project's expected
3106+10 operational life, and (iii) during a drought or other
3107+11 similar event.
3108+12 The permit applicant shall submit a certification to
3109+13 the Agency from the Department of Natural Resources that
3110+14 the applicant has submitted its initial water use impact
3111+15 study and is submitting to the Department of Resources the
3112+16 applicant's ongoing water usage. This requirement may be
3113+17 satisfied by the submission of copies of documents
3114+18 provided to the United States Environmental Protection
3115+19 Agency in accordance with 40 CFR 146.82 if the applicant
3116+20 satisfies the requirements of this Section.
3117+21 (9) The permit application must include a remedial
3118+22 action plan designed to address the air and soil impacts
3119+23 of a release from the carbon sequestration activity. The
3120+24 remedial action plan must, at a minimum:
3121+25 (A) identify all necessary remedial actions to
3122+26 address air and soil impacts from a release from the
3123+
3124+
3125+
3126+
3127+
3128+ SB1289 Enrolled - 88 - LRB103 05989 BMS 51011 b
3129+
3130+
3131+SB1289 Enrolled- 89 -LRB103 05989 BMS 51011 b SB1289 Enrolled - 89 - LRB103 05989 BMS 51011 b
3132+ SB1289 Enrolled - 89 - LRB103 05989 BMS 51011 b
3133+1 sequestration activity, consistent with Title XVII.
3134+2 Soil impacts from a release of carbon dioxide must be
3135+3 addressed through (i) the installation of an
3136+4 appropriate treatment system designed to remove
3137+5 contaminants of concerns emplaced by, or the increase
3138+6 in any contaminants of concern that result from, the
3139+7 carbon sequestration activity or (ii) the removal of
3140+8 all impacted soils and transportation of those soils
3141+9 to an appropriately permitted facility for treatment,
3142+10 storage or disposal;
3143+11 (B) include a demonstration of the performance,
3144+12 reliability, ease of implementation, and potential
3145+13 impacts, including safety, cross-media impacts, and
3146+14 control of exposure of any residual contamination, of
3147+15 the selected corrective actions; and
3148+16 (C) identify a reasonable timeline and describe
3149+17 the procedure for implementation and completion of the
3150+18 remedial action plan, consistent with Title XVII,
3151+19 following a release attributable to the sequestration
3152+20 activity.
3153+21 (10) The permit application must include a closure
3154+22 plan that addresses the post-injection site care and
3155+23 closure. The closure plan must include:
3156+24 (A) the pressure differential between preinjection
3157+25 and predicted post-injection pressures at all
3158+26 injection zones;
3159+
3160+
3161+
3162+
3163+
3164+ SB1289 Enrolled - 89 - LRB103 05989 BMS 51011 b
3165+
3166+
3167+SB1289 Enrolled- 90 -LRB103 05989 BMS 51011 b SB1289 Enrolled - 90 - LRB103 05989 BMS 51011 b
3168+ SB1289 Enrolled - 90 - LRB103 05989 BMS 51011 b
3169+1 (B) the predicted position of the carbon dioxide
3170+2 plume and associated pressure front at site closure;
3171+3 (C) a description of post-injection monitoring
3172+4 locations, methods, and proposed frequency;
3173+5 (D) a proposed schedule for submitting
3174+6 post-injection site care monitoring results to the
3175+7 Agency; and
3176+8 (E) the duration of the post-injection site care
3177+9 period that ensures nonendangerment of groundwater, as
3178+10 specified in 35 Ill. Adm. Code 620, or to human health
3179+11 or the environment. The post-injection site care
3180+12 period shall be no less than 30 years from the last
3181+13 date of injection.
3182+14 This requirement may be satisfied by the submission of
3183+15 copies of documents provided to the United States
3184+16 Environmental Protection Agency in accordance with 40 CFR
3185+17 146.93 if the applicant satisfies the requirements of this
3186+18 Section.
3187+19 (11) The permit application must contain a written
3188+20 estimate of the cost of all air monitoring, soil gas
3189+21 monitoring, emergency response, remedial action, and
3190+22 closure activities required by this Section.
