Illinois-2023-SB3930-Introduced

103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB3930

Introduced 4/16/2024, by Sen. Laura Fine

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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1 AN ACT concerning safety.

2 Be it enacted by the People of the State of Illinois,

3 represented in the General Assembly:

4 Section 1. Short title. This Act may be cited as the Carbon

5 Dioxide Transport and Storage Protections Act.

6 Section 5. Legislative findings and objectives. The

7 General Assembly finds that:

8 (1) State law currently lacks clarity concerning the

9 rights of landowners with regard to pore space in the

10 subsurface beneath their land, limiting landowners'

11 ability to fully enjoy and protect their property.

12 (2) The transport of carbon dioxide via pipelines

13 significantly affects landowners' rights to enjoy their

14 property. Carbon dioxide pipelines may impede access to

15 property and fields, harm crops and topsoil, and pose a

16 risk of grave harm if there is a release of carbon dioxide.

17 (3) The storage of carbon dioxide in subsurface pore

18 space may have profound impacts upon the surface estate.

19 Subsurface carbon dioxide storage may require easements

20 for pipelines, injection wells, monitoring equipment, and

21 other infrastructure, and may harm crops and topsoil and

22 risk grave harm to landowners, surrounding ecosystems, and

23 water supplies if carbon dioxide is released.

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1 (4) To protect landowners, surface ecosystems,

2 groundwater, and nearby residents, it is essential that

3 the State clarify the ownership, liability, and other

4 property rights associated with carbon dioxide

5 transportation and storage before additional carbon

6 transport and storage takes place in the State, as well as

7 provide units of local government and residents with

8 training and resources so they can be prepared if there is

9 a carbon dioxide release.

10 Section 10. Definitions. As used in this Act:

11 "Agency" means the Illinois Environmental Protection

12 Agency.

13 "Amalgamation" means the combining or uniting of property

14 rights in adjacent subsurface pore space for the permanent

15 storage of carbon dioxide.

16 "Area of review" has the meaning given to that term in

17 Section 3.121 of the Environmental Protection Act.

18 "Carbon dioxide injection well" means a well that is used

19 to inject carbon dioxide into a reservoir for permanent

20 geologic sequestration.

21 "Carbon dioxide pipeline" or "pipeline" means the in-State

22 portion of a pipeline, including appurtenant facilities,

23 property rights, and easements, that are used to transport

24 carbon dioxide.

25 "Carbon dioxide sequestration reservoir" means a portion

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1 of a sedimentary geologic stratum or formation containing pore

2 space, including, but not limited to, depleted reservoirs and

3 saline formations, that the United States Environmental

4 Protection Agency has determined is suitable for the injection

5 and permanent storage of carbon dioxide.

6 "Carbon dioxide stream" means carbon dioxide, any

7 incidental associated substances derived from the source

8 materials and process of producing or capturing carbon

9 dioxide, and any substance added to the stream to enable or

10 improve the injection process or the detection of a leak or

11 rupture.

12 "Department" means the Department of Public Health.

13 "Fund" means the Carbon Transportation and Sequestration

14 Readiness Fund.

15 "Person" has the meaning given to that term in Section

16 3.315 of the Environmental Protection Act.

17 "Pipeline operator" means a person who owns, leases,

18 operates, controls, or supervises a pipeline that transports

19 carbon dioxide.

20 "Pore space" or "porosity" means the portion of geologic

21 media that contains gas or fluid, including, but not limited

22 to, oil or water, and that can be used to store carbon dioxide.

23 "Pore space" also includes solution-mined cavities.

24 "Pore space owner" means the person who has title to a pore

25 space.

26 "Qualified Third Party" means a person or entity

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1 determined by the Department to have the capacity and

2 experience to carry out relevant duties. "Qualified Third

3 Party" does not include any person or entity that has

4 received, or is receiving, funding from any source to

5 research, engage or assist in the capture, transport, or

6 sequestration of carbon dioxide.

7 "Sequester" has the meaning given to that term in Section

8 1-10 of the Illinois Power Agency Act.

9 "Sequestration" means to sequester or be sequestered.

10 "Sequestration facility" means the carbon dioxide

11 sequestration reservoir, underground equipment, including, but

12 not limited to, well penetrations, and surface facilities and

13 equipment used or proposed to be used in a geologic storage

14 operation. "Sequestration facility" includes an injection well

15 and equipment used to connect the surface facility and

16 equipment to the carbon dioxide sequestration reservoir and

17 underground equipment. "Sequestration facility" does not

18 include pipelines used to transport carbon dioxide to a

19 sequestration facility.

20 "Sequestration operator" means a person who holds, is

21 applying for, or is required to obtain a carbon sequestration

22 permit under Section 22.64 of the Environmental Protection

23 Act.

24 "Sequestration pore space" means a pore space proposed,

25 authorized, or used for sequestering one or more carbon

26 dioxide streams in accordance with a permit or permit

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1 application under Section 22.64 of the Environmental

2 Protection Act.

3 "Surface owner" means a person identified in the records

4 of the recorder of deeds for each county containing some

5 portion of a proposed carbon dioxide sequestration reservoir

6 as an owner of a whole or undivided fee simple interest or

7 other freehold interest in real property in the surface above

8 the sequestration pore space. "Surface owner" does not include

9 an owner of a right-of-way, easement, leasehold, or any other

10 lesser estate.

11 "Transportation" or "transport" means the physical

12 movement of carbon dioxide by pipeline conducted for any

13 person's use or on any person's account.

14 Section 15. Ownership and conveyance of pore space.

15 (a) Title to pore space belongs to and is vested in the

16 surface owner of the surface estate.

17 (b) A conveyance of title to a surface estate conveys

18 title to the pore space in all strata underlying the surface

19 estate.

20 (c) Title to pore space may not be severed from title to

21 the surface estate. A grant of easement for use of pore space

22 is not a severance prohibited under this subsection.

23 (d) A grant of easement for use of pore space shall not

24 confer any right to enter upon or otherwise use the surface of

25 the land unless the grant of easement expressly provides that

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1 right.

2 (e) Any grant of easement for use of pore space shall be

3 recorded in the same manner as easements of real estate.

4 If the holder of an easement or lease of pore space

5 withdraws or is denied a permit for sequestration of carbon

6 dioxide under Section 22.64 of the Environmental Protection

7 Act, including, but not limited to, the disapproval of

8 financial assurance under subsection (e) of Section 22.64 of

9 the Environmental Protection Act, the owner of the surface

10 estate shall have the right to have the title or interest

11 returned for any amounts paid to the holder of the easement or

12 lease.

13 Section 20. No compulsory amalgamation. Notwithstanding

14 any other provision of law, a sequestration operator may not

15 exercise any authority to take or acquire any easement or

16 title to any pore space or any portion of an area of review

17 under the Eminent Domain Act for amalgamation. A sequestration

18 operator must obtain, for the entirety of the area of review

19 the person seeks to use for carbon sequestration, one of the

20 following:

21 (1) a written grant of easement to enter into and use a

22 surface owner's portion of the proposed area of review for

23 carbon sequestration;

24 (2) a written lease agreement allowing the person to

25 enter into and use a surface owner's portion of the

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1 proposed area of review for carbon sequestration; or

2 (3) title to that portion of the proposed area of

3 review and surface estate.

4 Section 25. Ownership of carbon dioxide; liability.

5 (a) A sequestration operator is liable for any and all

6 damage caused by carbon dioxide or other fluids, including,

7 but not limited to, brine, that are within the sequestration

8 operator's sequestration facility for injection or

9 sequestration or that are otherwise under the sequestration

10 operator's control, including, but not limited to, damage

11 caused by carbon dioxide or other fluids released from the

12 sequestration facility, regardless of who holds title to the

13 carbon dioxide, the pore space, or the surface estate.

14 Liability for damage caused by carbon dioxide that is within a

15 sequestration facility or otherwise within a sequestration

16 operator's control, including carbon dioxide being transferred

17 from a pipeline to the injection well, may be joint and several

18 with a third party adjudicated to have caused or contributed

19 to such damage. The State shall not be liable for any damage

20 caused by carbon dioxide or other fluids within a

21 sequestration facility. A pipeline operator is liable for any

22 and all damage caused by carbon dioxide during transportation,

23 including, but not limited to, damage caused by carbon dioxide

24 released from the pipeline. Liability for damage caused by

25 carbon dioxide during transportation may be joint and several

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1 with: (i) the entity that owns title to the carbon dioxide if

2 that entity is different from the operator; or (ii) the

3 sequestration operator if damage occurs at the point where

4 carbon dioxide changes control.

5 (b) A sequestration operator is liable for any and all

6 damage or harm that may result from equipment associated with

7 carbon sequestration, including, but not limited to, operation

8 of the equipment. Liability for harms or damage resulting from

9 equipment associated with carbon sequestration, including

10 equipment used to transfer carbon dioxide from the pipeline to

11 the injection well, may be joint and several with a third party

12 adjudicated to have willfully or recklessly caused or

13 contributed to such harms or damage.

14 (c) Title to carbon dioxide sequestered in this State

15 shall not be vested in the owner of the sequestration pore

16 space. Sequestered carbon dioxide is a separate property

17 independent of the sequestration pore space.

18 Section 30. Carbon transportation and sequestration

19 emergency response fee. In addition to any permit fees

20 required under the Environmental Protection Act, all

21 sequestration operators and pipeline operators who transport

22 or sequester carbon dioxide in this State must pay a fee each

23 year to the Illinois Emergency Management Agency and Office of

24 Homeland Security. The fee shall be deposited into the Carbon

25 Transportation and Sequestration Readiness Fund. The fee

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1 amount shall be determined by the Illinois Emergency

2 Management Agency and Office of Homeland Security through

3 rulemaking as a set amount (i) per mile of approved pipeline

4 for each carbon dioxide pipeline and, for each approved carbon

5 sequestration project, (ii) per square mile of area of review

6 and (iii) per ton of carbon dioxide sequestered, and shall be

7 based, among other information the Illinois Emergency

8 Management Agency and Office of Homeland Security deems

9 relevant, on the Carbon Dioxide Pipeline Setback Study

10 required by Section 45. The fee shall be adjusted annually for

11 inflation and other relevant factors and shall be in an amount

12 determined by the Illinois Emergency Management Agency and

13 Office of Homeland Security as being more than adequate to

14 fund emergency preparedness and response costs for units of

15 local government through which a carbon dioxide pipeline

16 passes or in which carbon sequestration takes place.

17 Section 35. Carbon Transportation and Sequestration

18 Readiness Fund.

19 (a) The Carbon Transportation and Sequestration Readiness

20 Fund is established as a special fund in the State treasury.

21 (b) The Fund shall consist of all moneys from fees

22 collected under Section 30, all interest earned on moneys in

23 the Fund, and any additional moneys allocated or appropriated

24 to the Fund by the General Assembly.

25 (c) Moneys in the Fund shall be used only to:

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1 (1) cover administrative costs of the Illinois

2 Emergency Management Agency and Office of Homeland

3 Security for administration of grants awarded under this

4 Section and costs to the Illinois Emergency Management

5 Agency and Office of Homeland Security and Department for

6 preparing the training materials and offering the training

7 sessions required under Section 40;

8 (2) provide funding to units of local government

9 through which a carbon dioxide pipeline has been proposed

10 or approved or in which carbon sequestration has been

11 proposed or is taking place to enhance emergency

12 preparedness and response capabilities if a carbon dioxide

13 release occurs; allowable expenditures of moneys provided

14 under this paragraph are:

15 (A) preparing emergency response plans for carbon

16 dioxide release;

17 (B) purchasing electric emergency response

18 vehicles;

19 (C) developing or maintaining a text message or

20 other emergency communication alert system;

21 (D) purchasing or maintaining devices that assist

22 in the detection of a carbon dioxide release;

23 (E) purchasing or maintaining equipment for first

24 responders, local residents, and medical facilities

25 that assist in the preparation for, detection of, or

26 response to the release of carbon dioxide or other

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1 toxic or hazardous materials; and

2 (F) developing, purchasing, or maintaining

3 training and training materials for first responders,

4 local residents, businesses, and other local entities

5 to prepare for and respond to the release of carbon

6 dioxide or other toxic or hazardous materials;

7 (3) fund research to better understand the scope of

8 potential carbon dioxide releases and methods to limit the

9 likelihood of a carbon dioxide release from a pipeline or

10 sequestration facility, including, but not limited to,

11 computer modeling to simulate carbon dioxide leaks from

12 pipelines of varying diameters and lengths.

13 All research funded under paragraph (3) must be included

14 in a report published by the Illinois Emergency Management

15 Agency and Office of Homeland Security on its website, which

16 shall contain recommendations for safety measures to protect

17 communities from carbon dioxide releases, such as hazard

18 zones, setbacks, additional monitoring, or other measures.

19 (d) The Fund shall be administered by the Illinois

20 Emergency Management Agency and Office of Homeland Security.

21 The Illinois Emergency Management Agency and Office of

22 Homeland Security shall issue annual requests for proposals to

23 receive Fund moneys and shall award grants to qualified

24 applicants who meet the criteria under subsection (c) and any

25 other criteria the Illinois Emergency Management Agency and

26 Office of Homeland Security deems necessary for the Fund to

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1 serve its intended purpose. The Illinois Emergency Management

2 Agency and Office of Homeland Security shall not limit the

3 number of proposals an applicant may submit under this

4 subsection.

5 (e) The Fund is not subject to subsection (c) of Section 5

6 of the State Finance Act.

7 Section 40. Training for carbon dioxide emergencies.

8 (a) Within one year after the effective date of this Act,

9 the Illinois Emergency Management Agency and Office of

10 Homeland Security and the Department shall jointly prepare

11 training materials for local emergency responders and medical

12 personnel regarding what to do if carbon dioxide is released

13 from a pipeline or a sequestration facility, including, but

14 not limited to:

15 (1) how to identify a carbon dioxide release;

16 (2) communications protocols to quickly share

17 information about a carbon dioxide release;

18 (3) protocols for locating residents and others in the

19 affected area and, when necessary, transporting residents

20 and others in the affected area out of the area to health

21 care facilities; and

22 (4) symptoms of and treatment for exposure to a carbon

23 dioxide release.

24 (b) Each year, the Department and the Illinois Emergency

25 Management Agency and Office of Homeland Security shall offer

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1 at least 3 training sessions on emergency response protocols

2 during carbon dioxide releases for emergency responders and

3 medical personnel in any county in which carbon dioxide is

4 proposed to be, or is, transported or sequestered. Unless a

5 health emergency necessitates virtual training only, the

6 training sessions shall be in-person with the option to join

7 remotely and shall be recorded. The recordings shall be

8 maintained on the Illinois Emergency Management Agency and

9 Office of Homeland Security's and Department's publicly

10 available websites.

11 (c) Within one year after the effective date of this Act,

12 the Illinois Emergency Management Agency and Office of

13 Homeland Security and the Department shall jointly prepare

14 training materials for residents, businesses, and other

15 persons and entities located within 2 miles of a carbon

16 dioxide pipeline or above the area of review regarding a

17 carbon dioxide release. The training materials shall include,

18 but are not limited to:

19 (1) how to identify a carbon dioxide release;

20 (2) what to do in the event of a carbon dioxide

21 release;

22 (3) symptoms of exposure to a carbon dioxide release;

23 and

24 (4) recommendations for items residents and other

25 entities may want to purchase or request, including, but

26 not limited to, carbon dioxide monitors and air supply

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1 respirators.

2 (d) Each year, the Illinois Emergency Management Agency

3 and Office of Homeland Security and the Department, in

4 cooperation with local emergency response personnel, shall

5 offer at least 2 public training sessions for residents and

6 local businesses in every county in which carbon dioxide is

7 proposed to be, or is, transported or sequestered. Unless a

8 health emergency necessitates virtual training only, the

9 training sessions shall be in-person with the option to join

10 remotely and shall be recorded. The recordings shall be

11 maintained on the Illinois Emergency Management Agency and

12 Office of Homeland Security's and Department's publicly

13 available websites.

14 (e) Every 5 years, the Illinois Emergency Management

15 Agency and Office of Homeland Security and the Department

16 shall review and, if appropriate, revise the training

17 materials developed under this Section to incorporate new best

18 practices, technologies, developments, or information that (i)

19 improves emergency response and treatment for carbon dioxide

20 releases and (ii) may assist local residents and businesses to

21 be better prepared in the event of a carbon dioxide release.

22 Section 45. Carbon Dioxide Pipeline Setback Study.

23 (a) The General Assembly finds and determines that:

24 (1) Carbon dioxide is an asphyxiant. A carbon dioxide

25 leak or rupture from a carbon dioxide pipeline poses a

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1 risk of grave harm to human health, animals, and the

2 environment. No standards exist to minimize harm to humans

3 and animals in the event of a carbon dioxide pipeline leak

4 or rupture.

5 (2) Further information and analysis is necessary to

6 determine how far carbon dioxide pipelines must be

7 separated from populated and sensitive areas to minimize

8 potential harm to human health, animals, and the

9 environment.

10 (b) Within 3 months of the effective date of this Act of

11 the 103rd General Assembly, the State shall commission a study

12 evaluating how far carbon dioxide pipelines must be separated

13 from residences, hospitals, schools, nursing homes, places of

14 worship, jails, prisons, businesses, industry, other locations

15 where people congregate, and livestock, in order to ensure

16 that (i) a release of carbon dioxide will not intoxicate,

17 asphyxiate, or otherwise harm humans, livestock, or other

18 animals; and (ii) adequate time will be available for the safe

19 and successful evacuation or rescue of people and animals in

20 the event of a pipeline rupture or leak. The study shall:

21 (1) be conducted by the Department, in collaboration

22 with the Agency and the Illinois Emergency Management

23 Agency and Office of Homeland Security; the Department

24 may, at its discretion, contract with a Qualified Third

25 Party to conduct the study in its stead in accordance with

26 this Section;

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1 (2) Incorporate input from first responders, including

2 both voluntary and paid professionals; law enforcement

3 officials; medical and veterinary professionals;

4 transportation experts; carbon dioxide pipeline engineers;

5 meteorologists; geologists; persons trained in

6 computational fluid dynamic modeling and other modeling of

7 carbon dioxide plumes; County Emergency Management

8 Agencies; township officials; county boards; village

9 boards; city councils; and the general public;

10 (3) Evaluate the effects on humans and livestock of

11 exposure to carbon dioxide resulting from carbon dioxide

12 pipeline ruptures or leaks in a variety of urban,

13 suburban, and rural settings that exist throughout the

14 State, taking into account:

15 (i) a variety of pipeline diameters, including but

16 not limited to pipelines with diameters of 4 inches,

17 10 inches, 16 inches, 22 inches, 28 inches, 34 inches,

18 and 40 inches;

19 (ii) the placement of crack arrestors and shutoff

20 valves in accordance with the most recent guidelines

21 issued by the federal Pipeline and Hazardous Materials

22 Safety Administration;

23 (iii) the operating pressures and flow rates of

24 pipelines transporting carbon dioxide as (A) a liquid

25 and (B) in supercritical state;

26 (iv) the movement of carbon dioxide in a variety

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1 of topographies, built environments, and weather

2 conditions including but not limited to variations in

3 temperature, atmospheric pressure, precipitation, and

4 wind speed and direction; and

5 (v) studies and findings of the federal

6 Occupational Safety and Health Administration, the

7 United States Environmental Protection Agency, the

8 National Institute of Occupational Safety and Health,

9 and the Health and Safety Executive of the United

10 Kingdom concerning the health effects of exposure to

11 carbon dioxide at different concentrations and for

12 different durations, including but not limited to

13 those set out in Table B-1 of Appendix B of the United

14 States Environmental Protection Agency's report titled

15 "Carbon Dioxide as a Fire Suppressant: Examining the

16 Risks," EPA430-R-00-002, dated February 2000; the

17 Immediately Dangerous to Life or Health Value for

18 carbon dioxide exposure established by the National

19 Institute for Occupational Safety and Health; and the

20 paper titled "Assessment of the Major Hazard Potential

21 of Carbon Dioxide (CO2)" from the Health and Safety

22 Executive of the United Kingdom; and

23 (4) be completed within 21 months of the effective

24 date of this Act.

25 (c) Within 3 months of completion of the study, the

26 Department or Qualified Third Party shall issue a final report

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1 containing the following:

2 (1) A summary of the study;

3 (2) Recommended setbacks for each setting and criteria

4 identified in subsection (b)(3), accounting for:

5 (i) varying concentrations of carbon dioxide,

6 duration of exposure, acute health effects, and time

7 consequences of exposure to carbon dioxide;

8 (ii) the time necessary to evacuate or be rescued

9 before oxygen deprivation or toxicity leads to serious

10 health effects, including but not limited to

11 convulsions, unconsciousness, coma, and/or death;

12 (iii) health impacts on, and challenges to

13 evacuation or rescue for, vulnerable populations,

14 including but not limited to:

15 (A)Pregnant women and people with respiratory

16 illness or insufficiency;

17 (B) The elderly, young children, and persons

18 with decreased mobility; and

19 (C) persons who depend primarily on public

20 transportation;

21 (iv) the availability of electric vehicles and

22 other transport options that do not use combustion

23 engines;

24 (v) the potential effects of inclement weather on

25 evacuation and rescue;

26 (vi) the availability of alternate escape routes;

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1 and

2 (vii) the presence of carbon dioxide on highways

3 or railways; potential impacts on passengers on

4 highways or railways; and measures available to limit

5 passengers' exposure to carbon dioxide present on

6 highways or railways;

7 (3) Recommendations for initial funding amounts

8 sufficient to provide first responders, medical

9 professionals, and local governments the equipment,

10 training, staffing, and other items necessary to carry out

11 safe and timely evacuations and rescues in the event of a

12 pipeline leak or rupture, including but not limited to the

13 equipment required to prevent and treat hypothermia,

14 asphyxia, and toxicity; the funding amounts shall be

15 specified as follows:

16 (i) Different recommended funding amounts shall be

17 provided for pipelines that pass through High

18 Consequence Areas as defined by the federal Pipeline

19 and Hazardous Materials Safety Administration, and

20 carbon dioxide pipelines that do not pass through such

21 areas;

22 (ii) Different recommended funding amounts may be

23 provided for varying circumstances, including, but not

24 limited to, areas with few emergency responders;

25 (4) Recommendations for fees to be required of

26 pipeline operators to ensure availability of the

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1 necessary funding amounts, and

2 (5) Recommendations for a method to update the

3 total funding amount and fees to account for changing

4 costs, inflation, and other relevant factors.

5 (d) The Department shall determine the costs of conducting

6 the study and preparing the report required by this Section

7 and each permittee authorized to capture, transport, or

8 sequester carbon dioxide in the State shall be required to pay

9 a supplemental fee, determined by the Department, to cover

10 those costs.

11 Section 50. Carbon Dioxide Capture, Transport, and

12 Sequestration Report.

13 (a) Every 5 years, the Agency shall draft and present to

14 the General Assembly a report on carbon dioxide capture,

15 transport and sequestration in the State. The report shall

16 include, but is not limited to:

17 (i) the locations where carbon dioxide capture,

18 transport, or sequestration is occurring or proposed to

19 occur in the State;

20 (ii) the volume of carbon dioxide captured,

21 transported, and sequestered in the State;

22 (iii) total greenhouse gas emissions associated with

23 the capture, transport, and sequestration of carbon

24 dioxide in the State;

25 (iv) the capture rate of carbon dioxide achieved by

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1 carbon dioxide capture projects in the State;

2 (v) known leaks or ruptures of any carbon dioxide

3 pipelines in the State, together with any damage,

4 injuries, or deaths associated with any such leaks or

5 ruptures;

6 (vi) known instances of carbon dioxide plumes

7 migrating out of confining zones in the State, together

8 with any contamination or harms associated with any such

9 instances; and

10 (vii) recommendations for legislative changes to

11 improve health or safety impacts associated with the

12 capture, transport, and sequestration of carbon dioxide in

13 the State.

