Bill Text: IL HB5814 | 2023-2024 | 103rd General Assembly | Introduced

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Bill Title: Creates the Carbon Dioxide Transport and Storage Protections Act. Defines terms. Provides that (i) title to pore space belongs to and is vested in the surface owner of the overlying surface estate, (ii) a conveyance of title to a surface estate conveys title to the pore space in all strata underlying the surface estate, and (iii) title to pore space may not be severed from title to the surface estate. Notwithstanding any other provision of law, prohibits the amalgamation of pore space under the Eminent Domain Act. Contains requirements for valid amalgamation. Requires the Illinois Emergency Management Agency and Office of Homeland Security to determine a fee for carbon sequestration by rule. Creates the Carbon Transportation and Sequestration Readiness Fund and makes a conforming change in the State Finance Act. Requires the Illinois Emergency Management Agency and Office of Homeland Security and the Department of Public Health to conduct training with specified requirements. Contains other provisions. Amends the Illinois Power Agency Act. Makes changes to the definition of "sequester". Removes language requiring specified facilities to be clean coal facilities. Makes other changes. Amends the Carbon Dioxide Transportation and Sequestration Act. Contains requirements for receiving a certificate of authority. Makes other changes. Amends the Environmental Protection Act. Requires any person seeking to sequester carbon dioxide in Illinois to first obtain a carbon sequestration permit from the Agency. Contains other provisions and makes other changes. Contains a severability provision. Effective immediately.

Spectrum: Partisan Bill (Democrat 5-0)

Status: (Introduced) 2024-05-13 - Added Co-Sponsor Rep. Anna Moeller [HB5814 Detail]

Download: Illinois-2023-HB5814-Introduced.html

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103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB5814 Introduced , by Rep. Ann M. Williams SYNOPSIS AS INTRODUCED:
See Index
Creates the Carbon Dioxide Transport and Storage Protections Act. Defines terms. Provides that (i) title to pore space belongs to and is vested in the surface owner of the overlying surface estate, (ii) a conveyance of title to a surface estate conveys title to the pore space in all strata underlying the surface estate, and (iii) title to pore space may not be severed from title to the surface estate. Notwithstanding any other provision of law, prohibits the amalgamation of pore space under the Eminent Domain Act. Contains requirements for valid amalgamation. Requires the Illinois Emergency Management Agency and Office of Homeland Security to determine a fee for carbon sequestration by rule. Creates the Carbon Transportation and Sequestration Readiness Fund and makes a conforming change in the State Finance Act. Requires the Illinois Emergency Management Agency and Office of Homeland Security and the Department of Public Health to conduct training with specified requirements. Contains other provisions. Amends the Illinois Power Agency Act. Makes changes to the definition of "sequester". Removes language requiring specified facilities to be clean coal facilities. Makes other changes. Amends the Carbon Dioxide Transportation and Sequestration Act. Contains requirements for receiving a certificate of authority. Makes other changes. Amends the Environmental Protection Act. Requires any person seeking to sequester carbon dioxide in Illinois to first obtain a carbon sequestration permit from the Agency. Contains other provisions and makes other changes. Contains a severability provision. Effective immediately.
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A BILL FOR
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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 1. Short title. This Act may be cited as the Carbon
Dioxide Transport and Storage Protections Act.
Section 5. Legislative findings and objectives. The
General Assembly finds that:
(1) State law currently lacks clarity concerning the
rights of landowners with regard to pore space in the
subsurface beneath their land, limiting landowners'
ability to fully enjoy and protect their property.
(2) The transport of carbon dioxide via pipelines
significantly affects landowners' rights to enjoy their
property. Carbon dioxide pipelines may impede access to
property and fields, harm crops and topsoil, and pose a
risk of grave harm if there is a release of carbon dioxide.
(3) The storage of carbon dioxide in subsurface pore
space may have profound impacts upon the surface estate.
Subsurface carbon dioxide storage may require easements
for pipelines, injection wells, monitoring equipment, and
other infrastructure, and may harm crops and topsoil and
risk grave harm to landowners, surrounding ecosystems, and
water supplies if carbon dioxide is released.

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(4) To protect landowners, surface ecosystems,
groundwater, and nearby residents, it is essential that
the State clarify the ownership, liability, and other
property rights associated with carbon dioxide
transportation and storage before additional carbon
transport and storage takes place in the State, as well as
provide units of local government and residents with
training and resources so they can be prepared if there is
a carbon dioxide release.
Section 10. Definitions. As used in this Act:
"Agency" means the Illinois Environmental Protection
Agency.
"Amalgamation" means the combining or uniting of property
rights in adjacent subsurface pore space for the permanent
storage of carbon dioxide.
"Area of review" has the meaning given to that term in
Section 3.121 of the Environmental Protection Act.
"Carbon dioxide injection well" means a well that is used
to inject carbon dioxide into a reservoir for permanent
geologic sequestration.
"Carbon dioxide pipeline" or "pipeline" means the in-State
portion of a pipeline, including appurtenant facilities,
property rights, and easements, that are used to transport
carbon dioxide.
"Carbon dioxide sequestration reservoir" means a portion

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of a sedimentary geologic stratum or formation containing pore
space, including, but not limited to, depleted reservoirs and
saline formations, that the United States Environmental
Protection Agency has determined is suitable for the injection
and permanent storage of carbon dioxide.
"Carbon dioxide stream" means carbon dioxide, any
incidental associated substances derived from the source
materials and process of producing or capturing carbon
dioxide, and any substance added to the stream to enable or
improve the injection process or the detection of a leak or
rupture.
"Department" means the Department of Public Health.
"Fund" means the Carbon Transportation and Sequestration
Readiness Fund.
"Person" has the meaning given to that term in Section
3.315 of the Environmental Protection Act.
"Pipeline operator" means a person who owns, leases,
operates, controls, or supervises a pipeline that transports
carbon dioxide.
"Pore space" or "porosity" means the portion of geologic
media that contains gas or fluid, including, but not limited
to, oil or water, and that can be used to store carbon dioxide.
"Pore space" also includes solution-mined cavities.
"Pore space owner" means the person who has title to a pore
space.
"Qualified Third Party" means a person or entity

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determined by the Department to have the capacity and
experience to carry out relevant duties. "Qualified Third
Party" does not include any person or entity that has
received, or is receiving, funding from any source to
research, engage or assist in the capture, transport, or
sequestration of carbon dioxide.
"Sequester" has the meaning given to that term in Section
1-10 of the Illinois Power Agency Act.
"Sequestration" means to sequester or be sequestered.
"Sequestration facility" means the carbon dioxide
sequestration reservoir, underground equipment, including, but
not limited to, well penetrations, and surface facilities and
equipment used or proposed to be used in a geologic storage
operation. "Sequestration facility" includes an injection well
and equipment used to connect the surface facility and
equipment to the carbon dioxide sequestration reservoir and
underground equipment. "Sequestration facility" does not
include pipelines used to transport carbon dioxide to a
sequestration facility.
"Sequestration operator" means a person who holds, is
applying for, or is required to obtain a carbon sequestration
permit under Section 22.64 of the Environmental Protection
Act.
"Sequestration pore space" means a pore space proposed,
authorized, or used for sequestering one or more carbon
dioxide streams in accordance with a permit or permit

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application under Section 22.64 of the Environmental
Protection Act.
"Surface owner" means a person identified in the records
of the recorder of deeds for each county containing some
portion of a proposed carbon dioxide sequestration reservoir
as an owner of a whole or undivided fee simple interest or
other freehold interest in real property in the surface above
the sequestration pore space. "Surface owner" does not include
an owner of a right-of-way, easement, leasehold, or any other
lesser estate.
"Transportation" or "transport" means the physical
movement of carbon dioxide by pipeline conducted for any
person's use or on any person's account.
Section 15. Ownership and conveyance of pore space.
(a) Title to pore space belongs to and is vested in the
surface owner of the surface estate.
(b) A conveyance of title to a surface estate conveys
title to the pore space in all strata underlying the surface
estate.
(c) Title to pore space may not be severed from title to
the surface estate. A grant of easement for use of pore space
is not a severance prohibited under this subsection.
(d) A grant of easement for use of pore space shall not
confer any right to enter upon or otherwise use the surface of
the land unless the grant of easement expressly provides that

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right.
(e) Any grant of easement for use of pore space shall be
recorded in the same manner as easements of real estate.
If the holder of an easement or lease of pore space
withdraws or is denied a permit for sequestration of carbon
dioxide under Section 22.64 of the Environmental Protection
Act, including, but not limited to, the disapproval of
financial assurance under subsection (e) of Section 22.64 of
the Environmental Protection Act, the owner of the surface
estate shall have the right to have the title or interest
returned for any amounts paid to the holder of the easement or
lease.
Section 20. No compulsory amalgamation. Notwithstanding
any other provision of law, a sequestration operator may not
exercise any authority to take or acquire any easement or
title to any pore space or any portion of an area of review
under the Eminent Domain Act for amalgamation. A sequestration
operator must obtain, for the entirety of the area of review
the person seeks to use for carbon sequestration, one of the
following:
(1) a written grant of easement to enter into and use a
surface owner's portion of the proposed area of review for
carbon sequestration;
(2) a written lease agreement allowing the person to
enter into and use a surface owner's portion of the

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proposed area of review for carbon sequestration; or
(3) title to that portion of the proposed area of
review and surface estate.
Section 25. Ownership of carbon dioxide; liability.
(a) A sequestration operator is liable for any and all
damage caused by carbon dioxide or other fluids, including,
but not limited to, brine, that are within the sequestration
operator's sequestration facility for injection or
sequestration or that are otherwise under the sequestration
operator's control, including, but not limited to, damage
caused by carbon dioxide or other fluids released from the
sequestration facility, regardless of who holds title to the
carbon dioxide, the pore space, or the surface estate.
Liability for damage caused by carbon dioxide that is within a
sequestration facility or otherwise within a sequestration
operator's control, including carbon dioxide being transferred
from a pipeline to the injection well, may be joint and several
with a third party adjudicated to have caused or contributed
to such damage. The State shall not be liable for any damage
caused by carbon dioxide or other fluids within a
sequestration facility. A pipeline operator is liable for any
and all damage caused by carbon dioxide during transportation,
including, but not limited to, damage caused by carbon dioxide
released from the pipeline. Liability for damage caused by
carbon dioxide during transportation may be joint and several

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with: (i) the entity that owns title to the carbon dioxide if
that entity is different from the operator; or (ii) the
sequestration operator if damage occurs at the point where
carbon dioxide changes control.
(b) A sequestration operator is liable for any and all
damage or harm that may result from equipment associated with
carbon sequestration, including, but not limited to, operation
of the equipment. Liability for harms or damage resulting from
equipment associated with carbon sequestration, including
equipment used to transfer carbon dioxide from the pipeline to
the injection well, may be joint and several with a third party
adjudicated to have willfully or recklessly caused or
contributed to such harms or damage.
(c) Title to carbon dioxide sequestered in this State
shall not be vested in the owner of the sequestration pore
space. Sequestered carbon dioxide is a separate property
independent of the sequestration pore space.
Section 30. Carbon transportation and sequestration
emergency response fee. In addition to any permit fees
required under the Environmental Protection Act, all
sequestration operators and pipeline operators who transport
or sequester carbon dioxide in this State must pay a fee each
year to the Illinois Emergency Management Agency and Office of
Homeland Security. The fee shall be deposited into the Carbon
Transportation and Sequestration Readiness Fund. The fee

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amount shall be determined by the Illinois Emergency
Management Agency and Office of Homeland Security through
rulemaking as a set amount (i) per mile of approved pipeline
for each carbon dioxide pipeline and, for each approved carbon
sequestration project, (ii) per square mile of area of review
and (iii) per ton of carbon dioxide sequestered, and shall be
based, among other information the Illinois Emergency
Management Agency and Office of Homeland Security deems
relevant, on the Carbon Dioxide Pipeline Setback Study
required by Section 45. The fee shall be adjusted annually for
inflation and other relevant factors and shall be in an amount
determined by the Illinois Emergency Management Agency and
Office of Homeland Security as being more than adequate to
fund emergency preparedness and response costs for units of
local government through which a carbon dioxide pipeline
passes or in which carbon sequestration takes place.
Section 35. Carbon Transportation and Sequestration
Readiness Fund.
(a) The Carbon Transportation and Sequestration Readiness
Fund is established as a special fund in the State treasury.
(b) The Fund shall consist of all moneys from fees
collected under Section 30, all interest earned on moneys in
the Fund, and any additional moneys allocated or appropriated
to the Fund by the General Assembly.
(c) Moneys in the Fund shall be used only to:

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(1) cover administrative costs of the Illinois
Emergency Management Agency and Office of Homeland
Security for administration of grants awarded under this
Section and costs to the Illinois Emergency Management
Agency and Office of Homeland Security and Department for
preparing the training materials and offering the training
sessions required under Section 40;
(2) provide funding to units of local government
through which a carbon dioxide pipeline has been proposed
or approved or in which carbon sequestration has been
proposed or is taking place to enhance emergency
preparedness and response capabilities if a carbon dioxide
release occurs; allowable expenditures of moneys provided
under this paragraph are:
(A) preparing emergency response plans for carbon
dioxide release;
(B) purchasing electric emergency response
vehicles;
(C) developing or maintaining a text message or
other emergency communication alert system;
(D) purchasing or maintaining devices that assist
in the detection of a carbon dioxide release;
(E) purchasing or maintaining equipment for first
responders, local residents, and medical facilities
that assist in the preparation for, detection of, or
response to the release of carbon dioxide or other

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toxic or hazardous materials; and
(F) developing, purchasing, or maintaining
training and training materials for first responders,
local residents, businesses, and other local entities
to prepare for and respond to the release of carbon
dioxide or other toxic or hazardous materials;
(3) fund research to better understand the scope of
potential carbon dioxide releases and methods to limit the
likelihood of a carbon dioxide release from a pipeline or
sequestration facility, including, but not limited to,
computer modeling to simulate carbon dioxide leaks from
pipelines of varying diameters and lengths.
All research funded under paragraph (3) must be included
in a report published by the Illinois Emergency Management
Agency and Office of Homeland Security on its website, which
shall contain recommendations for safety measures to protect
communities from carbon dioxide releases, such as hazard
zones, setbacks, additional monitoring, or other measures.
(d) The Fund shall be administered by the Illinois
Emergency Management Agency and Office of Homeland Security.
The Illinois Emergency Management Agency and Office of
Homeland Security shall issue annual requests for proposals to
receive Fund moneys and shall award grants to qualified
applicants who meet the criteria under subsection (c) and any
other criteria the Illinois Emergency Management Agency and
Office of Homeland Security deems necessary for the Fund to

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serve its intended purpose. The Illinois Emergency Management
Agency and Office of Homeland Security shall not limit the
number of proposals an applicant may submit under this
subsection.
(e) The Fund is not subject to subsection (c) of Section 5
of the State Finance Act.
Section 40. Training for carbon dioxide emergencies.
(a) Within one year after the effective date of this Act,
the Illinois Emergency Management Agency and Office of
Homeland Security and the Department shall jointly prepare
training materials for local emergency responders and medical
personnel regarding what to do if carbon dioxide is released
from a pipeline or a sequestration facility, including, but
not limited to:
(1) how to identify a carbon dioxide release;
(2) communications protocols to quickly share
information about a carbon dioxide release;
(3) protocols for locating residents and others in the
affected area and, when necessary, transporting residents
and others in the affected area out of the area to health
care facilities; and
(4) symptoms of and treatment for exposure to a carbon
dioxide release.
(b) Each year, the Department and the Illinois Emergency
Management Agency and Office of Homeland Security shall offer

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at least 3 training sessions on emergency response protocols
during carbon dioxide releases for emergency responders and
medical personnel in any county in which carbon dioxide is
proposed to be, or is, transported or sequestered. Unless a
health emergency necessitates virtual training only, the
training sessions shall be in-person with the option to join
remotely and shall be recorded. The recordings shall be
maintained on the Illinois Emergency Management Agency and
Office of Homeland Security's and Department's publicly
available websites.
(c) Within one year after the effective date of this Act,
the Illinois Emergency Management Agency and Office of
Homeland Security and the Department shall jointly prepare
training materials for residents, businesses, and other
persons and entities located within 2 miles of a carbon
dioxide pipeline or above the area of review regarding a
carbon dioxide release. The training materials shall include,
but are not limited to:
(1) how to identify a carbon dioxide release;
(2) what to do in the event of a carbon dioxide
release;
(3) symptoms of exposure to a carbon dioxide release;
and
(4) recommendations for items residents and other
entities may want to purchase or request, including, but
not limited to, carbon dioxide monitors and air supply

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respirators.
(d) Each year, the Illinois Emergency Management Agency
and Office of Homeland Security and the Department, in
cooperation with local emergency response personnel, shall
offer at least 2 public training sessions for residents and
local businesses in every county in which carbon dioxide is
proposed to be, or is, transported or sequestered. Unless a
health emergency necessitates virtual training only, the
training sessions shall be in-person with the option to join
remotely and shall be recorded. The recordings shall be
maintained on the Illinois Emergency Management Agency and
Office of Homeland Security's and Department's publicly
available websites.
(e) Every 5 years, the Illinois Emergency Management
Agency and Office of Homeland Security and the Department
shall review and, if appropriate, revise the training
materials developed under this Section to incorporate new best
practices, technologies, developments, or information that (i)
improves emergency response and treatment for carbon dioxide
releases and (ii) may assist local residents and businesses to
be better prepared in the event of a carbon dioxide release.
Section 45. Carbon Dioxide Pipeline Setback Study.
(a) The General Assembly finds and determines that:
(1) Carbon dioxide is an asphyxiant. A carbon dioxide
leak or rupture from a carbon dioxide pipeline poses a

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risk of grave harm to human health, animals, and the
environment. No standards exist to minimize harm to humans
and animals in the event of a carbon dioxide pipeline leak
or rupture.
(2) Further information and analysis is necessary to
determine how far carbon dioxide pipelines must be
separated from populated and sensitive areas to minimize
potential harm to human health, animals, and the
environment.
(b) Within 3 months of the effective date of this Act of
the 103rd General Assembly, the State shall commission a study
evaluating how far carbon dioxide pipelines must be separated
from residences, hospitals, schools, nursing homes, places of
worship, jails, prisons, businesses, industry, other locations
where people congregate, and livestock, in order to ensure
that (i) a release of carbon dioxide will not intoxicate,
asphyxiate, or otherwise harm humans, livestock, or other
animals; and (ii) adequate time will be available for the safe
and successful evacuation or rescue of people and animals in
the event of a pipeline rupture or leak. The study shall:
(1) be conducted by the Department, in collaboration
with the Agency and the Illinois Emergency Management
Agency and Office of Homeland Security; the Department
may, at its discretion, contract with a Qualified Third
Party to conduct the study in its stead in accordance with
this Section;

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(2) Incorporate input from first responders, including
both voluntary and paid professionals; law enforcement
officials; medical and veterinary professionals;
transportation experts; carbon dioxide pipeline engineers;
meteorologists; geologists; persons trained in
computational fluid dynamic modeling and other modeling of
carbon dioxide plumes; County Emergency Management
Agencies; township officials; county boards; village
boards; city councils; and the general public;
(3) Evaluate the effects on humans and livestock of
exposure to carbon dioxide resulting from carbon dioxide
pipeline ruptures or leaks in a variety of urban,
suburban, and rural settings that exist throughout the
State, taking into account:
(i) a variety of pipeline diameters, including but
not limited to pipelines with diameters of 4 inches,
10 inches, 16 inches, 22 inches, 28 inches, 34 inches,
and 40 inches;
(ii) the placement of crack arrestors and shutoff
valves in accordance with the most recent guidelines
issued by the federal Pipeline and Hazardous Materials
Safety Administration;
(iii) the operating pressures and flow rates of
pipelines transporting carbon dioxide as (A) a liquid
and (B) in supercritical state;
(iv) the movement of carbon dioxide in a variety

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of topographies, built environments, and weather
conditions including but not limited to variations in
temperature, atmospheric pressure, precipitation, and
wind speed and direction; and
(v) studies and findings of the federal
Occupational Safety and Health Administration, the
United States Environmental Protection Agency, the
National Institute of Occupational Safety and Health,
and the Health and Safety Executive of the United
Kingdom concerning the health effects of exposure to
carbon dioxide at different concentrations and for
different durations, including but not limited to
those set out in Table B-1 of Appendix B of the United
States Environmental Protection Agency's report titled
"Carbon Dioxide as a Fire Suppressant: Examining the
Risks," EPA430-R-00-002, dated February 2000; the
Immediately Dangerous to Life or Health Value for
carbon dioxide exposure established by the National
Institute for Occupational Safety and Health; and the
paper titled "Assessment of the Major Hazard Potential
of Carbon Dioxide (CO2)" from the Health and Safety
Executive of the United Kingdom; and
(4) be completed within 21 months of the effective
date of this Act.
(c) Within 3 months of completion of the study, the
Department or Qualified Third Party shall issue a final report

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containing the following:
(1) A summary of the study;
(2) Recommended setbacks for each setting and criteria
identified in subsection (b)(3), accounting for:
(i) varying concentrations of carbon dioxide,
duration of exposure, acute health effects, and time
consequences of exposure to carbon dioxide;
(ii) the time necessary to evacuate or be rescued
before oxygen deprivation or toxicity leads to serious
health effects, including but not limited to
convulsions, unconsciousness, coma, and/or death;
(iii) health impacts on, and challenges to
evacuation or rescue for, vulnerable populations,
including but not limited to:
(A)Pregnant women and people with respiratory
illness or insufficiency;
(B) The elderly, young children, and persons
with decreased mobility; and
(C) persons who depend primarily on public
transportation;
(iv) the availability of electric vehicles and
other transport options that do not use combustion
engines;
(v) the potential effects of inclement weather on
evacuation and rescue;
(vi) the availability of alternate escape routes;

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and
(vii) the presence of carbon dioxide on highways
or railways; potential impacts on passengers on
highways or railways; and measures available to limit
passengers' exposure to carbon dioxide present on
highways or railways;
(3) Recommendations for initial funding amounts
sufficient to provide first responders, medical
professionals, and local governments the equipment,
training, staffing, and other items necessary to carry out
safe and timely evacuations and rescues in the event of a
pipeline leak or rupture, including but not limited to the
equipment required to prevent and treat hypothermia,
asphyxia, and toxicity; the funding amounts shall be
specified as follows:
(i) Different recommended funding amounts shall be
provided for pipelines that pass through High
Consequence Areas as defined by the federal Pipeline
and Hazardous Materials Safety Administration, and
carbon dioxide pipelines that do not pass through such
areas;
(ii) Different recommended funding amounts may be
provided for varying circumstances, including, but not
limited to, areas with few emergency responders;
(4) Recommendations for fees to be required of
pipeline operators to ensure availability of the

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necessary funding amounts, and
(5) Recommendations for a method to update the
total funding amount and fees to account for changing
costs, inflation, and other relevant factors.
(d) The Department shall determine the costs of conducting
the study and preparing the report required by this Section
and each permittee authorized to capture, transport, or
sequester carbon dioxide in the State shall be required to pay
a supplemental fee, determined by the Department, to cover
those costs.
Section 50. Carbon Dioxide Capture, Transport, and
Sequestration Report.
(a) Every 5 years, the Agency shall draft and present to
the General Assembly a report on carbon dioxide capture,
transport and sequestration in the State. The report shall
include, but is not limited to:
(i) the locations where carbon dioxide capture,
transport, or sequestration is occurring or proposed to
occur in the State;
(ii) the volume of carbon dioxide captured,
transported, and sequestered in the State;
(iii) total greenhouse gas emissions associated with
the capture, transport, and sequestration of carbon
dioxide in the State;
(iv) the capture rate of carbon dioxide achieved by

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carbon dioxide capture projects in the State;
(v) known leaks or ruptures of any carbon dioxide
pipelines in the State, together with any damage,
injuries, or deaths associated with any such leaks or
ruptures;
(vi) known instances of carbon dioxide plumes
migrating out of confining zones in the State, together
with any contamination or harms associated with any such
instances; and
(vii) recommendations for legislative changes to
improve health or safety impacts associated with the
capture, transport, and sequestration of carbon dioxide in
the State.
(b) The Agency shall determine the costs of preparing the
reports required by this Section and each permittee authorized
to capture, transport, or sequester carbon dioxide in the
State shall be required to pay an annual fee, determined by the
Agency, to cover those costs.
Section 55. The State Finance Act is amended by adding
Section 5.1015 as follows:
(30 ILCS 105/5.1015 new)
Sec. 5.1015. The Carbon Transport and Sequestration
Readiness Fund.

