103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
SB2421

 

Introduced 2/10/2023, by Sen. Laura Fine

 

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 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 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 29079 CPF 55465 b

 

 

A BILL FOR

 

SB2421LRB103 29079 CPF 55465 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    (a) Illinois law currently lacks clarity concerning the
9rights of landowners with regard to pore space in the
10subsurface beneath their land, limiting landowners' ability to
11fully enjoy and protect their property.
12    (b) The transport of carbon dioxide via pipelines
13significantly affects landowners' rights to enjoy their
14property. Carbon dioxide pipelines may impede access to
15property and fields, harm crops and topsoil, and pose a risk of
16grave harm if there is a release of carbon dioxide.
17    (c) The storage of carbon dioxide in subsurface pore space
18may have profound impacts upon the surface estate. Subsurface
19carbon dioxide storage may require easements for pipelines,
20injection wells, monitoring equipment, and other
21infrastructure, harm crops and topsoil, and risks grave harm
22to landowners, surrounding ecosystems, and water supplies if
23carbon dioxide is released.

 

 

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1    (d) To protect landowners, surface ecosystems,
2groundwater, and nearby residents, it is essential that
3Illinois clarify the ownership, liability, and other property
4rights associated with carbon dioxide transportation and
5storage before additional carbon transport and storage takes
6place in the State, as well as providing units of local
7government and residents with training and resources so they
8can be prepared if there is a carbon dioxide release.
 
9    Section 10. Definitions. In this Act:
10    "Amalgamation" means the combining or uniting of property
11rights in adjacent subsurface pore space for the permanent
12storage of carbon dioxide.
13    "Area of review" has the same meaning as defined in
14Section 3.121 of the Environmental Protection Act.
15    "Carbon dioxide injection well" means a well that is used
16to inject carbon dioxide into a reservoir for permanent
17geologic sequestration.
18    "Carbon dioxide pipeline" or "pipeline" means the in-state
19portion of a pipeline, including appurtenant facilities,
20property rights, and easements, that are used to transport
21carbon dioxide.
22    "Carbon dioxide stream" means carbon dioxide, any
23incidental associated substances derived from the source
24materials and process of producing or capturing carbon
25dioxide, and any substance added to the stream to enable or

 

 

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1improve the injection process or the detection of a leak or
2rupture.
3    "Carbon dioxide sequestration reservoir" means a portion
4of a sedimentary geologic stratum or formation containing pore
5space, including, but not limited to, depleted reservoirs and
6saline formations, that the Environmental Protection Agency
7has determined is suitable for the injection and permanent
8storage of carbon dioxide.
9    "Department" means the Department of Public Health.
10    "Easement" means an interest in land owned by another
11person that conveys the right to use or control the land, or an
12area above or below it, for a specific purpose, including, but
13not limited to, the storage of carbon dioxide in subsurface
14cavities.
15    "Fund" means the Carbon Transportation and Sequestration
16Readiness Fund established under Section 35.
17    "Person" has the same meaning as defined in Section 3.315
18of the Environmental Protection Act.
19    "Pipeline operator" means a person who owns, leases,
20operates, controls, or supervises a pipeline that transports
21carbon dioxide.
22    "Pore space" means subsurface cavities, voids, or saline
23beds that can be used to store carbon dioxide.
24    "Pore space owner" means the person who has title to a pore
25space.
26    "Sequester" has the same meaning as defined in Section

 

 

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11-10 of the Illinois Power Agency Act.
2    "Sequestration" means to sequester or be sequestered.
3    "Sequestration facility" means the carbon dioxide
4sequestration reservoir, underground equipment, and surface
5facilities and equipment used or proposed to be used in a
6geologic storage operation. "Sequestration facility" includes
7an injection well and equipment used to connect the surface
8facility and equipment to the carbon dioxide sequestration
9reservoir and underground equipment. "Sequestration facility"
10does not include pipelines used to transport carbon dioxide to
11a sequestration facility.
12    "Sequestration operator" means a person who holds, is
13applying for, or is required to obtain a carbon sequestration
14permit under Section 22.63 of the Environmental Protection
15Act.
16    "Sequestration pore space" means a pore space proposed,
17authorized, or used for sequestering one or more carbon
18dioxide streams in accordance with a permit or permit
19application under Section 22.63 of the Environmental
20Protection Act.
21    "Surface owner" means a person identified in the records
22of the recorder of deeds for each county containing some
23portion of a proposed carbon dioxide sequestration reservoir
24as an owner of a whole or undivided fee simple interest or
25other freehold interest in real property, including, but not
26limited to, mineral rights, in the surface above the

 

 

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1sequestration pore space. "Surface owner" does not include an
2owner of a right-of-way, easement, leasehold, or any other
3lesser estate.
4    "Transportation" means the physical movement of carbon
5dioxide by pipeline conducted for any person's use or on any
6person's account.
 
7    Section 15. Ownership and conveyance of pore space.
8    (a) Title to pore space belongs to and is vested in the
9surface owner of the overlying surface estate.
10    (b) A conveyance of title to a surface estate conveys
11title to the pore space in all strata underlying the surface
12estate.
13    (c) Title to pore space may not be severed from title to
14the surface estate. A grant of easement for use of pore space
15is not a severance prohibited under this subsection.
16    (d) A grant of easement for use of pore space shall not
17confer any right to enter upon or otherwise use the surface of
18the land unless the grant of easement expressly provides that
19right.
 
20    Section 20. Compulsory amalgamation. Notwithstanding any
21other provision of law, a sequestration operator may not
22exercise any authority to take or acquire any easement or
23title to any pore space or any portion of an area of review
24under the Eminent Domain Act for amalgamation. For

 

 

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1amalgamation to be valid, a sequestration operator must
2obtain, for the entirety of the area of review the person seeks
3to use for carbon sequestration, either:
4        (1) a written grant of easement to enter into and use a
5    surface owner's portion of the proposed area of review for
6    carbon sequestration; or
7        (2) title to that portion of the proposed area of
8    review and overlying surface estate.
 
9    Section 25. Ownership of carbon dioxide; liability.
10    (a) A sequestration operator is solely liable for any and
11all damage caused by carbon dioxide that is transported to the
12sequestration operator's sequestration facility for injection
13or sequestration or that is otherwise under the sequestration
14operator's control, including, but not limited to, damage
15caused by carbon dioxide released from the sequestration
16facility, regardless of who holds title to the carbon dioxide,
17the pore space, or the surface estate.
18    (b) A sequestration operator is solely liable for any and
19all damage or harm that may result from equipment associated
20with carbon sequestration, including, but not limited to,
21operation of the equipment.
22    (c) Title to carbon dioxide sequestered in Illinois shall
23not be vested in the owner of the sequestration pore space.
24Sequestered carbon dioxide is a separate property independent
25of the sequestration pore space.
 

 

 

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1    Section 30. Carbon transportation and sequestration
2emergency response fee.     In addition to any permit fee
3required under the Environmental Protection Act, all
4sequestration operators and pipeline operators who transport
5or sequester carbon dioxide in Illinois must pay a fee each
6year to the Illinois Emergency Management Agency. The fee
7shall be deposited in the Carbon Transportation and
8Sequestration Readiness Fund. The fee amount shall be
9determined by the Illinois Emergency Management Agency as a
10set amount (i) per mile of approved pipeline for each carbon
11dioxide pipeline, (ii) per square mile of area of review, and
12(iii) per ton of carbon dioxide sequestered for each approved
13carbon sequestration project. The fee shall be adjusted
14annually for inflation and shall be in an amount determined by
15the Illinois Emergency Management Agency as being more than
16adequate to fund emergency preparedness and response costs for
17units of local government through which a carbon pipeline
18passes or in which carbon sequestration takes place.
 
19    Section 35. Carbon Transportation and Sequestration
20Readiness Fund.
21    (a) The Carbon Transportation and Sequestration Readiness
22Fund is established as a special fund in the State treasury.
23    (b) The Fund shall consist of all moneys from fees
24collected under Section 30, all interest earned on moneys in

 

 

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1the Fund, and any additional moneys allocated or appropriated
2to the Fund by the General Assembly.
3    (c) Moneys in the Fund shall be used only to:
4        (1) cover administrative costs of the Illinois
5    Emergency Management Agency for administration of grants
6    awarded under this Section and costs to the Illinois
7    Emergency Management Agency and Department of Public
8    Health to cover costs of preparing the training materials
9    and offering the training sessions required under Section
10    40;
11        (2) provide funding to units of local government
12    through which a carbon pipeline passes or in which carbon
13    sequestration has been proposed or is taking place to
14    enhance emergency preparedness and emergency response
15    capabilities if a carbon dioxide release occurs; allowable
16    expenditures of moneys provided under this paragraph
17    include, but are not limited to:
18            (A) preparing emergency response plans for carbon
19        dioxide release;
20            (B) purchasing electric emergency response
21        vehicles;
22            (C) developing or maintaining a text message or
23        other emergency communication alert system;
24            (D) purchasing devices that assist in the
25        detection of a carbon dioxide release;
26            (E) equipment for first responders, local

 

 

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1        residents, and medical facilities that assist in the
2        preparation for, detection of, or response to the
3        release of carbon dioxide or other toxic or hazardous
4        materials; and
5            (F) training and training materials for first
6        responders, local residents, businesses, and other
7        local entities to prepare for and respond to the
8        release of carbon dioxide or other toxic or hazardous
9        materials;
10        (3) fund research in technologies, other than those
11    for carbon capture and sequestration, that reduce the
12    potential for carbon dioxide pollution from industries
13    that are major sources of carbon dioxide, including, but
14    not limited to, steel and cement production; or
15        (4) fund research to better understand the scope of
16    potential carbon dioxide releases and methods to limit the
17    likelihood of a carbon dioxide release from a pipeline or
18    sequestration facility, including, but not limited to,
19    computer modeling to simulate carbon dioxide leaks from
20    pipelines of varying diameters and lengths.
21    All research funded under paragraphs (3) and (4) must be
22included in a report published by the Illinois Emergency
23Management Agency on its website and containing
24recommendations for safety measures to protect communities
25from carbon dioxide releases, such as hazard zones, setbacks,
26additional monitoring, or other measures.

 

 

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1    (d) The Fund shall be administered by the Illinois
2Emergency Management Agency. The Illinois Emergency Management
3Agency shall issue annual requests to relevant persons and
4entities for proposals to receive Fund moneys and shall award
5grants to qualified applicants who meet the criteria under
6subsection (c) and any other criteria the Illinois Emergency
7Management Agency deems necessary for the Fund to serve its
8intended purpose. Illinois Emergency Management Agency shall
9not limit the number of proposals an applicant may submit
10under this subsection.
11    (e) The Fund is not subject to subsection (c) of Section 5
12of the State Finance Act.
 
13    Section 40. Training for carbon dioxide emergencies.
14    (a) Within one year after the effective date of this Act,
15the Environmental Protection Agency and the Department shall
16jointly prepare training materials for local emergency
17responders and medical personnel regarding what to do if
18carbon dioxide is released from a pipeline or a sequestration
19facility, including, but not limited to:
20        (1) how to identify a carbon dioxide release;
21        (2) communications protocols to quickly share
22    information about a carbon dioxide release;
23        (3) protocols for locating residents and others in the
24    affected area and, when necessary, transporting residents
25    out of the area to health care facilities; and

 

 

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1        (4) symptoms of and treatment for exposure to a carbon
2    dioxide release.
3    (b) Each year, the Department of Public Health and the
4Environmental Protection Agency shall offer at least 3
5training sessions on emergency response protocols during
6carbon dioxide releases for emergency responders and medical
7personnel in any county in which carbon dioxide is proposed to
8be, or is, transported or sequestered. Unless a health
9emergency necessitates virtual training only, the training
10sessions shall be in-person with the option to join remotely
11and shall be recorded. The recordings shall be maintained on
12the Environmental Protection Agency's and Department's
13publicly available websites.
14    (c) Within one year after the effective date of this Act,
15the Environmental Protection Agency and the Department shall
16jointly prepare training materials for residents, businesses,
17and other persons and entities located within 2 miles of a
18carbon dioxide pipeline or above the area of review regarding
19a carbon dioxide release. The training materials shall
20include, but are not limited to:
21        (1) how to identify a carbon dioxide release;
22        (2) what to do in the event of a carbon dioxide
23    release;
24        (3) symptoms of exposure to a carbon dioxide release;
25    and
26        (4) recommendations for items residents and other

 

 

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1    entities may want to purchase or request, including, but
2    not limited to, carbon dioxide monitors and air supply
3    respirators.
4    (d) Each year, the Environmental Protection Agency and the
5Department, in cooperation with local emergency response
6personnel, shall offer at least 2 public training sessions for
7residents and local businesses in every county in which carbon
8dioxide is proposed to be, or is, transported or sequestered.
9The training shall include, at a minimum, all the information
10in the training materials required under this Section. Unless
11a health emergency necessitates virtual training only, the
12training sessions shall be in-person with the option to join
13remotely and shall be recorded. The recordings shall be
14maintained on the Environmental Protection Agency's and
15Department's publicly available websites.
16    (e) Every 5 years, the Environmental Protection Agency and
17the Department shall review and, if appropriate, revise the
18training materials developed under this Section to incorporate
19new best practices, technologies, developments, or information
20that (i) improve emergency response and treatment for carbon
21dioxide releases and (ii) may assist local residents and
22businesses to be better prepared in the event of a carbon
23dioxide release.
 
24    Section 45. The State Finance Act is amended by adding
25Section 5.990 as follows:
 

 

 

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1    (30 ILCS 105/5.990 new)
2    Sec. 5.990. The Carbon Transportation and Sequestration
3Readiness Fund.
 
4    Section 50. The Illinois Power Agency Act is amended by
5changing Sections 1-10 and 1-80 as follows:
 
6    (20 ILCS 3855/1-10)
7    Sec. 1-10. Definitions.
8    "Agency" means the Illinois Power Agency.
9    "Agency loan agreement" means any agreement pursuant to
10which the Illinois Finance Authority agrees to loan the
11proceeds of revenue bonds issued with respect to a project to
12the Agency upon terms providing for loan repayment
13installments at least sufficient to pay when due all principal
14of, interest and premium, if any, on those revenue bonds, and
15providing for maintenance, insurance, and other matters in
16respect of the project.
17    "Authority" means the Illinois Finance Authority.
18    "Brownfield site photovoltaic project" means photovoltaics
19that are either:
20        (1) interconnected to an electric utility as defined
21    in this Section, a municipal utility as defined in this
22    Section, a public utility as defined in Section 3-105 of
23    the Public Utilities Act, or an electric cooperative as

 

 

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1    defined in Section 3-119 of the Public Utilities Act and
2    located at a site that is regulated by any of the following
3    entities under the following programs:
4            (A) the United States Environmental Protection
5        Agency under the federal Comprehensive Environmental
6        Response, Compensation, and Liability Act of 1980, as
7        amended;
8            (B) the United States Environmental Protection
9        Agency under the Corrective Action Program of the
10        federal Resource Conservation and Recovery Act, as
11        amended;
12            (C) the Illinois Environmental Protection Agency
13        under the Illinois Site Remediation Program; or
14            (D) the Illinois Environmental Protection Agency
15        under the Illinois Solid Waste Program; or
16        (2) located at the site of a coal mine that has
17    permanently ceased coal production, permanently halted any
18    re-mining operations, and is no longer accepting any coal
19    combustion residues; has both completed all clean-up and
20    remediation obligations under the federal Surface Mining
21    and Reclamation Act of 1977 and all applicable Illinois
22    rules and any other clean-up, remediation, or ongoing
23    monitoring to safeguard the health and well-being of the
24    people of the State of Illinois, as well as demonstrated
25    compliance with all applicable federal and State
26    environmental rules and regulations, including, but not

 

 