14 (b) The Agency shall determine the costs of preparing the

15 reports required by this Section and each permittee authorized

16 to capture, transport, or sequester carbon dioxide in the

17 State shall be required to pay an annual fee, determined by the

18 Agency, to cover those costs.

19 Section 55. The State Finance Act is amended by adding

20 Section 5.1015 as follows:

21 (30 ILCS 105/5.1015 new)

22 Sec. 5.1015. The Carbon Transport and Sequestration

23 Readiness Fund.

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1 Section 60. The Illinois Power Agency Act is amended by

2 changing Sections 1-10 and 1-80 as follows:

3 (20 ILCS 3855/1-10)

4 Sec. 1-10. Definitions.

5 "Agency" means the Illinois Power Agency.

6 "Agency loan agreement" means any agreement pursuant to

7 which the Illinois Finance Authority agrees to loan the

8 proceeds of revenue bonds issued with respect to a project to

9 the Agency upon terms providing for loan repayment

10 installments at least sufficient to pay when due all principal

11 of, interest and premium, if any, on those revenue bonds, and

12 providing for maintenance, insurance, and other matters in

13 respect of the project.

14 "Authority" means the Illinois Finance Authority.

15 "Brownfield site photovoltaic project" means photovoltaics

16 that are either:

17 (1) interconnected to an electric utility as defined

18 in this Section, a municipal utility as defined in this

19 Section, a public utility as defined in Section 3-105 of

20 the Public Utilities Act, or an electric cooperative as

21 defined in Section 3-119 of the Public Utilities Act and

22 located at a site that is regulated by any of the following

23 entities under the following programs:

24 (A) the United States Environmental Protection

25 Agency under the federal Comprehensive Environmental

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1 Response, Compensation, and Liability Act of 1980, as

2 amended;

3 (B) the United States Environmental Protection

4 Agency under the Corrective Action Program of the

5 federal Resource Conservation and Recovery Act, as

6 amended;

7 (C) the Illinois Environmental Protection Agency

8 under the Illinois Site Remediation Program; or

9 (D) the Illinois Environmental Protection Agency

10 under the Illinois Solid Waste Program; or

11 (2) located at the site of a coal mine that has

12 permanently ceased coal production, permanently halted any

13 re-mining operations, and is no longer accepting any coal

14 combustion residues; has both completed all clean-up and

15 remediation obligations under the federal Surface Mining

16 and Reclamation Act of 1977 and all applicable Illinois

17 rules and any other clean-up, remediation, or ongoing

18 monitoring to safeguard the health and well-being of the

19 people of the State of Illinois, as well as demonstrated

20 compliance with all applicable federal and State

21 environmental rules and regulations, including, but not

22 limited, to 35 Ill. Adm. Code Part 845 and any rules for

23 historic fill of coal combustion residuals, including any

24 rules finalized in Subdocket A of Illinois Pollution

25 Control Board docket R2020-019.

26 "Clean coal facility" means an electric generating

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1 facility that uses primarily coal as a feedstock and that

2 captures and sequesters carbon dioxide emissions at the

3 following levels: at least 50% of the total carbon dioxide

4 emissions that the facility would otherwise emit if, at the

5 time construction commences, the facility is scheduled to

6 commence operation before 2016, at least 70% of the total

7 carbon dioxide emissions that the facility would otherwise

8 emit if, at the time construction commences, the facility is

9 scheduled to commence operation during 2016 or 2017, and at

10 least 90% of the total carbon dioxide emissions that the

11 facility would otherwise emit if, at the time construction

12 commences, the facility is scheduled to commence operation

13 after 2017. The power block of the clean coal facility shall

14 not exceed allowable emission rates for sulfur dioxide,

15 nitrogen oxides, carbon monoxide, particulates and mercury for

16 a natural gas-fired combined-cycle facility the same size as

17 and in the same location as the clean coal facility at the time

18 the clean coal facility obtains an approved air permit. All

19 coal used by a clean coal facility shall have high volatile

20 bituminous rank and greater than 1.7 pounds of sulfur per

21 million Btu content, unless the clean coal facility does not

22 use gasification technology and was operating as a

23 conventional coal-fired electric generating facility on June

24 1, 2009 (the effective date of Public Act 95-1027).

25 "Clean coal SNG brownfield facility" means a facility that

26 (1) has commenced construction by July 1, 2015 on an urban

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1 brownfield site in a municipality with at least 1,000,000

2 residents; (2) uses a gasification process to produce

3 substitute natural gas; (3) uses coal as at least 50% of the

4 total feedstock over the term of any sourcing agreement with a

5 utility and the remainder of the feedstock may be either

6 petroleum coke or coal, with all such coal having a high

7 bituminous rank and greater than 1.7 pounds of sulfur per

8 million Btu content unless the facility reasonably determines

9 that it is necessary to use additional petroleum coke to

10 deliver additional consumer savings, in which case the

11 facility shall use coal for at least 35% of the total feedstock

12 over the term of any sourcing agreement; and (4) captures and

13 sequesters at least 85% of the total carbon dioxide emissions

14 that the facility would otherwise emit.

15 "Clean coal SNG facility" means a facility that uses a

16 gasification process to produce substitute natural gas, that

17 sequesters at least 90% of the total carbon dioxide emissions

18 that the facility would otherwise emit, that uses at least 90%

19 coal as a feedstock, with all such coal having a high

20 bituminous rank and greater than 1.7 pounds of sulfur per

21 million Btu content, and that has a valid and effective permit

22 to construct emission sources and air pollution control

23 equipment and approval with respect to the federal regulations

24 for Prevention of Significant Deterioration of Air Quality

25 (PSD) for the plant pursuant to the federal Clean Air Act;

26 provided, however, a clean coal SNG brownfield facility shall

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1 not be a clean coal SNG facility.

2 "Clean energy" means energy generation that is 90% or

3 greater free of carbon dioxide emissions.

4 "Commission" means the Illinois Commerce Commission.

5 "Community renewable generation project" means an electric

6 generating facility that:

7 (1) is powered by wind, solar thermal energy,

8 photovoltaic cells or panels, biodiesel, crops and

9 untreated and unadulterated organic waste biomass, and

10 hydropower that does not involve new construction of dams;

11 (2) is interconnected at the distribution system level

12 of an electric utility as defined in this Section, a

13 municipal utility as defined in this Section that owns or

14 operates electric distribution facilities, a public

15 utility as defined in Section 3-105 of the Public

16 Utilities Act, or an electric cooperative, as defined in

17 Section 3-119 of the Public Utilities Act;

18 (3) credits the value of electricity generated by the

19 facility to the subscribers of the facility; and

20 (4) is limited in nameplate capacity to less than or

21 equal to 5,000 kilowatts.

22 "Costs incurred in connection with the development and

23 construction of a facility" means:

24 (1) the cost of acquisition of all real property,

25 fixtures, and improvements in connection therewith and

26 equipment, personal property, and other property, rights,

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1 and easements acquired that are deemed necessary for the

2 operation and maintenance of the facility;

3 (2) financing costs with respect to bonds, notes, and

4 other evidences of indebtedness of the Agency;

5 (3) all origination, commitment, utilization,

6 facility, placement, underwriting, syndication, credit

7 enhancement, and rating agency fees;

8 (4) engineering, design, procurement, consulting,

9 legal, accounting, title insurance, survey, appraisal,

10 escrow, trustee, collateral agency, interest rate hedging,

11 interest rate swap, capitalized interest, contingency, as

12 required by lenders, and other financing costs, and other

13 expenses for professional services; and

14 (5) the costs of plans, specifications, site study and

15 investigation, installation, surveys, other Agency costs

16 and estimates of costs, and other expenses necessary or

17 incidental to determining the feasibility of any project,

18 together with such other expenses as may be necessary or

19 incidental to the financing, insuring, acquisition, and

20 construction of a specific project and starting up,

21 commissioning, and placing that project in operation.

22 "Delivery services" has the same definition as found in

23 Section 16-102 of the Public Utilities Act.

24 "Delivery year" means the consecutive 12-month period

25 beginning June 1 of a given year and ending May 31 of the

26 following year.

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1 "Department" means the Department of Commerce and Economic

2 Opportunity.

3 "Director" means the Director of the Illinois Power

4 Agency.

5 "Demand-response" means measures that decrease peak

6 electricity demand or shift demand from peak to off-peak

7 periods.

8 "Distributed renewable energy generation device" means a

9 device that is:

10 (1) powered by wind, solar thermal energy,

11 photovoltaic cells or panels, biodiesel, crops and

12 untreated and unadulterated organic waste biomass, tree

13 waste, and hydropower that does not involve new

14 construction of dams, waste heat to power systems, or

15 qualified combined heat and power systems;

16 (2) interconnected at the distribution system level of

17 either an electric utility as defined in this Section, a

18 municipal utility as defined in this Section that owns or

19 operates electric distribution facilities, or a rural

20 electric cooperative as defined in Section 3-119 of the

21 Public Utilities Act;

22 (3) located on the customer side of the customer's

23 electric meter and is primarily used to offset that

24 customer's electricity load; and

25 (4) (blank).

26 "Energy efficiency" means measures that reduce the amount

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1 of electricity or natural gas consumed in order to achieve a

2 given end use. "Energy efficiency" includes voltage

3 optimization measures that optimize the voltage at points on

4 the electric distribution voltage system and thereby reduce

5 electricity consumption by electric customers' end use

6 devices. "Energy efficiency" also includes measures that

7 reduce the total Btus of electricity, natural gas, and other

8 fuels needed to meet the end use or uses.

9 "Electric utility" has the same definition as found in

10 Section 16-102 of the Public Utilities Act.

11 "Equity investment eligible community" or "eligible

12 community" are synonymous and mean the geographic areas

13 throughout Illinois which would most benefit from equitable

14 investments by the State designed to combat discrimination.

15 Specifically, the eligible communities shall be defined as the

16 following areas:

17 (1) R3 Areas as established pursuant to Section 10-40

18 of the Cannabis Regulation and Tax Act, where residents

19 have historically been excluded from economic

20 opportunities, including opportunities in the energy

21 sector; and

22 (2) environmental justice communities, as defined by

23 the Illinois Power Agency pursuant to the Illinois Power

24 Agency Act, where residents have historically been subject

25 to disproportionate burdens of pollution, including

26 pollution from the energy sector.

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1 "Equity eligible persons" or "eligible persons" means

2 persons who would most benefit from equitable investments by

3 the State designed to combat discrimination, specifically:

4 (1) persons who graduate from or are current or former

5 participants in the Clean Jobs Workforce Network Program,

6 the Clean Energy Contractor Incubator Program, the

7 Illinois Climate Works Preapprenticeship Program,

8 Returning Residents Clean Jobs Training Program, or the

9 Clean Energy Primes Contractor Accelerator Program, and

10 the solar training pipeline and multi-cultural jobs

11 program created in paragraphs (a)(1) and (a)(3) of Section

12 16-208.12 of the Public Utilities Act;

13 (2) persons who are graduates of or currently enrolled

14 in the foster care system;

15 (3) persons who were formerly incarcerated;

16 (4) persons whose primary residence is in an equity

17 investment eligible community.

18 "Equity eligible contractor" means a business that is

19 majority-owned by eligible persons, or a nonprofit or

20 cooperative that is majority-governed by eligible persons, or

21 is a natural person that is an eligible person offering

22 personal services as an independent contractor.

23 "Facility" means an electric generating unit or a

24 co-generating unit that produces electricity along with

25 related equipment necessary to connect the facility to an

26 electric transmission or distribution system.

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1 "General contractor" means the entity or organization with

2 main responsibility for the building of a construction project

3 and who is the party signing the prime construction contract

4 for the project.

5 "Governmental aggregator" means one or more units of local

6 government that individually or collectively procure

7 electricity to serve residential retail electrical loads

8 located within its or their jurisdiction.

9 "High voltage direct current converter station" means the

10 collection of equipment that converts direct current energy

11 from a high voltage direct current transmission line into

12 alternating current using Voltage Source Conversion technology

13 and that is interconnected with transmission or distribution

14 assets located in Illinois.

15 "High voltage direct current renewable energy credit"

16 means a renewable energy credit associated with a renewable

17 energy resource where the renewable energy resource has

18 entered into a contract to transmit the energy associated with

19 such renewable energy credit over high voltage direct current

20 transmission facilities.

21 "High voltage direct current transmission facilities"

22 means the collection of installed equipment that converts

23 alternating current energy in one location to direct current

24 and transmits that direct current energy to a high voltage

25 direct current converter station using Voltage Source

26 Conversion technology. "High voltage direct current

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1 transmission facilities" includes the high voltage direct

2 current converter station itself and associated high voltage

3 direct current transmission lines. Notwithstanding the

4 preceding, after September 15, 2021 (the effective date of

5 Public Act 102-662), an otherwise qualifying collection of

6 equipment does not qualify as high voltage direct current

7 transmission facilities unless its developer entered into a

8 project labor agreement, is capable of transmitting

9 electricity at 525kv with an Illinois converter station

10 located and interconnected in the region of the PJM

11 Interconnection, LLC, and the system does not operate as a

12 public utility, as that term is defined in Section 3-105 of the

13 Public Utilities Act.

14 "Hydropower" means any method of electricity generation or

15 storage that results from the flow of water, including

16 impoundment facilities, diversion facilities, and pumped

17 storage facilities.

18 "Index price" means the real-time energy settlement price

19 at the applicable Illinois trading hub, such as PJM-NIHUB or

20 MISO-IL, for a given settlement period.

21 "Indexed renewable energy credit" means a tradable credit

22 that represents the environmental attributes of one megawatt

23 hour of energy produced from a renewable energy resource, the

24 price of which shall be calculated by subtracting the strike

25 price offered by a new utility-scale wind project or a new

26 utility-scale photovoltaic project from the index price in a

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1 given settlement period.

2 "Indexed renewable energy credit counterparty" has the

3 same meaning as "public utility" as defined in Section 3-105

4 of the Public Utilities Act.

5 "Local government" means a unit of local government as

6 defined in Section 1 of Article VII of the Illinois

7 Constitution.

8 "Modernized" or "retooled" means the construction, repair,

9 maintenance, or significant expansion of turbines and existing

10 hydropower dams.

11 "Municipality" means a city, village, or incorporated

12 town.

13 "Municipal utility" means a public utility owned and

14 operated by any subdivision or municipal corporation of this

15 State.

16 "Nameplate capacity" means the aggregate inverter

17 nameplate capacity in kilowatts AC.

18 "Person" means any natural person, firm, partnership,

19 corporation, either domestic or foreign, company, association,

20 limited liability company, joint stock company, or association

21 and includes any trustee, receiver, assignee, or personal

22 representative thereof.

23 "Project" means the planning, bidding, and construction of

24 a facility.

25 "Project labor agreement" means a pre-hire collective

26 bargaining agreement that covers all terms and conditions of

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1 employment on a specific construction project and must include

2 the following:

3 (1) provisions establishing the minimum hourly wage

4 for each class of labor organization employee;

5 (2) provisions establishing the benefits and other

6 compensation for each class of labor organization

7 employee;

8 (3) provisions establishing that no strike or disputes

9 will be engaged in by the labor organization employees;

10 (4) provisions establishing that no lockout or

11 disputes will be engaged in by the general contractor

12 building the project; and

13 (5) provisions for minorities and women, as defined

14 under the Business Enterprise for Minorities, Women, and

15 Persons with Disabilities Act, setting forth goals for

16 apprenticeship hours to be performed by minorities and

17 women and setting forth goals for total hours to be

18 performed by underrepresented minorities and women.

19 A labor organization and the general contractor building

20 the project shall have the authority to include other terms

21 and conditions as they deem necessary.

22 "Public utility" has the same definition as found in

23 Section 3-105 of the Public Utilities Act.

24 "Qualified combined heat and power systems" means systems

25 that, either simultaneously or sequentially, produce

26 electricity and useful thermal energy from a single fuel

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1 source. Such systems are eligible for "renewable energy

2 credits" in an amount equal to its total energy output where a

3 renewable fuel is consumed or in an amount equal to the net

4 reduction in nonrenewable fuel consumed on a total energy

5 output basis.

6 "Real property" means any interest in land together with

7 all structures, fixtures, and improvements thereon, including

8 lands under water and riparian rights, any easements,

9 covenants, licenses, leases, rights-of-way, uses, and other

10 interests, together with any liens, judgments, mortgages, or

11 other claims or security interests related to real property.

12 "Renewable energy credit" means a tradable credit that

13 represents the environmental attributes of one megawatt hour

14 of energy produced from a renewable energy resource.

15 "Renewable energy resources" includes energy and its

16 associated renewable energy credit or renewable energy credits

17 from wind, solar thermal energy, photovoltaic cells and

18 panels, biodiesel, anaerobic digestion, crops and untreated

19 and unadulterated organic waste biomass, and hydropower that

20 does not involve new construction of dams, waste heat to power

21 systems, or qualified combined heat and power systems. For

22 purposes of this Act, landfill gas produced in the State is

23 considered a renewable energy resource. "Renewable energy

24 resources" does not include the incineration or burning of

25 tires, garbage, general household, institutional, and

26 commercial waste, industrial lunchroom or office waste,

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1 landscape waste, railroad crossties, utility poles, or

2 construction or demolition debris, other than untreated and

3 unadulterated waste wood. "Renewable energy resources" also

4 includes high voltage direct current renewable energy credits

5 and the associated energy converted to alternating current by

6 a high voltage direct current converter station to the extent

7 that: (1) the generator of such renewable energy resource

8 contracted with a third party to transmit the energy over the

9 high voltage direct current transmission facilities, and (2)

10 the third-party contracting for delivery of renewable energy

11 resources over the high voltage direct current transmission

12 facilities have ownership rights over the unretired associated

13 high voltage direct current renewable energy credit.

14 "Retail customer" has the same definition as found in

15 Section 16-102 of the Public Utilities Act.

16 "Revenue bond" means any bond, note, or other evidence of

17 indebtedness issued by the Authority, the principal and

18 interest of which is payable solely from revenues or income

19 derived from any project or activity of the Agency.

20 "Sequester" means permanent storage of carbon dioxide by

21 injecting it into a saline aquifer, a depleted ~~gas~~ reservoir,

22 or other pore space ~~or an oil reservoir, directly or through an~~

23 ~~enhanced oil recovery process that may involve intermediate~~

24 ~~storage, regardless of whether these activities are conducted~~

25 ~~by a clean coal facility, a clean coal SNG facility, a clean~~

26 ~~coal SNG brownfield facility, or a party with which a clean~~

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1 ~~coal facility, clean coal SNG facility, or clean coal SNG~~

2 ~~brownfield facility has contracted for such purposes~~.

3 "Service area" has the same definition as found in Section

4 16-102 of the Public Utilities Act.

5 "Settlement period" means the period of time utilized by

6 MISO and PJM and their successor organizations as the basis

7 for settlement calculations in the real-time energy market.

8 "Sourcing agreement" means (i) in the case of an electric

9 utility, an agreement between the owner of a clean coal

10 facility and such electric utility, which agreement shall have

11 terms and conditions meeting the requirements of paragraph (3)

12 of subsection (d) of Section 1-75, (ii) in the case of an

13 alternative retail electric supplier, an agreement between the

14 owner of a clean coal facility and such alternative retail

15 electric supplier, which agreement shall have terms and

16 conditions meeting the requirements of Section 16-115(d)(5) of

17 the Public Utilities Act, and (iii) in case of a gas utility,

18 an agreement between the owner of a clean coal SNG brownfield

19 facility and the gas utility, which agreement shall have the

20 terms and conditions meeting the requirements of subsection

21 (h-1) of Section 9-220 of the Public Utilities Act.

22 "Strike price" means a contract price for energy and

23 renewable energy credits from a new utility-scale wind project

24 or a new utility-scale photovoltaic project.

25 "Subscriber" means a person who (i) takes delivery service

26 from an electric utility, and (ii) has a subscription of no

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1 less than 200 watts to a community renewable generation

2 project that is located in the electric utility's service

3 area. No subscriber's subscriptions may total more than 40% of

4 the nameplate capacity of an individual community renewable

5 generation project. Entities that are affiliated by virtue of

6 a common parent shall not represent multiple subscriptions

7 that total more than 40% of the nameplate capacity of an

8 individual community renewable generation project.

9 "Subscription" means an interest in a community renewable

10 generation project expressed in kilowatts, which is sized

11 primarily to offset part or all of the subscriber's

12 electricity usage.

13 "Substitute natural gas" or "SNG" means a gas manufactured

14 by gasification of hydrocarbon feedstock, which is

15 substantially interchangeable in use and distribution with

16 conventional natural gas.

17 "Total resource cost test" or "TRC test" means a standard

18 that is met if, for an investment in energy efficiency or

19 demand-response measures, the benefit-cost ratio is greater

20 than one. The benefit-cost ratio is the ratio of the net

21 present value of the total benefits of the program to the net

22 present value of the total costs as calculated over the

23 lifetime of the measures. A total resource cost test compares

24 the sum of avoided electric utility costs, representing the

25 benefits that accrue to the system and the participant in the

26 delivery of those efficiency measures and including avoided

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1 costs associated with reduced use of natural gas or other

2 fuels, avoided costs associated with reduced water

3 consumption, and avoided costs associated with reduced

4 operation and maintenance costs, as well as other quantifiable

5 societal benefits, to the sum of all incremental costs of

6 end-use measures that are implemented due to the program

7 (including both utility and participant contributions), plus

8 costs to administer, deliver, and evaluate each demand-side

9 program, to quantify the net savings obtained by substituting

10 the demand-side program for supply resources. In calculating

11 avoided costs of power and energy that an electric utility

12 would otherwise have had to acquire, reasonable estimates

13 shall be included of financial costs likely to be imposed by

14 future regulations and legislation on emissions of greenhouse

15 gases. In discounting future societal costs and benefits for

16 the purpose of calculating net present values, a societal

17 discount rate based on actual, long-term Treasury bond yields

18 should be used. Notwithstanding anything to the contrary, the

19 TRC test shall not include or take into account a calculation

20 of market price suppression effects or demand reduction

21 induced price effects.

22 "Utility-scale solar project" means an electric generating

23 facility that:

24 (1) generates electricity using photovoltaic cells;

25 and

26 (2) has a nameplate capacity that is greater than

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1 5,000 kilowatts.

2 "Utility-scale wind project" means an electric generating

3 facility that:

4 (1) generates electricity using wind; and

5 (2) has a nameplate capacity that is greater than

6 5,000 kilowatts.

7 "Waste Heat to Power Systems" means systems that capture

8 and generate electricity from energy that would otherwise be

9 lost to the atmosphere without the use of additional fuel.

10 "Zero emission credit" means a tradable credit that

11 represents the environmental attributes of one megawatt hour

12 of energy produced from a zero emission facility.

13 "Zero emission facility" means a facility that: (1) is

14 fueled by nuclear power; and (2) is interconnected with PJM

15 Interconnection, LLC or the Midcontinent Independent System

16 Operator, Inc., or their successors.

17 (Source: P.A. 102-662, eff. 9-15-21; 103-154, eff. 6-28-23;

18 103-380, eff. 1-1-24.)

19 (20 ILCS 3855/1-80)

20 Sec. 1-80. Resource Development Bureau. Upon its

21 establishment by the Agency, the Resource Development Bureau

22 has the following duties and responsibilities:

23 (a) At the Agency's discretion, conduct feasibility

24 studies on the construction of any facility. Funding for a

25 study shall come from either:

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1 (i) fees assessed by the Agency on municipal

2 electric systems, governmental aggregators, unit or

3 units of local government, or rural electric

4 cooperatives requesting the feasibility study; or

5 (ii) an appropriation from the General Assembly.

6 (b) If the Agency undertakes the construction of a

7 facility, moneys generated from the sale of revenue bonds

8 by the Authority for the facility shall be used to

9 reimburse the source of the money used for the facility's

10 feasibility study.