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Section 60. The Illinois Power Agency Act is amended by
changing Sections 1-10 and 1-80 as follows:
(20 ILCS 3855/1-10)
Sec. 1-10. Definitions.
"Agency" means the Illinois Power Agency.
"Agency loan agreement" means any agreement pursuant to
which the Illinois Finance Authority agrees to loan the
proceeds of revenue bonds issued with respect to a project to
the Agency upon terms providing for loan repayment
installments at least sufficient to pay when due all principal
of, interest and premium, if any, on those revenue bonds, and
providing for maintenance, insurance, and other matters in
respect of the project.
"Authority" means the Illinois Finance Authority.
"Brownfield site photovoltaic project" means photovoltaics
that are either:
(1) interconnected to an electric utility as defined
in this Section, a municipal utility as defined in this
Section, a public utility as defined in Section 3-105 of
the Public Utilities Act, or an electric cooperative as
defined in Section 3-119 of the Public Utilities Act and
located at a site that is regulated by any of the following
entities under the following programs:
(A) the United States Environmental Protection
Agency under the federal Comprehensive Environmental

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Response, Compensation, and Liability Act of 1980, as
amended;
(B) the United States Environmental Protection
Agency under the Corrective Action Program of the
federal Resource Conservation and Recovery Act, as
amended;
(C) the Illinois Environmental Protection Agency
under the Illinois Site Remediation Program; or
(D) the Illinois Environmental Protection Agency
under the Illinois Solid Waste Program; or
(2) located at the site of a coal mine that has
permanently ceased coal production, permanently halted any
re-mining operations, and is no longer accepting any coal
combustion residues; has both completed all clean-up and
remediation obligations under the federal Surface Mining
and Reclamation Act of 1977 and all applicable Illinois
rules and any other clean-up, remediation, or ongoing
monitoring to safeguard the health and well-being of the
people of the State of Illinois, as well as demonstrated
compliance with all applicable federal and State
environmental rules and regulations, including, but not
limited, to 35 Ill. Adm. Code Part 845 and any rules for
historic fill of coal combustion residuals, including any
rules finalized in Subdocket A of Illinois Pollution
Control Board docket R2020-019.
"Clean coal facility" means an electric generating

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facility that uses primarily coal as a feedstock and that
captures and sequesters carbon dioxide emissions at the
following levels: at least 50% of the total carbon dioxide
emissions that the facility would otherwise emit if, at the
time construction commences, the facility is scheduled to
commence operation before 2016, at least 70% of the total
carbon dioxide emissions that the facility would otherwise
emit if, at the time construction commences, the facility is
scheduled to commence operation during 2016 or 2017, and at
least 90% of the total carbon dioxide emissions that the
facility would otherwise emit if, at the time construction
commences, the facility is scheduled to commence operation
after 2017. The power block of the clean coal facility shall
not exceed allowable emission rates for sulfur dioxide,
nitrogen oxides, carbon monoxide, particulates and mercury for
a natural gas-fired combined-cycle facility the same size as
and in the same location as the clean coal facility at the time
the clean coal facility obtains an approved air permit. All
coal used by a clean coal facility shall have high volatile
bituminous rank and greater than 1.7 pounds of sulfur per
million Btu content, unless the clean coal facility does not
use gasification technology and was operating as a
conventional coal-fired electric generating facility on June
1, 2009 (the effective date of Public Act 95-1027).
"Clean coal SNG brownfield facility" means a facility that
(1) has commenced construction by July 1, 2015 on an urban

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brownfield site in a municipality with at least 1,000,000
residents; (2) uses a gasification process to produce
substitute natural gas; (3) uses coal as at least 50% of the
total feedstock over the term of any sourcing agreement with a
utility and the remainder of the feedstock may be either
petroleum coke or coal, with all such coal having a high
bituminous rank and greater than 1.7 pounds of sulfur per
million Btu content unless the facility reasonably determines
that it is necessary to use additional petroleum coke to
deliver additional consumer savings, in which case the
facility shall use coal for at least 35% of the total feedstock
over the term of any sourcing agreement; and (4) captures and
sequesters at least 85% of the total carbon dioxide emissions
that the facility would otherwise emit.
"Clean coal SNG facility" means a facility that uses a
gasification process to produce substitute natural gas, that
sequesters at least 90% of the total carbon dioxide emissions
that the facility would otherwise emit, that uses at least 90%
coal as a feedstock, with all such coal having a high
bituminous rank and greater than 1.7 pounds of sulfur per
million Btu content, and that has a valid and effective permit
to construct emission sources and air pollution control
equipment and approval with respect to the federal regulations
for Prevention of Significant Deterioration of Air Quality
(PSD) for the plant pursuant to the federal Clean Air Act;
provided, however, a clean coal SNG brownfield facility shall

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not be a clean coal SNG facility.
"Clean energy" means energy generation that is 90% or
greater free of carbon dioxide emissions.
"Commission" means the Illinois Commerce Commission.
"Community renewable generation project" means an electric
generating facility that:
(1) is powered by wind, solar thermal energy,
photovoltaic cells or panels, biodiesel, crops and
untreated and unadulterated organic waste biomass, and
hydropower that does not involve new construction of dams;
(2) is interconnected at the distribution system level
of an electric utility as defined in this Section, a
municipal utility as defined in this Section that owns or
operates electric distribution facilities, a public
utility as defined in Section 3-105 of the Public
Utilities Act, or an electric cooperative, as defined in
Section 3-119 of the Public Utilities Act;
(3) credits the value of electricity generated by the
facility to the subscribers of the facility; and
(4) is limited in nameplate capacity to less than or
equal to 5,000 kilowatts.
"Costs incurred in connection with the development and
construction of a facility" means:
(1) the cost of acquisition of all real property,
fixtures, and improvements in connection therewith and
equipment, personal property, and other property, rights,

HB5814 - 27 - LRB103 39997 BDA 71298 b
and easements acquired that are deemed necessary for the
operation and maintenance of the facility;
(2) financing costs with respect to bonds, notes, and
other evidences of indebtedness of the Agency;
(3) all origination, commitment, utilization,
facility, placement, underwriting, syndication, credit
enhancement, and rating agency fees;
(4) engineering, design, procurement, consulting,
legal, accounting, title insurance, survey, appraisal,
escrow, trustee, collateral agency, interest rate hedging,
interest rate swap, capitalized interest, contingency, as
required by lenders, and other financing costs, and other
expenses for professional services; and
(5) the costs of plans, specifications, site study and
investigation, installation, surveys, other Agency costs
and estimates of costs, and other expenses necessary or
incidental to determining the feasibility of any project,
together with such other expenses as may be necessary or
incidental to the financing, insuring, acquisition, and
construction of a specific project and starting up,
commissioning, and placing that project in operation.
"Delivery services" has the same definition as found in
Section 16-102 of the Public Utilities Act.
"Delivery year" means the consecutive 12-month period
beginning June 1 of a given year and ending May 31 of the
following year.

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"Department" means the Department of Commerce and Economic
Opportunity.
"Director" means the Director of the Illinois Power
Agency.
"Demand-response" means measures that decrease peak
electricity demand or shift demand from peak to off-peak
periods.
"Distributed renewable energy generation device" means a
device that is:
(1) powered by wind, solar thermal energy,
photovoltaic cells or panels, biodiesel, crops and
untreated and unadulterated organic waste biomass, tree
waste, and hydropower that does not involve new
construction of dams, waste heat to power systems, or
qualified combined heat and power systems;
(2) interconnected at the distribution system level of
either an electric utility as defined in this Section, a
municipal utility as defined in this Section that owns or
operates electric distribution facilities, or a rural
electric cooperative as defined in Section 3-119 of the
Public Utilities Act;
(3) located on the customer side of the customer's
electric meter and is primarily used to offset that
customer's electricity load; and
(4) (blank).
"Energy efficiency" means measures that reduce the amount

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of electricity or natural gas consumed in order to achieve a
given end use. "Energy efficiency" includes voltage
optimization measures that optimize the voltage at points on
the electric distribution voltage system and thereby reduce
electricity consumption by electric customers' end use
devices. "Energy efficiency" also includes measures that
reduce the total Btus of electricity, natural gas, and other
fuels needed to meet the end use or uses.
"Electric utility" has the same definition as found in
Section 16-102 of the Public Utilities Act.
"Equity investment eligible community" or "eligible
community" are synonymous and mean the geographic areas
throughout Illinois which would most benefit from equitable
investments by the State designed to combat discrimination.
Specifically, the eligible communities shall be defined as the
following areas:
(1) R3 Areas as established pursuant to Section 10-40
of the Cannabis Regulation and Tax Act, where residents
have historically been excluded from economic
opportunities, including opportunities in the energy
sector; and
(2) environmental justice communities, as defined by
the Illinois Power Agency pursuant to the Illinois Power
Agency Act, where residents have historically been subject
to disproportionate burdens of pollution, including
pollution from the energy sector.

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"Equity eligible persons" or "eligible persons" means
persons who would most benefit from equitable investments by
the State designed to combat discrimination, specifically:
(1) persons who graduate from or are current or former
participants in the Clean Jobs Workforce Network Program,
the Clean Energy Contractor Incubator Program, the
Illinois Climate Works Preapprenticeship Program,
Returning Residents Clean Jobs Training Program, or the
Clean Energy Primes Contractor Accelerator Program, and
the solar training pipeline and multi-cultural jobs
program created in paragraphs (a)(1) and (a)(3) of Section
16-208.12 of the Public Utilities Act;
(2) persons who are graduates of or currently enrolled
in the foster care system;
(3) persons who were formerly incarcerated;
(4) persons whose primary residence is in an equity
investment eligible community.
"Equity eligible contractor" means a business that is
majority-owned by eligible persons, or a nonprofit or
cooperative that is majority-governed by eligible persons, or
is a natural person that is an eligible person offering
personal services as an independent contractor.
"Facility" means an electric generating unit or a
co-generating unit that produces electricity along with
related equipment necessary to connect the facility to an
electric transmission or distribution system.

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"General contractor" means the entity or organization with
main responsibility for the building of a construction project
and who is the party signing the prime construction contract
for the project.
"Governmental aggregator" means one or more units of local
government that individually or collectively procure
electricity to serve residential retail electrical loads
located within its or their jurisdiction.
"High voltage direct current converter station" means the
collection of equipment that converts direct current energy
from a high voltage direct current transmission line into
alternating current using Voltage Source Conversion technology
and that is interconnected with transmission or distribution
assets located in Illinois.
"High voltage direct current renewable energy credit"
means a renewable energy credit associated with a renewable
energy resource where the renewable energy resource has
entered into a contract to transmit the energy associated with
such renewable energy credit over high voltage direct current
transmission facilities.
"High voltage direct current transmission facilities"
means the collection of installed equipment that converts
alternating current energy in one location to direct current
and transmits that direct current energy to a high voltage
direct current converter station using Voltage Source
Conversion technology. "High voltage direct current

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transmission facilities" includes the high voltage direct
current converter station itself and associated high voltage
direct current transmission lines. Notwithstanding the
preceding, after September 15, 2021 (the effective date of
Public Act 102-662), an otherwise qualifying collection of
equipment does not qualify as high voltage direct current
transmission facilities unless its developer entered into a
project labor agreement, is capable of transmitting
electricity at 525kv with an Illinois converter station
located and interconnected in the region of the PJM
Interconnection, LLC, and the system does not operate as a
public utility, as that term is defined in Section 3-105 of the
Public Utilities Act.
"Hydropower" means any method of electricity generation or
storage that results from the flow of water, including
impoundment facilities, diversion facilities, and pumped
storage facilities.
"Index price" means the real-time energy settlement price
at the applicable Illinois trading hub, such as PJM-NIHUB or
MISO-IL, for a given settlement period.
"Indexed renewable energy credit" means a tradable credit
that represents the environmental attributes of one megawatt
hour of energy produced from a renewable energy resource, the
price of which shall be calculated by subtracting the strike
price offered by a new utility-scale wind project or a new
utility-scale photovoltaic project from the index price in a

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given settlement period.
"Indexed renewable energy credit counterparty" has the
same meaning as "public utility" as defined in Section 3-105
of the Public Utilities Act.
"Local government" means a unit of local government as
defined in Section 1 of Article VII of the Illinois
Constitution.
"Modernized" or "retooled" means the construction, repair,
maintenance, or significant expansion of turbines and existing
hydropower dams.
"Municipality" means a city, village, or incorporated
town.
"Municipal utility" means a public utility owned and
operated by any subdivision or municipal corporation of this
State.
"Nameplate capacity" means the aggregate inverter
nameplate capacity in kilowatts AC.
"Person" means any natural person, firm, partnership,
corporation, either domestic or foreign, company, association,
limited liability company, joint stock company, or association
and includes any trustee, receiver, assignee, or personal
representative thereof.
"Project" means the planning, bidding, and construction of
a facility.
"Project labor agreement" means a pre-hire collective
bargaining agreement that covers all terms and conditions of

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employment on a specific construction project and must include
the following:
(1) provisions establishing the minimum hourly wage
for each class of labor organization employee;
(2) provisions establishing the benefits and other
compensation for each class of labor organization
employee;
(3) provisions establishing that no strike or disputes
will be engaged in by the labor organization employees;
(4) provisions establishing that no lockout or
disputes will be engaged in by the general contractor
building the project; and
(5) provisions for minorities and women, as defined
under the Business Enterprise for Minorities, Women, and
Persons with Disabilities Act, setting forth goals for
apprenticeship hours to be performed by minorities and
women and setting forth goals for total hours to be
performed by underrepresented minorities and women.
A labor organization and the general contractor building
the project shall have the authority to include other terms
and conditions as they deem necessary.
"Public utility" has the same definition as found in
Section 3-105 of the Public Utilities Act.
"Qualified combined heat and power systems" means systems
that, either simultaneously or sequentially, produce
electricity and useful thermal energy from a single fuel

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source. Such systems are eligible for "renewable energy
credits" in an amount equal to its total energy output where a
renewable fuel is consumed or in an amount equal to the net
reduction in nonrenewable fuel consumed on a total energy
output basis.
"Real property" means any interest in land together with
all structures, fixtures, and improvements thereon, including
lands under water and riparian rights, any easements,
covenants, licenses, leases, rights-of-way, uses, and other
interests, together with any liens, judgments, mortgages, or
other claims or security interests related to real property.
"Renewable energy credit" means a tradable credit that
represents the environmental attributes of one megawatt hour
of energy produced from a renewable energy resource.
"Renewable energy resources" includes energy and its
associated renewable energy credit or renewable energy credits
from wind, solar thermal energy, photovoltaic cells and
panels, biodiesel, anaerobic digestion, crops and untreated
and unadulterated organic waste biomass, and hydropower that
does not involve new construction of dams, waste heat to power
systems, or qualified combined heat and power systems. For
purposes of this Act, landfill gas produced in the State is
considered a renewable energy resource. "Renewable energy
resources" does not include the incineration or burning of
tires, garbage, general household, institutional, and
commercial waste, industrial lunchroom or office waste,

HB5814 - 36 - LRB103 39997 BDA 71298 b
landscape waste, railroad crossties, utility poles, or
construction or demolition debris, other than untreated and
unadulterated waste wood. "Renewable energy resources" also
includes high voltage direct current renewable energy credits
and the associated energy converted to alternating current by
a high voltage direct current converter station to the extent
that: (1) the generator of such renewable energy resource
contracted with a third party to transmit the energy over the
high voltage direct current transmission facilities, and (2)
the third-party contracting for delivery of renewable energy
resources over the high voltage direct current transmission
facilities have ownership rights over the unretired associated
high voltage direct current renewable energy credit.
"Retail customer" has the same definition as found in
Section 16-102 of the Public Utilities Act.
"Revenue bond" means any bond, note, or other evidence of
indebtedness issued by the Authority, the principal and
interest of which is payable solely from revenues or income
derived from any project or activity of the Agency.
"Sequester" means permanent storage of carbon dioxide by
injecting it into a saline aquifer, a depleted gas reservoir,
or other pore space or an oil reservoir, directly or through an
enhanced oil recovery process that may involve intermediate
storage, regardless of whether these activities are conducted
by a clean coal facility, a clean coal SNG facility, a clean
coal SNG brownfield facility, or a party with which a clean

HB5814 - 37 - LRB103 39997 BDA 71298 b
coal facility, clean coal SNG facility, or clean coal SNG
brownfield facility has contracted for such purposes.
"Service area" has the same definition as found in Section
16-102 of the Public Utilities Act.
"Settlement period" means the period of time utilized by
MISO and PJM and their successor organizations as the basis
for settlement calculations in the real-time energy market.
"Sourcing agreement" means (i) in the case of an electric
utility, an agreement between the owner of a clean coal
facility and such electric utility, which agreement shall have
terms and conditions meeting the requirements of paragraph (3)
of subsection (d) of Section 1-75, (ii) in the case of an
alternative retail electric supplier, an agreement between the
owner of a clean coal facility and such alternative retail
electric supplier, which agreement shall have terms and
conditions meeting the requirements of Section 16-115(d)(5) of
the Public Utilities Act, and (iii) in case of a gas utility,
an agreement between the owner of a clean coal SNG brownfield
facility and the gas utility, which agreement shall have the
terms and conditions meeting the requirements of subsection
(h-1) of Section 9-220 of the Public Utilities Act.
"Strike price" means a contract price for energy and
renewable energy credits from a new utility-scale wind project
or a new utility-scale photovoltaic project.
"Subscriber" means a person who (i) takes delivery service
from an electric utility, and (ii) has a subscription of no

HB5814 - 38 - LRB103 39997 BDA 71298 b
less than 200 watts to a community renewable generation
project that is located in the electric utility's service
area. No subscriber's subscriptions may total more than 40% of
the nameplate capacity of an individual community renewable
generation project. Entities that are affiliated by virtue of
a common parent shall not represent multiple subscriptions
that total more than 40% of the nameplate capacity of an
individual community renewable generation project.
"Subscription" means an interest in a community renewable
generation project expressed in kilowatts, which is sized
primarily to offset part or all of the subscriber's
electricity usage.
"Substitute natural gas" or "SNG" means a gas manufactured
by gasification of hydrocarbon feedstock, which is
substantially interchangeable in use and distribution with
conventional natural gas.
"Total resource cost test" or "TRC test" means a standard
that is met if, for an investment in energy efficiency or
demand-response measures, the benefit-cost ratio is greater
than one. The benefit-cost ratio is the ratio of the net
present value of the total benefits of the program to the net
present value of the total costs as calculated over the
lifetime of the measures. A total resource cost test compares
the sum of avoided electric utility costs, representing the
benefits that accrue to the system and the participant in the
delivery of those efficiency measures and including avoided

HB5814 - 39 - LRB103 39997 BDA 71298 b
costs associated with reduced use of natural gas or other
fuels, avoided costs associated with reduced water
consumption, and avoided costs associated with reduced
operation and maintenance costs, as well as other quantifiable
societal benefits, to the sum of all incremental costs of
end-use measures that are implemented due to the program
(including both utility and participant contributions), plus
costs to administer, deliver, and evaluate each demand-side
program, to quantify the net savings obtained by substituting
the demand-side program for supply resources. In calculating
avoided costs of power and energy that an electric utility
would otherwise have had to acquire, reasonable estimates
shall be included of financial costs likely to be imposed by
future regulations and legislation on emissions of greenhouse
gases. In discounting future societal costs and benefits for
the purpose of calculating net present values, a societal
discount rate based on actual, long-term Treasury bond yields
should be used. Notwithstanding anything to the contrary, the
TRC test shall not include or take into account a calculation
of market price suppression effects or demand reduction
induced price effects.
"Utility-scale solar project" means an electric generating
facility that:
(1) generates electricity using photovoltaic cells;
and
(2) has a nameplate capacity that is greater than

