Bill Amendment: IL HB0569 | 2023-2024 | 103rd General Assembly
NOTE: For additional amemendments please see the Bill Drafting List
Bill Title: REGULATION-TECH
Status: 2024-04-19 - House Floor Amendment No. 1 Rule 19(c) / Re-referred to Rules Committee [HB0569 Detail]
Download: Illinois-2023-HB0569-House_Amendment_001.html
Bill Title: REGULATION-TECH
Status: 2024-04-19 - House Floor Amendment No. 1 Rule 19(c) / Re-referred to Rules Committee [HB0569 Detail]
Download: Illinois-2023-HB0569-House_Amendment_001.html
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1 | AMENDMENT TO HOUSE BILL 569 | ||||||
2 | AMENDMENT NO. ______. Amend House Bill 569 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 1. Short title. This Act may be cited as the | ||||||
5 | Climate and Landowner Protection Act.
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6 | Section 5. Statement of policy. The General Assembly finds | ||||||
7 | that it is in the public interest to promote the permanent | ||||||
8 | underground sequestration of carbon dioxide. Underground | ||||||
9 | sequestration of carbon dioxide benefits the citizens of this | ||||||
10 | State by reducing greenhouse gas emissions and by supporting | ||||||
11 | jobs and economic development in local communities. This State | ||||||
12 | has geology that is particularly well suited for underground | ||||||
13 | sequestration of carbon dioxide, as demonstrated by the | ||||||
14 | presence of the first commercial-scale carbon sequestration | ||||||
15 | project in the United States. Therefore, it is the policy of | ||||||
16 | this State to promote the use and employment of technologies |
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1 | that enable the capture of carbon dioxide for the purpose of | ||||||
2 | storing the carbon dioxide underground in a permanent manner.
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3 | Section 10. Applicability. This Act applies to the | ||||||
4 | underground sequestration of carbon dioxide.
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5 | Section 15. Definitions. As used in this Act: | ||||||
6 | "Affected pore space owner" means (1) a pore space owner | ||||||
7 | who does not agree to integrate the pore space owner's | ||||||
8 | interests into a sequestration facility and is required to do | ||||||
9 | so by an order issued by the Department in accordance with | ||||||
10 | Section 25 and (2) any other pore space owner within the | ||||||
11 | sequestration facility who has not granted surface access to | ||||||
12 | the sequestration operator. | ||||||
13 | "Agency" means the Illinois Environmental Protection | ||||||
14 | Agency. | ||||||
15 | "Applicable underground injection control program" means, | ||||||
16 | for each Class VI injection well, the program provided by the | ||||||
17 | federal Safe Drinking Water Act for that class of well in this | ||||||
18 | State, including, but not limited to, the most recent | ||||||
19 | amendments to that program. | ||||||
20 | "Carbon dioxide" means the chemical compound that is | ||||||
21 | composed of one carbon atom and 2 oxygen atoms. | ||||||
22 | "Carbon dioxide pipeline" has the meaning given in Section | ||||||
23 | 10 of the Carbon Dioxide Transportation and Sequestration Act. | ||||||
24 | "Carbon dioxide plume" means the subsurface, 3-dimensional |
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1 | extent of an injected carbon dioxide stream. | ||||||
2 | "Carbon dioxide stream" means carbon dioxide that has been | ||||||
3 | captured from an emission source or the atmosphere and | ||||||
4 | incidental associated substances derived from the source | ||||||
5 | materials and the capture process, as well as any substances | ||||||
6 | added to the stream to enable or improve the injection | ||||||
7 | process. "Carbon dioxide stream" does not include any carbon | ||||||
8 | dioxide stream that is "hazardous waste" as defined in 40 CFR | ||||||
9 | 261. | ||||||
10 | "Class VI injection well" means a well that is used to | ||||||
11 | inject one or more carbon dioxide streams into a sequestration | ||||||
12 | facility under a Class VI well permit. | ||||||
13 | "Class VI well permit" means a Class VI well permit issued | ||||||
14 | under the applicable underground injection control program | ||||||
15 | that allows a person, trust, corporation, or other entity to | ||||||
16 | inject one or more carbon dioxide streams for underground | ||||||
17 | sequestration of carbon dioxide. | ||||||
18 | "Department" means the Department of Natural Resources. | ||||||
19 | "Mineral lessee" means a lessee who is identified, by the | ||||||
20 | records of the recorder of deeds for each county containing a | ||||||
21 | portion of a proposed or permitted sequestration facility, as | ||||||
22 | a person who holds an interest that has been severed from the | ||||||
23 | surface estate by grant, exception, reservation, lease, or any | ||||||
24 | other means in minerals that are located on real property | ||||||
25 | above, below, or within the proposed or permitted | ||||||
26 | sequestration facility. "Mineral lessee" includes a person who |
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1 | is identified as a successor to a mineral lessee by the records | ||||||
2 | of the recorder of deeds. | ||||||
3 | "Mineral owner" means an owner who is identified, by the | ||||||
4 | records of the recorder of deeds for each county containing a | ||||||
5 | portion of a proposed or permitted sequestration facility, as | ||||||
6 | a person who holds an interest that has been severed from the | ||||||
7 | surface estate by grant, exception, reservation, lease, or any | ||||||
8 | other means in minerals that are located on real property | ||||||
9 | above, below, or within the proposed or permitted | ||||||
10 | sequestration facility. "Mineral owner" includes a person who | ||||||
11 | is identified as a successor to a mineral owner by the records | ||||||
12 | of the recorder of deeds. | ||||||
13 | "Pore space" means subsurface cavities or voids that can | ||||||
14 | be used as containment for underground sequestration of carbon | ||||||
15 | dioxide. | ||||||
16 | "Pore space owner" means, with respect to any parcel of | ||||||
17 | property, the surface owner as set forth in subsection (a) of | ||||||
18 | Section 20. | ||||||
19 | "Project labor agreement" means a pre-hire collective | ||||||
20 | bargaining agreement that covers all terms and conditions of | ||||||
21 | employment on a specific construction project and includes the | ||||||
22 | following: | ||||||
23 | (1) provisions establishing the minimum hourly wage | ||||||
24 | for each class of labor organization employee; | ||||||
25 | (2) provisions establishing the benefits and other | ||||||
26 | compensation for each class of labor organization |
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1 | employee; | ||||||
2 | (3) provisions establishing that no strike or disputes | ||||||
3 | will be engaged in by the labor organization employees; | ||||||
4 | (4) provisions establishing that no lockout or | ||||||
5 | disputes will be engaged in by the general contractor | ||||||
6 | building the project; | ||||||
7 | (5) provisions permitting the selection of the lowest | ||||||
8 | qualified responsible bidder, without regard to union or | ||||||