3191+23 The cost estimate must be calculated in terms of
3192+24 reasonable actual remedial, construction, maintenance, and
3193+25 labor costs that the Agency would bear if contracting to
3194+26 complete the actions set forth in an air monitoring, soil
3195+
3196+
3197+
3198+
3199+
3200+ SB1289 Enrolled - 90 - LRB103 05989 BMS 51011 b
3201+
3202+
3203+SB1289 Enrolled- 91 -LRB103 05989 BMS 51011 b SB1289 Enrolled - 91 - LRB103 05989 BMS 51011 b
3204+ SB1289 Enrolled - 91 - LRB103 05989 BMS 51011 b
3205+1 gas monitoring, emergency response, remedial action, and
3206+2 closure plans set forth in an Agency-approved permit.
3207+3 The owner or operator must revise the cost estimate
3208+4 whenever there is a change in the air monitoring, soil gas
3209+5 monitoring, emergency response, remedial action, or
3210+6 closure plans that would result in an increase to the cost
3211+7 estimate.
3212+8 The owner or operator must annually revise the cost
3213+9 estimate to adjust for inflation.
3214+10 Revisions to the cost estimate must be submitted to
3215+11 the Agency as a permit modification.
3216+12 (12) Proof that the applicant has financial assurance
3217+13 sufficient to satisfy the requirements set forth in
3218+14 Section 59.10.
3219+15 (13) Proof of insurance that complies with the
3220+16 requirements set forth in Section 59.11.
3221+17 (415 ILCS 5/59.7 new)
3222+18 Sec. 59.7. Sequestration permit application fee. Upon
3223+19 submission of a sequestration facility permit application, and
3224+20 in addition to any other fees required by law, the
3225+21 sequestration operator shall remit to the Agency an initial,
3226+22 one-time permit application fee of $60,000. One-third of each
3227+23 sequestration facility permit application fee shall be
3228+24 deposited into the Water Resources Fund, the Emergency
3229+25 Planning and Training Fund, and the Carbon Dioxide
3230+
3231+
3232+
3233+
3234+
3235+ SB1289 Enrolled - 91 - LRB103 05989 BMS 51011 b
3236+
3237+
3238+SB1289 Enrolled- 92 -LRB103 05989 BMS 51011 b SB1289 Enrolled - 92 - LRB103 05989 BMS 51011 b
3239+ SB1289 Enrolled - 92 - LRB103 05989 BMS 51011 b
3240+1 Sequestration Administrative Fund.
3241+2 (415 ILCS 5/59.8 new)
3242+3 Sec. 59.8. Public participation. Prior to issuing a permit
3243+4 for carbon sequestration activity, the Agency shall issue a
3244+5 public notice of the permit application and draft permit. The
3245+6 public notice shall include a link to a website where copies of
3246+7 the permit application or draft permit, and all included
3247+8 attachments that are not protected under the Freedom of
3248+9 Information Act are posted, and shall provide information
3249+10 concerning the comment period on the permit application or
3250+11 draft permit and instructions for how to request a hearing on
3251+12 the permit application or draft permit. The Agency shall
3252+13 provide an opportunity for public comments on the permit
3253+14 application or draft permit, and shall hold a public hearing
3254+15 upon request. The Agency will make copies of all comments
3255+16 received available on its website and consider those comments
3256+17 when rendering its permit decision.
