HB4746 EnrolledLRB100 16050 SMS 31169 b

1    AN ACT concerning regulation.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Illinois Oil and Gas Act is amended by
5adding Sections 7.5 and 7.6 as follows:
6    (225 ILCS 725/7.5 new)
7    Sec. 7.5. Natural gas storage field; natural gas incident;
8public notice. In addition to the requirements of this Section
9and any applicable State and federal law, an operator of a
10natural gas storage field that lies on the footprint of a Sole
11Source Aquifer designated as such in 2015 by the United States
12Environmental Protection Agency must immediately notify the
13following parties located within 5 miles of the boundaries of a
14natural gas incident:
15        (1) The Illinois Emergency Management Agency and all
16    municipalities and counties.
17        (2) All emergency service agencies serving that area.
18        (3) All owners and operators of public water supplies,
19    community water supplies, and non-community water
20    supplies.
21    As soon as practicable, but no later than 3 months after
22the effective date of this amendatory Act of the 100th General
23Assembly, the Department shall adopt rules establishing the



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1minimum criteria for an unintentional release of natural gas
2that would constitute an incident for purposes of this Section.
3In determining what constitutes an incident, the Department
4shall consider, but is not limited to, the following criteria:
5        (1) the amount of natural gas or other substances that
6    were released as a result of the incident;
7        (2) the duration of the natural gas incident before it
8    was resolved; and
9        (3) whether there is an imminent threat of danger to
10    property or public safety.
11    The rules shall be at least as stringent as the definition
12of "incident" as promulgated by the United States Secretary of
13Transportation under 49 CFR 191.3(1)(iii). The Department
14shall maintain the rules so that the rules are at least as
15stringent as the definition of "incident" from time to time in
16effect under 49 CFR 191.3(1)(iii).
17    In addition, all private residents, owners and operators of
18private water systems, or businesses, including agricultural
19operations, located within one and a half miles of the
20boundaries of the natural gas incident must be notified as soon
21as practically possible.
22    Notices to private residents and businesses must be
23attempted through verbal communication, whether in person or by
24telephone. If verbal communication cannot be established, a
25physical notice must be posted on the premises of the private
26residence or business in a conspicuous location where it is



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1easily seen by the inhabitants of the private residence or
2employees at the business. The physical notice shall carry the
3following text in at least 18-point font: "NATURAL GAS INCIDENT
4NOTICE - READ IMMEDIATELY". Notices required under this Section
5shall be provided whether or not the threat of exposure has
6been eliminated. Both verbal and physical notices shall include
7the location of the natural gas incident, the date and time
8that the natural gas incident was discovered, contact
9information of the operator of the natural gas storage field,
10and any applicable safety information.
11    The operator of a natural gas storage field has a
12continuous and ongoing obligation to further notify the
13affected parties as necessary if it is determined that the
14boundaries of the natural gas incident have increased, moved,
15or shifted. This notice requirement shall be construed as
16broadly as possible.
17    (225 ILCS 725/7.6 new)
18    Sec. 7.6. Gas storage field inspection. The Department
19shall conduct annual inspections at all gas storage fields
20lying on the footprint of a Sole Source Aquifer designated as
21such in 2015 by the United States Environmental Protection
22Agency in the State to ensure that there are no infrastructure
23deficiencies or failures that could pose any harm to public
24health. The owner of the gas storage field shall cover the
25costs of the annual inspection.