103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB5814

 

Introduced , by Rep. Ann M. Williams

 

SYNOPSIS AS INTRODUCED:
 
See Index

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


LRB103 39997 BDA 71298 b

 

 

A BILL FOR

 

HB5814LRB103 39997 BDA 71298 b

1    AN ACT concerning safety.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 1. Short title. This Act may be cited as the Carbon
5Dioxide Transport and Storage Protections Act.
 
6    Section 5. Legislative findings and objectives. The
7General 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.

 

 

HB5814- 2 -LRB103 39997 BDA 71298 b

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
12Agency.
13    "Amalgamation" means the combining or uniting of property
14rights in adjacent subsurface pore space for the permanent
15storage of carbon dioxide.
16    "Area of review" has the meaning given to that term in
17Section 3.121 of the Environmental Protection Act.
18    "Carbon dioxide injection well" means a well that is used
19to inject carbon dioxide into a reservoir for permanent
20geologic sequestration.
21    "Carbon dioxide pipeline" or "pipeline" means the in-State
22portion of a pipeline, including appurtenant facilities,
23property rights, and easements, that are used to transport
24carbon dioxide.
25    "Carbon dioxide sequestration reservoir" means a portion

 

 

HB5814- 3 -LRB103 39997 BDA 71298 b

1of a sedimentary geologic stratum or formation containing pore
2space, including, but not limited to, depleted reservoirs and
3saline formations, that the United States Environmental
4Protection Agency has determined is suitable for the injection
5and permanent storage of carbon dioxide.
6    "Carbon dioxide stream" means carbon dioxide, any
7incidental associated substances derived from the source
8materials and process of producing or capturing carbon
9dioxide, and any substance added to the stream to enable or
10improve the injection process or the detection of a leak or
11rupture.
12    "Department" means the Department of Public Health.
13    "Fund" means the Carbon Transportation and Sequestration
14Readiness Fund.
15    "Person" has the meaning given to that term in Section
163.315 of the Environmental Protection Act.
17    "Pipeline operator" means a person who owns, leases,
18operates, controls, or supervises a pipeline that transports
19carbon dioxide.
20    "Pore space" or "porosity" means the portion of geologic
21media that contains gas or fluid, including, but not limited
22to, 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
25space.
26    "Qualified Third Party" means a person or entity

 

 

HB5814- 4 -LRB103 39997 BDA 71298 b

1determined by the Department to have the capacity and
2experience to carry out relevant duties. "Qualified Third
3Party" does not include any person or entity that has
4received, or is receiving, funding from any source to
5research, engage or assist in the capture, transport, or
6sequestration of carbon dioxide.
7    "Sequester" has the meaning given to that term in Section
81-10 of the Illinois Power Agency Act.
9    "Sequestration" means to sequester or be sequestered.
10    "Sequestration facility" means the carbon dioxide
11sequestration reservoir, underground equipment, including, but
12not limited to, well penetrations, and surface facilities and
13equipment used or proposed to be used in a geologic storage
14operation. "Sequestration facility" includes an injection well
15and equipment used to connect the surface facility and
16equipment to the carbon dioxide sequestration reservoir and
17underground equipment. "Sequestration facility" does not
18include pipelines used to transport carbon dioxide to a
19sequestration facility.
20    "Sequestration operator" means a person who holds, is
21applying for, or is required to obtain a carbon sequestration
22permit under Section 22.64 of the Environmental Protection
23Act.
24    "Sequestration pore space" means a pore space proposed,
25authorized, or used for sequestering one or more carbon
26dioxide streams in accordance with a permit or permit

 

 

HB5814- 5 -LRB103 39997 BDA 71298 b

1application under Section 22.64 of the Environmental
2Protection Act.
3    "Surface owner" means a person identified in the records
4of the recorder of deeds for each county containing some
5portion of a proposed carbon dioxide sequestration reservoir
6as an owner of a whole or undivided fee simple interest or
7other freehold interest in real property in the surface above
8the sequestration pore space. "Surface owner" does not include
9an owner of a right-of-way, easement, leasehold, or any other
10lesser estate.
11    "Transportation" or "transport" means the physical
12movement of carbon dioxide by pipeline conducted for any
13person'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
16surface owner of the surface estate.
17    (b) A conveyance of title to a surface estate conveys
18title to the pore space in all strata underlying the surface
19estate.
20    (c) Title to pore space may not be severed from title to
21the surface estate. A grant of easement for use of pore space
22is not a severance prohibited under this subsection.
23    (d) A grant of easement for use of pore space shall not
24confer any right to enter upon or otherwise use the surface of
25the land unless the grant of easement expressly provides that

 

 

HB5814- 6 -LRB103 39997 BDA 71298 b

1right.
2    (e) Any grant of easement for use of pore space shall be
3recorded in the same manner as easements of real estate.
4    If the holder of an easement or lease of pore space
5withdraws or is denied a permit for sequestration of carbon
6dioxide under Section 22.64 of the Environmental Protection
7Act, including, but not limited to, the disapproval of
8financial assurance under subsection (e) of Section 22.64 of
9the Environmental Protection Act, the owner of the surface
10estate shall have the right to have the title or interest
11returned for any amounts paid to the holder of the easement or
12lease.
 
13    Section 20. No compulsory amalgamation. Notwithstanding
14any other provision of law, a sequestration operator may not
15exercise any authority to take or acquire any easement or
16title to any pore space or any portion of an area of review
17under the Eminent Domain Act for amalgamation. A sequestration
18operator must obtain, for the entirety of the area of review
19the person seeks to use for carbon sequestration, one of the
20following:
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

 

 

HB5814- 7 -LRB103 39997 BDA 71298 b

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
6damage caused by carbon dioxide or other fluids, including,
7but not limited to, brine, that are within the sequestration
8operator's sequestration facility for injection or
9sequestration or that are otherwise under the sequestration
10operator's control, including, but not limited to, damage
11caused by carbon dioxide or other fluids released from the
12sequestration facility, regardless of who holds title to the
13carbon dioxide, the pore space, or the surface estate.
14Liability for damage caused by carbon dioxide that is within a
15sequestration facility or otherwise within a sequestration
16operator's control, including carbon dioxide being transferred
17from a pipeline to the injection well, may be joint and several
18with a third party adjudicated to have caused or contributed
19to such damage. The State shall not be liable for any damage
20caused by carbon dioxide or other fluids within a
21sequestration facility. A pipeline operator is liable for any
22and all damage caused by carbon dioxide during transportation,
23including, but not limited to, damage caused by carbon dioxide
24released from the pipeline. Liability for damage caused by
25carbon dioxide during transportation may be joint and several

 

 

HB5814- 8 -LRB103 39997 BDA 71298 b

1with: (i) the entity that owns title to the carbon dioxide if
2that entity is different from the operator; or (ii) the
3sequestration operator if damage occurs at the point where
4carbon dioxide changes control.
5    (b) A sequestration operator is liable for any and all
6damage or harm that may result from equipment associated with
7carbon sequestration, including, but not limited to, operation
8of the equipment. Liability for harms or damage resulting from
9equipment associated with carbon sequestration, including
10equipment used to transfer carbon dioxide from the pipeline to
11the injection well, may be joint and several with a third party
12adjudicated to have willfully or recklessly caused or
13contributed to such harms or damage.
14    (c) Title to carbon dioxide sequestered in this State
15shall not be vested in the owner of the sequestration pore
16space. Sequestered carbon dioxide is a separate property
17independent of the sequestration pore space.
 
18    Section 30. Carbon transportation and sequestration
19emergency response fee. In addition to any permit fees
20required under the Environmental Protection Act, all
21sequestration operators and pipeline operators who transport
22or sequester carbon dioxide in this State must pay a fee each
23year to the Illinois Emergency Management Agency and Office of
24Homeland Security. The fee shall be deposited into the Carbon
25Transportation and Sequestration Readiness Fund. The fee

 

 

HB5814- 9 -LRB103 39997 BDA 71298 b

1amount shall be determined by the Illinois Emergency
2Management Agency and Office of Homeland Security through
3rulemaking as a set amount (i) per mile of approved pipeline
4for each carbon dioxide pipeline and, for each approved carbon
5sequestration project, (ii) per square mile of area of review
6and (iii) per ton of carbon dioxide sequestered, and shall be
7based, among other information the Illinois Emergency
8Management Agency and Office of Homeland Security deems
9relevant, on the Carbon Dioxide Pipeline Setback Study
10required by Section 45. The fee shall be adjusted annually for
11inflation and other relevant factors and shall be in an amount
12determined by the Illinois Emergency Management Agency and
13Office of Homeland Security as being more than adequate to
14fund emergency preparedness and response costs for units of
15local government through which a carbon dioxide pipeline
16passes or in which carbon sequestration takes place.
 
17    Section 35. Carbon Transportation and Sequestration
18Readiness Fund.
19    (a) The Carbon Transportation and Sequestration Readiness
20Fund is established as a special fund in the State treasury.
21    (b) The Fund shall consist of all moneys from fees
22collected under Section 30, all interest earned on moneys in
23the Fund, and any additional moneys allocated or appropriated
24to the Fund by the General Assembly.
25    (c) Moneys in the Fund shall be used only to:

 

 

HB5814- 10 -LRB103 39997 BDA 71298 b

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

 

 

HB5814- 11 -LRB103 39997 BDA 71298 b

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
14in a report published by the Illinois Emergency Management
15Agency and Office of Homeland Security on its website, which
16shall contain recommendations for safety measures to protect
17communities from carbon dioxide releases, such as hazard
18zones, setbacks, additional monitoring, or other measures.
19    (d) The Fund shall be administered by the Illinois
20Emergency Management Agency and Office of Homeland Security.
21The Illinois Emergency Management Agency and Office of
22Homeland Security shall issue annual requests for proposals to
23receive Fund moneys and shall award grants to qualified
24applicants who meet the criteria under subsection (c) and any
25other criteria the Illinois Emergency Management Agency and
26Office of Homeland Security deems necessary for the Fund to

 

 

HB5814- 12 -LRB103 39997 BDA 71298 b

1serve its intended purpose. The Illinois Emergency Management
2Agency and Office of Homeland Security shall not limit the
3number of proposals an applicant may submit under this
4subsection.
5    (e) The Fund is not subject to subsection (c) of Section 5
6of the State Finance Act.
 
7    Section 40. Training for carbon dioxide emergencies.
8    (a) Within one year after the effective date of this Act,
9the Illinois Emergency Management Agency and Office of
10Homeland Security and the Department shall jointly prepare
11training materials for local emergency responders and medical
12personnel regarding what to do if carbon dioxide is released
13from a pipeline or a sequestration facility, including, but
14not 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
25Management Agency and Office of Homeland Security shall offer

 

 

HB5814- 13 -LRB103 39997 BDA 71298 b

1at least 3 training sessions on emergency response protocols
2during carbon dioxide releases for emergency responders and
3medical personnel in any county in which carbon dioxide is
4proposed to be, or is, transported or sequestered. Unless a
5health emergency necessitates virtual training only, the
6training sessions shall be in-person with the option to join
7remotely and shall be recorded. The recordings shall be
8maintained on the Illinois Emergency Management Agency and
9Office of Homeland Security's and Department's publicly
10available websites.
11    (c) Within one year after the effective date of this Act,
12the Illinois Emergency Management Agency and Office of
13Homeland Security and the Department shall jointly prepare
14training materials for residents, businesses, and other
15persons and entities located within 2 miles of a carbon
16dioxide pipeline or above the area of review regarding a
17carbon dioxide release. The training materials shall include,
18but 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

 

 

HB5814- 14 -LRB103 39997 BDA 71298 b

1    respirators.
2    (d) Each year, the Illinois Emergency Management Agency
3and Office of Homeland Security and the Department, in
4cooperation with local emergency response personnel, shall
5offer at least 2 public training sessions for residents and
6local businesses in every county in which carbon dioxide is
7proposed to be, or is, transported or sequestered. Unless a
8health emergency necessitates virtual training only, the
9training sessions shall be in-person with the option to join
10remotely and shall be recorded. The recordings shall be
11maintained on the Illinois Emergency Management Agency and
12Office of Homeland Security's and Department's publicly
13available websites.
14    (e) Every 5 years, the Illinois Emergency Management
15Agency and Office of Homeland Security and the Department
16shall review and, if appropriate, revise the training
17materials developed under this Section to incorporate new best
18practices, technologies, developments, or information that (i)
19improves emergency response and treatment for carbon dioxide
20releases and (ii) may assist local residents and businesses to
21be 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

 

 

HB5814- 15 -LRB103 39997 BDA 71298 b

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
11the 103rd General Assembly, the State shall commission a study
12evaluating how far carbon dioxide pipelines must be separated
13from residences, hospitals, schools, nursing homes, places of
14worship, jails, prisons, businesses, industry, other locations
15where people congregate, and livestock, in order to ensure
16that (i) a release of carbon dioxide will not intoxicate,
17asphyxiate, or otherwise harm humans, livestock, or other
18animals; and (ii) adequate time will be available for the safe
19and successful evacuation or rescue of people and animals in
20the 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;

 

 

HB5814- 16 -LRB103 39997 BDA 71298 b

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

 

 

HB5814- 17 -LRB103 39997 BDA 71298 b

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
26Department or Qualified Third Party shall issue a final report

 

 

HB5814- 18 -LRB103 39997 BDA 71298 b

1containing 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;

 

 

HB5814- 19 -LRB103 39997 BDA 71298 b

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

 

 

HB5814- 20 -LRB103 39997 BDA 71298 b

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
6the study and preparing the report required by this Section
7and each permittee authorized to capture, transport, or
8sequester carbon dioxide in the State shall be required to pay
9a supplemental fee, determined by the Department, to cover
10those costs.
 