11 (c) The Agency may develop, finance, construct, or

12 operate electric generation and co-generation facilities

13 that use ~~indigenous coal or~~ renewable resources~~, or both,~~

14 financed with bonds issued by the Authority on behalf of

15 the Agency. ~~Any such facility that uses coal must be a~~

16 ~~clean coal facility and must be constructed in a location~~

17 ~~where the geology is suitable for carbon sequestration.~~

18 ~~The Agency may also develop, finance, construct, or~~

19 ~~operate a carbon sequestration facility.~~

20 (1) The Agency may enter into contractual

21 arrangements with private and public entities,

22 including but not limited to municipal electric

23 systems, governmental aggregators, and rural electric

24 cooperatives, to plan, site, construct, improve,

25 rehabilitate, and operate those electric generation

26 and co-generation facilities. No contract shall be

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1 entered into by the Agency that would jeopardize the

2 tax-exempt status of any bond issued in connection

3 with a project for which the Agency entered into the

4 contract.

5 (2) The Agency shall hold at least one public

6 hearing before entering into any such contractual

7 arrangements. At least 30-days' notice of the hearing

8 shall be given by publication once in each week during

9 that period in 6 newspapers within the State, at least

10 one of which has a circulation area that includes the

11 location of the proposed facility.

12 (3) (Blank). ~~The first facility that the Agency~~

13 ~~develops, finances, or constructs shall be a facility~~

14 ~~that uses coal produced in Illinois. The Agency may,~~

15 ~~however, also develop, finance, or construct renewable~~

16 ~~energy facilities after work on the first facility has~~

17 ~~commenced.~~

18 (4) The Agency may not develop, finance, or

19 construct a nuclear power plant.

20 (5) The Agency shall assess fees to applicants

21 seeking to partner with the Agency on projects.

22 (d) Use of electricity generated by the Agency's

23 facilities. The Agency may supply electricity produced by

24 the Agency's facilities to municipal electric systems,

25 governmental aggregators, or rural electric cooperatives

26 in Illinois. The electricity shall be supplied at cost.

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1 (1) Contracts to supply power and energy from the

2 Agency's facilities shall provide for the effectuation

3 of the policies set forth in this Act.

4 (2) The contracts shall also provide that,

5 notwithstanding any provision in the Public Utilities

6 Act, entities supplied with power and energy from an

7 Agency facility shall supply the power and energy to

8 retail customers at the same price paid to purchase

9 power and energy from the Agency.

10 (e) Electric utilities shall not be required to purchase

11 electricity directly or indirectly from facilities developed

12 or sponsored by the Agency.

13 (f) The Agency may sell excess capacity and excess energy

14 into the wholesale electric market at prevailing market rates;

15 provided, however, the Agency may not sell excess capacity or

16 excess energy through the procurement process described in

17 Section 16-111.5 of the Public Utilities Act.

18 (g) The Agency shall not directly sell electric power and

19 energy to retail customers. Nothing in this paragraph shall be

20 construed to prohibit sales to municipal electric systems,

21 governmental aggregators, or rural electric cooperatives.

22 (Source: P.A. 99-536, eff. 7-8-16.)

23 Section 65. The Carbon Dioxide Transportation and

24 Sequestration Act is amended by changing Sections 10, 15, and

25 20 as follows:

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1 (220 ILCS 75/10)

2 Sec. 10. Definitions. As used in this Act:

3 "Carbon dioxide pipeline" or "pipeline" has the meaning

4 given to those terms in Section 10 of the Carbon Dioxide

5 Transport and Storage Protections Act ~~means the in-state~~

6 ~~portion of a pipeline, including appurtenant facilities,~~

7 ~~property rights, and easements, that are used exclusively for~~

8 ~~the purpose of transporting carbon dioxide to a point of sale,~~

9 ~~storage, enhanced oil recovery, or other carbon management~~

10 ~~application~~.

11 "Clean coal facility" has the meaning ascribed to that

12 term in Section 1-10 of the Illinois Power Agency Act.

13 "Clean coal SNG facility" has the meaning ascribed to that

14 term in Section 1-10 of the Illinois Power Agency Act.

15 "Commission" means the Illinois Commerce Commission.

16 "Sequester" has the meaning ascribed to that term in

17 Section 1-10 of the Illinois Power Agency Act.

18 "Transportation" or "transport" has the meaning given to

19 those terms in Section 10 of the Carbon Dioxide Transport and

20 Storage Protections Act ~~means the physical movement of carbon~~

21 ~~dioxide by pipeline conducted for a person's own use or~~

22 ~~account or the use or account of another person or persons~~.

23 (Source: P.A. 97-534, eff. 8-23-11.)

24 (220 ILCS 75/15)

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1 Sec. 15. Scope. This Act applies to the application

2 process for the issuance of a certificate of authority by an

3 owner or operator of a pipeline designed, constructed, and

4 operated to transport and to sequester carbon dioxide ~~produced~~

5 ~~by a clean coal facility, by a clean coal SNG facility, or by~~

6 ~~any other source that will result in the reduction of carbon~~

7 ~~dioxide emissions from that source~~.

8 (Source: P.A. 97-534, eff. 8-23-11.)

9 (220 ILCS 75/20)

10 Sec. 20. Application.

11 (a) No person or entity may construct, operate, or repair

12 a carbon dioxide pipeline unless the person or entity

13 possesses a certificate of authority.

14 (a-5) Before filing an application for a certificate of

15 authority with the Commission, a person or entity seeking the

16 certificate must:

17 (1) obtain the following documents:

18 (A) a carbon dioxide pipeline routing permit

19 issued by the Illinois Environmental Protection Agency

20 under Section 9.21 of the Environmental Protection

21 Act;

22 (B) if the carbon dioxide to be transported by the

23 pipeline will be sequestered in the State, a carbon

24 dioxide sequestration permit issued by the Illinois

25 Environmental Protection Agency under Section 22.64 of

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1 the Environmental Protection Act;

2 (C) if the carbon dioxide to be transported by the

3 pipeline will be sequestered outside of the State, a

4 Class VI carbon dioxide injection permit issued by the

5 United States Environmental Protection Agency under

6 the federal Safe Drinking Water Act;

7 (D) if the carbon dioxide to be transported by the

8 pipeline will be obtained, in whole or in part, from a

9 facility in the State, any carbon capture permits for

10 that carbon dioxide issued by the Illinois

11 Environmental Protection Agency under Section 9.21 of

12 the Environmental Protection Act; and

13 (E) if the carbon dioxide to be transported by the

14 pipeline will be obtained, in whole or in part, from a

15 facility or facilities outside the State,

16 documentation that contracts between the pipeline

17 developer and out-of-State capture facility for

18 transport of the carbon dioxide have been finalized;

19 and

20 (2) At least 30 days before filing the application for

21 a Certificate of Authority:

22 (A) send by certified U.S. Mail a notice to all

23 owners of real property within 2 miles of the intended

24 pipeline route or route width of the person or

25 entity's intent to file an application for a

26 Certificate of Authority for the pipeline; the notice

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1 shall include a map of the intended pipeline route or

2 route width and state that the pipeline is proposed to

3 be located within 2 miles of the property; and

4 (B) provide notice to each unit of local

5 government within 2 miles of the proposed pipeline

6 route or route width and include a map of the proposed

7 pipeline route or route width; the applicant shall

8 also publish notice in a newspaper of general

9 circulation in each county where the pipeline is

10 proposed to be located.

11 (b) The Commission shall not open a docket on an

12 application for a certificate of authority to construct and

13 operate a carbon dioxide pipeline unless and until the

14 applicant has completed all of the following:

15 (1) submitted to the Commission, as part of its

16 application for a Certificate of Authority, the carbon

17 dioxide pipeline routing permit issued by the Illinois

18 Environmental Protection Agency under Section 9.21 of the

19 Environmental Protection Act, together with the

20 application materials submitted for that permit; if the

21 applicant seeks a route width under subsection (d) that

22 would allow the pipeline to be constructed outside of the

23 specific route approved by the Illinois Environmental

24 Protection Agency, it shall include a map of the proposed

25 route width in its application;

26 (2) submitted to the Commission, as part of its

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1 application for a Certificate of Authority, any and all

2 authorizations to capture and sequester carbon dioxide

3 that the applicant must obtain under subsection (a-5);

4 (3) submitted to the Commission, as part of its

5 application for a Certificate of Authority, proof that it

6 has satisfied the notice requirements of subsection

7 (a-5)(2);

8 (4) demonstrated to the satisfaction of the Commission

9 that the applicant has filed any and all forms required to

10 be filed with the federal Pipeline and Hazardous Materials

11 Safety Administration in advance of constructing a carbon

12 dioxide pipeline;

13 (5) demonstrated to the satisfaction of the Commission

14 that the applicant has filed any and all applications for

15 permits required by the U.S. Army Corps of Engineers in

16 advance of constructing a carbon dioxide pipeline;

17 (6) demonstrated to the satisfaction of the Commission

18 that the applicant has entered into an agreement with the

19 Illinois Department of Agriculture that governs the

20 mitigation of agricultural impacts associated with the

21 construction of the proposed pipeline;

22 (7) submitted to the Commission, as part of its

23 application for a Certificate of Authority, the list

24 required to be complied under subsection (d) of Section

25 9.21 of the Environmental Protection Act, of all occupied

26 residences, businesses, schools, daycares, healthcare

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1 facilities and High Consequence Areas located within 2

2 miles of the proposed pipeline route, together with

3 certification that all units of local government within 2

4 miles of the proposed pipeline route have been given the

5 list;

6 (8) submitted to the Commission, as part of its

7 application for a Certificate of Authority, proof of

8 insurance to cover injuries, damages, or losses related to

9 a release of carbon dioxide from the pipeline in the

10 amount of at least $250,000,000, from an insurance carrier

11 authorized, licensed, or permitted to provide insurance

12 coverage in this State and that holds at least an A- rating

13 by an American credit rating agency that focuses on the

14 insurance industry;

15 (9) submitted to the Commission, as part of its

16 application for a Certificate of Authority, proof that it

17 has obtained a performance bond or other financial

18 assurance sufficient to cover the cost of emergency

19 response and remediation for any pipeline leak or failure,

20 in the form of a trust fund, a surety bond guaranteeing

21 payment, a surety bond guaranteeing performance, or an

22 irrevocable letter of credit consistent with rules adopted

23 by the Commission;

24 (10) submitted to the Commission, as part of its

25 application for a Certificate of Authority, an economic

26 analysis and supporting documentation identifying any

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1 economic benefits to local governments or the State

2 associated with the proposed pipeline; the anticipated

3 number of jobs to be created by the pipeline project; and

4 any job commitments, including, but not limited to,

5 contracts or agreements, the applicant has made to local

6 contractors or unions;

7 (11) submitted to the Commission any other documents

8 or information the Commission deems necessary to be

9 included in an application for a Certificate of Authority;

10 and

11 (12) posted its complete application for a Certificate

12 of Authority, including all documents required by this

13 subsection (b), on a public website that must be available

14 to the public without a password, sign-in, or other

15 registration.

16 (b-1) Any entity or person who intervenes, in accordance

17 with the Commission's rules, in the docket of an application

18 for a certificate of authority for a carbon dioxide pipeline,

19 shall be afforded the opportunity to call witnesses to testify

20 during the public hearing referenced in subsection (c).

21 (c) ~~(b)~~ The Commission, after a hearing, may grant an

22 application for a certificate of authority authorizing the

23 construction and operation of a carbon dioxide pipeline if it

24 makes a specific written finding as to each of the following:

25 (1) the application was properly filed;

26 (2) the applicant is fit, willing, and able to

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1 construct and operate the pipeline in compliance with this

2 Act and with Commission regulations and orders of the

3 Commission or any applicable federal agencies;

4 (3) the applicant has entered into an agreement with a

5 clean coal facility, a clean coal SNG facility, or any

6 other source that will result in the reduction of carbon

7 dioxide emissions from that source;

8 (4) the applicant has submitted all documentation and

9 information required by subsection (b) ~~filed with the~~

10 ~~Pipeline and Hazardous Materials Safety Administration of~~

11 ~~the U.S. Department of Transportation all forms required~~

12 ~~by that agency in advance of constructing a carbon dioxide~~

13 ~~pipeline~~;

14 ~~(5) the applicant has filed with the U.S. Army Corps~~

15 ~~of Engineers all applications for permits required by that~~

16 ~~agency in advance of constructing a carbon dioxide~~

17 ~~pipeline;~~

18 ~~(6) the applicant has entered into an agreement with~~

19 ~~the Illinois Department of Agriculture that governs the~~

20 ~~mitigation of agricultural impacts associated with the~~

21 ~~construction of the proposed pipeline;~~

22 (5) ~~(7)~~ the applicant possesses the financial,

23 managerial, legal, and technical qualifications necessary

24 to construct and operate the proposed carbon dioxide

25 pipeline; ~~and~~

26 (6) the applicant has submitted proof that it has

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1 obtained an easement, lease, or title from all persons

2 owning any portion of the property the applicant seeks to

3 use for the construction, maintenance, or operation of the

4 proposed carbon dioxide pipeline;

5 (7) the applicant has demonstrated that ~~(8)~~ the

6 proposed pipeline is consistent with the public interest

7 and ~~,~~ public benefit and the benefits of the proposed

8 pipeline exceed any and all risks to residents of the

9 State ~~, and legislative purpose as set forth in this Act~~.

10 In addition to any other evidence the Commission may

11 consider on this specific finding, the Commission shall

12 consider the following:

13 (A) any evidence of the effect of the pipeline

14 upon the economy, infrastructure, environment, and

15 public safety presented by local governmental units

16 and intervenors that will be affected by the proposed

17 pipeline route;

18 (B) any evidence of the effect of the pipeline

19 upon property values presented by property owners who

20 will be affected by the proposed pipeline or facility,

21 provided that the Commission need not hear evidence as

22 to the actual valuation of property such as that as

23 would be presented to and determined by the courts

24 under the Eminent Domain Act;

25 (C) any evidence presented by the Department of

26 Commerce and Economic Opportunity regarding the

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1 current and future local, State-wide, or regional

2 economic effect, direct or indirect, of the proposed

3 pipeline or facility including, but not limited to,

4 ability of the State to attract economic growth, meet

5 future energy requirements, and ensure compliance with

6 environmental requirements and goals;

7 (D) any evidence addressing the factors described

8 in items (1) through (7) ~~(8)~~ of this subsection (c) ~~(b)~~

9 or other relevant factors that is presented by any

10 other State agency, the applicant, a party, or other

11 entity that participates in the proceeding, including

12 evidence presented by the Commission's staff; ~~and~~

13 (E) written or oral public comments offered at the

14 public hearing or before the deadline set by the

15 Commission under subsection (f); and

16 (F) any evidence presented by any State or federal

17 governmental entity as to how the proposed pipeline

18 will affect the security, stability, and reliability

19 of energy.

20 In its written order, the Commission shall address all of

21 the evidence presented, and if the order is contrary to any of

22 the evidence, the Commission shall state the reasons for its

23 determination with regard to that evidence.

24 (c) (Blank). ~~When an applicant files its application for a~~

25 ~~certificate of authority with the Commission, it shall provide~~

26 ~~notice to each local government where the proposed pipeline~~

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1 ~~will be located and include a map of the proposed pipeline~~

2 ~~route. The applicant shall also publish notice in a newspaper~~

3 ~~of general circulation in each county where the proposed~~

4 ~~pipeline is located.~~

5 (d) An application for a certificate of authority filed

6 pursuant to this Section shall request either that the

7 Commission review and approve the route approved by the

8 Illinois Environmental Protection Agency pursuant to Section

9 9.21 of the Environmental Protection Act ~~a specific route for~~

10 ~~a carbon dioxide pipeline~~, or that the Commission review and

11 approve a project route width that authorizes construction of

12 the pipeline within a pipeline right-of-way that extends 100

13 feet in either direction from the route approved by the

14 Illinois Environmental Protection Agency ~~identifies the areas~~

15 ~~in which the pipeline would be located, with such width~~

16 ~~ranging from the minimum width required for a pipeline~~

17 ~~right-of-way up to 200 feet in width. A map of the route or~~

18 ~~route width shall be included in the application~~. The purpose

19 for allowing the option of review and approval of a project

20 route width is to provide increased flexibility during the

21 construction process to accommodate specific landowner

22 requests~~, avoid environmentally sensitive areas, or address~~

23 ~~special environmental permitting requirements~~.

24 (e) ~~The Commission's rules shall ensure that notice of an~~

25 ~~application for a certificate of authority is provided within~~

26 ~~30 days after filing to the landowners along a proposed~~

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1 ~~project route, or to the potentially affected landowners~~

2 ~~within a proposed project route width, using the notification~~

3 ~~procedures set forth in the Commission's rules.~~ If the

4 Commission grants approval of a project route width as opposed

5 to a specific project route, then the applicant must, at least

6 14 days in advance of beginning construction on any tract

7 within the project route width ~~as it finalizes the actual~~

8 ~~pipeline alignment within the project route width~~, file with

9 the Commission a final revised carbon dioxide pipeline routing

10 permit issued by the Illinois Environmental Protection Agency

11 under Section 9.21 of the Environmental Protection Act,

12 approving the final route, together with its final list of

13 ~~affected~~ landowners with real property within 2 miles of the

14 pipeline route ~~the Commission at least 14 days in advance of~~

15 ~~beginning construction on any tract within the project route~~

16 ~~width and also provide the Commission with at least 14 days'~~

17 ~~notice before filing a complaint for eminent domain in the~~

18 ~~circuit court with regard to any tract within the project~~

19 ~~route width~~.

20 (f) Either during or within 10 days after the evidentiary

21 hearing held on the application for the Certificate of

22 Authority, the Commission shall host a public hearing to

23 receive oral public comments about the application. The

24 hearing shall be scheduled at a time and place that

25 facilitates public participation, and shall begin with a brief

26 presentation by the Commission of the proposed permit and the

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1 standards for granting a certificate of authority. Time limits

2 for each public comment shall not be less than 10 minutes and

3 the total time for public comment shall not be less than 5

4 hours, provided, however, that all attendees who arrived

5 during that 5-hour period who wish to offer comment shall be

6 afforded the opportunity to do so. The Commission shall set a

7 deadline of no earlier than 30 days following the public

8 hearing required by this subsection to receive written public

9 comments.

10 (g) ~~(f)~~ The Commission shall make its determination on any

11 application for a certificate of authority filed pursuant to

12 this Section and issue its final order within 11 months after

13 the date that the application is filed. The Commission's

14 failure to act within this time period shall not be deemed an

15 approval or denial of the application.

16 (h) ~~(g)~~ A final order of the Commission granting a

17 certificate of authority pursuant to this Act shall be

18 conditioned upon the applicant obtaining all required permits

19 or approvals from the Pipeline and Hazardous Materials Safety

20 Administration of the U.S. Department of Transportation, U.S.

21 Army Corps of Engineers, ~~and~~ Illinois Department of

22 Agriculture, and Illinois Environmental Protection Agency, in

23 addition to all other permits and approvals necessary for the

24 construction and operation of the pipeline prior to the start

25 of any construction. The final order must specifically

26 prohibit the start of any construction until all such permits

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1 and approvals have been obtained.

2 (i) Once the Commission has entered an order approving

3 either a specific route or route width under this Section, the

4 holder of the certificate of authority may not deviate from

5 the route approved by the Commission and the Environmental

6 Protection Agency without first:

7 (1) obtaining a revised carbon dioxide routing permit

8 from the Environmental Protection Agency under Section

9 9.21 of the Environmental Protection Act, approving all

10 proposed route deviations; and

11 (2) filing with the Commission, and receiving

12 Commission approval of, supplemental applications for

13 deviations from the approved project route or route width.

14 Each ~~(h) Within 6 months after the Commission's entry of~~

15 ~~an order approving either a specific route or a project~~

16 ~~route width under this Section, the owner or operator of~~

17 ~~the carbon dioxide pipeline that receives that order may~~

18 ~~file supplemental applications for minor route deviations~~

19 ~~outside the approved project route width, allowing for~~

20 ~~additions or changes to the approved route to address~~

21 ~~environmental concerns encountered during construction or~~

22 ~~to accommodate landowner requests. The~~ supplemental

23 application shall specifically detail the environmental

24 concerns or landowner requests prompting the route

25 changes, including the names of any landowners or entities

26 involved. Notice of a supplemental application shall be

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1 provided to any State agency or unit of local government

2 that appeared in the original proceeding and to any

3 landowner affected by the proposed route deviation at the

4 time that supplemental application is filed. The route

5 deviations shall be approved by the Commission no sooner

6 than 90 days after all interested parties receive notice

7 of the supplemental application, unless a written

8 objection is filed to the supplemental application within

9 45 days after such notice is received. If a written

10 objection is filed, then the Commission shall issue an

11 order either granting or denying the route deviation

12 within 90 days after the filing of the objection. Hearings

13 on any such supplemental application shall be limited to

14 the reasonableness of the specific variance proposed, and

15 the issues of the public interest and benefit of the

16 project or fitness of the applicant shall be considered

17 only to the extent that the route deviation has raised new

18 concerns with regard to those issues.

19 (j) ~~(i)~~ A certificate of authority to construct and

20 operate a carbon dioxide pipeline issued by the Commission

21 shall contain and include ~~all of the following: (1)~~ a grant of

22 authority to construct and operate a carbon dioxide pipeline

23 as requested in the application, subject to the laws of this

24 State. ~~; and~~

25 ~~(2) a limited grant of authority to take and acquire~~

26 ~~an easement in any property or interest in property for~~

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1 ~~the construction, maintenance, or operation of a carbon~~

2 ~~dioxide pipeline in the manner provided for the exercise~~

3 ~~of the power of eminent domain under the Eminent Domain~~

4 ~~Act. The limited grant of authority shall be restricted~~

5 ~~to, and exercised solely for, the purpose of siting,~~

6 ~~rights-of-way, and easements appurtenant, including~~

7 ~~construction and maintenance. The applicant shall not~~

8 ~~exercise this power until it has used reasonable and good~~

9 ~~faith efforts to acquire the property or easement thereto.~~

10 ~~The applicant may thereafter use this power when the~~

11 ~~applicant determines that the easement is necessary to~~

12 ~~avoid unreasonable delay or economic hardship to the~~

13 ~~progress of activities carried out pursuant to the~~

14 ~~certificate of authority.~~

15 (k) In any instance where an applicant withdraws its

16 application for a Certificate of Authority and refiles an

17 application proposing the same or substantially similar route,

18 the applicant shall compensate any persons or entities that

19 intervened in the withdrawn proceeding for costs of

20 intervention and filing of any materials that are the same as,

21 or substantially similar to, those already filed by the person

22 or entity in the docket for the withdrawn application.

23 (l) If an applicant withdraws or is denied a permit for a

24 Certificate of Authority, anyone who has granted an easement

25 to the applicant for the construction, maintenance, or

26 operation of the proposed carbon dioxide pipeline shall have

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1 the right to have the easement interest conveyed back in

2 return for any amounts paid to the applicant.

3 (Source: P.A. 97-534, eff. 8-23-11.)

4 (220 ILCS 75/5 rep.)

5 Section 70. The Carbon Dioxide Transportation and

6 Sequestration Act is amended by repealing Section 5.

7 Section 75. The Environmental Protection Act is amended by

8 changing Sections 21, 39, and 40 and by adding Sections 3.121,

9 3.132, 3.133, 3.134, 3.136, 3.281, 3.446, 3.447, 9.20, 9.21,

10 and 22.64 as follows:

11 (415 ILCS 5/3.121 new)

12 Sec. 3.121. Area of review. "Area of review" for each

13 sequestration facility, has the same meaning as the "area of

14 review" specified in the Class VI permit issued to that

15 sequestration facility under the federal Safe Drinking Water

16 Act by either the United States Environmental Protection

17 Agency or, if the State obtains primacy, a State agency

18 authorized to issue Class VI permits for sequestration of

19 carbon dioxide.

