Bill Text: IL HB1190 | 2023-2024 | 103rd General Assembly | Enrolled

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Amends the Illinois Underground Natural Gas Storage Safety Act. Provides that the owner or operator of an underground natural gas storage facility shall create procedures for a suspected natural gas leak or suspected unintentional release from an underground natural gas storage facility that is identified by either the Department of Natural Resources or the operator or owner. Requires collecting and testing to be performed by an independent contractor at the expense of the owner or operator. Allows the owner or operator to acknowledge that the leak or unintentional release is from the underground natural gas storage facility and treat it as a verified facility release in substitution of performing collection and testing. Requires the owner or operator to have procedures to be used if the gas is identified or conceded to be a verified facility release. Requires the owner or operator to perform sampling at a frequency as determined by the owner or operator for natural gas in private drinking water wells in the areas determined by the owner or operator impacted by the leak or unintentional release. Requires the owner or operator to maintain routine monitoring of the areas impacted by the leak or unintentional release as determined by the owner's or operator's procedures. Provides that if natural gas is detected at levels posing health or hazard issues, the owner or operator shall offer and maintain gas water separators in affected areas impacting the water supply. Provides that with the property owner's or occupant's consent, the owner or operator shall provide, install, and maintain natural gas detection devices determined to be appropriate by the owner or operator in the affected areas to monitor the presence of natural gas. Requires the owner or operator to maintain routine monitoring of the areas impacted by the leak or unintentional release by method and frequency and create a schedule to be shared with the Department of Natural Resources, the Environmental Protection Agency, and the Department of Public Health. Defines "verified facility release".

Spectrum: Moderate Partisan Bill (Democrat 6-1)

Status: (Passed) 2023-06-30 - Public Act . . . . . . . . . 103-0120 [HB1190 Detail]

Download: Illinois-2023-HB1190-Enrolled.html

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AN ACT concerning safety.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Illinois Underground Natural Gas Storage
Safety Act is amended by changing Section 5 and by adding
Section 27 as follows:
(415 ILCS 160/5)
Sec. 5. Definitions. As used in this Act, unless the
context otherwise requires:
"Commission" means the Illinois Commerce Commission.
"Contaminant" means gas, salt water, or any other
deleterious substance released from an underground natural gas
storage facility.
"Department" means the Department of Natural Resources.
"Director" means the Director of Natural Resources.
"Downhole" means the portion of the underground natural
gas storage facility from the first flange attaching the
wellhead to the pipeline equipment and continuing down the
well casing to and including the storage reservoir.
"Federal Act" has the meaning given to that term in the
Illinois Gas Pipeline Safety Act.
"Gas" means natural gas.
"Notice of probable violation" means a written notice,

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satisfying the criteria set forth in Section 35, given by the
underground natural gas storage safety manager to a person who
operates an underground natural gas storage facility that
identifies a failure of such person to comply with the
provisions of this Act or the provisions of 49 U.S.C. Chapter
601 concerning underground natural gas storage facilities, or
any Department order or rule issued under this Act, and may
include recommendations for a penalty in connection therewith,
subject to the terms of this Act.
"Person" means an individual, firm, joint venture,
partnership, corporation, company, limited liability company,
firm, association, municipality, cooperative association, or
joint stock association. "Person" includes a trustee,
receiver, assignee, or personal representative thereof.
"Underground natural gas storage facility" means a gas
pipeline facility that stores natural gas in an underground
facility, including a depleted hydrocarbon reservoir, an
aquifer reservoir, and a solution-mined salt cavern reservoir.
"Underground natural gas storage safety manager" means the
manager of the Department's Underground Natural Gas Storage
Safety Program or other staff of the Department assigned to
underground natural gas storage safety issues.
"Verified facility release" means a suspected or known
natural gas or contaminant release that: (i) is regulated by
the Department; (ii) originates from a natural gas storage
facility; and (iii) is confirmed by chemical analysis to have