11    Section 50. Carbon Dioxide Capture, Transport, and
12Sequestration Report.
13    (a) Every 5 years, the Agency shall draft and present to
14the General Assembly a report on carbon dioxide capture,
15transport and sequestration in the State. The report shall
16include, 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

 

 

HB5814- 21 -LRB103 39997 BDA 71298 b

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
15reports required by this Section and each permittee authorized
16to capture, transport, or sequester carbon dioxide in the
17State shall be required to pay an annual fee, determined by the
18Agency, to cover those costs.
 
19    Section 55. The State Finance Act is amended by adding
20Section 5.1015 as follows:
 
21    (30 ILCS 105/5.1015 new)
22    Sec. 5.1015. The Carbon Transport and Sequestration
23Readiness Fund.
 

 

 

HB5814- 22 -LRB103 39997 BDA 71298 b

1    Section 60. The Illinois Power Agency Act is amended by
2changing 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
7which the Illinois Finance Authority agrees to loan the
8proceeds of revenue bonds issued with respect to a project to
9the Agency upon terms providing for loan repayment
10installments at least sufficient to pay when due all principal
11of, interest and premium, if any, on those revenue bonds, and
12providing for maintenance, insurance, and other matters in
13respect of the project.
14    "Authority" means the Illinois Finance Authority.
15    "Brownfield site photovoltaic project" means photovoltaics
16that 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

 

 

HB5814- 23 -LRB103 39997 BDA 71298 b

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

 

 

HB5814- 24 -LRB103 39997 BDA 71298 b

1facility that uses primarily coal as a feedstock and that
2captures and sequesters carbon dioxide emissions at the
3following levels: at least 50% of the total carbon dioxide
4emissions that the facility would otherwise emit if, at the
5time construction commences, the facility is scheduled to
6commence operation before 2016, at least 70% of the total
7carbon dioxide emissions that the facility would otherwise
8emit if, at the time construction commences, the facility is
9scheduled to commence operation during 2016 or 2017, and at
10least 90% of the total carbon dioxide emissions that the
11facility would otherwise emit if, at the time construction
12commences, the facility is scheduled to commence operation
13after 2017. The power block of the clean coal facility shall
14not exceed allowable emission rates for sulfur dioxide,
15nitrogen oxides, carbon monoxide, particulates and mercury for
16a natural gas-fired combined-cycle facility the same size as
17and in the same location as the clean coal facility at the time
18the clean coal facility obtains an approved air permit. All
19coal used by a clean coal facility shall have high volatile
20bituminous rank and greater than 1.7 pounds of sulfur per
21million Btu content, unless the clean coal facility does not
22use gasification technology and was operating as a
23conventional coal-fired electric generating facility on June
241, 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

 

 

HB5814- 25 -LRB103 39997 BDA 71298 b

1brownfield site in a municipality with at least 1,000,000
2residents; (2) uses a gasification process to produce
3substitute natural gas; (3) uses coal as at least 50% of the
4total feedstock over the term of any sourcing agreement with a
5utility and the remainder of the feedstock may be either
6petroleum coke or coal, with all such coal having a high
7bituminous rank and greater than 1.7 pounds of sulfur per
8million Btu content unless the facility reasonably determines
9that it is necessary to use additional petroleum coke to
10deliver additional consumer savings, in which case the
11facility shall use coal for at least 35% of the total feedstock
12over the term of any sourcing agreement; and (4) captures and
13sequesters at least 85% of the total carbon dioxide emissions
14that the facility would otherwise emit.
15    "Clean coal SNG facility" means a facility that uses a
16gasification process to produce substitute natural gas, that
17sequesters at least 90% of the total carbon dioxide emissions
18that the facility would otherwise emit, that uses at least 90%
19coal as a feedstock, with all such coal having a high
20bituminous rank and greater than 1.7 pounds of sulfur per
21million Btu content, and that has a valid and effective permit
22to construct emission sources and air pollution control
23equipment and approval with respect to the federal regulations
24for Prevention of Significant Deterioration of Air Quality
25(PSD) for the plant pursuant to the federal Clean Air Act;
26provided, however, a clean coal SNG brownfield facility shall

 

 

HB5814- 26 -LRB103 39997 BDA 71298 b

1not be a clean coal SNG facility.
2    "Clean energy" means energy generation that is 90% or
3greater free of carbon dioxide emissions.
4    "Commission" means the Illinois Commerce Commission.
5    "Community renewable generation project" means an electric
6generating 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
23construction 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,

 

 

HB5814- 27 -LRB103 39997 BDA 71298 b

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
23Section 16-102 of the Public Utilities Act.
24    "Delivery year" means the consecutive 12-month period
25beginning June 1 of a given year and ending May 31 of the
26following year.

 

 

HB5814- 28 -LRB103 39997 BDA 71298 b

1    "Department" means the Department of Commerce and Economic
2Opportunity.
3    "Director" means the Director of the Illinois Power
4Agency.
5    "Demand-response" means measures that decrease peak
6electricity demand or shift demand from peak to off-peak
7periods.
8    "Distributed renewable energy generation device" means a
9device 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

 

 

HB5814- 29 -LRB103 39997 BDA 71298 b

1of electricity or natural gas consumed in order to achieve a
2given end use. "Energy efficiency" includes voltage
3optimization measures that optimize the voltage at points on
4the electric distribution voltage system and thereby reduce
5electricity consumption by electric customers' end use
6devices. "Energy efficiency" also includes measures that
7reduce the total Btus of electricity, natural gas, and other
8fuels needed to meet the end use or uses.
9    "Electric utility" has the same definition as found in
10Section 16-102 of the Public Utilities Act.
11    "Equity investment eligible community" or "eligible
12community" are synonymous and mean the geographic areas
13throughout Illinois which would most benefit from equitable
14investments by the State designed to combat discrimination.
15Specifically, the eligible communities shall be defined as the
16following 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.

 

 

HB5814- 30 -LRB103 39997 BDA 71298 b

1    "Equity eligible persons" or "eligible persons" means
2persons who would most benefit from equitable investments by
3the 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
19majority-owned by eligible persons, or a nonprofit or
20cooperative that is majority-governed by eligible persons, or
21is a natural person that is an eligible person offering
22personal services as an independent contractor.
23    "Facility" means an electric generating unit or a
24co-generating unit that produces electricity along with
25related equipment necessary to connect the facility to an
26electric transmission or distribution system.

 

 

HB5814- 31 -LRB103 39997 BDA 71298 b

1    "General contractor" means the entity or organization with
2main responsibility for the building of a construction project
3and who is the party signing the prime construction contract
4for the project.
5    "Governmental aggregator" means one or more units of local
6government that individually or collectively procure
7electricity to serve residential retail electrical loads
8located within its or their jurisdiction.
9    "High voltage direct current converter station" means the
10collection of equipment that converts direct current energy
11from a high voltage direct current transmission line into
12alternating current using Voltage Source Conversion technology
13and that is interconnected with transmission or distribution
14assets located in Illinois.
15    "High voltage direct current renewable energy credit"
16means a renewable energy credit associated with a renewable
17energy resource where the renewable energy resource has
18entered into a contract to transmit the energy associated with
19such renewable energy credit over high voltage direct current
20transmission facilities.
21    "High voltage direct current transmission facilities"
22means the collection of installed equipment that converts
23alternating current energy in one location to direct current
24and transmits that direct current energy to a high voltage
25direct current converter station using Voltage Source
26Conversion technology. "High voltage direct current

 

 

HB5814- 32 -LRB103 39997 BDA 71298 b

1transmission facilities" includes the high voltage direct
2current converter station itself and associated high voltage
3direct current transmission lines. Notwithstanding the
4preceding, after September 15, 2021 (the effective date of
5Public Act 102-662), an otherwise qualifying collection of
6equipment does not qualify as high voltage direct current
7transmission facilities unless its developer entered into a
8project labor agreement, is capable of transmitting
9electricity at 525kv with an Illinois converter station
10located and interconnected in the region of the PJM
11Interconnection, LLC, and the system does not operate as a
12public utility, as that term is defined in Section 3-105 of the
13Public Utilities Act.
14    "Hydropower" means any method of electricity generation or
15storage that results from the flow of water, including
16impoundment facilities, diversion facilities, and pumped
17storage facilities.
18    "Index price" means the real-time energy settlement price
19at the applicable Illinois trading hub, such as PJM-NIHUB or
20MISO-IL, for a given settlement period.
21    "Indexed renewable energy credit" means a tradable credit
22that represents the environmental attributes of one megawatt
23hour of energy produced from a renewable energy resource, the
24price of which shall be calculated by subtracting the strike
25price offered by a new utility-scale wind project or a new
26utility-scale photovoltaic project from the index price in a

 

 

HB5814- 33 -LRB103 39997 BDA 71298 b

1given settlement period.
2    "Indexed renewable energy credit counterparty" has the
3same meaning as "public utility" as defined in Section 3-105
4of the Public Utilities Act.
5    "Local government" means a unit of local government as
6defined in Section 1 of Article VII of the Illinois
7Constitution.
8    "Modernized" or "retooled" means the construction, repair,
9maintenance, or significant expansion of turbines and existing
10hydropower dams.
11    "Municipality" means a city, village, or incorporated
12town.
13    "Municipal utility" means a public utility owned and
14operated by any subdivision or municipal corporation of this
15State.
16    "Nameplate capacity" means the aggregate inverter
17nameplate capacity in kilowatts AC.
18    "Person" means any natural person, firm, partnership,
19corporation, either domestic or foreign, company, association,
20limited liability company, joint stock company, or association
21and includes any trustee, receiver, assignee, or personal
22representative thereof.
23    "Project" means the planning, bidding, and construction of
24a facility.
25    "Project labor agreement" means a pre-hire collective
26bargaining agreement that covers all terms and conditions of

 

 

HB5814- 34 -LRB103 39997 BDA 71298 b

1employment on a specific construction project and must include
2the 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
20the project shall have the authority to include other terms
21and conditions as they deem necessary.
22    "Public utility" has the same definition as found in
23Section 3-105 of the Public Utilities Act.
24    "Qualified combined heat and power systems" means systems
25that, either simultaneously or sequentially, produce
26electricity and useful thermal energy from a single fuel

 

 

HB5814- 35 -LRB103 39997 BDA 71298 b

1source. Such systems are eligible for "renewable energy
2credits" in an amount equal to its total energy output where a
3renewable fuel is consumed or in an amount equal to the net
4reduction in nonrenewable fuel consumed on a total energy
5output basis.
6    "Real property" means any interest in land together with
7all structures, fixtures, and improvements thereon, including
8lands under water and riparian rights, any easements,
9covenants, licenses, leases, rights-of-way, uses, and other
10interests, together with any liens, judgments, mortgages, or
11other claims or security interests related to real property.
12    "Renewable energy credit" means a tradable credit that
13represents the environmental attributes of one megawatt hour
14of energy produced from a renewable energy resource.
15    "Renewable energy resources" includes energy and its
16associated renewable energy credit or renewable energy credits
17from wind, solar thermal energy, photovoltaic cells and
18panels, biodiesel, anaerobic digestion, crops and untreated
19and unadulterated organic waste biomass, and hydropower that
20does not involve new construction of dams, waste heat to power
21systems, or qualified combined heat and power systems. For
22purposes of this Act, landfill gas produced in the State is
23considered a renewable energy resource. "Renewable energy
24resources" does not include the incineration or burning of
25tires, garbage, general household, institutional, and
26commercial waste, industrial lunchroom or office waste,