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1    limited, to 35 Ill. Adm. Code Part 845 and any rules for
2    historic fill of coal combustion residuals, including any
3    rules finalized in Subdocket A of Illinois Pollution
4    Control Board docket R2020-019.
5    "Clean coal facility" means an electric generating
6facility that uses primarily coal as a feedstock and that
7captures and sequesters carbon dioxide emissions at the
8following levels: at least 50% of the total carbon dioxide
9emissions that the facility would otherwise emit if, at the
10time construction commences, the facility is scheduled to
11commence operation before 2016, at least 70% of the total
12carbon dioxide emissions that the facility would otherwise
13emit if, at the time construction commences, the facility is
14scheduled to commence operation during 2016 or 2017, and at
15least 90% of the total carbon dioxide emissions that the
16facility would otherwise emit if, at the time construction
17commences, the facility is scheduled to commence operation
18after 2017. The power block of the clean coal facility shall
19not exceed allowable emission rates for sulfur dioxide,
20nitrogen oxides, carbon monoxide, particulates and mercury for
21a natural gas-fired combined-cycle facility the same size as
22and in the same location as the clean coal facility at the time
23the clean coal facility obtains an approved air permit. All
24coal used by a clean coal facility shall have high volatile
25bituminous rank and greater than 1.7 pounds of sulfur per
26million Btu btu content, unless the clean coal facility does

 

 

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1not use gasification technology and was operating as a
2conventional coal-fired electric generating facility on June
31, 2009 (the effective date of Public Act 95-1027).
4    "Clean coal SNG brownfield facility" means a facility that
5(1) has commenced construction by July 1, 2015 on an urban
6brownfield site in a municipality with at least 1,000,000
7residents; (2) uses a gasification process to produce
8substitute natural gas; (3) uses coal as at least 50% of the
9total feedstock over the term of any sourcing agreement with a
10utility and the remainder of the feedstock may be either
11petroleum coke or coal, with all such coal having a high
12bituminous rank and greater than 1.7 pounds of sulfur per
13million Btu content unless the facility reasonably determines
14that it is necessary to use additional petroleum coke to
15deliver additional consumer savings, in which case the
16facility shall use coal for at least 35% of the total feedstock
17over the term of any sourcing agreement; and (4) captures and
18sequesters at least 85% of the total carbon dioxide emissions
19that the facility would otherwise emit.
20    "Clean coal SNG facility" means a facility that uses a
21gasification process to produce substitute natural gas, that
22sequesters at least 90% of the total carbon dioxide emissions
23that the facility would otherwise emit, that uses at least 90%
24coal as a feedstock, with all such coal having a high
25bituminous rank and greater than 1.7 pounds of sulfur per
26million Btu btu content, and that has a valid and effective

 

 

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1permit to construct emission sources and air pollution control
2equipment and approval with respect to the federal regulations
3for Prevention of Significant Deterioration of Air Quality
4(PSD) for the plant pursuant to the federal Clean Air Act;
5provided, however, a clean coal SNG brownfield facility shall
6not be a clean coal SNG facility.
7    "Clean energy" means energy generation that is 90% or
8greater free of carbon dioxide emissions.
9    "Commission" means the Illinois Commerce Commission.
10    "Community renewable generation project" means an electric
11generating facility that:
12        (1) is powered by wind, solar thermal energy,
13    photovoltaic cells or panels, biodiesel, crops and
14    untreated and unadulterated organic waste biomass, and
15    hydropower that does not involve new construction or
16    significant expansion of hydropower dams;
17        (2) is interconnected at the distribution system level
18    of an electric utility as defined in this Section, a
19    municipal utility as defined in this Section that owns or
20    operates electric distribution facilities, a public
21    utility as defined in Section 3-105 of the Public
22    Utilities Act, or an electric cooperative, as defined in
23    Section 3-119 of the Public Utilities Act;
24        (3) credits the value of electricity generated by the
25    facility to the subscribers of the facility; and
26        (4) is limited in nameplate capacity to less than or

 

 

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1    equal to 5,000 kilowatts.
2    "Costs incurred in connection with the development and
3construction of a facility" means:
4        (1) the cost of acquisition of all real property,
5    fixtures, and improvements in connection therewith and
6    equipment, personal property, and other property, rights,
7    and easements acquired that are deemed necessary for the
8    operation and maintenance of the facility;
9        (2) financing costs with respect to bonds, notes, and
10    other evidences of indebtedness of the Agency;
11        (3) all origination, commitment, utilization,
12    facility, placement, underwriting, syndication, credit
13    enhancement, and rating agency fees;
14        (4) engineering, design, procurement, consulting,
15    legal, accounting, title insurance, survey, appraisal,
16    escrow, trustee, collateral agency, interest rate hedging,
17    interest rate swap, capitalized interest, contingency, as
18    required by lenders, and other financing costs, and other
19    expenses for professional services; and
20        (5) the costs of plans, specifications, site study and
21    investigation, installation, surveys, other Agency costs
22    and estimates of costs, and other expenses necessary or
23    incidental to determining the feasibility of any project,
24    together with such other expenses as may be necessary or
25    incidental to the financing, insuring, acquisition, and
26    construction of a specific project and starting up,

 

 

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1    commissioning, and placing that project in operation.
2    "Delivery services" has the same definition as found in
3Section 16-102 of the Public Utilities Act.
4    "Delivery year" means the consecutive 12-month period
5beginning June 1 of a given year and ending May 31 of the
6following year.
7    "Department" means the Department of Commerce and Economic
8Opportunity.
9    "Director" means the Director of the Illinois Power
10Agency.
11    "Demand-response" means measures that decrease peak
12electricity demand or shift demand from peak to off-peak
13periods.
14    "Distributed renewable energy generation device" means a
15device that is:
16        (1) powered by wind, solar thermal energy,
17    photovoltaic cells or panels, biodiesel, crops and
18    untreated and unadulterated organic waste biomass, tree
19    waste, and hydropower that does not involve new
20    construction or significant expansion of hydropower dams,
21    waste heat to power systems, or qualified combined heat
22    and power systems;
23        (2) interconnected at the distribution system level of
24    either an electric utility as defined in this Section, a
25    municipal utility as defined in this Section that owns or
26    operates electric distribution facilities, or a rural

 

 

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1    electric cooperative as defined in Section 3-119 of the
2    Public Utilities Act;
3        (3) located on the customer side of the customer's
4    electric meter and is primarily used to offset that
5    customer's electricity load; and
6        (4) (blank).
7    "Energy efficiency" means measures that reduce the amount
8of electricity or natural gas consumed in order to achieve a
9given end use. "Energy efficiency" includes voltage
10optimization measures that optimize the voltage at points on
11the electric distribution voltage system and thereby reduce
12electricity consumption by electric customers' end use
13devices. "Energy efficiency" also includes measures that
14reduce the total Btus of electricity, natural gas, and other
15fuels needed to meet the end use or uses.
16    "Electric utility" has the same definition as found in
17Section 16-102 of the Public Utilities Act.
18    "Equity investment eligible community" or "eligible
19community" are synonymous and mean the geographic areas
20throughout Illinois which would most benefit from equitable
21investments by the State designed to combat discrimination.
22Specifically, the eligible communities shall be defined as the
23following areas:
24        (1) R3 Areas as established pursuant to Section 10-40
25    of the Cannabis Regulation and Tax Act, where residents
26    have historically been excluded from economic

 

 

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1    opportunities, including opportunities in the energy
2    sector; and
3        (2) environmental Environmental justice communities,
4    as defined by the Illinois Power Agency pursuant to the
5    Illinois Power Agency Act, where residents have
6    historically been subject to disproportionate burdens of
7    pollution, including pollution from the energy sector.
8    "Equity eligible persons" or "eligible persons" means
9persons who would most benefit from equitable investments by
10the State designed to combat discrimination, specifically:
11        (1) persons who graduate from or are current or former
12    participants in the Clean Jobs Workforce Network Program,
13    the Clean Energy Contractor Incubator Program, the
14    Illinois Climate Works Preapprenticeship Program,
15    Returning Residents Clean Jobs Training Program, or the
16    Clean Energy Primes Contractor Accelerator Program, and
17    the solar training pipeline and multi-cultural jobs
18    program created in paragraphs (a)(1) and (a)(3) of Section
19    16-208.12 16-108.21 of the Public Utilities Act;
20        (2) persons who are graduates of or currently enrolled
21    in the foster care system;
22        (3) persons who were formerly incarcerated;
23        (4) persons whose primary residence is in an equity
24    investment eligible community.
25    "Equity eligible contractor" means a business that is
26majority-owned by eligible persons, or a nonprofit or

 

 

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1cooperative that is majority-governed by eligible persons, or
2is a natural person that is an eligible person offering
3personal services as an independent contractor.
4    "Facility" means an electric generating unit or a
5co-generating unit that produces electricity along with
6related equipment necessary to connect the facility to an
7electric transmission or distribution system.
8    "General contractor Contractor" means the entity or
9organization with main responsibility for the building of a
10construction project and who is the party signing the prime
11construction contract for the project.
12    "Governmental aggregator" means one or more units of local
13government that individually or collectively procure
14electricity to serve residential retail electrical loads
15located within its or their jurisdiction.
16    "High voltage direct current converter station" means the
17collection of equipment that converts direct current energy
18from a high voltage direct current transmission line into
19alternating current using Voltage Source Conversion technology
20and that is interconnected with transmission or distribution
21assets located in Illinois.
22    "High voltage direct current renewable energy credit"
23means a renewable energy credit associated with a renewable
24energy resource where the renewable energy resource has
25entered into a contract to transmit the energy associated with
26such renewable energy credit over high voltage direct current

 

 

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1transmission facilities.
2    "High voltage direct current transmission facilities"
3means the collection of installed equipment that converts
4alternating current energy in one location to direct current
5and transmits that direct current energy to a high voltage
6direct current converter station using Voltage Source
7Conversion technology. "High voltage direct current
8transmission facilities" includes the high voltage direct
9current converter station itself and associated high voltage
10direct current transmission lines. Notwithstanding the
11preceding, after September 15, 2021 (the effective date of
12Public Act 102-662) this amendatory Act of the 102nd General
13Assembly, an otherwise qualifying collection of equipment does
14not qualify as high voltage direct current transmission
15facilities unless its developer entered into a project labor
16agreement, is capable of transmitting electricity at 525kv
17with an Illinois converter station located and interconnected
18in the region of the PJM Interconnection, LLC, and the system
19does not operate as a public utility, as that term is defined
20in Section 3-105 of the Public Utilities Act.
21    "Index price" means the real-time energy settlement price
22at the applicable Illinois trading hub, such as PJM-NIHUB or
23MISO-IL, for a given settlement period.
24    "Indexed renewable energy credit" means a tradable credit
25that represents the environmental attributes of one megawatt
26hour of energy produced from a renewable energy resource, the

 

 

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1price of which shall be calculated by subtracting the strike
2price offered by a new utility-scale wind project or a new
3utility-scale photovoltaic project from the index price in a
4given settlement period.
5    "Indexed renewable energy credit counterparty" has the
6same meaning as "public utility" as defined in Section 3-105
7of the Public Utilities Act.
8    "Local government" means a unit of local government as
9defined in Section 1 of Article VII of the Illinois
10Constitution.
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

 

 

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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

 

 

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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 or significant expansion of
21hydropower dams, waste heat to power systems, or qualified
22combined heat and power systems. For purposes of this Act,
23landfill gas produced in the State is considered a renewable
24energy resource. "Renewable energy resources" does not include
25the incineration or burning of tires, garbage, general
26household, institutional, and commercial waste, industrial

 

 

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

 

 

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1coal SNG brownfield facility, or a party with which a clean
2coal facility, clean coal SNG facility, or clean coal SNG
3brownfield facility has contracted for such purposes.
4    "Service area" has the same definition as found in Section
516-102 of the Public Utilities Act.
6    "Settlement period" means the period of time utilized by
7MISO and PJM and their successor organizations as the basis
8for settlement calculations in the real-time energy market.
9    "Sourcing agreement" means (i) in the case of an electric
10utility, an agreement between the owner of a clean coal
11facility and such electric utility, which agreement shall have
12terms and conditions meeting the requirements of paragraph (3)
13of subsection (d) of Section 1-75, (ii) in the case of an
14alternative retail electric supplier, an agreement between the
15owner of a clean coal facility and such alternative retail
16electric supplier, which agreement shall have terms and
17conditions meeting the requirements of Section 16-115(d)(5) of
18the Public Utilities Act, and (iii) in case of a gas utility,
19an agreement between the owner of a clean coal SNG brownfield
20facility and the gas utility, which agreement shall have the
21terms and conditions meeting the requirements of subsection
22(h-1) of Section 9-220 of the Public Utilities Act.
23    "Strike price" means a contract price for energy and
24renewable energy credits from a new utility-scale wind project
25or a new utility-scale photovoltaic project.
26    "Subscriber" means a person who (i) takes delivery service

 

 

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

 

 

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

 

 

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1        (2) has a nameplate capacity that is greater than
2    5,000 kilowatts.
3    "Utility-scale wind project" means an electric generating
4facility that:
5        (1) generates electricity using wind; and
6        (2) has a nameplate capacity that is greater than
7    5,000 kilowatts.
8    "Waste Heat to Power Systems" means systems that capture
9and generate electricity from energy that would otherwise be
10lost to the atmosphere without the use of additional fuel.
11    "Zero emission credit" means a tradable credit that
12represents the environmental attributes of one megawatt hour
13of energy produced from a zero emission facility.
14    "Zero emission facility" means a facility that: (1) is
15fueled by nuclear power; and (2) is interconnected with PJM
16Interconnection, LLC or the Midcontinent Independent System
17Operator, Inc., or their successors.
18(Source: P.A. 102-662, eff. 9-15-21; revised 6-2-22.)
 
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:

 

 

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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

 

 

SB2421- 33 -LRB103 29079 CPF 55465 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.

 

 

SB2421- 34 -LRB103 29079 CPF 55465 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 55. The Carbon Dioxide Transportation and
24Sequestration Act is amended by changing Sections 10, 15, and
2520 as follows:
 

 

 

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1    (220 ILCS 75/10)
2    Sec. 10. Definitions. As used in this Act:
3    "Carbon dioxide pipeline" or "pipeline" has the same
4meaning as defined 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" has the same meaning as defined in
19Section 10 of the Carbon Dioxide Transport and Storage
20Protections Act means the physical movement of carbon dioxide
21by pipeline conducted for a person's own use or account or the
22use or account of another person or persons.
23(Source: P.A. 97-534, eff. 8-23-11.)
 