9 | non-union status at other construction sites; and | ||||||
10 | (6) provisions setting forth goals for apprenticeship | ||||||
11 | hours to be performed by minorities and women, as defined | ||||||
12 | under the Business Enterprise for Minorities, Women, and | ||||||
13 | Persons with Disabilities Act, and setting forth goals for | ||||||
14 | total hours to be performed by minorities and women. | ||||||
15 | "Property Index Number" has the meaning given in Section | ||||||
16 | 1-120 of the Property Tax Code. | ||||||
17 | "Property interest owner" means a person who is | ||||||
18 | identified, by the records of the recorder of deeds for each | ||||||
19 | county containing a portion of the proposed sequestration | ||||||
20 | facility or sequestration facility, as a person who holds a | ||||||
21 | fee simple interest, easement, other freehold interest, or | ||||||
22 | leasehold in the surface or subsurface of the property, which | ||||||
23 | may include mineral rights. "Property interest owner" includes | ||||||
24 | a person who is identified as a successor to a property | ||||||
25 | interest owner by the records of the recorder of deeds. | ||||||
26 | "Proposed sequestration facility" means a subsurface |
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1 | sedimentary stratum, formation, aquifer, cavity, or void that | ||||||
2 | is naturally or artificially created, or is capable of being | ||||||
3 | made suitable for receiving and containing a carbon dioxide | ||||||
4 | plume for a long term, as delineated by computational modeling | ||||||
5 | for a Class VI well permit application, and that a | ||||||
6 | sequestration facility permit applicant proposes to develop as | ||||||
7 | a sequestration facility for the underground sequestration of | ||||||
8 | carbon dioxide. "Proposed sequestration facility" does not | ||||||
9 | include an application for the modification of a sequestration | ||||||
10 | facility permit. | ||||||
11 | "Sequestration facility" means the subsurface volume and | ||||||
12 | confining zone capable of receiving and containing a carbon | ||||||
13 | dioxide plume for a long term, as delineated by computational | ||||||
14 | modeling for an approved Class VI well permit or an amendment | ||||||
15 | to a Class VI well permit of a sequestration operator. | ||||||
16 | "Sequestration operator" means a person, trust, | ||||||
17 | corporation, or other entity that operates at least one Class | ||||||
18 | VI injection well and a sequestration facility. | ||||||
19 | "Surface owner" means the fee simple owner of the surface | ||||||
20 | estate of a parcel of property who is identified by the records | ||||||
21 | of the recorder of deeds for a county. "Surface owner" | ||||||
22 | includes a person who is identified as a successor to a surface | ||||||
23 | owner by the records of the recorder of deeds. | ||||||
24 | "Underground sequestration of carbon dioxide" means the | ||||||
25 | injection of one or more carbon dioxide streams into | ||||||
26 | underground geologic formations under at least one Class VI |
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1 | well permit for long-term sequestration.
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2 | Section 20. Pore space ownership. | ||||||
3 | (a) As to any parcel of property, title to the pore space | ||||||
4 | located below the surface thereof is hereby vested in the | ||||||
5 | surface owner of the overlying surface estate subject to | ||||||
6 | existing rights. | ||||||
7 | (b) A conveyance of title to the surface estate conveys | ||||||
8 | title to the pore space in all strata underlying the surface | ||||||
9 | estate subject to existing rights. | ||||||
10 | (c) Title to pore space may not be severed from the surface | ||||||
11 | estate. An instrument or arrangement that seeks to sever title | ||||||
12 | to pore space from title to the parcel of property is void as | ||||||
13 | to the severance of the pore space from the surface interest. | ||||||
14 | Nothing in this Section affects transactions completed before | ||||||
15 | the effective date of this Act. | ||||||
16 | (d) Neither a grant of an easement to use pore space nor a | ||||||
17 | lease of pore space is a severance prohibited by subsection | ||||||
18 | (c). | ||||||
19 | (e) Neither the grant of an easement to use pore space nor | ||||||
20 | the lease of pore space confers any right to enter upon or | ||||||
21 | otherwise use the surface of the parcel of property unless the | ||||||
22 | grant of easement or the lease expressly so provides. | ||||||
23 | (f) Nothing in this Section shall be construed to change | ||||||
24 | or alter the common law existing as of the effective date of | ||||||
25 | this Act as it relates to the rights belonging to, or the |
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1 | dominance of, the mineral estate.
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2 | Section 25. Integration and unitization of ownership | ||||||
3 | interests. | ||||||
4 | (a) If at least 2 pore space owners own pore space located | ||||||
5 | within a proposed sequestration facility, the owners may agree | ||||||
6 | to integrate the owners' interests to develop the pore space | ||||||
7 | as a proposed sequestration facility for the underground | ||||||
8 | sequestration of carbon dioxide. | ||||||
9 | (b) If all of the pore space owners within a proposed or | ||||||
10 | permitted sequestration facility do not agree to integrate the | ||||||
11 | pore space owners' interests, a sequestration operator or | ||||||
12 | sequestration facility permit holder may petition the | ||||||
13 | Department to issue an order requiring the pore space owners | ||||||
14 | to integrate their interests and authorizing the sequestration | ||||||
15 | operator or sequestration facility permit holder to develop | ||||||
16 | and use the integrated pore space as a sequestration facility | ||||||
17 | for the underground sequestration of carbon dioxide to serve | ||||||
18 | the public interest subject to subsection (c). The petition | ||||||
19 | shall include, but is not limited to: | ||||||
20 | (1) the name and address of the petitioners; | ||||||
21 | (2) the Property Index Numbers or legal descriptions | ||||||
22 | for the parcels of property and a geologic description of | ||||||
23 | the pore space within the proposed or permitted | ||||||
24 | sequestration facility; | ||||||
25 | (3) the names and addresses of all pore space owners |
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1 | owning property within the proposed or permitted | ||||||
2 | sequestration facility as disclosed by the records of the | ||||||
3 | office of the recorder for the county or counties in which | ||||||
4 | the proposed or permitted sequestration facility is | ||||||
5 | situated and a list of the pore space owners who have not | ||||||
6 | agreed to integrate their interests; | ||||||
7 | (4) a statement that the petitioner has exercised due | ||||||
8 | diligence to locate each pore space owner and to seek an | ||||||
9 | agreement with each for pore space rights for the | ||||||
10 | sequestration facility; | ||||||
11 | (5) a statement of the type of operations for the | ||||||
12 | proposed or permitted sequestration facility; | ||||||