20 (415 ILCS 5/3.132 new)

21 Sec. 3.132. Carbon dioxide capture project. "Carbon

22 dioxide capture project" or "capture project" means a project

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1 or facility that (1) uses equipment to capture a significant

2 quantity of carbon dioxide directly from the ambient air or

3 uses a process to separate carbon dioxide from industrial or

4 energy-related sources, other than oil or gas production from

5 a well, and (2) produces a concentrated fluid of carbon

6 dioxide. "Carbon dioxide capture project" includes carbon

7 dioxide captured as part of a research and development project

8 or a project funded by research and development funds, unless

9 the operator demonstrates to the satisfaction of the Agency

10 that the project meets criteria for exclusion as a research

11 and development project under rules adopted by the Board under

12 paragraph (9) of subsection (g) of Section 9.21.

13 (415 ILCS 5/3.133 new)

14 Sec. 3.133. Carbon dioxide pipeline. "Carbon dioxide

15 pipeline" has the meaning given to that term in Section 10 of

16 the Carbon Dioxide Transportation and Sequestration Act.

17 (415 ILCS 5/3.134 new)

18 Sec. 3.134. Concentrated carbon dioxide fluid.

19 "Concentrated carbon dioxide fluid" means a fluid that

20 contains concentrated carbon dioxide that is proportionately

21 greater than the ambient atmospheric concentration of carbon

22 dioxide.

23 (415 ILCS 5/3.136 new)

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1 Sec. 3.136. Confining zone. "Confining zone" means a

2 geologic formation, a group of geologic formations, or part of

3 a geologic formation stratigraphically overlying a zone of

4 carbon dioxide injection that acts as a barrier to fluid

5 movement.

6 (415 ILCS 5/3.281 new)

7 Sec. 3.281. Mahomet Aquifer. "Mahomet Aquifer" means the

8 aquifer designated as a sole-source aquifer by the United

9 States Environmental Protection Agency under the federal Safe

10 Drinking Water Act, together with its upstream areas, as

11 identified by the United States Environmental Protection

12 Agency in the map of the Mahomet Aquifer Project Review Area.

13 (415 ILCS 5/3.446 new)

14 Sec. 3.446. Sequestration. "Sequestration" has the meaning

15 given to that term in Section 10 of the Carbon Dioxide

16 Transport and Storage Protections Act.

17 (415 ILCS 5/3.447 new)

18 Sec. 3.447. Sequestration facility. "Sequestration

19 facility" has the meaning given to that term in Section 10 of

20 the Carbon Dioxide Transport and Storage Protections Act.

21 (415 ILCS 5/9.20 new)

22 Sec. 9.20. Setbacks from carbon dioxide pipelines.

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1 (a) The General Assembly finds that:

2 (1) Carbon dioxide is an asphyxiant. A carbon dioxide

3 leak from a carbon dioxide pipeline poses a risk of grave

4 harm to human health and the environment.

5 (2) Setbacks from occupied structures and high-density

6 areas are necessary to protect against potential harm from

7 carbon dioxide pipeline leaks.

8 (a-5) The purpose of this Section is to promote a

9 healthful environment, including, but not limited to, clean

10 water, air, and land, meaningful public involvement, and to

11 ensure only responsible pipeline transport of carbon dioxide

12 is conducted in the State to protect public health and to

13 prevent pollution of the environment.

14 (a-10) The provisions of this Section shall be liberally

15 construed to carry out the purposes of this Section.

16 (b) As used in this Section:

17 (1) "Environmental justice community" means the

18 definition of that term based on existing methodologies

19 and findings used and as may be updated by the Illinois

20 Power Agency and its program administrator in the Illinois

21 Solar for All Program.

22 (2) "Geohazards" means any dynamic geologic, edaphic,

23 and meteorological conditions that could affect the

24 stability and safety of a carbon dioxide pipeline,

25 including, but not limited to, slope instability, frost

26 heave, soil settlement, erosion, earthquakes, or mine

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1 subsidence.

2 (3) "High Consequence Area" means:

3 (A) a High Consequence Area as defined at 49 CFR

4 195.450;

5 (B) any area that has a concentration of 10 or more

6 residences within a square mile that is located within

7 one mile of the proposed route of a proposed carbon

8 dioxide pipeline;

9 (C) sensitive locations, such as hospitals and

10 other medical facilities, schools and day care

11 centers, nursing homes and other senior living

12 facilities, prisons, and other areas where decreased

13 mobility may require additional time and personnel to

14 evacuate;

15 (D) locations where people congregate, such as

16 commercial and office districts; industry or business

17 parks; recreational facilities such as stadiums,

18 parks, golf courses, and clubs; cultural and

19 governmental facilities; historic areas; transit

20 stations; and places of worship;

21 (E) concentrated animal feeding operations or

22 concentrations of livestock; or

23 (F) national or state-designated wildlife refuge

24 areas or zoos.

25 (c) No person may transport carbon dioxide through a

26 pipeline in the State without first obtaining a carbon dioxide

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1 pipeline routing permit from the Agency under this Section.

2 (d) Before submitting an application for a carbon dioxide

3 pipeline routing permit to the Agency, any person who seeks to

4 transport carbon dioxide through a pipeline in this State

5 must:

6 (1) compile an accurate, verified list of all occupied

7 residences, businesses, schools, daycares, healthcare

8 facilities and High Consequence Areas located within 2

9 miles of its proposed pipeline route, which list it shall

10 submit, during the consultation process specified in

11 paragraph (2) of this subsection (d), to all units of

12 local government located within 2 miles of the proposed

13 pipeline route;

14 (2) consult, in open meetings subject to the Open

15 Meetings Act, with the governing bodies of all units of

16 local government, as defined in Article VII of the

17 Illinois Constitution, located within 2 miles of the

18 proposed pipeline route concerning:

19 (A) zoning requirements for the proposed route;

20 (B) future development plans along the proposed

21 route;

22 (C) development projects in process along the

23 proposed route;

24 (D) planned growth along the proposed route, as

25 indicated in a comprehensive land use plan developed

26 by or for that governing body, including any planned

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1 growth that could not occur if the proposed pipeline

2 were constructed and operated;

3 (E) any mitigation planning for the proposed route

4 by counties or regional planning commissions;

5 (F) any existing emergency response planning for

6 the propose route;

7 (G) road use, any road bonding, and the location

8 of road crossings and road repair along the proposed

9 route;

10 (H) the location of any county and municipal land

11 and right-of-way agreements along the proposed route;

12 (I) any Geohazards along the proposed route;

13 (J) the location of any hazardous liquid or

14 natural gas pipelines along the proposed route;

15 (K) plans for pipeline abandonment or removal once

16 it is no longer in use; and

17 (L) other relevant information as determined by

18 the government body;

19 (3) meet with emergency management personnel of each

20 unit of local government within 2 miles of the pipeline

21 route to present the results of modeling performed in

22 accordance with subsection (e) and discuss any needs to

23 ensure the timely rescue of persons if a rupture or leak of

24 the proposed carbon dioxide pipeline occurs, including,

25 but not limited to:

26 (A) staffing needs;

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1 (B) training and training material needs;

2 (C) methods to ensure effective and timely

3 communication with the pipeline operator;

4 (D) advanced sensors or other methods of real-time

5 monitoring to allow for prompt identification and

6 closure of any segment of the pipeline where a leak or

7 rupture occurs;

8 (E) alarm systems to alert first responders and

9 the public of a pipeline rupture or leak;

10 (F) emergency response and public evacuation

11 plans;

12 (G) equipment, including, but not limited to, air

13 supply respirators and electric vehicles; and

14 (H) funding needs, as well as source of funding

15 and timing for receipt of funds, to ensure the needs of

16 this subsection (3) are met; and

17 (4) revise its proposed route to account for local

18 ordinances, zoning, and other input provided by units of

19 local government, first responders, and members of the

20 public consulted or who provided comment under this

21 subsection (d).

22 (e) The Board shall adopt rules establishing carbon

23 dioxide pipeline routing permit requirements and routing

24 criteria under this Section. The rules shall be proposed by

25 the Agency not later than 30 months after the effective date of

26 this Act and adopted by the Board not later than 2 years after

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1 receipt of the Agency's proposal. The rules must, at a

2 minimum:

3 (1) establish routing criteria for carbon dioxide

4 pipelines that ensure pipelines are not constructed in

5 locations where they would pose an undue risk of harm to

6 people or animals; at a minimum, the criteria shall:

7 (A) establish maximum exposure limits, expressed

8 in the form of carbon dioxide concentrations and

9 duration of exposure, based on the carbon dioxide

10 pipeline setback study required by Section 45 of the

11 Carbon Dioxide Transport and Storage Protections Act

12 and other information the Board deems relevant;

13 (B) bar siting of carbon dioxide pipelines within

14 2 miles of an Environmental Justice Community; and

15 (C) require selection of a pipeline route that

16 avoids previously mined areas and avoids other

17 Geohazards to the maximum extent possible;

18 (2) set standards for conducting computational fluid

19 dynamic modeling, or updated modeling if more accurate

20 modeling is available, of potential ruptures and leaks

21 from each proposed carbon dioxide pipeline, which shall:

22 (A) require that modeling of potential ruptures or

23 leaks be conducted, at a minimum, for areas along the

24 proposed pipeline route that would be located within 2

25 miles of a High Consequence Area;

26 (B) include a requirement that the modeling domain

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1 extend, at a minimum, 2 miles in all directions from

2 the proposed pipeline route or to the furthest

3 location where carbon dioxide concentrations could, in

4 a rupture event, reach 30,000 parts per million,

5 whichever is further;

6 (C) ensure that the modeling accounts for pipeline

7 diameter, flow rate, temperature, pressure, the

8 topography of the proposed pipeline route, the built

9 environment along the pipeline route, a range of

10 weather conditions, and other factors the Board deems

11 relevant;

12 (D) provide that the modeling must predict, as

13 accurately as possible, the dispersion of

14 concentrations of carbon dioxide in parts per million

15 and the duration of those concentrations as dispersion

16 occurs; and

17 (E) specify mechanisms to ensure that outdated

18 models are superseded by newer, updated models that

19 more accurately predict carbon dioxide dispersion in

20 the event of a carbon dioxide rupture or leak;

21 (3) establish application requirements for carbon

22 dioxide pipeline routing permits, which shall include, but

23 are not limited to:

24 (A) a map providing an overview of the entire

25 proposed pipeline route;

26 (B) an aerial map of the proposed pipeline route

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1 and at least 2 miles to each side, with a scale of 1

2 inch to 400 feet or otherwise sufficient to allow

3 residents an understanding of the relationship between

4 the proposed pipeline and properties;

5 (C) information about the proposed pipeline,

6 including, but not limited to, diameter, flow rate,

7 pressure, temperature, and characteristics of the

8 carbon dioxide being transported therein;

9 (D) temperature and pressure of equipment

10 ancillary to the proposed pipeline, such as booster

11 stations;

12 (E) any geohazards present along the proposed

13 pipeline route;

14 (F) a report providing the assumptions, inputs,

15 and results of computational fluid dynamic dispersion

16 modeling conducted for the proposed pipeline, which

17 shall include a map or maps that:

18 (i) show all areas along the proposed route

19 where concentrations of carbon dioxide may reach

20 30,000 parts per million (3%);

21 (ii) identify the duration of concentration,

22 (iii) depict how soon after a pipeline rupture

23 or leaks concentrations of carbon dioxide are

24 projected to reach 3% or higher;

25 (iv) specify changes in concentration at 1,000

26 ppm increments; and

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1 (v) extend to the furthest location where

2 carbon dioxide concentrations reach 30,000 parts

3 per million or 2 miles from the proposed pipeline

4 route, whichever is further;

5 (G) proposed setbacks from High Concentration

6 Areas, which shall be based on the computational fluid

7 dynamic modeling required by this Section, satisfy the

8 carbon dioxide pipeline routing criteria established

9 under this Section, and be accompanied by a

10 certification by the applicant attesting to the

11 modeling as the basis for proposed setbacks;

12 (H) a narrative explanation of how the setbacks

13 satisfy the routing criteria established under this

14 Section;

15 (I) any emergency response plan for a rupture or

16 leak of the proposed pipeline that the applicant has

17 developed or is developing to satisfy requirements of

18 other federal or state agencies;

19 (J) documents specifying the sources of carbon

20 dioxide to be transported in the proposed pipeline,

21 including, but not limited to, any agreements to

22 transport carbon dioxide and, if the source of carbon

23 dioxide is in-State, any permits for carbon dioxide

24 capture required by this Act;

25 (K) documents specifying the destination of the

26 carbon dioxide to be transported in the proposed

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1 pipeline, including, but not limited to, any

2 agreements to transport the carbon dioxide to those

3 destinations and, if the carbon dioxide is to be

4 sequestered in the State, any permits for carbon

5 dioxide sequestration required by this Act;

6 (L) the list of occupied residences, businesses,

7 schools, day cares, health care facilities and High

8 Concentration Areas developed under subsection (d);

9 (M) certification of compliance with subsection

10 (d), together with a narrative explanation of how and

11 why the proposed route was changed, or not changed, in

12 response to feedback received during the consultation

13 process; and

14 (N) proof that the full permit application, with

15 all information required by this subsection, has been

16 posted on a public website that must be available to

17 the public without a password, sign-in, or other

18 registration;

19 (4) specify standards for review, approval, and denial

20 by the Agency of applications for a carbon dioxide

21 pipeline routing permit; the standards for denial must

22 include, but are not limited to, failure of the applicant

23 to:

24 (A) satisfy the routing criteria established under

25 this Section;

26 (B) properly implement and interpret the modeling

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1 required under this Section;

2 (C) satisfy the consultation, permit application,

3 and public participation requirements established

4 under this Section;

5 (D) pay the permit fee established under

6 subsection (f); or

7 (E) demonstrate that the proposed pipeline will

8 not pose an undue risk of harm to humans and animals;

9 (5) specify procedures for meaningful public

10 participation in the issuance of carbon dioxide pipeline

11 routing permits, which shall include, but are not limited

12 to:

13 (A) public notice of the submission of carbon

14 dioxide pipeline routing permit applications, which

15 shall:

16 (i) be provided via notice by newspaper of

17 general circulation in all counties through which

18 the pipeline is proposed to pass; notice by direct

19 mail for all properties on, and within 2 miles of,

20 the proposed pipeline route; notice via email or,

21 where not available, U.S. mail to all units of

22 local government consulted under subsection (d);

23 notice by email to individuals who request to be

24 included on an email notice list for carbon

25 dioxide routing permits; and any other mechanisms

26 determined by the Board; and

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1 (ii) include general information about the

2 proposed pipeline, including the proposed route of

3 the pipeline, the contents of the proposed

4 pipeline, and the diameter of the pipeline; the

5 public website where application materials have

6 been posted; and the fact that public meetings

7 shall be scheduled to receive input on the

8 proposed application;

9 (B) public meetings hosted by the Agency after the

10 submission of the permit application, in at least 50%

11 of the counties along the proposed pipeline route,

12 which shall:

13 (i) be in-person unless a public health

14 emergency requires otherwise, except for 2 virtual

15 meetings;

16 (ii) be scheduled at different times of the

17 day or evening to facilitate attendance;

18 (iii) be noticed in the same manner as the

19 notice of submission of a permit application under

20 Subsection (A), with the addition of the date,

21 time, and location of the hearing and the

22 opportunity to request interpretation services;

23 (iv) be attended by representatives of the

24 applicant who are knowledgeable about the

25 application;

26 (v) serve to inform the public of the

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1 application, answer questions about the

2 application and carbon dioxide pipelines, and

3 allow for input relevant to the standards for

4 issuance of a carbon dioxide pipeline routing

5 permit;

6 (vi) provide ample time for public comments

7 and questions, with a maximum time limit of no

8 less than 10 minutes per comment and no limit on

9 the number of comments or questions an attendee

10 may raise; and

11 (vii) be recorded and transcribed, with

12 transcripts posted on a public website that must

13 be available to the public without a password,

14 sign-in, or other registration;

15 (C) an opportunity of no less than 45 days for the

16 submission of public comments on a draft permit or

17 permit denial before the final permitting decision;

18 (D) an opportunity for at least one public hearing

19 for every 100 miles of pipeline on the draft permit or

20 permit denial to provide the Agency oral or written

21 comments for consideration before the final permitting

22 decision;

23 (E) a summary and response of the comments

24 prepared by the Agency; and

25 (F) a requirement that the draft and final

26 permitting actions by the Agency and the Agency's

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1 response to comments be posted on a public website

2 that must be available to the public without a

3 password, sign-in, or other registration;

4 (6) when a carbon dioxide pipeline is proposed to be

5 located within 2 miles of an area with a significant

6 proportion of residents with limited English proficiency,

7 specify further opportunities for public participation,

8 including, but not limited to, translations of relevant

9 documents into other languages and interpretation services

10 at public meetings and hearings;

11 (7) specify a procedure to identify areas with a

12 significant proportion of residents with limited English

13 proficiency for purposes of this Section;

14 (8) specify the circumstances under which a person

15 issued a carbon dioxide pipeline routing permit under this

16 Section must seek a revised permit, which shall include,

17 but are not limited to, instances where the Commerce

18 Commission has approved a Certificate of Authority for the

19 carbon dioxide pipeline under Section 20 of the Carbon

20 Dioxide Transportation and Sequestration Act with a route

21 that deviates, or may deviate, in any way from the route

22 approved by the Agency;

23 (9) specify the procedures for issuance of a revised

24 permit, which shall include, but are not limited to,

25 satisfaction of all requirements of this Section with

26 respect to any portion of the route that deviates from the

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1 route approved by the Agency;

2 (10) specify the circumstances under which the Agency

3 may revoke a carbon dioxide pipeline routing permit;

4 (11) set requirements for notification and reporting

5 by the permittee, including, but not limited to:

6 (A) notification and reporting to the Agency of

7 geohazards, infrastructure, or other circumstances

8 that may affect the safe routing of the pipeline that

9 were unknown to or misunderstood by the permittee when

10 submitting the permit application;

11 (B) immediate notification to the Agency and the

12 Illinois Emergency Management Agency of any leak from,

13 or rupture of, the pipeline;

14 (C) notification and reporting to the Agency of

15 any changes in the source of the carbon dioxide

16 transported by the pipeline or the destination of the

17 carbon dioxide transported by the pipeline; and

18 (D) notification and reporting to the Agency of

19 the total annual volume and mass of carbon dioxide

20 transported by the pipeline; and

21 (E) notification to local governments, surface

22 owners, and tenants if, and when, a building,

23 business, or other area of public use is proposed or

24 constructed at a location that, if the pipeline

25 application had not yet been submitted, would result

26 in the pipeline failing to satisfy routing criteria;

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1 and

2 (12) establish requirements for the decommissioning of

3 carbon dioxide pipelines once they are no longer in use;

4 in doing so, the Board shall consider circumstances where

5 the safest or least disruptive manner of decommissioning

6 is leaving the pipeline in place.

7 (f) Once the rules required by subsection (e) have been

8 adopted, the Agency shall calculate the cost it will bear to

9 implement the carbon dioxide pipeline routing permit program

10 and shall establish a permit fee sufficient to cover those

11 costs, which it may update periodically as the costs of

12 program implementation change.

13 (g) No adjusted standard, variance, or other regulatory

14 relief otherwise available under this Act may be granted for

15 the requirements of this Section.

16 (415 ILCS 5/9.21 new)

17 Sec. 9.21. Carbon dioxide capture.

18 (a) The General Assembly finds that:

19 (1) The capture of carbon dioxide from industrial

20 facilities, including, but not limited to, ethanol plants,

21 methane processing facilities, and electric-generation

22 facilities requires a significant amount of power to

23 undertake, the generation of which can increase harmful

24 air and water pollutants.

25 (2) The capture of carbon dioxide generally requires

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1 significant volumes of water that could be used for

2 domestic, agricultural, recreational, or industrial uses.

3 (3) The capture of carbon dioxide from industrial and

4 electric-generation facilities has often failed to meet

5 objectives for capture and thus allowed more carbon

6 dioxide pollution into the atmosphere than proposed.

7 (4) The State has a long-standing policy to restore,

8 protect, and enhance the environment, including the purity

9 of the air, land, and waters, such as groundwaters, of

10 this State.

11 (5) A clean environment is essential to the growth and

12 well-being of this State.

13 (6) The capture of carbon dioxide from industrial and

14 electric-generation facilities will not achieve the

15 State's long-standing policy to restore, protect, and

16 enhance the environment unless clear standards are adopted

17 to require the reduction of air and water pollution

18 associated with carbon capture, to limit water use when

19 other important uses are in jeopardy, and to ensure that

20 carbon capture does not interfere with the State reaching

21 its clean energy goals.

22 (7) Meaningful participation of State residents,

23 especially vulnerable populations who may be affected by

24 regulatory actions, is critical to ensure that

25 environmental justice considerations are incorporated in

26 the development of, decision-making related to, and

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1 implementation of environmental laws and rules that

2 protect and improve the well-being of communities in this

3 State that bear disproportionate burdens imposed by

4 environmental pollution.

5 (a-5) The purpose of this Section is to promote a

6 healthful environment, including clean water, air, and land,

7 meaningful public involvement, and to ensure only the

8 responsible capture of carbon dioxide occurs in the State so

9 as to protect public health and to prevent pollution of the

10 environment.

11 (a-10) The provisions of this Section shall be liberally

12 construed to carry out the purpose of this Section as stated in

13 subsection (a-5).

14 (b) A person who seeks to construct or operate a carbon

15 dioxide capture project in this State must first obtain a

16 permit from the Agency in accordance with the rules adopted

17 under subsection (g).

18 (c) A person who seeks to capture carbon dioxide from an

19 industrial or electric-generation facility in this State must,

20 before seeking a permit in accordance with the rules adopted

21 under subsection (g), first conduct an environmental impact

22 analysis. The environmental impact analysis must:

23 (1) include a statement of the purpose of and need for

24 the proposed carbon capture project;

25 (2) include a greenhouse gas (GHG) inventory analysis,

26 including, but not limited to, Scope 1, 2, and 3 emissions

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1 set forth in guidance published by the United States

2 Environmental Protection Agency, of the total GHG

3 emissions associated with the capture, transportation, and

4 sequestration of the carbon dioxide proposed to be

5 captured, which emissions shall be expressed as carbon

6 dioxide equivalent, consistent with the United States

7 Environmental Protection Agency rules and guidance;

8 (3) demonstrate that the total Scope 1, 2, and 3

9 emissions associated with the capture, transportation, and

10 sequestration of the carbon dioxide proposed to be

11 captured, converted into carbon dioxide equivalent

12 consistent with United States Environmental Protection

13 Agency rules and guidance, will not exceed the total

14 amount of carbon dioxide from the capture project that is

15 sequestered over the life of the capture project;

16 (4) include a water impact analysis that details:

17 (A) the water sources likely to be impacted by the

18 capture of carbon dioxide from the facility;

19 (B) current uses of those water sources;

20 (C) potential or certain impacts to those water

21 sources from capture of carbon dioxide from the

22 facility, including, but not limited to, impacts on

23 water quantity, quality, and current uses of water;

24 (D) the duration of the impacts to water

25 associated with the capture of carbon dioxide from the

26 facility; and

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1 (E) methods the applicant will use to minimize

2 both water use and impacts to water quality associated

3 with the carbon capture project.

4 If the person has previously submitted any of the

5 information required by this subsection to any State

6 agency in accordance with another State law, the person

7 may resubmit those documents, together with any associated

8 permits, to the Agency so long as the documents are

9 updated and remain accurate.

10 (5) include an alternatives analysis that evaluates

11 other reasonable alternatives for reducing the same

12 quantity of carbon dioxide as is proposed to be captured

13 at the facility while fulfilling the purpose and need for

14 the facility, including, but not limited to:

15 (A) if the carbon dioxide is proposed to be

16 captured at a facility that generates electricity,

17 energy-generation alternatives such as renewable

18 energy, energy storage, or energy efficiency;

19 (B) if the carbon dioxide is proposed to be

20 captured at a facility that produces fuel for motor

21 vehicles, aircraft, or equipment, alternatives such as

22 the use of electric vehicles, electric aircraft, or

23 alternative fuels; and

24 (C) if the carbon dioxide is proposed to be

25 captured at an industrial facility, alternative

26 processes that could reduce the amount of carbon

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1 dioxide generated from that industry.