24    (220 ILCS 75/15)

 

 

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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) hold at least one informational public meeting in
18    each county in which the pipeline it seeks would be
19    located, at which the person or entity must:
20            (A) present a map of the proposed pipeline route
21        under consideration;
22            (B) provide, at a minimum, information about the
23        diameter of the pipeline it intends to propose, the
24        contents, flow rate, pressure, and temperature of the
25        pipeline, and the ancillary equipment associated with

 

 

SB2421- 37 -LRB103 29079 CPF 55465 b

1        the pipeline;
2            (C) present any emergency response plan it has
3        drafted or is preparing; and
4            (D) be prepared to answer questions from the
5        public concerning the pipeline.
6        (2) consult with the boards of all counties and, if
7    the proposed pipeline would pass through any
8    municipalities, all municipal governments through which
9    the pipeline would pass, on:
10            (A) zoning;
11            (B) emergency response planning;
12            (C) road crossings, road use, road repair, and
13        road bonding;
14            (D) right-of-way agreements for county and
15        municipal land; and
16            (E) pipeline abandonment;
17        (3) during at least one public meeting of the county
18        boards or municipal bodies with whom the consultation
19        is taking place, introduce a presentation on each
20        subject of the consultation and seek public input on
21        the information presented; and
22        (4) compile an accurate, verified list of all occupied
23    residences, businesses, schools, day cares, and health
24    care facilities located within 1.5 miles of the proposed
25    pipeline route.
26    The person or entity must submit the list compiled under

 

 

SB2421- 38 -LRB103 29079 CPF 55465 b

1paragraph (4) to the county and municipal governments of any
2county and municipality through which the proposed pipeline is
3projected to pass before filing person or entity's application
4under this Section.
5    (b) The Commission, after a hearing, may grant an
6application for a certificate of authority authorizing the
7construction and operation of a carbon dioxide pipeline if it
8makes a specific written finding as to each of the following:
9        (1) the application was properly filed;
10        (2) the applicant is fit, willing, and able to
11    construct and operate the pipeline in compliance with this
12    Act and with Commission regulations and orders of the
13    Commission or any applicable federal agencies;
14        (3) the applicant has entered into an agreement with a
15    clean coal facility, a clean coal SNG facility, or any
16    other source that will result in the reduction of carbon
17    dioxide emissions from that source;
18        (4) the applicant has filed with the Pipeline and
19    Hazardous Materials Safety Administration of the U.S.
20    Department of Transportation all forms required by that
21    agency in advance of constructing a carbon dioxide
22    pipeline;
23        (5) the applicant has filed with the U.S. Army Corps
24    of Engineers all applications for permits required by that
25    agency in advance of constructing a carbon dioxide
26    pipeline;

 

 

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1        (6) the applicant has entered into an agreement with
2    the Illinois Department of Agriculture that governs the
3    mitigation of agricultural impacts associated with the
4    construction of the proposed pipeline;
5        (7) the applicant possesses the financial, managerial,
6    legal, and technical qualifications necessary to construct
7    and operate the proposed carbon dioxide pipeline; and
8        (7.5) the applicant has demonstrated that its proposed
9    pipeline route would satisfy the setback mandates
10    established in Section 9.19 of the Illinois Environmental
11    Protection Act or that the applicant has obtained an
12    approved variance or adjusted standard from those setback
13    requirements from the Illinois Pollution Control Board;
14        (7.10) the applicant has submitted proof of receipt by
15    county and municipal government officials of counties and
16    municipalities through which the proposed pipeline will
17    pass of the list of all occupied residences, businesses,
18    schools, day cares, and health care facilities located
19    within 2 miles of its proposed pipeline route;
20        (7.15) the applicant has submitted proof that it has
21    obtained easements or title from all persons owning any
22    portion of the property the applicant seeks to utilize for
23    the construction, maintenance, or operation of the
24    proposed carbon dioxide pipeline;
25        (7.20) the applicant has provided an analysis of
26    geohazards, including, but not limited to, slope

 

 

SB2421- 40 -LRB103 29079 CPF 55465 b

1    instability, frost heave, soil settlement, erosion,
2    earthquakes, mine subsidence, or other dynamic geologic,
3    edaphic, and meteorological conditions along the proposed
4    pipeline route, and has demonstrated that the proposed
5    route avoids geohazards to the maximum extent possible;
6    and
7        (8) the proposed pipeline is consistent with the
8    public interest and , public benefit, and legislative
9    purpose as set forth in this Act. In addition to any other
10    evidence the Commission may consider on this specific
11    finding, the Commission shall consider the following:
12            (A) any evidence of the effect of the pipeline
13        upon the economy, infrastructure, environment, and
14        public safety presented by local governmental units
15        that will be affected by the proposed pipeline route;
16            (B) any evidence of the effect of the pipeline
17        upon property values presented by property owners who
18        will be affected by the proposed pipeline or facility,
19        provided that the Commission need not hear evidence as
20        to the actual valuation of property such as that as
21        would be presented to and determined by the courts
22        under the Eminent Domain Act;
23            (C) any evidence presented by the Department of
24        Commerce and Economic Opportunity regarding the
25        current and future local, State-wide, or regional
26        economic effect, direct or indirect, of the proposed

 

 

SB2421- 41 -LRB103 29079 CPF 55465 b

1        pipeline or facility including, but not limited to,
2        ability of the State to attract economic growth, meet
3        future energy requirements, and ensure compliance with
4        environmental requirements and goals;
5            (D) any evidence addressing the factors described
6        in items (1) through (8) of this subsection (b) or
7        other relevant factors that is presented by any other
8        State agency, the applicant, a party, or other entity
9        that participates in the proceeding, including
10        evidence presented by the Commission's staff; and
11            (E) any evidence presented by any State or federal
12        governmental entity as to how the proposed pipeline
13        will affect the security, stability, and reliability
14        of energy.
15    In its written order, the Commission shall address all of
16the evidence presented, and if the order is contrary to any of
17the evidence, the Commission shall state the reasons for its
18determination with regard to that evidence.
19    (c) When an applicant files its application for a
20certificate of authority with the Commission, it shall provide
21notice to each local government where the proposed pipeline
22will be located and include a map of the proposed pipeline
23route. The applicant shall also publish notice in a newspaper
24of general circulation in each county where the proposed
25pipeline is located.
26    (d) An application for a certificate of authority filed

 

 

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1pursuant to this Section shall request either that the
2Commission review and approve a specific route for a carbon
3dioxide pipeline, or that the Commission review and approve a
4project route width that identifies the areas in which the
5pipeline would be located, with such width ranging from the
6minimum width required for a pipeline right-of-way up to 200
7feet in width. A map of the route or route width shall be
8included in the application. The purpose for allowing the
9option of review and approval of a project route width is to
10provide increased flexibility during the construction process
11to accommodate specific landowner requests, avoid
12environmentally sensitive areas, or address special
13environmental permitting requirements.
14    (e) The Commission's rules shall ensure that notice of an
15application for a certificate of authority is provided within
1630 days after filing to the landowners along a proposed
17project route, or to the potentially affected landowners
18within a proposed project route width, using the notification
19procedures set forth in the Commission's rules. If the
20Commission grants approval of a project route width as opposed
21to a specific project route, then the applicant must, as it
22finalizes the actual pipeline alignment within the project
23route width, file its final list of affected landowners with
24the Commission at least 14 days in advance of beginning
25construction on any tract within the project route width and
26also provide the Commission with at least 14 days' notice

 

 

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1before filing a complaint for eminent domain in the circuit
2court with regard to any tract within the project route width.
3    (f) The Commission shall make its determination on any
4application for a certificate of authority filed pursuant to
5this Section and issue its final order within 11 months after
6the date that the application is filed. The Commission's
7failure to act within this time period shall not be deemed an
8approval or denial of the application.
9    (g) A final order of the Commission granting a certificate
10of authority pursuant to this Act shall not be issued until the
11applicant has obtained be conditioned upon the applicant
12obtaining all required permits or approvals from the Pipeline
13and Hazardous Materials Safety Administration of the U.S.
14Department of Transportation, U.S. Army Corps of Engineers,
15and Illinois Department of Agriculture, in addition to all
16other permits and approvals necessary for the construction and
17operation of the pipeline prior to the start of any
18construction. The final order must specifically prohibit the
19start of any construction until all such permits and approvals
20have been obtained.
21    (h) Within 6 months after the Commission's entry of an
22order approving either a specific route or a project route
23width under this Section, the owner or operator of the carbon
24dioxide pipeline that receives that order may file
25supplemental applications for minor route deviations outside
26the approved project route width, allowing for additions or

 

 

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1changes to the approved route to address environmental
2concerns encountered during construction or to accommodate
3landowner requests. The supplemental application shall
4specifically detail the environmental concerns or landowner
5requests prompting the route changes, including the names of
6any landowners or entities involved. Notice of a supplemental
7application shall be provided to any State agency or unit of
8local government that appeared in the original proceeding and
9to any landowner affected by the proposed route deviation at
10the time that supplemental application is filed. The route
11deviations shall be approved by the Commission no sooner than
1290 days after all interested parties receive notice of the
13supplemental application, unless a written objection is filed
14to the supplemental application within 45 days after such
15notice is received. If a written objection is filed, then the
16Commission shall issue an order either granting or denying the
17route deviation within 90 days after the filing of the
18objection. Hearings on any such supplemental application shall
19be limited to the reasonableness of the specific variance
20proposed, and the issues of the public interest and benefit of
21the project or fitness of the applicant shall be considered
22only to the extent that the route deviation has raised new
23concerns with regard to those issues.
24    (i) A certificate of authority to construct and operate a
25carbon dioxide pipeline issued by the Commission shall contain
26and include all of the following: (1) a grant of authority to

 

 

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1construct and operate a carbon dioxide pipeline as requested
2in the application, subject to the laws of this State. ; and
3        (2) a limited grant of authority to take and acquire
4    an easement in any property or interest in property for
5    the construction, maintenance, or operation of a carbon
6    dioxide pipeline in the manner provided for the exercise
7    of the power of eminent domain under the Eminent Domain
8    Act. The limited grant of authority shall be restricted
9    to, and exercised solely for, the purpose of siting,
10    rights-of-way, and easements appurtenant, including
11    construction and maintenance. The applicant shall not
12    exercise this power until it has used reasonable and good
13    faith efforts to acquire the property or easement thereto.
14    The applicant may thereafter use this power when the
15    applicant determines that the easement is necessary to
16    avoid unreasonable delay or economic hardship to the
17    progress of activities carried out pursuant to the
18    certificate of authority.
19(Source: P.A. 97-534, eff. 8-23-11.)
 
20    Section 60. The Environmental Protection Act is amended by
21changing Sections 21, 39, and 40 and by adding Sections 3.121,
223.132, 3.133, 3.134, 3.136, 3.446, 3.447, 9.19, 9.20, and
2322.63 as follows:
 
24    (415 ILCS 5/3.121 new)

 

 

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1    Sec. 3.121. Area of review. "Area of review" means the
2region surrounding a geologic carbon dioxide sequestration
3project where groundwater classified as Class 1, Class 2, or
4Class 3 under 35 Ill. Adm. Code Part 620, Subpart B may be
5endangered by the injection of carbon dioxide. An "area of
6review" is delineated using computational modeling that
7accounts for the physical and chemical properties of all
8phases of the injected carbon dioxide stream and displaced
9fluids and is based on available site characterization,
10monitoring, and operational data specified in the Board's
11rules adopted under Section 22.63.
 
12    (415 ILCS 5/3.132 new)
13    Sec. 3.132. Carbon dioxide capture project. "Carbon
14dioxide capture project" means a project that uses a process
15to separate carbon dioxide from industrial or energy-related
16sources, other than oil or gas production from a well, and
17produces a concentrated fluid of carbon dioxide. "Carbon
18dioxide capture project" includes carbon dioxide captured as
19part of a research and development project or a project funded
20by research and development, unless the operator demonstrates
21to the satisfaction of the Agency that the project meets
22criteria for exclusion as a "carbon dioxide capture project"
23under rules adopted by the Board under subsection (g) of
24Section 9.20.
 

 

 

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1    (415 ILCS 5/3.133 new)
2    Sec. 3.133. Carbon dioxide pipeline. "Carbon dioxide
3pipeline" has the same meaning as defined in Section 10 of the
4Carbon Dioxide Transportation and Sequestration Act.
 
5    (415 ILCS 5/3.134 new)
6    Sec. 3.134. Concentrated carbon dioxide fluid.
7"Concentrated carbon dioxide fluid" means a fluid that
8contains a concentration of carbon dioxide that is
9proportionately greater than the ambient atmospheric
10concentration of carbon dioxide.
 
11    (415 ILCS 5/3.136 new)
12    Sec. 3.136. Confining zone. "Confining zone" means a
13geologic formation, a group of geologic formations, or part of
14a geologic formation stratigraphically overlying a zone of
15carbon dioxide injection that acts as a barrier to fluid
16movement.
 
17    (415 ILCS 5/3.446 new)
18    Sec. 3.446. Sequestration. "Sequestration" has the same
19meaning as defined in Section 10 of the Carbon Dioxide
20Transport and Storage Protections Act.
 
21    (415 ILCS 5/3.447 new)
22    Sec. 3.447. Sequestration facility. "Sequestration

 

 

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1facility" has the same meaning as defined in Section 10 of the
2Carbon Dioxide Transport and Storage Protections Act.
 
3    (415 ILCS 5/9.19 new)
4    Sec. 9.19. Setbacks from carbon dioxide pipelines.
5    (a) The General Assembly finds that:
6        (1) Carbon dioxide is an asphyxiant. A carbon dioxide
7    leak from a carbon dioxide pipeline poses a risk of grave
8    harm to human health and the environment.
9        (2) Setbacks from occupied structures and high-density
10    areas are necessary to protect against potential harm from
11    carbon dioxide pipeline leaks.
12    (b) No carbon dioxide pipeline, pump, or compressor
13station may be located any closer than within:
14        (1) one mile of an occupied residential property,
15    except that if the occupied residential property is part
16    of a development that includes 10 or more occupied
17    residential properties the carbon dioxide pipeline may not
18    be located within 1.5 miles of the occupied residential
19    property;
20        (2) one mile of a commercial property containing a
21    business with fewer than 10 employees;
22        (3) one mile of a livestock facility containing 100
23    animals or more;
24        (4) 1.5 miles of a residential, commercial, or
25    industrial structure or facility that typically contain 10

 

 

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1    or more persons;
2        (5) two miles of a structure containing 10 or more
3    persons with limited mobility, including, but not limited
4    to, nursing homes and hospitals; or
5        (6) two miles of a structure with a permitted
6    occupancy of 100 or more persons, including, but not
7    limited to, schools, places of worship, shopping
8    facilities, and entertainment facilities.
9    (c) Setback distances from carbon dioxide pipelines shall
10be measured from the center line of the carbon dioxide
11pipeline. Setback distances from pumps and compressor stations
12shall be measured from the property line of the pump or
13compressor station.
14    (d) A unit of local government may require setbacks
15greater than the minimums established under this Section.
16    (e) No adjusted standard, variance, or other regulatory
17relief otherwise available under this Act may be granted for
18the minimum setback mandates of this Section unless, in
19addition to satisfying the general requirements for an
20adjusted standard under Section 28.1 or the standards for a
21variance under Section 35, as applicable, a person seeking to
22build or operate a carbon dioxide pipeline includes in the
23petition for an adjusted standard or variance:
24        (1) computational fluid dynamic computer modeling
25    showing the dispersion of a plume of carbon dioxide
26    following a worst-case rupture of the proposed carbon

 

 

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1    dioxide pipeline, considering the rupture in both typical
2    and still-air weather conditions in topography typical in
3    the applicable county;
4        (2) data and analysis demonstrating that the carbon
5    dioxide pipeline is proposed to be constructed a
6    sufficient distance from an occupied structure so that
7    carbon dioxide concentrations in or near the occupied
8    structure will not intoxicate, asphyxiate, or otherwise
9    harm the health of any humans or livestock therein; and
10        (3) an explanation of the reasons that the setbacks
11    established under this Section are not practicable.
 
12    (415 ILCS 5/9.20 new)
13    Sec. 9.20. Carbon dioxide capture.
14    (a) The General Assembly finds that:
15        (1) The capture of carbon dioxide from industrial
16    facilities, including, but not limited to, ethanol plants
17    and methane processing facilities, and electric-generation
18    facilities requires a significant amount of power to
19    undertake, the generation of which can increase harmful
20    air and water pollutants.
21        (2) The capture of carbon dioxide generally requires
22    significant volumes of water that could be used for
23    domestic, agricultural, recreational, or industrial uses.
24        (3) The capture of carbon dioxide from industrial and
25    electric-generation facilities has often failed to meet

 

 

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1    objectives for capture and thus allowed more carbon
2    dioxide pollution into the atmosphere than proposed.
3        (4) The State of Illinois has a long-standing policy
4    to restore, protect, and enhance the environment,
5    including the purity of the air, land, and waters, such as
6    groundwaters, of this State.
7        (5) A clean environment is essential to the growth and
8    well-being of this State.
9        (6) The capture of carbon dioxide from industrial and
10    electric-generation facilities will not achieve Illinois'
11    longstanding policy to restore, protect, and enhance the
12    environment unless clear standards are adopted to require
13    the reduction of air and water pollution associated with
14    carbon capture, to limit water use when other important
15    uses are in jeopardy, and to ensure that carbon capture
16    does not interfere with Illinois reaching its clean energy
17    goals.
18        (7) Meaningful participation of State residents,
19    especially vulnerable populations who may be affected by
20    regulatory actions, is critical to ensure that
21    environmental justice considerations are incorporated in
22    the development of, decision-making related to, and
23    implementation of environmental laws and rules that
24    protect and improve the well-being of communities in this
25    State that bear disproportionate burdens imposed by
26    environmental pollution.

