Public Act 0754 96TH GENERAL ASSEMBLY

HB3854 Enrolled LRB096 11716 MJR 22435 b

Public Act 096-0754

AN ACT concerning economic development.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 1. Short title. This Act may be cited as the Carbon Capture and Sequestration Legislation Commission Act.

Section 5. Definitions. As used in this Act:

"CO₂" means carbon dioxide.

"Commission" means the Carbon Capture and Sequestration Legislation Commission.

"Director" means the Director of the Illinois Power Agency.

Section 10. Creation of the Carbon Capture and Sequestration Legislation Commission.

(a) The Carbon Capture and Sequestration Legislation Commission is created and shall consist of 11 members, including the Director, who shall serve as the ex-officio chairperson of the Commission.

(b) The remaining 10 members of the Commission shall be appointed as follows:

(1) one member shall be appointed by the Speaker of the House of Representatives;

(2) one member shall be appointed by the President of the Senate;

(3) one member shall be appointed by the Minority Leader of the House of Representatives;

(4) one member shall be appointed by the Minority Leader of the Senate;

(5) one member shall be the Chairperson of the Illinois Commerce Commission, or his or her designee; and

(5) 5 members shall be appointed by the Governor.

(c) The appointments made by the Governor shall include one member with legal expertise, one member with engineering expertise, one member with financial expertise, one member representing the employer community, and one member representing the environmental community.

(d) The Director may retain services from outside parties with legal, engineering, and financial expertise to assist the Commission in carrying out its duties.

(e) The Illinois Commerce Commission may assist the Director in staffing and administering the Commission.

(f) Commission members are not eligible to receive compensation or reimbursement of expenses.

Section 15. Report on carbon capture and sequestration legislation.

(a) The Commission shall file a report no later than December 31, 2010 with the General Assembly on all issues deemed appropriate to carbon capture and sequestration legislation, including, but not limited to, the following:

(1) Ownership of the CO₂.

(2) Liability for release of CO₂.

(3) Acquisition and ownership of pore space.

(4) Procedures and safeguards for the transportation and sequestration of CO₂.

(5) Methodology to establish any necessary fees, costs, or offsets.

(6) Potential use of CO₂.

(7) Construction of pipelines.

(8) Coordination with applicable federal law or regulatory commissions.

(b) The Commission shall be abolished upon filing its report with the General Assembly.

Section 20. Repealer. This Act is repealed on January 1, 2011.

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