 

 

HB5814- 36 -LRB103 39997 BDA 71298 b

1landscape waste, railroad crossties, utility poles, or
2construction or demolition debris, other than untreated and
3unadulterated waste wood. "Renewable energy resources" also
4includes high voltage direct current renewable energy credits
5and the associated energy converted to alternating current by
6a high voltage direct current converter station to the extent
7that: (1) the generator of such renewable energy resource
8contracted with a third party to transmit the energy over the
9high voltage direct current transmission facilities, and (2)
10the third-party contracting for delivery of renewable energy
11resources over the high voltage direct current transmission
12facilities have ownership rights over the unretired associated
13high voltage direct current renewable energy credit.
14    "Retail customer" has the same definition as found in
15Section 16-102 of the Public Utilities Act.
16    "Revenue bond" means any bond, note, or other evidence of
17indebtedness issued by the Authority, the principal and
18interest of which is payable solely from revenues or income
19derived from any project or activity of the Agency.
20    "Sequester" means permanent storage of carbon dioxide by
21injecting it into a saline aquifer, a depleted gas reservoir,
22or other pore space or an oil reservoir, directly or through an
23enhanced oil recovery process that may involve intermediate
24storage, regardless of whether these activities are conducted
25by a clean coal facility, a clean coal SNG facility, a clean
26coal SNG brownfield facility, or a party with which a clean

 

 

HB5814- 37 -LRB103 39997 BDA 71298 b

1coal facility, clean coal SNG facility, or clean coal SNG
2brownfield facility has contracted for such purposes.
3    "Service area" has the same definition as found in Section
416-102 of the Public Utilities Act.
5    "Settlement period" means the period of time utilized by
6MISO and PJM and their successor organizations as the basis
7for settlement calculations in the real-time energy market.
8    "Sourcing agreement" means (i) in the case of an electric
9utility, an agreement between the owner of a clean coal
10facility and such electric utility, which agreement shall have
11terms and conditions meeting the requirements of paragraph (3)
12of subsection (d) of Section 1-75, (ii) in the case of an
13alternative retail electric supplier, an agreement between the
14owner of a clean coal facility and such alternative retail
15electric supplier, which agreement shall have terms and
16conditions meeting the requirements of Section 16-115(d)(5) of
17the Public Utilities Act, and (iii) in case of a gas utility,
18an agreement between the owner of a clean coal SNG brownfield
19facility and the gas utility, which agreement shall have the
20terms 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
23renewable energy credits from a new utility-scale wind project
24or a new utility-scale photovoltaic project.
25    "Subscriber" means a person who (i) takes delivery service
26from an electric utility, and (ii) has a subscription of no

 

 

HB5814- 38 -LRB103 39997 BDA 71298 b

1less than 200 watts to a community renewable generation
2project that is located in the electric utility's service
3area. No subscriber's subscriptions may total more than 40% of
4the nameplate capacity of an individual community renewable
5generation project. Entities that are affiliated by virtue of
6a common parent shall not represent multiple subscriptions
7that total more than 40% of the nameplate capacity of an
8individual community renewable generation project.
9    "Subscription" means an interest in a community renewable
10generation project expressed in kilowatts, which is sized
11primarily to offset part or all of the subscriber's
12electricity usage.
13    "Substitute natural gas" or "SNG" means a gas manufactured
14by gasification of hydrocarbon feedstock, which is
15substantially interchangeable in use and distribution with
16conventional natural gas.
17    "Total resource cost test" or "TRC test" means a standard
18that is met if, for an investment in energy efficiency or
19demand-response measures, the benefit-cost ratio is greater
20than one. The benefit-cost ratio is the ratio of the net
21present value of the total benefits of the program to the net
22present value of the total costs as calculated over the
23lifetime of the measures. A total resource cost test compares
24the sum of avoided electric utility costs, representing the
25benefits that accrue to the system and the participant in the
26delivery of those efficiency measures and including avoided

 

 

HB5814- 39 -LRB103 39997 BDA 71298 b

1costs associated with reduced use of natural gas or other
2fuels, avoided costs associated with reduced water
3consumption, and avoided costs associated with reduced
4operation and maintenance costs, as well as other quantifiable
5societal benefits, to the sum of all incremental costs of
6end-use measures that are implemented due to the program
7(including both utility and participant contributions), plus
8costs to administer, deliver, and evaluate each demand-side
9program, to quantify the net savings obtained by substituting
10the demand-side program for supply resources. In calculating
11avoided costs of power and energy that an electric utility
12would otherwise have had to acquire, reasonable estimates
13shall be included of financial costs likely to be imposed by
14future regulations and legislation on emissions of greenhouse
15gases. In discounting future societal costs and benefits for
16the purpose of calculating net present values, a societal
17discount rate based on actual, long-term Treasury bond yields
18should be used. Notwithstanding anything to the contrary, the
19TRC test shall not include or take into account a calculation
20of market price suppression effects or demand reduction
21induced price effects.
22    "Utility-scale solar project" means an electric generating
23facility that:
24        (1) generates electricity using photovoltaic cells;
25    and
26        (2) has a nameplate capacity that is greater than

 

 

HB5814- 40 -LRB103 39997 BDA 71298 b

1    5,000 kilowatts.
2    "Utility-scale wind project" means an electric generating
3facility 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
8and generate electricity from energy that would otherwise be
9lost to the atmosphere without the use of additional fuel.
10    "Zero emission credit" means a tradable credit that
11represents the environmental attributes of one megawatt hour
12of energy produced from a zero emission facility.
13    "Zero emission facility" means a facility that: (1) is
14fueled by nuclear power; and (2) is interconnected with PJM
15Interconnection, LLC or the Midcontinent Independent System
16Operator, Inc., or their successors.
17(Source: P.A. 102-662, eff. 9-15-21; 103-154, eff. 6-28-23;
18103-380, eff. 1-1-24.)
 
19    (20 ILCS 3855/1-80)
20    Sec. 1-80. Resource Development Bureau. Upon its
21establishment by the Agency, the Resource Development Bureau
22has 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:

 

 

HB5814- 41 -LRB103 39997 BDA 71298 b

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

 

 

HB5814- 42 -LRB103 39997 BDA 71298 b

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.

 

 

HB5814- 43 -LRB103 39997 BDA 71298 b

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
11electricity directly or indirectly from facilities developed
12or sponsored by the Agency.
13    (f) The Agency may sell excess capacity and excess energy
14into the wholesale electric market at prevailing market rates;
15provided, however, the Agency may not sell excess capacity or
16excess energy through the procurement process described in
17Section 16-111.5 of the Public Utilities Act.
18    (g) The Agency shall not directly sell electric power and
19energy to retail customers. Nothing in this paragraph shall be
20construed to prohibit sales to municipal electric systems,
21governmental aggregators, or rural electric cooperatives.
22(Source: P.A. 99-536, eff. 7-8-16.)
 
23    Section 65. The Carbon Dioxide Transportation and
24Sequestration Act is amended by changing Sections 10, 15, and
2520 as follows:
 

 

 

HB5814- 44 -LRB103 39997 BDA 71298 b

1    (220 ILCS 75/10)
2    Sec. 10. Definitions. As used in this Act:
3    "Carbon dioxide pipeline" or "pipeline" has the meaning
4given to those terms in Section 10 of the Carbon Dioxide
5Transport and Storage Protections Act means the in-state
6portion of a pipeline, including appurtenant facilities,
7property rights, and easements, that are used exclusively for
8the purpose of transporting carbon dioxide to a point of sale,
9storage, enhanced oil recovery, or other carbon management
10application.
11    "Clean coal facility" has the meaning ascribed to that
12term in Section 1-10 of the Illinois Power Agency Act.
13    "Clean coal SNG facility" has the meaning ascribed to that
14term 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
17Section 1-10 of the Illinois Power Agency Act.
18    "Transportation" or "transport" has the meaning given to
19those terms in Section 10 of the Carbon Dioxide Transport and
20Storage Protections Act means the physical movement of carbon
21dioxide by pipeline conducted for a person's own use or
22account 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)

 

 

HB5814- 45 -LRB103 39997 BDA 71298 b

1    Sec. 15. Scope. This Act applies to the application
2process for the issuance of a certificate of authority by an
3owner or operator of a pipeline designed, constructed, and
4operated to transport and to sequester carbon dioxide produced
5by a clean coal facility, by a clean coal SNG facility, or by
6any other source that will result in the reduction of carbon
7dioxide 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
12a carbon dioxide pipeline unless the person or entity
13possesses a certificate of authority.
14    (a-5) Before filing an application for a certificate of
15authority with the Commission, a person or entity seeking the
16certificate 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

 

 

HB5814- 46 -LRB103 39997 BDA 71298 b

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

 

 

HB5814- 47 -LRB103 39997 BDA 71298 b

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
12application for a certificate of authority to construct and
13operate a carbon dioxide pipeline unless and until the
14applicant 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

 

 

HB5814- 48 -LRB103 39997 BDA 71298 b

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

 

 

HB5814- 49 -LRB103 39997 BDA 71298 b

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

 

 

HB5814- 50 -LRB103 39997 BDA 71298 b

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
17with the Commission's rules, in the docket of an application
18for a certificate of authority for a carbon dioxide pipeline,
19shall be afforded the opportunity to call witnesses to testify
20during the public hearing referenced in subsection (c).
21    (c) (b) The Commission, after a hearing, may grant an
22application for a certificate of authority authorizing the
23construction and operation of a carbon dioxide pipeline if it
24makes 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

 

 

HB5814- 51 -LRB103 39997 BDA 71298 b

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

 

 

HB5814- 52 -LRB103 39997 BDA 71298 b

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

 

 

HB5814- 53 -LRB103 39997 BDA 71298 b

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
21the evidence presented, and if the order is contrary to any of
22the evidence, the Commission shall state the reasons for its
23determination with regard to that evidence.
24    (c) (Blank). When an applicant files its application for a
25certificate of authority with the Commission, it shall provide
26notice to each local government where the proposed pipeline

 

 

HB5814- 54 -LRB103 39997 BDA 71298 b

1will be located and include a map of the proposed pipeline
2route. The applicant shall also publish notice in a newspaper
3of general circulation in each county where the proposed
4pipeline is located.
5    (d) An application for a certificate of authority filed
6pursuant to this Section shall request either that the
7Commission review and approve the route approved by the
8Illinois Environmental Protection Agency pursuant to Section
99.21 of the Environmental Protection Act a specific route for
10a carbon dioxide pipeline, or that the Commission review and
11approve a project route width that authorizes construction of
12the pipeline within a pipeline right-of-way that extends 100
13feet in either direction from the route approved by the
14Illinois Environmental Protection Agency identifies the areas
15in which the pipeline would be located, with such width
16ranging from the minimum width required for a pipeline
17right-of-way up to 200 feet in width. A map of the route or
18route width shall be included in the application. The purpose
19for allowing the option of review and approval of a project
20route width is to provide increased flexibility during the
21construction process to accommodate specific landowner
22requests, avoid environmentally sensitive areas, or address
23special environmental permitting requirements.
24    (e) The Commission's rules shall ensure that notice of an
25application for a certificate of authority is provided within
2630 days after filing to the landowners along a proposed

 

 

HB5814- 55 -LRB103 39997 BDA 71298 b

1project route, or to the potentially affected landowners
2within a proposed project route width, using the notification
3procedures set forth in the Commission's rules. If the
4Commission grants approval of a project route width as opposed
5to a specific project route, then the applicant must, at least
614 days in advance of beginning construction on any tract
7within the project route width as it finalizes the actual
8pipeline alignment within the project route width, file with
9the Commission a final revised carbon dioxide pipeline routing
10permit issued by the Illinois Environmental Protection Agency
11under Section 9.21 of the Environmental Protection Act,
12approving the final route, together with its final list of
13affected landowners with real property within 2 miles of the
14pipeline route the Commission at least 14 days in advance of
15beginning construction on any tract within the project route
16width and also provide the Commission with at least 14 days'
17notice before filing a complaint for eminent domain in the
18circuit court with regard to any tract within the project
19route width.
20    (f) Either during or within 10 days after the evidentiary
21hearing held on the application for the Certificate of
22Authority, the Commission shall host a public hearing to
23receive oral public comments about the application. The
24hearing shall be scheduled at a time and place that
25facilitates public participation, and shall begin with a brief
26presentation by the Commission of the proposed permit and the