 

 

SB2421- 52 -LRB103 29079 CPF 55465 b

1    (a-5) The purpose of this Section is to promote a
2healthful environment, including clean water, air, and land,
3meaningful public involvement, and to ensure only the
4responsible capture of carbon dioxide occurs in Illinois so as
5to protect public health and to prevent pollution of the
6environment.
7    (a-10) The provisions of this Section shall be liberally
8construed to carry out the purpose of this Section as stated in
9subsection (a-5).
10    (b) A person who seeks to construct or operate a carbon
11dioxide capture project in Illinois must first obtain a permit
12from the Agency in accordance with the rules adopted under
13subsection (g).
14    (c) A person who seeks to capture carbon dioxide from an
15industrial or electric-generation facility in Illinois must,
16before seeking a permit in accordance with the rules adopted
17under subsection (g), first conduct an environmental impact
18analysis. The environmental impact analysis must:
19        (1) include a statement of the purpose of and need for
20    the proposed carbon capture project;
21        (2) include a greenhouse gas (GHG) inventory analysis,
22    including, but not limited to, Scope 1, 2, and 3 emissions
23    set forth in guidance published by the United States
24    Environmental Protection Agency, of the total GHG
25    emissions associated with the carbon dioxide capture
26    project, together with a demonstration that the Scope 1,

 

 

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1    2, and 3 GHG emissions associated with the carbon dioxide
2    capture project, converted into carbon dioxide equivalent
3    consistent with rules adopted and guidance published by
4    the United States Environmental Protection Agency by rule,
5    will not exceed the total amount of GHG emissions
6    associated with the carbon dioxide capture project on an
7    annual basis for each year the project remains in
8    operation;
9        (3) include a water impact analysis that details:
10            (A) the water sources likely to be impacted by the
11        capture of carbon dioxide from the facility;
12            (B) current uses of those water sources;
13            (C) potential or certain impacts to those water
14        sources from capture of carbon dioxide from the
15        facility, including, but not limited to, impacts on
16        water quantity, quality, and the current use of water;
17            (D) the duration of the impacts to water
18        associated with the capture of carbon dioxide from the
19        facility; and
20            (E) methods the applicant will use to minimize
21        both water use and impacts to water quality associated
22        with the capture dioxide capture project;
23        (4) include an alternatives analysis that evaluates
24    other reasonable alternatives for reducing the same
25    quantity of carbon dioxide as is proposed to be captured
26    at the facility, including, but not limited to:

 

 

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1            (A) if the carbon dioxide is proposed to be
2        captured at a facility that generates electricity,
3        energy-generation alternatives such as renewable
4        energy, energy storage, or energy efficiency;
5            (B) if the carbon dioxide is proposed to be
6        captured at a facility that produces fuel for vehicles
7        or equipment, alternatives such as the use of electric
8        vehicles; and
9            (C) if the carbon dioxide is proposed to be
10        captured at an industrial facility, alternative
11        industrial processes that could reduce the amount of
12        carbon dioxide generated from that industry;
13        for each alternative identified under this paragraph
14    (4), the person seeking to capture carbon dioxide shall
15    complete a greenhouse gas emissions inventory and analysis
16    of the alternative consistent with subparagraph (B) and a
17    water impacts analysis addressing the factors set out in
18    subparagraph (C); and
19        (5) be developed with public input, including, but not
20    limited to, by making a draft version of the analysis
21    available on a public website for not less than 60 days and
22    accepting comments on the proposed analysis for the
23    entirety of that 60-period, together with a public meeting
24    at least 14 days after the posting of the draft on the
25    public website that provides a meaningful opportunity for
26    the public to ask questions, have those questions

 

 

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1    answered, and provide comment on the draft; the final
2    environmental analysis must include responses to public
3    comments, identify all changes to the analysis made in
4    response to those comments, and be made available to the
5    public on a public website.
6    (d) No permit for the capture of carbon dioxide may be
7issued unless:
8        (1) the Illinois State Water Survey has reviewed the
9    water impact analysis required under subsection (c),
10    information concerning water supply and uses, and public
11    comments and has concluded that the proposed carbon
12    capture project will not have significant adverse effects
13    on water supply or current or future potential uses of the
14    water source; and
15        (2) the permit sets out conditions:
16            (A) developed in consultation with the Illinois
17        State Water Survey;
18            (B) that take public comments into consideration;
19            (C) under which the project operator must reduce
20        the volume or rate of water that may be used for the
21        capture of carbon dioxide; and
22            (D) under which the use of water for carbon
23        capture must be halted altogether.
24    (e) No permit for the capture of carbon dioxide may be
25issued unless the permit applicant demonstrates that there
26will be zero noncarbon dioxide air pollution emissions

 

 

SB2421- 56 -LRB103 29079 CPF 55465 b

1associated with the carbon dioxide capture project, including,
2but not limited to, emissions emitted directly by the
3operation of the carbon dioxide capture equipment itself and
4any increase in emissions at the facility from which carbon
5dioxide is captured relative to the baseline following
6installation of the carbon dioxide capture process. The
7applicant may meet this requirement by demonstrating that:
8        (1) pollution control technology will be installed and
9    operated, or existing control technology will be operated,
10    so as to eliminate any noncarbon dioxide air emissions
11    associated with the use of carbon capture; or
12        (2) the facility will reduce operations sufficient to
13    eliminate any noncarbon dioxide air emissions associated
14    with the use of carbon capture.
15        The Board shall establish requirements by rule for
16determining baseline emissions from each industrial or
17electric-generation facility for purposes of determining which
18noncarbon dioxide air emissions are associated with the use of
19carbon capture at those facilities. For existing facilities,
20the baseline shall be calculated using the 12-month average of
21emissions for the three 12-month periods before January 31,
222023. For new facilities, the baseline shall be determined
23using the best available control technology for the relevant
24air pollutants and facility and assuming fuel consumption and
25hours of operation of the facility consistent with that of
26facilities of similar size.

 

 

SB2421- 57 -LRB103 29079 CPF 55465 b

1    (f) No permit for a carbon dioxide capture project may be
2issued unless:
3        (1) the operator can identify the end use or
4    destination of all carbon dioxide streams from the
5    proposed project;
6        (2) if the destination includes sequestration within
7    the State, the operator demonstrates that the
8    sequestration site is permitted in accordance with Section
9    22.63;
10        (3) the applicant demonstrates that the project will
11    capture an annual average of no less than 90% of the total
12    carbon dioxide emissions from the facility; and
13        (4) the permit disallows all noncarbon 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
21amendatory Act of the 103rd General Assembly and adopted by
22the Board not later than 2 years after receipt of the Agency's
23proposal. The rules must, at a minimum:
24        (1) be no less protective than federal and State
25    requirements for air pollution and water pollution;
26        (2) specify the minimum content of applications for a

 

 

SB2421- 58 -LRB103 29079 CPF 55465 b

1    permit to capture carbon dioxide, which shall include, but
2    shall not be limited to:
3            (A) the environmental impacts analyses required
4        under subsection (c);
5            (B) identification of whether the proposed carbon
6        capture project would take place in an area of
7        environmental justice concern; and
8            (C) documentation and analyses sufficient to
9        demonstrate compliance with all applicable rules
10        adopted under this Section for the capture of carbon
11        dioxide from industrial and electric-generation
12        facilities;
13        (3) specify:
14            (A) the frequency at which permits for the capture
15        of carbon dioxide expire and must be renewed;
16            (B) the circumstances under which a permittee must
17        seek a permit modification; and
18            (C) the circumstances under which the Agency may
19        temporarily or permanently revoke a permit for the
20        capture of carbon dioxide;
21        (4) specify standards for review, approval, and denial
22    of applications for a permit to capture carbon dioxide by
23    the Agency; the standards for denial must include, but are
24    not limited to, failure of the applicant to submit an
25    environmental impacts analysis meeting the requirements
26    under subsection (c) or to satisfy the requirements of

 

 

SB2421- 59 -LRB103 29079 CPF 55465 b

1    subsection (e);
2        (5) specify meaningful procedures for public
3    participation in the issuance of permits for the capture
4    of carbon dioxide, including, but not limited to:
5            (A) public notice of the submission of permit
6        applications;
7            (B) posting the full permit application, the draft
8        and final permitting actions by the Agency, and the
9        Agency's response to comments on a public website;
10            (C) an opportunity for the submission of public
11        comments;
12            (D) an opportunity for a public hearing prior
13        before the permit is issued; and
14            (E) a summary and response of the comments
15        prepared by the Agency;
16        (6) when the capture of carbon dioxide is proposed to
17    take place in an area of environmental justice concern,
18    specify further opportunities for public participation,
19    including, but not limited to, public meetings,
20    translations of relevant documents into other languages
21    for residents with limited English proficiency, and
22    interpretation services at public meetings and hearings;
23        (7) specify a procedure to identify areas of
24    environmental justice concern in relation to sequestration
25    facilities;
26        (8) set out requirements for frequent, comprehensive

 

 

SB2421- 60 -LRB103 29079 CPF 55465 b

1    reporting by permittees to the Agency, including, but not
2    limited to:
3            (A) the noncarbon dioxide air emissions associated
4        with the use of carbon capture, including, but not
5        limited to, those emissions resulting from the use of
6        fuel to power the carbon capture process;
7            (B) GHG emissions associated with the use of
8        carbon capture;
9            (C) the total amount, in tons, of carbon dioxide
10        captured at the facility;
11            (D) the total amount, in tons, of carbon dioxide
12        not captured and released into the atmosphere at the
13        facility;
14            (E) the date, time, duration, cause, and amount of
15        carbon dioxide released rather than captured as a
16        result of all outages or downtime of capture equipment
17        at the facility;
18            (F) information concerning water use and impacts
19        to water supply and uses associated with the use of
20        carbon capture at the facility; and
21            (G) the end use and destination of all carbon
22        dioxide streams from the project;
23        (9) establish criteria for the exclusion from
24    permitting requirements of carbon capture projects
25    performed for the purpose of, or financed by funding for,
26    research and development; the criteria shall ensure that

 

 

SB2421- 61 -LRB103 29079 CPF 55465 b

1    only those projects that capture small amounts of carbon
2    dioxide and pose minimal risk to human health and the
3    environmental qualify for the exclusion; and
4        (10) specify whether the permit requirements for
5    carbon dioxide capture set out in the rules may be added to
6    the requirements for a permit that a carbon dioxide
7    capture permit applicant is otherwise required to obtain,
8    or whether the applicant must obtain a separate permit for
9    the capture of carbon dioxide.
10    (h) The permit requirements set forth in this Section are
11in addition to any requirements set forth under any other
12State or federal law, including, but not limited to, the
13federal Clean Air Act, the federal Clean Water Act, the
14federal Resource Conservation and Recovery Act, and the
15federal Safe Water Drinking Act.
 
16    (415 ILCS 5/21)  (from Ch. 111 1/2, par. 1021)
17    Sec. 21. Prohibited acts. No person shall:
18    (a) Cause or allow the open dumping of any waste.
19    (b) Abandon, dump, or deposit any waste upon the public
20highways or other public property, except in a sanitary
21landfill approved by the Agency pursuant to regulations
22adopted by the Board.
23    (c) Abandon any vehicle in violation of the "Abandoned
24Vehicles Amendment to the Illinois Vehicle Code", as enacted
25by the 76th General Assembly.

 

 

SB2421- 62 -LRB103 29079 CPF 55465 b

1    (d) Conduct any waste-storage, waste-treatment, or
2waste-disposal operation:
3        (1) without a permit granted by the Agency or in
4    violation of any conditions imposed by such permit,
5    including periodic reports and full access to adequate
6    records and the inspection of facilities, as may be
7    necessary to assure compliance with this Act and with
8    regulations and standards adopted thereunder; provided,
9    however, that, except for municipal solid waste landfill
10    units that receive waste on or after October 9, 1993, and
11    CCR surface impoundments, no permit shall be required for
12    (i) any person conducting a waste-storage,
13    waste-treatment, or waste-disposal operation for wastes
14    generated by such person's own activities which are
15    stored, treated, or disposed within the site where such
16    wastes are generated, (ii) until one year after the
17    effective date of rules adopted by the Board under
18    subsection (n) of Section 22.38, a facility located in a
19    county with a population over 700,000 as of January 1,
20    2000, operated and located in accordance with Section
21    22.38 of this Act, and used exclusively for the transfer,
22    storage, or treatment of general construction or
23    demolition debris, provided that the facility was
24    receiving construction or demolition debris on August 24,
25    2009 (the effective date of Public Act 96-611), or (iii)
26    any person conducting a waste transfer, storage,

 

 

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1    treatment, or disposal operation, including, but not
2    limited to, a waste transfer or waste composting
3    operation, under a mass animal mortality event plan
4    created by the Department of Agriculture;
5        (2) in violation of any regulations or standards
6    adopted by the Board under this Act;
7        (3) which receives waste after August 31, 1988, does
8    not have a permit issued by the Agency, and is (i) a
9    landfill used exclusively for the disposal of waste
10    generated at the site, (ii) a surface impoundment
11    receiving special waste not listed in an NPDES permit,
12    (iii) a waste pile in which the total volume of waste is
13    greater than 100 cubic yards or the waste is stored for
14    over one year, or (iv) a land treatment facility receiving
15    special waste generated at the site; without giving notice
16    of the operation to the Agency by January 1, 1989, or 30
17    days after the date on which the operation commences,
18    whichever is later, and every 3 years thereafter. The form
19    for such notification shall be specified by the Agency,
20    and shall be limited to information regarding: the name
21    and address of the location of the operation; the type of
22    operation; the types and amounts of waste stored, treated
23    or disposed of on an annual basis; the remaining capacity
24    of the operation; and the remaining expected life of the
25    operation.
26    Item (3) of this subsection (d) shall not apply to any

 

 

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1person engaged in agricultural activity who is disposing of a
2substance that constitutes solid waste, if the substance was
3acquired for use by that person on his own property, and the
4substance is disposed of on his own property in accordance
5with regulations or standards adopted by the Board.
6    This subsection (d) shall not apply to hazardous waste.
7    (e) Dispose, treat, store or abandon any waste, or
8transport any waste into this State for disposal, treatment,
9storage or abandonment, except at a site or facility which
10meets the requirements of this Act and of regulations and
11standards thereunder.
12    (f) Conduct any hazardous waste-storage, hazardous
13waste-treatment or hazardous waste-disposal operation:
14        (1) without a RCRA permit for the site issued by the
15    Agency under subsection (d) of Section 39 of this Act, or
16    in violation of any condition imposed by such permit,
17    including periodic reports and full access to adequate
18    records and the inspection of facilities, as may be
19    necessary to assure compliance with this Act and with
20    regulations and standards adopted thereunder; or
21        (2) in violation of any regulations or standards
22    adopted by the Board under this Act; or
23        (3) in violation of any RCRA permit filing requirement
24    established under standards adopted by the Board under
25    this Act; or
26        (4) in violation of any order adopted by the Board

 

 

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1    under this Act.
2    Notwithstanding the above, no RCRA permit shall be
3required under this subsection or subsection (d) of Section 39
4of this Act for any person engaged in agricultural activity
5who is disposing of a substance which has been identified as a
6hazardous waste, and which has been designated by Board
7regulations as being subject to this exception, if the
8substance was acquired for use by that person on his own
9property and the substance is disposed of on his own property
10in accordance with regulations or standards adopted by the
11Board.
12    (g) Conduct any hazardous waste-transportation operation:
13        (1) without registering with and obtaining a special
14    waste hauling permit from the Agency in accordance with
15    the regulations adopted by the Board under this Act; or
16        (2) in violation of any regulations or standards
17    adopted by the Board under this Act.
18    (h) Conduct any hazardous waste-recycling or hazardous
19waste-reclamation or hazardous waste-reuse operation in
20violation of any regulations, standards or permit requirements
21adopted by the Board under this Act.
22    (i) Conduct any process or engage in any act which
23produces hazardous waste in violation of any regulations or
24standards adopted by the Board under subsections (a) and (c)
25of Section 22.4 of this Act.
26    (j) Conduct any special waste-transportation operation in

 

 