3257+18 (415 ILCS 5/59.9 new)
3258+19 Sec. 59.9. Closure. The owner or operator of a carbon
3259+20 sequestration activity permitted in accordance with this Act
3260+21 shall monitor the site during the post-injection site care
3261+22 period, which shall be no less than 30 years after the last
3262+23 date of injection, as well as following certification of
3263+24 closure by United States Environmental Protection Act to show
3264+
3265+
3266+
3267+
3268+
3269+ SB1289 Enrolled - 92 - LRB103 05989 BMS 51011 b
3270+
3271+
3272+SB1289 Enrolled- 93 -LRB103 05989 BMS 51011 b SB1289 Enrolled - 93 - LRB103 05989 BMS 51011 b
3273+ SB1289 Enrolled - 93 - LRB103 05989 BMS 51011 b
3274+1 the position of the carbon dioxide and pressure front to
3275+2 ensure it does not pose an endangerment to groundwater, as
3276+3 specified in 35 Ill. Adm. Code 620, or to human health or the
3277+4 environment, unless and until the Agency certifies that a
3278+5 carbon sequestration facility is closed. Air and soil gas
3279+6 monitoring required by a carbon sequestration activity permit
3280+7 issued by the Agency must continue until the Agency certifies
3281+8 the carbon sequestration facility as closed. The Agency shall
3282+9 certify a carbon sequestration facility as closed if:
3283+10 (1) the owner or operator submits to the Agency a copy
3284+11 of a closure certification issued for the carbon
3285+12 sequestration facility in accordance with 40 CFR 146.93;
3286+13 and
3287+14 (2) the owner or operator demonstrates to the Agency
3288+15 that no additional air or soil gas monitoring is needed to
3289+16 ensure the carbon sequestration facility does not pose an
3290+17 endangerment to groundwater, as specified in 35 Ill. Adm.
3291+18 Code 620, or to human health or the environment.
3292+19 This demonstration must include location-specific
3293+20 monitoring data. The certification of closure does not relieve
3294+21 an operator of any liabilities from the carbon sequestration
3295+22 activity or carbon sequestration facility.
3296+23 (415 ILCS 5/59.10 new)
3297+24 Sec. 59.10. Financial assurance.
3298+25 (a) The owner or operator of a sequestration activity
3299+
3300+
3301+
3302+
3303+
3304+ SB1289 Enrolled - 93 - LRB103 05989 BMS 51011 b
3305+
3306+
3307+SB1289 Enrolled- 94 -LRB103 05989 BMS 51011 b SB1289 Enrolled - 94 - LRB103 05989 BMS 51011 b
3308+ SB1289 Enrolled - 94 - LRB103 05989 BMS 51011 b
3309+1 permitted in accordance with this Act shall maintain financial
3310+2 assurance in an amount equal to or greater than the cost
3311+3 estimate calculated in accordance with paragraph (11) of
3312+4 Section 59.6.
3313+5 (b) The owner or operator of the sequestration activity
3314+6 must use one or a combination of the following mechanisms as
3315+7 financial assurance:
3316+8 (1) a fully funded trust fund;
3317+9 (2) a surety bond guaranteeing payment;
3318+10 (3) a surety bond guaranteeing performance; or
3319+11 (4) an irrevocable letter of credit.
3320+12 (c) The financial assurance mechanism must identify the
3321+13 Agency as the sole beneficiary.
3322+14 (d) The financial assurance mechanism shall be on forms
3323+15 adopted by the Agency. The Agency must adopt these forms
3324+16 within 90 days of the date of the effective date of this
3325+17 amendatory Act of the 103rd General Assembly.
3326+18 (e) The Agency shall release a trustee, surety, or other
3327+19 financial institution holding a financial assurance mechanism
3328+20 when:
3329+21 (1) the owner or operator of a carbon sequestration
3330+22 activity substitutes alternative financial assurance such
3331+23 that the total financial assurance for the site is equal
3332+24 to or greater than the current cost estimate, without
3333+25 counting the amounts to be released; or
3334+26 (2) the Agency determines that the owner or operator
3335+
3336+
3337+
3338+
3339+
3340+ SB1289 Enrolled - 94 - LRB103 05989 BMS 51011 b
3341+
3342+
3343+SB1289 Enrolled- 95 -LRB103 05989 BMS 51011 b SB1289 Enrolled - 95 - LRB103 05989 BMS 51011 b
3344+ SB1289 Enrolled - 95 - LRB103 05989 BMS 51011 b
3345+1 is no longer required to maintain a permit.
3346+2 (f) The Agency may enter into contracts and agreements it
3347+3 deems necessary to carry out the purposes of this Section,
3348+4 including, but not limited to, interagency agreements with the
3349+5 Illinois State Geological Survey, the Department of Natural
3350+6 Resources, or other agencies of the State. Neither the State
3351+7 nor any State employee shall be liable for any damages or
3352+8 injuries arising out of or resulting from any action taken
3353+9 under paragraph (11) of Section 59.6.