13 | (6) a plan for determining the quantity of pore space | ||||||
14 | sequestration capacity to be assigned to each separately | ||||||
15 | owned parcel of property based on the surface area acreage | ||||||
16 | overlying the proposed or permitted sequestration facility | ||||||
17 | and for using the surface for Class VI well permit | ||||||
18 | required activities under Section 35; | ||||||
19 | (7) the method by which pore space owners will be | ||||||
20 | equitably compensated for use of the pore space; and | ||||||
21 | (8) a nonrefundable application fee of $2,500. | ||||||
22 | (c) The Department, upon the petition to issue an order to | ||||||
23 | integrate the owners' interests and allow unitization in a | ||||||
24 | proposed or permitted sequestration facility, shall fix a time | ||||||
25 | and place for a public hearing within 90 days. The Department, | ||||||
26 | at the petitioner's expense, shall give notice of such hearing |
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1 | under this Section prior to the hearing by: | ||||||
2 | (1) mailing such notice by certified mail, return | ||||||
3 | receipt requested, directed to the persons named in the | ||||||
4 | petition at their last known addresses at least 30 days | ||||||
5 | before the hearing; and | ||||||
6 | (2) publishing such notice once each week for 2 | ||||||
7 | consecutive weeks, with the first notice appearing at | ||||||
8 | least 30 days before the hearing in a newspaper of general | ||||||
9 | circulation that is published in each county containing | ||||||
10 | some portion of the proposed or permitted sequestration | ||||||
11 | facility. | ||||||
12 | (d) All notices for public hearings under this Section | ||||||
13 | shall be issued in the name of the State of Illinois and shall | ||||||
14 | be signed by the Director of Natural Resources. The notices | ||||||
15 | shall specify the number and style of the proceedings, the | ||||||
16 | time and place of the hearing, that the sole purpose of the | ||||||
17 | hearing is for the integration of pore space for the operation | ||||||
18 | of a sequestration facility, the name of the petitioners, and | ||||||
19 | Property Index Numbers or legal descriptions of the parcels of | ||||||
20 | property contained within the proposed or permitted | ||||||
21 | sequestration facility. | ||||||
22 | (e) The Department shall issue an order integrating pore | ||||||
23 | space under subsection (b) within 60 days after the hearing | ||||||
24 | upon a showing that: | ||||||
25 | (1) the petitioner has obtained a Class VI well permit | ||||||
26 | or, if the well permit application is still pending at |
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1 | least one year from the date the application has been | ||||||
2 | filed, that the petitioner has received a Finding of | ||||||
3 | Administrative Completeness from the applicable | ||||||
4 | underground injection control program; | ||||||
5 | (2) the petitioner has made a good faith effort to | ||||||
6 | seek an agreement with all pore space owners located | ||||||
7 | within the proposed or permitted sequestration facility; | ||||||
8 | (3) the petitioner has obtained the rights from pore | ||||||
9 | space owners of pore space underlying at least 71% of the | ||||||
10 | surface area above the proposed or permitted sequestration | ||||||
11 | facility; and | ||||||
12 | (4) all pore space owners who do not agree to | ||||||
13 | integrate their interests to operate the pore space as a | ||||||
14 | proposed or permitted sequestration facility for the | ||||||
15 | underground sequestration of carbon dioxide are or will be | ||||||
16 | equitably compensated for use of the pore space and use of | ||||||
17 | the surface for Class VI well permit required activities | ||||||
18 | in accordance with Section 35. | ||||||
19 | (f) The Department's order under this Section is not | ||||||
20 | effective until the petitioner has been issued a Class VI well | ||||||
21 | permit from the applicable underground injection control | ||||||
22 | program.
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23 | Section 30. Sequestration facility permits. | ||||||
24 | (a) Sequestration facility permits have the following | ||||||
25 | requirements: |
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1 | (1) Except as provided in Section 75, a sequestration | ||||||
2 | operator may not operate a sequestration facility in this | ||||||
3 | State without: | ||||||
4 | (A) a Class VI well permit; and | ||||||
5 | (B) a valid sequestration facility permit. | ||||||
6 | (2) Each intended sequestration operator of a proposed | ||||||
7 | sequestration facility must obtain a sequestration | ||||||
8 | facility permit. A sequestration facility permit may be | ||||||
9 | transferred or assigned from one sequestration operator to | ||||||
10 | another sequestration operator with notice to the | ||||||
11 | Department, which may adopt rules governing such | ||||||
12 | transfers. | ||||||
13 | (3) Applications for a sequestration facility permit | ||||||
14 | shall be filed with the Department in the form and manner | ||||||
15 | prescribed by the Department. | ||||||
16 | (4) An application under paragraph (3) of this | ||||||
17 | subsection must include: | ||||||
18 | (A) a filing fee of $1,000; | ||||||
19 | (B) the signature of the applicant; | ||||||
20 | (C) a statement verifying that the information | ||||||
21 | submitted is true, accurate, and complete to the best | ||||||
22 | of the applicant's knowledge; | ||||||
23 | (D) a statement that the interests of mineral | ||||||
24 | lessees or mineral owners will not be adversely | ||||||
25 | affected; | ||||||
26 | (E) documentation describing the scope of the |
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1 | proposed sequestration facility; | ||||||
2 | (F) information on the seismic history including | ||||||
3 | the presence and depth of seismic sources; and | ||||||
4 | (G) an estimate of the amount of carbon dioxide to | ||||||
5 | be injected into a proposed sequestration facility. | ||||||
6 | If a mineral owner or mineral lessee demonstrates a | ||||||
7 | potential for adverse effects, the mineral owner or mineral | ||||||
8 | lessee and the applicant may enter into an agreement or the | ||||||
9 | applicant, mineral owner, or mineral lessee may request the | ||||||
10 | Department to establish sequestration facility permit | ||||||
11 | conditions to mitigate potential adverse effects to the | ||||||
12 | interests of a mineral lessee or mineral owner. | ||||||
13 | (b) The following procedural requirements apply to | ||||||
14 | applications for sequestration facility permits: | ||||||
15 | (1) The Department shall review an application | ||||||
16 | submitted under paragraph (3) of subsection (a) for | ||||||
17 | completeness within 30 days of receipt. If the Department | ||||||
18 | determines that the application is incomplete, inaccurate, | ||||||
19 | or both, the Department shall promptly return the | ||||||
20 | application to the applicant with a written explanation of | ||||||
21 | any deficiencies. Otherwise, the Department shall promptly | ||||||
22 | notify the applicant in writing that the application is | ||||||
23 | complete. | ||||||
24 | (2) If the Department returns an application to an | ||||||