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1violation of any regulations, standards or permit requirements
2adopted by the Board under this Act. However, sludge from a
3water or sewage treatment plant owned and operated by a unit of
4local government which (1) is subject to a sludge management
5plan approved by the Agency or a permit granted by the Agency,
6and (2) has been tested and determined not to be a hazardous
7waste as required by applicable State and federal laws and
8regulations, may be transported in this State without a
9special waste hauling permit, and the preparation and carrying
10of a manifest shall not be required for such sludge under the
11rules of the Pollution Control Board. The unit of local
12government which operates the treatment plant producing such
13sludge shall file an annual report with the Agency identifying
14the volume of such sludge transported during the reporting
15period, the hauler of the sludge, and the disposal sites to
16which it was transported. This subsection (j) shall not apply
17to hazardous waste.
18    (k) Fail or refuse to pay any fee imposed under this Act.
19    (l) Locate a hazardous waste disposal site above an active
20or inactive shaft or tunneled mine or within 2 miles of an
21active fault in the earth's crust. In counties of population
22less than 225,000 no hazardous waste disposal site shall be
23located (1) within 1 1/2 miles of the corporate limits as
24defined on June 30, 1978, of any municipality without the
25approval of the governing body of the municipality in an
26official action; or (2) within 1000 feet of an existing

 

 

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1private well or the existing source of a public water supply
2measured from the boundary of the actual active permitted site
3and excluding existing private wells on the property of the
4permit applicant. The provisions of this subsection do not
5apply to publicly owned sewage works or the disposal or
6utilization of sludge from publicly owned sewage works.
7    (m) Transfer interest in any land which has been used as a
8hazardous waste disposal site without written notification to
9the Agency of the transfer and to the transferee of the
10conditions imposed by the Agency upon its use under subsection
11(g) of Section 39.
12    (n) Use any land which has been used as a hazardous waste
13disposal site except in compliance with conditions imposed by
14the Agency under subsection (g) of Section 39.
15    (o) Conduct a sanitary landfill operation which is
16required to have a permit under subsection (d) of this
17Section, in a manner which results in any of the following
18conditions:
19        (1) refuse in standing or flowing waters;
20        (2) leachate flows entering waters of the State;
21        (3) leachate flows exiting the landfill confines (as
22    determined by the boundaries established for the landfill
23    by a permit issued by the Agency);
24        (4) open burning of refuse in violation of Section 9
25    of this Act;
26        (5) uncovered refuse remaining from any previous

 

 

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1    operating day or at the conclusion of any operating day,
2    unless authorized by permit;
3        (6) failure to provide final cover within time limits
4    established by Board regulations;
5        (7) acceptance of wastes without necessary permits;
6        (8) scavenging as defined by Board regulations;
7        (9) deposition of refuse in any unpermitted portion of
8    the landfill;
9        (10) acceptance of a special waste without a required
10    manifest;
11        (11) failure to submit reports required by permits or
12    Board regulations;
13        (12) failure to collect and contain litter from the
14    site by the end of each operating day;
15        (13) failure to submit any cost estimate for the site
16    or any performance bond or other security for the site as
17    required by this Act or Board rules.
18    The prohibitions specified in this subsection (o) shall be
19enforceable by the Agency either by administrative citation
20under Section 31.1 of this Act or as otherwise provided by this
21Act. The specific prohibitions in this subsection do not limit
22the power of the Board to establish regulations or standards
23applicable to sanitary landfills.
24    (p) In violation of subdivision (a) of this Section, cause
25or allow the open dumping of any waste in a manner which
26results in any of the following occurrences at the dump site:

 

 

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1        (1) litter;
2        (2) scavenging;
3        (3) open burning;
4        (4) deposition of waste in standing or flowing waters;
5        (5) proliferation of disease vectors;
6        (6) standing or flowing liquid discharge from the dump
7    site;
8        (7) deposition of:
9            (i) general construction or demolition debris as
10        defined in Section 3.160(a) of this Act; or
11            (ii) clean construction or demolition debris as
12        defined in Section 3.160(b) of this Act.
13    The prohibitions specified in this subsection (p) shall be
14enforceable by the Agency either by administrative citation
15under Section 31.1 of this Act or as otherwise provided by this
16Act. The specific prohibitions in this subsection do not limit
17the power of the Board to establish regulations or standards
18applicable to open dumping.
19    (q) Conduct a landscape waste composting operation without
20an Agency permit, provided, however, that no permit shall be
21required for any person:
22        (1) conducting a landscape waste composting operation
23    for landscape wastes generated by such person's own
24    activities which are stored, treated, or disposed of
25    within the site where such wastes are generated; or
26        (1.5) conducting a landscape waste composting

 

 

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1    operation that (i) has no more than 25 cubic yards of
2    landscape waste, composting additives, composting
3    material, or end-product compost on-site at any one time
4    and (ii) is not engaging in commercial activity; or
5        (2) applying landscape waste or composted landscape
6    waste at agronomic rates; or
7        (2.5) operating a landscape waste composting facility
8    at a site having 10 or more occupied non-farm residences
9    within 1/2 mile of its boundaries, if the facility meets
10    all of the following criteria:
11            (A) the composting facility is operated by the
12        farmer on property on which the composting material is
13        utilized, and the composting facility constitutes no
14        more than 2% of the site's total acreage;
15            (A-5) any composting additives that the composting
16        facility accepts and uses at the facility are
17        necessary to provide proper conditions for composting
18        and do not exceed 10% of the total composting material
19        at the facility at any one time;
20            (B) the property on which the composting facility
21        is located, and any associated property on which the
22        compost is used, is principally and diligently devoted
23        to the production of agricultural crops and is not
24        owned, leased, or otherwise controlled by any waste
25        hauler or generator of nonagricultural compost
26        materials, and the operator of the composting facility

 

 

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1        is not an employee, partner, shareholder, or in any
2        way connected with or controlled by any such waste
3        hauler or generator;
4            (C) all compost generated by the composting
5        facility is applied at agronomic rates and used as
6        mulch, fertilizer, or soil conditioner on land
7        actually farmed by the person operating the composting
8        facility, and the finished compost is not stored at
9        the composting site for a period longer than 18 months
10        prior to its application as mulch, fertilizer, or soil
11        conditioner;
12            (D) no fee is charged for the acceptance of
13        materials to be composted at the facility; and
14            (E) the owner or operator, by January 1, 2014 (or
15        the January 1 following commencement of operation,
16        whichever is later) and January 1 of each year
17        thereafter, registers the site with the Agency, (ii)
18        reports to the Agency on the volume of composting
19        material received and used at the site; (iii)
20        certifies to the Agency that the site complies with
21        the requirements set forth in subparagraphs (A),
22        (A-5), (B), (C), and (D) of this paragraph (2.5); and
23        (iv) certifies to the Agency that all composting
24        material was placed more than 200 feet from the
25        nearest potable water supply well, was placed outside
26        the boundary of the 10-year floodplain or on a part of

 

 

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1        the site that is floodproofed, was placed at least 1/4
2        mile from the nearest residence (other than a
3        residence located on the same property as the
4        facility) or a lesser distance from the nearest
5        residence (other than a residence located on the same
6        property as the facility) if the municipality in which
7        the facility is located has by ordinance approved a
8        lesser distance than 1/4 mile, and was placed more
9        than 5 feet above the water table; any ordinance
10        approving a residential setback of less than 1/4 mile
11        that is used to meet the requirements of this
12        subparagraph (E) of paragraph (2.5) of this subsection
13        must specifically reference this paragraph; or
14        (3) operating a landscape waste composting facility on
15    a farm, if the facility meets all of the following
16    criteria:
17            (A) the composting facility is operated by the
18        farmer on property on which the composting material is
19        utilized, and the composting facility constitutes no
20        more than 2% of the property's total acreage, except
21        that the Board may allow a higher percentage for
22        individual sites where the owner or operator has
23        demonstrated to the Board that the site's soil
24        characteristics or crop needs require a higher rate;
25            (A-1) the composting facility accepts from other
26        agricultural operations for composting with landscape

 

 

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1        waste no materials other than uncontaminated and
2        source-separated (i) crop residue and other
3        agricultural plant residue generated from the
4        production and harvesting of crops and other customary
5        farm practices, including, but not limited to, stalks,
6        leaves, seed pods, husks, bagasse, and roots and (ii)
7        plant-derived animal bedding, such as straw or
8        sawdust, that is free of manure and was not made from
9        painted or treated wood;
10            (A-2) any composting additives that the composting
11        facility accepts and uses at the facility are
12        necessary to provide proper conditions for composting
13        and do not exceed 10% of the total composting material
14        at the facility at any one time;
15            (B) the property on which the composting facility
16        is located, and any associated property on which the
17        compost is used, is principally and diligently devoted
18        to the production of agricultural crops and is not
19        owned, leased or otherwise controlled by any waste
20        hauler or generator of nonagricultural compost
21        materials, and the operator of the composting facility
22        is not an employee, partner, shareholder, or in any
23        way connected with or controlled by any such waste
24        hauler or generator;
25            (C) all compost generated by the composting
26        facility is applied at agronomic rates and used as

 

 

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1        mulch, 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) the owner or operator, by January 1 of each
8        year, (i) registers the site with the Agency, (ii)
9        reports to the Agency on the volume of composting
10        material received and used at the site, (iii)
11        certifies to the Agency that the site complies with
12        the requirements set forth in subparagraphs (A),
13        (A-1), (A-2), (B), and (C) of this paragraph (q)(3),
14        and (iv) certifies to the Agency that all composting
15        material:
16                (I) was placed more than 200 feet from the
17            nearest potable water supply well;
18                (II) was placed outside the boundary of the
19            10-year floodplain or on a part of the site that is
20            floodproofed;
21                (III) was placed either (aa) at least 1/4 mile
22            from the nearest residence (other than a residence
23            located on the same property as the facility) and
24            there are not more than 10 occupied non-farm
25            residences within 1/2 mile of the boundaries of
26            the site on the date of application or (bb) a

 

 

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1            lesser distance from the nearest residence (other
2            than a residence located on the same property as
3            the facility) provided that the municipality or
4            county in which the facility is located has by
5            ordinance approved a lesser distance than 1/4 mile
6            and there are not more than 10 occupied non-farm
7            residences within 1/2 mile of the boundaries of
8            the site on the date of application; and
9                (IV) was placed more than 5 feet above the
10            water table.
11            Any ordinance approving a residential setback of
12        less than 1/4 mile that is used to meet the
13        requirements of this subparagraph (D) must
14        specifically reference this subparagraph.
15    For the purposes of this subsection (q), "agronomic rates"
16means the application of not more than 20 tons per acre per
17year, except that the Board may allow a higher rate for
18individual sites where the owner or operator has demonstrated
19to the Board that the site's soil characteristics or crop
20needs require a higher rate.
21    (r) Cause or allow the storage or disposal of coal
22combustion waste unless:
23        (1) such waste is stored or disposed of at a site or
24    facility for which a permit has been obtained or is not
25    otherwise required under subsection (d) of this Section;
26    or

 

 

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1        (2) such waste is stored or disposed of as a part of
2    the design and reclamation of a site or facility which is
3    an abandoned mine site in accordance with the Abandoned
4    Mined Lands and Water Reclamation Act; or
5        (3) such waste is stored or disposed of at a site or
6    facility which is operating under NPDES and Subtitle D
7    permits issued by the Agency pursuant to regulations
8    adopted by the Board for mine-related water pollution and
9    permits issued pursuant to the federal Surface Mining
10    Control and Reclamation Act of 1977 (P.L. 95-87) or the
11    rules and regulations thereunder or any law or rule or
12    regulation adopted by the State of Illinois pursuant
13    thereto, and the owner or operator of the facility agrees
14    to accept the waste; and either:
15            (i) such waste is stored or disposed of in
16        accordance with requirements applicable to refuse
17        disposal under regulations adopted by the Board for
18        mine-related water pollution and pursuant to NPDES and
19        Subtitle D permits issued by the Agency under such
20        regulations; or
21            (ii) the owner or operator of the facility
22        demonstrates all of the following to the Agency, and
23        the facility is operated in accordance with the
24        demonstration as approved by the Agency: (1) the
25        disposal area will be covered in a manner that will
26        support continuous vegetation, (2) the facility will

 

 

SB2421- 77 -LRB103 29079 CPF 55465 b

1        be adequately protected from wind and water erosion,
2        (3) the pH will be maintained so as to prevent
3        excessive leaching of metal ions, and (4) adequate
4        containment or other measures will be provided to
5        protect surface water and groundwater from
6        contamination at levels prohibited by this Act, the
7        Illinois Groundwater Protection Act, or regulations
8        adopted pursuant thereto.
9    Notwithstanding any other provision of this Title, the
10disposal of coal combustion waste pursuant to item (2) or (3)
11of this subdivision (r) shall be exempt from the other
12provisions of this Title V, and notwithstanding the provisions
13of Title X of this Act, the Agency is authorized to grant
14experimental permits which include provision for the disposal
15of wastes from the combustion of coal and other materials
16pursuant to items (2) and (3) of this subdivision (r).
17    (s) After April 1, 1989, offer for transportation,
18transport, deliver, receive or accept special waste for which
19a manifest is required, unless the manifest indicates that the
20fee required under Section 22.8 of this Act has been paid.
21    (t) Cause or allow a lateral expansion of a municipal
22solid waste landfill unit on or after October 9, 1993, without
23a permit modification, granted by the Agency, that authorizes
24the lateral expansion.
25    (u) Conduct any vegetable by-product treatment, storage,
26disposal or transportation operation in violation of any

 

 

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

 

 

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1or a municipal utility, (3) the Illinois Department of
2Transportation, or (4) a municipality or a county highway
3department, with the exception of any municipality or county
4highway department located within a county having a population
5of over 3,000,000 inhabitants or located in a county that is
6contiguous to a county having a population of over 3,000,000
7inhabitants; but it shall apply to an entity that contracts
8with a public utility, a municipal utility, the Illinois
9Department of Transportation, or a municipality or a county
10highway department. The terms "generation" and "recycling", as
11used in this subsection, do not apply to clean construction or
12demolition debris when (i) used as fill material below grade
13outside of a setback zone if covered by sufficient
14uncontaminated soil to support vegetation within 30 days of
15the completion of filling or if covered by a road or structure,
16(ii) solely broken concrete without protruding metal bars is
17used for erosion control, or (iii) milled asphalt or crushed
18concrete is used as aggregate in construction of the shoulder
19of a roadway. The terms "generation" and "recycling", as used
20in this subsection, do not apply to uncontaminated soil that
21is not commingled with any waste when (i) used as fill material
22below grade or contoured to grade, or (ii) used at the site of
23generation.
24    (x) Conduct any carbon sequestration operation:
25        (1) without a permit granted by the Agency in
26    accordance with Section 22.63 and any rules adopted under

 

 

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1    that Section, or in violation of any condition imposed by
2    the permit, including periodic reports and full access to
3    adequate records and the inspection of facilities as may
4    be necessary to ensure compliance with this Act and any
5    rules or standards adopted under this Act;
6        (2) in violation of this Act or any rules or standards
7    adopted by the Board under this Act; or
8        (3) in violation of any order adopted by the Board
9    under this Act.
10    (y) Inject any concentrated carbon dioxide fluid produced
11by a carbon dioxide capture project into a Class II well for
12purposes of enhanced oil recovery, including, but not limited
13to, the facilitation of enhanced oil recovery from another
14well.
15    (z) Sell or transport concentrated carbon dioxide fluid
16produced by a carbon dioxide capture project for use in
17enhanced oil recovery.
18(Source: P.A. 101-171, eff. 7-30-19; 102-216, eff. 1-1-22;
19102-310, eff. 8-6-21; 102-558, eff. 8-20-21; 102-813, eff.
205-13-22.)
 