3354+10 (g) The Agency may order that a permit holder modify the
3355+11 financial assurance or order that proceeds from financial
3356+12 assurance be applied to the remedial action at or closure of an
3357+13 injection site. The Agency may pursue legal action in any
3358+14 court of competent jurisdiction to enforce its rights under
3359+15 financial instruments used to provide the financial assurance
3360+16 required under Section 59.10.
3361+17 (h) An owner or operator of a carbon sequestration
3362+18 activity permitted in accordance with this Act that has a
3363+19 closure plan approved by United States Environmental
3364+20 Protection Agency in accordance with 40 CFR 146.93 may satisfy
3365+21 the financial assurance requirements for any portion of the
3366+22 cost estimates for closure costs required by the Agency by
3367+23 submitting to the Agency true copies of the financial
3368+24 assurance mechanism required by 40 CFR 146.85, if those
3369+25 mechanisms are compliant with Section 59.10.
3370+
3371+
3372+
3373+
3374+
3375+ SB1289 Enrolled - 95 - LRB103 05989 BMS 51011 b
3376+
3377+
3378+SB1289 Enrolled- 96 -LRB103 05989 BMS 51011 b SB1289 Enrolled - 96 - LRB103 05989 BMS 51011 b
3379+ SB1289 Enrolled - 96 - LRB103 05989 BMS 51011 b
3380+1 (415 ILCS 5/59.11 new)
3381+2 Sec. 59.11. Insurance.
3382+3 (a) The owner or operator of a carbon sequestration
3383+4 facility permitted in accordance with this Act shall maintain
3384+5 insurance to cover wrongful death, bodily injuries, property
3385+6 damages, and public or private losses related to a release
3386+7 from the carbon sequestration facility from an insurer holding
3387+8 at least an A- rating by an AM Best or equivalent credit rating
3388+9 agency. Such insurance shall be in an amount of at least
3389+10 $25,000,000.
3390+11 (b) The owner or operator of a carbon sequestration
3391+12 activity permitted in accordance with this Act must maintain
3392+13 insurance required by this Section throughout the period
3393+14 during which carbon dioxide is injected into the sequestration
3394+15 site, throughout the post-injection time frame, and until the
3395+16 Agency certifies that the carbon sequestration facility is
3396+17 closed.
3397+18 (c) The insurance policy must provide that the insurer may
3398+19 not cancel or terminate, except for failure to pay the
3399+20 premium.
3400+21 (d) The insurance policy must allow for assignment to a
3401+22 successor owner or operator. The insurer shall not
3402+23 unreasonably withhold consent to assignment of the insurance
3403+24 policy.
3404+25 (415 ILCS 5/59.12 new)
3405+
3406+
3407+
3408+
3409+
3410+ SB1289 Enrolled - 96 - LRB103 05989 BMS 51011 b
3411+
3412+
3413+SB1289 Enrolled- 97 -LRB103 05989 BMS 51011 b SB1289 Enrolled - 97 - LRB103 05989 BMS 51011 b
3414+ SB1289 Enrolled - 97 - LRB103 05989 BMS 51011 b
3415+1 Sec. 59.12. Ownership of carbon dioxide; liability.
3416+2 (a) The owner or operator of a sequestration activity
3417+3 permitted in accordance with this Act may be subject to
3418+4 liability for any and all damage, including, but not limited
3419+5 to, wrongful death, bodily injuries, or tangible property
3420+6 damages, caused by a release attributable to the sequestration
3421+7 activity, including, but not limited to, damage caused by
3422+8 carbon dioxide or other fluids released from the sequestration
3423+9 facility, regardless of who holds title to the carbon dioxide,
3424+10 the pore space, or the surface estate.
3425+11 Liability for damage caused by a release attributable to
3426+12 the sequestration activity that is within a sequestration
3427+13 facility or otherwise within a sequestration operator's
3428+14 control, including carbon dioxide being transferred from a
3429+15 pipeline to the injection well, may be joint and several with a
3430+16 third party adjudicated to have caused or contributed to such
3431+17 damage.