25 | applicant under paragraph (1) of this subsection, the | ||||||
26 | Department shall inform the applicant of the right to file |
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1 | a corrected application with the Department. Upon | ||||||
2 | receiving any corrected application, the Department shall | ||||||
3 | review the application for completeness within 30 days. If | ||||||
4 | the Department determines that the corrected application | ||||||
5 | remains incomplete, inaccurate, or both, the Department | ||||||
6 | shall promptly return the application to the applicant | ||||||
7 | with a written explanation of any deficiencies and an | ||||||
8 | opportunity to resubmit another corrected application to | ||||||
9 | the Department under this paragraph (2). Otherwise, the | ||||||
10 | Department shall promptly notify the applicant in writing | ||||||
11 | that the application is complete. | ||||||
12 | (3) Upon receiving notification that the application | ||||||
13 | or corrected application is complete, the applicant shall: | ||||||
14 | (A) not more than 60 days after receiving the | ||||||
15 | notice that the application or corrected application | ||||||
16 | is complete: | ||||||
17 | (i) place a copy of the application in a | ||||||
18 | public library located in each county in which the | ||||||
19 | sequestration facility is proposed to be located | ||||||
20 | for public inspection; | ||||||
21 | (ii) publish notice under the Notice By | ||||||
22 | Publication Act in each county in which the | ||||||
23 | sequestration facility is proposed to be located | ||||||
24 | and the name and address of each library in which a | ||||||
25 | copy of the application is placed as required by | ||||||
26 | subdivision (i); and |
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1 | (iii) provide mailed notice to each known and | ||||||
2 | locatable surface owner within the proposed | ||||||
3 | sequestration facility; and | ||||||
4 | (B) not more than 30 days after the publication of | ||||||
5 | the notice under subdivision (ii) of subparagraph (A), | ||||||
6 | provide to the Department proof of publication of | ||||||
7 | notice. | ||||||
8 | (4) Not later than 90 days after receiving proof of | ||||||
9 | publication of notice under subparagraph (B) of paragraph | ||||||
10 | (3), the Department shall notify the applicant in writing | ||||||
11 | that the Department has either approved or denied the | ||||||
12 | application with an explanation of the reasons for any | ||||||
13 | denial. | ||||||
14 | (c) If a sequestration facility permit applicant satisfies | ||||||
15 | the requirements of subsection (a) and subsection (b), the | ||||||
16 | Department shall issue a sequestration facility permit to the | ||||||
17 | applicant within 60 days, which shall be effective upon | ||||||
18 | issuance. | ||||||
19 | (d) The Department may adopt rules for the data | ||||||
20 | acquisition necessary to allow the Department to determine | ||||||
21 | whether there is a potential risk that carbon dioxide | ||||||
22 | injection at a proposed or permitted sequestration facility | ||||||
23 | will trigger a seismic event sufficient to compromise | ||||||
24 | subsurface containment. | ||||||
25 | (e) If a sequestration facility permit applicant | ||||||
26 | identifies information as trade secret or confidential and |
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1 | proprietary information in its permit application, the | ||||||
2 | Department shall take all necessary precautions to avoid | ||||||
3 | public disclosure of that information, as set forth in the | ||||||
4 | Illinois Freedom of Information Act. | ||||||
5 | If anyone other than the sequestration facility permit | ||||||
6 | applicant files with the Department a request for release of | ||||||
7 | the confidential information identified in subsection (d), | ||||||
8 | including a statement of the reasons that the information | ||||||
9 | should be disclosed, the Department shall consult with the | ||||||
10 | sequestration facility permit applicant. The Department may | ||||||
11 | release information identified in subsection (d) only if the | ||||||
12 | sequestration facility permit applicant consents.
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13 | Section 35. Surface access for pore space owners. If a | ||||||
14 | sequestration operator must enter upon the surface property of | ||||||
15 | an affected pore space owner to comply with Class VI well | ||||||
16 | permit requirements for the purposes of monitoring a | ||||||
17 | sequestration facility or to respond to an emergency causing | ||||||
18 | immediate risk to human health, environmental resources, or | ||||||
19 | infrastructure, any such Class VI well permit required | ||||||
20 | activity must be undertaken in such a way as to minimize the | ||||||
21 | impact to the surface of the parcel of property and to ensure | ||||||
22 | that the following requirements are met: | ||||||
23 | (1) The Class VI well permit required activity shall | ||||||
24 | be limited to surface monitoring activities, such as | ||||||
25 | geophysical surveys, but does not include the installation |
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1 | of surface infrastructure except as provided in paragraphs | ||||||
2 | (2) and (3). | ||||||
3 | (2) Shallow groundwater monitoring wells shall be | ||||||
4 | allowed to be installed on such property only if the | ||||||
5 | carbon dioxide plume may have unexpectedly migrated and | ||||||
6 | the applicable underground injection control program for | ||||||
7 | the Class VI injection well requires monitoring of | ||||||
8 | groundwater for potential carbon dioxide impact. | ||||||
9 | (3) Injection wells, deep monitoring wells, and | ||||||
10 | surface infrastructure other than shallow groundwater | ||||||
11 | monitoring wells as allowed by paragraph (2) will not be | ||||||
12 | located on the parcel of property of an affected pore | ||||||
13 | space owner without the express written consent of such | ||||||
14 | owner.
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15 | Section 40. Notice for surface access. Except in an | ||||||
16 | emergency causing immediate risk to human health, | ||||||
17 | environmental resources, or infrastructure, a sequestration | ||||||
18 | operator with a valid Class VI well permit shall not enter upon | ||||||
19 | the surface property for purposes of Class VI well permit | ||||||
20 | required activities of any affected pore space owner until 30 | ||||||
21 | days after providing written notice to the affected pore space | ||||||
22 | owner by registered mail and after providing a second notice | ||||||
23 | to the pore space owner of record, as identified in the records | ||||||
24 | of the relevant county tax assessor, by telephone or email or | ||||||
25 | by registered mail in the event the property owner has not been |
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1 | notified by other means, at least 3 days, but not more than 15 | ||||||
2 | days, prior to the stated date in the notice, identifying the | ||||||
3 | date when access will first begin on the owner's property and | ||||||
4 | informing the affected pore space owner that the owner or the | ||||||
5 | owner's agent may be present when the access occurs.