21    (415 ILCS 5/22.63 new)
22    Sec. 22.63. Carbon sequestration.
23    (a) The General Assembly finds that:
24        (1) The State of Illinois has a long-standing policy
25    to restore, protect, and enhance the environment,

 

 

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1    including the purity of the air, land, and waters,
2    including groundwaters, of this State.
3        (2) A clean environment is essential to the growth and
4    well-being of this State.
5        (3) The sequestration of carbon in underground
6    formations poses a significant and long-term risk to the
7    air, land, and waters, including groundwater, of the State
8    unless Illinois adopts clear standards to ensure that no
9    sequestered carbon escapes the underground formation into
10    which it is injected.
11        (4) Meaningful participation of State residents,
12    especially vulnerable populations who may be affected by
13    regulatory actions, is critical to ensure that
14    environmental justice considerations are incorporated in
15    the development of, decision-making related to, and
16    implementation of environmental laws and rulemaking that
17    protects and improves the well-being of communities in
18    this State that bear disproportionate burdens imposed by
19    environmental pollution.
20    (a-5) The purpose of this Section is to promote a
21healthful environment, including clean water, air, and land,
22meaningful public involvement and to ensure only responsible
23sequestration of carbon dioxide occurs in Illinois so as to
24protect public health and to prevent pollution of the
25environment.
26    (a-10) The provisions of this Section shall be liberally

 

 

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1construed to carry out the purposes of this Section.
2    (b) Any person seeking to sequester carbon dioxide in
3Illinois must first obtain a carbon sequestration permit from
4the Agency in accordance with the rules developed under
5subsection (h).
6    (c) Any person seeking to sequester carbon dioxide in
7Illinois must, before seeking a carbon sequestration permit in
8accordance with the rules developed under subsection (h),
9first conduct an environmental impact analysis. The
10environmental impact analysis must:
11        (1) include a statement of purpose and need for the
12    proposed carbon sequestration project;
13        (2) include a GHG inventory analysis that details and
14    compiles the total Scope 1, 2, and 3 GHG emissions
15    associated with the capture, transportation, and
16    sequestration of the carbon dioxide proposed to be
17    sequestered, together with a demonstration that the Scope
18    1, 2, and 3 emissions associated with the capture,
19    transportation, and sequestration of the carbon dioxide,
20    converted into carbon dioxide equivalent consistent with
21    United States Environmental Protection Agency rules and
22    guidance, will not exceed the total amount of GHGs
23    sequestered on an annual basis for each year the project
24    remains in operation;
25        (3) include a water impact analysis that details:
26            (A) the water sources likely to be impacted by the

 

 

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1        capture, transportation, and sequestration of the
2        carbon dioxide proposed to be sequestered;
3            (B) current uses of those water sources;
4            (C) potential or certain impacts to those water
5        sources from capture, transportation, and
6        sequestration of the carbon dioxide, including impacts
7        to water quantity, quality, and current uses;
8            (D) the duration of the impacts to water
9        associated with the capture, transportation, and
10        sequestration of the carbon dioxide proposed to be
11        sequestered; and
12            (E) the methods the applicant will use to minimize
13        both water use and impacts to water quality associated
14        with the sequestration of carbon dioxide;
15        (4) include an alternatives analysis that evaluates
16    other reasonable alternatives for achieving the same
17    volume of carbon dioxide emissions reductions as are
18    proposed to be achieved through carbon sequestration,
19    including, but not limited to:
20            (A) if the carbon dioxide was captured at a
21        facility that generates electricity, energy-generation
22        alternatives such as renewable energy, energy storage,
23        or energy efficiency;
24            (B) if the carbon dioxide was captured at a
25        facility that produces fuel for vehicles or equipment,
26        alternatives such as the use of electric vehicles; and

 

 

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1            (C) if the carbon dioxide was captured at an
2        industrial facility, alternative industrial processes
3        that could reduce the amount of carbon dioxide
4        generated;
5        for each alternative identified under this paragraph
6    (4), the person seeking to sequester carbon dioxide shall
7    complete a GHG inventory analysis of the alternative
8    consistent with subparagraph (B) and a water impacts
9    analysis addressing the factors set out in subparagraph
10    (C); and
11        (5) be developed with public input, including by
12    making a draft version of the analysis available on a
13    public website for not less than 60 days and accepting
14    comments on the proposed analysis for the entirety of that
15    60-day period, together with a public meeting at least 14
16    days after the posting of the draft on the public website
17    that provides a meaningful opportunity for the public to
18    ask questions, have those questions answered, and provide
19    comment on the draft; the final environmental analysis
20    must include responses to public comments, identify all
21    changes to the analysis made in response to those
22    comments, and be made available to the public on a public
23    website.
24    (d) Any person seeking to sequester carbon dioxide in
25Illinois must, before seeking a carbon sequestration permit in
26accordance with the rules developed under subsection (h),

 

 

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1first conduct an area of review analysis that:
2        (1) identifies any faults, fractures, or cracks,
3    abandoned or operating wells, mine shafts, quarries,
4    seismic activity, or other features of the proposed area
5    of review that could interfere with containment of carbon
6    dioxide, and if any such feature is present; and
7        (2) demonstrates that the feature will not interfere
8    with carbon dioxide containment.
9    (e) No permit for the sequestration of carbon dioxide may
10be issued unless:
11        (1) the Illinois State Water Survey has reviewed the
12    water impact analysis required under paragraph (3) of
13    subsection (c) and, taking into consideration that
14    analysis, information available to the Illinois State
15    Water Survey concerning water supply and uses, and public
16    comment, concluded that the proposed carbon dioxide
17    sequestration project will not have significant adverse
18    effects on water supply or current or future uses of the
19    water source; and
20        (2) the permit sets out conditions, determined in
21    consultation with the Illinois State Water Supply and
22    taking into consideration public comments, under which the
23    project operator must reduce the volume or rate or water
24    that may be utilized for the sequestration of carbon
25    dioxide, as well as conditions under which the use of
26    water for carbon sequestration must be halted altogether.

 

 

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1    (f) Any person who applies for or is granted a permit for
2carbon sequestration under this Section shall post with the
3Agency a performance bond or other security in accordance with
4this Act and the rules developed under subsection (h). The
5only acceptable forms of financial assurance are a trust fund,
6a surety bond guaranteeing payment, a surety bond guaranteeing
7performance, or an irrevocable letter of credit.
8    The Agency may enter into contracts and agreements it
9deems necessary to carry out the purposes of this Section.
10Neither the State nor any State employee shall be liable for
11any damages or injuries arising out of or resulting from any
12action taken under this Section.
13    The Agency may approve or disapprove any performance bond
14or other security posted under this subsection. Any person
15whose performance bond or other security is disapproved by the
16Agency may contest the disapproval as a permit denial appeal
17under Section 40.
18    (g) Every applicant for a permit for carbon sequestration
19under subsection (b) of this Section shall first register with
20the Agency at least 60 days before applying for a permit. The
21Agency shall make available a registration form within 90 days
22after the effective date of this Act. The registration form
23shall require the following information:
24        (1) the name and address of the registrant and any
25    parent, subsidiary, or affiliate thereof;
26        (2) disclosure of all findings of a serious violation

 

 

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1    or an equivalent violation under federal or State laws,
2    rules, or regulations concerning the development or
3    operation of a carbon dioxide injection well, a carbon
4    dioxide pipeline, or an oil or gas exploration or
5    production site, by the applicant or any parent,
6    subsidiary, or affiliate thereof within the previous 5
7    years; and
8        (3) proof of insurance to cover injuries, damages, or
9    losses related to a release of carbon dioxide in the
10    amount of at least $250,000,000, from an insurance carrier
11    authorized, licensed, or permitted to do so in this State
12    and that holds at least an A- rating by an American credit
13    rating agency that focuses on the insurance industry, or
14    any comparable rating service.
15    A registrant must notify the Department of any change in
16the information identified in paragraphs (1), (2), or (3) no
17later than one month after the change, or sooner upon request
18of the Agency.
19    If granted a carbon sequestration permit under this
20Section, the permittee must maintain insurance in accordance
21with paragraph (3) throughout the period during which carbon
22dioxide is injected into the sequestration site and at least
23100 years thereafter.
24    (h) The Board shall adopt rules establishing permit
25requirements and other standards for carbon sequestration. The
26Board's rules shall address, but are not limited to, the

 

 

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1following issues: applicability; required permit information;
2minimum criteria for siting; area of review and corrective
3action; financial responsibility; injection well construction
4requirements; logging, sampling, and testing requirements
5before injection well operation; injection well operating
6requirements; mechanical integrity; testing and monitoring
7requirements; reporting requirements; injection well plugging;
8post-injection site care and site closure; emergency and
9remedial response; conditions for obtaining a variance from
10injection depth requirements; and security protections for
11injection wells, monitors, and other associated infrastructure
12to prevent tampering with sequestration-related equipment.
13    Not later than one year after the effective date of this
14amendatory Act of the 103rd General Assembly the Agency shall
15propose, and not later than 2 years after receipt of the
16Agency's proposal the Board shall adopt, the rules required
17under this Section. The rules must, at a minimum:
18        (1) be at least as protective and comprehensive as the
19    federal rules, regulations, or amendments thereto adopted
20    by the Administrator of the United States Environmental
21    Protection Agency under the provisions of 40 CFR 146
22    governing Class VI wells;
23        (2) specify the minimum contents of carbon
24    sequestration permit applications, which shall include the
25    environmental impact analyses required under subsection
26    (c), the area of review analysis required under subsection

 

 

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1    (d), and documentation and analyses sufficient to
2    demonstrate compliance with all applicable rules for
3    carbon sequestration adopted under this Section;
4        (3) specify the frequency at which carbon
5    sequestration permits expire and must be renewed, the
6    circumstances under which a permittee must seek a permit
7    modification, and the circumstances under which the Agency
8    may temporarily or permanently revoke a carbon
9    sequestration permit;
10        (4) specify standards for review, approval, and denial
11    by the Agency of carbon sequestration permit applications;
12        (5) specify meaningful public participation procedures
13    for the issuance of carbon sequestration permits,
14    including, but not limited to:
15            (A) public notice of the submission of permit
16        applications;
17            (B) posting on a public website of the full permit
18        application, the draft and final permitting actions by
19        the Agency, and the Agency's response to comments;
20            (C) an opportunity for the submission of public
21        comments;
22            (D) an opportunity for a public hearing prior to
23        permit issuance; and
24            (E) a summary and response of the comments
25        prepared by the Agency; when the sequestration is
26        proposed to take place in an area of environmental

 

 

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1        justice concern, the rules shall specify further
2        opportunities for public participation, including, but
3        not limited to, public meetings, translations of
4        relevant documents into other languages for residents
5        with limited English proficiency, and interpretation
6        services at public meetings and hearings;
7        (6) prescribe the type and amount of the performance
8    bonds or other securities required under subsection (f)
9    and the conditions under which the State is entitled to
10    collect moneys from such performance bonds or other
11    securities;
12        (7) specify a procedure to identify areas of
13    environmental justice concern in relation to sequestration
14    facilities;
15        (8) prohibit carbon dioxide sequestration unless the
16    permit applicant demonstrates that the confining zone in
17    which the applicant proposes to sequester carbon dioxide:
18            (A) is not located in an active seismic zone,
19        fault area, or any other location in which carbon
20        sequestration could pose an undue risk of harm to
21        human health or the environment;
22            (B) does not intersect with an aquifer containing
23        groundwater classified as Class 1, Class 2, or Class 3
24        under 35 Ill. Adm. Code Part 620, Subpart B;
25            (C) does not intersect with any aquifer that is
26        hydraulically connected to aquifers containing

 

 

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1        groundwater classified as Class 1, Class 2, or Class 3
2        under 35 Ill. Adm. Code Part 620, Subpart B; and
3            (D) does not contain any faults, fractures,
4        abandoned or operating wells, mine shafts, quarries,
5        or other features that could interfere with
6        containment of carbon dioxide;
7        (9) require that monitoring of carbon sequestration
8    facilities be conducted by a third-party contractor;
9        (10) establish minimum qualifications for third-party
10    contractors to conduct monitoring;
11        (11) specify the types of monitors and frequency of
12    monitoring to be performed at carbon sequestration
13    facilities, which, in addition to monitoring required
14    under 40 CFR 146, shall include surface air monitoring,
15    soil gas monitoring, seismicity monitoring, and any other
16    types of monitoring the Board determines are appropriate
17    to protect health and the environment;
18        (12) set the minimum duration of the post-injection
19    site care period at no fewer than 100 years; and
20        (13) establish reporting requirements for carbon
21    sequestration permittees, which, in addition to the
22    reporting required under 40 CFR 146, shall include, but
23    are not limited to, the mass of carbon dioxide transported
24    to sequestration facilities, the facilities from which
25    that carbon dioxide was captured, seismic events of
26    significant magnitude, and malfunctions or downtime of any

 

 

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1    monitors.
 
2    (415 ILCS 5/39)  (from Ch. 111 1/2, par. 1039)
3    Sec. 39. Issuance of permits; procedures.
4    (a) When the Board has by regulation required a permit for
5the construction, installation, or operation of any type of
6facility, equipment, vehicle, vessel, or aircraft, the
7applicant shall apply to the Agency for such permit and it
8shall be the duty of the Agency to issue such a permit upon
9proof by the applicant that the facility, equipment, vehicle,
10vessel, or aircraft will not cause a violation of this Act or
11of regulations hereunder. The Agency shall adopt such
12procedures as are necessary to carry out its duties under this
13Section. In making its determinations on permit applications
14under this Section the Agency may consider prior adjudications
15of noncompliance with this Act by the applicant that involved
16a release of a contaminant into the environment. In granting
17permits, the Agency may impose reasonable conditions
18specifically related to the applicant's past compliance
19history with this Act as necessary to correct, detect, or
20prevent noncompliance. The Agency may impose such other
21conditions as may be necessary to accomplish the purposes of
22this Act, and as are not inconsistent with the regulations
23promulgated by the Board hereunder. Except as otherwise
24provided in this Act, a bond or other security shall not be
25required as a condition for the issuance of a permit. If the

 

 

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1Agency denies any permit under this Section, the Agency shall
2transmit to the applicant within the time limitations of this
3Section specific, detailed statements as to the reasons the
4permit application was denied. Such statements shall include,
5but not be limited to, the following:
6        (i) the Sections of this Act which may be violated if
7    the permit were granted;
8        (ii) the provision of the regulations, promulgated
9    under this Act, which may be violated if the permit were
10    granted;
11        (iii) the specific type of information, if any, which
12    the Agency deems the applicant did not provide the Agency;
13    and
14        (iv) a statement of specific reasons why the Act and
15    the regulations might not be met if the permit were
16    granted.
17    If there is no final action by the Agency within 90 days
18after the filing of the application for permit, the applicant
19may deem the permit issued; except that this time period shall
20be extended to 180 days when (1) notice and opportunity for
21public hearing are required by State or federal law or
22regulation, (2) the application which was filed is for any
23permit to develop a landfill subject to issuance pursuant to
24this subsection, or (3) the application that was filed is for a
25MSWLF unit required to issue public notice under subsection
26(p) of Section 39. The 90-day and 180-day time periods for the

 

 

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

 

 

SB2421- 95 -LRB103 29079 CPF 55465 b

1have a federally enforceable State operating permit shall be
2required to be renewed only upon written request by the Agency
3consistent with applicable provisions of this Act and its
4rules. Such operating permits shall expire 180 days after the
5date of such a request. Before July 1, 1998, the Board shall
6revise its rules for the existing State air pollution
7operating permit program consistent with this paragraph and
8shall adopt rules that require a source to demonstrate that it
9qualifies for a permit under this paragraph.
10    (b) The Agency may issue NPDES permits exclusively under
11this subsection for the discharge of contaminants from point
12sources into navigable waters, all as defined in the Federal
13Water Pollution Control Act, as now or hereafter amended,
14within the jurisdiction of the State, or into any well.
15    All NPDES permits shall contain those terms and
16conditions, including, but not limited to, schedules of
17compliance, which may be required to accomplish the purposes
18and provisions of this Act.
19    The Agency may issue general NPDES permits for discharges
20from categories of point sources which are subject to the same
21permit limitations and conditions. Such general permits may be
22issued without individual applications and shall conform to
23regulations promulgated under Section 402 of the Federal Water
24Pollution Control Act, as now or hereafter amended.
25    The Agency may include, among such conditions, effluent
26limitations and other requirements established under this Act,

 

 

SB2421- 96 -LRB103 29079 CPF 55465 b

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

 

 