2 For each alternative identified under this paragraph,

3 the person seeking to capture carbon dioxide shall

4 complete a greenhouse gas emissions inventory analysis

5 consistent with paragraph (2) and a water impacts analysis

6 addressing the factors set out in paragraph (4); and

7 (6) be developed with public input, including, but not

8 limited to, by making a draft version of the analysis

9 available on a public website for not less than 60 days and

10 accepting comments on the proposed analysis for the

11 entirety of that 60-day period, together with a public

12 meeting at least 14 days after the posting of the draft on

13 the public website that provides a meaningful opportunity

14 for the public to ask questions, have those questions

15 answered, and provide comment on the draft; the final

16 environmental analysis must include responses to public

17 comments, identify all changes to the analysis made in

18 response to those comments, and be made available to the

19 public on a public website.

20 (d) No permit for the capture of carbon dioxide may be

21 issued unless:

22 (1) the Illinois State Water Survey has reviewed the

23 water impact analysis required under subsection (c) and,

24 taking into consideration that analysis, information

25 concerning water supply and uses, and public comments, has

26 concluded that the proposed carbon capture project will

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1 not have significant adverse effects on water supply or

2 current or future potential uses of the water source; and

3 (2) the permit includes conditions, developed in

4 consultation with the Illinois State Water Survey and

5 taking public comments into consideration, under which the

6 project must reduce the volume or rate of water that may be

7 used for the capture of carbon dioxide, up to and

8 including the cessation of water usage for carbon capture.

9 (e) No permit for the capture of carbon dioxide may be

10 issued unless the permit applicant demonstrates that there

11 will be zero non-carbon dioxide air pollution emissions

12 associated with the carbon dioxide capture project; these

13 emissions include non-carbon dioxide air pollution emitted

14 directly by the operation of the carbon dioxide capture

15 equipment, and any increase in non-carbon dioxide air

16 pollution emissions at the facility, relative to the baseline,

17 following installation of the carbon dioxide capture

18 equipment. The applicant may meet this requirement by

19 demonstrating that:

20 (1) pollution control technology will be installed and

21 operated, or existing control technology will be operated,

22 so as to eliminate any non-carbon dioxide air emissions

23 associated with the use of carbon capture; or

24 (2) the facility will reduce operations sufficient to

25 eliminate any non-carbon dioxide air emissions associated

26 with the use of carbon capture.

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1 The Board shall establish requirements by rule for

2 determining baseline emissions from each industrial or

3 electric-generation facility for purposes of determining which

4 non-carbon dioxide air emissions are associated with the use

5 of carbon capture at those facilities. For existing

6 facilities, the baseline shall be calculated using the

7 12-month average of emissions for the 3 12-month periods

8 before January 31, 2024. For new facilities, the baseline

9 shall be determined using the Best Available Control

10 Technology, as defined in Section 169 of the federal Clean Air

11 Act, for the relevant air pollutants and facility and assuming

12 fuel consumption and hours of operation of the facility

13 consistent with that of facilities of similar size.

14 (e-1) If the applicant proposes to use amines to capture

15 carbon dioxide, the applicant must demonstrate that it will:

16 (1) install and operate the Best Available Control

17 Technology, as defined in Section 169 of the federal Clean

18 Air Act, for nitrogen oxides, sulfur dioxide, particulate

19 matter, and any other pollutant that may combine with

20 amines to become a nitramine or nitrosamine, either in the

21 flue gas or once emitted into the atmosphere; and

22 (2) install and operate equipment or processes that

23 ensure that no amines, nitramines, or nitrosamines will be

24 released into the atmosphere.

25 (f) No permit for a carbon dioxide capture project may be

26 issued unless:

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1 (1) the applicant identifies the end use or

2 destination of all carbon dioxide streams from the

3 proposed project;

4 (2) if the destination includes sequestration within

5 the State, the applicant demonstrates that the

6 sequestration site is permitted in accordance with Section

7 22.64;

8 (3) the applicant demonstrates that the project will

9 capture an annual average of no less than 90% of the total

10 carbon dioxide emissions from the facility, and the permit

11 disallows any capture rate lower than the rate

12 demonstrated by the applicant; and

13 (4) the permit disallows all non-carbon dioxide air

14 emissions associated with the use of carbon capture and

15 specifies each mechanism by which the applicant must meet

16 that condition.

17 (g) The Board shall adopt rules establishing permit

18 requirements under this Section and other standards for carbon

19 dioxide capture projects. The rules shall be proposed by the

20 Agency not later than one year after the effective date of this

21 Act and adopted by the Board not later than 2 years after

22 receipt of the Agency's proposal. The rules must, at a

23 minimum:

24 (1) be no less protective than federal requirements

25 for air pollution and water pollution that are in effect

26 on the effective date of this Act and any amendments to

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1 those requirements that may be more protective;

2 (2) specify the minimum content of applications for a

3 permit to capture carbon dioxide, which shall include, but

4 shall not be limited to:

5 (A) the environmental impacts analyses required

6 under subsection (c);

7 (B) identification of whether the proposed carbon

8 capture project would take place in an area with a

9 significant proportion of residents with limited

10 English proficiency; and

11 (C) documentation and analyses sufficient to

12 demonstrate compliance with this Section and all

13 applicable rules adopted under this Section for the

14 capture of carbon dioxide;

15 (3) specify:

16 (A) the frequency at which permits for the capture

17 of carbon dioxide expire and must be renewed;

18 (B) the circumstances under which a permittee must

19 seek a permit modification; and

20 (C) the circumstances under which the Agency may

21 temporarily or permanently revoke a permit for the

22 capture of carbon dioxide;

23 (4) specify standards for review, approval, and denial

24 of applications for a permit to capture carbon dioxide by

25 the Agency; the standards for denial must include, but are

26 not limited to, failure of the applicant to submit an

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1 application that meets the requirements of this Section or

2 to satisfy the requirements of subsections (d), (e),

3 (e-1), or (f);

4 (5) specify procedures for meaningful public

5 participation in the issuance of permits for the capture

6 of carbon dioxide, including, but not limited to:

7 (A) public notice of the submission of permit

8 applications, including, but not limited to, notice by

9 email for interested persons;

10 (B) a public meeting, hosted by the Agency, to

11 inform residents about the application and answer

12 questions about the application and carbon dioxide

13 capture projects;

14 (C) posting the full permit application, the draft

15 and final permitting actions by the Agency, and the

16 Agency's response to comments on a public website that

17 must be available to the public without a password,

18 sign-in, or other registration;

19 (D) an opportunity for the submission of public

20 comments on a draft permit or permit denial before the

21 final permitting decision;

22 (E) an opportunity for a public hearing on the

23 draft permit or permit denial before the final

24 permitting decision; and

25 (F) a summary of and response to the comments

26 prepared by the Agency;

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1 (6) when the capture of carbon dioxide is proposed to

2 take place in an area with a significant proportion of

3 residents with limited English proficiency, specify

4 further opportunities for public participation, including,

5 but not limited to, translations of relevant documents

6 into other languages and interpretation services at public

7 meetings and hearings;

8 (7) specify a procedure to identify areas with a

9 significant proportion of residents with limited English

10 proficiency for purposes of this Section;

11 (8) establish minimum carbon capture efficiency rates

12 at or above 90% for different industries from which

13 applicants may seek to capture carbon dioxide, including

14 rates above 90% for industries in which carbon capture at

15 rates above 90% is technically achievable and has been

16 demonstrated;

17 (9) set out requirements for comprehensive and, where

18 technically available, continuous monitoring by

19 permittees, including, but not limited to, monitoring of:

20 (A) GHG pollution emissions;

21 (B) non-GHG air pollution emissions, including,

22 but not limited to, nitrogen oxides, sulfur dioxide,

23 particulate matter, amines, and nitrosamines; and

24 (C) water use;

25 (10) set out requirements for frequent, comprehensive

26 reporting by permittees to the Agency, including, but not

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1 limited to:

2 (A) the non-carbon dioxide air emissions

3 associated with the use of carbon capture, including,

4 but not limited to, those emissions resulting from the

5 use of fuel to power the carbon capture process;

6 (B) GHG emissions associated with the use of

7 carbon capture;

8 (C) the total amount, in tons, of carbon dioxide

9 captured at the facility;

10 (D) the total amount, in tons, of carbon dioxide

11 not captured and released into the atmosphere at the

12 facility;

13 (E) the carbon dioxide capture rate achieved by

14 the facility;

15 (F) the date, time, duration, cause, and amount of

16 carbon dioxide released rather than captured as a

17 result of all outages or downtime of capture equipment

18 at the facility;

19 (G) information concerning water use and impacts

20 to water supply and uses associated with the use of

21 carbon capture at the facility; and

22 (H) the end use and destination of all carbon

23 dioxide streams from the project;

24 (11) establish criteria for the exclusion from

25 permitting requirements of carbon capture projects

26 performed for the purpose of, or financed by funding for,

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1 research and development; the criteria shall ensure that

2 only those projects that capture small amounts of carbon

3 dioxide and pose minimal risk to human health and the

4 environment qualify for the exclusion;

5 (12) establish requirements for determining setbacks

6 from homes, schools, daycares, hospitals, and other

7 sensitive locations for capture projects that capture

8 carbon dioxide directly from the ambient air; and

9 (13) specify whether the permit requirements for

10 carbon dioxide capture set out in the rules may be added to

11 the requirements for a permit that a carbon dioxide

12 capture permit applicant is otherwise required to obtain,

13 or whether the applicant must obtain a separate permit for

14 the capture of carbon dioxide.

15 (h) Once the rules required by subsection (g) have been

16 adopted, the Agency shall calculate the cost it will bear to

17 implement the carbon capture permit program and shall

18 establish a permit fee sufficient to cover those costs, which

19 it may update periodically as the costs of program

20 implementation change.

21 (i) The permit requirements set forth in this Section are

22 in addition to any requirements set forth under any other

23 State or federal law, including, but not limited to, the

24 federal Clean Air Act, the federal Clean Water Act, the

25 federal Resource Conservation and Recovery Act, and the

26 federal Safe Drinking Water Act.

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1 (j) Every 5 years, the Agency shall conduct a review to

2 identify the carbon dioxide capture efficiency rates being

3 achieved by different industries and, if higher rates have

4 become technologically feasible, propose to the Board

5 revisions to the minimum carbon capture efficiency rates set

6 out in the rules adopted under this Section.

7 (k) No adjusted standard, variance, or other regulatory

8 relief otherwise available under this Act may be granted from

9 the requirements of this Section.

10 (415 ILCS 5/21) (from Ch. 111 1/2, par. 1021)

11 Sec. 21. Prohibited acts. No person shall:

12 (a) Cause or allow the open dumping of any waste.

13 (b) Abandon, dump, or deposit any waste upon the public

14 highways or other public property, except in a sanitary

15 landfill approved by the Agency pursuant to regulations

16 adopted by the Board.

17 (c) Abandon any vehicle in violation of the "Abandoned

18 Vehicles Amendment to the Illinois Vehicle Code", as enacted

19 by the 76th General Assembly.

20 (d) Conduct any waste-storage, waste-treatment, or

21 waste-disposal operation:

22 (1) without a permit granted by the Agency or in

23 violation of any conditions imposed by such permit,

24 including periodic reports and full access to adequate

25 records and the inspection of facilities, as may be

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1 necessary to assure compliance with this Act and with

2 regulations and standards adopted thereunder; provided,

3 however, that, except for municipal solid waste landfill

4 units that receive waste on or after October 9, 1993, and

5 CCR surface impoundments, no permit shall be required for

6 (i) any person conducting a waste-storage,

7 waste-treatment, or waste-disposal operation for wastes

8 generated by such person's own activities which are

9 stored, treated, or disposed within the site where such

10 wastes are generated, (ii) until one year after the

11 effective date of rules adopted by the Board under

12 subsection (n) of Section 22.38, a facility located in a

13 county with a population over 700,000 as of January 1,

14 2000, operated and located in accordance with Section

15 22.38 of this Act, and used exclusively for the transfer,

16 storage, or treatment of general construction or

17 demolition debris, provided that the facility was

18 receiving construction or demolition debris on August 24,

19 2009 (the effective date of Public Act 96-611), or (iii)

20 any person conducting a waste transfer, storage,

21 treatment, or disposal operation, including, but not

22 limited to, a waste transfer or waste composting

23 operation, under a mass animal mortality event plan

24 created by the Department of Agriculture;

25 (2) in violation of any regulations or standards

26 adopted by the Board under this Act;

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1 (3) which receives waste after August 31, 1988, does

2 not have a permit issued by the Agency, and is (i) a

3 landfill used exclusively for the disposal of waste

4 generated at the site, (ii) a surface impoundment

5 receiving special waste not listed in an NPDES permit,

6 (iii) a waste pile in which the total volume of waste is

7 greater than 100 cubic yards or the waste is stored for

8 over one year, or (iv) a land treatment facility receiving

9 special waste generated at the site; without giving notice

10 of the operation to the Agency by January 1, 1989, or 30

11 days after the date on which the operation commences,

12 whichever is later, and every 3 years thereafter. The form

13 for such notification shall be specified by the Agency,

14 and shall be limited to information regarding: the name

15 and address of the location of the operation; the type of

16 operation; the types and amounts of waste stored, treated

17 or disposed of on an annual basis; the remaining capacity

18 of the operation; and the remaining expected life of the

19 operation.

20 Item (3) of this subsection (d) shall not apply to any

21 person engaged in agricultural activity who is disposing of a

22 substance that constitutes solid waste, if the substance was

23 acquired for use by that person on his own property, and the

24 substance is disposed of on his own property in accordance

25 with regulations or standards adopted by the Board.

26 This subsection (d) shall not apply to hazardous waste.

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1 (e) Dispose, treat, store or abandon any waste, or

2 transport any waste into this State for disposal, treatment,

3 storage or abandonment, except at a site or facility which

4 meets the requirements of this Act and of regulations and

5 standards thereunder.

6 (f) Conduct any hazardous waste-storage, hazardous

7 waste-treatment or hazardous waste-disposal operation:

8 (1) without a RCRA permit for the site issued by the

9 Agency under subsection (d) of Section 39 of this Act, or

10 in violation of any condition imposed by such permit,

11 including periodic reports and full access to adequate

12 records and the inspection of facilities, as may be

13 necessary to assure compliance with this Act and with

14 regulations and standards adopted thereunder; or

15 (2) in violation of any regulations or standards

16 adopted by the Board under this Act; or

17 (3) in violation of any RCRA permit filing requirement

18 established under standards adopted by the Board under

19 this Act; or

20 (4) in violation of any order adopted by the Board

21 under this Act.

22 Notwithstanding the above, no RCRA permit shall be

23 required under this subsection or subsection (d) of Section 39

24 of this Act for any person engaged in agricultural activity

25 who is disposing of a substance which has been identified as a

26 hazardous waste, and which has been designated by Board

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1 regulations as being subject to this exception, if the

2 substance was acquired for use by that person on his own

3 property and the substance is disposed of on his own property

4 in accordance with regulations or standards adopted by the

5 Board.

6 (g) Conduct any hazardous waste-transportation operation:

7 (1) without registering with and obtaining a special

8 waste hauling permit from the Agency in accordance with

9 the regulations adopted by the Board under this Act; or

10 (2) in violation of any regulations or standards

11 adopted by the Board under this Act.

12 (h) Conduct any hazardous waste-recycling or hazardous

13 waste-reclamation or hazardous waste-reuse operation in

14 violation of any regulations, standards or permit requirements

15 adopted by the Board under this Act.

16 (i) Conduct any process or engage in any act which

17 produces hazardous waste in violation of any regulations or

18 standards adopted by the Board under subsections (a) and (c)

19 of Section 22.4 of this Act.

20 (j) Conduct any special waste-transportation operation in

21 violation of any regulations, standards or permit requirements

22 adopted by the Board under this Act. However, sludge from a

23 water or sewage treatment plant owned and operated by a unit of

24 local government which (1) is subject to a sludge management

25 plan approved by the Agency or a permit granted by the Agency,

26 and (2) has been tested and determined not to be a hazardous

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1 waste as required by applicable State and federal laws and

2 regulations, may be transported in this State without a

3 special waste hauling permit, and the preparation and carrying

4 of a manifest shall not be required for such sludge under the

5 rules of the Pollution Control Board. The unit of local

6 government which operates the treatment plant producing such

7 sludge shall file an annual report with the Agency identifying

8 the volume of such sludge transported during the reporting

9 period, the hauler of the sludge, and the disposal sites to

10 which it was transported. This subsection (j) shall not apply

11 to hazardous waste.

12 (k) Fail or refuse to pay any fee imposed under this Act.

13 (l) Locate a hazardous waste disposal site above an active

14 or inactive shaft or tunneled mine or within 2 miles of an

15 active fault in the earth's crust. In counties of population

16 less than 225,000 no hazardous waste disposal site shall be

17 located (1) within 1 1/2 miles of the corporate limits as

18 defined on June 30, 1978, of any municipality without the

19 approval of the governing body of the municipality in an

20 official action; or (2) within 1000 feet of an existing

21 private well or the existing source of a public water supply

22 measured from the boundary of the actual active permitted site

23 and excluding existing private wells on the property of the

24 permit applicant. The provisions of this subsection do not

25 apply to publicly owned sewage works or the disposal or

26 utilization of sludge from publicly owned sewage works.

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1 (m) Transfer interest in any land which has been used as a

2 hazardous waste disposal site without written notification to

3 the Agency of the transfer and to the transferee of the

4 conditions imposed by the Agency upon its use under subsection

5 (g) of Section 39.

6 (n) Use any land which has been used as a hazardous waste

7 disposal site except in compliance with conditions imposed by

8 the Agency under subsection (g) of Section 39.

9 (o) Conduct a sanitary landfill operation which is

10 required to have a permit under subsection (d) of this

11 Section, in a manner which results in any of the following

12 conditions:

13 (1) refuse in standing or flowing waters;

14 (2) leachate flows entering waters of the State;

15 (3) leachate flows exiting the landfill confines (as

16 determined by the boundaries established for the landfill

17 by a permit issued by the Agency);

18 (4) open burning of refuse in violation of Section 9

19 of this Act;

20 (5) uncovered refuse remaining from any previous

21 operating day or at the conclusion of any operating day,

22 unless authorized by permit;

23 (6) failure to provide final cover within time limits

24 established by Board regulations;

25 (7) acceptance of wastes without necessary permits;

26 (8) scavenging as defined by Board regulations;

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1 (9) deposition of refuse in any unpermitted portion of

2 the landfill;

3 (10) acceptance of a special waste without a required

4 manifest;

5 (11) failure to submit reports required by permits or

6 Board regulations;

7 (12) failure to collect and contain litter from the

8 site by the end of each operating day;

9 (13) failure to submit any cost estimate for the site

10 or any performance bond or other security for the site as

11 required by this Act or Board rules.

12 The prohibitions specified in this subsection (o) shall be

13 enforceable by the Agency either by administrative citation

14 under Section 31.1 of this Act or as otherwise provided by this

15 Act. The specific prohibitions in this subsection do not limit

16 the power of the Board to establish regulations or standards

17 applicable to sanitary landfills.

18 (p) In violation of subdivision (a) of this Section, cause

19 or allow the open dumping of any waste in a manner which

20 results in any of the following occurrences at the dump site:

21 (1) litter;

22 (2) scavenging;

23 (3) open burning;

24 (4) deposition of waste in standing or flowing waters;

25 (5) proliferation of disease vectors;

26 (6) standing or flowing liquid discharge from the dump

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1 site;

2 (7) deposition of:

3 (i) general construction or demolition debris as

4 defined in Section 3.160(a) of this Act; or

5 (ii) clean construction or demolition debris as

6 defined in Section 3.160(b) of this Act.

7 The prohibitions specified in this subsection (p) shall be

8 enforceable by the Agency either by administrative citation

9 under Section 31.1 of this Act or as otherwise provided by this

10 Act. The specific prohibitions in this subsection do not limit

11 the power of the Board to establish regulations or standards

12 applicable to open dumping.

13 (q) Conduct a landscape waste composting operation without

14 an Agency permit, provided, however, that no permit shall be

15 required for any person:

16 (1) conducting a landscape waste composting operation

17 for landscape wastes generated by such person's own

18 activities which are stored, treated, or disposed of

19 within the site where such wastes are generated; or

20 (1.5) conducting a landscape waste composting

21 operation that (i) has no more than 25 cubic yards of

22 landscape waste, composting additives, composting

23 material, or end-product compost on-site at any one time

24 and (ii) is not engaging in commercial activity; or

25 (2) applying landscape waste or composted landscape

26 waste at agronomic rates; or

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1 (2.5) operating a landscape waste composting facility

2 at a site having 10 or more occupied non-farm residences

3 within 1/2 mile of its boundaries, if the facility meets

4 all of the following criteria:

5 (A) the composting facility is operated by the

6 farmer on property on which the composting material is

7 utilized, and the composting facility constitutes no

8 more than 2% of the site's total acreage;

9 (A-5) any composting additives that the composting

10 facility accepts and uses at the facility are

11 necessary to provide proper conditions for composting

12 and do not exceed 10% of the total composting material

13 at the facility at any one time;

14 (B) the property on which the composting facility

15 is located, and any associated property on which the

16 compost is used, is principally and diligently devoted

17 to the production of agricultural crops and is not

18 owned, leased, or otherwise controlled by any waste

19 hauler or generator of nonagricultural compost

20 materials, and the operator of the composting facility

21 is not an employee, partner, shareholder, or in any

22 way connected with or controlled by any such waste

23 hauler or generator;

24 (C) all compost generated by the composting

25 facility, except incidental sales of finished compost,

26 is applied at agronomic rates and used as mulch,

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1 fertilizer, or soil conditioner on land actually

2 farmed by the person operating the composting

3 facility, and the finished compost is not stored at

4 the composting site for a period longer than 18 months

5 prior to its application as mulch, fertilizer, or soil

6 conditioner;

7 (D) no fee is charged for the acceptance of

8 materials to be composted at the facility; and

9 (E) the owner or operator, by January 1, 2014 (or

10 the January 1 following commencement of operation,

11 whichever is later) and January 1 of each year

12 thereafter, registers the site with the Agency, (ii)

13 reports to the Agency on the volume of composting

14 material received and used at the site; (iii)

15 certifies to the Agency that the site complies with

16 the requirements set forth in subparagraphs (A),

17 (A-5), (B), (C), and (D) of this paragraph (2.5); and

18 (iv) certifies to the Agency that all composting

19 material was placed more than 200 feet from the

20 nearest potable water supply well, was placed outside

21 the boundary of the 10-year floodplain or on a part of

22 the site that is floodproofed, was placed at least 1/4

23 mile from the nearest residence (other than a

24 residence located on the same property as the

25 facility) or a lesser distance from the nearest

26 residence (other than a residence located on the same

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1 property as the facility) if the municipality in which

2 the facility is located has by ordinance approved a

3 lesser distance than 1/4 mile, and was placed more

4 than 5 feet above the water table; any ordinance

5 approving a residential setback of less than 1/4 mile

6 that is used to meet the requirements of this

7 subparagraph (E) of paragraph (2.5) of this subsection

8 must specifically reference this paragraph; or

9 (3) operating a landscape waste composting facility on

10 a farm, if the facility meets all of the following

11 criteria:

12 (A) the composting facility is operated by the

13 farmer on property on which the composting material is

14 utilized, and the composting facility constitutes no

15 more than 2% of the property's total acreage, except

16 that the Board may allow a higher percentage for

17 individual sites where the owner or operator has

18 demonstrated to the Board that the site's soil

19 characteristics or crop needs require a higher rate;

20 (A-1) the composting facility accepts from other

21 agricultural operations for composting with landscape

22 waste no materials other than uncontaminated and

23 source-separated (i) crop residue and other

24 agricultural plant residue generated from the

25 production and harvesting of crops and other customary

26 farm practices, including, but not limited to, stalks,

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1 leaves, seed pods, husks, bagasse, and roots and (ii)

2 plant-derived animal bedding, such as straw or

3 sawdust, that is free of manure and was not made from

4 painted or treated wood;

5 (A-2) any composting additives that the composting

6 facility accepts and uses at the facility are

7 necessary to provide proper conditions for composting

8 and do not exceed 10% of the total composting material

9 at the facility at any one time;

10 (B) the property on which the composting facility

11 is located, and any associated property on which the

12 compost is used, is principally and diligently devoted

13 to the production of agricultural crops and is not

14 owned, leased or otherwise controlled by any waste

15 hauler or generator of nonagricultural compost

16 materials, and the operator of the composting facility

17 is not an employee, partner, shareholder, or in any

18 way connected with or controlled by any such waste

19 hauler or generator;

20 (C) all compost generated by the composting

21 facility, except incidental sales of finished compost,

22 is applied at agronomic rates and used as mulch,

23 fertilizer or soil conditioner on land actually farmed

24 by the person operating the composting facility, and

25 the finished compost is not stored at the composting

26 site for a period longer than 18 months prior to its

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1 application as mulch, fertilizer, or soil conditioner;

2 (D) the owner or operator, by January 1 of each

3 year, (i) registers the site with the Agency, (ii)

4 reports to the Agency on the volume of composting

5 material received and used at the site and the volume

6 of material comprising the incidental sale of finished

7 compost under this subsection (q), (iii) certifies to

8 the Agency that the site complies with the

9 requirements set forth in subparagraphs (A), (A-1),

10 (A-2), (B), and (C) of this paragraph (q)(3), and (iv)

11 certifies to the Agency that all composting material:

12 (I) was placed more than 200 feet from the

13 nearest potable water supply well;

14 (II) was placed outside the boundary of the

15 10-year floodplain or on a part of the site that is

16 floodproofed;

17 (III) was placed either (aa) at least 1/4 mile

18 from the nearest residence (other than a residence

19 located on the same property as the facility) and

20 there are not more than 10 occupied non-farm

21 residences within 1/2 mile of the boundaries of

22 the site on the date of application or (bb) a

23 lesser distance from the nearest residence (other

24 than a residence located on the same property as

25 the facility) provided that the municipality or

26 county in which the facility is located has by

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1 ordinance approved a lesser distance than 1/4 mile

2 and there are not more than 10 occupied non-farm

3 residences within 1/2 mile of the boundaries of

4 the site on the date of application; and

5 (IV) was placed more than 5 feet above the

6 water table.