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occurred or be occurring within the perimeter of the
underground natural gas storage facility or within one-quarter
mile of that perimeter.
(Source: P.A. 100-1172, eff. 1-4-19.)
(415 ILCS 160/27 new)
Sec. 27. Verified facility release. The owner or operator
of an underground natural gas storage facility shall create
procedures for a suspected natural gas leak or suspected
unintentional release from an underground natural gas storage
facility that is identified by either the Department or the
owner or operator. The procedures shall contain guidance to
direct the owner or operator to, if possible, collect the gas
from the suspected leak or suspected unintentional release for
purposes of testing and verifying the source of the gas.
Collecting and testing shall be performed by an
independent contractor at the expense of the owner or
operator. Testing of the gas shall be performed using either
gas chromatography or isotopic analysis to determine if the
gas composition has markers of thermogenic origins that are
indicative of pipeline gas. If the quantities released are
insufficient to perform a test or if quantities are
insufficient to confirm a leak exists, the owner or operator
shall notify the Department, and no further action related to
the collection and testing of the gas is required by the owner
or operator. Previous failed attempts to collect and test the

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gas at the same site shall not remove the owner's or operator's
responsibility to collect the gas and verify the source of the
gas if a sufficient amount of gas for collection and testing is
available later.
The owner or operator may acknowledge that the leak or
unintentional release is from the underground natural gas
storage facility and treat it as a verified facility release
in lieu of performing collection and testing.
The owner or operator must have procedures to be used if
the gas is identified or conceded to be a verified facility
release. The procedures shall provide guidance on when
atmospheric conditions within a dwelling resulting from a
verified leak pose health or hazard issues. The owner or
operator shall offer, at the owner's or operator's expense,
reasonable lodging and accommodation as determined by the
owner or operator to those living in the domicile for the
duration of the health or hazard issue.
The owner or operator shall perform sampling at a
frequency as determined by the owner or operator for natural
gas in private drinking water wells in the areas determined by
the owner or operator impacted by the leak or unintentional
release. The owner or operator shall maintain routine
monitoring of the areas impacted by the leak or unintentional
release as determined by the owner's or operator's procedures.
If natural gas is detected at levels posing health or
hazard issues as determined by the Department of Public

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Health, the owner or operator shall offer and maintain gas
water separators, at the owner's or operator's expense, in
affected areas impacting the water supply, including
domiciles. Where gas water separators are provided, the gas
water separators shall be approved and installed in accordance
with the Illinois Plumbing License Law, and any rules adopted
thereunder, and shall be accompanied by an approved
disinfection system or other associated water treatment device
necessary to provide potable water to the affected area.
With the property owner's or occupant's consent, the owner
or operator of an underground natural gas storage facility
shall provide, install, and maintain natural gas detection
devices, at the owner's or operator's expense, determined to
be appropriate by the owner or operator in the affected areas,
including domiciles, to monitor the presence of natural gas.
The owner or operator shall maintain and calibrate the devices
according to the recommendations, if any, set by the
manufacturers of the device. The owner or operator shall
provide the device manufacturer's specifications to the
property owner or occupant for the specific gas detector,
including the installed functions and the alarm levels set on
the installed device. The alarm shall be set no higher than 25%
of the lower explosive level for methane. If the property
owner or occupant denies consent, the owner or operator of the
underground natural gas storage facility shall notify the
Department, and no further action related to the installation

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of devices is required by the owner or operator.
The owner or operator shall maintain routine monitoring of
the areas impacted by the leak or unintentional release by
method and frequency as determined by the owner or operator
and create a schedule to be shared with the Department of
Natural Resources, the Environmental Protection Agency, and
the Department of Public Health. If the Department of Natural
Resources, the Environmental Protection Agency, or the
Department of Public Health determines that the monitoring
schedule is insufficient, then the owner or operator shall
defer to the most rigorous recommended schedule. The owner or
operator shall undertake a comprehensive inspection to an
extent as determined by the owner or operator.
Monitoring of the area impacted shall be maintained for a
period after corrective action is completed. The
post-correction monitoring period shall end as prescribed in
the owner's or operator's procedures or otherwise required by
the Department.