 

 

HB5814- 56 -LRB103 39997 BDA 71298 b

1standards for granting a certificate of authority. Time limits
2for each public comment shall not be less than 10 minutes and
3the total time for public comment shall not be less than 5
4hours, provided, however, that all attendees who arrived
5during that 5-hour period who wish to offer comment shall be
6afforded the opportunity to do so. The Commission shall set a
7deadline of no earlier than 30 days following the public
8hearing required by this subsection to receive written public
9comments.
10    (g) (f) The Commission shall make its determination on any
11application for a certificate of authority filed pursuant to
12this Section and issue its final order within 11 months after
13the date that the application is filed. The Commission's
14failure to act within this time period shall not be deemed an
15approval or denial of the application.
16    (h) (g) A final order of the Commission granting a
17certificate of authority pursuant to this Act shall be
18conditioned upon the applicant obtaining all required permits
19or approvals from the Pipeline and Hazardous Materials Safety
20Administration of the U.S. Department of Transportation, U.S.
21Army Corps of Engineers, and Illinois Department of
22Agriculture, and Illinois Environmental Protection Agency, in
23addition to all other permits and approvals necessary for the
24construction and operation of the pipeline prior to the start
25of any construction. The final order must specifically
26prohibit the start of any construction until all such permits

 

 

HB5814- 57 -LRB103 39997 BDA 71298 b

1and approvals have been obtained.
2    (i) Once the Commission has entered an order approving
3either a specific route or route width under this Section, the
4holder of the certificate of authority may not deviate from
5the route approved by the Commission and the Environmental
6Protection 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

 

 

HB5814- 58 -LRB103 39997 BDA 71298 b

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
20operate a carbon dioxide pipeline issued by the Commission
21shall contain and include all of the following: (1) a grant of
22authority to construct and operate a carbon dioxide pipeline
23as requested in the application, subject to the laws of this
24State. ; and
25        (2) a limited grant of authority to take and acquire
26    an easement in any property or interest in property for

 

 

HB5814- 59 -LRB103 39997 BDA 71298 b

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
16application for a Certificate of Authority and refiles an
17application proposing the same or substantially similar route,
18the applicant shall compensate any persons or entities that
19intervened in the withdrawn proceeding for costs of
20intervention and filing of any materials that are the same as,
21or substantially similar to, those already filed by the person
22or entity in the docket for the withdrawn application.
23    (l) If an applicant withdraws or is denied a permit for a
24Certificate of Authority, anyone who has granted an easement
25to the applicant for the construction, maintenance, or
26operation of the proposed carbon dioxide pipeline shall have

 

 

HB5814- 60 -LRB103 39997 BDA 71298 b

1the right to have the easement interest conveyed back in
2return 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
6Sequestration Act is amended by repealing Section 5.
 
7    Section 75. The Environmental Protection Act is amended by
8changing Sections 21, 39, and 40 and by adding Sections 3.121,
93.132, 3.133, 3.134, 3.136, 3.281, 3.446, 3.447, 9.20, 9.21,
10and 22.64 as follows:
 
11    (415 ILCS 5/3.121 new)
12    Sec. 3.121. Area of review. "Area of review" for each
13sequestration facility, has the same meaning as the "area of
14review" specified in the Class VI permit issued to that
15sequestration facility under the federal Safe Drinking Water
16Act by either the United States Environmental Protection
17Agency or, if the State obtains primacy, a State agency
18authorized to issue Class VI permits for sequestration of
19carbon dioxide.
 
20    (415 ILCS 5/3.132 new)
21    Sec. 3.132. Carbon dioxide capture project. "Carbon
22dioxide capture project" or "capture project" means a project

 

 

HB5814- 61 -LRB103 39997 BDA 71298 b

1or facility that (1) uses equipment to capture a significant
2quantity of carbon dioxide directly from the ambient air or
3uses a process to separate carbon dioxide from industrial or
4energy-related sources, other than oil or gas production from
5a well, and (2) produces a concentrated fluid of carbon
6dioxide. "Carbon dioxide capture project" includes carbon
7dioxide captured as part of a research and development project
8or a project funded by research and development funds, unless
9the operator demonstrates to the satisfaction of the Agency
10that the project meets criteria for exclusion as a research
11and development project under rules adopted by the Board under
12paragraph (9) of subsection (g) of Section 9.21.
 
13    (415 ILCS 5/3.133 new)
14    Sec. 3.133. Carbon dioxide pipeline. "Carbon dioxide
15pipeline" has the meaning given to that term in Section 10 of
16the 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
20contains concentrated carbon dioxide that is proportionately
21greater than the ambient atmospheric concentration of carbon
22dioxide.
 
23    (415 ILCS 5/3.136 new)

 

 

HB5814- 62 -LRB103 39997 BDA 71298 b

1    Sec. 3.136. Confining zone. "Confining zone" means a
2geologic formation, a group of geologic formations, or part of
3a geologic formation stratigraphically overlying a zone of
4carbon dioxide injection that acts as a barrier to fluid
5movement.
 
6    (415 ILCS 5/3.281 new)
7    Sec. 3.281. Mahomet Aquifer. "Mahomet Aquifer" means the
8aquifer designated as a sole-source aquifer by the United
9States Environmental Protection Agency under the federal Safe
10Drinking Water Act, together with its upstream areas, as
11identified by the United States Environmental Protection
12Agency 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
15given to that term in Section 10 of the Carbon Dioxide
16Transport and Storage Protections Act.
 
17    (415 ILCS 5/3.447 new)
18    Sec. 3.447. Sequestration facility. "Sequestration
19facility" has the meaning given to that term in Section 10 of
20the Carbon Dioxide Transport and Storage Protections Act.
 
21    (415 ILCS 5/9.20 new)
22    Sec. 9.20. Setbacks from carbon dioxide pipelines.

 

 

HB5814- 63 -LRB103 39997 BDA 71298 b

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
9healthful environment, including, but not limited to, clean
10water, air, and land, meaningful public involvement, and to
11ensure only responsible pipeline transport of carbon dioxide
12is conducted in the State to protect public health and to
13prevent pollution of the environment.
14    (a-10) The provisions of this Section shall be liberally
15construed 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

 

 

HB5814- 64 -LRB103 39997 BDA 71298 b

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
26pipeline in the State without first obtaining a carbon dioxide

 

 

HB5814- 65 -LRB103 39997 BDA 71298 b

1pipeline routing permit from the Agency under this Section.
2    (d) Before submitting an application for a carbon dioxide
3pipeline routing permit to the Agency, any person who seeks to
4transport carbon dioxide through a pipeline in this State
5must:
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

 

 

HB5814- 66 -LRB103 39997 BDA 71298 b

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;

 

 

HB5814- 67 -LRB103 39997 BDA 71298 b

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
23dioxide pipeline routing permit requirements and routing
24criteria under this Section. The rules shall be proposed by
25the Agency not later than 30 months after the effective date of
26this Act and adopted by the Board not later than 2 years after

 

 

HB5814- 68 -LRB103 39997 BDA 71298 b

1receipt of the Agency's proposal. The rules must, at a
2minimum:
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

 

 

HB5814- 69 -LRB103 39997 BDA 71298 b

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

 

 

HB5814- 70 -LRB103 39997 BDA 71298 b

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

 

 

HB5814- 71 -LRB103 39997 BDA 71298 b

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

 

 

HB5814- 72 -LRB103 39997 BDA 71298 b

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

 

 

HB5814- 73 -LRB103 39997 BDA 71298 b

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

 

 

HB5814- 74 -LRB103 39997 BDA 71298 b

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

 

 

HB5814- 75 -LRB103 39997 BDA 71298 b

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

 

 

HB5814- 76 -LRB103 39997 BDA 71298 b

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

 

 

HB5814- 77 -LRB103 39997 BDA 71298 b

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;

 

 

HB5814- 78 -LRB103 39997 BDA 71298 b

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
8adopted, the Agency shall calculate the cost it will bear to
9implement the carbon dioxide pipeline routing permit program
10and shall establish a permit fee sufficient to cover those
11costs, which it may update periodically as the costs of
12program implementation change.
13    (g) No adjusted standard, variance, or other regulatory
14relief otherwise available under this Act may be granted for
15the 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

 

 

HB5814- 79 -LRB103 39997 BDA 71298 b

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

 

 

HB5814- 80 -LRB103 39997 BDA 71298 b

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
6healthful environment, including clean water, air, and land,
7meaningful public involvement, and to ensure only the
8responsible capture of carbon dioxide occurs in the State so
9as to protect public health and to prevent pollution of the
10environment.
11    (a-10) The provisions of this Section shall be liberally
12construed to carry out the purpose of this Section as stated in
13subsection (a-5).
14    (b) A person who seeks to construct or operate a carbon
15dioxide capture project in this State must first obtain a
16permit from the Agency in accordance with the rules adopted
17under subsection (g).
18    (c) A person who seeks to capture carbon dioxide from an
19industrial or electric-generation facility in this State must,
20before seeking a permit in accordance with the rules adopted
21under subsection (g), first conduct an environmental impact
22analysis. 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

 

 

HB5814- 81 -LRB103 39997 BDA 71298 b

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

 

 

HB5814- 82 -LRB103 39997 BDA 71298 b

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

 

 

HB5814- 83 -LRB103 39997 BDA 71298 b

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
21issued 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

 

 

HB5814- 84 -LRB103 39997 BDA 71298 b

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
10issued unless the permit applicant demonstrates that there
11will be zero non-carbon dioxide air pollution emissions
12associated with the carbon dioxide capture project; these
13emissions include non-carbon dioxide air pollution emitted
14directly by the operation of the carbon dioxide capture
15equipment, and any increase in non-carbon dioxide air
16pollution emissions at the facility, relative to the baseline,
17following installation of the carbon dioxide capture
18equipment. The applicant may meet this requirement by
19demonstrating 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.

 

 

HB5814- 85 -LRB103 39997 BDA 71298 b

1        The Board shall establish requirements by rule for
2determining baseline emissions from each industrial or
3electric-generation facility for purposes of determining which
4non-carbon dioxide air emissions are associated with the use
5of carbon capture at those facilities. For existing
6facilities, the baseline shall be calculated using the
712-month average of emissions for the 3 12-month periods
8before January 31, 2024. For new facilities, the baseline
9shall be determined using the Best Available Control
10Technology, as defined in Section 169 of the federal Clean Air
11Act, for the relevant air pollutants and facility and assuming
12fuel consumption and hours of operation of the facility
13consistent with that of facilities of similar size.
14    (e-1) If the applicant proposes to use amines to capture
15carbon 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
26issued unless:

 

 

HB5814- 86 -LRB103 39997 BDA 71298 b

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
18requirements under this Section and other standards for carbon
19dioxide capture projects. The rules shall be proposed by the
20Agency not later than one year after the effective date of this
21Act and adopted by the Board not later than 2 years after
22receipt of the Agency's proposal. The rules must, at a
23minimum:
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

 

 

HB5814- 87 -LRB103 39997 BDA 71298 b

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

 

 

HB5814- 88 -LRB103 39997 BDA 71298 b

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;

 

 

HB5814- 89 -LRB103 39997 BDA 71298 b

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

 

 

HB5814- 90 -LRB103 39997 BDA 71298 b

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,

 

 

HB5814- 91 -LRB103 39997 BDA 71298 b

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
16adopted, the Agency shall calculate the cost it will bear to
17implement the carbon capture permit program and shall
18establish a permit fee sufficient to cover those costs, which
19it may update periodically as the costs of program
20implementation change.
21    (i) The permit requirements set forth in this Section are
22in addition to any requirements set forth under any other
23State or federal law, including, but not limited to, the
24federal Clean Air Act, the federal Clean Water Act, the
25federal Resource Conservation and Recovery Act, and the
26federal Safe Drinking Water Act.