SB2421- 97 -LRB103 29079 CPF 55465 b

1subsection (c), and for purposes of Section 39.2 of this Act,
2the appropriate county board or governing body of the
3municipality shall be the county board of the county or the
4governing body of the municipality in which the facility is to
5be located as of the date when the application for siting
6approval is filed.
7    In the event that siting approval granted pursuant to
8Section 39.2 has been transferred to a subsequent owner or
9operator, that subsequent owner or operator may apply to the
10Agency for, and the Agency may grant, a development or
11construction permit for the facility for which local siting
12approval was granted. Upon application to the Agency for a
13development or construction permit by that subsequent owner or
14operator, the permit applicant shall cause written notice of
15the permit application to be served upon the appropriate
16county board or governing body of the municipality that
17granted siting approval for that facility and upon any party
18to the siting proceeding pursuant to which siting approval was
19granted. In that event, the Agency shall conduct an evaluation
20of the subsequent owner or operator's prior experience in
21waste management operations in the manner conducted under
22subsection (i) of Section 39 of this Act.
23    Beginning August 20, 1993, if the pollution control
24facility consists of a hazardous or solid waste disposal
25facility for which the proposed site is located in an
26unincorporated area of a county with a population of less than

 

 

SB2421- 98 -LRB103 29079 CPF 55465 b

1100,000 and includes all or a portion of a parcel of land that
2was, on April 1, 1993, adjacent to a municipality having a
3population of less than 5,000, then the local siting review
4required under this subsection (c) in conjunction with any
5permit applied for after that date shall be performed by the
6governing body of that adjacent municipality rather than the
7county board of the county in which the proposed site is
8located; and for the purposes of that local siting review, any
9references in this Act to the county board shall be deemed to
10mean the governing body of that adjacent municipality;
11provided, however, that the provisions of this paragraph shall
12not apply to any proposed site which was, on April 1, 1993,
13owned in whole or in part by another municipality.
14    In the case of a pollution control facility for which a
15development permit was issued before November 12, 1981, if an
16operating permit has not been issued by the Agency prior to
17August 31, 1989 for any portion of the facility, then the
18Agency may not issue or renew any development permit nor issue
19an original operating permit for any portion of such facility
20unless the applicant has submitted proof to the Agency that
21the location of the facility has been approved by the
22appropriate county board or municipal governing body pursuant
23to Section 39.2 of this Act.
24    After January 1, 1994, if a solid waste disposal facility,
25any portion for which an operating permit has been issued by
26the Agency, has not accepted waste disposal for 5 or more

 

 

SB2421- 99 -LRB103 29079 CPF 55465 b

1consecutive calendar years, before that facility may accept
2any new or additional waste for disposal, the owner and
3operator must obtain a new operating permit under this Act for
4that facility unless the owner and operator have applied to
5the Agency for a permit authorizing the temporary suspension
6of waste acceptance. The Agency may not issue a new operation
7permit under this Act for the facility unless the applicant
8has submitted proof to the Agency that the location of the
9facility has been approved or re-approved by the appropriate
10county board or municipal governing body under Section 39.2 of
11this Act after the facility ceased accepting waste.
12    Except for those facilities owned or operated by sanitary
13districts organized under the Metropolitan Water Reclamation
14District Act, and except for new pollution control facilities
15governed by Section 39.2, and except for fossil fuel mining
16facilities, the granting of a permit under this Act shall not
17relieve the applicant from meeting and securing all necessary
18zoning approvals from the unit of government having zoning
19jurisdiction over the proposed facility.
20    Before beginning construction on any new sewage treatment
21plant or sludge drying site to be owned or operated by a
22sanitary district organized under the Metropolitan Water
23Reclamation District Act for which a new permit (rather than
24the renewal or amendment of an existing permit) is required,
25such sanitary district shall hold a public hearing within the
26municipality within which the proposed facility is to be

 

 

SB2421- 100 -LRB103 29079 CPF 55465 b

1located, or within the nearest community if the proposed
2facility is to be located within an unincorporated area, at
3which information concerning the proposed facility shall be
4made available to the public, and members of the public shall
5be given the opportunity to express their views concerning the
6proposed facility.
7    The Agency may issue a permit for a municipal waste
8transfer station without requiring approval pursuant to
9Section 39.2 provided that the following demonstration is
10made:
11        (1) the municipal waste transfer station was in
12    existence on or before January 1, 1979 and was in
13    continuous operation from January 1, 1979 to January 1,
14    1993;
15        (2) the operator submitted a permit application to the
16    Agency to develop and operate the municipal waste transfer
17    station during April of 1994;
18        (3) the operator can demonstrate that the county board
19    of the county, if the municipal waste transfer station is
20    in an unincorporated area, or the governing body of the
21    municipality, if the station is in an incorporated area,
22    does not object to resumption of the operation of the
23    station; and
24        (4) the site has local zoning approval.
25    (d) The Agency may issue RCRA permits exclusively under
26this subsection to persons owning or operating a facility for

 

 

SB2421- 101 -LRB103 29079 CPF 55465 b

1the treatment, storage, or disposal of hazardous waste as
2defined under this Act. Subsection (y) of this Section, rather
3than this subsection (d), shall apply to permits issued for
4CCR surface impoundments.
5    All RCRA permits shall contain those terms and conditions,
6including, but not limited to, schedules of compliance, which
7may be required to accomplish the purposes and provisions of
8this Act. The Agency may include among such conditions
9standards and other requirements established under this Act,
10Board regulations, the Resource Conservation and Recovery Act
11of 1976 (P.L. 94-580), as amended, and regulations pursuant
12thereto, and may include schedules for achieving compliance
13therewith as soon as possible. The Agency shall require that a
14performance bond or other security be provided as a condition
15for the issuance of a RCRA permit.
16    In the case of a permit to operate a hazardous waste or PCB
17incinerator as defined in subsection (k) of Section 44, the
18Agency shall require, as a condition of the permit, that the
19operator of the facility perform such analyses of the waste to
20be incinerated as may be necessary and appropriate to ensure
21the safe operation of the incinerator.
22    The Agency shall adopt filing requirements and procedures
23which are necessary and appropriate for the issuance of RCRA
24permits, and which are consistent with the Act or regulations
25adopted by the Board, and with the Resource Conservation and
26Recovery Act of 1976 (P.L. 94-580), as amended, and

 

 

SB2421- 102 -LRB103 29079 CPF 55465 b

1regulations pursuant thereto.
2    The applicant shall make available to the public for
3inspection all documents submitted by the applicant to the
4Agency in furtherance of an application, with the exception of
5trade secrets, at the office of the county board or governing
6body of the municipality. Such documents may be copied upon
7payment of the actual cost of reproduction during regular
8business hours of the local office. The Agency shall issue a
9written statement concurrent with its grant or denial of the
10permit explaining the basis for its decision.
11    (e) The Agency may issue UIC permits exclusively under
12this subsection to persons owning or operating a facility for
13the underground injection of contaminants as defined under
14this Act. However, the Agency shall not issue any permit for
15underground injection wells for the sequestration of carbon
16dioxide under Section 22.63.
17    All UIC permits shall contain those terms and conditions,
18including, but not limited to, schedules of compliance, which
19may be required to accomplish the purposes and provisions of
20this Act. The Agency may include among such conditions
21standards and other requirements established under this Act,
22Board regulations, the Safe Drinking Water Act (P.L. 93-523),
23as amended, and regulations pursuant thereto, and may include
24schedules for achieving compliance therewith. The Agency shall
25require that a performance bond or other security be provided
26as a condition for the issuance of a UIC permit.

 

 

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1    The Agency shall adopt filing requirements and procedures
2which are necessary and appropriate for the issuance of UIC
3permits, and which are consistent with the Act or regulations
4adopted by the Board, and with the Safe Drinking Water Act
5(P.L. 93-523), as amended, and regulations pursuant thereto.
6    The applicant shall make available to the public for
7inspection all documents submitted by the applicant to the
8Agency in furtherance of an application, with the exception of
9trade secrets, at the office of the county board or governing
10body of the municipality. Such documents may be copied upon
11payment of the actual cost of reproduction during regular
12business hours of the local office. The Agency shall issue a
13written statement concurrent with its grant or denial of the
14permit explaining the basis for its decision.
15    (f) In making any determination pursuant to Section 9.1 of
16this Act:
17        (1) The Agency shall have authority to make the
18    determination of any question required to be determined by
19    the Clean Air Act, as now or hereafter amended, this Act,
20    or the regulations of the Board, including the
21    determination of the Lowest Achievable Emission Rate,
22    Maximum Achievable Control Technology, or Best Available
23    Control Technology, consistent with the Board's
24    regulations, if any.
25        (2) The Agency shall adopt requirements as necessary
26    to implement public participation procedures, including,

 

 

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1    but not limited to, public notice, comment, and an
2    opportunity for hearing, which must accompany the
3    processing of applications for PSD permits. The Agency
4    shall briefly describe and respond to all significant
5    comments on the draft permit raised during the public
6    comment period or during any hearing. The Agency may group
7    related comments together and provide one unified response
8    for each issue raised.
9        (3) Any complete permit application submitted to the
10    Agency under this subsection for a PSD permit shall be
11    granted or denied by the Agency not later than one year
12    after the filing of such completed application.
13        (4) The Agency shall, after conferring with the
14    applicant, give written notice to the applicant of its
15    proposed decision on the application, including the terms
16    and conditions of the permit to be issued and the facts,
17    conduct, or other basis upon which the Agency will rely to
18    support its proposed action.
19    (g) The Agency shall include as conditions upon all
20permits issued for hazardous waste disposal sites such
21restrictions upon the future use of such sites as are
22reasonably necessary to protect public health and the
23environment, including permanent prohibition of the use of
24such sites for purposes which may create an unreasonable risk
25of injury to human health or to the environment. After
26administrative and judicial challenges to such restrictions

 

 

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1have been exhausted, the Agency shall file such restrictions
2of record in the Office of the Recorder of the county in which
3the hazardous waste disposal site is located.
4    (h) A hazardous waste stream may not be deposited in a
5permitted hazardous waste site unless specific authorization
6is obtained from the Agency by the generator and disposal site
7owner and operator for the deposit of that specific hazardous
8waste stream. The Agency may grant specific authorization for
9disposal of hazardous waste streams only after the generator
10has reasonably demonstrated that, considering technological
11feasibility and economic reasonableness, the hazardous waste
12cannot be reasonably recycled for reuse, nor incinerated or
13chemically, physically, or biologically treated so as to
14neutralize the hazardous waste and render it nonhazardous. In
15granting authorization under this Section, the Agency may
16impose such conditions as may be necessary to accomplish the
17purposes of the Act and are consistent with this Act and
18regulations promulgated by the Board hereunder. If the Agency
19refuses to grant authorization under this Section, the
20applicant may appeal as if the Agency refused to grant a
21permit, pursuant to the provisions of subsection (a) of
22Section 40 of this Act. For purposes of this subsection (h),
23the term "generator" has the meaning given in Section 3.205 of
24this Act, unless: (1) the hazardous waste is treated,
25incinerated, or partially recycled for reuse prior to
26disposal, in which case the last person who treats,

 

 

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1incinerates, or partially recycles the hazardous waste prior
2to disposal is the generator; or (2) the hazardous waste is
3from a response action, in which case the person performing
4the response action is the generator. This subsection (h) does
5not apply to any hazardous waste that is restricted from land
6disposal under 35 Ill. Adm. Code 728.
7    (i) Before issuing any RCRA permit, any permit for a waste
8storage site, sanitary landfill, waste disposal site, waste
9transfer station, waste treatment facility, waste incinerator,
10or any waste-transportation operation, any permit or interim
11authorization for a clean construction or demolition debris
12fill operation, or any permit required under subsection (d-5)
13of Section 55, the Agency shall conduct an evaluation of the
14prospective owner's or operator's prior experience in waste
15management operations, clean construction or demolition debris
16fill operations, and tire storage site management. The Agency
17may deny such a permit, or deny or revoke interim
18authorization, if the prospective owner or operator or any
19employee or officer of the prospective owner or operator has a
20history of:
21        (1) repeated violations of federal, State, or local
22    laws, regulations, standards, or ordinances in the
23    operation of waste management facilities or sites, clean
24    construction or demolition debris fill operation
25    facilities or sites, or tire storage sites; or
26        (2) conviction in this or another State of any crime

 

 

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1    which is a felony under the laws of this State, or
2    conviction of a felony in a federal court; or conviction
3    in this or another state or federal court of any of the
4    following crimes: forgery, official misconduct, bribery,
5    perjury, or knowingly submitting false information under
6    any environmental law, regulation, or permit term or
7    condition; or
8        (3) proof of gross carelessness or incompetence in
9    handling, storing, processing, transporting, or disposing
10    of waste, clean construction or demolition debris, or used
11    or waste tires, or proof of gross carelessness or
12    incompetence in using clean construction or demolition
13    debris as fill.
14    (i-5) Before issuing any permit or approving any interim
15authorization for a clean construction or demolition debris
16fill operation in which any ownership interest is transferred
17between January 1, 2005, and the effective date of the
18prohibition set forth in Section 22.52 of this Act, the Agency
19shall conduct an evaluation of the operation if any previous
20activities at the site or facility may have caused or allowed
21contamination of the site. It shall be the responsibility of
22the owner or operator seeking the permit or interim
23authorization to provide to the Agency all of the information
24necessary for the Agency to conduct its evaluation. The Agency
25may deny a permit or interim authorization if previous
26activities at the site may have caused or allowed

 

 

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1contamination at the site, unless such contamination is
2authorized under any permit issued by the Agency.
3    (j) The issuance under this Act of a permit to engage in
4the surface mining of any resources other than fossil fuels
5shall not relieve the permittee from its duty to comply with
6any applicable local law regulating the commencement,
7location, or operation of surface mining facilities.
8    (k) A development permit issued under subsection (a) of
9Section 39 for any facility or site which is required to have a
10permit under subsection (d) of Section 21 shall expire at the
11end of 2 calendar years from the date upon which it was issued,
12unless within that period the applicant has taken action to
13develop the facility or the site. In the event that review of
14the conditions of the development permit is sought pursuant to
15Section 40 or 41, or permittee is prevented from commencing
16development of the facility or site by any other litigation
17beyond the permittee's control, such two-year period shall be
18deemed to begin on the date upon which such review process or
19litigation is concluded.
20    (l) No permit shall be issued by the Agency under this Act
21for construction or operation of any facility or site located
22within the boundaries of any setback zone established pursuant
23to this Act, where such construction or operation is
24prohibited.
25    (m) The Agency may issue permits to persons owning or
26operating a facility for composting landscape waste. In

 

 

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1granting such permits, the Agency may impose such conditions
2as may be necessary to accomplish the purposes of this Act, and
3as are not inconsistent with applicable regulations
4promulgated by the Board. Except as otherwise provided in this
5Act, a bond or other security shall not be required as a
6condition for the issuance of a permit. If the Agency denies
7any permit pursuant to this subsection, the Agency shall
8transmit to the applicant within the time limitations of this
9subsection specific, detailed statements as to the reasons the
10permit application was denied. Such statements shall include
11but not be limited to the following:
12        (1) the Sections of this Act that may be violated if
13    the permit were granted;
14        (2) the specific regulations promulgated pursuant to
15    this Act that may be violated if the permit were granted;
16        (3) the specific information, if any, the Agency deems
17    the applicant did not provide in its application to the
18    Agency; and
19        (4) a statement of specific reasons why the Act and
20    the regulations might be violated if the permit were
21    granted.
22    If no final action is taken by the Agency within 90 days
23after the filing of the application for permit, the applicant
24may deem the permit issued. Any applicant for a permit may
25waive the 90-day limitation by filing a written statement with
26the Agency.