HB5814 - 40 - LRB103 39997 BDA 71298 b
5,000 kilowatts.
"Utility-scale wind project" means an electric generating
facility that:
(1) generates electricity using wind; and
(2) has a nameplate capacity that is greater than
5,000 kilowatts.
"Waste Heat to Power Systems" means systems that capture
and generate electricity from energy that would otherwise be
lost to the atmosphere without the use of additional fuel.
"Zero emission credit" means a tradable credit that
represents the environmental attributes of one megawatt hour
of energy produced from a zero emission facility.
"Zero emission facility" means a facility that: (1) is
fueled by nuclear power; and (2) is interconnected with PJM
Interconnection, LLC or the Midcontinent Independent System
Operator, Inc., or their successors.
(Source: P.A. 102-662, eff. 9-15-21; 103-154, eff. 6-28-23;
103-380, eff. 1-1-24.)
(20 ILCS 3855/1-80)
Sec. 1-80. Resource Development Bureau. Upon its
establishment by the Agency, the Resource Development Bureau
has the following duties and responsibilities:
(a) At the Agency's discretion, conduct feasibility
studies on the construction of any facility. Funding for a
study shall come from either:

HB5814 - 41 - LRB103 39997 BDA 71298 b
(i) fees assessed by the Agency on municipal
electric systems, governmental aggregators, unit or
units of local government, or rural electric
cooperatives requesting the feasibility study; or
(ii) an appropriation from the General Assembly.
(b) If the Agency undertakes the construction of a
facility, moneys generated from the sale of revenue bonds
by the Authority for the facility shall be used to
reimburse the source of the money used for the facility's
feasibility study.
(c) The Agency may develop, finance, construct, or
operate electric generation and co-generation facilities
that use indigenous coal or renewable resources, or both,
financed with bonds issued by the Authority on behalf of
the Agency. Any such facility that uses coal must be a
clean coal facility and must be constructed in a location
where the geology is suitable for carbon sequestration.
The Agency may also develop, finance, construct, or
operate a carbon sequestration facility.
(1) The Agency may enter into contractual
arrangements with private and public entities,
including but not limited to municipal electric
systems, governmental aggregators, and rural electric
cooperatives, to plan, site, construct, improve,
rehabilitate, and operate those electric generation
and co-generation facilities. No contract shall be

HB5814 - 42 - LRB103 39997 BDA 71298 b
entered into by the Agency that would jeopardize the
tax-exempt status of any bond issued in connection
with a project for which the Agency entered into the
contract.
(2) The Agency shall hold at least one public
hearing before entering into any such contractual
arrangements. At least 30-days' notice of the hearing
shall be given by publication once in each week during
that period in 6 newspapers within the State, at least
one of which has a circulation area that includes the
location of the proposed facility.
(3) (Blank). The first facility that the Agency
develops, finances, or constructs shall be a facility
that uses coal produced in Illinois. The Agency may,
however, also develop, finance, or construct renewable
energy facilities after work on the first facility has
commenced.
(4) The Agency may not develop, finance, or
construct a nuclear power plant.
(5) The Agency shall assess fees to applicants
seeking to partner with the Agency on projects.
(d) Use of electricity generated by the Agency's
facilities. The Agency may supply electricity produced by
the Agency's facilities to municipal electric systems,
governmental aggregators, or rural electric cooperatives
in Illinois. The electricity shall be supplied at cost.

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(1) Contracts to supply power and energy from the
Agency's facilities shall provide for the effectuation
of the policies set forth in this Act.
(2) The contracts shall also provide that,
notwithstanding any provision in the Public Utilities
Act, entities supplied with power and energy from an
Agency facility shall supply the power and energy to
retail customers at the same price paid to purchase
power and energy from the Agency.
(e) Electric utilities shall not be required to purchase
electricity directly or indirectly from facilities developed
or sponsored by the Agency.
(f) The Agency may sell excess capacity and excess energy
into the wholesale electric market at prevailing market rates;
provided, however, the Agency may not sell excess capacity or
excess energy through the procurement process described in
Section 16-111.5 of the Public Utilities Act.
(g) The Agency shall not directly sell electric power and
energy to retail customers. Nothing in this paragraph shall be
construed to prohibit sales to municipal electric systems,
governmental aggregators, or rural electric cooperatives.
(Source: P.A. 99-536, eff. 7-8-16.)
Section 65. The Carbon Dioxide Transportation and
Sequestration Act is amended by changing Sections 10, 15, and
20 as follows:

HB5814 - 44 - LRB103 39997 BDA 71298 b
(220 ILCS 75/10)
Sec. 10. Definitions. As used in this Act:
"Carbon dioxide pipeline" or "pipeline" has the meaning
given to those terms in Section 10 of the Carbon Dioxide
Transport and Storage Protections Act means the in-state
portion of a pipeline, including appurtenant facilities,
property rights, and easements, that are used exclusively for
the purpose of transporting carbon dioxide to a point of sale,
storage, enhanced oil recovery, or other carbon management
application.
"Clean coal facility" has the meaning ascribed to that
term in Section 1-10 of the Illinois Power Agency Act.
"Clean coal SNG facility" has the meaning ascribed to that
term in Section 1-10 of the Illinois Power Agency Act.
"Commission" means the Illinois Commerce Commission.
"Sequester" has the meaning ascribed to that term in
Section 1-10 of the Illinois Power Agency Act.
"Transportation" or "transport" has the meaning given to
those terms in Section 10 of the Carbon Dioxide Transport and
Storage Protections Act means the physical movement of carbon
dioxide by pipeline conducted for a person's own use or
account or the use or account of another person or persons.
(Source: P.A. 97-534, eff. 8-23-11.)
(220 ILCS 75/15)

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Sec. 15. Scope. This Act applies to the application
process for the issuance of a certificate of authority by an
owner or operator of a pipeline designed, constructed, and
operated to transport and to sequester carbon dioxide produced
by a clean coal facility, by a clean coal SNG facility, or by
any other source that will result in the reduction of carbon
dioxide emissions from that source.
(Source: P.A. 97-534, eff. 8-23-11.)
(220 ILCS 75/20)
Sec. 20. Application.
(a) No person or entity may construct, operate, or repair
a carbon dioxide pipeline unless the person or entity
possesses a certificate of authority.
(a-5) Before filing an application for a certificate of
authority with the Commission, a person or entity seeking the
certificate must:
(1) obtain the following documents:
(A) a carbon dioxide pipeline routing permit
issued by the Illinois Environmental Protection Agency
under Section 9.21 of the Environmental Protection
Act;
(B) if the carbon dioxide to be transported by the
pipeline will be sequestered in the State, a carbon
dioxide sequestration permit issued by the Illinois
Environmental Protection Agency under Section 22.64 of

HB5814 - 46 - LRB103 39997 BDA 71298 b
the Environmental Protection Act;
(C) if the carbon dioxide to be transported by the
pipeline will be sequestered outside of the State, a
Class VI carbon dioxide injection permit issued by the
United States Environmental Protection Agency under
the federal Safe Drinking Water Act;
(D) if the carbon dioxide to be transported by the
pipeline will be obtained, in whole or in part, from a
facility in the State, any carbon capture permits for
that carbon dioxide issued by the Illinois
Environmental Protection Agency under Section 9.21 of
the Environmental Protection Act; and
(E) if the carbon dioxide to be transported by the
pipeline will be obtained, in whole or in part, from a
facility or facilities outside the State,
documentation that contracts between the pipeline
developer and out-of-State capture facility for
transport of the carbon dioxide have been finalized;
and
(2) At least 30 days before filing the application for
a Certificate of Authority:
(A) send by certified U.S. Mail a notice to all
owners of real property within 2 miles of the intended
pipeline route or route width of the person or
entity's intent to file an application for a
Certificate of Authority for the pipeline; the notice

HB5814 - 47 - LRB103 39997 BDA 71298 b
shall include a map of the intended pipeline route or
route width and state that the pipeline is proposed to
be located within 2 miles of the property; and
(B) provide notice to each unit of local
government within 2 miles of the proposed pipeline
route or route width and include a map of the proposed
pipeline route or route width; the applicant shall
also publish notice in a newspaper of general
circulation in each county where the pipeline is
proposed to be located.
(b) The Commission shall not open a docket on an
application for a certificate of authority to construct and
operate a carbon dioxide pipeline unless and until the
applicant has completed all of the following:
(1) submitted to the Commission, as part of its
application for a Certificate of Authority, the carbon
dioxide pipeline routing permit issued by the Illinois
Environmental Protection Agency under Section 9.21 of the
Environmental Protection Act, together with the
application materials submitted for that permit; if the
applicant seeks a route width under subsection (d) that
would allow the pipeline to be constructed outside of the
specific route approved by the Illinois Environmental
Protection Agency, it shall include a map of the proposed
route width in its application;
(2) submitted to the Commission, as part of its

HB5814 - 48 - LRB103 39997 BDA 71298 b
application for a Certificate of Authority, any and all
authorizations to capture and sequester carbon dioxide
that the applicant must obtain under subsection (a-5);
(3) submitted to the Commission, as part of its
application for a Certificate of Authority, proof that it
has satisfied the notice requirements of subsection
(a-5)(2);
(4) demonstrated to the satisfaction of the Commission
that the applicant has filed any and all forms required to
be filed with the federal Pipeline and Hazardous Materials
Safety Administration in advance of constructing a carbon
dioxide pipeline;
(5) demonstrated to the satisfaction of the Commission
that the applicant has filed any and all applications for
permits required by the U.S. Army Corps of Engineers in
advance of constructing a carbon dioxide pipeline;
(6) demonstrated to the satisfaction of the Commission
that the applicant has entered into an agreement with the
Illinois Department of Agriculture that governs the
mitigation of agricultural impacts associated with the
construction of the proposed pipeline;
(7) submitted to the Commission, as part of its
application for a Certificate of Authority, the list
required to be complied under subsection (d) of Section
9.21 of the Environmental Protection Act, of all occupied
residences, businesses, schools, daycares, healthcare

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facilities and High Consequence Areas located within 2
miles of the proposed pipeline route, together with
certification that all units of local government within 2
miles of the proposed pipeline route have been given the
list;
(8) submitted to the Commission, as part of its
application for a Certificate of Authority, proof of
insurance to cover injuries, damages, or losses related to
a release of carbon dioxide from the pipeline in the
amount of at least $250,000,000, from an insurance carrier
authorized, licensed, or permitted to provide insurance
coverage in this State and that holds at least an A- rating
by an American credit rating agency that focuses on the
insurance industry;
(9) submitted to the Commission, as part of its
application for a Certificate of Authority, proof that it
has obtained a performance bond or other financial
assurance sufficient to cover the cost of emergency
response and remediation for any pipeline leak or failure,
in the form of a trust fund, a surety bond guaranteeing
payment, a surety bond guaranteeing performance, or an
irrevocable letter of credit consistent with rules adopted
by the Commission;
(10) submitted to the Commission, as part of its
application for a Certificate of Authority, an economic
analysis and supporting documentation identifying any

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economic benefits to local governments or the State
associated with the proposed pipeline; the anticipated
number of jobs to be created by the pipeline project; and
any job commitments, including, but not limited to,
contracts or agreements, the applicant has made to local
contractors or unions;
(11) submitted to the Commission any other documents
or information the Commission deems necessary to be
included in an application for a Certificate of Authority;
and
(12) posted its complete application for a Certificate
of Authority, including all documents required by this
subsection (b), on a public website that must be available
to the public without a password, sign-in, or other
registration.
(b-1) Any entity or person who intervenes, in accordance
with the Commission's rules, in the docket of an application
for a certificate of authority for a carbon dioxide pipeline,
shall be afforded the opportunity to call witnesses to testify
during the public hearing referenced in subsection (c).
(c) (b) The Commission, after a hearing, may grant an
application for a certificate of authority authorizing the
construction and operation of a carbon dioxide pipeline if it
makes a specific written finding as to each of the following:
(1) the application was properly filed;
(2) the applicant is fit, willing, and able to

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construct and operate the pipeline in compliance with this
Act and with Commission regulations and orders of the
Commission or any applicable federal agencies;
(3) the applicant has entered into an agreement with a
clean coal facility, a clean coal SNG facility, or any
other source that will result in the reduction of carbon
dioxide emissions from that source;
(4) the applicant has submitted all documentation and
information required by subsection (b) filed with the
Pipeline and Hazardous Materials Safety Administration of
the U.S. Department of Transportation all forms required
by that agency in advance of constructing a carbon dioxide
pipeline;
(5) the applicant has filed with the U.S. Army Corps
of Engineers all applications for permits required by that
agency in advance of constructing a carbon dioxide
pipeline;
(6) the applicant has entered into an agreement with
the Illinois Department of Agriculture that governs the
mitigation of agricultural impacts associated with the
construction of the proposed pipeline;
(5) (7) the applicant possesses the financial,
managerial, legal, and technical qualifications necessary
to construct and operate the proposed carbon dioxide
pipeline; and
(6) the applicant has submitted proof that it has

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obtained an easement, lease, or title from all persons
owning any portion of the property the applicant seeks to
use for the construction, maintenance, or operation of the
proposed carbon dioxide pipeline;
(7) the applicant has demonstrated that (8) the
proposed pipeline is consistent with the public interest
and , public benefit and the benefits of the proposed
pipeline exceed any and all risks to residents of the
State , and legislative purpose as set forth in this Act.
In addition to any other evidence the Commission may
consider on this specific finding, the Commission shall
consider the following:
(A) any evidence of the effect of the pipeline
upon the economy, infrastructure, environment, and
public safety presented by local governmental units
and intervenors that will be affected by the proposed
pipeline route;
(B) any evidence of the effect of the pipeline
upon property values presented by property owners who
will be affected by the proposed pipeline or facility,
provided that the Commission need not hear evidence as
to the actual valuation of property such as that as
would be presented to and determined by the courts
under the Eminent Domain Act;
(C) any evidence presented by the Department of
Commerce and Economic Opportunity regarding the

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current and future local, State-wide, or regional
economic effect, direct or indirect, of the proposed
pipeline or facility including, but not limited to,
ability of the State to attract economic growth, meet
future energy requirements, and ensure compliance with
environmental requirements and goals;
(D) any evidence addressing the factors described
in items (1) through (7) (8) of this subsection (c) (b)
or other relevant factors that is presented by any
other State agency, the applicant, a party, or other
entity that participates in the proceeding, including
evidence presented by the Commission's staff; and
(E) written or oral public comments offered at the
public hearing or before the deadline set by the
Commission under subsection (f); and
(F) any evidence presented by any State or federal
governmental entity as to how the proposed pipeline
will affect the security, stability, and reliability
of energy.
In its written order, the Commission shall address all of
the evidence presented, and if the order is contrary to any of
the evidence, the Commission shall state the reasons for its
determination with regard to that evidence.
(c) (Blank). When an applicant files its application for a
certificate of authority with the Commission, it shall provide
notice to each local government where the proposed pipeline

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will be located and include a map of the proposed pipeline
route. The applicant shall also publish notice in a newspaper
of general circulation in each county where the proposed
pipeline is located.
(d) An application for a certificate of authority filed
pursuant to this Section shall request either that the
Commission review and approve the route approved by the
Illinois Environmental Protection Agency pursuant to Section
9.21 of the Environmental Protection Act a specific route for
a carbon dioxide pipeline, or that the Commission review and
approve a project route width that authorizes construction of
the pipeline within a pipeline right-of-way that extends 100
feet in either direction from the route approved by the
Illinois Environmental Protection Agency identifies the areas
in which the pipeline would be located, with such width
ranging from the minimum width required for a pipeline
right-of-way up to 200 feet in width. A map of the route or
route width shall be included in the application. The purpose
for allowing the option of review and approval of a project
route width is to provide increased flexibility during the
construction process to accommodate specific landowner
requests, avoid environmentally sensitive areas, or address
special environmental permitting requirements.
(e) The Commission's rules shall ensure that notice of an
application for a certificate of authority is provided within
30 days after filing to the landowners along a proposed

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project route, or to the potentially affected landowners
within a proposed project route width, using the notification
procedures set forth in the Commission's rules. If the
Commission grants approval of a project route width as opposed
to a specific project route, then the applicant must, at least
14 days in advance of beginning construction on any tract
within the project route width as it finalizes the actual
pipeline alignment within the project route width, file with
the Commission a final revised carbon dioxide pipeline routing
permit issued by the Illinois Environmental Protection Agency
under Section 9.21 of the Environmental Protection Act,
approving the final route, together with its final list of
affected landowners with real property within 2 miles of the
pipeline route the Commission at least 14 days in advance of
beginning construction on any tract within the project route
width and also provide the Commission with at least 14 days'
notice before filing a complaint for eminent domain in the
circuit court with regard to any tract within the project
route width.
(f) Either during or within 10 days after the evidentiary
hearing held on the application for the Certificate of
Authority, the Commission shall host a public hearing to
receive oral public comments about the application. The
hearing shall be scheduled at a time and place that
facilitates public participation, and shall begin with a brief
presentation by the Commission of the proposed permit and the

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standards for granting a certificate of authority. Time limits
for each public comment shall not be less than 10 minutes and
the total time for public comment shall not be less than 5
hours, provided, however, that all attendees who arrived
during that 5-hour period who wish to offer comment shall be
afforded the opportunity to do so. The Commission shall set a
deadline of no earlier than 30 days following the public
hearing required by this subsection to receive written public
comments.
(g) (f) The Commission shall make its determination on any
application for a certificate of authority filed pursuant to
this Section and issue its final order within 11 months after
the date that the application is filed. The Commission's
failure to act within this time period shall not be deemed an
approval or denial of the application.
(h) (g) A final order of the Commission granting a
certificate of authority pursuant to this Act shall be
conditioned upon the applicant obtaining all required permits
or approvals from the Pipeline and Hazardous Materials Safety
Administration of the U.S. Department of Transportation, U.S.
Army Corps of Engineers, and Illinois Department of
Agriculture, and Illinois Environmental Protection Agency, in
addition to all other permits and approvals necessary for the
construction and operation of the pipeline prior to the start
of any construction. The final order must specifically
prohibit the start of any construction until all such permits

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and approvals have been obtained.
(i) Once the Commission has entered an order approving
either a specific route or route width under this Section, the
holder of the certificate of authority may not deviate from
the route approved by the Commission and the Environmental
Protection Agency without first:
(1) obtaining a revised carbon dioxide routing permit
from the Environmental Protection Agency under Section
9.21 of the Environmental Protection Act, approving all
proposed route deviations; and
(2) filing with the Commission, and receiving
Commission approval of, supplemental applications for
deviations from the approved project route or route width.
Each (h) Within 6 months after the Commission's entry of
an order approving either a specific route or a project
route width under this Section, the owner or operator of
the carbon dioxide pipeline that receives that order may
file supplemental applications for minor route deviations
outside the approved project route width, allowing for
additions or changes to the approved route to address
environmental concerns encountered during construction or
to accommodate landowner requests. The supplemental
application shall specifically detail the environmental
concerns or landowner requests prompting the route
changes, including the names of any landowners or entities
involved. Notice of a supplemental application shall be

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provided to any State agency or unit of local government
that appeared in the original proceeding and to any
landowner affected by the proposed route deviation at the
time that supplemental application is filed. The route
deviations shall be approved by the Commission no sooner
than 90 days after all interested parties receive notice
of the supplemental application, unless a written
objection is filed to the supplemental application within
45 days after such notice is received. If a written
objection is filed, then the Commission shall issue an
order either granting or denying the route deviation
within 90 days after the filing of the objection. Hearings
on any such supplemental application shall be limited to
the reasonableness of the specific variance proposed, and
the issues of the public interest and benefit of the
project or fitness of the applicant shall be considered
only to the extent that the route deviation has raised new
concerns with regard to those issues.
(j) (i) A certificate of authority to construct and
operate a carbon dioxide pipeline issued by the Commission
shall contain and include all of the following: (1) a grant of
authority to construct and operate a carbon dioxide pipeline
as requested in the application, subject to the laws of this
State. ; and
(2) a limited grant of authority to take and acquire
an easement in any property or interest in property for

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the construction, maintenance, or operation of a carbon
dioxide pipeline in the manner provided for the exercise
of the power of eminent domain under the Eminent Domain
Act. The limited grant of authority shall be restricted
to, and exercised solely for, the purpose of siting,
rights-of-way, and easements appurtenant, including
construction and maintenance. The applicant shall not
exercise this power until it has used reasonable and good
faith efforts to acquire the property or easement thereto.
The applicant may thereafter use this power when the
applicant determines that the easement is necessary to
avoid unreasonable delay or economic hardship to the
progress of activities carried out pursuant to the
certificate of authority.
(k) In any instance where an applicant withdraws its
application for a Certificate of Authority and refiles an
application proposing the same or substantially similar route,
the applicant shall compensate any persons or entities that
intervened in the withdrawn proceeding for costs of
intervention and filing of any materials that are the same as,
or substantially similar to, those already filed by the person
or entity in the docket for the withdrawn application.
(l) If an applicant withdraws or is denied a permit for a
Certificate of Authority, anyone who has granted an easement
to the applicant for the construction, maintenance, or
operation of the proposed carbon dioxide pipeline shall have

HB5814 - 60 - LRB103 39997 BDA 71298 b
the right to have the easement interest conveyed back in
return for any amounts paid to the applicant.
(Source: P.A. 97-534, eff. 8-23-11.)
(220 ILCS 75/5 rep.)
Section 70. The Carbon Dioxide Transportation and
Sequestration Act is amended by repealing Section 5.
Section 75. The Environmental Protection Act is amended by
changing Sections 21, 39, and 40 and by adding Sections 3.121,
3.132, 3.133, 3.134, 3.136, 3.281, 3.446, 3.447, 9.20, 9.21,
and 22.64 as follows:
(415 ILCS 5/3.121 new)
Sec. 3.121. Area of review. "Area of review" for each
sequestration facility, has the same meaning as the "area of
review" specified in the Class VI permit issued to that
sequestration facility under the federal Safe Drinking Water
Act by either the United States Environmental Protection
Agency or, if the State obtains primacy, a State agency
authorized to issue Class VI permits for sequestration of
carbon dioxide.
(415 ILCS 5/3.132 new)
Sec. 3.132. Carbon dioxide capture project. "Carbon
dioxide capture project" or "capture project" means a project

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or facility that (1) uses equipment to capture a significant
quantity of carbon dioxide directly from the ambient air or
uses a process to separate carbon dioxide from industrial or
energy-related sources, other than oil or gas production from
a well, and (2) produces a concentrated fluid of carbon
dioxide. "Carbon dioxide capture project" includes carbon
dioxide captured as part of a research and development project
or a project funded by research and development funds, unless
the operator demonstrates to the satisfaction of the Agency
that the project meets criteria for exclusion as a research
and development project under rules adopted by the Board under
paragraph (9) of subsection (g) of Section 9.21.
(415 ILCS 5/3.133 new)
Sec. 3.133. Carbon dioxide pipeline. "Carbon dioxide
pipeline" has the meaning given to that term in Section 10 of
the Carbon Dioxide Transportation and Sequestration Act.
(415 ILCS 5/3.134 new)
Sec. 3.134. Concentrated carbon dioxide fluid.
"Concentrated carbon dioxide fluid" means a fluid that
contains concentrated carbon dioxide that is proportionately
greater than the ambient atmospheric concentration of carbon
dioxide.
(415 ILCS 5/3.136 new)

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Sec. 3.136. Confining zone. "Confining zone" means a
geologic formation, a group of geologic formations, or part of
a geologic formation stratigraphically overlying a zone of
carbon dioxide injection that acts as a barrier to fluid
movement.
(415 ILCS 5/3.281 new)
Sec. 3.281. Mahomet Aquifer. "Mahomet Aquifer" means the
aquifer designated as a sole-source aquifer by the United
States Environmental Protection Agency under the federal Safe
Drinking Water Act, together with its upstream areas, as
identified by the United States Environmental Protection
Agency in the map of the Mahomet Aquifer Project Review Area.
(415 ILCS 5/3.446 new)
Sec. 3.446. Sequestration. "Sequestration" has the meaning
given to that term in Section 10 of the Carbon Dioxide
Transport and Storage Protections Act.
(415 ILCS 5/3.447 new)
Sec. 3.447. Sequestration facility. "Sequestration
facility" has the meaning given to that term in Section 10 of
the Carbon Dioxide Transport and Storage Protections Act.
(415 ILCS 5/9.20 new)
Sec. 9.20. Setbacks from carbon dioxide pipelines.