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6 | Section 45. Compensation for damages to the surface. | ||||||
7 | (a) An affected pore space owner is entitled to reasonable | ||||||
8 | compensation from the sequestration operator for damages | ||||||
9 | resulting from surface access to the affected pore space | ||||||
10 | owner's property for Class VI well permit required activities, | ||||||
11 | including: | ||||||
12 | (1) compensation for damage to growing crops, trees, | ||||||
13 | shrubs, fences, roads, structures, improvements, personal | ||||||
14 | property, and livestock thereon and compensation for the | ||||||
15 | loss of the value of a commercial crop impacted by Class VI | ||||||
16 | well permit activities by the sequestration operator; the | ||||||
17 | value of the crop shall be calculated based on local | ||||||
18 | market price by: | ||||||
19 | (A) determining the average per acre yield for the | ||||||
20 | same crop on comparable adjacent acreage; | ||||||
21 | (B) determining the price received for the sale of | ||||||
22 | the same crop on comparable adjacent acreage; | ||||||
23 | (C) determining the acreage of the area impacted | ||||||
24 | by Class VI well permit activities and applying the | ||||||
25 | determined price; and |
| |||||||
| |||||||
1 | (D) the initial determination of the value of the | ||||||
2 | crop shall be determined by the affected pore space | ||||||
3 | owner and submitted to the sequestration operator; | ||||||
4 | (2) compensation to return the surface estate, | ||||||
5 | including soil conservation practices, such as terraces, | ||||||
6 | grassed waterways, and other conservation practices, to a | ||||||
7 | condition as near as practicable to the condition of the | ||||||
8 | surface prior to accessing the property; | ||||||
9 | (3) compensation for damage to the productive | ||||||
10 | capability of the soil resulting from compaction or | ||||||
11 | rutting, including, but not limited to, compensation for | ||||||
12 | when a sequestration operator accesses a property where | ||||||
13 | excessively wet soil conditions would not allow normal | ||||||
14 | farming operations due to increased risk of soil erosion, | ||||||
15 | rutting, or compaction; if there is a dispute between the | ||||||
16 | sequestration operator and the affected pore space owner | ||||||
17 | regarding the value of the damage to the productive | ||||||
18 | capability of the soil, the sequestration operator shall | ||||||
19 | consult with a representative of the soil and water | ||||||
20 | conservation district in the respective county where the | ||||||
21 | parcel of property is located for recommendations to | ||||||
22 | restore the productive capability of the soil; and | ||||||
23 | (4) compensation for damage to surface and subsurface | ||||||
24 | drainage, including, but not limited to: | ||||||
25 | (A) compensation in that the sequestration | ||||||
26 | operator shall perform immediate and temporary repairs |
| |||||||
| |||||||
1 | for damage that occurs to subsurface drainage tiles | ||||||
2 | that have water actively flowing through them at the | ||||||
3 | time of damage; and | ||||||
4 | (B) compensation such that the sequestration | ||||||
5 | operator shall compensate the affected pore space | ||||||
6 | owner to permanently restore drainage to a condition | ||||||
7 | as near as practicable to the condition of the | ||||||
8 | drainage prior to accessing the property. | ||||||
9 | (b) The compensation for damages required by subsection | ||||||
10 | (a) shall be paid in any manner mutually agreed upon by the | ||||||
11 | sequestration operator and the affected pore space owners. | ||||||
12 | Unless otherwise agreed, the sequestration operator shall | ||||||
13 | tender to the surface owner payment by check or draft in | ||||||
14 | accordance with this Section 45 no later than 60 days after | ||||||
15 | completing the Class VI well permit activities if the | ||||||
16 | occurrence or value of damages is not disputed. The pore space | ||||||
17 | owner's remedy for unpaid or disputed compensation shall be an | ||||||
18 | action for damages in any court of competent jurisdiction for | ||||||
19 | the parcel of property or the greater part thereof on which the | ||||||
20 | Class VI well permit activities were conducted and shall be | ||||||
21 | entitled to recover reasonable damages and attorney's fees if | ||||||
22 | the pore space owner prevails.
| ||||||
23 | Section 50. Fees. | ||||||
24 | (a) Beginning after the adoption of rules under paragraph | ||||||
25 | (4) of subsection (d) of this Section, the sequestration |
| |||||||
| |||||||
1 | operator shall be assessed the following fees at the | ||||||
2 | conclusion of each State fiscal year: | ||||||
3 | (1) a fee of $0.16 for every ton of carbon dioxide | ||||||
4 | injected into the sequestration facility that the | ||||||
5 | sequestration operator operates in that fiscal year to be | ||||||
6 | allocated to the Carbon Dioxide Sequestration | ||||||
7 | Administrative Fund; | ||||||
8 | (2) a fee of $0.04 for every ton of carbon dioxide | ||||||
9 | injected into a sequestration facility in that fiscal year | ||||||
10 | to be allocated to the Carbon Dioxide Sequestration | ||||||
11 | Long-Term Trust Fund; and | ||||||
12 | (3) a fee of $0.01 for every ton of carbon dioxide | ||||||
13 | injected into a sequestration facility in that fiscal year | ||||||
14 | to be deposited into the Carbon Dioxide Local First | ||||||
15 | Responders Fund. | ||||||
16 | (b) The sequestration operator shall be assessed a | ||||||
17 | one-time fee of $1,000 upon approval of a sequestration | ||||||
18 | facility permit to be deposited into the Carbon Dioxide First | ||||||
19 | Responders Fund promptly upon approval of the sequestration | ||||||
20 | facility permit. | ||||||
21 | (c) The fee assessed to the sequestration operator under | ||||||
22 | paragraph (1) of subsection (a) shall be reduced to $0.04 for | ||||||
23 | every ton of carbon dioxide injected into a sequestration | ||||||
24 | facility in that fiscal year if the sequestration operator | ||||||
25 | successfully demonstrates to the Department that the following | ||||||
26 | types of construction and maintenance were conducted in |
| |||||||
| |||||||
1 | Illinois during that fiscal year by the sequestration operator | ||||||
2 | and were performed by contractors and subcontractors signatory | ||||||
3 | to a project labor agreement used by the building and | ||||||
4 | construction trades council with relevant geographic | ||||||
5 | jurisdiction: | ||||||
6 | (1) construction and maintenance of equipment | ||||||
7 | associated with the capture of carbon dioxide, including, | ||||||
8 | but not limited to, all clearing, site preparation, | ||||||
9 | concrete, equipment, and appurtenance installation; | ||||||
10 | (2) construction and maintenance of carbon dioxide | ||||||
11 | pipelines used to transport carbon dioxide streams to the | ||||||
12 | sequestration facility, including, but not limited to, all | ||||||