7 Any ordinance approving a residential setback of

8 less than 1/4 mile that is used to meet the

9 requirements of this subparagraph (D) must

10 specifically reference this subparagraph.

11 For the purposes of this subsection (q), "agronomic rates"

12 means the application of not more than 20 tons per acre per

13 year, except that the Board may allow a higher rate for

14 individual sites where the owner or operator has demonstrated

15 to the Board that the site's soil characteristics or crop

16 needs require a higher rate.

17 For the purposes of this subsection (q), "incidental sale

18 of finished compost" means the sale of finished compost that

19 meets general use compost standards and is no more than 20% or

20 300 cubic yards, whichever is less, of the total compost

21 created annually by a private landowner for the landowner's

22 own use.

23 (r) Cause or allow the storage or disposal of coal

24 combustion waste unless:

25 (1) such waste is stored or disposed of at a site or

26 facility for which a permit has been obtained or is not

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1 otherwise required under subsection (d) of this Section;

2 or

3 (2) such waste is stored or disposed of as a part of

4 the design and reclamation of a site or facility which is

5 an abandoned mine site in accordance with the Abandoned

6 Mined Lands and Water Reclamation Act; or

7 (3) such waste is stored or disposed of at a site or

8 facility which is operating under NPDES and Subtitle D

9 permits issued by the Agency pursuant to regulations

10 adopted by the Board for mine-related water pollution and

11 permits issued pursuant to the federal Surface Mining

12 Control and Reclamation Act of 1977 (P.L. 95-87) or the

13 rules and regulations thereunder or any law or rule or

14 regulation adopted by the State of Illinois pursuant

15 thereto, and the owner or operator of the facility agrees

16 to accept the waste; and either:

17 (i) such waste is stored or disposed of in

18 accordance with requirements applicable to refuse

19 disposal under regulations adopted by the Board for

20 mine-related water pollution and pursuant to NPDES and

21 Subtitle D permits issued by the Agency under such

22 regulations; or

23 (ii) the owner or operator of the facility

24 demonstrates all of the following to the Agency, and

25 the facility is operated in accordance with the

26 demonstration as approved by the Agency: (1) the

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1 disposal area will be covered in a manner that will

2 support continuous vegetation, (2) the facility will

3 be adequately protected from wind and water erosion,

4 (3) the pH will be maintained so as to prevent

5 excessive leaching of metal ions, and (4) adequate

6 containment or other measures will be provided to

7 protect surface water and groundwater from

8 contamination at levels prohibited by this Act, the

9 Illinois Groundwater Protection Act, or regulations

10 adopted pursuant thereto.

11 Notwithstanding any other provision of this Title, the

12 disposal of coal combustion waste pursuant to item (2) or (3)

13 of this subdivision (r) shall be exempt from the other

14 provisions of this Title V, and notwithstanding the provisions

15 of Title X of this Act, the Agency is authorized to grant

16 experimental permits which include provision for the disposal

17 of wastes from the combustion of coal and other materials

18 pursuant to items (2) and (3) of this subdivision (r).

19 (s) After April 1, 1989, offer for transportation,

20 transport, deliver, receive or accept special waste for which

21 a manifest is required, unless the manifest indicates that the

22 fee required under Section 22.8 of this Act has been paid.

23 (t) Cause or allow a lateral expansion of a municipal

24 solid waste landfill unit on or after October 9, 1993, without

25 a permit modification, granted by the Agency, that authorizes

26 the lateral expansion.

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1 (u) Conduct any vegetable by-product treatment, storage,

2 disposal or transportation operation in violation of any

3 regulation, standards or permit requirements adopted by the

4 Board under this Act. However, no permit shall be required

5 under this Title V for the land application of vegetable

6 by-products conducted pursuant to Agency permit issued under

7 Title III of this Act to the generator of the vegetable

8 by-products. In addition, vegetable by-products may be

9 transported in this State without a special waste hauling

10 permit, and without the preparation and carrying of a

11 manifest.

12 (v) (Blank).

13 (w) Conduct any generation, transportation, or recycling

14 of construction or demolition debris, clean or general, or

15 uncontaminated soil generated during construction, remodeling,

16 repair, and demolition of utilities, structures, and roads

17 that is not commingled with any waste, without the maintenance

18 of documentation identifying the hauler, generator, place of

19 origin of the debris or soil, the weight or volume of the

20 debris or soil, and the location, owner, and operator of the

21 facility where the debris or soil was transferred, disposed,

22 recycled, or treated. This documentation must be maintained by

23 the generator, transporter, or recycler for 3 years. This

24 subsection (w) shall not apply to (1) a permitted pollution

25 control facility that transfers or accepts construction or

26 demolition debris, clean or general, or uncontaminated soil

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1 for final disposal, recycling, or treatment, (2) a public

2 utility (as that term is defined in the Public Utilities Act)

3 or a municipal utility, (3) the Illinois Department of

4 Transportation, or (4) a municipality or a county highway

5 department, with the exception of any municipality or county

6 highway department located within a county having a population

7 of over 3,000,000 inhabitants or located in a county that is

8 contiguous to a county having a population of over 3,000,000

9 inhabitants; but it shall apply to an entity that contracts

10 with a public utility, a municipal utility, the Illinois

11 Department of Transportation, or a municipality or a county

12 highway department. The terms "generation" and "recycling", as

13 used in this subsection, do not apply to clean construction or

14 demolition debris when (i) used as fill material below grade

15 outside of a setback zone if covered by sufficient

16 uncontaminated soil to support vegetation within 30 days of

17 the completion of filling or if covered by a road or structure,

18 (ii) solely broken concrete without protruding metal bars is

19 used for erosion control, or (iii) milled asphalt or crushed

20 concrete is used as aggregate in construction of the shoulder

21 of a roadway. The terms "generation" and "recycling", as used

22 in this subsection, do not apply to uncontaminated soil that

23 is not commingled with any waste when (i) used as fill material

24 below grade or contoured to grade, or (ii) used at the site of

25 generation.

26 (x) Conduct any carbon sequestration operation:

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1 (1) without a permit granted by the Agency in

2 accordance with Section 22.64 and any rules adopted under

3 that Section, or in violation of any condition imposed by

4 the permit, including periodic reports and full access to

5 adequate records and the inspection of facilities as may

6 be necessary to ensure compliance with this Act and any

7 rules or standards adopted under this Act;

8 (2) in violation of this Act or any rules or standards

9 adopted by the Board under this Act;

10 (3) in violation of any order adopted by the Board

11 under this Act;

12 (4) which sequesters carbon dioxide in, or where

13 carbon dioxide is injected into a well that passes

14 through, a sole-source aquifer designated by the United

15 States Environmental Protection Agency under the federal

16 Safe Drinking Water Act, including, but not limited to,

17 the Mahomet Aquifer;

18 (5) where the area of review is less than 6.2 miles in

19 any direction from the epicenter of any recorded

20 earthquake, natural or induced, with a magnitude of 3.0 or

21 greater;

22 (6) using an injection well that is or was classified

23 as a Class II well, as defined in 40 CFR Part 146; or

24 (7) in any pore space within an area of review

25 underlying any federal, State, or local protected areas,

26 including, but not limited to, areas designed as a:

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1 (A) National Park;

2 (B) National Forest;

3 (C) National Grassland;

4 (D) National Wildlife Refuge;

5 (E) National Historic Site;

6 (F) U.S. Wilderness Area;

7 (G) U.S. Fish and Wildlife Service protected area;

8 (H) U.S. Army Corps of Engineers protected area;

9 (I) State Park;

10 (J) State Recreation Area;

11 (K) State Forest;

12 (L) State Historic Site;

13 (M) State Fish and Wildlife Area;

14 (N) State Nature Preserve;

15 (O) State Wildlife Management Area;

16 (P) State Memorial;

17 (Q) County Forest Preserve district;

18 (R) County park; or

19 (S) County, State, or private zoo.

20 (y) Inject any concentrated carbon dioxide fluid produced

21 by a carbon dioxide capture project into a Class II well for

22 purposes of enhanced oil or gas recovery, including, but not

23 limited to, the facilitation of enhanced oil or gas recovery

24 from another well.

25 (z) Sell or transport concentrated carbon dioxide fluid

26 produced by a carbon dioxide capture project for use in

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1 enhanced oil or gas recovery.

2 (aa) Conduct any activity, including, but not limited to,

3 operating a Class II or any other injection well, performing

4 hydraulic fracturing, or engaging in conventional oil or gas

5 drilling or operations within or outside the area of review of

6 a sequestration facility, that may affect the pore-pressure of

7 a formation used for geological storage of carbon dioxide

8 without notifying the Agency and demonstrating to the

9 satisfaction of the Agency that the activity shall not expand

10 the area of review, compromise the integrity of well

11 penetrations and the confining zone within the area of review,

12 or induce seismicity within or outside the area of review to a

13 degree that could cause damage to well penetrations or

14 confining layers within the area of review.

15 (Source: P.A. 102-216, eff. 1-1-22; 102-310, eff. 8-6-21;

16 102-558, eff. 8-20-21; 102-813, eff. 5-13-22; 103-342, eff.

17 1-1-24.)

18 (415 ILCS 5/22.64 new)

19 Sec. 22.64. Carbon sequestration.

20 (a) The General Assembly finds that:

21 (1) The State has a long-standing policy to restore,

22 protect, and enhance the environment, including the purity

23 of the air, land, and waters, including groundwaters, of

24 this State.

25 (2) A clean environment is essential to the growth and

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1 well-being of this State.

2 (3) The sequestration of carbon in underground

3 formations poses a significant and long-term risk to the

4 air, land, and waters, including groundwater, of the State

5 unless the State adopts clear standards to ensure that no

6 sequestered carbon escapes the underground formation into

7 which it is injected.

8 (4) Meaningful participation of State residents,

9 especially vulnerable populations who may be affected by

10 regulatory actions, is critical to ensure that

11 environmental justice considerations are incorporated in

12 the development of, decision-making related to, and

13 implementation of environmental laws and rulemaking that

14 protects and improves the well-being of communities in

15 this State that bear disproportionate burdens imposed by

16 environmental pollution.

17 (a-5) The purpose of this Section is to promote a

18 healthful environment, including clean water, air, and land,

19 meaningful public involvement, and to ensure only responsible

20 sequestration of carbon dioxide occurs in the State so as to

21 protect public health and to prevent pollution of the

22 environment.

23 (a-10) The provisions of this Section shall be liberally

24 construed to carry out the purposes of this Section.

25 (b) Any person seeking to sequester carbon dioxide in this

26 State must first obtain a carbon sequestration permit from the

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1 Agency in accordance with the rules developed under subsection

2 (g).

3 (c) Except for persons who seek to sequester carbon

4 dioxide captured only from capture projects located in the

5 State, any person seeking to sequester carbon dioxide in this

6 State must, before seeking a carbon sequestration permit in

7 accordance with the rules developed under subsection (g),

8 first conduct an environmental impact analysis. The

9 environmental impact analysis must:

10 (1) include a statement of purpose and need for the

11 proposed carbon sequestration project;

12 (2) include a GHG inventory analysis, including, but

13 not limited to, Scope 1, 2, and 3 emissions set forth in

14 guidance published by the United States Environmental

15 Protection Agency, of the total GHG emissions associated

16 with the capture, transportation, and sequestration of the

17 carbon dioxide proposed to be sequestered, which emissions

18 shall be expressed as carbon dioxide equivalent,

19 consistent with United States Environmental Protection

20 Agency rules and guidance;

21 (3) demonstrate that the total Scope 1, 2, and 3 GHG

22 emissions associated with the capture, transport, and

23 sequestration of the carbon dioxide proposed to be

24 sequestered, converted into carbon dioxide equivalent

25 consistent with United States Environmental Protection

26 Agency rules and guidance, will not exceed the total

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1 amount of carbon dioxide that is sequestered over the life

2 of the sequestration project;

3 (4) include an alternatives analysis that evaluates

4 other reasonable alternatives for achieving the same

5 volume of carbon dioxide emissions reductions as are

6 proposed to be achieved through carbon sequestration,

7 including, but not limited to:

8 (A) if the carbon dioxide was captured at a

9 facility that generates electricity, energy-generation

10 alternatives such as renewable energy, energy storage,

11 or energy efficiency;

12 (B) if the carbon dioxide was captured at a

13 facility that produces fuel for motor vehicles,

14 aircraft, or equipment, alternatives such as the use

15 of electric vehicles, electric aircraft, or

16 alternative fuels; and

17 (C) if the carbon dioxide was captured at an

18 industrial facility, alternative processes that could

19 reduce the amount of carbon dioxide generated.

20 For each alternative identified under this paragraph,

21 the person seeking to sequester carbon dioxide shall

22 complete a GHG inventory analysis of the alternative

23 consistent with paragraph (2); and

24 (5) be developed with public input, including by

25 making a draft version of the analysis available on a

26 public website for not less than 60 days and accepting

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1 comments on the proposed analysis for the entirety of that

2 60-day period, together with a public meeting at least 14

3 days after the posting of the draft on the public website

4 that provides a meaningful opportunity for the public to

5 ask questions, have those questions answered, and provide

6 comment on the draft; the final environmental analysis

7 must include responses to public comments, identify all

8 changes to the analysis made in response to those

9 comments, and be made available to the public on a public

10 website.

11 (d) Any person seeking to sequester carbon dioxide in this

12 State must, before seeking a carbon sequestration permit in

13 accordance with the rules developed under subsection (g),

14 first:

15 (1) conduct an area of review analysis that identifies

16 any faults, fractures, cracks, abandoned or operating

17 wells, seismic activity, or other features of the area of

18 review that could interfere with containment of carbon

19 dioxide and, if any such feature is present, demonstrates

20 that the feature will not interfere with carbon dioxide

21 containment; and

22 (2) at least 30 days before filing the application for

23 a carbon sequestration permit in accordance with this

24 Section, send by certified U.S. Mail a notice to all

25 owners of real property overlying the Area of Review of

26 the person or entity's intent to file an application for a

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1 carbon sequestration permit; the notice shall include a

2 map of the Area of Review identifying the intended

3 location of the carbon dioxide injection well and

4 confining zone, together with the link to the public

5 website at which the permit application will be posted.

6 (e) Any person who applies for or is granted a permit for

7 carbon sequestration under this Section shall post with the

8 Agency a performance bond or other security in accordance with

9 this Act and the rules developed under subsection (g). The

10 only acceptable forms of financial assurance are a trust fund,

11 a surety bond guaranteeing payment, a surety bond guaranteeing

12 performance, or an irrevocable letter of credit. Financial

13 assurance must be sufficient to cover the cost of actions set

14 out in 40 CFR 146.85(a)(2)-(3) and must be maintained by the

15 permittee until the end of the post-injection site care

16 period.

17 The Agency may enter into contracts and agreements it

18 deems necessary to carry out the purposes of this Section,

19 including, but not limited to, interagency agreements with the

20 Illinois State Geological Society, Illinois Department of

21 Natural Resources, or other agencies of the State. Neither the

22 State nor any State employee shall be liable for any damages or

23 injuries arising out of or resulting from any action taken

24 under this Section.

25 The Agency may approve or disapprove any performance bond

26 or other security posted under this subsection. Any person

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1 whose performance bond or other security is disapproved by the

2 Agency may contest the disapproval as a permit denial appeal

3 under Section 40.

4 (f) Every applicant for a permit for carbon sequestration

5 under this Section shall first register with the Agency at

6 least 60 days before applying for a permit. The Agency shall

7 make available a registration form within 90 days after the

8 effective date of this Act. The registration form shall

9 require the following information:

10 (1) the name and address of the registrant and any

11 parent, subsidiary, or affiliate thereof;

12 (2) disclosure of all findings of a serious violation

13 or an equivalent violation under federal or State laws,

14 rules, or regulations concerning the development or

15 operation of a carbon dioxide injection well, a carbon

16 dioxide pipeline, or an oil or gas exploration or

17 production site, by the applicant or any parent,

18 subsidiary, or affiliate thereof within the previous 5

19 years; and

20 (3) proof of insurance to cover injuries, damages, or

21 losses related to a release of carbon dioxide from the

22 confining zone in the amount of at least $250,000,000,

23 from an insurance carrier authorized, licensed, or

24 permitted to do business in this State and that holds at

25 least an A- rating by an American credit rating agency

26 that focuses on the insurance industry.

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1 A registrant must notify the Department of any change in

2 the information identified in paragraph (1), (2), or (3) no

3 later than one month after the change, or sooner upon request

4 of the Agency.

5 If granted a carbon sequestration permit under this

6 Section, the permittee must maintain insurance in accordance

7 with paragraph (3) throughout the period during which carbon

8 dioxide is injected into the sequestration site and at least

9 100 years thereafter.

10 (g) The Board shall adopt rules establishing permit

11 requirements and other standards for carbon sequestration. The

12 Board's rules shall address, but are not limited to, the

13 following issues: applicability; required permit information;

14 minimum criteria for siting; corrective action; financial

15 responsibility; testing and monitoring requirements; reporting

16 requirements; post-injection site care and site closure;

17 emergency and remedial response; and security protections for

18 injection wells, monitors, and other associated infrastructure

19 to prevent tampering with sequestration-related equipment.

20 Not later than one year after the effective date of this

21 Act the Agency shall propose, and not later than 2 years after

22 receipt of the Agency's proposal the Board shall adopt, the

23 rules required under this Section. The rules must, at a

24 minimum:

25 (1) be at least as protective as federal rules and

26 regulations governing Class VI injection wells, that were

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1 published in the Federal Register on December 10, 2010, by

2 the Administrator of the United States Environmental

3 Protection Agency and codified at 40 CFR 146;

4 (2) specify the minimum contents of carbon

5 sequestration permit applications, which shall include:

6 (A) where applicable, the environmental impact

7 analyses required under subsection (c) and the area of

8 review analysis required under subsection (d);

9 (B) the Class VI permit, issued by the United

10 States Environmental Protection Agency or a State

11 agency authorized to issue Class VI permits for carbon

12 dioxide sequestration, for the sequestration facility

13 seeking a carbon sequestration permit;

14 (C) a proposed seismic monitoring plan in

15 accordance with the rules developed under subsection

16 (k) and a probabilistic seismic hazard analysis,

17 including, but not limited to, a review of prior

18 induced seismicity in the area of review associated

19 with injection of fluids or gasses within or outside

20 the area of review, together with predictions,

21 produced by computer modeling, of the induced

22 seismicity likely to result from the proposed

23 sequestration project in addition to seismicity

24 already occurring or likely to occur at the site due to

25 other activities or natural forces within or outside

26 the area of review;

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1 (D) computer simulation data and report

2 demonstrating that the sequestration project will

3 satisfy the permanence standard required by this

4 Section; and

5 (E) documentation and analyses sufficient to

6 demonstrate compliance with all applicable rules for

7 carbon sequestration adopted under this Section.