3432+18 A claim of subsurface trespass shall not be actionable
3433+19 against an owner of operator of a sequestration facility
3434+20 conducting carbon sequestration activity in accordance with a
3435+21 valid Class VI permit and a permit issued by the Agency for a
3436+22 sequestration facility, unless the claimant proves that
3437+23 injection or migration of carbon dioxide:
3438+24 (1) substantially interferes with the claimant's
3439+25 reasonable use and enjoyment of their real property; or
3440+26 (2) has caused wrongful death or direct physical
3441+
3442+
3443+
3444+
3445+
3446+ SB1289 Enrolled - 97 - LRB103 05989 BMS 51011 b
3447+
3448+
3449+SB1289 Enrolled- 98 -LRB103 05989 BMS 51011 b SB1289 Enrolled - 98 - LRB103 05989 BMS 51011 b
3450+ SB1289 Enrolled - 98 - LRB103 05989 BMS 51011 b
3451+1 injury to a person, an animal, or tangible property.
3452+2 The State shall not be liable for any damage caused by or
3453+3 attributable to the sequestration activity.
3454+4 (b) The owner or operator of a sequestration activity
3455+5 permitted in accordance with this Act is liable for any and all
3456+6 damage that may result from equipment associated with carbon
3457+7 sequestration, including, but not limited to, operation of the
3458+8 equipment. Liability for harms or damage resulting from
3459+9 equipment associated with carbon sequestration, including
3460+10 equipment used to transfer carbon dioxide from the pipeline to
3461+11 the injection well, may be joint and several with a third party
3462+12 adjudicated to have caused or contributed to such damage.
3463+13 (c) Title to carbon dioxide sequestered in this State
3464+14 shall be vested in the operator of the sequestration facility.
3465+15 Sequestered carbon dioxide is a separate property independent
3466+16 of the sequestration pore space.
3467+17 (415 ILCS 5/59.13 new)
3468+18 Sec. 59.13. Carbon Sequestration Long-Term Trust Fund. The
3469+19 Carbon Dioxide Sequestration Long-Term Trust Fund is hereby
3470+20 created as a State trust fund in the State treasury. The Fund
3471+21 may receive deposits of moneys made available from any source.
3472+22 All moneys in the Fund are to be invested and reinvested by the
3473+23 State Treasurer. All interest accruing from these investments
3474+24 shall be deposited into the Fund to be used under the
3475+25 provisions of this Section. Moneys in the Fund may be used by
3476+
3477+
3478+
3479+
3480+
3481+ SB1289 Enrolled - 98 - LRB103 05989 BMS 51011 b
3482+
3483+
3484+SB1289 Enrolled- 99 -LRB103 05989 BMS 51011 b SB1289 Enrolled - 99 - LRB103 05989 BMS 51011 b
3485+ SB1289 Enrolled - 99 - LRB103 05989 BMS 51011 b
3486+1 the Agency to cover costs incurred to:
3487+2 (1) take any remedial or corrective action necessary
3488+3 to protect human health and the environment from releases,
3489+4 or threatened releases, from a sequestration facility;
3490+5 (2) monitor, inspect, or take other action if the
3491+6 sequestration operator abandons a sequestration facility
3492+7 or injection site, or fails to maintain its obligations
3493+8 under this Act;
3494+9 (3) compensate any person suffering any damages or
3495+10 losses to a person or property caused by a release from a
3496+11 sequestration facility or carbon dioxide pipeline who is
3497+12 not otherwise compensated from the sequestration operator;
3498+13 or
3499+14 (4) any other applicable costs under the Act.
3500+15 Nothing in this Section relieves a sequestration operator
3501+16 from its obligations under this Act, from its liability under
3502+17 Section 59.12, or its obligations to maintain insurance and
3503+18 financial assurances under Sections 59.10 and 59.11.