 

 

HB5814- 92 -LRB103 39997 BDA 71298 b

1    (j) Every 5 years, the Agency shall conduct a review to
2identify the carbon dioxide capture efficiency rates being
3achieved by different industries and, if higher rates have
4become technologically feasible, propose to the Board
5revisions to the minimum carbon capture efficiency rates set
6out in the rules adopted under this Section.
7    (k) No adjusted standard, variance, or other regulatory
8relief otherwise available under this Act may be granted from
9the 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
14highways or other public property, except in a sanitary
15landfill approved by the Agency pursuant to regulations
16adopted by the Board.
17    (c) Abandon any vehicle in violation of the "Abandoned
18Vehicles Amendment to the Illinois Vehicle Code", as enacted
19by the 76th General Assembly.
20    (d) Conduct any waste-storage, waste-treatment, or
21waste-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

 

 

HB5814- 93 -LRB103 39997 BDA 71298 b

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;

 

 

HB5814- 94 -LRB103 39997 BDA 71298 b

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
21person engaged in agricultural activity who is disposing of a
22substance that constitutes solid waste, if the substance was
23acquired for use by that person on his own property, and the
24substance is disposed of on his own property in accordance
25with regulations or standards adopted by the Board.
26    This subsection (d) shall not apply to hazardous waste.

 

 

HB5814- 95 -LRB103 39997 BDA 71298 b

1    (e) Dispose, treat, store or abandon any waste, or
2transport any waste into this State for disposal, treatment,
3storage or abandonment, except at a site or facility which
4meets the requirements of this Act and of regulations and
5standards thereunder.
6    (f) Conduct any hazardous waste-storage, hazardous
7waste-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
23required under this subsection or subsection (d) of Section 39
24of this Act for any person engaged in agricultural activity
25who is disposing of a substance which has been identified as a
26hazardous waste, and which has been designated by Board

 

 

HB5814- 96 -LRB103 39997 BDA 71298 b

1regulations as being subject to this exception, if the
2substance was acquired for use by that person on his own
3property and the substance is disposed of on his own property
4in accordance with regulations or standards adopted by the
5Board.
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
13waste-reclamation or hazardous waste-reuse operation in
14violation of any regulations, standards or permit requirements
15adopted by the Board under this Act.
16    (i) Conduct any process or engage in any act which
17produces hazardous waste in violation of any regulations or
18standards adopted by the Board under subsections (a) and (c)
19of Section 22.4 of this Act.
20    (j) Conduct any special waste-transportation operation in
21violation of any regulations, standards or permit requirements
22adopted by the Board under this Act. However, sludge from a
23water or sewage treatment plant owned and operated by a unit of
24local government which (1) is subject to a sludge management
25plan approved by the Agency or a permit granted by the Agency,
26and (2) has been tested and determined not to be a hazardous

 

 

HB5814- 97 -LRB103 39997 BDA 71298 b

1waste as required by applicable State and federal laws and
2regulations, may be transported in this State without a
3special waste hauling permit, and the preparation and carrying
4of a manifest shall not be required for such sludge under the
5rules of the Pollution Control Board. The unit of local
6government which operates the treatment plant producing such
7sludge shall file an annual report with the Agency identifying
8the volume of such sludge transported during the reporting
9period, the hauler of the sludge, and the disposal sites to
10which it was transported. This subsection (j) shall not apply
11to 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
14or inactive shaft or tunneled mine or within 2 miles of an
15active fault in the earth's crust. In counties of population
16less than 225,000 no hazardous waste disposal site shall be
17located (1) within 1 1/2 miles of the corporate limits as
18defined on June 30, 1978, of any municipality without the
19approval of the governing body of the municipality in an
20official action; or (2) within 1000 feet of an existing
21private well or the existing source of a public water supply
22measured from the boundary of the actual active permitted site
23and excluding existing private wells on the property of the
24permit applicant. The provisions of this subsection do not
25apply to publicly owned sewage works or the disposal or
26utilization of sludge from publicly owned sewage works.

 

 

HB5814- 98 -LRB103 39997 BDA 71298 b

1    (m) Transfer interest in any land which has been used as a
2hazardous waste disposal site without written notification to
3the Agency of the transfer and to the transferee of the
4conditions 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
7disposal site except in compliance with conditions imposed by
8the Agency under subsection (g) of Section 39.
9    (o) Conduct a sanitary landfill operation which is
10required to have a permit under subsection (d) of this
11Section, in a manner which results in any of the following
12conditions:
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;

 

 

HB5814- 99 -LRB103 39997 BDA 71298 b

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
13enforceable by the Agency either by administrative citation
14under Section 31.1 of this Act or as otherwise provided by this
15Act. The specific prohibitions in this subsection do not limit
16the power of the Board to establish regulations or standards
17applicable to sanitary landfills.
18    (p) In violation of subdivision (a) of this Section, cause
19or allow the open dumping of any waste in a manner which
20results 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

 

 

HB5814- 100 -LRB103 39997 BDA 71298 b

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
8enforceable by the Agency either by administrative citation
9under Section 31.1 of this Act or as otherwise provided by this
10Act. The specific prohibitions in this subsection do not limit
11the power of the Board to establish regulations or standards
12applicable to open dumping.
13    (q) Conduct a landscape waste composting operation without
14an Agency permit, provided, however, that no permit shall be
15required 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

 

 

HB5814- 101 -LRB103 39997 BDA 71298 b

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,

 

 

HB5814- 102 -LRB103 39997 BDA 71298 b

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

 

 

HB5814- 103 -LRB103 39997 BDA 71298 b

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,

 

 

HB5814- 104 -LRB103 39997 BDA 71298 b

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

 

 

HB5814- 105 -LRB103 39997 BDA 71298 b

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

 

 

HB5814- 106 -LRB103 39997 BDA 71298 b

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"
12means the application of not more than 20 tons per acre per
13year, except that the Board may allow a higher rate for
14individual sites where the owner or operator has demonstrated
15to the Board that the site's soil characteristics or crop
16needs require a higher rate.
17    For the purposes of this subsection (q), "incidental sale
18of finished compost" means the sale of finished compost that
19meets general use compost standards and is no more than 20% or
20300 cubic yards, whichever is less, of the total compost
21created annually by a private landowner for the landowner's
22own use.
23    (r) Cause or allow the storage or disposal of coal
24combustion 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

 

 

HB5814- 107 -LRB103 39997 BDA 71298 b

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

 

 

HB5814- 108 -LRB103 39997 BDA 71298 b

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
12disposal of coal combustion waste pursuant to item (2) or (3)
13of this subdivision (r) shall be exempt from the other
14provisions of this Title V, and notwithstanding the provisions
15of Title X of this Act, the Agency is authorized to grant
16experimental permits which include provision for the disposal
17of wastes from the combustion of coal and other materials
18pursuant to items (2) and (3) of this subdivision (r).
19    (s) After April 1, 1989, offer for transportation,
20transport, deliver, receive or accept special waste for which
21a manifest is required, unless the manifest indicates that the
22fee required under Section 22.8 of this Act has been paid.
23    (t) Cause or allow a lateral expansion of a municipal
24solid waste landfill unit on or after October 9, 1993, without
25a permit modification, granted by the Agency, that authorizes
26the lateral expansion.

 

 

HB5814- 109 -LRB103 39997 BDA 71298 b

1    (u) Conduct any vegetable by-product treatment, storage,
2disposal or transportation operation in violation of any
3regulation, standards or permit requirements adopted by the
4Board under this Act. However, no permit shall be required
5under this Title V for the land application of vegetable
6by-products conducted pursuant to Agency permit issued under
7Title III of this Act to the generator of the vegetable
8by-products. In addition, vegetable by-products may be
9transported in this State without a special waste hauling
10permit, and without the preparation and carrying of a
11manifest.
12    (v) (Blank).
13    (w) Conduct any generation, transportation, or recycling
14of construction or demolition debris, clean or general, or
15uncontaminated soil generated during construction, remodeling,
16repair, and demolition of utilities, structures, and roads
17that is not commingled with any waste, without the maintenance
18of documentation identifying the hauler, generator, place of
19origin of the debris or soil, the weight or volume of the
20debris or soil, and the location, owner, and operator of the
21facility where the debris or soil was transferred, disposed,
22recycled, or treated. This documentation must be maintained by
23the generator, transporter, or recycler for 3 years. This
24subsection (w) shall not apply to (1) a permitted pollution
25control facility that transfers or accepts construction or
26demolition debris, clean or general, or uncontaminated soil

 

 

HB5814- 110 -LRB103 39997 BDA 71298 b

1for final disposal, recycling, or treatment, (2) a public
2utility (as that term is defined in the Public Utilities Act)
3or a municipal utility, (3) the Illinois Department of
4Transportation, or (4) a municipality or a county highway
5department, with the exception of any municipality or county
6highway department located within a county having a population
7of over 3,000,000 inhabitants or located in a county that is
8contiguous to a county having a population of over 3,000,000
9inhabitants; but it shall apply to an entity that contracts
10with a public utility, a municipal utility, the Illinois
11Department of Transportation, or a municipality or a county
12highway department. The terms "generation" and "recycling", as
13used in this subsection, do not apply to clean construction or
14demolition debris when (i) used as fill material below grade
15outside of a setback zone if covered by sufficient
16uncontaminated soil to support vegetation within 30 days of
17the completion of filling or if covered by a road or structure,
18(ii) solely broken concrete without protruding metal bars is
19used for erosion control, or (iii) milled asphalt or crushed
20concrete is used as aggregate in construction of the shoulder
21of a roadway. The terms "generation" and "recycling", as used
22in this subsection, do not apply to uncontaminated soil that
23is not commingled with any waste when (i) used as fill material
24below grade or contoured to grade, or (ii) used at the site of
25generation.
26    (x) Conduct any carbon sequestration operation:

 

 

HB5814- 111 -LRB103 39997 BDA 71298 b

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:

 

 

HB5814- 112 -LRB103 39997 BDA 71298 b

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
21by a carbon dioxide capture project into a Class II well for
22purposes of enhanced oil or gas recovery, including, but not
23limited to, the facilitation of enhanced oil or gas recovery
24from another well.
25    (z) Sell or transport concentrated carbon dioxide fluid
26produced by a carbon dioxide capture project for use in

 

 

HB5814- 113 -LRB103 39997 BDA 71298 b

1enhanced oil or gas recovery.
2    (aa) Conduct any activity, including, but not limited to,
3operating a Class II or any other injection well, performing
4hydraulic fracturing, or engaging in conventional oil or gas
5drilling or operations within or outside the area of review of
6a sequestration facility, that may affect the pore-pressure of
7a formation used for geological storage of carbon dioxide
8without notifying the Agency and demonstrating to the
9satisfaction of the Agency that the activity shall not expand
10the area of review, compromise the integrity of well
11penetrations and the confining zone within the area of review,
12or induce seismicity within or outside the area of review to a
13degree that could cause damage to well penetrations or
14confining layers within the area of review.
15(Source: P.A. 102-216, eff. 1-1-22; 102-310, eff. 8-6-21;
16102-558, eff. 8-20-21; 102-813, eff. 5-13-22; 103-342, eff.
171-1-24.)
 
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

 

 

HB5814- 114 -LRB103 39997 BDA 71298 b

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
18healthful environment, including clean water, air, and land,
19meaningful public involvement, and to ensure only responsible
20sequestration of carbon dioxide occurs in the State so as to
21protect public health and to prevent pollution of the
22environment.
23    (a-10) The provisions of this Section shall be liberally
24construed to carry out the purposes of this Section.
25    (b) Any person seeking to sequester carbon dioxide in this
26State must first obtain a carbon sequestration permit from the

 

 

HB5814- 115 -LRB103 39997 BDA 71298 b

1Agency in accordance with the rules developed under subsection
2(g).
3    (c) Except for persons who seek to sequester carbon
4dioxide captured only from capture projects located in the
5State, any person seeking to sequester carbon dioxide in this
6State must, before seeking a carbon sequestration permit in
7accordance with the rules developed under subsection (g),
8first conduct an environmental impact analysis. The
9environmental 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

 

 

HB5814- 116 -LRB103 39997 BDA 71298 b

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

 

 

HB5814- 117 -LRB103 39997 BDA 71298 b

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
12State must, before seeking a carbon sequestration permit in
13accordance with the rules developed under subsection (g),
14first:
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

 

 

HB5814- 118 -LRB103 39997 BDA 71298 b

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
7carbon sequestration under this Section shall post with the
8Agency a performance bond or other security in accordance with
9this Act and the rules developed under subsection (g). The
10only acceptable forms of financial assurance are a trust fund,
11a surety bond guaranteeing payment, a surety bond guaranteeing
12performance, or an irrevocable letter of credit. Financial
13assurance must be sufficient to cover the cost of actions set
14out in 40 CFR 146.85(a)(2)-(3) and must be maintained by the
15permittee until the end of the post-injection site care
16period.
17    The Agency may enter into contracts and agreements it
18deems necessary to carry out the purposes of this Section,
19including, but not limited to, interagency agreements with the
20Illinois State Geological Society, Illinois Department of
21Natural Resources, or other agencies of the State. Neither the
22State nor any State employee shall be liable for any damages or
23injuries arising out of or resulting from any action taken
24under this Section.
25    The Agency may approve or disapprove any performance bond
26or other security posted under this subsection. Any person

 

 

HB5814- 119 -LRB103 39997 BDA 71298 b

1whose performance bond or other security is disapproved by the
2Agency may contest the disapproval as a permit denial appeal
3under Section 40.
4    (f) Every applicant for a permit for carbon sequestration
5under this Section shall first register with the Agency at
6least 60 days before applying for a permit. The Agency shall
7make available a registration form within 90 days after the
8effective date of this Act. The registration form shall
9require 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.