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(a) The General Assembly finds that:
(1) Carbon dioxide is an asphyxiant. A carbon dioxide
leak from a carbon dioxide pipeline poses a risk of grave
harm to human health and the environment.
(2) Setbacks from occupied structures and high-density
areas are necessary to protect against potential harm from
carbon dioxide pipeline leaks.
(a-5) The purpose of this Section is to promote a
healthful environment, including, but not limited to, clean
water, air, and land, meaningful public involvement, and to
ensure only responsible pipeline transport of carbon dioxide
is conducted in the State to protect public health and to
prevent pollution of the environment.
(a-10) The provisions of this Section shall be liberally
construed to carry out the purposes of this Section.
(b) As used in this Section:
(1) "Environmental justice community" means the
definition of that term based on existing methodologies
and findings used and as may be updated by the Illinois
Power Agency and its program administrator in the Illinois
Solar for All Program.
(2) "Geohazards" means any dynamic geologic, edaphic,
and meteorological conditions that could affect the
stability and safety of a carbon dioxide pipeline,
including, but not limited to, slope instability, frost
heave, soil settlement, erosion, earthquakes, or mine

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subsidence.
(3) "High Consequence Area" means:
(A) a High Consequence Area as defined at 49 CFR
195.450;
(B) any area that has a concentration of 10 or more
residences within a square mile that is located within
one mile of the proposed route of a proposed carbon
dioxide pipeline;
(C) sensitive locations, such as hospitals and
other medical facilities, schools and day care
centers, nursing homes and other senior living
facilities, prisons, and other areas where decreased
mobility may require additional time and personnel to
evacuate;
(D) locations where people congregate, such as
commercial and office districts; industry or business
parks; recreational facilities such as stadiums,
parks, golf courses, and clubs; cultural and
governmental facilities; historic areas; transit
stations; and places of worship;
(E) concentrated animal feeding operations or
concentrations of livestock; or
(F) national or state-designated wildlife refuge
areas or zoos.
(c) No person may transport carbon dioxide through a
pipeline in the State without first obtaining a carbon dioxide

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pipeline routing permit from the Agency under this Section.
(d) Before submitting an application for a carbon dioxide
pipeline routing permit to the Agency, any person who seeks to
transport carbon dioxide through a pipeline in this State
must:
(1) compile an accurate, verified list of all occupied
residences, businesses, schools, daycares, healthcare
facilities and High Consequence Areas located within 2
miles of its proposed pipeline route, which list it shall
submit, during the consultation process specified in
paragraph (2) of this subsection (d), to all units of
local government located within 2 miles of the proposed
pipeline route;
(2) consult, in open meetings subject to the Open
Meetings Act, with the governing bodies of all units of
local government, as defined in Article VII of the
Illinois Constitution, located within 2 miles of the
proposed pipeline route concerning:
(A) zoning requirements for the proposed route;
(B) future development plans along the proposed
route;
(C) development projects in process along the
proposed route;
(D) planned growth along the proposed route, as
indicated in a comprehensive land use plan developed
by or for that governing body, including any planned

HB5814 - 66 - LRB103 39997 BDA 71298 b
growth that could not occur if the proposed pipeline
were constructed and operated;
(E) any mitigation planning for the proposed route
by counties or regional planning commissions;
(F) any existing emergency response planning for
the propose route;
(G) road use, any road bonding, and the location
of road crossings and road repair along the proposed
route;
(H) the location of any county and municipal land
and right-of-way agreements along the proposed route;
(I) any Geohazards along the proposed route;
(J) the location of any hazardous liquid or
natural gas pipelines along the proposed route;
(K) plans for pipeline abandonment or removal once
it is no longer in use; and
(L) other relevant information as determined by
the government body;
(3) meet with emergency management personnel of each
unit of local government within 2 miles of the pipeline
route to present the results of modeling performed in
accordance with subsection (e) and discuss any needs to
ensure the timely rescue of persons if a rupture or leak of
the proposed carbon dioxide pipeline occurs, including,
but not limited to:
(A) staffing needs;

HB5814 - 67 - LRB103 39997 BDA 71298 b
(B) training and training material needs;
(C) methods to ensure effective and timely
communication with the pipeline operator;
(D) advanced sensors or other methods of real-time
monitoring to allow for prompt identification and
closure of any segment of the pipeline where a leak or
rupture occurs;
(E) alarm systems to alert first responders and
the public of a pipeline rupture or leak;
(F) emergency response and public evacuation
plans;
(G) equipment, including, but not limited to, air
supply respirators and electric vehicles; and
(H) funding needs, as well as source of funding
and timing for receipt of funds, to ensure the needs of
this subsection (3) are met; and
(4) revise its proposed route to account for local
ordinances, zoning, and other input provided by units of
local government, first responders, and members of the
public consulted or who provided comment under this
subsection (d).
(e) The Board shall adopt rules establishing carbon
dioxide pipeline routing permit requirements and routing
criteria under this Section. The rules shall be proposed by
the Agency not later than 30 months after the effective date of
this Act and adopted by the Board not later than 2 years after

HB5814 - 68 - LRB103 39997 BDA 71298 b
receipt of the Agency's proposal. The rules must, at a
minimum:
(1) establish routing criteria for carbon dioxide
pipelines that ensure pipelines are not constructed in
locations where they would pose an undue risk of harm to
people or animals; at a minimum, the criteria shall:
(A) establish maximum exposure limits, expressed
in the form of carbon dioxide concentrations and
duration of exposure, based on the carbon dioxide
pipeline setback study required by Section 45 of the
Carbon Dioxide Transport and Storage Protections Act
and other information the Board deems relevant;
(B) bar siting of carbon dioxide pipelines within
2 miles of an Environmental Justice Community; and
(C) require selection of a pipeline route that
avoids previously mined areas and avoids other
Geohazards to the maximum extent possible;
(2) set standards for conducting computational fluid
dynamic modeling, or updated modeling if more accurate
modeling is available, of potential ruptures and leaks
from each proposed carbon dioxide pipeline, which shall:
(A) require that modeling of potential ruptures or
leaks be conducted, at a minimum, for areas along the
proposed pipeline route that would be located within 2
miles of a High Consequence Area;
(B) include a requirement that the modeling domain

HB5814 - 69 - LRB103 39997 BDA 71298 b
extend, at a minimum, 2 miles in all directions from
the proposed pipeline route or to the furthest
location where carbon dioxide concentrations could, in
a rupture event, reach 30,000 parts per million,
whichever is further;
(C) ensure that the modeling accounts for pipeline
diameter, flow rate, temperature, pressure, the
topography of the proposed pipeline route, the built
environment along the pipeline route, a range of
weather conditions, and other factors the Board deems
relevant;
(D) provide that the modeling must predict, as
accurately as possible, the dispersion of
concentrations of carbon dioxide in parts per million
and the duration of those concentrations as dispersion
occurs; and
(E) specify mechanisms to ensure that outdated
models are superseded by newer, updated models that
more accurately predict carbon dioxide dispersion in
the event of a carbon dioxide rupture or leak;
(3) establish application requirements for carbon
dioxide pipeline routing permits, which shall include, but
are not limited to:
(A) a map providing an overview of the entire
proposed pipeline route;
(B) an aerial map of the proposed pipeline route

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and at least 2 miles to each side, with a scale of 1
inch to 400 feet or otherwise sufficient to allow
residents an understanding of the relationship between
the proposed pipeline and properties;
(C) information about the proposed pipeline,
including, but not limited to, diameter, flow rate,
pressure, temperature, and characteristics of the
carbon dioxide being transported therein;
(D) temperature and pressure of equipment
ancillary to the proposed pipeline, such as booster
stations;
(E) any geohazards present along the proposed
pipeline route;
(F) a report providing the assumptions, inputs,
and results of computational fluid dynamic dispersion
modeling conducted for the proposed pipeline, which
shall include a map or maps that:
(i) show all areas along the proposed route
where concentrations of carbon dioxide may reach
30,000 parts per million (3%);
(ii) identify the duration of concentration,
(iii) depict how soon after a pipeline rupture
or leaks concentrations of carbon dioxide are
projected to reach 3% or higher;
(iv) specify changes in concentration at 1,000
ppm increments; and

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(v) extend to the furthest location where
carbon dioxide concentrations reach 30,000 parts
per million or 2 miles from the proposed pipeline
route, whichever is further;
(G) proposed setbacks from High Concentration
Areas, which shall be based on the computational fluid
dynamic modeling required by this Section, satisfy the
carbon dioxide pipeline routing criteria established
under this Section, and be accompanied by a
certification by the applicant attesting to the
modeling as the basis for proposed setbacks;
(H) a narrative explanation of how the setbacks
satisfy the routing criteria established under this
Section;
(I) any emergency response plan for a rupture or
leak of the proposed pipeline that the applicant has
developed or is developing to satisfy requirements of
other federal or state agencies;
(J) documents specifying the sources of carbon
dioxide to be transported in the proposed pipeline,
including, but not limited to, any agreements to
transport carbon dioxide and, if the source of carbon
dioxide is in-State, any permits for carbon dioxide
capture required by this Act;
(K) documents specifying the destination of the
carbon dioxide to be transported in the proposed

HB5814 - 72 - LRB103 39997 BDA 71298 b
pipeline, including, but not limited to, any
agreements to transport the carbon dioxide to those
destinations and, if the carbon dioxide is to be
sequestered in the State, any permits for carbon
dioxide sequestration required by this Act;
(L) the list of occupied residences, businesses,
schools, day cares, health care facilities and High
Concentration Areas developed under subsection (d);
(M) certification of compliance with subsection
(d), together with a narrative explanation of how and
why the proposed route was changed, or not changed, in
response to feedback received during the consultation
process; and
(N) proof that the full permit application, with
all information required by this subsection, has been
posted on a public website that must be available to
the public without a password, sign-in, or other
registration;
(4) specify standards for review, approval, and denial
by the Agency of applications for a carbon dioxide
pipeline routing permit; the standards for denial must
include, but are not limited to, failure of the applicant
to:
(A) satisfy the routing criteria established under
this Section;
(B) properly implement and interpret the modeling

HB5814 - 73 - LRB103 39997 BDA 71298 b
required under this Section;
(C) satisfy the consultation, permit application,
and public participation requirements established
under this Section;
(D) pay the permit fee established under
subsection (f); or
(E) demonstrate that the proposed pipeline will
not pose an undue risk of harm to humans and animals;
(5) specify procedures for meaningful public
participation in the issuance of carbon dioxide pipeline
routing permits, which shall include, but are not limited
to:
(A) public notice of the submission of carbon
dioxide pipeline routing permit applications, which
shall:
(i) be provided via notice by newspaper of
general circulation in all counties through which
the pipeline is proposed to pass; notice by direct
mail for all properties on, and within 2 miles of,
the proposed pipeline route; notice via email or,
where not available, U.S. mail to all units of
local government consulted under subsection (d);
notice by email to individuals who request to be
included on an email notice list for carbon
dioxide routing permits; and any other mechanisms
determined by the Board; and

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(ii) include general information about the
proposed pipeline, including the proposed route of
the pipeline, the contents of the proposed
pipeline, and the diameter of the pipeline; the
public website where application materials have
been posted; and the fact that public meetings
shall be scheduled to receive input on the
proposed application;
(B) public meetings hosted by the Agency after the
submission of the permit application, in at least 50%
of the counties along the proposed pipeline route,
which shall:
(i) be in-person unless a public health
emergency requires otherwise, except for 2 virtual
meetings;
(ii) be scheduled at different times of the
day or evening to facilitate attendance;
(iii) be noticed in the same manner as the
notice of submission of a permit application under
Subsection (A), with the addition of the date,
time, and location of the hearing and the
opportunity to request interpretation services;
(iv) be attended by representatives of the
applicant who are knowledgeable about the
application;
(v) serve to inform the public of the

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application, answer questions about the
application and carbon dioxide pipelines, and
allow for input relevant to the standards for
issuance of a carbon dioxide pipeline routing
permit;
(vi) provide ample time for public comments
and questions, with a maximum time limit of no
less than 10 minutes per comment and no limit on
the number of comments or questions an attendee
may raise; and
(vii) be recorded and transcribed, with
transcripts posted on a public website that must
be available to the public without a password,
sign-in, or other registration;
(C) an opportunity of no less than 45 days for the
submission of public comments on a draft permit or
permit denial before the final permitting decision;
(D) an opportunity for at least one public hearing
for every 100 miles of pipeline on the draft permit or
permit denial to provide the Agency oral or written
comments for consideration before the final permitting
decision;
(E) a summary and response of the comments
prepared by the Agency; and
(F) a requirement that the draft and final
permitting actions by the Agency and the Agency's

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response to comments be posted on a public website
that must be available to the public without a
password, sign-in, or other registration;
(6) when a carbon dioxide pipeline is proposed to be
located within 2 miles of an area with a significant
proportion of residents with limited English proficiency,
specify further opportunities for public participation,
including, but not limited to, translations of relevant
documents into other languages and interpretation services
at public meetings and hearings;
(7) specify a procedure to identify areas with a
significant proportion of residents with limited English
proficiency for purposes of this Section;
(8) specify the circumstances under which a person
issued a carbon dioxide pipeline routing permit under this
Section must seek a revised permit, which shall include,
but are not limited to, instances where the Commerce
Commission has approved a Certificate of Authority for the
carbon dioxide pipeline under Section 20 of the Carbon
Dioxide Transportation and Sequestration Act with a route
that deviates, or may deviate, in any way from the route
approved by the Agency;
(9) specify the procedures for issuance of a revised
permit, which shall include, but are not limited to,
satisfaction of all requirements of this Section with
respect to any portion of the route that deviates from the

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route approved by the Agency;
(10) specify the circumstances under which the Agency
may revoke a carbon dioxide pipeline routing permit;
(11) set requirements for notification and reporting
by the permittee, including, but not limited to:
(A) notification and reporting to the Agency of
geohazards, infrastructure, or other circumstances
that may affect the safe routing of the pipeline that
were unknown to or misunderstood by the permittee when
submitting the permit application;
(B) immediate notification to the Agency and the
Illinois Emergency Management Agency of any leak from,
or rupture of, the pipeline;
(C) notification and reporting to the Agency of
any changes in the source of the carbon dioxide
transported by the pipeline or the destination of the
carbon dioxide transported by the pipeline; and
(D) notification and reporting to the Agency of
the total annual volume and mass of carbon dioxide
transported by the pipeline; and
(E) notification to local governments, surface
owners, and tenants if, and when, a building,
business, or other area of public use is proposed or
constructed at a location that, if the pipeline
application had not yet been submitted, would result
in the pipeline failing to satisfy routing criteria;

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and
(12) establish requirements for the decommissioning of
carbon dioxide pipelines once they are no longer in use;
in doing so, the Board shall consider circumstances where
the safest or least disruptive manner of decommissioning
is leaving the pipeline in place.
(f) Once the rules required by subsection (e) have been
adopted, the Agency shall calculate the cost it will bear to
implement the carbon dioxide pipeline routing permit program
and shall establish a permit fee sufficient to cover those
costs, which it may update periodically as the costs of
program implementation change.
(g) No adjusted standard, variance, or other regulatory
relief otherwise available under this Act may be granted for
the requirements of this Section.
(415 ILCS 5/9.21 new)
Sec. 9.21. Carbon dioxide capture.
(a) The General Assembly finds that:
(1) The capture of carbon dioxide from industrial
facilities, including, but not limited to, ethanol plants,
methane processing facilities, and electric-generation
facilities requires a significant amount of power to
undertake, the generation of which can increase harmful
air and water pollutants.
(2) The capture of carbon dioxide generally requires

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significant volumes of water that could be used for
domestic, agricultural, recreational, or industrial uses.
(3) The capture of carbon dioxide from industrial and
electric-generation facilities has often failed to meet
objectives for capture and thus allowed more carbon
dioxide pollution into the atmosphere than proposed.
(4) The State has a long-standing policy to restore,
protect, and enhance the environment, including the purity
of the air, land, and waters, such as groundwaters, of
this State.
(5) A clean environment is essential to the growth and
well-being of this State.
(6) The capture of carbon dioxide from industrial and
electric-generation facilities will not achieve the
State's long-standing policy to restore, protect, and
enhance the environment unless clear standards are adopted
to require the reduction of air and water pollution
associated with carbon capture, to limit water use when
other important uses are in jeopardy, and to ensure that
carbon capture does not interfere with the State reaching
its clean energy goals.
(7) Meaningful participation of State residents,
especially vulnerable populations who may be affected by
regulatory actions, is critical to ensure that
environmental justice considerations are incorporated in
the development of, decision-making related to, and

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implementation of environmental laws and rules that
protect and improve the well-being of communities in this
State that bear disproportionate burdens imposed by
environmental pollution.
(a-5) The purpose of this Section is to promote a
healthful environment, including clean water, air, and land,
meaningful public involvement, and to ensure only the
responsible capture of carbon dioxide occurs in the State so
as to protect public health and to prevent pollution of the
environment.
(a-10) The provisions of this Section shall be liberally
construed to carry out the purpose of this Section as stated in
subsection (a-5).
(b) A person who seeks to construct or operate a carbon
dioxide capture project in this State must first obtain a
permit from the Agency in accordance with the rules adopted
under subsection (g).
(c) A person who seeks to capture carbon dioxide from an
industrial or electric-generation facility in this State must,
before seeking a permit in accordance with the rules adopted
under subsection (g), first conduct an environmental impact
analysis. The environmental impact analysis must:
(1) include a statement of the purpose of and need for
the proposed carbon capture project;
(2) include a greenhouse gas (GHG) inventory analysis,
including, but not limited to, Scope 1, 2, and 3 emissions

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set forth in guidance published by the United States
Environmental Protection Agency, of the total GHG
emissions associated with the capture, transportation, and
sequestration of the carbon dioxide proposed to be
captured, which emissions shall be expressed as carbon
dioxide equivalent, consistent with the United States
Environmental Protection Agency rules and guidance;
(3) demonstrate that the total Scope 1, 2, and 3
emissions associated with the capture, transportation, and
sequestration of the carbon dioxide proposed to be
captured, converted into carbon dioxide equivalent
consistent with United States Environmental Protection
Agency rules and guidance, will not exceed the total
amount of carbon dioxide from the capture project that is
sequestered over the life of the capture project;
(4) include a water impact analysis that details:
(A) the water sources likely to be impacted by the
capture of carbon dioxide from the facility;
(B) current uses of those water sources;
(C) potential or certain impacts to those water
sources from capture of carbon dioxide from the
facility, including, but not limited to, impacts on
water quantity, quality, and current uses of water;
(D) the duration of the impacts to water
associated with the capture of carbon dioxide from the
facility; and

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(E) methods the applicant will use to minimize
both water use and impacts to water quality associated
with the carbon capture project.
If the person has previously submitted any of the
information required by this subsection to any State
agency in accordance with another State law, the person
may resubmit those documents, together with any associated
permits, to the Agency so long as the documents are
updated and remain accurate.
(5) include an alternatives analysis that evaluates
other reasonable alternatives for reducing the same
quantity of carbon dioxide as is proposed to be captured
at the facility while fulfilling the purpose and need for
the facility, including, but not limited to:
(A) if the carbon dioxide is proposed to be
captured at a facility that generates electricity,
energy-generation alternatives such as renewable
energy, energy storage, or energy efficiency;
(B) if the carbon dioxide is proposed to be
captured at a facility that produces fuel for motor
vehicles, aircraft, or equipment, alternatives such as
the use of electric vehicles, electric aircraft, or
alternative fuels; and
(C) if the carbon dioxide is proposed to be
captured at an industrial facility, alternative
processes that could reduce the amount of carbon

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dioxide generated from that industry.
For each alternative identified under this paragraph,
the person seeking to capture carbon dioxide shall
complete a greenhouse gas emissions inventory analysis
consistent with paragraph (2) and a water impacts analysis
addressing the factors set out in paragraph (4); and
(6) be developed with public input, including, but not
limited to, by making a draft version of the analysis
available on a public website for not less than 60 days and
accepting comments on the proposed analysis for the
entirety of that 60-day period, together with a public
meeting at least 14 days after the posting of the draft on
the public website that provides a meaningful opportunity
for the public to ask questions, have those questions
answered, and provide comment on the draft; the final
environmental analysis must include responses to public
comments, identify all changes to the analysis made in
response to those comments, and be made available to the
public on a public website.
(d) No permit for the capture of carbon dioxide may be
issued unless:
(1) the Illinois State Water Survey has reviewed the
water impact analysis required under subsection (c) and,
taking into consideration that analysis, information
concerning water supply and uses, and public comments, has
concluded that the proposed carbon capture project will

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not have significant adverse effects on water supply or
current or future potential uses of the water source; and
(2) the permit includes conditions, developed in
consultation with the Illinois State Water Survey and
taking public comments into consideration, under which the
project must reduce the volume or rate of water that may be
used for the capture of carbon dioxide, up to and
including the cessation of water usage for carbon capture.
(e) No permit for the capture of carbon dioxide may be
issued unless the permit applicant demonstrates that there
will be zero non-carbon dioxide air pollution emissions
associated with the carbon dioxide capture project; these
emissions include non-carbon dioxide air pollution emitted
directly by the operation of the carbon dioxide capture
equipment, and any increase in non-carbon dioxide air
pollution emissions at the facility, relative to the baseline,
following installation of the carbon dioxide capture
equipment. The applicant may meet this requirement by
demonstrating that:
(1) pollution control technology will be installed and
operated, or existing control technology will be operated,
so as to eliminate any non-carbon dioxide air emissions
associated with the use of carbon capture; or
(2) the facility will reduce operations sufficient to
eliminate any non-carbon dioxide air emissions associated
with the use of carbon capture.