3504+19 (415 ILCS 5/59.14 new)
3505+20 Sec. 59.14. Water Resources Fund. The Water Resources Fund
3506+21 is hereby created as a special fund in the State treasury to be
3507+22 administered by the Department of Natural Resources. The Fund
3508+23 shall be used by the Department of Natural Resources for
3509+24 administrative costs under obligations under the Water Use Act
3510+25 of 1983, the Environmental Protection Act, or related
3511+
3512+
3513+
3514+
3515+
3516+ SB1289 Enrolled - 99 - LRB103 05989 BMS 51011 b
3517+
3518+
3519+SB1289 Enrolled- 100 -LRB103 05989 BMS 51011 b SB1289 Enrolled - 100 - LRB103 05989 BMS 51011 b
3520+ SB1289 Enrolled - 100 - LRB103 05989 BMS 51011 b
3521+1 statutes, including, but not limited to, reviewing water use
3522+2 plans and providing technical assistance to entities for water
3523+3 resource planning.
3524+4 (415 ILCS 5/59.15 new)
3525+5 Sec. 59.15. Environmental Justice Grant Fund. The
3526+6 Environmental Justice Grant Fund is hereby created as a
3527+7 special fund in the State treasury to be administered by the
3528+8 Agency. The Fund shall be used by the Agency to make grants to
3529+9 eligible entities, including, but not limited to, units of
3530+10 local government, community-based nonprofits, and eligible
3531+11 organizations representing areas of environmental justice
3532+12 concern, to fund environmental projects benefiting areas of
3533+13 the State that are disproportionately burdened by
3534+14 environmental harms. Eligible projects include, but are not
3535+15 limited to, water infrastructure improvements, energy
3536+16 efficiency projects, and transportation decarbonization
3537+17 projects.
3538+18 (415 ILCS 5/59.16 new)
3539+19 Sec. 59.16. Carbon Dioxide Sequestration Administrative
3540+20 Fund. The Carbon Dioxide Sequestration Administrative Fund is
3541+21 hereby created as a special fund within the State treasury to
3542+22 be administered by the Agency. Moneys in the fund may be used:
3543+23 (1) for Agency administrative costs incurred for the
3544+24 regulation and oversight of sequestration facilities
3545+
3546+
3547+
3548+
3549+
3550+ SB1289 Enrolled - 100 - LRB103 05989 BMS 51011 b
3551+
3552+
3553+SB1289 Enrolled- 101 -LRB103 05989 BMS 51011 b SB1289 Enrolled - 101 - LRB103 05989 BMS 51011 b
3554+ SB1289 Enrolled - 101 - LRB103 05989 BMS 51011 b
3555+1 during their construction, operation, and post-injection
3556+2 phases; and
3557+3 (2) to transfer moneys to funds outlined in Sections
3558+4 59.13, 59.14, and 59.15 for the purpose of implementing
3559+5 and enforcing the Act.
3560+6 The Fund may receive deposits of moneys made available
3561+7 from any source, including, but not limited to, fees, fines,
3562+8 and penalties collected under this Act, investment income, and
3563+9 moneys deposited or transferred into the Fund.
3564+10 (415 ILCS 5/59.17 new)
3565+11 Sec. 59.17. Sequestration annual tonnage fee.
3566+12 (a) Beginning July 1, 2025, and each July 1 thereafter,
3567+13 each sequestration operator shall report to the Agency the
3568+14 tons of carbon dioxide injected in the prior 12 months.
3569+15 (b) If the sequestration operator does not possess a
3570+16 project labor agreement, the sequestration operator shall be
3571+17 assessed a per-ton sequestration fee of $0.62.
3572+18 (c) If the sequestration operator does possess a project
3573+19 labor agreement, the sequestration operator shall be assessed
3574+20 a per-ton sequestration fee of $0.31.