 

 

HB5814- 120 -LRB103 39997 BDA 71298 b

1    A registrant must notify the Department of any change in
2the information identified in paragraph (1), (2), or (3) no
3later than one month after the change, or sooner upon request
4of the Agency.
5    If granted a carbon sequestration permit under this
6Section, the permittee must maintain insurance in accordance
7with paragraph (3) throughout the period during which carbon
8dioxide is injected into the sequestration site and at least
9100 years thereafter.
10    (g) The Board shall adopt rules establishing permit
11requirements and other standards for carbon sequestration. The
12Board's rules shall address, but are not limited to, the
13following issues: applicability; required permit information;
14minimum criteria for siting; corrective action; financial
15responsibility; testing and monitoring requirements; reporting
16requirements; post-injection site care and site closure;
17emergency and remedial response; and security protections for
18injection wells, monitors, and other associated infrastructure
19to prevent tampering with sequestration-related equipment.
20    Not later than one year after the effective date of this
21Act the Agency shall propose, and not later than 2 years after
22receipt of the Agency's proposal the Board shall adopt, the
23rules required under this Section. The rules must, at a
24minimum:
25        (1) be at least as protective as federal rules and
26    regulations governing Class VI injection wells, that were

 

 

HB5814- 121 -LRB103 39997 BDA 71298 b

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;

 

 

HB5814- 122 -LRB103 39997 BDA 71298 b

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

 

 

HB5814- 123 -LRB103 39997 BDA 71298 b

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

 

 

HB5814- 124 -LRB103 39997 BDA 71298 b

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

 

 

HB5814- 125 -LRB103 39997 BDA 71298 b

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;

 

 

HB5814- 126 -LRB103 39997 BDA 71298 b

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

 

 

HB5814- 127 -LRB103 39997 BDA 71298 b

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
25revises 40 CFR 146 to be less protective than the rules
26published in the Federal Register on December 10, 2010, the

 

 

HB5814- 128 -LRB103 39997 BDA 71298 b

1Agency must (i) immediately halt the issuance of carbon
2sequestration permits and (ii) within 3 months of the
3effective date of such revision, notify the Board of that
4revision and propose rules requiring compliance with the
5December 10, 2010 version of any amended provision. Within 18
6months of the Agency's proposal, the Board shall amend the
7rules issued under subsection (g) to incorporate the Agency's
8proposal or an equally protective provision. The Agency may
9reinitiate issuance of carbon sequestration permits after the
10effective date of the amended rules required by this
11subsection.
12    (i) Within 60 days after a sequestration operator has
13obtained a carbon sequestration permit under this Section and
14begun injecting carbon dioxide into the sequestration
15facility, the sequestration operator shall record, with the
16Recorder of Deeds in the county in which the property is
17located, documents stating that (i) the pore space within the
18sequestration facility will be used to sequester carbon
19dioxide, and (ii) the pore space within the area of review may
20be used to sequester carbon dioxide.
21    (j) If monitoring reveals that the carbon dioxide plume
22has migrated outside of the confining zone, the sequestration
23operator shall:
24        (A) immediately halt injection of carbon dioxide and
25    assess measures to restore the carbon dioxide to the
26    confining zone;

 

 

HB5814- 129 -LRB103 39997 BDA 71298 b

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.

 

 

HB5814- 130 -LRB103 39997 BDA 71298 b

1    (k) Once the rules required by subsection (g) have been
2adopted
, the Agency shall calculate the cost it will bear to
3implement the carbon dioxide sequestration permit program and
4shall establish a permit fee sufficient to cover those costs,
5which it may update periodically as the costs of program
6implementation 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,

 

 

HB5814- 131 -LRB103 39997 BDA 71298 b

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
20relief otherwise available under this Act may be granted from
21the 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
25the construction, installation, or operation of any type of

 

 

HB5814- 132 -LRB103 39997 BDA 71298 b

1facility, equipment, vehicle, vessel, or aircraft, the
2applicant shall apply to the Agency for such permit and it
3shall be the duty of the Agency to issue such a permit upon
4proof by the applicant that the facility, equipment, vehicle,
5vessel, or aircraft will not cause a violation of this Act or
6of regulations hereunder. The Agency shall adopt such
7procedures as are necessary to carry out its duties under this
8Section. In making its determinations on permit applications
9under this Section the Agency may consider prior adjudications
10of noncompliance with this Act by the applicant that involved
11a release of a contaminant into the environment. In granting
12permits, the Agency may impose reasonable conditions
13specifically related to the applicant's past compliance
14history with this Act as necessary to correct, detect, or
15prevent noncompliance. The Agency may impose such other
16conditions as may be necessary to accomplish the purposes of
17this Act, and as are not inconsistent with the regulations
18promulgated by the Board hereunder. Except as otherwise
19provided in this Act, a bond or other security shall not be
20required as a condition for the issuance of a permit. If the
21Agency denies any permit under this Section, the Agency shall
22transmit to the applicant within the time limitations of this
23Section specific, detailed statements as to the reasons the
24permit application was denied. Such statements shall include,
25but not be limited to, the following:
26        (i) the Sections of this Act which may be violated if

 

 

HB5814- 133 -LRB103 39997 BDA 71298 b

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
12after the filing of the application for permit, the applicant
13may deem the permit issued; except that this time period shall
14be extended to 180 days when (1) notice and opportunity for
15public hearing are required by State or federal law or
16regulation, (2) the application which was filed is for any
17permit to develop a landfill subject to issuance pursuant to
18this subsection, or (3) the application that was filed is for a
19MSWLF unit required to issue public notice under subsection
20(p) of Section 39. The 90-day and 180-day time periods for the
21Agency to take final action do not apply to NPDES permit
22applications under subsection (b) of this Section, to RCRA
23permit applications under subsection (d) of this Section, to
24UIC permit applications under subsection (e) of this Section,
25or to CCR surface impoundment applications under subsection
26(y) of this Section.

 

 

HB5814- 134 -LRB103 39997 BDA 71298 b

1    The Agency shall publish notice of all final permit
2determinations for development permits for MSWLF units and for
3significant permit modifications for lateral expansions for
4existing MSWLF units one time in a newspaper of general
5circulation in the county in which the unit is or is proposed
6to be located.
7    After January 1, 1994 and until July 1, 1998, operating
8permits issued under this Section by the Agency for sources of
9air pollution permitted to emit less than 25 tons per year of
10any combination of regulated air pollutants, as defined in
11Section 39.5 of this Act, shall be required to be renewed only
12upon written request by the Agency consistent with applicable
13provisions of this Act and regulations promulgated hereunder.
14Such operating permits shall expire 180 days after the date of
15such a request. The Board shall revise its regulations for the
16existing State air pollution operating permit program
17consistent with this provision by January 1, 1994.
18    After June 30, 1998, operating permits issued under this
19Section by the Agency for sources of air pollution that are not
20subject to Section 39.5 of this Act and are not required to
21have a federally enforceable State operating permit shall be
22required to be renewed only upon written request by the Agency
23consistent with applicable provisions of this Act and its
24rules. Such operating permits shall expire 180 days after the
25date of such a request. Before July 1, 1998, the Board shall
26revise its rules for the existing State air pollution

 

 

HB5814- 135 -LRB103 39997 BDA 71298 b

1operating permit program consistent with this paragraph and
2shall adopt rules that require a source to demonstrate that it
3qualifies for a permit under this paragraph.
4    (b) The Agency may issue NPDES permits exclusively under
5this subsection for the discharge of contaminants from point
6sources into navigable waters, all as defined in the Federal
7Water Pollution Control Act, as now or hereafter amended,
8within the jurisdiction of the State, or into any well.
9    All NPDES permits shall contain those terms and
10conditions, including, but not limited to, schedules of
11compliance, which may be required to accomplish the purposes
12and provisions of this Act.
13    The Agency may issue general NPDES permits for discharges
14from categories of point sources which are subject to the same
15permit limitations and conditions. Such general permits may be
16issued without individual applications and shall conform to
17regulations promulgated under Section 402 of the Federal Water
18Pollution Control Act, as now or hereafter amended.
19    The Agency may include, among such conditions, effluent
20limitations and other requirements established under this Act,
21Board regulations, the Federal Water Pollution Control Act, as
22now or hereafter amended, and regulations pursuant thereto,
23and schedules for achieving compliance therewith at the
24earliest reasonable date.
25    The Agency shall adopt filing requirements and procedures
26which are necessary and appropriate for the issuance of NPDES

 

 

HB5814- 136 -LRB103 39997 BDA 71298 b

1permits, and which are consistent with the Act or regulations
2adopted by the Board, and with the Federal Water Pollution
3Control Act, as now or hereafter amended, and regulations
4pursuant thereto.
5    The Agency, subject to any conditions which may be
6prescribed by Board regulations, may issue NPDES permits to
7allow discharges beyond deadlines established by this Act or
8by regulations of the Board without the requirement of a
9variance, subject to the Federal Water Pollution Control Act,
10as now or hereafter amended, and regulations pursuant thereto.
11    (c) Except for those facilities owned or operated by
12sanitary districts organized under the Metropolitan Water
13Reclamation District Act, no permit for the development or
14construction of a new pollution control facility may be
15granted by the Agency unless the applicant submits proof to
16the Agency that the location of the facility has been approved
17by the county board of the county if in an unincorporated area,
18or the governing body of the municipality when in an
19incorporated area, in which the facility is to be located in
20accordance with Section 39.2 of this Act. For purposes of this
21subsection (c), and for purposes of Section 39.2 of this Act,
22the appropriate county board or governing body of the
23municipality shall be the county board of the county or the
24governing body of the municipality in which the facility is to
25be located as of the date when the application for siting
26approval is filed.