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The Board shall establish requirements by rule for
determining baseline emissions from each industrial or
electric-generation facility for purposes of determining which
non-carbon dioxide air emissions are associated with the use
of carbon capture at those facilities. For existing
facilities, the baseline shall be calculated using the
12-month average of emissions for the 3 12-month periods
before January 31, 2024. For new facilities, the baseline
shall be determined using the Best Available Control
Technology, as defined in Section 169 of the federal Clean Air
Act, for the relevant air pollutants and facility and assuming
fuel consumption and hours of operation of the facility
consistent with that of facilities of similar size.
(e-1) If the applicant proposes to use amines to capture
carbon dioxide, the applicant must demonstrate that it will:
(1) install and operate the Best Available Control
Technology, as defined in Section 169 of the federal Clean
Air Act, for nitrogen oxides, sulfur dioxide, particulate
matter, and any other pollutant that may combine with
amines to become a nitramine or nitrosamine, either in the
flue gas or once emitted into the atmosphere; and
(2) install and operate equipment or processes that
ensure that no amines, nitramines, or nitrosamines will be
released into the atmosphere.
(f) No permit for a carbon dioxide capture project may be
issued unless:

HB5814 - 86 - LRB103 39997 BDA 71298 b
(1) the applicant identifies the end use or
destination of all carbon dioxide streams from the
proposed project;
(2) if the destination includes sequestration within
the State, the applicant demonstrates that the
sequestration site is permitted in accordance with Section
22.64;
(3) the applicant demonstrates that the project will
capture an annual average of no less than 90% of the total
carbon dioxide emissions from the facility, and the permit
disallows any capture rate lower than the rate
demonstrated by the applicant; and
(4) the permit disallows all non-carbon dioxide air
emissions associated with the use of carbon capture and
specifies each mechanism by which the applicant must meet
that condition.
(g) The Board shall adopt rules establishing permit
requirements under this Section and other standards for carbon
dioxide capture projects. The rules shall be proposed by the
Agency not later than one year after the effective date of this
Act and adopted by the Board not later than 2 years after
receipt of the Agency's proposal. The rules must, at a
minimum:
(1) be no less protective than federal requirements
for air pollution and water pollution that are in effect
on the effective date of this Act and any amendments to

HB5814 - 87 - LRB103 39997 BDA 71298 b
those requirements that may be more protective;
(2) specify the minimum content of applications for a
permit to capture carbon dioxide, which shall include, but
shall not be limited to:
(A) the environmental impacts analyses required
under subsection (c);
(B) identification of whether the proposed carbon
capture project would take place in an area with a
significant proportion of residents with limited
English proficiency; and
(C) documentation and analyses sufficient to
demonstrate compliance with this Section and all
applicable rules adopted under this Section for the
capture of carbon dioxide;
(3) specify:
(A) the frequency at which permits for the capture
of carbon dioxide expire and must be renewed;
(B) the circumstances under which a permittee must
seek a permit modification; and
(C) the circumstances under which the Agency may
temporarily or permanently revoke a permit for the
capture of carbon dioxide;
(4) specify standards for review, approval, and denial
of applications for a permit to capture carbon dioxide by
the Agency; the standards for denial must include, but are
not limited to, failure of the applicant to submit an

HB5814 - 88 - LRB103 39997 BDA 71298 b
application that meets the requirements of this Section or
to satisfy the requirements of subsections (d), (e),
(e-1), or (f);
(5) specify procedures for meaningful public
participation in the issuance of permits for the capture
of carbon dioxide, including, but not limited to:
(A) public notice of the submission of permit
applications, including, but not limited to, notice by
email for interested persons;
(B) a public meeting, hosted by the Agency, to
inform residents about the application and answer
questions about the application and carbon dioxide
capture projects;
(C) posting the full permit application, the draft
and final permitting actions by the Agency, and the
Agency's response to comments on a public website that
must be available to the public without a password,
sign-in, or other registration;
(D) an opportunity for the submission of public
comments on a draft permit or permit denial before the
final permitting decision;
(E) an opportunity for a public hearing on the
draft permit or permit denial before the final
permitting decision; and
(F) a summary of and response to the comments
prepared by the Agency;

HB5814 - 89 - LRB103 39997 BDA 71298 b
(6) when the capture of carbon dioxide is proposed to
take place in an area with a significant proportion of
residents with limited English proficiency, specify
further opportunities for public participation, including,
but not limited to, translations of relevant documents
into other languages and interpretation services at public
meetings and hearings;
(7) specify a procedure to identify areas with a
significant proportion of residents with limited English
proficiency for purposes of this Section;
(8) establish minimum carbon capture efficiency rates
at or above 90% for different industries from which
applicants may seek to capture carbon dioxide, including
rates above 90% for industries in which carbon capture at
rates above 90% is technically achievable and has been
demonstrated;
(9) set out requirements for comprehensive and, where
technically available, continuous monitoring by
permittees, including, but not limited to, monitoring of:
(A) GHG pollution emissions;
(B) non-GHG air pollution emissions, including,
but not limited to, nitrogen oxides, sulfur dioxide,
particulate matter, amines, and nitrosamines; and
(C) water use;
(10) set out requirements for frequent, comprehensive
reporting by permittees to the Agency, including, but not

HB5814 - 90 - LRB103 39997 BDA 71298 b
limited to:
(A) the non-carbon dioxide air emissions
associated with the use of carbon capture, including,
but not limited to, those emissions resulting from the
use of fuel to power the carbon capture process;
(B) GHG emissions associated with the use of
carbon capture;
(C) the total amount, in tons, of carbon dioxide
captured at the facility;
(D) the total amount, in tons, of carbon dioxide
not captured and released into the atmosphere at the
facility;
(E) the carbon dioxide capture rate achieved by
the facility;
(F) the date, time, duration, cause, and amount of
carbon dioxide released rather than captured as a
result of all outages or downtime of capture equipment
at the facility;
(G) information concerning water use and impacts
to water supply and uses associated with the use of
carbon capture at the facility; and
(H) the end use and destination of all carbon
dioxide streams from the project;
(11) establish criteria for the exclusion from
permitting requirements of carbon capture projects
performed for the purpose of, or financed by funding for,

HB5814 - 91 - LRB103 39997 BDA 71298 b
research and development; the criteria shall ensure that
only those projects that capture small amounts of carbon
dioxide and pose minimal risk to human health and the
environment qualify for the exclusion;
(12) establish requirements for determining setbacks
from homes, schools, daycares, hospitals, and other
sensitive locations for capture projects that capture
carbon dioxide directly from the ambient air; and
(13) specify whether the permit requirements for
carbon dioxide capture set out in the rules may be added to
the requirements for a permit that a carbon dioxide
capture permit applicant is otherwise required to obtain,
or whether the applicant must obtain a separate permit for
the capture of carbon dioxide.
(h) Once the rules required by subsection (g) have been
adopted, the Agency shall calculate the cost it will bear to
implement the carbon capture permit program and shall
establish a permit fee sufficient to cover those costs, which
it may update periodically as the costs of program
implementation change.
(i) The permit requirements set forth in this Section are
in addition to any requirements set forth under any other
State or federal law, including, but not limited to, the
federal Clean Air Act, the federal Clean Water Act, the
federal Resource Conservation and Recovery Act, and the
federal Safe Drinking Water Act.

HB5814 - 92 - LRB103 39997 BDA 71298 b
(j) Every 5 years, the Agency shall conduct a review to
identify the carbon dioxide capture efficiency rates being
achieved by different industries and, if higher rates have
become technologically feasible, propose to the Board
revisions to the minimum carbon capture efficiency rates set
out in the rules adopted under this Section.
(k) No adjusted standard, variance, or other regulatory
relief otherwise available under this Act may be granted from
the requirements of this Section.
(415 ILCS 5/21) (from Ch. 111 1/2, par. 1021)
Sec. 21. Prohibited acts. No person shall:
(a) Cause or allow the open dumping of any waste.
(b) Abandon, dump, or deposit any waste upon the public
highways or other public property, except in a sanitary
landfill approved by the Agency pursuant to regulations
adopted by the Board.
(c) Abandon any vehicle in violation of the "Abandoned
Vehicles Amendment to the Illinois Vehicle Code", as enacted
by the 76th General Assembly.
(d) Conduct any waste-storage, waste-treatment, or
waste-disposal operation:
(1) without a permit granted by the Agency or in
violation of any conditions imposed by such permit,
including periodic reports and full access to adequate
records and the inspection of facilities, as may be

HB5814 - 93 - LRB103 39997 BDA 71298 b
necessary to assure compliance with this Act and with
regulations and standards adopted thereunder; provided,
however, that, except for municipal solid waste landfill
units that receive waste on or after October 9, 1993, and
CCR surface impoundments, no permit shall be required for
(i) any person conducting a waste-storage,
waste-treatment, or waste-disposal operation for wastes
generated by such person's own activities which are
stored, treated, or disposed within the site where such
wastes are generated, (ii) until one year after the
effective date of rules adopted by the Board under
subsection (n) of Section 22.38, a facility located in a
county with a population over 700,000 as of January 1,
2000, operated and located in accordance with Section
22.38 of this Act, and used exclusively for the transfer,
storage, or treatment of general construction or
demolition debris, provided that the facility was
receiving construction or demolition debris on August 24,
2009 (the effective date of Public Act 96-611), or (iii)
any person conducting a waste transfer, storage,
treatment, or disposal operation, including, but not
limited to, a waste transfer or waste composting
operation, under a mass animal mortality event plan
created by the Department of Agriculture;
(2) in violation of any regulations or standards
adopted by the Board under this Act;

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(3) which receives waste after August 31, 1988, does
not have a permit issued by the Agency, and is (i) a
landfill used exclusively for the disposal of waste
generated at the site, (ii) a surface impoundment
receiving special waste not listed in an NPDES permit,
(iii) a waste pile in which the total volume of waste is
greater than 100 cubic yards or the waste is stored for
over one year, or (iv) a land treatment facility receiving
special waste generated at the site; without giving notice
of the operation to the Agency by January 1, 1989, or 30
days after the date on which the operation commences,
whichever is later, and every 3 years thereafter. The form
for such notification shall be specified by the Agency,
and shall be limited to information regarding: the name
and address of the location of the operation; the type of
operation; the types and amounts of waste stored, treated
or disposed of on an annual basis; the remaining capacity
of the operation; and the remaining expected life of the
operation.
Item (3) of this subsection (d) shall not apply to any
person engaged in agricultural activity who is disposing of a
substance that constitutes solid waste, if the substance was
acquired for use by that person on his own property, and the
substance is disposed of on his own property in accordance
with regulations or standards adopted by the Board.
This subsection (d) shall not apply to hazardous waste.

HB5814 - 95 - LRB103 39997 BDA 71298 b
(e) Dispose, treat, store or abandon any waste, or
transport any waste into this State for disposal, treatment,
storage or abandonment, except at a site or facility which
meets the requirements of this Act and of regulations and
standards thereunder.
(f) Conduct any hazardous waste-storage, hazardous
waste-treatment or hazardous waste-disposal operation:
(1) without a RCRA permit for the site issued by the
Agency under subsection (d) of Section 39 of this Act, or
in violation of any condition imposed by such permit,
including periodic reports and full access to adequate
records and the inspection of facilities, as may be
necessary to assure compliance with this Act and with
regulations and standards adopted thereunder; or
(2) in violation of any regulations or standards
adopted by the Board under this Act; or
(3) in violation of any RCRA permit filing requirement
established under standards adopted by the Board under
this Act; or
(4) in violation of any order adopted by the Board
under this Act.
Notwithstanding the above, no RCRA permit shall be
required under this subsection or subsection (d) of Section 39
of this Act for any person engaged in agricultural activity
who is disposing of a substance which has been identified as a
hazardous waste, and which has been designated by Board

HB5814 - 96 - LRB103 39997 BDA 71298 b
regulations as being subject to this exception, if the
substance was acquired for use by that person on his own
property and the substance is disposed of on his own property
in accordance with regulations or standards adopted by the
Board.
(g) Conduct any hazardous waste-transportation operation:
(1) without registering with and obtaining a special
waste hauling permit from the Agency in accordance with
the regulations adopted by the Board under this Act; or
(2) in violation of any regulations or standards
adopted by the Board under this Act.
(h) Conduct any hazardous waste-recycling or hazardous
waste-reclamation or hazardous waste-reuse operation in
violation of any regulations, standards or permit requirements
adopted by the Board under this Act.
(i) Conduct any process or engage in any act which
produces hazardous waste in violation of any regulations or
standards adopted by the Board under subsections (a) and (c)
of Section 22.4 of this Act.
(j) Conduct any special waste-transportation operation in
violation of any regulations, standards or permit requirements
adopted by the Board under this Act. However, sludge from a
water or sewage treatment plant owned and operated by a unit of
local government which (1) is subject to a sludge management
plan approved by the Agency or a permit granted by the Agency,
and (2) has been tested and determined not to be a hazardous

HB5814 - 97 - LRB103 39997 BDA 71298 b
waste as required by applicable State and federal laws and
regulations, may be transported in this State without a
special waste hauling permit, and the preparation and carrying
of a manifest shall not be required for such sludge under the
rules of the Pollution Control Board. The unit of local
government which operates the treatment plant producing such
sludge shall file an annual report with the Agency identifying
the volume of such sludge transported during the reporting
period, the hauler of the sludge, and the disposal sites to
which it was transported. This subsection (j) shall not apply
to hazardous waste.
(k) Fail or refuse to pay any fee imposed under this Act.
(l) Locate a hazardous waste disposal site above an active
or inactive shaft or tunneled mine or within 2 miles of an
active fault in the earth's crust. In counties of population
less than 225,000 no hazardous waste disposal site shall be
located (1) within 1 1/2 miles of the corporate limits as
defined on June 30, 1978, of any municipality without the
approval of the governing body of the municipality in an
official action; or (2) within 1000 feet of an existing
private well or the existing source of a public water supply
measured from the boundary of the actual active permitted site
and excluding existing private wells on the property of the
permit applicant. The provisions of this subsection do not
apply to publicly owned sewage works or the disposal or
utilization of sludge from publicly owned sewage works.

HB5814 - 98 - LRB103 39997 BDA 71298 b
(m) Transfer interest in any land which has been used as a
hazardous waste disposal site without written notification to
the Agency of the transfer and to the transferee of the
conditions imposed by the Agency upon its use under subsection
(g) of Section 39.
(n) Use any land which has been used as a hazardous waste
disposal site except in compliance with conditions imposed by
the Agency under subsection (g) of Section 39.
(o) Conduct a sanitary landfill operation which is
required to have a permit under subsection (d) of this
Section, in a manner which results in any of the following
conditions:
(1) refuse in standing or flowing waters;
(2) leachate flows entering waters of the State;
(3) leachate flows exiting the landfill confines (as
determined by the boundaries established for the landfill
by a permit issued by the Agency);
(4) open burning of refuse in violation of Section 9
of this Act;
(5) uncovered refuse remaining from any previous
operating day or at the conclusion of any operating day,
unless authorized by permit;
(6) failure to provide final cover within time limits
established by Board regulations;
(7) acceptance of wastes without necessary permits;
(8) scavenging as defined by Board regulations;

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(9) deposition of refuse in any unpermitted portion of
the landfill;
(10) acceptance of a special waste without a required
manifest;
(11) failure to submit reports required by permits or
Board regulations;
(12) failure to collect and contain litter from the
site by the end of each operating day;
(13) failure to submit any cost estimate for the site
or any performance bond or other security for the site as
required by this Act or Board rules.
The prohibitions specified in this subsection (o) shall be
enforceable by the Agency either by administrative citation
under Section 31.1 of this Act or as otherwise provided by this
Act. The specific prohibitions in this subsection do not limit
the power of the Board to establish regulations or standards
applicable to sanitary landfills.
(p) In violation of subdivision (a) of this Section, cause
or allow the open dumping of any waste in a manner which
results in any of the following occurrences at the dump site:
(1) litter;
(2) scavenging;
(3) open burning;
(4) deposition of waste in standing or flowing waters;
(5) proliferation of disease vectors;
(6) standing or flowing liquid discharge from the dump

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site;
(7) deposition of:
(i) general construction or demolition debris as
defined in Section 3.160(a) of this Act; or
(ii) clean construction or demolition debris as
defined in Section 3.160(b) of this Act.
The prohibitions specified in this subsection (p) shall be
enforceable by the Agency either by administrative citation
under Section 31.1 of this Act or as otherwise provided by this
Act. The specific prohibitions in this subsection do not limit
the power of the Board to establish regulations or standards
applicable to open dumping.
(q) Conduct a landscape waste composting operation without
an Agency permit, provided, however, that no permit shall be
required for any person:
(1) conducting a landscape waste composting operation
for landscape wastes generated by such person's own
activities which are stored, treated, or disposed of
within the site where such wastes are generated; or
(1.5) conducting a landscape waste composting
operation that (i) has no more than 25 cubic yards of
landscape waste, composting additives, composting
material, or end-product compost on-site at any one time
and (ii) is not engaging in commercial activity; or
(2) applying landscape waste or composted landscape
waste at agronomic rates; or

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(2.5) operating a landscape waste composting facility
at a site having 10 or more occupied non-farm residences
within 1/2 mile of its boundaries, if the facility meets
all of the following criteria:
(A) the composting facility is operated by the
farmer on property on which the composting material is
utilized, and the composting facility constitutes no
more than 2% of the site's total acreage;
(A-5) any composting additives that the composting
facility accepts and uses at the facility are
necessary to provide proper conditions for composting
and do not exceed 10% of the total composting material
at the facility at any one time;
(B) the property on which the composting facility
is located, and any associated property on which the
compost is used, is principally and diligently devoted
to the production of agricultural crops and is not
owned, leased, or otherwise controlled by any waste
hauler or generator of nonagricultural compost
materials, and the operator of the composting facility
is not an employee, partner, shareholder, or in any
way connected with or controlled by any such waste
hauler or generator;
(C) all compost generated by the composting
facility, except incidental sales of finished compost,
is applied at agronomic rates and used as mulch,

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fertilizer, or soil conditioner on land actually
farmed by the person operating the composting
facility, and the finished compost is not stored at
the composting site for a period longer than 18 months
prior to its application as mulch, fertilizer, or soil
conditioner;
(D) no fee is charged for the acceptance of
materials to be composted at the facility; and
(E) the owner or operator, by January 1, 2014 (or
the January 1 following commencement of operation,
whichever is later) and January 1 of each year
thereafter, registers the site with the Agency, (ii)
reports to the Agency on the volume of composting
material received and used at the site; (iii)
certifies to the Agency that the site complies with
the requirements set forth in subparagraphs (A),
(A-5), (B), (C), and (D) of this paragraph (2.5); and
(iv) certifies to the Agency that all composting
material was placed more than 200 feet from the
nearest potable water supply well, was placed outside
the boundary of the 10-year floodplain or on a part of
the site that is floodproofed, was placed at least 1/4
mile from the nearest residence (other than a
residence located on the same property as the
facility) or a lesser distance from the nearest
residence (other than a residence located on the same

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property as the facility) if the municipality in which
the facility is located has by ordinance approved a
lesser distance than 1/4 mile, and was placed more
than 5 feet above the water table; any ordinance
approving a residential setback of less than 1/4 mile
that is used to meet the requirements of this
subparagraph (E) of paragraph (2.5) of this subsection
must specifically reference this paragraph; or
(3) operating a landscape waste composting facility on
a farm, if the facility meets all of the following
criteria:
(A) the composting facility is operated by the
farmer on property on which the composting material is
utilized, and the composting facility constitutes no
more than 2% of the property's total acreage, except
that the Board may allow a higher percentage for
individual sites where the owner or operator has
demonstrated to the Board that the site's soil
characteristics or crop needs require a higher rate;
(A-1) the composting facility accepts from other
agricultural operations for composting with landscape
waste no materials other than uncontaminated and
source-separated (i) crop residue and other
agricultural plant residue generated from the
production and harvesting of crops and other customary
farm practices, including, but not limited to, stalks,