 

 

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1    The Agency shall issue permits for such facilities upon
2receipt of an application that includes a legal description of
3the site, a topographic map of the site drawn to the scale of
4200 feet to the inch or larger, a description of the operation,
5including the area served, an estimate of the volume of
6materials to be processed, and documentation that:
7        (1) the facility includes a setback of at least 200
8    feet from the nearest potable water supply well;
9        (2) the facility is located outside the boundary of
10    the 10-year floodplain or the site will be floodproofed;
11        (3) the facility is located so as to minimize
12    incompatibility with the character of the surrounding
13    area, including at least a 200 foot setback from any
14    residence, and in the case of a facility that is developed
15    or the permitted composting area of which is expanded
16    after November 17, 1991, the composting area is located at
17    least 1/8 mile from the nearest residence (other than a
18    residence located on the same property as the facility);
19        (4) the design of the facility will prevent any
20    compost material from being placed within 5 feet of the
21    water table, will adequately control runoff from the site,
22    and will collect and manage any leachate that is generated
23    on the site;
24        (5) the operation of the facility will include
25    appropriate dust and odor control measures, limitations on
26    operating hours, appropriate noise control measures for

 

 

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1    shredding, chipping and similar equipment, management
2    procedures for composting, containment and disposal of
3    non-compostable wastes, procedures to be used for
4    terminating operations at the site, and recordkeeping
5    sufficient to document the amount of materials received,
6    composted, and otherwise disposed of; and
7        (6) the operation will be conducted in accordance with
8    any applicable rules adopted by the Board.
9    The Agency shall issue renewable permits of not longer
10than 10 years in duration for the composting of landscape
11wastes, as defined in Section 3.155 of this Act, based on the
12above requirements.
13    The operator of any facility permitted under this
14subsection (m) must submit a written annual statement to the
15Agency on or before April 1 of each year that includes an
16estimate of the amount of material, in tons, received for
17composting.
18    (n) The Agency shall issue permits jointly with the
19Department of Transportation for the dredging or deposit of
20material in Lake Michigan in accordance with Section 18 of the
21Rivers, Lakes, and Streams Act.
22    (o) (Blank).
23    (p) (1) Any person submitting an application for a permit
24for a new MSWLF unit or for a lateral expansion under
25subsection (t) of Section 21 of this Act for an existing MSWLF
26unit that has not received and is not subject to local siting

 

 

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1approval under Section 39.2 of this Act shall publish notice
2of the application in a newspaper of general circulation in
3the county in which the MSWLF unit is or is proposed to be
4located. The notice must be published at least 15 days before
5submission of the permit application to the Agency. The notice
6shall state the name and address of the applicant, the
7location of the MSWLF unit or proposed MSWLF unit, the nature
8and size of the MSWLF unit or proposed MSWLF unit, the nature
9of the activity proposed, the probable life of the proposed
10activity, the date the permit application will be submitted,
11and a statement that persons may file written comments with
12the Agency concerning the permit application within 30 days
13after the filing of the permit application unless the time
14period to submit comments is extended by the Agency.
15    When a permit applicant submits information to the Agency
16to supplement a permit application being reviewed by the
17Agency, the applicant shall not be required to reissue the
18notice under this subsection.
19    (2) The Agency shall accept written comments concerning
20the permit application that are postmarked no later than 30
21days after the filing of the permit application, unless the
22time period to accept comments is extended by the Agency.
23    (3) Each applicant for a permit described in part (1) of
24this subsection shall file a copy of the permit application
25with the county board or governing body of the municipality in
26which the MSWLF unit is or is proposed to be located at the

 

 

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1same time the application is submitted to the Agency. The
2permit application filed with the county board or governing
3body of the municipality shall include all documents submitted
4to or to be submitted to the Agency, except trade secrets as
5determined under Section 7.1 of this Act. The permit
6application and other documents on file with the county board
7or governing body of the municipality shall be made available
8for public inspection during regular business hours at the
9office of the county board or the governing body of the
10municipality and may be copied upon payment of the actual cost
11of reproduction.
12    (q) Within 6 months after July 12, 2011 (the effective
13date of Public Act 97-95), the Agency, in consultation with
14the regulated community, shall develop a web portal to be
15posted on its website for the purpose of enhancing review and
16promoting timely issuance of permits required by this Act. At
17a minimum, the Agency shall make the following information
18available on the web portal:
19        (1) Checklists and guidance relating to the completion
20    of permit applications, developed pursuant to subsection
21    (s) of this Section, which may include, but are not
22    limited to, existing instructions for completing the
23    applications and examples of complete applications. As the
24    Agency develops new checklists and develops guidance, it
25    shall supplement the web portal with those materials.
26        (2) Within 2 years after July 12, 2011 (the effective

 

 

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1    date of Public Act 97-95), permit application forms or
2    portions of permit applications that can be completed and
3    saved electronically, and submitted to the Agency
4    electronically with digital signatures.
5        (3) Within 2 years after July 12, 2011 (the effective
6    date of Public Act 97-95), an online tracking system where
7    an applicant may review the status of its pending
8    application, including the name and contact information of
9    the permit analyst assigned to the application. Until the
10    online tracking system has been developed, the Agency
11    shall post on its website semi-annual permitting
12    efficiency tracking reports that include statistics on the
13    timeframes for Agency action on the following types of
14    permits received after July 12, 2011 (the effective date
15    of Public Act 97-95): air construction permits, new NPDES
16    permits and associated water construction permits, and
17    modifications of major NPDES permits and associated water
18    construction permits. The reports must be posted by
19    February 1 and August 1 each year and shall include:
20            (A) the number of applications received for each
21        type of permit, the number of applications on which
22        the Agency has taken action, and the number of
23        applications still pending; and
24            (B) for those applications where the Agency has
25        not taken action in accordance with the timeframes set
26        forth in this Act, the date the application was

 

 

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1        received and the reasons for any delays, which may
2        include, but shall not be limited to, (i) the
3        application being inadequate or incomplete, (ii)
4        scientific or technical disagreements with the
5        applicant, USEPA, or other local, state, or federal
6        agencies involved in the permitting approval process,
7        (iii) public opposition to the permit, or (iv) Agency
8        staffing shortages. To the extent practicable, the
9        tracking report shall provide approximate dates when
10        cause for delay was identified by the Agency, when the
11        Agency informed the applicant of the problem leading
12        to the delay, and when the applicant remedied the
13        reason for the delay.
14    (r) Upon the request of the applicant, the Agency shall
15notify the applicant of the permit analyst assigned to the
16application upon its receipt.
17    (s) The Agency is authorized to prepare and distribute
18guidance documents relating to its administration of this
19Section and procedural rules implementing this Section.
20Guidance documents prepared under this subsection shall not be
21considered rules and shall not be subject to the Illinois
22Administrative Procedure Act. Such guidance shall not be
23binding on any party.
24    (t) Except as otherwise prohibited by federal law or
25regulation, any person submitting an application for a permit
26may include with the application suggested permit language for

 

 

SB2421- 116 -LRB103 29079 CPF 55465 b

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

 

 

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1impoundment subject to Section 22.59.
2    (z) If a mass animal mortality event is declared by the
3Department of Agriculture in accordance with the Animal
4Mortality Act:
5        (1) the owner or operator responsible for the disposal
6    of dead animals is exempted from the following:
7            (i) obtaining a permit for the construction,
8        installation, or operation of any type of facility or
9        equipment issued in accordance with subsection (a) of
10        this Section;
11            (ii) obtaining a permit for open burning in
12        accordance with the rules adopted by the Board; and
13            (iii) registering the disposal of dead animals as
14        an eligible small source with the Agency in accordance
15        with Section 9.14 of this Act;
16        (2) as applicable, the owner or operator responsible
17    for the disposal of dead animals is required to obtain the
18    following permits:
19            (i) an NPDES permit in accordance with subsection
20        (b) of this Section;
21            (ii) a PSD permit or an NA NSR permit in accordance
22        with Section 9.1 of this Act;
23            (iii) a lifetime State operating permit or a
24        federally enforceable State operating permit, in
25        accordance with subsection (a) of this Section; or
26            (iv) a CAAPP permit, in accordance with Section

 

 

SB2421- 118 -LRB103 29079 CPF 55465 b

1        39.5 of this Act.
2    All CCR surface impoundment permits shall contain those
3terms and conditions, including, but not limited to, schedules
4of compliance, which may be required to accomplish the
5purposes and provisions of this Act, Board regulations, the
6Illinois Groundwater Protection Act and regulations pursuant
7thereto, and the Resource Conservation and Recovery Act and
8regulations pursuant thereto, and may include schedules for
9achieving compliance therewith as soon as possible.
10    The Board shall adopt filing requirements and procedures
11that are necessary and appropriate for the issuance of CCR
12surface impoundment permits and that are consistent with this
13Act or regulations adopted by the Board, and with the RCRA, as
14amended, and regulations pursuant thereto.
15    The applicant shall make available to the public for
16inspection all documents submitted by the applicant to the
17Agency in furtherance of an application, with the exception of
18trade secrets, on its public internet website as well as at the
19office of the county board or governing body of the
20municipality where CCR from the CCR surface impoundment will
21be permanently disposed. Such documents may be copied upon
22payment of the actual cost of reproduction during regular
23business hours of the local office.
24    The Agency shall issue a written statement concurrent with
25its grant or denial of the permit explaining the basis for its
26decision.

 

 

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1(Source: P.A. 101-171, eff. 7-30-19; 102-216, eff. 1-1-22;
2102-558, eff. 8-20-21; 102-813, eff. 5-13-22.)
 
3    (415 ILCS 5/40)  (from Ch. 111 1/2, par. 1040)
4    Sec. 40. Appeal of permit denial.
5    (a)(1) If the Agency refuses to grant or grants with
6conditions a permit under Section 39 of this Act, the
7applicant may, within 35 days after the date on which the
8Agency served its decision on the applicant, petition for a
9hearing before the Board to contest the decision of the
10Agency. However, the 35-day period for petitioning for a
11hearing may be extended for an additional period of time not to
12exceed 90 days by written notice provided to the Board from the
13applicant and the Agency within the initial appeal period. The
14Board shall give 21 days' notice to any person in the county
15where is located the facility in issue who has requested
16notice of enforcement proceedings and to each member of the
17General Assembly in whose legislative district that
18installation or property is located; and shall publish that
1921-day notice in a newspaper of general circulation in that
20county. The Agency shall appear as respondent in such hearing.
21At such hearing the rules prescribed in Section 32 and
22subsection (a) of Section 33 of this Act shall apply, and the
23burden of proof shall be on the petitioner. If, however, the
24Agency issues an NPDES permit that imposes limits which are
25based upon a criterion or denies a permit based upon

 

 

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1application of a criterion, then the Agency shall have the
2burden of going forward with the basis for the derivation of
3those limits or criterion which were derived under the Board's
4rules.
5    (2) Except as provided in paragraph (a)(3), if there is no
6final action by the Board within 120 days after the date on
7which it received the petition, the petitioner may deem the
8permit issued under this Act, provided, however, that that
9period of 120 days shall not run for any period of time, not to
10exceed 30 days, during which the Board is without sufficient
11membership to constitute the quorum required by subsection (a)
12of Section 5 of this Act, and provided further that such 120
13day period shall not be stayed for lack of quorum beyond 30
14days regardless of whether the lack of quorum exists at the
15beginning of such 120-day period or occurs during the running
16of such 120-day period.
17    (3) Paragraph (a)(2) shall not apply to any permit which
18is subject to subsection (b), (d) or (e) of Section 39. If
19there is no final action by the Board within 120 days after the
20date on which it received the petition, the petitioner shall
21be entitled to an Appellate Court order pursuant to subsection
22(d) of Section 41 of this Act.
23    (b) If the Agency grants a RCRA permit for a hazardous
24waste disposal site, a third party, other than the permit
25applicant or Agency, may, within 35 days after the date on
26which the Agency issued its decision, petition the Board for a

 

 

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1hearing to contest the issuance of the permit. Unless the
2Board determines that such petition is duplicative or
3frivolous, or that the petitioner is so located as to not be
4affected by the permitted facility, the Board shall hear the
5petition in accordance with the terms of subsection (a) of
6this Section and its procedural rules governing denial
7appeals, such hearing to be based exclusively on the record
8before the Agency. The burden of proof shall be on the
9petitioner. The Agency and the permit applicant shall be named
10co-respondents.
11    The provisions of this subsection do not apply to the
12granting of permits issued for the disposal or utilization of
13sludge from publicly owned sewage works.
14    (c) Any party to an Agency proceeding conducted pursuant
15to Section 39.3 of this Act may petition as of right to the
16Board for review of the Agency's decision within 35 days from
17the date of issuance of the Agency's decision, provided that
18such appeal is not duplicative or frivolous. However, the
1935-day period for petitioning for a hearing may be extended by
20the applicant for a period of time not to exceed 90 days by
21written notice provided to the Board from the applicant and
22the Agency within the initial appeal period. If another person
23with standing to appeal wishes to obtain an extension, there
24must be a written notice provided to the Board by that person,
25the Agency, and the applicant, within the initial appeal
26period. The decision of the Board shall be based exclusively

 

 

SB2421- 122 -LRB103 29079 CPF 55465 b

1on the record compiled in the Agency proceeding. In other
2respects the Board's review shall be conducted in accordance
3with subsection (a) of this Section and the Board's procedural
4rules governing permit denial appeals.
5    (d) In reviewing the denial or any condition of a NA NSR
6permit issued by the Agency pursuant to rules and regulations
7adopted under subsection (c) of Section 9.1 of this Act, the
8decision of the Board shall be based exclusively on the record
9before the Agency including the record of the hearing, if any,
10unless the parties agree to supplement the record. The Board
11shall, if it finds the Agency is in error, make a final
12determination as to the substantive limitations of the permit
13including a final determination of Lowest Achievable Emission
14Rate.
15    (e)(1) If the Agency grants or denies a permit under
16subsection (b) of Section 39 of this Act, a third party, other
17than the permit applicant or Agency, may petition the Board
18within 35 days from the date of issuance of the Agency's
19decision, for a hearing to contest the decision of the Agency.
20    (2) A petitioner shall include the following within a
21petition submitted under subdivision (1) of this subsection:
22        (A) a demonstration that the petitioner raised the
23    issues contained within the petition during the public
24    notice period or during the public hearing on the NPDES
25    permit application, if a public hearing was held; and
26        (B) a demonstration that the petitioner is so situated

 

 

SB2421- 123 -LRB103 29079 CPF 55465 b

1    as to be affected by the permitted facility.
2    (3) If the Board determines that the petition is not
3duplicative or frivolous and contains a satisfactory
4demonstration under subdivision (2) of this subsection, the
5Board shall hear the petition (i) in accordance with the terms
6of subsection (a) of this Section and its procedural rules
7governing permit denial appeals and (ii) exclusively on the
8basis of the record before the Agency. The burden of proof
9shall be on the petitioner. The Agency and permit applicant
10shall be named co-respondents.
11    (f) Any person who files a petition to contest the
12issuance of a permit by the Agency shall pay a filing fee.
13    (g) If the Agency grants or denies a permit under
14subsection (y) of Section 39, a third party, other than the
15permit applicant or Agency, may appeal the Agency's decision
16as provided under federal law for CCR surface impoundment
17permits.
18    (h) If the Agency grants or denies a permit for the capture
19of carbon dioxide under Section 9.20 or a permit for
20sequestration of carbon dioxide under Section 22.63,
21including, but not limited to, the disapproval of financial
22assurance under subsection (f) of Section 22.63, any person
23may petition the Board, within 35 days after the date of
24issuance of the Agency's decision, for a hearing to contest
25the grant or denial.
26(Source: P.A. 101-171, eff. 7-30-19; 102-558, eff. 8-20-21.)
 

 

 

SB2421- 124 -LRB103 29079 CPF 55465 b

1    Section 97. Severability. The provisions of this Act are
2severable under Section 1.31 of the Statute on Statutes.
 
3    Section 99. Effective date. This Act takes effect upon
4becoming law.

 

 

SB2421- 125 -LRB103 29079 CPF 55465 b

1 INDEX
2 Statutes amended in order of appearance
3    New Act
4    30 ILCS 105/5.990 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    415 ILCS 5/3.121 new
11    415 ILCS 5/3.132 new
12    415 ILCS 5/3.133 new
13    415 ILCS 5/3.134 new
14    415 ILCS 5/3.136 new
15    415 ILCS 5/3.446 new
16    415 ILCS 5/3.447 new
17    415 ILCS 5/9.19 new
18    415 ILCS 5/9.20 new
19    415 ILCS 5/21from Ch. 111 1/2, par. 1021
20    415 ILCS 5/22.63 new
21    415 ILCS 5/39from Ch. 111 1/2, par. 1039
22    415 ILCS 5/40from Ch. 111 1/2, par. 1040