 

 

HB5814- 137 -LRB103 39997 BDA 71298 b

1    In the event that siting approval granted pursuant to
2Section 39.2 has been transferred to a subsequent owner or
3operator, that subsequent owner or operator may apply to the
4Agency for, and the Agency may grant, a development or
5construction permit for the facility for which local siting
6approval was granted. Upon application to the Agency for a
7development or construction permit by that subsequent owner or
8operator, the permit applicant shall cause written notice of
9the permit application to be served upon the appropriate
10county board or governing body of the municipality that
11granted siting approval for that facility and upon any party
12to the siting proceeding pursuant to which siting approval was
13granted. In that event, the Agency shall conduct an evaluation
14of the subsequent owner or operator's prior experience in
15waste management operations in the manner conducted under
16subsection (i) of Section 39 of this Act.
17    Beginning August 20, 1993, if the pollution control
18facility consists of a hazardous or solid waste disposal
19facility for which the proposed site is located in an
20unincorporated area of a county with a population of less than
21100,000 and includes all or a portion of a parcel of land that
22was, on April 1, 1993, adjacent to a municipality having a
23population of less than 5,000, then the local siting review
24required under this subsection (c) in conjunction with any
25permit applied for after that date shall be performed by the
26governing body of that adjacent municipality rather than the

 

 

HB5814- 138 -LRB103 39997 BDA 71298 b

1county board of the county in which the proposed site is
2located; and for the purposes of that local siting review, any
3references in this Act to the county board shall be deemed to
4mean the governing body of that adjacent municipality;
5provided, however, that the provisions of this paragraph shall
6not apply to any proposed site which was, on April 1, 1993,
7owned in whole or in part by another municipality.
8    In the case of a pollution control facility for which a
9development permit was issued before November 12, 1981, if an
10operating permit has not been issued by the Agency prior to
11August 31, 1989 for any portion of the facility, then the
12Agency may not issue or renew any development permit nor issue
13an original operating permit for any portion of such facility
14unless the applicant has submitted proof to the Agency that
15the location of the facility has been approved by the
16appropriate county board or municipal governing body pursuant
17to Section 39.2 of this Act.
18    After January 1, 1994, if a solid waste disposal facility,
19any portion for which an operating permit has been issued by
20the Agency, has not accepted waste disposal for 5 or more
21consecutive calendar years, before that facility may accept
22any new or additional waste for disposal, the owner and
23operator must obtain a new operating permit under this Act for
24that facility unless the owner and operator have applied to
25the Agency for a permit authorizing the temporary suspension
26of waste acceptance. The Agency may not issue a new operation

 

 

HB5814- 139 -LRB103 39997 BDA 71298 b

1permit under this Act for the facility unless the applicant
2has submitted proof to the Agency that the location of the
3facility has been approved or re-approved by the appropriate
4county board or municipal governing body under Section 39.2 of
5this Act after the facility ceased accepting waste.
6    Except for those facilities owned or operated by sanitary
7districts organized under the Metropolitan Water Reclamation
8District Act, and except for new pollution control facilities
9governed by Section 39.2, and except for fossil fuel mining
10facilities, the granting of a permit under this Act shall not
11relieve the applicant from meeting and securing all necessary
12zoning approvals from the unit of government having zoning
13jurisdiction over the proposed facility.
14    Before beginning construction on any new sewage treatment
15plant or sludge drying site to be owned or operated by a
16sanitary district organized under the Metropolitan Water
17Reclamation District Act for which a new permit (rather than
18the renewal or amendment of an existing permit) is required,
19such sanitary district shall hold a public hearing within the
20municipality within which the proposed facility is to be
21located, or within the nearest community if the proposed
22facility is to be located within an unincorporated area, at
23which information concerning the proposed facility shall be
24made available to the public, and members of the public shall
25be given the opportunity to express their views concerning the
26proposed facility.

 

 

HB5814- 140 -LRB103 39997 BDA 71298 b

1    The Agency may issue a permit for a municipal waste
2transfer station without requiring approval pursuant to
3Section 39.2 provided that the following demonstration is
4made:
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
20this subsection to persons owning or operating a facility for
21the treatment, storage, or disposal of hazardous waste as
22defined under this Act. Subsection (y) of this Section, rather
23than this subsection (d), shall apply to permits issued for
24CCR surface impoundments.
25    All RCRA permits shall contain those terms and conditions,
26including, but not limited to, schedules of compliance, which

 

 

HB5814- 141 -LRB103 39997 BDA 71298 b

1may be required to accomplish the purposes and provisions of
2this Act. The Agency may include among such conditions
3standards and other requirements established under this Act,
4Board regulations, the Resource Conservation and Recovery Act
5of 1976 (P.L. 94-580), as amended, and regulations pursuant
6thereto, and may include schedules for achieving compliance
7therewith as soon as possible. The Agency shall require that a
8performance bond or other security be provided as a condition
9for the issuance of a RCRA permit.
10    In the case of a permit to operate a hazardous waste or PCB
11incinerator as defined in subsection (k) of Section 44, the
12Agency shall require, as a condition of the permit, that the
13operator of the facility perform such analyses of the waste to
14be incinerated as may be necessary and appropriate to ensure
15the safe operation of the incinerator.
16    The Agency shall adopt filing requirements and procedures
17which are necessary and appropriate for the issuance of RCRA
18permits, and which are consistent with the Act or regulations
19adopted by the Board, and with the Resource Conservation and
20Recovery Act of 1976 (P.L. 94-580), as amended, and
21regulations pursuant thereto.
22    The applicant shall make available to the public for
23inspection all documents submitted by the applicant to the
24Agency in furtherance of an application, with the exception of
25trade secrets, at the office of the county board or governing
26body of the municipality. Such documents may be copied upon

 

 

HB5814- 142 -LRB103 39997 BDA 71298 b

1payment of the actual cost of reproduction during regular
2business hours of the local office. The Agency shall issue a
3written statement concurrent with its grant or denial of the
4permit explaining the basis for its decision.
5    (e) The Agency may issue UIC permits exclusively under
6this subsection to persons owning or operating a facility for
7the underground injection of contaminants as defined under
8this Act, except that the Agency shall issue any permits for
9underground injection wells for the sequestration of carbon
10dioxide under Section 22.64.
11    All UIC permits shall contain those terms and conditions,
12including, but not limited to, schedules of compliance, which
13may be required to accomplish the purposes and provisions of
14this Act. The Agency may include among such conditions
15standards and other requirements established under this Act,
16Board regulations, the Safe Drinking Water Act (P.L. 93-523),
17as amended, and regulations pursuant thereto, and may include
18schedules for achieving compliance therewith. The Agency shall
19require that a performance bond or other security be provided
20as a condition for the issuance of a UIC permit.
21    The Agency shall adopt filing requirements and procedures
22which are necessary and appropriate for the issuance of UIC
23permits, and which are consistent with the Act or regulations
24adopted 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

 

 

HB5814- 143 -LRB103 39997 BDA 71298 b

1inspection all documents submitted by the applicant to the
2Agency in furtherance of an application, with the exception of
3trade secrets, at the office of the county board or governing
4body of the municipality. Such documents may be copied upon
5payment of the actual cost of reproduction during regular
6business hours of the local office. The Agency shall issue a
7written statement concurrent with its grant or denial of the
8permit explaining the basis for its decision.
9    (f) In making any determination pursuant to Section 9.1 of
10this 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

 

 

HB5814- 144 -LRB103 39997 BDA 71298 b

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
14permits issued for hazardous waste disposal sites such
15restrictions upon the future use of such sites as are
16reasonably necessary to protect public health and the
17environment, including permanent prohibition of the use of
18such sites for purposes which may create an unreasonable risk
19of injury to human health or to the environment. After
20administrative and judicial challenges to such restrictions
21have been exhausted, the Agency shall file such restrictions
22of record in the Office of the Recorder of the county in which
23the hazardous waste disposal site is located.
24    (h) A hazardous waste stream may not be deposited in a
25permitted hazardous waste site unless specific authorization
26is obtained from the Agency by the generator and disposal site

 

 

HB5814- 145 -LRB103 39997 BDA 71298 b

1owner and operator for the deposit of that specific hazardous
2waste stream. The Agency may grant specific authorization for
3disposal of hazardous waste streams only after the generator
4has reasonably demonstrated that, considering technological
5feasibility and economic reasonableness, the hazardous waste
6cannot be reasonably recycled for reuse, nor incinerated or
7chemically, physically, or biologically treated so as to
8neutralize the hazardous waste and render it nonhazardous. In
9granting authorization under this Section, the Agency may
10impose such conditions as may be necessary to accomplish the
11purposes of the Act and are consistent with this Act and
12regulations promulgated by the Board hereunder. If the Agency
13refuses to grant authorization under this Section, the
14applicant may appeal as if the Agency refused to grant a
15permit, pursuant to the provisions of subsection (a) of
16Section 40 of this Act. For purposes of this subsection (h),
17the term "generator" has the meaning given in Section 3.205 of
18this Act, unless: (1) the hazardous waste is treated,
19incinerated, or partially recycled for reuse prior to
20disposal, in which case the last person who treats,
21incinerates, or partially recycles the hazardous waste prior
22to disposal is the generator; or (2) the hazardous waste is
23from a response action, in which case the person performing
24the response action is the generator. This subsection (h) does
25not apply to any hazardous waste that is restricted from land
26disposal under 35 Ill. Adm. Code 728.

 

 

HB5814- 146 -LRB103 39997 BDA 71298 b

1    (i) Before issuing any RCRA permit, any permit for a waste
2storage site, sanitary landfill, waste disposal site, waste
3transfer station, waste treatment facility, waste incinerator,
4or any waste-transportation operation, any permit or interim
5authorization for a clean construction or demolition debris
6fill operation, or any permit required under subsection (d-5)
7of Section 55, the Agency shall conduct an evaluation of the
8prospective owner's or operator's prior experience in waste
9management operations, clean construction or demolition debris
10fill operations, and tire storage site management. The Agency
11may deny such a permit, or deny or revoke interim
12authorization, if the prospective owner or operator or any
13employee or officer of the prospective owner or operator has a
14history 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

 

 

HB5814- 147 -LRB103 39997 BDA 71298 b

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
9authorization for a clean construction or demolition debris
10fill operation in which any ownership interest is transferred
11between January 1, 2005, and the effective date of the
12prohibition set forth in Section 22.52 of this Act, the Agency
13shall conduct an evaluation of the operation if any previous
14activities at the site or facility may have caused or allowed
15contamination of the site. It shall be the responsibility of
16the owner or operator seeking the permit or interim
17authorization to provide to the Agency all of the information
18necessary for the Agency to conduct its evaluation. The Agency
19may deny a permit or interim authorization if previous
20activities at the site may have caused or allowed
21contamination at the site, unless such contamination is
22authorized under any permit issued by the Agency.
23    (j) The issuance under this Act of a permit to engage in
24the surface mining of any resources other than fossil fuels
25shall not relieve the permittee from its duty to comply with
26any applicable local law regulating the commencement,

 

 

HB5814- 148 -LRB103 39997 BDA 71298 b

1location, or operation of surface mining facilities.
2    (k) A development permit issued under subsection (a) of
3Section 39 for any facility or site which is required to have a
4permit under subsection (d) of Section 21 shall expire at the
5end of 2 calendar years from the date upon which it was issued,
6unless within that period the applicant has taken action to
7develop the facility or the site. In the event that review of
8the conditions of the development permit is sought pursuant to
9Section 40 or 41, or permittee is prevented from commencing
10development of the facility or site by any other litigation
11beyond the permittee's control, such two-year period shall be
12deemed to begin on the date upon which such review process or
13litigation is concluded.
14    (l) No permit shall be issued by the Agency under this Act
15for construction or operation of any facility or site located
16within the boundaries of any setback zone established pursuant
17to this Act, where such construction or operation is
18prohibited.
19    (m) The Agency may issue permits to persons owning or
20operating a facility for composting landscape waste. In
21granting such permits, the Agency may impose such conditions
22as may be necessary to accomplish the purposes of this Act, and
23as are not inconsistent with applicable regulations
24promulgated by the Board. Except as otherwise provided in this
25Act, a bond or other security shall not be required as a
26condition for the issuance of a permit. If the Agency denies

 

 

HB5814- 149 -LRB103 39997 BDA 71298 b

1any permit pursuant to this subsection, the Agency shall
2transmit to the applicant within the time limitations of this
3subsection specific, detailed statements as to the reasons the
4permit application was denied. Such statements shall include
5but 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
17after the filing of the application for permit, the applicant
18may deem the permit issued. Any applicant for a permit may
19waive the 90-day limitation by filing a written statement with
20the Agency.
21    The Agency shall issue permits for such facilities upon
22receipt of an application that includes a legal description of
23the site, a topographic map of the site drawn to the scale of
24200 feet to the inch or larger, a description of the operation,
25including the area served, an estimate of the volume of
26materials to be processed, and documentation that:

 

 

HB5814- 150 -LRB103 39997 BDA 71298 b

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

 

 

HB5814- 151 -LRB103 39997 BDA 71298 b

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
4than 10 years in duration for the composting of landscape
5wastes, as defined in Section 3.155 of this Act, based on the
6above requirements.
7    The operator of any facility permitted under this
8subsection (m) must submit a written annual statement to the
9Agency on or before April 1 of each year that includes an
10estimate of the amount of material, in tons, received for
11composting.
12    (n) The Agency shall issue permits jointly with the
13Department of Transportation for the dredging or deposit of
14material in Lake Michigan in accordance with Section 18 of the
15Rivers, Lakes, and Streams Act.
16    (o) (Blank).
17    (p) (1) Any person submitting an application for a permit
18for a new MSWLF unit or for a lateral expansion under
19subsection (t) of Section 21 of this Act for an existing MSWLF
20unit that has not received and is not subject to local siting
21approval under Section 39.2 of this Act shall publish notice
22of the application in a newspaper of general circulation in
23the county in which the MSWLF unit is or is proposed to be
24located. The notice must be published at least 15 days before
25submission of the permit application to the Agency. The notice
26shall state the name and address of the applicant, the