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leaves, seed pods, husks, bagasse, and roots and (ii)
plant-derived animal bedding, such as straw or
sawdust, that is free of manure and was not made from
painted or treated wood;
(A-2) any composting additives that the composting
facility accepts and uses at the facility are
necessary to provide proper conditions for composting
and do not exceed 10% of the total composting material
at the facility at any one time;
(B) the property on which the composting facility
is located, and any associated property on which the
compost is used, is principally and diligently devoted
to the production of agricultural crops and is not
owned, leased or otherwise controlled by any waste
hauler or generator of nonagricultural compost
materials, and the operator of the composting facility
is not an employee, partner, shareholder, or in any
way connected with or controlled by any such waste
hauler or generator;
(C) all compost generated by the composting
facility, except incidental sales of finished compost,
is applied at agronomic rates and used as mulch,
fertilizer or soil conditioner on land actually farmed
by the person operating the composting facility, and
the finished compost is not stored at the composting
site for a period longer than 18 months prior to its

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application as mulch, fertilizer, or soil conditioner;
(D) the owner or operator, by January 1 of each
year, (i) registers the site with the Agency, (ii)
reports to the Agency on the volume of composting
material received and used at the site and the volume
of material comprising the incidental sale of finished
compost under this subsection (q), (iii) certifies to
the Agency that the site complies with the
requirements set forth in subparagraphs (A), (A-1),
(A-2), (B), and (C) of this paragraph (q)(3), and (iv)
certifies to the Agency that all composting material:
(I) was placed more than 200 feet from the
nearest potable water supply well;
(II) was placed outside the boundary of the
10-year floodplain or on a part of the site that is
floodproofed;
(III) was placed either (aa) at least 1/4 mile
from the nearest residence (other than a residence
located on the same property as the facility) and
there are not more than 10 occupied non-farm
residences within 1/2 mile of the boundaries of
the site on the date of application or (bb) a
lesser distance from the nearest residence (other
than a residence located on the same property as
the facility) provided that the municipality or
county in which the facility is located has by

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ordinance approved a lesser distance than 1/4 mile
and there are not more than 10 occupied non-farm
residences within 1/2 mile of the boundaries of
the site on the date of application; and
(IV) was placed more than 5 feet above the
water table.
Any ordinance approving a residential setback of
less than 1/4 mile that is used to meet the
requirements of this subparagraph (D) must
specifically reference this subparagraph.
For the purposes of this subsection (q), "agronomic rates"
means the application of not more than 20 tons per acre per
year, except that the Board may allow a higher rate for
individual sites where the owner or operator has demonstrated
to the Board that the site's soil characteristics or crop
needs require a higher rate.
For the purposes of this subsection (q), "incidental sale
of finished compost" means the sale of finished compost that
meets general use compost standards and is no more than 20% or
300 cubic yards, whichever is less, of the total compost
created annually by a private landowner for the landowner's
own use.
(r) Cause or allow the storage or disposal of coal
combustion waste unless:
(1) such waste is stored or disposed of at a site or
facility for which a permit has been obtained or is not

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otherwise required under subsection (d) of this Section;
or
(2) such waste is stored or disposed of as a part of
the design and reclamation of a site or facility which is
an abandoned mine site in accordance with the Abandoned
Mined Lands and Water Reclamation Act; or
(3) such waste is stored or disposed of at a site or
facility which is operating under NPDES and Subtitle D
permits issued by the Agency pursuant to regulations
adopted by the Board for mine-related water pollution and
permits issued pursuant to the federal Surface Mining
Control and Reclamation Act of 1977 (P.L. 95-87) or the
rules and regulations thereunder or any law or rule or
regulation adopted by the State of Illinois pursuant
thereto, and the owner or operator of the facility agrees
to accept the waste; and either:
(i) such waste is stored or disposed of in
accordance with requirements applicable to refuse
disposal under regulations adopted by the Board for
mine-related water pollution and pursuant to NPDES and
Subtitle D permits issued by the Agency under such
regulations; or
(ii) the owner or operator of the facility
demonstrates all of the following to the Agency, and
the facility is operated in accordance with the
demonstration as approved by the Agency: (1) the

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disposal area will be covered in a manner that will
support continuous vegetation, (2) the facility will
be adequately protected from wind and water erosion,
(3) the pH will be maintained so as to prevent
excessive leaching of metal ions, and (4) adequate
containment or other measures will be provided to
protect surface water and groundwater from
contamination at levels prohibited by this Act, the
Illinois Groundwater Protection Act, or regulations
adopted pursuant thereto.
Notwithstanding any other provision of this Title, the
disposal of coal combustion waste pursuant to item (2) or (3)
of this subdivision (r) shall be exempt from the other
provisions of this Title V, and notwithstanding the provisions
of Title X of this Act, the Agency is authorized to grant
experimental permits which include provision for the disposal
of wastes from the combustion of coal and other materials
pursuant to items (2) and (3) of this subdivision (r).
(s) After April 1, 1989, offer for transportation,
transport, deliver, receive or accept special waste for which
a manifest is required, unless the manifest indicates that the
fee required under Section 22.8 of this Act has been paid.
(t) Cause or allow a lateral expansion of a municipal
solid waste landfill unit on or after October 9, 1993, without
a permit modification, granted by the Agency, that authorizes
the lateral expansion.

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(u) Conduct any vegetable by-product treatment, storage,
disposal or transportation operation in violation of any
regulation, standards or permit requirements adopted by the
Board under this Act. However, no permit shall be required
under this Title V for the land application of vegetable
by-products conducted pursuant to Agency permit issued under
Title III of this Act to the generator of the vegetable
by-products. In addition, vegetable by-products may be
transported in this State without a special waste hauling
permit, and without the preparation and carrying of a
manifest.
(v) (Blank).
(w) Conduct any generation, transportation, or recycling
of construction or demolition debris, clean or general, or
uncontaminated soil generated during construction, remodeling,
repair, and demolition of utilities, structures, and roads
that is not commingled with any waste, without the maintenance
of documentation identifying the hauler, generator, place of
origin of the debris or soil, the weight or volume of the
debris or soil, and the location, owner, and operator of the
facility where the debris or soil was transferred, disposed,
recycled, or treated. This documentation must be maintained by
the generator, transporter, or recycler for 3 years. This
subsection (w) shall not apply to (1) a permitted pollution
control facility that transfers or accepts construction or
demolition debris, clean or general, or uncontaminated soil

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for final disposal, recycling, or treatment, (2) a public
utility (as that term is defined in the Public Utilities Act)
or a municipal utility, (3) the Illinois Department of
Transportation, or (4) a municipality or a county highway
department, with the exception of any municipality or county
highway department located within a county having a population
of over 3,000,000 inhabitants or located in a county that is
contiguous to a county having a population of over 3,000,000
inhabitants; but it shall apply to an entity that contracts
with a public utility, a municipal utility, the Illinois
Department of Transportation, or a municipality or a county
highway department. The terms "generation" and "recycling", as
used in this subsection, do not apply to clean construction or
demolition debris when (i) used as fill material below grade
outside of a setback zone if covered by sufficient
uncontaminated soil to support vegetation within 30 days of
the completion of filling or if covered by a road or structure,
(ii) solely broken concrete without protruding metal bars is
used for erosion control, or (iii) milled asphalt or crushed
concrete is used as aggregate in construction of the shoulder
of a roadway. The terms "generation" and "recycling", as used
in this subsection, do not apply to uncontaminated soil that
is not commingled with any waste when (i) used as fill material
below grade or contoured to grade, or (ii) used at the site of
generation.
(x) Conduct any carbon sequestration operation:

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(1) without a permit granted by the Agency in
accordance with Section 22.64 and any rules adopted under
that Section, or in violation of any condition imposed by
the permit, including periodic reports and full access to
adequate records and the inspection of facilities as may
be necessary to ensure compliance with this Act and any
rules or standards adopted under this Act;
(2) in violation of this Act or any rules or standards
adopted by the Board under this Act;
(3) in violation of any order adopted by the Board
under this Act;
(4) which sequesters carbon dioxide in, or where
carbon dioxide is injected into a well that passes
through, a sole-source aquifer designated by the United
States Environmental Protection Agency under the federal
Safe Drinking Water Act, including, but not limited to,
the Mahomet Aquifer;
(5) where the area of review is less than 6.2 miles in
any direction from the epicenter of any recorded
earthquake, natural or induced, with a magnitude of 3.0 or
greater;
(6) using an injection well that is or was classified
as a Class II well, as defined in 40 CFR Part 146; or
(7) in any pore space within an area of review
underlying any federal, State, or local protected areas,
including, but not limited to, areas designed as a:

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(A) National Park;
(B) National Forest;
(C) National Grassland;
(D) National Wildlife Refuge;
(E) National Historic Site;
(F) U.S. Wilderness Area;
(G) U.S. Fish and Wildlife Service protected area;
(H) U.S. Army Corps of Engineers protected area;
(I) State Park;
(J) State Recreation Area;
(K) State Forest;
(L) State Historic Site;
(M) State Fish and Wildlife Area;
(N) State Nature Preserve;
(O) State Wildlife Management Area;
(P) State Memorial;
(Q) County Forest Preserve district;
(R) County park; or
(S) County, State, or private zoo.
(y) Inject any concentrated carbon dioxide fluid produced
by a carbon dioxide capture project into a Class II well for
purposes of enhanced oil or gas recovery, including, but not
limited to, the facilitation of enhanced oil or gas recovery
from another well.
(z) Sell or transport concentrated carbon dioxide fluid
produced by a carbon dioxide capture project for use in

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enhanced oil or gas recovery.
(aa) Conduct any activity, including, but not limited to,
operating a Class II or any other injection well, performing
hydraulic fracturing, or engaging in conventional oil or gas
drilling or operations within or outside the area of review of
a sequestration facility, that may affect the pore-pressure of
a formation used for geological storage of carbon dioxide
without notifying the Agency and demonstrating to the
satisfaction of the Agency that the activity shall not expand
the area of review, compromise the integrity of well
penetrations and the confining zone within the area of review,
or induce seismicity within or outside the area of review to a
degree that could cause damage to well penetrations or
confining layers within the area of review.
(Source: P.A. 102-216, eff. 1-1-22; 102-310, eff. 8-6-21;
102-558, eff. 8-20-21; 102-813, eff. 5-13-22; 103-342, eff.
1-1-24.)
(415 ILCS 5/22.64 new)
Sec. 22.64. Carbon sequestration.
(a) The General Assembly finds that:
(1) The State has a long-standing policy to restore,
protect, and enhance the environment, including the purity
of the air, land, and waters, including groundwaters, of
this State.
(2) A clean environment is essential to the growth and

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well-being of this State.
(3) The sequestration of carbon in underground
formations poses a significant and long-term risk to the
air, land, and waters, including groundwater, of the State
unless the State adopts clear standards to ensure that no
sequestered carbon escapes the underground formation into
which it is injected.
(4) Meaningful participation of State residents,
especially vulnerable populations who may be affected by
regulatory actions, is critical to ensure that
environmental justice considerations are incorporated in
the development of, decision-making related to, and
implementation of environmental laws and rulemaking that
protects and improves the well-being of communities in
this State that bear disproportionate burdens imposed by
environmental pollution.
(a-5) The purpose of this Section is to promote a
healthful environment, including clean water, air, and land,
meaningful public involvement, and to ensure only responsible
sequestration of carbon dioxide occurs in the State so as to
protect public health and to prevent pollution of the
environment.
(a-10) The provisions of this Section shall be liberally
construed to carry out the purposes of this Section.
(b) Any person seeking to sequester carbon dioxide in this
State must first obtain a carbon sequestration permit from the

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Agency in accordance with the rules developed under subsection
(g).
(c) Except for persons who seek to sequester carbon
dioxide captured only from capture projects located in the
State, any person seeking to sequester carbon dioxide in this
State must, before seeking a carbon sequestration permit in
accordance with the rules developed under subsection (g),
first conduct an environmental impact analysis. The
environmental impact analysis must:
(1) include a statement of purpose and need for the
proposed carbon sequestration project;
(2) include a GHG inventory analysis, including, but
not limited to, Scope 1, 2, and 3 emissions set forth in
guidance published by the United States Environmental
Protection Agency, of the total GHG emissions associated
with the capture, transportation, and sequestration of the
carbon dioxide proposed to be sequestered, which emissions
shall be expressed as carbon dioxide equivalent,
consistent with United States Environmental Protection
Agency rules and guidance;
(3) demonstrate that the total Scope 1, 2, and 3 GHG
emissions associated with the capture, transport, and
sequestration of the carbon dioxide proposed to be
sequestered, converted into carbon dioxide equivalent
consistent with United States Environmental Protection
Agency rules and guidance, will not exceed the total

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amount of carbon dioxide that is sequestered over the life
of the sequestration project;
(4) include an alternatives analysis that evaluates
other reasonable alternatives for achieving the same
volume of carbon dioxide emissions reductions as are
proposed to be achieved through carbon sequestration,
including, but not limited to:
(A) if the carbon dioxide was captured at a
facility that generates electricity, energy-generation
alternatives such as renewable energy, energy storage,
or energy efficiency;
(B) if the carbon dioxide was captured at a
facility that produces fuel for motor vehicles,
aircraft, or equipment, alternatives such as the use
of electric vehicles, electric aircraft, or
alternative fuels; and
(C) if the carbon dioxide was captured at an
industrial facility, alternative processes that could
reduce the amount of carbon dioxide generated.
For each alternative identified under this paragraph,
the person seeking to sequester carbon dioxide shall
complete a GHG inventory analysis of the alternative
consistent with paragraph (2); and
(5) be developed with public input, including by
making a draft version of the analysis available on a
public website for not less than 60 days and accepting

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comments on the proposed analysis for the entirety of that
60-day period, together with a public meeting at least 14
days after the posting of the draft on the public website
that provides a meaningful opportunity for the public to
ask questions, have those questions answered, and provide
comment on the draft; the final environmental analysis
must include responses to public comments, identify all
changes to the analysis made in response to those
comments, and be made available to the public on a public
website.
(d) Any person seeking to sequester carbon dioxide in this
State must, before seeking a carbon sequestration permit in
accordance with the rules developed under subsection (g),
first:
(1) conduct an area of review analysis that identifies
any faults, fractures, cracks, abandoned or operating
wells, seismic activity, or other features of the area of
review that could interfere with containment of carbon
dioxide and, if any such feature is present, demonstrates
that the feature will not interfere with carbon dioxide
containment; and
(2) at least 30 days before filing the application for
a carbon sequestration permit in accordance with this
Section, send by certified U.S. Mail a notice to all
owners of real property overlying the Area of Review of
the person or entity's intent to file an application for a

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carbon sequestration permit; the notice shall include a
map of the Area of Review identifying the intended
location of the carbon dioxide injection well and
confining zone, together with the link to the public
website at which the permit application will be posted.
(e) Any person who applies for or is granted a permit for
carbon sequestration under this Section shall post with the
Agency a performance bond or other security in accordance with
this Act and the rules developed under subsection (g). The
only acceptable forms of financial assurance are a trust fund,
a surety bond guaranteeing payment, a surety bond guaranteeing
performance, or an irrevocable letter of credit. Financial
assurance must be sufficient to cover the cost of actions set
out in 40 CFR 146.85(a)(2)-(3) and must be maintained by the
permittee until the end of the post-injection site care
period.
The Agency may enter into contracts and agreements it
deems necessary to carry out the purposes of this Section,
including, but not limited to, interagency agreements with the
Illinois State Geological Society, Illinois Department of
Natural Resources, or other agencies of the State. Neither the
State nor any State employee shall be liable for any damages or
injuries arising out of or resulting from any action taken
under this Section.
The Agency may approve or disapprove any performance bond
or other security posted under this subsection. Any person

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whose performance bond or other security is disapproved by the
Agency may contest the disapproval as a permit denial appeal
under Section 40.
(f) Every applicant for a permit for carbon sequestration
under this Section shall first register with the Agency at
least 60 days before applying for a permit. The Agency shall
make available a registration form within 90 days after the
effective date of this Act. The registration form shall
require the following information:
(1) the name and address of the registrant and any
parent, subsidiary, or affiliate thereof;
(2) disclosure of all findings of a serious violation
or an equivalent violation under federal or State laws,
rules, or regulations concerning the development or
operation of a carbon dioxide injection well, a carbon
dioxide pipeline, or an oil or gas exploration or
production site, by the applicant or any parent,
subsidiary, or affiliate thereof within the previous 5
years; and
(3) proof of insurance to cover injuries, damages, or
losses related to a release of carbon dioxide from the
confining zone in the amount of at least $250,000,000,
from an insurance carrier authorized, licensed, or
permitted to do business in this State and that holds at
least an A- rating by an American credit rating agency
that focuses on the insurance industry.

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A registrant must notify the Department of any change in
the information identified in paragraph (1), (2), or (3) no
later than one month after the change, or sooner upon request
of the Agency.
If granted a carbon sequestration permit under this
Section, the permittee must maintain insurance in accordance
with paragraph (3) throughout the period during which carbon
dioxide is injected into the sequestration site and at least
100 years thereafter.
(g) The Board shall adopt rules establishing permit
requirements and other standards for carbon sequestration. The
Board's rules shall address, but are not limited to, the
following issues: applicability; required permit information;
minimum criteria for siting; corrective action; financial
responsibility; testing and monitoring requirements; reporting
requirements; post-injection site care and site closure;
emergency and remedial response; and security protections for
injection wells, monitors, and other associated infrastructure
to prevent tampering with sequestration-related equipment.
Not later than one year after the effective date of this
Act the Agency shall propose, and not later than 2 years after
receipt of the Agency's proposal the Board shall adopt, the
rules required under this Section. The rules must, at a
minimum:
(1) be at least as protective as federal rules and
regulations governing Class VI injection wells, that were

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published in the Federal Register on December 10, 2010, by
the Administrator of the United States Environmental
Protection Agency and codified at 40 CFR 146;
(2) specify the minimum contents of carbon
sequestration permit applications, which shall include:
(A) where applicable, the environmental impact
analyses required under subsection (c) and the area of
review analysis required under subsection (d);
(B) the Class VI permit, issued by the United
States Environmental Protection Agency or a State
agency authorized to issue Class VI permits for carbon
dioxide sequestration, for the sequestration facility
seeking a carbon sequestration permit;
(C) a proposed seismic monitoring plan in
accordance with the rules developed under subsection
(k) and a probabilistic seismic hazard analysis,
including, but not limited to, a review of prior
induced seismicity in the area of review associated
with injection of fluids or gasses within or outside
the area of review, together with predictions,
produced by computer modeling, of the induced
seismicity likely to result from the proposed
sequestration project in addition to seismicity
already occurring or likely to occur at the site due to
other activities or natural forces within or outside
the area of review;

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(D) computer simulation data and report
demonstrating that the sequestration project will
satisfy the permanence standard required by this
Section; and
(E) documentation and analyses sufficient to
demonstrate compliance with all applicable rules for
carbon sequestration adopted under this Section.
(3) specify the frequency at which carbon
sequestration permits expire and must be renewed, the
circumstances under which a permittee must seek a permit
modification, and the circumstances under which the Agency
may temporarily or permanently revoke a carbon
sequestration permit;
(4) specify the circumstances under which a carbon
sequestration permit may be transferred, including, but
not limited to: (A) prohibiting the transfer of a carbon
sequestration permit unless (i) the transferee has
demonstrated, to the satisfaction of the Agency, that it
has met the financial assurance and insurance requirements
set out in this Section and that it has the capacity to
carry out the requirements of the permit; and (B)
requiring the transferee to provide notice by direct mail
to all surface owners above the area of review for a
sequestration facility of any transfers of the carbon
sequestration permit for that facility;
(5) specify standards for review, approval, and denial

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by the Agency of carbon sequestration permit applications;
(6) specify meaningful public participation procedures
for the issuance of carbon sequestration permits,
including, but not limited to:
(A) public notice of the submission of permit
applications;
(B) posting of the full permit application, all
documentation and analyses the applicant relied on to
come to any calculations or judgments asserted or
implied in the permit application, the draft and final
permitting actions by the Agency, and the Agency's
response to comments on a public website that must be
available to the public without a password, sign-in,
or other registration;
(C) an opportunity for the submission of public
comments;
(D) an opportunity for a public hearing prior to
permit issuance; and
(E) a summary and response of the comments
prepared by the Agency; when the sequestration is
proposed to take place in an area with a significant
proportion of residents with limited English
proficiency, or otherwise of environmental justice
concern, the rules shall specify further opportunities
for public participation, including, but not limited
to, public meetings, translations of relevant

HB5814 - 124 - LRB103 39997 BDA 71298 b
documents into other languages, and interpretation
services at public meetings and hearings;
(7) prescribe the type and amount of the performance
bonds or other securities required under subsection (e)
and the conditions under which the State is entitled to
collect moneys from such performance bonds or other
securities;
(8) specify a procedure to identify areas with a
significant proportion of residents with limited English
proficiency proximate to sequestration facilities;
(9) prohibit carbon dioxide sequestration unless the
permit applicant demonstrates that:
(A) the area of review in which the applicant
proposes to sequester carbon dioxide is not in a
location in which carbon sequestration could pose an
undue risk of harm to human health or the environment,
taking into account the cumulative risks posed by the
proposed sequestration project in conjunction with
other existing or proposed sequestration projects,
injection wells, oil or gas extraction wells,
underground natural gas storage projects, or other
activities affecting subsurface pressure;
(B) the area of review in which the applicant
proposes to sequester carbon dioxide does not
intersect with an aquifer containing groundwater
classified as Class 1, Class 2, or Class 3 under 35