13 | clearing, site preparation, and site remediation; | ||||||
14 | (3) construction and maintenance of compressor | ||||||
15 | stations used to assist in the transport of carbon dioxide | ||||||
16 | streams via carbon dioxide pipeline, including, but not | ||||||
17 | limited to, all clearing, site preparation, concrete, | ||||||
18 | equipment, and appurtenance installation; and | ||||||
19 | (4) construction of carbon dioxide injection wells | ||||||
20 | used at the sequestration facility, including, but not | ||||||
21 | limited to, all clearing, site preparation, drilling, | ||||||
22 | distribution piping, concrete, equipment, and appurtenance | ||||||
23 | installation. | ||||||
24 | (d) Annual fees imposed under subsection (a) shall be | ||||||
25 | segregated as follows: | ||||||
26 | (1) 50% of the fees assessed under paragraph (1) of |
| |||||||
| |||||||
1 | subsection (a) shall be deposited into the Carbon Dioxide | ||||||
2 | Sequestration Administrative Fund, and 50% of the fees | ||||||
3 | assessed under paragraph (1) of subsection (a) shall be | ||||||
4 | held in escrow by the sequestration operator for the | ||||||
5 | Carbon Dioxide Sequestration Administrative Fund under | ||||||
6 | rules adopted by the Department. | ||||||
7 | (2) 100% of the fees assessed by paragraph (2) of | ||||||
8 | subsection (a) shall be held in escrow by the | ||||||
9 | sequestration operator for the Carbon Dioxide Long-Term | ||||||
10 | Trust Fund under rules adopted by the Department. | ||||||
11 | (3) The funds held in escrow by the sequestration | ||||||
12 | operator pursuant to paragraph (1) and (2) shall not be | ||||||
13 | deemed funds of the sequestration operator unless and | ||||||
14 | until refunded to the sequestration operator under | ||||||
15 | subsection (e) below and shall instead be deemed funds | ||||||
16 | escrowed for the sole favor of the Department to be used | ||||||
17 | solely at the direction of the Department pursuant to the | ||||||
18 | terms of this Act and the rules adopted by the Department | ||||||
19 | in connection therewith. | ||||||
20 | (4) The Department shall, within one year after the | ||||||
21 | date of this Act, adopt rules with respect to the escrows | ||||||
22 | to be established under paragraphs (1) and (2). Such rules | ||||||
23 | may require deposit of additional (a)(1) funds into the | ||||||
24 | Carbon Dioxide Sequestration Administrative Fund as needed | ||||||
25 | to meet the requirements of the Act, provided that such | ||||||
26 | rules shall permit and establish requirements regarding |
| |||||||
| |||||||
1 | investment of the escrowed funds. | ||||||
2 | (e) Upon site closure of the Class VI injection wells, all | ||||||
3 | moneys accumulated by the sequestration operator in escrow | ||||||
4 | pursuant to paragraphs (1) and (2) of subsection (d) in | ||||||
5 | relation to such wells shall be deposited into the Carbon | ||||||
6 | Dioxide Long-Term Trust Fund. The total amount deposited shall | ||||||
7 | not exceed the anticipated cost of oversight and management | ||||||
8 | following closure of the sequestration facility and associated | ||||||
9 | Class VI injection wells, as determined by the Department. Any | ||||||
10 | moneys remaining in the escrow in excess of the anticipated | ||||||
11 | cost shall be refunded promptly to the sequestration operator. | ||||||
12 | (f) The Department may modify, by rule, the fee amounts | ||||||
13 | authorized by paragraph (1) of subsection (a) to ensure that | ||||||
14 | sufficient resources exist to achieve the requirements of this | ||||||
15 | Act. Changes must be based on the anticipated costs to the | ||||||
16 | Department of carrying out the requirements of the Act. | ||||||
17 | (g) If the Department modifies the fee amounts established | ||||||
18 | in this Section, the fees assessed for the Carbon Dioxide | ||||||
19 | Sequestration Administration Fund shall maintain a 4 times | ||||||
20 | higher per ton fee when the storage operator does not | ||||||
21 | demonstrate paragraphs (1), (2), (3), and (4) of subsection | ||||||
22 | (c) to the Department.
| ||||||
23 | Section 55. Funds. | ||||||
24 | (a) The Carbon Dioxide Sequestration Administrative Fund | ||||||
25 | is hereby created as a special fund within the State treasury |
| |||||||
| |||||||
1 | to be administered by the Department. Moneys in the Fund may be | ||||||
2 | used: | ||||||
3 | (1) to defray expenses incurred by the Department for | ||||||
4 | the regulation of sequestration facilities during their | ||||||
5 | construction, operational, and post-injection phases; | ||||||
6 | (2) to transfer funds to the Agency or other State | ||||||
7 | agencies for the purpose of implementing and enforcing the | ||||||
8 | applicable underground injection control program for Class | ||||||
9 | VI injection wells; or | ||||||
10 | (3) if the Carbon Dioxide Long-Term Trust Fund becomes | ||||||
11 | depleted, to defray expenses incurred by the Department | ||||||
12 | for the long-term monitoring and management of | ||||||
13 | sequestration facilities after the Department issues a | ||||||
14 | certificate of project completion. | ||||||
15 | (b) The Carbon Dioxide Sequestration Long-Term Trust Fund | ||||||
16 | is hereby created as a special fund within the State treasury | ||||||
17 | to be administered by the Department. Moneys in the Carbon | ||||||
18 | Dioxide Sequestration Long-Term Trust Fund may only be used to | ||||||
19 | defray expenses incurred by the Department for the long-term | ||||||
20 | monitoring and management of sequestration facilities in this | ||||||
21 | State, after site closure of the Class VI injection wells. | ||||||
22 | Expenses may include response to any liabilities associated | ||||||
23 | with the sequestration facility and sequestered carbon dioxide | ||||||
24 | after the Department issues a certificate of project | ||||||
25 | completion. | ||||||
26 | (c) There is hereby created the Carbon Dioxide Local First |
| |||||||
| |||||||
1 | Responders Fund to be a fund locally held by the Department | ||||||
2 | outside of the State treasury and administered by the | ||||||
3 | Department. The fund is created to make grants to counties and | ||||||
4 | local municipalities to provide training and support emergency | ||||||
5 | preparedness services to local first responders for localities | ||||||
6 | where sequestration facilities or carbon dioxide pipelines are | ||||||
7 | located and to defray expenses of local first responders in | ||||||
8 | responding to emergencies at sequestration facilities or | ||||||
9 | carbon dioxide pipelines. Grants to support local first | ||||||
10 | responders may be used for: | ||||||
11 | (1) preparing emergency response plans; | ||||||
12 | (2) conducting training and preparing training | ||||||
13 | materials for first responders, residents, businesses, and | ||||||
14 | other local entities; and | ||||||
15 | (3) obtaining equipment for first responders, | ||||||
16 | including personal protective equipment.