 

 

HB5814- 152 -LRB103 39997 BDA 71298 b

1location of the MSWLF unit or proposed MSWLF unit, the nature
2and size of the MSWLF unit or proposed MSWLF unit, the nature
3of the activity proposed, the probable life of the proposed
4activity, the date the permit application will be submitted,
5and a statement that persons may file written comments with
6the Agency concerning the permit application within 30 days
7after the filing of the permit application unless the time
8period to submit comments is extended by the Agency.
9    When a permit applicant submits information to the Agency
10to supplement a permit application being reviewed by the
11Agency, the applicant shall not be required to reissue the
12notice under this subsection.
13    (2) The Agency shall accept written comments concerning
14the permit application that are postmarked no later than 30
15days after the filing of the permit application, unless the
16time period to accept comments is extended by the Agency.
17    (3) Each applicant for a permit described in part (1) of
18this subsection shall file a copy of the permit application
19with the county board or governing body of the municipality in
20which the MSWLF unit is or is proposed to be located at the
21same time the application is submitted to the Agency. The
22permit application filed with the county board or governing
23body of the municipality shall include all documents submitted
24to or to be submitted to the Agency, except trade secrets as
25determined under Section 7.1 of this Act. The permit
26application and other documents on file with the county board

 

 

HB5814- 153 -LRB103 39997 BDA 71298 b

1or governing body of the municipality shall be made available
2for public inspection during regular business hours at the
3office of the county board or the governing body of the
4municipality and may be copied upon payment of the actual cost
5of reproduction.
6    (q) Within 6 months after July 12, 2011 (the effective
7date of Public Act 97-95), the Agency, in consultation with
8the regulated community, shall develop a web portal to be
9posted on its website for the purpose of enhancing review and
10promoting timely issuance of permits required by this Act. At
11a minimum, the Agency shall make the following information
12available 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

 

 

HB5814- 154 -LRB103 39997 BDA 71298 b

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)

 

 

HB5814- 155 -LRB103 39997 BDA 71298 b

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
12notify the applicant of the permit analyst assigned to the
13application upon its receipt.
14    (s) The Agency is authorized to prepare and distribute
15guidance documents relating to its administration of this
16Section and procedural rules implementing this Section.
17Guidance documents prepared under this subsection shall not be
18considered rules and shall not be subject to the Illinois
19Administrative Procedure Act. Such guidance shall not be
20binding on any party.
21    (t) Except as otherwise prohibited by federal law or
22regulation, any person submitting an application for a permit
23may include with the application suggested permit language for
24Agency consideration. The Agency is not obligated to use the
25suggested language or any portion thereof in its permitting
26decision. If requested by the permit applicant, the Agency

 

 

HB5814- 156 -LRB103 39997 BDA 71298 b

1shall meet with the applicant to discuss the suggested
2language.
3    (u) If requested by the permit applicant, the Agency shall
4provide the permit applicant with a copy of the draft permit
5prior to any public review period.
6    (v) If requested by the permit applicant, the Agency shall
7provide the permit applicant with a copy of the final permit
8prior to its issuance.
9    (w) An air pollution permit shall not be required due to
10emissions of greenhouse gases, as specified by Section 9.15 of
11this Act.
12    (x) If, before the expiration of a State operating permit
13that is issued pursuant to subsection (a) of this Section and
14contains federally enforceable conditions limiting the
15potential to emit of the source to a level below the major
16source threshold for that source so as to exclude the source
17from the Clean Air Act Permit Program, the Agency receives a
18complete application for the renewal of that permit, then all
19of the terms and conditions of the permit shall remain in
20effect until final administrative action has been taken on the
21application for the renewal of the permit.
22    (y) The Agency may issue permits exclusively under this
23subsection to persons owning or operating a CCR surface
24impoundment subject to Section 22.59.
25    (z) If a mass animal mortality event is declared by the
26Department of Agriculture in accordance with the Animal

 

 

HB5814- 157 -LRB103 39997 BDA 71298 b

1Mortality 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
26terms and conditions, including, but not limited to, schedules

 

 

HB5814- 158 -LRB103 39997 BDA 71298 b

1of compliance, which may be required to accomplish the
2purposes and provisions of this Act, Board regulations, the
3Illinois Groundwater Protection Act and regulations pursuant
4thereto, and the Resource Conservation and Recovery Act and
5regulations pursuant thereto, and may include schedules for
6achieving compliance therewith as soon as possible.
7    The Board shall adopt filing requirements and procedures
8that are necessary and appropriate for the issuance of CCR
9surface impoundment permits and that are consistent with this
10Act or regulations adopted by the Board, and with the RCRA, as
11amended, and regulations pursuant thereto.
12    The applicant shall make available to the public for
13inspection all documents submitted by the applicant to the
14Agency in furtherance of an application, with the exception of
15trade secrets, on its public internet website as well as at the
16office of the county board or governing body of the
17municipality where CCR from the CCR surface impoundment will
18be permanently disposed. Such documents may be copied upon
19payment of the actual cost of reproduction during regular
20business hours of the local office.
21    The Agency shall issue a written statement concurrent with
22its grant or denial of the permit explaining the basis for its
23decision.
24(Source: P.A. 101-171, eff. 7-30-19; 102-216, eff. 1-1-22;
25102-558, eff. 8-20-21; 102-813, eff. 5-13-22.)
 

 

 

HB5814- 159 -LRB103 39997 BDA 71298 b

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
4conditions a permit under Section 39 of this Act, the
5applicant may, within 35 days after the date on which the
6Agency served its decision on the applicant, petition for a
7hearing before the Board to contest the decision of the
8Agency. However, the 35-day period for petitioning for a
9hearing may be extended for an additional period of time not to
10exceed 90 days by written notice provided to the Board from the
11applicant and the Agency within the initial appeal period. The
12Board shall give 21 days' notice to any person in the county
13where is located the facility in issue who has requested
14notice of enforcement proceedings and to each member of the
15General Assembly in whose legislative district that
16installation or property is located; and shall publish that
1721-day notice in a newspaper of general circulation in that
18county. The Agency shall appear as respondent in such hearing.
19At such hearing the rules prescribed in Section 32 and
20subsection (a) of Section 33 of this Act shall apply, and the
21burden of proof shall be on the petitioner. If, however, the
22Agency issues an NPDES permit that imposes limits which are
23based upon a criterion or denies a permit based upon
24application of a criterion, then the Agency shall have the
25burden of going forward with the basis for the derivation of
26those limits or criterion which were derived under the Board's

 

 

HB5814- 160 -LRB103 39997 BDA 71298 b

1rules.
2    (2) Except as provided in paragraph (a)(3), if there is no
3final action by the Board within 120 days after the date on
4which it received the petition, the petitioner may deem the
5permit issued under this Act, provided, however, that that
6period of 120 days shall not run for any period of time, not to
7exceed 30 days, during which the Board is without sufficient
8membership to constitute the quorum required by subsection (a)
9of Section 5 of this Act, and provided further that such 120
10day period shall not be stayed for lack of quorum beyond 30
11days regardless of whether the lack of quorum exists at the
12beginning of such 120-day period or occurs during the running
13of such 120-day period.
14    (3) Paragraph (a)(2) shall not apply to any permit which
15is subject to subsection (b), (d) or (e) of Section 39. If
16there is no final action by the Board within 120 days after the
17date on which it received the petition, the petitioner shall
18be 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
21waste disposal site, a third party, other than the permit
22applicant or Agency, may, within 35 days after the date on
23which the Agency issued its decision, petition the Board for a
24hearing to contest the issuance of the permit. Unless the
25Board determines that such petition is duplicative or
26frivolous, or that the petitioner is so located as to not be

 

 

HB5814- 161 -LRB103 39997 BDA 71298 b

1affected by the permitted facility, the Board shall hear the
2petition in accordance with the terms of subsection (a) of
3this Section and its procedural rules governing denial
4appeals, such hearing to be based exclusively on the record
5before the Agency. The burden of proof shall be on the
6petitioner. The Agency and the permit applicant shall be named
7co-respondents.
8    The provisions of this subsection do not apply to the
9granting of permits issued for the disposal or utilization of
10sludge from publicly owned sewage works.
11    (c) Any party to an Agency proceeding conducted pursuant
12to Section 39.3 of this Act may petition as of right to the
13Board for review of the Agency's decision within 35 days from
14the date of issuance of the Agency's decision, provided that
15such appeal is not duplicative or frivolous. However, the
1635-day period for petitioning for a hearing may be extended by
17the applicant for a period of time not to exceed 90 days by
18written notice provided to the Board from the applicant and
19the Agency within the initial appeal period. If another person
20with standing to appeal wishes to obtain an extension, there
21must be a written notice provided to the Board by that person,
22the Agency, and the applicant, within the initial appeal
23period. The decision of the Board shall be based exclusively
24on the record compiled in the Agency proceeding. In other
25respects the Board's review shall be conducted in accordance
26with subsection (a) of this Section and the Board's procedural

 

 

HB5814- 162 -LRB103 39997 BDA 71298 b

1rules governing permit denial appeals.
2    (d) In reviewing the denial or any condition of a NA NSR
3permit issued by the Agency pursuant to rules and regulations
4adopted under subsection (c) of Section 9.1 of this Act, the
5decision of the Board shall be based exclusively on the record
6before the Agency including the record of the hearing, if any,
7unless the parties agree to supplement the record. The Board
8shall, if it finds the Agency is in error, make a final
9determination as to the substantive limitations of the permit
10including a final determination of Lowest Achievable Emission
11Rate.
12    (e)(1) If the Agency grants or denies a permit under
13subsection (b) of Section 39 of this Act, a third party, other
14than the permit applicant or Agency, may petition the Board
15within 35 days from the date of issuance of the Agency's
16decision, for a hearing to contest the decision of the Agency.
17    (2) A petitioner shall include the following within a
18petition 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
26duplicative or frivolous and contains a satisfactory

 

 

HB5814- 163 -LRB103 39997 BDA 71298 b

1demonstration under subdivision (2) of this subsection, the
2Board shall hear the petition (i) in accordance with the terms
3of subsection (a) of this Section and its procedural rules
4governing permit denial appeals and (ii) exclusively on the
5basis of the record before the Agency. The burden of proof
6shall be on the petitioner. The Agency and permit applicant
7shall be named co-respondents.
8    (f) Any person who files a petition to contest the
9issuance of a permit by the Agency shall pay a filing fee.
10    (g) If the Agency grants or denies a permit under
11subsection (y) of Section 39, a third party, other than the
12permit applicant or Agency, may appeal the Agency's decision
13as provided under federal law for CCR surface impoundment
14permits.
15    (h) If the Agency grants or denies a permit for the capture
16of carbon dioxide under Section 9.21 or a permit for
17sequestration of carbon dioxide under Section 22.64,
18including, but not limited to, the disapproval of financial
19assurance under subsection (e) of Section 22.64, any person
20may petition the Board, within 35 days after the date of
21issuance of the Agency's decision, for a hearing to contest
22the 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
25severable under Section 1.31 of the Statute on Statutes.
 

 

 

HB5814- 164 -LRB103 39997 BDA 71298 b

1    Section 99. Effective date. This Act takes effect upon
2becoming law.

 

 

HB5814- 165 -LRB103 39997 BDA 71298 b

1 INDEX
2 Statutes amended in order of appearance
3    New Act
4    30 ILCS 105/5.1015 new
5    20 ILCS 3855/1-10
6    20 ILCS 3855/1-80
7    220 ILCS 75/10
8    220 ILCS 75/15
9    220 ILCS 75/20
10    220 ILCS 75/5 rep.
11    415 ILCS 5/3.121 new
12    415 ILCS 5/3.132 new
13    415 ILCS 5/3.133 new
14    415 ILCS 5/3.134 new
15    415 ILCS 5/3.136 new
16    415 ILCS 5/3.281 new
17    415 ILCS 5/3.446 new
18    415 ILCS 5/3.447 new
19    415 ILCS 5/9.20 new
20    415 ILCS 5/9.21 new
21    415 ILCS 5/21from Ch. 111 1/2, par. 1021
22    415 ILCS 5/22.64 new
23    415 ILCS 5/39from Ch. 111 1/2, par. 1039
24    415 ILCS 5/40from Ch. 111 1/2, par. 1040