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Ill. Adm. Code Part 620, Subpart B;
(C) the area of review in which the applicant
proposes to sequester carbon dioxide does not
intersect with any aquifer that is hydraulically
connected to aquifers containing groundwater
classified as Class I, II, III under 35 Ill. Adm. Code
Part 620, Subpart B;
(D) the area of review in which the applicant
proposes to sequester carbon dioxide does not contain
any faults, fractures, well penetrations, mine shafts,
quarries, or other features that could interfere with
containment of carbon dioxide; and
(E) the sequestration project, in combination with
any natural seismicity and other activities that
create induced seismicity, will not create a level of
seismic activity that poses a risk of harm to public
health and safety, either directly or indirectly via
damage to well penetrations, equipment, confining
layers, or other infrastructure or geology that plays
a role in keeping carbon dioxide within the area of
review;
(F) submits all documentation and analyses the
applicant relies on in making the demonstrations
required by this paragraph (9);
(10) require that monitoring of carbon sequestration
facilities be conducted by a third-party contractor;

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(11) establish minimum qualifications for third-party
contractors to conduct monitoring;
(12) specify the types of monitors and frequency of
monitoring to be performed at carbon sequestration
facilities, which, in addition to monitoring required
under 40 CFR 146, shall include: (i) surface air
monitoring, soil gas monitoring, seismicity monitoring,
and any other types of monitoring the Board determines are
appropriate to protect health and the environment and (ii)
after a sequestration facility receives authorization for
site closure from the Administrator of the United States
Environmental Protection Agency or a State agency
authorized to issue Class VI permits under the federal
Safe Drinking Water Act, annual imaging of the carbon
dioxide plume to determine the location of the injected
carbon dioxide;
(13) setting out requirements to ensure that carbon
dioxide injection wells are located far enough away from
residences, schools, daycare facilities, hospitals or
other healthcare facilities, places of worship,
businesses, or other facilities where many people
congregate, to minimize damage and ensure that persons in
those locations have adequate time to evacuate or be
rescued in the event of an injection well blowout or leak;
the requirements shall include, but are not limited to, a
requirement that sequestration permit applicants use

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computerized fluid dynamic modeling or more accurate
modeling to predict the impacts of a well blowout or leak;
(14) establish a permanence standard of no more than
1% of carbon dioxide leakage from the confining zone over
a thousand-year period, together with mandates for
corrective measures, including, but not limited to,
cessation of injection, when monitoring or modeling
indicate exceedance of the permanence standard is likely
or has already occurred;
(15) set out requirements for computer simulations, to
be completed every time the area of review is reevaluated
or every 5 years, whichever is more frequent, to project
whether the sequestration project will meet the permanence
standard;
(16) set the minimum duration of the post-injection
site care period at no fewer than 100 years; and
(17) establish reporting requirements for carbon
sequestration permittees, which shall include, but are not
limited to, the mass of carbon dioxide transported to the
sequestration facility; the facilities from which that
carbon dioxide was captured; seismic events of 1.0 or
greater on the Richter scale; and malfunctions or downtime
of any monitors.
(h) If the United States Environmental Protection Agency
revises 40 CFR 146 to be less protective than the rules
published in the Federal Register on December 10, 2010, the

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Agency must (i) immediately halt the issuance of carbon
sequestration permits and (ii) within 3 months of the
effective date of such revision, notify the Board of that
revision and propose rules requiring compliance with the
December 10, 2010 version of any amended provision. Within 18
months of the Agency's proposal, the Board shall amend the
rules issued under subsection (g) to incorporate the Agency's
proposal or an equally protective provision. The Agency may
reinitiate issuance of carbon sequestration permits after the
effective date of the amended rules required by this
subsection.
(i) Within 60 days after a sequestration operator has
obtained a carbon sequestration permit under this Section and
begun injecting carbon dioxide into the sequestration
facility, the sequestration operator shall record, with the
Recorder of Deeds in the county in which the property is
located, documents stating that (i) the pore space within the
sequestration facility will be used to sequester carbon
dioxide, and (ii) the pore space within the area of review may
be used to sequester carbon dioxide.
(j) If monitoring reveals that the carbon dioxide plume
has migrated outside of the confining zone, the sequestration
operator shall:
(A) immediately halt injection of carbon dioxide and
assess measures to restore the carbon dioxide to the
confining zone;

HB5814 - 129 - LRB103 39997 BDA 71298 b
(B) promptly notify the owners of the surface estate
overlying the pore space into which the carbon dioxide has
migrated of that migration;
(C) promptly determine whether the movement of the
carbon dioxide plume may cause an endangerment to an
aquifer defined by the United States Environmental
Protection Agency as an Underground Source of Drinking
Water, and if so:
(i) immediately commence emergency response
measures required under federal Class VI regulations;
and
(ii) promptly assess whether any sources of
drinking water have been contaminated as a result of
the movement of carbon dioxide and, if so, provide an
immediate replacement source of drinking water to
affected residents that satisfies all drinking water
standards set by the United States Environmental
Protection Agency under the federal Safe Drinking
Water Act; all assessments required by this subsection
shall be made available to potentially affected
residents upon completion, without delay; and
(D) if the migration is lateral, record with the
Recorder of Deeds of the county in which the property is
located documents stating that that the pore space
underlying the surface estate has been used to sequester
carbon dioxide.

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(k) Once the rules required by subsection (g) have been
adopted
, the Agency shall calculate the cost it will bear to
implement the carbon dioxide sequestration permit program and
shall establish a permit fee sufficient to cover those costs,
which it may update periodically as the costs of program
implementation change.
(l) Seismicity requirements for sequestration facilities.
(A) For purposes of this Section, "induced seismicity"
means seismicity above background that is recorded by a
seismic monitoring network and is attributable to the
injection or sequestration of carbon dioxide in the
subsurface.
(B) Within 2 years of the effective date of this
Section, the Agency shall, in consultation with the
Illinois State Geological Survey, propose, and the Board
shall adopt, rules establishing a protocol for monitoring
seismic activity and controlling operational activity of
sequestration facilities in an instance of induced
seismicity or seismic activity within the area of review
that measures at least 1.0 in magnitude.
(C) The rules adopted by the Board under this
subsection shall: (i) set out seismicity monitoring
requirements extending throughout the area of review of
carbon dioxide sequestration projects, which shall be
capable of detecting seismic activity of a magnitude of
0.7 or greater, and shall be calibrated with check-shots,

HB5814 - 131 - LRB103 39997 BDA 71298 b
sonic logs, or other local velocity information; and (ii)
employ a "traffic light" control system allowing for low
levels of seismicity while including additional monitoring
and mitigation requirements when events of induced
seismicity or seismicity, measuring 1.5 or greater in
magnitude, occur within the area of review. Those
additional mitigation requirements shall include, but are
not limited to, (i) immediate cessation of injection
operations and inspection and evaluation of any and all
damage to all injection wells, monitoring wells, or other
plugged or unplugged well penetrations or equipment
associated with the sequestration facility, with injection
reinitiated only if the Agency deems that injection will
not pose an undue risk to health or the environment; and
(ii) when induced seismicity appears to be the cause of
the seismic event, mandates to scale back carbon dioxide
injection operations with monitoring for establishment of
a potentially safe operation level.
(m)_No adjusted standard, variance, or other regulatory
relief otherwise available under this Act may be granted from
the requirements of this Section.
(415 ILCS 5/39) (from Ch. 111 1/2, par. 1039)
Sec. 39. Issuance of permits; procedures.
(a) When the Board has by regulation required a permit for
the construction, installation, or operation of any type of

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facility, equipment, vehicle, vessel, or aircraft, the
applicant shall apply to the Agency for such permit and it
shall be the duty of the Agency to issue such a permit upon
proof by the applicant that the facility, equipment, vehicle,
vessel, or aircraft will not cause a violation of this Act or
of regulations hereunder. The Agency shall adopt such
procedures as are necessary to carry out its duties under this
Section. In making its determinations on permit applications
under this Section the Agency may consider prior adjudications
of noncompliance with this Act by the applicant that involved
a release of a contaminant into the environment. In granting
permits, the Agency may impose reasonable conditions
specifically related to the applicant's past compliance
history with this Act as necessary to correct, detect, or
prevent noncompliance. The Agency may impose such other
conditions as may be necessary to accomplish the purposes of
this Act, and as are not inconsistent with the regulations
promulgated by the Board hereunder. Except as otherwise
provided in this Act, a bond or other security shall not be
required as a condition for the issuance of a permit. If the
Agency denies any permit under this Section, the Agency shall
transmit to the applicant within the time limitations of this
Section specific, detailed statements as to the reasons the
permit application was denied. Such statements shall include,
but not be limited to, the following:
(i) the Sections of this Act which may be violated if

HB5814 - 133 - LRB103 39997 BDA 71298 b
the permit were granted;
(ii) the provision of the regulations, promulgated
under this Act, which may be violated if the permit were
granted;
(iii) the specific type of information, if any, which
the Agency deems the applicant did not provide the Agency;
and
(iv) a statement of specific reasons why the Act and
the regulations might not be met if the permit were
granted.
If there is no final action by the Agency within 90 days
after the filing of the application for permit, the applicant
may deem the permit issued; except that this time period shall
be extended to 180 days when (1) notice and opportunity for
public hearing are required by State or federal law or
regulation, (2) the application which was filed is for any
permit to develop a landfill subject to issuance pursuant to
this subsection, or (3) the application that was filed is for a
MSWLF unit required to issue public notice under subsection
(p) of Section 39. The 90-day and 180-day time periods for the
Agency to take final action do not apply to NPDES permit
applications under subsection (b) of this Section, to RCRA
permit applications under subsection (d) of this Section, to
UIC permit applications under subsection (e) of this Section,
or to CCR surface impoundment applications under subsection
(y) of this Section.

HB5814 - 134 - LRB103 39997 BDA 71298 b
The Agency shall publish notice of all final permit
determinations for development permits for MSWLF units and for
significant permit modifications for lateral expansions for
existing MSWLF units one time in a newspaper of general
circulation in the county in which the unit is or is proposed
to be located.
After January 1, 1994 and until July 1, 1998, operating
permits issued under this Section by the Agency for sources of
air pollution permitted to emit less than 25 tons per year of
any combination of regulated air pollutants, as defined in
Section 39.5 of this Act, shall be required to be renewed only
upon written request by the Agency consistent with applicable
provisions of this Act and regulations promulgated hereunder.
Such operating permits shall expire 180 days after the date of
such a request. The Board shall revise its regulations for the
existing State air pollution operating permit program
consistent with this provision by January 1, 1994.
After June 30, 1998, operating permits issued under this
Section by the Agency for sources of air pollution that are not
subject to Section 39.5 of this Act and are not required to
have a federally enforceable State operating permit shall be
required to be renewed only upon written request by the Agency
consistent with applicable provisions of this Act and its
rules. Such operating permits shall expire 180 days after the
date of such a request. Before July 1, 1998, the Board shall
revise its rules for the existing State air pollution

HB5814 - 135 - LRB103 39997 BDA 71298 b
operating permit program consistent with this paragraph and
shall adopt rules that require a source to demonstrate that it
qualifies for a permit under this paragraph.
(b) The Agency may issue NPDES permits exclusively under
this subsection for the discharge of contaminants from point
sources into navigable waters, all as defined in the Federal
Water Pollution Control Act, as now or hereafter amended,
within the jurisdiction of the State, or into any well.
All NPDES permits shall contain those terms and
conditions, including, but not limited to, schedules of
compliance, which may be required to accomplish the purposes
and provisions of this Act.
The Agency may issue general NPDES permits for discharges
from categories of point sources which are subject to the same
permit limitations and conditions. Such general permits may be
issued without individual applications and shall conform to
regulations promulgated under Section 402 of the Federal Water
Pollution Control Act, as now or hereafter amended.
The Agency may include, among such conditions, effluent
limitations and other requirements established under this Act,
Board regulations, the Federal Water Pollution Control Act, as
now or hereafter amended, and regulations pursuant thereto,
and schedules for achieving compliance therewith at the
earliest reasonable date.
The Agency shall adopt filing requirements and procedures
which are necessary and appropriate for the issuance of NPDES

HB5814 - 136 - LRB103 39997 BDA 71298 b
permits, and which are consistent with the Act or regulations
adopted by the Board, and with the Federal Water Pollution
Control Act, as now or hereafter amended, and regulations
pursuant thereto.
The Agency, subject to any conditions which may be
prescribed by Board regulations, may issue NPDES permits to
allow discharges beyond deadlines established by this Act or
by regulations of the Board without the requirement of a
variance, subject to the Federal Water Pollution Control Act,
as now or hereafter amended, and regulations pursuant thereto.
(c) Except for those facilities owned or operated by
sanitary districts organized under the Metropolitan Water
Reclamation District Act, no permit for the development or
construction of a new pollution control facility may be
granted by the Agency unless the applicant submits proof to
the Agency that the location of the facility has been approved
by the county board of the county if in an unincorporated area,
or the governing body of the municipality when in an
incorporated area, in which the facility is to be located in
accordance with Section 39.2 of this Act. For purposes of this
subsection (c), and for purposes of Section 39.2 of this Act,
the appropriate county board or governing body of the
municipality shall be the county board of the county or the
governing body of the municipality in which the facility is to
be located as of the date when the application for siting
approval is filed.

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In the event that siting approval granted pursuant to
Section 39.2 has been transferred to a subsequent owner or
operator, that subsequent owner or operator may apply to the
Agency for, and the Agency may grant, a development or
construction permit for the facility for which local siting
approval was granted. Upon application to the Agency for a
development or construction permit by that subsequent owner or
operator, the permit applicant shall cause written notice of
the permit application to be served upon the appropriate
county board or governing body of the municipality that
granted siting approval for that facility and upon any party
to the siting proceeding pursuant to which siting approval was
granted. In that event, the Agency shall conduct an evaluation
of the subsequent owner or operator's prior experience in
waste management operations in the manner conducted under
subsection (i) of Section 39 of this Act.
Beginning August 20, 1993, if the pollution control
facility consists of a hazardous or solid waste disposal
facility for which the proposed site is located in an
unincorporated area of a county with a population of less than
100,000 and includes all or a portion of a parcel of land that
was, on April 1, 1993, adjacent to a municipality having a
population of less than 5,000, then the local siting review
required under this subsection (c) in conjunction with any
permit applied for after that date shall be performed by the
governing body of that adjacent municipality rather than the

HB5814 - 138 - LRB103 39997 BDA 71298 b
county board of the county in which the proposed site is
located; and for the purposes of that local siting review, any
references in this Act to the county board shall be deemed to
mean the governing body of that adjacent municipality;
provided, however, that the provisions of this paragraph shall
not apply to any proposed site which was, on April 1, 1993,
owned in whole or in part by another municipality.
In the case of a pollution control facility for which a
development permit was issued before November 12, 1981, if an
operating permit has not been issued by the Agency prior to
August 31, 1989 for any portion of the facility, then the
Agency may not issue or renew any development permit nor issue
an original operating permit for any portion of such facility
unless the applicant has submitted proof to the Agency that
the location of the facility has been approved by the
appropriate county board or municipal governing body pursuant
to Section 39.2 of this Act.
After January 1, 1994, if a solid waste disposal facility,
any portion for which an operating permit has been issued by
the Agency, has not accepted waste disposal for 5 or more
consecutive calendar years, before that facility may accept
any new or additional waste for disposal, the owner and
operator must obtain a new operating permit under this Act for
that facility unless the owner and operator have applied to
the Agency for a permit authorizing the temporary suspension
of waste acceptance. The Agency may not issue a new operation

HB5814 - 139 - LRB103 39997 BDA 71298 b
permit under this Act for the facility unless the applicant
has submitted proof to the Agency that the location of the
facility has been approved or re-approved by the appropriate
county board or municipal governing body under Section 39.2 of
this Act after the facility ceased accepting waste.
Except for those facilities owned or operated by sanitary
districts organized under the Metropolitan Water Reclamation
District Act, and except for new pollution control facilities
governed by Section 39.2, and except for fossil fuel mining
facilities, the granting of a permit under this Act shall not
relieve the applicant from meeting and securing all necessary
zoning approvals from the unit of government having zoning
jurisdiction over the proposed facility.
Before beginning construction on any new sewage treatment
plant or sludge drying site to be owned or operated by a
sanitary district organized under the Metropolitan Water
Reclamation District Act for which a new permit (rather than
the renewal or amendment of an existing permit) is required,
such sanitary district shall hold a public hearing within the
municipality within which the proposed facility is to be
located, or within the nearest community if the proposed
facility is to be located within an unincorporated area, at
which information concerning the proposed facility shall be
made available to the public, and members of the public shall
be given the opportunity to express their views concerning the
proposed facility.

HB5814 - 140 - LRB103 39997 BDA 71298 b
The Agency may issue a permit for a municipal waste
transfer station without requiring approval pursuant to
Section 39.2 provided that the following demonstration is
made:
(1) the municipal waste transfer station was in
existence on or before January 1, 1979 and was in
continuous operation from January 1, 1979 to January 1,
1993;
(2) the operator submitted a permit application to the
Agency to develop and operate the municipal waste transfer
station during April of 1994;
(3) the operator can demonstrate that the county board
of the county, if the municipal waste transfer station is
in an unincorporated area, or the governing body of the
municipality, if the station is in an incorporated area,
does not object to resumption of the operation of the
station; and
(4) the site has local zoning approval.
(d) The Agency may issue RCRA permits exclusively under
this subsection to persons owning or operating a facility for
the treatment, storage, or disposal of hazardous waste as
defined under this Act. Subsection (y) of this Section, rather
than this subsection (d), shall apply to permits issued for
CCR surface impoundments.
All RCRA permits shall contain those terms and conditions,
including, but not limited to, schedules of compliance, which

HB5814 - 141 - LRB103 39997 BDA 71298 b
may be required to accomplish the purposes and provisions of
this Act. The Agency may include among such conditions
standards and other requirements established under this Act,
Board regulations, the Resource Conservation and Recovery Act
of 1976 (P.L. 94-580), as amended, and regulations pursuant
thereto, and may include schedules for achieving compliance
therewith as soon as possible. The Agency shall require that a
performance bond or other security be provided as a condition
for the issuance of a RCRA permit.
In the case of a permit to operate a hazardous waste or PCB
incinerator as defined in subsection (k) of Section 44, the
Agency shall require, as a condition of the permit, that the
operator of the facility perform such analyses of the waste to
be incinerated as may be necessary and appropriate to ensure
the safe operation of the incinerator.
The Agency shall adopt filing requirements and procedures
which are necessary and appropriate for the issuance of RCRA
permits, and which are consistent with the Act or regulations
adopted by the Board, and with the Resource Conservation and
Recovery Act of 1976 (P.L. 94-580), as amended, and
regulations pursuant thereto.
The applicant shall make available to the public for
inspection all documents submitted by the applicant to the
Agency in furtherance of an application, with the exception of
trade secrets, at the office of the county board or governing
body of the municipality. Such documents may be copied upon

HB5814 - 142 - LRB103 39997 BDA 71298 b
payment of the actual cost of reproduction during regular
business hours of the local office. The Agency shall issue a
written statement concurrent with its grant or denial of the
permit explaining the basis for its decision.
(e) The Agency may issue UIC permits exclusively under
this subsection to persons owning or operating a facility for
the underground injection of contaminants as defined under
this Act, except that the Agency shall issue any permits for
underground injection wells for the sequestration of carbon
dioxide under Section 22.64.
All UIC permits shall contain those terms and conditions,
including, but not limited to, schedules of compliance, which
may be required to accomplish the purposes and provisions of
this Act. The Agency may include among such conditions
standards and other requirements established under this Act,
Board regulations, the Safe Drinking Water Act (P.L. 93-523),
as amended, and regulations pursuant thereto, and may include
schedules for achieving compliance therewith. The Agency shall
require that a performance bond or other security be provided
as a condition for the issuance of a UIC permit.
The Agency shall adopt filing requirements and procedures
which are necessary and appropriate for the issuance of UIC
permits, and which are consistent with the Act or regulations
adopted by the Board, and with the Safe Drinking Water Act
(P.L. 93-523), as amended, and regulations pursuant thereto.
The applicant shall make available to the public for

HB5814 - 143 - LRB103 39997 BDA 71298 b
inspection all documents submitted by the applicant to the
Agency in furtherance of an application, with the exception of
trade secrets, at the office of the county board or governing
body of the municipality. Such documents may be copied upon
payment of the actual cost of reproduction during regular
business hours of the local office. The Agency shall issue a
written statement concurrent with its grant or denial of the
permit explaining the basis for its decision.
(f) In making any determination pursuant to Section 9.1 of
this Act:
(1) The Agency shall have authority to make the
determination of any question required to be determined by
the Clean Air Act, as now or hereafter amended, this Act,
or the regulations of the Board, including the
determination of the Lowest Achievable Emission Rate,
Maximum Achievable Control Technology, or Best Available
Control Technology, consistent with the Board's
regulations, if any.
(2) The Agency shall adopt requirements as necessary
to implement public participation procedures, including,
but not limited to, public notice, comment, and an
opportunity for hearing, which must accompany the
processing of applications for PSD permits. The Agency
shall briefly describe and respond to all significant
comments on the draft permit raised during the public
comment period or during any hearing. The Agency may group

HB5814 - 144 - LRB103 39997 BDA 71298 b
related comments together and provide one unified response
for each issue raised.
(3) Any complete permit application submitted to the
Agency under this subsection for a PSD permit shall be
granted or denied by the Agency not later than one year
after the filing of such completed application.
(4) The Agency shall, after conferring with the
applicant, give written notice to the applicant of its
proposed decision on the application, including the terms
and conditions of the permit to be issued and the facts,
conduct, or other basis upon which the Agency will rely to
support its proposed action.
(g) The Agency shall include as conditions upon all
permits issued for hazardous waste disposal sites such
restrictions upon the future use of such sites as are
reasonably necessary to protect public health and the
environment, including permanent prohibition of the use of
such sites for purposes which may create an unreasonable risk
of injury to human health or to the environment. After
administrative and judicial challenges to such restrictions
have been exhausted, the Agency shall file such restrictions
of record in the Office of the Recorder of the county in which
the hazardous waste disposal site is located.
(h) A hazardous waste stream may not be deposited in a
permitted hazardous waste site unless specific authorization
is obtained from the Agency by the generator and disposal site

HB5814 - 145 - LRB103 39997 BDA 71298 b
owner and operator for the deposit of that specific hazardous
waste stream. The Agency may grant specific authorization for
disposal of hazardous waste streams only after the generator
has reasonably demonstrated that, considering technological
feasibility and economic reasonableness, the hazardous waste
cannot be reasonably recycled for reuse, nor incinerated or
chemically, physically, or biologically treated so as to
neutralize the hazardous waste and render it nonhazardous. In
granting authorization under this Section, the Agency may
impose such conditions as may be necessary to accomplish the
purposes of the Act and are consistent with this Act and
regulations promulgated by the Board hereunder. If the Agency
refuses to grant authorization under this Section, the
applicant may appeal as if the Agency refused to grant a
permit, pursuant to the provisions of subsection (a) of
Section 40 of this Act. For purposes of this subsection (h),
the term "generator" has the meaning given in Section 3.205 of
this Act, unless: (1) the hazardous waste is treated,
incinerated, or partially recycled for reuse prior to
disposal, in which case the last person who treats,
incinerates, or partially recycles the hazardous waste prior
to disposal is the generator; or (2) the hazardous waste is
from a response action, in which case the person performing
the response action is the generator. This subsection (h) does
not apply to any hazardous waste that is restricted from land
disposal under 35 Ill. Adm. Code 728.

