Full Text of SB0678 96th General Assembly
SB0678enr 96TH GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning regulation.
| 2 | | Be it enacted by the People of the State of Illinois, | 3 | | represented in the General Assembly:
| 4 | | Section 5. The Clean Coal FutureGen for Illinois Act is | 5 | | amended by changing Sections 5, 10, 15, and 998 as follows: | 6 | | (20 ILCS 1107/5) | 7 | | (Section scheduled to be repealed on December 31, 2010)
| 8 | | Sec. 5. Purpose. Recognizing that the FutureGen Project is | 9 | | a first-of-a-kind research project to permanently sequester | 10 | | underground captured CO2 carbon-dioxide emissions from : (1) a | 11 | | coal-fueled power plant that uses as its primary fuel source | 12 | | high volatile bituminous rank coal with greater than 1.7 pounds | 13 | | of sulfur per million btu content or (2) other approved and | 14 | | permitted captured CO2 sources in the State of Illinois , and | 15 | | that such a project would have benefits to the economy and | 16 | | environment of Illinois, the purpose of this Act is to provide | 17 | | the FutureGen Alliance with adequate liability protection and | 18 | | permitting certainty to facilitate the siting of the FutureGen | 19 | | Project in the State of Illinois , to provide to the State of | 20 | | Illinois certain financial benefits from environmental | 21 | | attributes for the Project, and to help secure over $1 billion | 22 | | in federal funding for the Project .
| 23 | | (Source: P.A. 95-18, eff. 7-30-07.) |
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| 1 | | (20 ILCS 1107/10) | 2 | | (Section scheduled to be repealed on December 31, 2010)
| 3 | | Sec. 10. Legislative findings. The General Assembly finds | 4 | | and determines that: | 5 | | (1) human-induced greenhouse gas emissions have been | 6 | | identified as contributing to global warming, the effects | 7 | | of which pose a threat to public health and safety and the | 8 | | economy of the State of Illinois; | 9 | | (2) in order to meet the energy needs of the State of | 10 | | Illinois, keep its economy strong and protect the | 11 | | environment while reducing its contribution to | 12 | | human-induced greenhouse gas emissions, the State of | 13 | | Illinois must be a leader in developing new low-carbon | 14 | | technologies; | 15 | | (3) carbon capture and storage is a low-carbon | 16 | | technology that involves capturing the captured CO2 carbon | 17 | | dioxide from fossil fuel energy electric and hydrogen | 18 | | generating units and other industrial facilities and | 19 | | injecting it into secure geologic strata for permanent | 20 | | storage; | 21 | | (4) the FutureGen Project is a public-private | 22 | | partnership between the Federal Department of Energy and | 23 | | the FutureGen Alliance that proposes to use this new | 24 | | technology as part of a plan to transport and store | 25 | | captured CO2 from a coal-fueled power plant that uses as |
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| 1 | | its primary fuel source high-volatile bituminous rank coal | 2 | | with greater than 1.7 pounds of sulfur per million btu | 3 | | content and other captured CO2 sources that are approved by | 4 | | the appropriate State of Illinois agency and permitted in | 5 | | the State of Illinois build and operate a near zero | 6 | | emission coal fueled power plant ; | 7 | | (5) the FutureGen Project will help ensure the | 8 | | long-term viability of Illinois Basin coal as a major | 9 | | energy source in the State of Illinois and throughout the | 10 | | nation and represents a significant step in the State of | 11 | | Illinois' efforts to become a self-sufficient, clean | 12 | | energy producer; | 13 | | (6) the FutureGen Project provides an opportunity for | 14 | | the State of Illinois to partner with the Federal | 15 | | Department of Energy and the FutureGen Alliance in the | 16 | | development of these innovative clean-coal technologies; | 17 | | (7) the FutureGen Project will make the State of | 18 | | Illinois a center for developing and refining clean coal | 19 | | technology , hydrogen production and carbon capture and | 20 | | storage, and will result in the development of new | 21 | | technologies designed to improve the efficiency of the | 22 | | energy industry that will be replicated world wide; | 23 | | (8) the FutureGen Project is an important coal | 24 | | development and conversion project that will create jobs in | 25 | | the State of Illinois during the construction and | 26 | | operational phases, contribute to the overall economy of |
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| 1 | | the State of Illinois and help reinvigorate the Illinois | 2 | | Basin coal industry; and | 3 | | (9) the FutureGen Project and the property necessary | 4 | | for the FutureGen Project serve a substantial public | 5 | | purpose as its advanced clean-coal coal gasification, | 6 | | electricity generation, hydrogen production, advanced | 7 | | emissions control and carbon capture and storage | 8 | | technologies will benefit the citizens of the State of | 9 | | Illinois.