| ||||||
17 | Section 60. Requirements for drilling near a sequestration | ||||||
18 | facility. | ||||||
19 | (a) Anyone intending to drill a well shall provide written | ||||||
20 | notice to a sequestration operator at least 30 days before | ||||||
21 | drilling a well if the well will be no more than: | ||||||
22 | (1) 330 feet from the surface location of a Class VI | ||||||
23 | injection well; or | ||||||
24 | (2) 500 feet from the uppermost confining zone of a | ||||||
25 | sequestration facility. |
| |||||||
| |||||||
1 | (b) A well drilled under subsection (a) must be drilled in | ||||||
2 | compliance with the requirements of: | ||||||
3 | (1) the Department to preserve the integrity of the | ||||||
4 | sequestration facility; | ||||||
5 | (2) a well permit issued by the Department or the | ||||||
6 | applicable underground injection program; and | ||||||
7 | (3) any other applicable rules. | ||||||
8 | (c) The Department shall not authorize any well drilled | ||||||
9 | under subsection (a) without either: | ||||||
10 | (1) the consent of the sequestration operator; or | ||||||
11 | (2) if an agreement cannot be reached, an order from | ||||||
12 | the Department, following public hearing, determining that | ||||||
13 | the activity under subsection (a) will not adversely | ||||||
14 | affect the sequestration facility. | ||||||
15 | (d) The rules adopted pursuant to this Section 60 shall | ||||||
16 | establish procedures requiring coordination between anyone | ||||||
17 | intending to drill a well under subsection (a) and potentially | ||||||
18 | affected sequestration operators or sequestration facilities.
| ||||||
19 | Section 65. Applicability of certain tort claims. | ||||||
20 | (a) A private claim shall not be actionable against a | ||||||
21 | sequestration operator who is conducting or has conducted | ||||||
22 | underground sequestration of carbon dioxide in accordance with | ||||||
23 | a valid Class VI well permit unless the claimant proves that | ||||||
24 | injection or migration of carbon dioxide (1) constitutes a | ||||||
25 | private nuisance in State common law and (2) has caused |
| |||||||
| |||||||
1 | physical injury to a person, animal, or tangible property. | ||||||
2 | (b) A private claimant shall only be permitted to recover | ||||||
3 | money damages under subsection (a) for nonspeculative tangible | ||||||
4 | losses. | ||||||
5 | (c) A private claimant may seek punitive damages in | ||||||
6 | accordance with Section 2-604.1 of the Code of Civil Procedure | ||||||
7 | only if the sequestration operator knowingly or willfully | ||||||
8 | violates the requirements of a Class VI well permit and acts | ||||||
9 | with reckless disregard for public safety.
| ||||||
10 | Section 70. Certification of project completion. | ||||||
11 | (a) Upon application from a sequestration operator, the | ||||||
12 | Department shall consider whether each of the following | ||||||
13 | factors is satisfied in determining whether to issue a | ||||||
14 | certificate of project completion. The Department shall issue | ||||||
15 | the certificate if the Department finds that the sequestration | ||||||
16 | operator: | ||||||
17 | (1) is in compliance with applicable laws governing | ||||||
18 | the sequestration facility; | ||||||
19 | (2) shows that the sequestration facility is | ||||||
20 | reasonably expected to retain the carbon dioxide stored | ||||||
21 | therein; | ||||||
22 | (3) shows that any long-term monitoring wells, | ||||||
23 | equipment, and facilities intended for future use after | ||||||
24 | the closure period are in good condition and retain | ||||||
25 | mechanical integrity; |
| |||||||
| |||||||
1 | (4) shows that injection wells have been plugged; | ||||||
2 | (5) shows that equipment and facilities, not including | ||||||
3 | fixed structures and long-term monitoring equipment and | ||||||
4 | wells intended for future use, have been removed; and | ||||||
5 | (6) shows the following with respect to site closure: | ||||||
6 | (A) the sequestration operator has provided a | ||||||
7 | notice of intent for site closure to the applicable | ||||||
8 | underground injection control program; | ||||||
9 | (B) site closure has been authorized by the | ||||||
10 | applicable underground injection control program; and | ||||||
11 | (C) the sequestration operator has provided to the | ||||||
12 | applicable underground injection control program the | ||||||
13 | required site closure report. | ||||||
14 | (b) Not later than 90 days after receiving an application | ||||||
15 | from the sequestration operator, the Department shall either: | ||||||
16 | (1) issue a certificate of project completion; or | ||||||
17 | (2) if the Department determines that the application | ||||||
18 | for a certificate of project completion is incomplete, | ||||||
19 | inaccurate, or both, promptly return the application to | ||||||
20 | the sequestration operator with a written explanation of | ||||||
21 | any deficiencies. | ||||||
22 | (c) If the Department returns the application to the | ||||||
23 | sequestration operator under subsection (b), the Department | ||||||
24 | shall inform the sequestration operator of the right to file a | ||||||
25 | corrected application with the Department. Upon receiving any | ||||||
26 | corrected application, the Department shall take action on the |
| |||||||
| |||||||
1 | application in accordance with subsection (b). | ||||||
2 | (d) Upon issuance of a certificate of project completion, | ||||||
3 | the sequestration facility and all carbon dioxide stored | ||||||
4 | therein are immediately transferred to the State. | ||||||
5 | Sequestration facility acquisition by the State under this | ||||||
6 | subsection (d) includes all rights and interests in and all | ||||||
7 | responsibilities and potential liability other than criminal | ||||||
8 | or contractual liability associated with the stored carbon | ||||||
9 | dioxide and the sequestration facility, provided, however, | ||||||
10 | that liability is not transferred to the State to the extent | ||||||
11 | that the Department determines, after notice and hearing, | ||||||
12 | that: | ||||||
13 | (1) the sequestration operator violated a duty related | ||||||
14 | to the sequestration facility and carbon dioxide stored | ||||||
15 | therein imposed on the sequestration operator by Illinois | ||||||
16 | law or rule or by the applicable underground injection | ||||||
17 | control program that was not remedied prior to approval of | ||||||
18 | site closure and any applicable statutes of limitation | ||||||
19 | have not run and the liability arises out of that | ||||||
20 | violation; | ||||||
21 | (2) the sequestration operator provided deficient or | ||||||
22 | erroneous information that was material and relied upon by | ||||||
23 | the Agency or the Department to support approval of site | ||||||
24 | closure; and | ||||||
25 | (3) there is fluid migration for which the | ||||||
26 | sequestration operator is responsible that causes or |
| |||||||
| |||||||
1 | threatens imminent and substantial endangerment to an | ||||||
2 | underground source of drinking water; | ||||||
3 | A sequestration operator may appeal any finding under this | ||||||
4 | subsection in a court of competent jurisdiction; and | ||||||
5 | Notwithstanding any other provision of this subsection | ||||||
6 | (d), no party may transfer to the State, and the State may not | ||||||
7 | accept, any property interests or rights that the party does | ||||||
8 | not own or have legal authority to transfer. | ||||||
9 | (e) Unless there is documentation to the contrary, the | ||||||
10 | sequestration operator holds title to the carbon dioxide | ||||||
11 | injected into and stored in a sequestration facility until and | ||||||
12 | unless: | ||||||
13 | (1) the sequestration operator obtains a certificate | ||||||
14 | of project completion from the Department; or | ||||||
15 | (2) the sequestration operator expressly conveys such | ||||||
16 | title to a third party.