HB5814 - 146 - LRB103 39997 BDA 71298 b
(i) Before issuing any RCRA permit, any permit for a waste
storage site, sanitary landfill, waste disposal site, waste
transfer station, waste treatment facility, waste incinerator,
or any waste-transportation operation, any permit or interim
authorization for a clean construction or demolition debris
fill operation, or any permit required under subsection (d-5)
of Section 55, the Agency shall conduct an evaluation of the
prospective owner's or operator's prior experience in waste
management operations, clean construction or demolition debris
fill operations, and tire storage site management. The Agency
may deny such a permit, or deny or revoke interim
authorization, if the prospective owner or operator or any
employee or officer of the prospective owner or operator has a
history of:
(1) repeated violations of federal, State, or local
laws, regulations, standards, or ordinances in the
operation of waste management facilities or sites, clean
construction or demolition debris fill operation
facilities or sites, or tire storage sites; or
(2) conviction in this or another State of any crime
which is a felony under the laws of this State, or
conviction of a felony in a federal court; or conviction
in this or another state or federal court of any of the
following crimes: forgery, official misconduct, bribery,
perjury, or knowingly submitting false information under
any environmental law, regulation, or permit term or

HB5814 - 147 - LRB103 39997 BDA 71298 b
condition; or
(3) proof of gross carelessness or incompetence in
handling, storing, processing, transporting, or disposing
of waste, clean construction or demolition debris, or used
or waste tires, or proof of gross carelessness or
incompetence in using clean construction or demolition
debris as fill.
(i-5) Before issuing any permit or approving any interim
authorization for a clean construction or demolition debris
fill operation in which any ownership interest is transferred
between January 1, 2005, and the effective date of the
prohibition set forth in Section 22.52 of this Act, the Agency
shall conduct an evaluation of the operation if any previous
activities at the site or facility may have caused or allowed
contamination of the site. It shall be the responsibility of
the owner or operator seeking the permit or interim
authorization to provide to the Agency all of the information
necessary for the Agency to conduct its evaluation. The Agency
may deny a permit or interim authorization if previous
activities at the site may have caused or allowed
contamination at the site, unless such contamination is
authorized under any permit issued by the Agency.
(j) The issuance under this Act of a permit to engage in
the surface mining of any resources other than fossil fuels
shall not relieve the permittee from its duty to comply with
any applicable local law regulating the commencement,

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location, or operation of surface mining facilities.
(k) A development permit issued under subsection (a) of
Section 39 for any facility or site which is required to have a
permit under subsection (d) of Section 21 shall expire at the
end of 2 calendar years from the date upon which it was issued,
unless within that period the applicant has taken action to
develop the facility or the site. In the event that review of
the conditions of the development permit is sought pursuant to
Section 40 or 41, or permittee is prevented from commencing
development of the facility or site by any other litigation
beyond the permittee's control, such two-year period shall be
deemed to begin on the date upon which such review process or
litigation is concluded.
(l) No permit shall be issued by the Agency under this Act
for construction or operation of any facility or site located
within the boundaries of any setback zone established pursuant
to this Act, where such construction or operation is
prohibited.
(m) The Agency may issue permits to persons owning or
operating a facility for composting landscape waste. In
granting such permits, the Agency may impose such conditions
as may be necessary to accomplish the purposes of this Act, and
as are not inconsistent with applicable regulations
promulgated by the Board. Except as otherwise provided in this
Act, a bond or other security shall not be required as a
condition for the issuance of a permit. If the Agency denies

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any permit pursuant to this subsection, the Agency shall
transmit to the applicant within the time limitations of this
subsection specific, detailed statements as to the reasons the
permit application was denied. Such statements shall include
but not be limited to the following:
(1) the Sections of this Act that may be violated if
the permit were granted;
(2) the specific regulations promulgated pursuant to
this Act that may be violated if the permit were granted;
(3) the specific information, if any, the Agency deems
the applicant did not provide in its application to the
Agency; and
(4) a statement of specific reasons why the Act and
the regulations might be violated if the permit were
granted.
If no final action is taken by the Agency within 90 days
after the filing of the application for permit, the applicant
may deem the permit issued. Any applicant for a permit may
waive the 90-day limitation by filing a written statement with
the Agency.
The Agency shall issue permits for such facilities upon
receipt of an application that includes a legal description of
the site, a topographic map of the site drawn to the scale of
200 feet to the inch or larger, a description of the operation,
including the area served, an estimate of the volume of
materials to be processed, and documentation that:

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(1) the facility includes a setback of at least 200
feet from the nearest potable water supply well;
(2) the facility is located outside the boundary of
the 10-year floodplain or the site will be floodproofed;
(3) the facility is located so as to minimize
incompatibility with the character of the surrounding
area, including at least a 200 foot setback from any
residence, and in the case of a facility that is developed
or the permitted composting area of which is expanded
after November 17, 1991, the composting area is located at
least 1/8 mile from the nearest residence (other than a
residence located on the same property as the facility);
(4) the design of the facility will prevent any
compost material from being placed within 5 feet of the
water table, will adequately control runoff from the site,
and will collect and manage any leachate that is generated
on the site;
(5) the operation of the facility will include
appropriate dust and odor control measures, limitations on
operating hours, appropriate noise control measures for
shredding, chipping and similar equipment, management
procedures for composting, containment and disposal of
non-compostable wastes, procedures to be used for
terminating operations at the site, and recordkeeping
sufficient to document the amount of materials received,
composted, and otherwise disposed of; and

HB5814 - 151 - LRB103 39997 BDA 71298 b
(6) the operation will be conducted in accordance with
any applicable rules adopted by the Board.
The Agency shall issue renewable permits of not longer
than 10 years in duration for the composting of landscape
wastes, as defined in Section 3.155 of this Act, based on the
above requirements.
The operator of any facility permitted under this
subsection (m) must submit a written annual statement to the
Agency on or before April 1 of each year that includes an
estimate of the amount of material, in tons, received for
composting.
(n) The Agency shall issue permits jointly with the
Department of Transportation for the dredging or deposit of
material in Lake Michigan in accordance with Section 18 of the
Rivers, Lakes, and Streams Act.
(o) (Blank).
(p) (1) Any person submitting an application for a permit
for a new MSWLF unit or for a lateral expansion under
subsection (t) of Section 21 of this Act for an existing MSWLF
unit that has not received and is not subject to local siting
approval under Section 39.2 of this Act shall publish notice
of the application in a newspaper of general circulation in
the county in which the MSWLF unit is or is proposed to be
located. The notice must be published at least 15 days before
submission of the permit application to the Agency. The notice
shall state the name and address of the applicant, the

HB5814 - 152 - LRB103 39997 BDA 71298 b
location of the MSWLF unit or proposed MSWLF unit, the nature
and size of the MSWLF unit or proposed MSWLF unit, the nature
of the activity proposed, the probable life of the proposed
activity, the date the permit application will be submitted,
and a statement that persons may file written comments with
the Agency concerning the permit application within 30 days
after the filing of the permit application unless the time
period to submit comments is extended by the Agency.
When a permit applicant submits information to the Agency
to supplement a permit application being reviewed by the
Agency, the applicant shall not be required to reissue the
notice under this subsection.
(2) The Agency shall accept written comments concerning
the permit application that are postmarked no later than 30
days after the filing of the permit application, unless the
time period to accept comments is extended by the Agency.
(3) Each applicant for a permit described in part (1) of
this subsection shall file a copy of the permit application
with the county board or governing body of the municipality in
which the MSWLF unit is or is proposed to be located at the
same time the application is submitted to the Agency. The
permit application filed with the county board or governing
body of the municipality shall include all documents submitted
to or to be submitted to the Agency, except trade secrets as
determined under Section 7.1 of this Act. The permit
application and other documents on file with the county board

HB5814 - 153 - LRB103 39997 BDA 71298 b
or governing body of the municipality shall be made available
for public inspection during regular business hours at the
office of the county board or the governing body of the
municipality and may be copied upon payment of the actual cost
of reproduction.
(q) Within 6 months after July 12, 2011 (the effective
date of Public Act 97-95), the Agency, in consultation with
the regulated community, shall develop a web portal to be
posted on its website for the purpose of enhancing review and
promoting timely issuance of permits required by this Act. At
a minimum, the Agency shall make the following information
available on the web portal:
(1) checklist Checklists and guidance relating to the
completion of permit applications, developed pursuant to
subsection (s) of this Section, which may include, but are
not limited to, existing instructions for completing the
applications and examples of complete applications ; as .
As the Agency develops new checklists and develops
guidance, it shall supplement the web portal with those
materials ; .
(2) within Within 2 years after July 12, 2011 (the
effective date of Public Act 97-95), permit application
forms or portions of permit applications that can be
completed and saved electronically, and submitted to the
Agency electronically with digital signatures ; and .
(3) within Within 2 years after July 12, 2011 (the

HB5814 - 154 - LRB103 39997 BDA 71298 b
effective date of Public Act 97-95), an online tracking
system where an applicant may review the status of its
pending application, including the name and contact
information of the permit analyst assigned to the
application; until . Until the online tracking system has
been developed, the Agency shall post on its website
semi-annual permitting efficiency tracking reports that
include statistics on the timeframes for Agency action on
the following types of permits received after July 12,
2011 (the effective date of Public Act 97-95),
specifically mandating and consisting of : air
construction permits, new NPDES permits and associated
water construction permits, and modifications of major
NPDES permits and associated water construction permits ;
the . The reports must be posted by February 1 and August 1
each year and shall include:
(A) the number of applications received for each
type of permit, the number of applications on which
the Agency has taken action, and the number of
applications still pending; and
(B) for those applications where the Agency has
not taken action in accordance with the timeframes set
forth in this Act, the date the application was
received and the reasons for any delays, which may
include, but shall not be limited to, (i) the
application being inadequate or incomplete, (ii)

HB5814 - 155 - LRB103 39997 BDA 71298 b
scientific or technical disagreements with the
applicant, USEPA, or other local, state, or federal
agencies involved in the permitting approval process,
(iii) public opposition to the permit, or (iv) Agency
staffing shortages ; to . To the extent practicable,
the tracking report shall provide approximate dates
when cause for delay was identified by the Agency,
when the Agency informed the applicant of the problem
leading to the delay, and when the applicant remedied
the reason for the delay.
(r) Upon the request of the applicant, the Agency shall
notify the applicant of the permit analyst assigned to the
application upon its receipt.
(s) The Agency is authorized to prepare and distribute
guidance documents relating to its administration of this
Section and procedural rules implementing this Section.
Guidance documents prepared under this subsection shall not be
considered rules and shall not be subject to the Illinois
Administrative Procedure Act. Such guidance shall not be
binding on any party.
(t) Except as otherwise prohibited by federal law or
regulation, any person submitting an application for a permit
may include with the application suggested permit language for
Agency consideration. The Agency is not obligated to use the
suggested language or any portion thereof in its permitting
decision. If requested by the permit applicant, the Agency

HB5814 - 156 - LRB103 39997 BDA 71298 b
shall meet with the applicant to discuss the suggested
language.
(u) If requested by the permit applicant, the Agency shall
provide the permit applicant with a copy of the draft permit
prior to any public review period.
(v) If requested by the permit applicant, the Agency shall
provide the permit applicant with a copy of the final permit
prior to its issuance.
(w) An air pollution permit shall not be required due to
emissions of greenhouse gases, as specified by Section 9.15 of
this Act.
(x) If, before the expiration of a State operating permit
that is issued pursuant to subsection (a) of this Section and
contains federally enforceable conditions limiting the
potential to emit of the source to a level below the major
source threshold for that source so as to exclude the source
from the Clean Air Act Permit Program, the Agency receives a
complete application for the renewal of that permit, then all
of the terms and conditions of the permit shall remain in
effect until final administrative action has been taken on the
application for the renewal of the permit.
(y) The Agency may issue permits exclusively under this
subsection to persons owning or operating a CCR surface
impoundment subject to Section 22.59.
(z) If a mass animal mortality event is declared by the
Department of Agriculture in accordance with the Animal

HB5814 - 157 - LRB103 39997 BDA 71298 b
Mortality Act:
(1) the owner or operator responsible for the disposal
of dead animals is exempted from the following:
(i) obtaining a permit for the construction,
installation, or operation of any type of facility or
equipment issued in accordance with subsection (a) of
this Section;
(ii) obtaining a permit for open burning in
accordance with the rules adopted by the Board; and
(iii) registering the disposal of dead animals as
an eligible small source with the Agency in accordance
with Section 9.14 of this Act;
(2) as applicable, the owner or operator responsible
for the disposal of dead animals is required to obtain the
following permits:
(i) an NPDES permit in accordance with subsection
(b) of this Section;
(ii) a PSD permit or an NA NSR permit in accordance
with Section 9.1 of this Act;
(iii) a lifetime State operating permit or a
federally enforceable State operating permit, in
accordance with subsection (a) of this Section; or
(iv) a CAAPP permit, in accordance with Section
39.5 of this Act.
All CCR surface impoundment permits shall contain those
terms and conditions, including, but not limited to, schedules

HB5814 - 158 - LRB103 39997 BDA 71298 b
of compliance, which may be required to accomplish the
purposes and provisions of this Act, Board regulations, the
Illinois Groundwater Protection Act and regulations pursuant
thereto, and the Resource Conservation and Recovery Act and
regulations pursuant thereto, and may include schedules for
achieving compliance therewith as soon as possible.
The Board shall adopt filing requirements and procedures
that are necessary and appropriate for the issuance of CCR
surface impoundment permits and that are consistent with this
Act or regulations adopted by the Board, and with the RCRA, as
amended, and regulations pursuant thereto.
The applicant shall make available to the public for
inspection all documents submitted by the applicant to the
Agency in furtherance of an application, with the exception of
trade secrets, on its public internet website as well as at the
office of the county board or governing body of the
municipality where CCR from the CCR surface impoundment will
be permanently disposed. Such documents may be copied upon
payment of the actual cost of reproduction during regular
business hours of the local office.
The Agency shall issue a written statement concurrent with
its grant or denial of the permit explaining the basis for its
decision.
(Source: P.A. 101-171, eff. 7-30-19; 102-216, eff. 1-1-22;
102-558, eff. 8-20-21; 102-813, eff. 5-13-22.)

HB5814 - 159 - LRB103 39997 BDA 71298 b
(415 ILCS 5/40) (from Ch. 111 1/2, par. 1040)
Sec. 40. Appeal of permit denial.
(a)(1) If the Agency refuses to grant or grants with
conditions a permit under Section 39 of this Act, the
applicant may, within 35 days after the date on which the
Agency served its decision on the applicant, petition for a
hearing before the Board to contest the decision of the
Agency. However, the 35-day period for petitioning for a
hearing may be extended for an additional period of time not to
exceed 90 days by written notice provided to the Board from the
applicant and the Agency within the initial appeal period. The
Board shall give 21 days' notice to any person in the county
where is located the facility in issue who has requested
notice of enforcement proceedings and to each member of the
General Assembly in whose legislative district that
installation or property is located; and shall publish that
21-day notice in a newspaper of general circulation in that
county. The Agency shall appear as respondent in such hearing.
At such hearing the rules prescribed in Section 32 and
subsection (a) of Section 33 of this Act shall apply, and the
burden of proof shall be on the petitioner. If, however, the
Agency issues an NPDES permit that imposes limits which are
based upon a criterion or denies a permit based upon
application of a criterion, then the Agency shall have the
burden of going forward with the basis for the derivation of
those limits or criterion which were derived under the Board's

HB5814 - 160 - LRB103 39997 BDA 71298 b
rules.
(2) Except as provided in paragraph (a)(3), if there is no
final action by the Board within 120 days after the date on
which it received the petition, the petitioner may deem the
permit issued under this Act, provided, however, that that
period of 120 days shall not run for any period of time, not to
exceed 30 days, during which the Board is without sufficient
membership to constitute the quorum required by subsection (a)
of Section 5 of this Act, and provided further that such 120
day period shall not be stayed for lack of quorum beyond 30
days regardless of whether the lack of quorum exists at the
beginning of such 120-day period or occurs during the running
of such 120-day period.
(3) Paragraph (a)(2) shall not apply to any permit which
is subject to subsection (b), (d) or (e) of Section 39. If
there is no final action by the Board within 120 days after the
date on which it received the petition, the petitioner shall
be entitled to an Appellate Court order pursuant to subsection
(d) of Section 41 of this Act.
(b) If the Agency grants a RCRA permit for a hazardous
waste disposal site, a third party, other than the permit
applicant or Agency, may, within 35 days after the date on
which the Agency issued its decision, petition the Board for a
hearing to contest the issuance of the permit. Unless the
Board determines that such petition is duplicative or
frivolous, or that the petitioner is so located as to not be

HB5814 - 161 - LRB103 39997 BDA 71298 b
affected by the permitted facility, the Board shall hear the
petition in accordance with the terms of subsection (a) of
this Section and its procedural rules governing denial
appeals, such hearing to be based exclusively on the record
before the Agency. The burden of proof shall be on the
petitioner. The Agency and the permit applicant shall be named
co-respondents.
The provisions of this subsection do not apply to the
granting of permits issued for the disposal or utilization of
sludge from publicly owned sewage works.
(c) Any party to an Agency proceeding conducted pursuant
to Section 39.3 of this Act may petition as of right to the
Board for review of the Agency's decision within 35 days from
the date of issuance of the Agency's decision, provided that
such appeal is not duplicative or frivolous. However, the
35-day period for petitioning for a hearing may be extended by
the applicant for a period of time not to exceed 90 days by
written notice provided to the Board from the applicant and
the Agency within the initial appeal period. If another person
with standing to appeal wishes to obtain an extension, there
must be a written notice provided to the Board by that person,
the Agency, and the applicant, within the initial appeal
period. The decision of the Board shall be based exclusively
on the record compiled in the Agency proceeding. In other
respects the Board's review shall be conducted in accordance
with subsection (a) of this Section and the Board's procedural

HB5814 - 162 - LRB103 39997 BDA 71298 b
rules governing permit denial appeals.
(d) In reviewing the denial or any condition of a NA NSR
permit issued by the Agency pursuant to rules and regulations
adopted under subsection (c) of Section 9.1 of this Act, the
decision of the Board shall be based exclusively on the record
before the Agency including the record of the hearing, if any,
unless the parties agree to supplement the record. The Board
shall, if it finds the Agency is in error, make a final
determination as to the substantive limitations of the permit
including a final determination of Lowest Achievable Emission
Rate.
(e)(1) If the Agency grants or denies a permit under
subsection (b) of Section 39 of this Act, a third party, other
than the permit applicant or Agency, may petition the Board
within 35 days from the date of issuance of the Agency's
decision, for a hearing to contest the decision of the Agency.
(2) A petitioner shall include the following within a
petition submitted under subdivision (1) of this subsection:
(A) a demonstration that the petitioner raised the
issues contained within the petition during the public
notice period or during the public hearing on the NPDES
permit application, if a public hearing was held; and
(B) a demonstration that the petitioner is so situated
as to be affected by the permitted facility.
(3) If the Board determines that the petition is not
duplicative or frivolous and contains a satisfactory

HB5814 - 163 - LRB103 39997 BDA 71298 b
demonstration under subdivision (2) of this subsection, the
Board shall hear the petition (i) in accordance with the terms
of subsection (a) of this Section and its procedural rules
governing permit denial appeals and (ii) exclusively on the
basis of the record before the Agency. The burden of proof
shall be on the petitioner. The Agency and permit applicant
shall be named co-respondents.
(f) Any person who files a petition to contest the
issuance of a permit by the Agency shall pay a filing fee.
(g) If the Agency grants or denies a permit under
subsection (y) of Section 39, a third party, other than the
permit applicant or Agency, may appeal the Agency's decision
as provided under federal law for CCR surface impoundment
permits.
(h) If the Agency grants or denies a permit for the capture
of carbon dioxide under Section 9.21 or a permit for
sequestration of carbon dioxide under Section 22.64,
including, but not limited to, the disapproval of financial
assurance under subsection (e) of Section 22.64, any person
may petition the Board, within 35 days after the date of
issuance of the Agency's decision, for a hearing to contest
the grant or denial.
(Source: P.A. 101-171, eff. 7-30-19; 102-558, eff. 8-20-21.)
Section 97. Severability. The provisions of this Act are
severable under Section 1.31 of the Statute on Statutes.

HB5814 - 164 - LRB103 39997 BDA 71298 b
Section 99. Effective date. This Act takes effect upon
becoming law.
HB5814 - 165 - LRB103 39997 BDA 71298 b
INDEX
Statutes amended in order of appearance