Bill Text: IL SB3968 | 2023-2024 | 103rd General Assembly | Introduced

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Bill Title: Amends the Environmental Protection Act. Provides that no person shall conduct a carbon sequestration activity within a sequestration facility that overlies, underlies, or passes through a sole-source aquifer. Defines "sole-source aquifer". Effective immediately.

Spectrum: Moderate Partisan Bill (Democrat 7-2)

Status: (Introduced) 2024-12-05 - Added as Co-Sponsor Sen. Mary Edly-Allen [SB3968 Detail]

Download: Illinois-2023-SB3968-Introduced.html

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103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB3968 Introduced 10/11/2024, by Sen. Paul Faraci SYNOPSIS AS INTRODUCED:
415 ILCS 5/59
415 ILCS 5/59.5
Amends the Environmental Protection Act. Provides that no person shall conduct a carbon sequestration activity within a sequestration facility that overlies, underlies, or passes through a sole-source aquifer. Defines "sole-source aquifer". Effective immediately.
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A BILL FOR
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AN ACT concerning safety.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Environmental Protection Act is amended by
changing Sections 59 and 59.5 as follows:
(415 ILCS 5/59)
Sec. 59. Definitions. As used in this Title:
"Carbon dioxide capture project" mean a project or
facility that:
(1) uses equipment to capture a significant quantity
of carbon dioxide directly from the ambient air or uses a
process to separate carbon dioxide from industrial or
energy-related sources, other than oil or gas production
from a well; and
(2) produces a concentrated fluid of carbon dioxide.
"Carbon dioxide stream" means carbon dioxide, any
incidental associated substances derived from the source
materials and process of producing or capturing carbon
dioxide, and any substance added to the stream to enable or
improve the injection process or the detection of a leak or
rupture.
"Carbon sequestration activity" means the injection of one
or more carbon dioxide streams into underground geologic

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formations under at least one Class VI well permit for
long-term sequestration.
"Criteria pollutants" means the 6 pollutants for which the
United States Environmental Protection Agency has set National
Ambient Air Quality Standards under Section 109 of the Clean
Air Act, together with recognized precursors to those
pollutants.
"Project labor agreement" means a prehire collective
bargaining agreement that covers all terms and conditions of
employment on a specific construction project and must include
the following:
(1) provisions establishing the minimum hourly wage
for each class of labor organization employee;
(2) provisions establishing the benefits and other
compensation for each class of labor organization
employee;
(3) provisions establishing that no strike or disputes
will be engaged in by the labor organization employees;
(4) provisions establishing that no lockout or
disputes will be engaged in by the general contractor
building the project; and
(5) provisions for minorities and women, as defined
under the Business Enterprise for Minorities, Women, and
Persons with Disabilities Act, setting forth goals for
apprenticeship hours to be performed by minorities and
women and setting forth goals for total hours to be

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performed by underrepresented minorities and women.
"Project labor agreement" includes other terms and conditions
a labor organization or general contractor building the
project deems necessary.
"Sequestration facility" means the carbon dioxide
sequestration reservoir, underground equipment, including, but
not limited to, well penetrations, and surface facilities and
equipment used or proposed to be used in a carbon
sequestration activity. "Sequestration facility" includes each
injection well and equipment used to connect surface
activities to the carbon dioxide sequestration reservoir and
underground equipment. "Sequestration facility" does not
include pipelines used to transport carbon dioxide to a
sequestration facility.
"Sole-source aquifer" means an aquifer designated as a
sole-source or principal aquifer by the United States
Environmental Protection Agency under the federal Safe
Drinking Water Act, together with the aquifer's upstream
areas, which, for purposes of this definition, consist of the
project review area of the aquifer, as identified by the
United States Environmental Protection Agency.
(Source: P.A. 103-651, eff. 7-18-24.)
(415 ILCS 5/59.5)
Sec. 59.5. Prohibitions.
(a) No person shall conduct a carbon sequestration

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activity without a permit issued by the Agency under Section
59.6. This prohibition does not apply to any carbon
sequestration activity in existence and permitted by the
United States Environmental Protection Agency on or before the
effective date of this amendatory Act of the 103rd General
Assembly or to any Class VI well for which (1) a Class VI well
permit has been filed with the United States Environmental
Protection Agency and a completeness determination had been
received prior to January 1, 2023, and (2) the sequestration
activity will occur on a contiguous property with common
ownership where the carbon dioxide is generated, captured, and
injected.
(b) No person shall conduct a carbon sequestration
activity in violation of this Act.
(c) No person shall conduct a carbon sequestration
activity in violation of any applicable rules adopted by the
Pollution Control Board.
(d) No person shall conduct a carbon sequestration
activity in violation of a permit issued by the Agency under
this Act.
(e) No person shall fail to submit reports required by
this Act or required by a permit issued by the Agency under
this Act.
(f) No person shall conduct a carbon sequestration
activity without obtaining an order for integration of pore
space from the Department of Natural Resources, if applicable.

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(g) No person shall conduct a carbon sequestration
activity within a sequestration facility that overlies,
underlies, or passes through a sole-source aquifer.
(Source: P.A. 103-651, eff. 7-18-24.)