| ||||||
17 | Section 75. Preexisting Class VI injection wells. A | ||||||
18 | sequestration operator may operate without a sequestration | ||||||
19 | facility permit issued by the Department under subparagraph | ||||||
20 | (B) of paragraph (1) of subsection (a) of Section 30 if, on or | ||||||
21 | before the effective date of this Act, it has either (1) | ||||||
22 | obtained a Class VI well permit or (2) applied for a Class VI | ||||||
23 | well permit and a Completeness Determination has been issued | ||||||
24 | by the United States Environmental Protection Agency and an | ||||||
25 | order from the Department to require integration of pore space |
| |||||||
| |||||||
1 | ownership interests under subsection (b) of Section 25 is not | ||||||
2 | required.
| ||||||
3 | Section 80. Public participation and environmental | ||||||
4 | justice. | ||||||
5 | (a) The Department shall coordinate with the applicable | ||||||
6 | underground injection control program to ensure meaningful and | ||||||
7 | inclusive public participation procedures for the issuance of | ||||||
8 | Class VI well permits and sequestration facility permits. | ||||||
9 | (b) Public participation procedures may include, but are | ||||||
10 | not limited to: | ||||||
11 | (1) public notice of the submission of permit | ||||||
12 | applications; | ||||||
13 | (2) public notice of any draft and final permitting | ||||||
14 | actions; | ||||||
15 | (3) an opportunity for submission of public comments; | ||||||
16 | (4) an opportunity for public hearing; | ||||||
17 | (5) publication of a summary and response to public | ||||||
18 | comments; and | ||||||
19 | (6) publication of the administrative record for | ||||||
20 | permits in a format and location that is easily accessible | ||||||
21 | to the affected community. | ||||||
22 | (c) Public participation procedures, including additional | ||||||
23 | public participation procedures tailored to communities with | ||||||
24 | potential environmental justice concerns, which are completed | ||||||
25 | by the applicable underground injection control program, are |
| |||||||
| |||||||
1 | not required to be separately completed by the Department. | ||||||
2 | (d) In addition to those public participation procedures | ||||||
3 | required by the applicable underground injection control | ||||||
4 | program, the applicant shall also hold one informational | ||||||
5 | meeting in each county where the project will be developed. | ||||||
6 | The applicant shall consult with the Agency's Environmental | ||||||
7 | Justice Officer on meeting best practices to ensure meaningful | ||||||
8 | and inclusive public participation.
| ||||||
9 | Section 85. Enhanced recovery. A sequestration facility | ||||||
10 | permit shall not authorize the injection of carbon dioxide | ||||||
11 | streams for enhanced oil or gas recovery.
| ||||||
12 | Section 90. Primacy. The Agency shall not enforce the | ||||||
13 | rules in 35 Ill. Adm. Code 730 Subpart H until the United | ||||||
14 | States Environmental Protection Agency promulgates final | ||||||
15 | approval to Illinois for Class VI injection well primary | ||||||
16 | enforcement responsibility (primacy), whereby such rules, as | ||||||
17 | may be amended, become the applicable underground injection | ||||||
18 | control program for Class VI injection wells in Illinois.
| ||||||
19 | Section 95. Liability of sequestered carbon dioxide | ||||||
20 | release responders. | ||||||
21 | (a) Notwithstanding any other provision of law, a person | ||||||
22 | is not liable for costs or damages that result from action | ||||||
23 | taken or omitted to be taken in the course of rendering care, |
| |||||||
| |||||||
1 | assistance, or advice as directed by a federal or State | ||||||
2 | official with responsibility for responding to a carbon | ||||||
3 | dioxide release from a sequestration facility. | ||||||
4 | (b) Subsection (a) does not apply: | ||||||
5 | (1) to a responsible party as defined under Section | ||||||
6 | 1001 of the U.S. Oil Pollution Act of 1990, Public Law No. | ||||||
7 | 101-380; | ||||||
8 | (2) with respect to personal injury or wrongful death; | ||||||
9 | or | ||||||
10 | (3) if such person is grossly negligent or engages in | ||||||
11 | reckless, willful, wanton, or intentional misconduct.
| ||||||
12 | Section 100. Rules. The Department shall adopt rules to | ||||||
13 | implement this Act within 180 days after the effective date of | ||||||
14 | this Act.
| ||||||
15 | Section 900. The Illinois Administrative Procedure Act is | ||||||
16 | amended by adding Section 5-45.55 as follows:
| ||||||
17 | (5 ILCS 100/5-45.55 new) | ||||||
18 | Sec. 5-45.55. Emergency rulemaking; Climate and Landowner | ||||||
19 | Protection Act. To provide for the expeditious and timely | ||||||
20 | implementation of the Climate and Landowner Protection Act, | ||||||
21 | emergency rules implementing the Act may be adopted in | ||||||
22 | accordance with Section 5-45 by the Department of Natural | ||||||
23 | Resources. The adoption of emergency rules authorized by |
| |||||||
| |||||||
1 | Section 5-45 and this Section is deemed necessary for the | ||||||
2 | public interest, safety and welfare. | ||||||
3 | This Section is repealed one year after the effective date | ||||||
4 | of the Climate and Landowner Protection Act.
| ||||||
5 | Section 905. The State Finance Act is amended by adding | ||||||
6 | Section 5.1015 and 5.1016 as follows:
| ||||||
7 | (30 ILCS 105/5.1015 new) | ||||||
8 | Sec. 5.1015. The Carbon Dioxide Sequestration | ||||||
9 | Administrative Fund.
| ||||||
10 | (30 ILCS 105/5.1016 new) | ||||||
11 | Sec. 5.1016. The Carbon Dioxide Sequestration Long-Term | ||||||
12 | Trust Fund.
| ||||||
13 | Section 910. Severability. The provisions of this Act are | ||||||
14 | severable under Section 1.31 of the Statute on Statutes.
|