3575+21 (d) The fee assessed to the sequestration operator under
3576+22 subsection (b) shall be reduced to $0.31 for every ton of
3577+23 carbon dioxide injected into a sequestration facility in that
3578+24 fiscal year if the sequestration operator successfully
3579+25 demonstrates to the Department that the following types of
3580+
3581+
3582+
3583+
3584+
3585+ SB1289 Enrolled - 101 - LRB103 05989 BMS 51011 b
3586+
3587+
3588+SB1289 Enrolled- 102 -LRB103 05989 BMS 51011 b SB1289 Enrolled - 102 - LRB103 05989 BMS 51011 b
3589+ SB1289 Enrolled - 102 - LRB103 05989 BMS 51011 b
3590+1 construction and maintenance were conducted in the State
3591+2 during that fiscal year by the sequestration operator and were
3592+3 performed by contractors and subcontractors signatory to a
3593+4 project labor agreement used by the building and construction
3594+5 trades council with relevant geographic jurisdiction:
3595+6 (1) construction and maintenance of equipment
3596+7 associated with the capture of carbon dioxide, including,
3597+8 but not limited to, all clearing, site preparation,
3598+9 concrete, equipment, and appurtenance installation;
3599+10 (2) construction and maintenance of carbon dioxide
3600+11 pipelines used to transport carbon dioxide streams to the
3601+12 sequestration facility, including, but not limited to, all
3602+13 clearing, site preparation, and site remediation. For
3603+14 purposes of this paragraph (2), a national multi-craft
3604+15 project labor agreement governing pipeline construction
3605+16 and maintenance used in the performance of the work
3606+17 described in this subsection shall satisfy the project
3607+18 labor agreement requirement;
3608+19 (3) construction and maintenance of compressor
3609+20 stations used to assist in the transport of carbon dioxide
3610+21 streams via carbon dioxide pipeline, including, but not
3611+22 limited to, all clearing, site preparation, concrete,
3612+23 equipment, and appurtenance installation; and
3613+24 (4) construction of carbon dioxide injection wells
3614+25 used at the sequestration facility, including, but not
3615+26 limited to, all clearing, site preparation, drilling,
3616+
3617+
3618+
3619+
3620+
3621+ SB1289 Enrolled - 102 - LRB103 05989 BMS 51011 b
3622+
3623+
3624+SB1289 Enrolled- 103 -LRB103 05989 BMS 51011 b SB1289 Enrolled - 103 - LRB103 05989 BMS 51011 b
3625+ SB1289 Enrolled - 103 - LRB103 05989 BMS 51011 b
3626+1 distribution piping, concrete, equipment, and appurtenance
3627+2 installation.
3628+3 (e) Sequestration fees shall be deposited into the Carbon
3629+4 Dioxide Sequestration Administrative Fund.
3630+5 (f) The per-ton fee for carbon dioxide injected shall be
3631+6 increased by an amount equal to the percentage increase, if
3632+7 any, in the Consumer Price Index for All Urban Consumers for
3633+8 all items published by the United States Department of Labor
3634+9 for the 12 months ending in March of the year in which the
3635+10 increase takes place. The rate shall be rounded to the nearest
3636+11 one-hundredth of one cent.
3637+12 (g) For the fiscal year beginning July 1, 2025, and each
3638+13 fiscal year thereafter, at the direction of the Agency, in
3639+14 consultation with the Illinois Emergency Management Agency and
3640+15 Office of Homeland Security, and the Department of Natural
3641+16 Resources, the State Comptroller shall direct and the State
3642+17 Treasurer shall transfer from the Carbon Dioxide Sequestration
3643+18 Administrative Fund the following percentages of the amounts
3644+19 collected under this Act by the Agency during the previous
3645+20 fiscal year:
3646+21 (1) 2% to the Water Resources Fund;
3647+22 (2) 6% to the Oil and Gas Resource Management Fund;
3648+23 (3) 20% to the Emergency Planning and Training Fund;
3649+24 (4) 28% to the Carbon Dioxide Sequestration Long-Term
3650+25 Trust Fund;
3651+26 (5) 10% to the General Revenue Fund; and
3652+
3653+
3654+
3655+
3656+
3657+ SB1289 Enrolled - 103 - LRB103 05989 BMS 51011 b
3658+
3659+
3660+SB1289 Enrolled- 104 -LRB103 05989 BMS 51011 b SB1289 Enrolled - 104 - LRB103 05989 BMS 51011 b
3661+ SB1289 Enrolled - 104 - LRB103 05989 BMS 51011 b
3662+1 (6) 24% to the Environmental Justice Grant Fund.
3663+2 Section 97. Severability. The provisions of this Act are
3664+3 severable under Section 1.31 of the Statute on Statutes.
3665+
3666+
3667+
3668+
3669+
3670+ SB1289 Enrolled - 104 - LRB103 05989 BMS 51011 b