8 (3) specify the frequency at which carbon

9 sequestration permits expire and must be renewed, the

10 circumstances under which a permittee must seek a permit

11 modification, and the circumstances under which the Agency

12 may temporarily or permanently revoke a carbon

13 sequestration permit;

14 (4) specify the circumstances under which a carbon

15 sequestration permit may be transferred, including, but

16 not limited to: (A) prohibiting the transfer of a carbon

17 sequestration permit unless (i) the transferee has

18 demonstrated, to the satisfaction of the Agency, that it

19 has met the financial assurance and insurance requirements

20 set out in this Section and that it has the capacity to

21 carry out the requirements of the permit; and (B)

22 requiring the transferee to provide notice by direct mail

23 to all surface owners above the area of review for a

24 sequestration facility of any transfers of the carbon

25 sequestration permit for that facility;

26 (5) specify standards for review, approval, and denial

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1 by the Agency of carbon sequestration permit applications;

2 (6) specify meaningful public participation procedures

3 for the issuance of carbon sequestration permits,

4 including, but not limited to:

5 (A) public notice of the submission of permit

6 applications;

7 (B) posting of the full permit application, all

8 documentation and analyses the applicant relied on to

9 come to any calculations or judgments asserted or

10 implied in the permit application, the draft and final

11 permitting actions by the Agency, and the Agency's

12 response to comments on a public website that must be

13 available to the public without a password, sign-in,

14 or other registration;

15 (C) an opportunity for the submission of public

16 comments;

17 (D) an opportunity for a public hearing prior to

18 permit issuance; and

19 (E) a summary and response of the comments

20 prepared by the Agency; when the sequestration is

21 proposed to take place in an area with a significant

22 proportion of residents with limited English

23 proficiency, or otherwise of environmental justice

24 concern, the rules shall specify further opportunities

25 for public participation, including, but not limited

26 to, public meetings, translations of relevant

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1 documents into other languages, and interpretation

2 services at public meetings and hearings;

3 (7) prescribe the type and amount of the performance

4 bonds or other securities required under subsection (e)

5 and the conditions under which the State is entitled to

6 collect moneys from such performance bonds or other

7 securities;

8 (8) specify a procedure to identify areas with a

9 significant proportion of residents with limited English

10 proficiency proximate to sequestration facilities;

11 (9) prohibit carbon dioxide sequestration unless the

12 permit applicant demonstrates that:

13 (A) the area of review in which the applicant

14 proposes to sequester carbon dioxide is not in a

15 location in which carbon sequestration could pose an

16 undue risk of harm to human health or the environment,

17 taking into account the cumulative risks posed by the

18 proposed sequestration project in conjunction with

19 other existing or proposed sequestration projects,

20 injection wells, oil or gas extraction wells,

21 underground natural gas storage projects, or other

22 activities affecting subsurface pressure;

23 (B) the area of review in which the applicant

24 proposes to sequester carbon dioxide does not

25 intersect with an aquifer containing groundwater

26 classified as Class 1, Class 2, or Class 3 under 35

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1 Ill. Adm. Code Part 620, Subpart B;

2 (C) the area of review in which the applicant

3 proposes to sequester carbon dioxide does not

4 intersect with any aquifer that is hydraulically

5 connected to aquifers containing groundwater

6 classified as Class I, II, III under 35 Ill. Adm. Code

7 Part 620, Subpart B;

8 (D) the area of review in which the applicant

9 proposes to sequester carbon dioxide does not contain

10 any faults, fractures, well penetrations, mine shafts,

11 quarries, or other features that could interfere with

12 containment of carbon dioxide; and

13 (E) the sequestration project, in combination with

14 any natural seismicity and other activities that

15 create induced seismicity, will not create a level of

16 seismic activity that poses a risk of harm to public

17 health and safety, either directly or indirectly via

18 damage to well penetrations, equipment, confining

19 layers, or other infrastructure or geology that plays

20 a role in keeping carbon dioxide within the area of

21 review;

22 (F) submits all documentation and analyses the

23 applicant relies on in making the demonstrations

24 required by this paragraph (9);

25 (10) require that monitoring of carbon sequestration

26 facilities be conducted by a third-party contractor;

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1 (11) establish minimum qualifications for third-party

2 contractors to conduct monitoring;

3 (12) specify the types of monitors and frequency of

4 monitoring to be performed at carbon sequestration

5 facilities, which, in addition to monitoring required

6 under 40 CFR 146, shall include: (i) surface air

7 monitoring, soil gas monitoring, seismicity monitoring,

8 and any other types of monitoring the Board determines are

9 appropriate to protect health and the environment and (ii)

10 after a sequestration facility receives authorization for

11 site closure from the Administrator of the United States

12 Environmental Protection Agency or a State agency

13 authorized to issue Class VI permits under the federal

14 Safe Drinking Water Act, annual imaging of the carbon

15 dioxide plume to determine the location of the injected

16 carbon dioxide;

17 (13) setting out requirements to ensure that carbon

18 dioxide injection wells are located far enough away from

19 residences, schools, daycare facilities, hospitals or

20 other healthcare facilities, places of worship,

21 businesses, or other facilities where many people

22 congregate, to minimize damage and ensure that persons in

23 those locations have adequate time to evacuate or be

24 rescued in the event of an injection well blowout or leak;

25 the requirements shall include, but are not limited to, a

26 requirement that sequestration permit applicants use

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1 computerized fluid dynamic modeling or more accurate

2 modeling to predict the impacts of a well blowout or leak;

3 (14) establish a permanence standard of no more than

4 1% of carbon dioxide leakage from the confining zone over

5 a thousand-year period, together with mandates for

6 corrective measures, including, but not limited to,

7 cessation of injection, when monitoring or modeling

8 indicate exceedance of the permanence standard is likely

9 or has already occurred;

10 (15) set out requirements for computer simulations, to

11 be completed every time the area of review is reevaluated

12 or every 5 years, whichever is more frequent, to project

13 whether the sequestration project will meet the permanence

14 standard;

15 (16) set the minimum duration of the post-injection

16 site care period at no fewer than 100 years; and

17 (17) establish reporting requirements for carbon

18 sequestration permittees, which shall include, but are not

19 limited to, the mass of carbon dioxide transported to the

20 sequestration facility; the facilities from which that

21 carbon dioxide was captured; seismic events of 1.0 or

22 greater on the Richter scale; and malfunctions or downtime

23 of any monitors.

24 (h) If the United States Environmental Protection Agency

25 revises 40 CFR 146 to be less protective than the rules

26 published in the Federal Register on December 10, 2010, the

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1 Agency must (i) immediately halt the issuance of carbon

2 sequestration permits and (ii) within 3 months of the

3 effective date of such revision, notify the Board of that

4 revision and propose rules requiring compliance with the

5 December 10, 2010 version of any amended provision. Within 18

6 months of the Agency's proposal, the Board shall amend the

7 rules issued under subsection (g) to incorporate the Agency's

8 proposal or an equally protective provision. The Agency may

9 reinitiate issuance of carbon sequestration permits after the

10 effective date of the amended rules required by this

11 subsection.

12 (i) Within 60 days after a sequestration operator has

13 obtained a carbon sequestration permit under this Section and

14 begun injecting carbon dioxide into the sequestration

15 facility, the sequestration operator shall record, with the

16 Recorder of Deeds in the county in which the property is

17 located, documents stating that (i) the pore space within the

18 sequestration facility will be used to sequester carbon

19 dioxide, and (ii) the pore space within the area of review may

20 be used to sequester carbon dioxide.

21 (j) If monitoring reveals that the carbon dioxide plume

22 has migrated outside of the confining zone, the sequestration

23 operator shall:

24 (A) immediately halt injection of carbon dioxide and

25 assess measures to restore the carbon dioxide to the

26 confining zone;

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1 (B) promptly notify the owners of the surface estate

2 overlying the pore space into which the carbon dioxide has

3 migrated of that migration;

4 (C) promptly determine whether the movement of the

5 carbon dioxide plume may cause an endangerment to an

6 aquifer defined by the United States Environmental

7 Protection Agency as an Underground Source of Drinking

8 Water, and if so:

9 (i) immediately commence emergency response

10 measures required under federal Class VI regulations;

11 and

12 (ii) promptly assess whether any sources of

13 drinking water have been contaminated as a result of

14 the movement of carbon dioxide and, if so, provide an

15 immediate replacement source of drinking water to

16 affected residents that satisfies all drinking water

17 standards set by the United States Environmental

18 Protection Agency under the federal Safe Drinking

19 Water Act; all assessments required by this subsection

20 shall be made available to potentially affected

21 residents upon completion, without delay; and

22 (D) if the migration is lateral, record with the

23 Recorder of Deeds of the county in which the property is

24 located documents stating that that the pore space

25 underlying the surface estate has been used to sequester

26 carbon dioxide.

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1 (k) Once the rules required by subsection (g) have been

2 adopted

, the Agency shall calculate the cost it will bear to

3 implement the carbon dioxide sequestration permit program and

4 shall establish a permit fee sufficient to cover those costs,

5 which it may update periodically as the costs of program

6 implementation change.

7 (l) Seismicity requirements for sequestration facilities.

8 (A) For purposes of this Section, "induced seismicity"

9 means seismicity above background that is recorded by a

10 seismic monitoring network and is attributable to the

11 injection or sequestration of carbon dioxide in the

12 subsurface.

13 (B) Within 2 years of the effective date of this

14 Section, the Agency shall, in consultation with the

15 Illinois State Geological Survey, propose, and the Board

16 shall adopt, rules establishing a protocol for monitoring

17 seismic activity and controlling operational activity of

18 sequestration facilities in an instance of induced

19 seismicity or seismic activity within the area of review

20 that measures at least 1.0 in magnitude.

21 (C) The rules adopted by the Board under this

22 subsection shall: (i) set out seismicity monitoring

23 requirements extending throughout the area of review of

24 carbon dioxide sequestration projects, which shall be

25 capable of detecting seismic activity of a magnitude of

26 0.7 or greater, and shall be calibrated with check-shots,

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1 sonic logs, or other local velocity information; and (ii)

2 employ a "traffic light" control system allowing for low

3 levels of seismicity while including additional monitoring

4 and mitigation requirements when events of induced

5 seismicity or seismicity, measuring 1.5 or greater in

6 magnitude, occur within the area of review. Those

7 additional mitigation requirements shall include, but are

8 not limited to, (i) immediate cessation of injection

9 operations and inspection and evaluation of any and all

10 damage to all injection wells, monitoring wells, or other

11 plugged or unplugged well penetrations or equipment

12 associated with the sequestration facility, with injection

13 reinitiated only if the Agency deems that injection will

14 not pose an undue risk to health or the environment; and

15 (ii) when induced seismicity appears to be the cause of

16 the seismic event, mandates to scale back carbon dioxide

17 injection operations with monitoring for establishment of

18 a potentially safe operation level.

19 (m)_No adjusted standard, variance, or other regulatory

20 relief otherwise available under this Act may be granted from

21 the requirements of this Section.

22 (415 ILCS 5/39) (from Ch. 111 1/2, par. 1039)

23 Sec. 39. Issuance of permits; procedures.

24 (a) When the Board has by regulation required a permit for

25 the construction, installation, or operation of any type of

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1 facility, equipment, vehicle, vessel, or aircraft, the

2 applicant shall apply to the Agency for such permit and it

3 shall be the duty of the Agency to issue such a permit upon

4 proof by the applicant that the facility, equipment, vehicle,

5 vessel, or aircraft will not cause a violation of this Act or

6 of regulations hereunder. The Agency shall adopt such

7 procedures as are necessary to carry out its duties under this

8 Section. In making its determinations on permit applications

9 under this Section the Agency may consider prior adjudications

10 of noncompliance with this Act by the applicant that involved

11 a release of a contaminant into the environment. In granting

12 permits, the Agency may impose reasonable conditions

13 specifically related to the applicant's past compliance

14 history with this Act as necessary to correct, detect, or

15 prevent noncompliance. The Agency may impose such other

16 conditions as may be necessary to accomplish the purposes of

17 this Act, and as are not inconsistent with the regulations

18 promulgated by the Board hereunder. Except as otherwise

19 provided in this Act, a bond or other security shall not be

20 required as a condition for the issuance of a permit. If the

21 Agency denies any permit under this Section, the Agency shall

22 transmit to the applicant within the time limitations of this

23 Section specific, detailed statements as to the reasons the

24 permit application was denied. Such statements shall include,

25 but not be limited to, the following:

26 (i) the Sections of this Act which may be violated if

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1 the permit were granted;

2 (ii) the provision of the regulations, promulgated

3 under this Act, which may be violated if the permit were

4 granted;

5 (iii) the specific type of information, if any, which

6 the Agency deems the applicant did not provide the Agency;

7 and

8 (iv) a statement of specific reasons why the Act and

9 the regulations might not be met if the permit were

10 granted.

11 If there is no final action by the Agency within 90 days

12 after the filing of the application for permit, the applicant

13 may deem the permit issued; except that this time period shall

14 be extended to 180 days when (1) notice and opportunity for

15 public hearing are required by State or federal law or

16 regulation, (2) the application which was filed is for any

17 permit to develop a landfill subject to issuance pursuant to

18 this subsection, or (3) the application that was filed is for a

19 MSWLF unit required to issue public notice under subsection

20 (p) of Section 39. The 90-day and 180-day time periods for the

21 Agency to take final action do not apply to NPDES permit

22 applications under subsection (b) of this Section, to RCRA

23 permit applications under subsection (d) of this Section, to

24 UIC permit applications under subsection (e) of this Section,

25 or to CCR surface impoundment applications under subsection

26 (y) of this Section.

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1 The Agency shall publish notice of all final permit

2 determinations for development permits for MSWLF units and for

3 significant permit modifications for lateral expansions for

4 existing MSWLF units one time in a newspaper of general

5 circulation in the county in which the unit is or is proposed

6 to be located.

7 After January 1, 1994 and until July 1, 1998, operating

8 permits issued under this Section by the Agency for sources of

9 air pollution permitted to emit less than 25 tons per year of

10 any combination of regulated air pollutants, as defined in

11 Section 39.5 of this Act, shall be required to be renewed only

12 upon written request by the Agency consistent with applicable

13 provisions of this Act and regulations promulgated hereunder.

14 Such operating permits shall expire 180 days after the date of

15 such a request. The Board shall revise its regulations for the

16 existing State air pollution operating permit program

17 consistent with this provision by January 1, 1994.

18 After June 30, 1998, operating permits issued under this

19 Section by the Agency for sources of air pollution that are not

20 subject to Section 39.5 of this Act and are not required to

21 have a federally enforceable State operating permit shall be

22 required to be renewed only upon written request by the Agency

23 consistent with applicable provisions of this Act and its

24 rules. Such operating permits shall expire 180 days after the

25 date of such a request. Before July 1, 1998, the Board shall

26 revise its rules for the existing State air pollution

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1 operating permit program consistent with this paragraph and

2 shall adopt rules that require a source to demonstrate that it

3 qualifies for a permit under this paragraph.

4 (b) The Agency may issue NPDES permits exclusively under

5 this subsection for the discharge of contaminants from point

6 sources into navigable waters, all as defined in the Federal

7 Water Pollution Control Act, as now or hereafter amended,

8 within the jurisdiction of the State, or into any well.

9 All NPDES permits shall contain those terms and

10 conditions, including, but not limited to, schedules of

11 compliance, which may be required to accomplish the purposes

12 and provisions of this Act.

13 The Agency may issue general NPDES permits for discharges

14 from categories of point sources which are subject to the same

15 permit limitations and conditions. Such general permits may be

16 issued without individual applications and shall conform to

17 regulations promulgated under Section 402 of the Federal Water

18 Pollution Control Act, as now or hereafter amended.

19 The Agency may include, among such conditions, effluent

20 limitations and other requirements established under this Act,

21 Board regulations, the Federal Water Pollution Control Act, as

22 now or hereafter amended, and regulations pursuant thereto,

23 and schedules for achieving compliance therewith at the

24 earliest reasonable date.

25 The Agency shall adopt filing requirements and procedures

26 which are necessary and appropriate for the issuance of NPDES

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1 permits, and which are consistent with the Act or regulations

2 adopted by the Board, and with the Federal Water Pollution

3 Control Act, as now or hereafter amended, and regulations

4 pursuant thereto.

5 The Agency, subject to any conditions which may be

6 prescribed by Board regulations, may issue NPDES permits to

7 allow discharges beyond deadlines established by this Act or

8 by regulations of the Board without the requirement of a

9 variance, subject to the Federal Water Pollution Control Act,

10 as now or hereafter amended, and regulations pursuant thereto.

11 (c) Except for those facilities owned or operated by

12 sanitary districts organized under the Metropolitan Water

13 Reclamation District Act, no permit for the development or

14 construction of a new pollution control facility may be

15 granted by the Agency unless the applicant submits proof to

16 the Agency that the location of the facility has been approved

17 by the county board of the county if in an unincorporated area,

18 or the governing body of the municipality when in an

19 incorporated area, in which the facility is to be located in

20 accordance with Section 39.2 of this Act. For purposes of this

21 subsection (c), and for purposes of Section 39.2 of this Act,

22 the appropriate county board or governing body of the

23 municipality shall be the county board of the county or the

24 governing body of the municipality in which the facility is to

25 be located as of the date when the application for siting

26 approval is filed.

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1 In the event that siting approval granted pursuant to

2 Section 39.2 has been transferred to a subsequent owner or

3 operator, that subsequent owner or operator may apply to the

4 Agency for, and the Agency may grant, a development or

5 construction permit for the facility for which local siting

6 approval was granted. Upon application to the Agency for a

7 development or construction permit by that subsequent owner or

8 operator, the permit applicant shall cause written notice of

9 the permit application to be served upon the appropriate

10 county board or governing body of the municipality that

11 granted siting approval for that facility and upon any party

12 to the siting proceeding pursuant to which siting approval was

13 granted. In that event, the Agency shall conduct an evaluation

14 of the subsequent owner or operator's prior experience in

15 waste management operations in the manner conducted under

16 subsection (i) of Section 39 of this Act.

17 Beginning August 20, 1993, if the pollution control

18 facility consists of a hazardous or solid waste disposal

19 facility for which the proposed site is located in an

20 unincorporated area of a county with a population of less than

21 100,000 and includes all or a portion of a parcel of land that

22 was, on April 1, 1993, adjacent to a municipality having a

23 population of less than 5,000, then the local siting review

24 required under this subsection (c) in conjunction with any

25 permit applied for after that date shall be performed by the

26 governing body of that adjacent municipality rather than the

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1 county board of the county in which the proposed site is

2 located; and for the purposes of that local siting review, any

3 references in this Act to the county board shall be deemed to

4 mean the governing body of that adjacent municipality;

5 provided, however, that the provisions of this paragraph shall

6 not apply to any proposed site which was, on April 1, 1993,

7 owned in whole or in part by another municipality.

8 In the case of a pollution control facility for which a

9 development permit was issued before November 12, 1981, if an

10 operating permit has not been issued by the Agency prior to

11 August 31, 1989 for any portion of the facility, then the

12 Agency may not issue or renew any development permit nor issue

13 an original operating permit for any portion of such facility

14 unless the applicant has submitted proof to the Agency that

15 the location of the facility has been approved by the

16 appropriate county board or municipal governing body pursuant

17 to Section 39.2 of this Act.

18 After January 1, 1994, if a solid waste disposal facility,

19 any portion for which an operating permit has been issued by

20 the Agency, has not accepted waste disposal for 5 or more

21 consecutive calendar years, before that facility may accept

22 any new or additional waste for disposal, the owner and

23 operator must obtain a new operating permit under this Act for

24 that facility unless the owner and operator have applied to

25 the Agency for a permit authorizing the temporary suspension

26 of waste acceptance. The Agency may not issue a new operation

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1 permit under this Act for the facility unless the applicant

2 has submitted proof to the Agency that the location of the

3 facility has been approved or re-approved by the appropriate

4 county board or municipal governing body under Section 39.2 of

5 this Act after the facility ceased accepting waste.

6 Except for those facilities owned or operated by sanitary

7 districts organized under the Metropolitan Water Reclamation

8 District Act, and except for new pollution control facilities

9 governed by Section 39.2, and except for fossil fuel mining

10 facilities, the granting of a permit under this Act shall not

11 relieve the applicant from meeting and securing all necessary

12 zoning approvals from the unit of government having zoning

13 jurisdiction over the proposed facility.

14 Before beginning construction on any new sewage treatment

15 plant or sludge drying site to be owned or operated by a

16 sanitary district organized under the Metropolitan Water

17 Reclamation District Act for which a new permit (rather than

18 the renewal or amendment of an existing permit) is required,

19 such sanitary district shall hold a public hearing within the

20 municipality within which the proposed facility is to be

21 located, or within the nearest community if the proposed

22 facility is to be located within an unincorporated area, at

23 which information concerning the proposed facility shall be

24 made available to the public, and members of the public shall

25 be given the opportunity to express their views concerning the

26 proposed facility.

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1 The Agency may issue a permit for a municipal waste

2 transfer station without requiring approval pursuant to

3 Section 39.2 provided that the following demonstration is

4 made:

5 (1) the municipal waste transfer station was in

6 existence on or before January 1, 1979 and was in

7 continuous operation from January 1, 1979 to January 1,

8 1993;

9 (2) the operator submitted a permit application to the

10 Agency to develop and operate the municipal waste transfer

11 station during April of 1994;

12 (3) the operator can demonstrate that the county board

13 of the county, if the municipal waste transfer station is

14 in an unincorporated area, or the governing body of the

15 municipality, if the station is in an incorporated area,

16 does not object to resumption of the operation of the

17 station; and

18 (4) the site has local zoning approval.

19 (d) The Agency may issue RCRA permits exclusively under

20 this subsection to persons owning or operating a facility for

21 the treatment, storage, or disposal of hazardous waste as

22 defined under this Act. Subsection (y) of this Section, rather

23 than this subsection (d), shall apply to permits issued for

24 CCR surface impoundments.

25 All RCRA permits shall contain those terms and conditions,

26 including, but not limited to, schedules of compliance, which

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1 may be required to accomplish the purposes and provisions of

2 this Act. The Agency may include among such conditions

3 standards and other requirements established under this Act,

4 Board regulations, the Resource Conservation and Recovery Act

5 of 1976 (P.L. 94-580), as amended, and regulations pursuant

6 thereto, and may include schedules for achieving compliance

7 therewith as soon as possible. The Agency shall require that a

8 performance bond or other security be provided as a condition

9 for the issuance of a RCRA permit.

10 In the case of a permit to operate a hazardous waste or PCB

11 incinerator as defined in subsection (k) of Section 44, the

12 Agency shall require, as a condition of the permit, that the

13 operator of the facility perform such analyses of the waste to

14 be incinerated as may be necessary and appropriate to ensure

15 the safe operation of the incinerator.

16 The Agency shall adopt filing requirements and procedures

17 which are necessary and appropriate for the issuance of RCRA

18 permits, and which are consistent with the Act or regulations

19 adopted by the Board, and with the Resource Conservation and

20 Recovery Act of 1976 (P.L. 94-580), as amended, and

21 regulations pursuant thereto.

22 The applicant shall make available to the public for

23 inspection all documents submitted by the applicant to the

24 Agency in furtherance of an application, with the exception of

25 trade secrets, at the office of the county board or governing

26 body of the municipality. Such documents may be copied upon

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1 payment of the actual cost of reproduction during regular

2 business hours of the local office. The Agency shall issue a

3 written statement concurrent with its grant or denial of the

4 permit explaining the basis for its decision.

5 (e) The Agency may issue UIC permits exclusively under

6 this subsection to persons owning or operating a facility for

7 the underground injection of contaminants as defined under

8 this Act, except that the Agency shall issue any permits for

9 underground injection wells for the sequestration of carbon

10 dioxide under Section 22.64.

11 All UIC permits shall contain those terms and conditions,

12 including, but not limited to, schedules of compliance, which

13 may be required to accomplish the purposes and provisions of

14 this Act. The Agency may include among such conditions

15 standards and other requirements established under this Act,

16 Board regulations, the Safe Drinking Water Act (P.L. 93-523),

17 as amended, and regulations pursuant thereto, and may include

18 schedules for achieving compliance therewith. The Agency shall

19 require that a performance bond or other security be provided

20 as a condition for the issuance of a UIC permit.

21 The Agency shall adopt filing requirements and procedures

22 which are necessary and appropriate for the issuance of UIC

23 permits, and which are consistent with the Act or regulations

24 adopted by the Board, and with the Safe Drinking Water Act

25 (P.L. 93-523), as amended, and regulations pursuant thereto.

26 The applicant shall make available to the public for

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1 inspection all documents submitted by the applicant to the

2 Agency in furtherance of an application, with the exception of

3 trade secrets, at the office of the county board or governing

4 body of the municipality. Such documents may be copied upon

5 payment of the actual cost of reproduction during regular

6 business hours of the local office. The Agency shall issue a

7 written statement concurrent with its grant or denial of the

8 permit explaining the basis for its decision.

9 (f) In making any determination pursuant to Section 9.1 of

10 this Act:

11 (1) The Agency shall have authority to make the

12 determination of any question required to be determined by

13 the Clean Air Act, as now or hereafter amended, this Act,

14 or the regulations of the Board, including the

15 determination of the Lowest Achievable Emission Rate,

16 Maximum Achievable Control Technology, or Best Available

17 Control Technology, consistent with the Board's

18 regulations, if any.

19 (2) The Agency shall adopt requirements as necessary

20 to implement public participation procedures, including,

21 but not limited to, public notice, comment, and an

22 opportunity for hearing, which must accompany the

23 processing of applications for PSD permits. The Agency

24 shall briefly describe and respond to all significant

25 comments on the draft permit raised during the public

26 comment period or during any hearing. The Agency may group

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1 related comments together and provide one unified response

2 for each issue raised.

3 (3) Any complete permit application submitted to the

4 Agency under this subsection for a PSD permit shall be

5 granted or denied by the Agency not later than one year

6 after the filing of such completed application.

7 (4) The Agency shall, after conferring with the

8 applicant, give written notice to the applicant of its

9 proposed decision on the application, including the terms

10 and conditions of the permit to be issued and the facts,

11 conduct, or other basis upon which the Agency will rely to

12 support its proposed action.