| 10 | | (Source: P.A. 95-18, eff. 7-30-07.) | 11 | | (20 ILCS 1107/15) | 12 | | (Section scheduled to be repealed on December 31, 2010)
| 13 | | Sec. 15. Definitions. For the purposes of this Act: | 14 | | "Agency" means the Illinois Environmental Protection | 15 | | Agency. | 16 | | "Captured CO2" means CO2 and other trace chemical | 17 | | constituents approved by the Agency for injection into the | 18 | | Mount Simon Formation. | 19 | | "Carbon capture and storage" means the process of | 20 | | collecting captured CO2 capturing CO2 and other chemical | 21 | | constituents from coal combustion by-products for the purpose | 22 | | of injecting and storing the captured CO2 gas for permanent | 23 | | storage. | 24 | | "Carbon dioxide" or "CO2" means a colorless, odorless gas | 25 | | in the form of one carbon and 2 oxygen atoms that is the |
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| 1 | | principal greenhouse gas. | 2 | | "Department" means the Department of Commerce and Economic | 3 | | Opportunity. | 4 | | "Director" means the Director of Commerce and Economic | 5 | | Opportunity. | 6 | | "Federal Department" means the federal Department of | 7 | | Energy. | 8 | | "FutureGen Alliance" is a 501(c)(3) non-profit consortium | 9 | | of coal and energy producers created to benefit the public | 10 | | interest and the interest of science through the research, | 11 | | development, and demonstration of near zero-emission coal | 12 | | technology, with the cooperation of the Federal Department | 13 | | that, as of the effective date of this Act, includes American | 14 | | Electric Power, Anglo American plc, BHP Billiton, E. ON US, | 15 | | China Huaneng Group, CONSOL Energy, Foundation Coal, Kennecott | 16 | | Energy, Peabody Energy, PPL Corporation, Rio Tinto Energy | 17 | | American, Southern Company, and Xstrata Coal . | 18 | | "FutureGen Project" means the public-private partnership | 19 | | between the Federal Department and the FutureGen Alliance that | 20 | | will control captured CO2 and will construct and operate a | 21 | | pipeline and storage field for captured CO2 coal-fueled power | 22 | | plant utilizing state-of-the-art clean-coal technology and | 23 | | carbon capture and storage. Two locations in Illinois, Tuscola | 24 | | and Mattoon, are under consideration for the FutureGen Project. | 25 | | These are the only locations eligible for benefits under this | 26 | | Act . |
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| 1 | | "Mount Simon Formation" means the deep sandstone reservoir | 2 | | into which the sequestered CO2 gas is to be injected at a depth | 3 | | greater than 3,500 feet depths generally ranging between 5,500 | 4 | | and 8,500 feet below ground surface and that is bounded by the | 5 | | granitic basement below and the Eau Claire Shale above. | 6 | | "Operator" means the FutureGen Alliance and its member | 7 | | companies, including their parent companies, subsidiaries, | 8 | | affiliates, directors, officers, employees, and agents , or a | 9 | | not-for-profit successor-in-interest approved by the | 10 | | Department . | 11 | | "Post-injection" means after the captured CO2 gas has been | 12 | | successfully injected into the wellhead at the point at which | 13 | | the captured CO2 gas is transferred into the wellbore for | 14 | | carbon sequestration and storage into the Mount Simon | 15 | | Formation. | 16 | | "Pre-injection" means all activities and occurrences prior | 17 | | to successful delivery into the wellhead at the point at which | 18 | | the captured CO2 gas is transferred into the wellbore for | 19 | | carbon sequestration and storage into the Mount Simon | 20 | | Formation, including but not limited to, the operation of the | 21 | | FutureGen Project. | 22 | | "Public liability" means any civil legal liability arising | 23 | | out of or resulting from the storage, escape, release, or | 24 | | migration of the post-injection sequestered CO2 gas that was | 25 | | injected by the Operator and for which title is transferred to | 26 | | the State pursuant to Section 20 of this Act during the |
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| 1 | | operation of the FutureGen Project by the FutureGen Alliance . | 2 | | The term "public liability", however, does not include any | 3 | | legal liability arising out of or resulting from the | 4 | | construction, operation, or other pre-injection activity of | 5 | | the Operator or any other third party . | 6 | | "Public liability action" or "action" means a written | 7 | | demand, lawsuit, or claim from any third party received by the | 8 | | Operator seeking a remedy or alleging liability on behalf of | 9 | | Operator resulting from any public liability. | 10 | | "Sequestered CO2 gas " means the captured CO2 and other | 11 | | chemical constituents from the FutureGen Project operations | 12 | | that is are injected into the Mount Simon Formation by the | 13 | | Operator .
| 14 | | (Source: P.A. 95-18, eff. 7-30-07.) | 15 | | (20 ILCS 1107/998) | 16 | | (Section scheduled to be repealed on December 31, 2010)
| 17 | | Sec. 998. Repeal. This Act is repealed on March 1, 2011 | 18 | | December 31, 2010 unless the FutureGen Project has been located | 19 | | at either the Mattoon or Tuscola site in Illinois .
| 20 | | (Source: P.A. 95-18, eff. 7-30-07.)
| 21 | | Section 99. Effective date. This Act takes effect upon | 22 | | becoming law.
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