13 (g) The Agency shall include as conditions upon all

14 permits issued for hazardous waste disposal sites such

15 restrictions upon the future use of such sites as are

16 reasonably necessary to protect public health and the

17 environment, including permanent prohibition of the use of

18 such sites for purposes which may create an unreasonable risk

19 of injury to human health or to the environment. After

20 administrative and judicial challenges to such restrictions

21 have been exhausted, the Agency shall file such restrictions

22 of record in the Office of the Recorder of the county in which

23 the hazardous waste disposal site is located.

24 (h) A hazardous waste stream may not be deposited in a

25 permitted hazardous waste site unless specific authorization

26 is obtained from the Agency by the generator and disposal site

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1 owner and operator for the deposit of that specific hazardous

2 waste stream. The Agency may grant specific authorization for

3 disposal of hazardous waste streams only after the generator

4 has reasonably demonstrated that, considering technological

5 feasibility and economic reasonableness, the hazardous waste

6 cannot be reasonably recycled for reuse, nor incinerated or

7 chemically, physically, or biologically treated so as to

8 neutralize the hazardous waste and render it nonhazardous. In

9 granting authorization under this Section, the Agency may

10 impose such conditions as may be necessary to accomplish the

11 purposes of the Act and are consistent with this Act and

12 regulations promulgated by the Board hereunder. If the Agency

13 refuses to grant authorization under this Section, the

14 applicant may appeal as if the Agency refused to grant a

15 permit, pursuant to the provisions of subsection (a) of

16 Section 40 of this Act. For purposes of this subsection (h),

17 the term "generator" has the meaning given in Section 3.205 of

18 this Act, unless: (1) the hazardous waste is treated,

19 incinerated, or partially recycled for reuse prior to

20 disposal, in which case the last person who treats,

21 incinerates, or partially recycles the hazardous waste prior

22 to disposal is the generator; or (2) the hazardous waste is

23 from a response action, in which case the person performing

24 the response action is the generator. This subsection (h) does

25 not apply to any hazardous waste that is restricted from land

26 disposal under 35 Ill. Adm. Code 728.

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1 (i) Before issuing any RCRA permit, any permit for a waste

2 storage site, sanitary landfill, waste disposal site, waste

3 transfer station, waste treatment facility, waste incinerator,

4 or any waste-transportation operation, any permit or interim

5 authorization for a clean construction or demolition debris

6 fill operation, or any permit required under subsection (d-5)

7 of Section 55, the Agency shall conduct an evaluation of the

8 prospective owner's or operator's prior experience in waste

9 management operations, clean construction or demolition debris

10 fill operations, and tire storage site management. The Agency

11 may deny such a permit, or deny or revoke interim

12 authorization, if the prospective owner or operator or any

13 employee or officer of the prospective owner or operator has a

14 history of:

15 (1) repeated violations of federal, State, or local

16 laws, regulations, standards, or ordinances in the

17 operation of waste management facilities or sites, clean

18 construction or demolition debris fill operation

19 facilities or sites, or tire storage sites; or

20 (2) conviction in this or another State of any crime

21 which is a felony under the laws of this State, or

22 conviction of a felony in a federal court; or conviction

23 in this or another state or federal court of any of the

24 following crimes: forgery, official misconduct, bribery,

25 perjury, or knowingly submitting false information under

26 any environmental law, regulation, or permit term or

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1 condition; or

2 (3) proof of gross carelessness or incompetence in

3 handling, storing, processing, transporting, or disposing

4 of waste, clean construction or demolition debris, or used

5 or waste tires, or proof of gross carelessness or

6 incompetence in using clean construction or demolition

7 debris as fill.

8 (i-5) Before issuing any permit or approving any interim

9 authorization for a clean construction or demolition debris

10 fill operation in which any ownership interest is transferred

11 between January 1, 2005, and the effective date of the

12 prohibition set forth in Section 22.52 of this Act, the Agency

13 shall conduct an evaluation of the operation if any previous

14 activities at the site or facility may have caused or allowed

15 contamination of the site. It shall be the responsibility of

16 the owner or operator seeking the permit or interim

17 authorization to provide to the Agency all of the information

18 necessary for the Agency to conduct its evaluation. The Agency

19 may deny a permit or interim authorization if previous

20 activities at the site may have caused or allowed

21 contamination at the site, unless such contamination is

22 authorized under any permit issued by the Agency.

23 (j) The issuance under this Act of a permit to engage in

24 the surface mining of any resources other than fossil fuels

25 shall not relieve the permittee from its duty to comply with

26 any applicable local law regulating the commencement,

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1 location, or operation of surface mining facilities.

2 (k) A development permit issued under subsection (a) of

3 Section 39 for any facility or site which is required to have a

4 permit under subsection (d) of Section 21 shall expire at the

5 end of 2 calendar years from the date upon which it was issued,

6 unless within that period the applicant has taken action to

7 develop the facility or the site. In the event that review of

8 the conditions of the development permit is sought pursuant to

9 Section 40 or 41, or permittee is prevented from commencing

10 development of the facility or site by any other litigation

11 beyond the permittee's control, such two-year period shall be

12 deemed to begin on the date upon which such review process or

13 litigation is concluded.

14 (l) No permit shall be issued by the Agency under this Act

15 for construction or operation of any facility or site located

16 within the boundaries of any setback zone established pursuant

17 to this Act, where such construction or operation is

18 prohibited.

19 (m) The Agency may issue permits to persons owning or

20 operating a facility for composting landscape waste. In

21 granting such permits, the Agency may impose such conditions

22 as may be necessary to accomplish the purposes of this Act, and

23 as are not inconsistent with applicable regulations

24 promulgated by the Board. Except as otherwise provided in this

25 Act, a bond or other security shall not be required as a

26 condition for the issuance of a permit. If the Agency denies

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1 any permit pursuant to this subsection, the Agency shall

2 transmit to the applicant within the time limitations of this

3 subsection specific, detailed statements as to the reasons the

4 permit application was denied. Such statements shall include

5 but not be limited to the following:

6 (1) the Sections of this Act that may be violated if

7 the permit were granted;

8 (2) the specific regulations promulgated pursuant to

9 this Act that may be violated if the permit were granted;

10 (3) the specific information, if any, the Agency deems

11 the applicant did not provide in its application to the

12 Agency; and

13 (4) a statement of specific reasons why the Act and

14 the regulations might be violated if the permit were

15 granted.

16 If no final action is taken by the Agency within 90 days

17 after the filing of the application for permit, the applicant

18 may deem the permit issued. Any applicant for a permit may

19 waive the 90-day limitation by filing a written statement with

20 the Agency.

21 The Agency shall issue permits for such facilities upon

22 receipt of an application that includes a legal description of

23 the site, a topographic map of the site drawn to the scale of

24 200 feet to the inch or larger, a description of the operation,

25 including the area served, an estimate of the volume of

26 materials to be processed, and documentation that:

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1 (1) the facility includes a setback of at least 200

2 feet from the nearest potable water supply well;

3 (2) the facility is located outside the boundary of

4 the 10-year floodplain or the site will be floodproofed;

5 (3) the facility is located so as to minimize

6 incompatibility with the character of the surrounding

7 area, including at least a 200 foot setback from any

8 residence, and in the case of a facility that is developed

9 or the permitted composting area of which is expanded

10 after November 17, 1991, the composting area is located at

11 least 1/8 mile from the nearest residence (other than a

12 residence located on the same property as the facility);

13 (4) the design of the facility will prevent any

14 compost material from being placed within 5 feet of the

15 water table, will adequately control runoff from the site,

16 and will collect and manage any leachate that is generated

17 on the site;

18 (5) the operation of the facility will include

19 appropriate dust and odor control measures, limitations on

20 operating hours, appropriate noise control measures for

21 shredding, chipping and similar equipment, management

22 procedures for composting, containment and disposal of

23 non-compostable wastes, procedures to be used for

24 terminating operations at the site, and recordkeeping

25 sufficient to document the amount of materials received,

26 composted, and otherwise disposed of; and

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1 (6) the operation will be conducted in accordance with

2 any applicable rules adopted by the Board.

3 The Agency shall issue renewable permits of not longer

4 than 10 years in duration for the composting of landscape

5 wastes, as defined in Section 3.155 of this Act, based on the

6 above requirements.

7 The operator of any facility permitted under this

8 subsection (m) must submit a written annual statement to the

9 Agency on or before April 1 of each year that includes an

10 estimate of the amount of material, in tons, received for

11 composting.

12 (n) The Agency shall issue permits jointly with the

13 Department of Transportation for the dredging or deposit of

14 material in Lake Michigan in accordance with Section 18 of the

15 Rivers, Lakes, and Streams Act.

16 (o) (Blank).

17 (p) (1) Any person submitting an application for a permit

18 for a new MSWLF unit or for a lateral expansion under

19 subsection (t) of Section 21 of this Act for an existing MSWLF

20 unit that has not received and is not subject to local siting

21 approval under Section 39.2 of this Act shall publish notice

22 of the application in a newspaper of general circulation in

23 the county in which the MSWLF unit is or is proposed to be

24 located. The notice must be published at least 15 days before

25 submission of the permit application to the Agency. The notice

26 shall state the name and address of the applicant, the

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1 location of the MSWLF unit or proposed MSWLF unit, the nature

2 and size of the MSWLF unit or proposed MSWLF unit, the nature

3 of the activity proposed, the probable life of the proposed

4 activity, the date the permit application will be submitted,

5 and a statement that persons may file written comments with

6 the Agency concerning the permit application within 30 days

7 after the filing of the permit application unless the time

8 period to submit comments is extended by the Agency.

9 When a permit applicant submits information to the Agency

10 to supplement a permit application being reviewed by the

11 Agency, the applicant shall not be required to reissue the

12 notice under this subsection.

13 (2) The Agency shall accept written comments concerning

14 the permit application that are postmarked no later than 30

15 days after the filing of the permit application, unless the

16 time period to accept comments is extended by the Agency.

17 (3) Each applicant for a permit described in part (1) of

18 this subsection shall file a copy of the permit application

19 with the county board or governing body of the municipality in

20 which the MSWLF unit is or is proposed to be located at the

21 same time the application is submitted to the Agency. The

22 permit application filed with the county board or governing

23 body of the municipality shall include all documents submitted

24 to or to be submitted to the Agency, except trade secrets as

25 determined under Section 7.1 of this Act. The permit

26 application and other documents on file with the county board

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1 or governing body of the municipality shall be made available

2 for public inspection during regular business hours at the

3 office of the county board or the governing body of the

4 municipality and may be copied upon payment of the actual cost

5 of reproduction.

6 (q) Within 6 months after July 12, 2011 (the effective

7 date of Public Act 97-95), the Agency, in consultation with

8 the regulated community, shall develop a web portal to be

9 posted on its website for the purpose of enhancing review and

10 promoting timely issuance of permits required by this Act. At

11 a minimum, the Agency shall make the following information

12 available on the web portal:

13 (1) checklist ~~Checklists~~ and guidance relating to the

14 completion of permit applications, developed pursuant to

15 subsection (s) of this Section, which may include, but are

16 not limited to, existing instructions for completing the

17 applications and examples of complete applications ; as ~~.~~

18 ~~As~~ the Agency develops new checklists and develops

19 guidance, it shall supplement the web portal with those

20 materials ; ~~.~~

21 (2) within ~~Within~~ 2 years after July 12, 2011 (the

22 effective date of Public Act 97-95), permit application

23 forms or portions of permit applications that can be

24 completed and saved electronically, and submitted to the

25 Agency electronically with digital signatures ; and ~~.~~

26 (3) within ~~Within~~ 2 years after July 12, 2011 (the

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1 effective date of Public Act 97-95), an online tracking

2 system where an applicant may review the status of its

3 pending application, including the name and contact

4 information of the permit analyst assigned to the

5 application; until ~~. Until~~ the online tracking system has

6 been developed, the Agency shall post on its website

7 semi-annual permitting efficiency tracking reports that

8 include statistics on the timeframes for Agency action on

9 the following types of permits received after July 12,

10 2011 (the effective date of Public Act 97-95),

11 specifically mandating and consisting of ~~:~~ air

12 construction permits, new NPDES permits and associated

13 water construction permits, and modifications of major

14 NPDES permits and associated water construction permits ;

15 the ~~. The~~ reports must be posted by February 1 and August 1

16 each year and shall include:

17 (A) the number of applications received for each

18 type of permit, the number of applications on which

19 the Agency has taken action, and the number of

20 applications still pending; and

21 (B) for those applications where the Agency has

22 not taken action in accordance with the timeframes set

23 forth in this Act, the date the application was

24 received and the reasons for any delays, which may

25 include, but shall not be limited to, (i) the

26 application being inadequate or incomplete, (ii)

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1 scientific or technical disagreements with the

2 applicant, USEPA, or other local, state, or federal

3 agencies involved in the permitting approval process,

4 (iii) public opposition to the permit, or (iv) Agency

5 staffing shortages ; to ~~. To~~ the extent practicable,

6 the tracking report shall provide approximate dates

7 when cause for delay was identified by the Agency,

8 when the Agency informed the applicant of the problem

9 leading to the delay, and when the applicant remedied

10 the reason for the delay.

11 (r) Upon the request of the applicant, the Agency shall

12 notify the applicant of the permit analyst assigned to the

13 application upon its receipt.

14 (s) The Agency is authorized to prepare and distribute

15 guidance documents relating to its administration of this

16 Section and procedural rules implementing this Section.

17 Guidance documents prepared under this subsection shall not be

18 considered rules and shall not be subject to the Illinois

19 Administrative Procedure Act. Such guidance shall not be

20 binding on any party.

21 (t) Except as otherwise prohibited by federal law or

22 regulation, any person submitting an application for a permit

23 may include with the application suggested permit language for

24 Agency consideration. The Agency is not obligated to use the

25 suggested language or any portion thereof in its permitting

26 decision. If requested by the permit applicant, the Agency

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1 shall meet with the applicant to discuss the suggested

2 language.

3 (u) If requested by the permit applicant, the Agency shall

4 provide the permit applicant with a copy of the draft permit

5 prior to any public review period.

6 (v) If requested by the permit applicant, the Agency shall

7 provide the permit applicant with a copy of the final permit

8 prior to its issuance.

9 (w) An air pollution permit shall not be required due to

10 emissions of greenhouse gases, as specified by Section 9.15 of

11 this Act.

12 (x) If, before the expiration of a State operating permit

13 that is issued pursuant to subsection (a) of this Section and

14 contains federally enforceable conditions limiting the

15 potential to emit of the source to a level below the major

16 source threshold for that source so as to exclude the source

17 from the Clean Air Act Permit Program, the Agency receives a

18 complete application for the renewal of that permit, then all

19 of the terms and conditions of the permit shall remain in

20 effect until final administrative action has been taken on the

21 application for the renewal of the permit.

22 (y) The Agency may issue permits exclusively under this

23 subsection to persons owning or operating a CCR surface

24 impoundment subject to Section 22.59.

25 (z) If a mass animal mortality event is declared by the

26 Department of Agriculture in accordance with the Animal

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1 Mortality Act:

2 (1) the owner or operator responsible for the disposal

3 of dead animals is exempted from the following:

4 (i) obtaining a permit for the construction,

5 installation, or operation of any type of facility or

6 equipment issued in accordance with subsection (a) of

7 this Section;

8 (ii) obtaining a permit for open burning in

9 accordance with the rules adopted by the Board; and

10 (iii) registering the disposal of dead animals as

11 an eligible small source with the Agency in accordance

12 with Section 9.14 of this Act;

13 (2) as applicable, the owner or operator responsible

14 for the disposal of dead animals is required to obtain the

15 following permits:

16 (i) an NPDES permit in accordance with subsection

17 (b) of this Section;

18 (ii) a PSD permit or an NA NSR permit in accordance

19 with Section 9.1 of this Act;

20 (iii) a lifetime State operating permit or a

21 federally enforceable State operating permit, in

22 accordance with subsection (a) of this Section; or

23 (iv) a CAAPP permit, in accordance with Section

24 39.5 of this Act.

25 All CCR surface impoundment permits shall contain those

26 terms and conditions, including, but not limited to, schedules

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1 of compliance, which may be required to accomplish the

2 purposes and provisions of this Act, Board regulations, the

3 Illinois Groundwater Protection Act and regulations pursuant

4 thereto, and the Resource Conservation and Recovery Act and

5 regulations pursuant thereto, and may include schedules for

6 achieving compliance therewith as soon as possible.

7 The Board shall adopt filing requirements and procedures

8 that are necessary and appropriate for the issuance of CCR

9 surface impoundment permits and that are consistent with this

10 Act or regulations adopted by the Board, and with the RCRA, as

11 amended, and regulations pursuant thereto.

12 The applicant shall make available to the public for

13 inspection all documents submitted by the applicant to the

14 Agency in furtherance of an application, with the exception of

15 trade secrets, on its public internet website as well as at the

16 office of the county board or governing body of the

17 municipality where CCR from the CCR surface impoundment will

18 be permanently disposed. Such documents may be copied upon

19 payment of the actual cost of reproduction during regular

20 business hours of the local office.

21 The Agency shall issue a written statement concurrent with

22 its grant or denial of the permit explaining the basis for its

23 decision.

24 (Source: P.A. 101-171, eff. 7-30-19; 102-216, eff. 1-1-22;

25 102-558, eff. 8-20-21; 102-813, eff. 5-13-22.)

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1 (415 ILCS 5/40) (from Ch. 111 1/2, par. 1040)

2 Sec. 40. Appeal of permit denial.

3 (a)(1) If the Agency refuses to grant or grants with

4 conditions a permit under Section 39 of this Act, the

5 applicant may, within 35 days after the date on which the

6 Agency served its decision on the applicant, petition for a

7 hearing before the Board to contest the decision of the

8 Agency. However, the 35-day period for petitioning for a

9 hearing may be extended for an additional period of time not to

10 exceed 90 days by written notice provided to the Board from the

11 applicant and the Agency within the initial appeal period. The

12 Board shall give 21 days' notice to any person in the county

13 where is located the facility in issue who has requested

14 notice of enforcement proceedings and to each member of the

15 General Assembly in whose legislative district that

16 installation or property is located; and shall publish that

17 21-day notice in a newspaper of general circulation in that

18 county. The Agency shall appear as respondent in such hearing.

19 At such hearing the rules prescribed in Section 32 and

20 subsection (a) of Section 33 of this Act shall apply, and the

21 burden of proof shall be on the petitioner. If, however, the

22 Agency issues an NPDES permit that imposes limits which are

23 based upon a criterion or denies a permit based upon

24 application of a criterion, then the Agency shall have the

25 burden of going forward with the basis for the derivation of

26 those limits or criterion which were derived under the Board's

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1 rules.

2 (2) Except as provided in paragraph (a)(3), if there is no

3 final action by the Board within 120 days after the date on

4 which it received the petition, the petitioner may deem the

5 permit issued under this Act, provided, however, that that

6 period of 120 days shall not run for any period of time, not to

7 exceed 30 days, during which the Board is without sufficient

8 membership to constitute the quorum required by subsection (a)

9 of Section 5 of this Act, and provided further that such 120

10 day period shall not be stayed for lack of quorum beyond 30

11 days regardless of whether the lack of quorum exists at the

12 beginning of such 120-day period or occurs during the running

13 of such 120-day period.

14 (3) Paragraph (a)(2) shall not apply to any permit which

15 is subject to subsection (b), (d) or (e) of Section 39. If

16 there is no final action by the Board within 120 days after the

17 date on which it received the petition, the petitioner shall

18 be entitled to an Appellate Court order pursuant to subsection

19 (d) of Section 41 of this Act.

20 (b) If the Agency grants a RCRA permit for a hazardous

21 waste disposal site, a third party, other than the permit

22 applicant or Agency, may, within 35 days after the date on

23 which the Agency issued its decision, petition the Board for a

24 hearing to contest the issuance of the permit. Unless the

25 Board determines that such petition is duplicative or

26 frivolous, or that the petitioner is so located as to not be

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1 affected by the permitted facility, the Board shall hear the

2 petition in accordance with the terms of subsection (a) of

3 this Section and its procedural rules governing denial

4 appeals, such hearing to be based exclusively on the record

5 before the Agency. The burden of proof shall be on the

6 petitioner. The Agency and the permit applicant shall be named

7 co-respondents.

8 The provisions of this subsection do not apply to the

9 granting of permits issued for the disposal or utilization of

10 sludge from publicly owned sewage works.

11 (c) Any party to an Agency proceeding conducted pursuant

12 to Section 39.3 of this Act may petition as of right to the

13 Board for review of the Agency's decision within 35 days from

14 the date of issuance of the Agency's decision, provided that

15 such appeal is not duplicative or frivolous. However, the

16 35-day period for petitioning for a hearing may be extended by

17 the applicant for a period of time not to exceed 90 days by

18 written notice provided to the Board from the applicant and

19 the Agency within the initial appeal period. If another person

20 with standing to appeal wishes to obtain an extension, there

21 must be a written notice provided to the Board by that person,

22 the Agency, and the applicant, within the initial appeal

23 period. The decision of the Board shall be based exclusively

24 on the record compiled in the Agency proceeding. In other

25 respects the Board's review shall be conducted in accordance

26 with subsection (a) of this Section and the Board's procedural

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1 rules governing permit denial appeals.

2 (d) In reviewing the denial or any condition of a NA NSR

3 permit issued by the Agency pursuant to rules and regulations

4 adopted under subsection (c) of Section 9.1 of this Act, the

5 decision of the Board shall be based exclusively on the record

6 before the Agency including the record of the hearing, if any,

7 unless the parties agree to supplement the record. The Board

8 shall, if it finds the Agency is in error, make a final

9 determination as to the substantive limitations of the permit

10 including a final determination of Lowest Achievable Emission

11 Rate.

12 (e)(1) If the Agency grants or denies a permit under

13 subsection (b) of Section 39 of this Act, a third party, other

14 than the permit applicant or Agency, may petition the Board

15 within 35 days from the date of issuance of the Agency's

16 decision, for a hearing to contest the decision of the Agency.

17 (2) A petitioner shall include the following within a

18 petition submitted under subdivision (1) of this subsection:

19 (A) a demonstration that the petitioner raised the

20 issues contained within the petition during the public

21 notice period or during the public hearing on the NPDES

22 permit application, if a public hearing was held; and

23 (B) a demonstration that the petitioner is so situated

24 as to be affected by the permitted facility.

25 (3) If the Board determines that the petition is not

26 duplicative or frivolous and contains a satisfactory

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1 demonstration under subdivision (2) of this subsection, the

2 Board shall hear the petition (i) in accordance with the terms

3 of subsection (a) of this Section and its procedural rules

4 governing permit denial appeals and (ii) exclusively on the

5 basis of the record before the Agency. The burden of proof

6 shall be on the petitioner. The Agency and permit applicant

7 shall be named co-respondents.

8 (f) Any person who files a petition to contest the

9 issuance of a permit by the Agency shall pay a filing fee.

10 (g) If the Agency grants or denies a permit under

11 subsection (y) of Section 39, a third party, other than the

12 permit applicant or Agency, may appeal the Agency's decision

13 as provided under federal law for CCR surface impoundment

14 permits.

15 (h) If the Agency grants or denies a permit for the capture

16 of carbon dioxide under Section 9.21 or a permit for

17 sequestration of carbon dioxide under Section 22.64,

18 including, but not limited to, the disapproval of financial

19 assurance under subsection (e) of Section 22.64, any person

20 may petition the Board, within 35 days after the date of

21 issuance of the Agency's decision, for a hearing to contest

22 the grant or denial.

23 (Source: P.A. 101-171, eff. 7-30-19; 102-558, eff. 8-20-21.)

24 Section 97. Severability. The provisions of this Act are

25 severable under Section 1.31 of the Statute on Statutes.

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1 Section 99. Effective date. This Act takes effect upon

2 becoming law.

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INDEX

Statutes amended in order of appearance