Rep. Jerry Costello, II
Filed: 11/21/2018
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1 | AMENDMENT TO SENATE BILL 3549
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2 | AMENDMENT NO. ______. Amend Senate Bill 3549 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 1. Short title. This Act may be cited as the | ||||||
5 | Illinois Underground Natural Gas Storage Safety Act. | ||||||
6 | Section 5. Definitions. As used in this Act, unless the | ||||||
7 | context otherwise requires:
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8 | "Commission" means the Illinois Commerce Commission.
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9 | "Contaminant" means gas, salt water, or any other | ||||||
10 | deleterious substance released from an underground natural gas | ||||||
11 | storage facility.
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12 | "Department" means the Department of Natural Resources.
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13 | "Director" means the Director of Natural Resources.
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14 | "Downhole" means the portion of the underground natural gas | ||||||
15 | storage facility from the first flange attaching the wellhead | ||||||
16 | to the pipeline equipment and continuing down the well casing |
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1 | to and including the storage reservoir.
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2 | "Federal Act" has the meaning given to that term in the | ||||||
3 | Illinois Gas Pipeline Safety Act. | ||||||
4 | "Gas" means natural gas.
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5 | "Notice of probable violation" means a written notice, | ||||||
6 | satisfying the criteria set forth in Section 35, given by the | ||||||
7 | underground natural gas storage safety manager to a person who | ||||||
8 | operates an underground natural gas storage facility that | ||||||
9 | identifies a failure of such person to comply with the | ||||||
10 | provisions of this Act or the provisions of 49 U.S.C. Chapter | ||||||
11 | 601 concerning underground natural gas storage facilities, or | ||||||
12 | any Department order or rule issued under this Act, and may | ||||||
13 | include recommendations for a penalty in connection therewith, | ||||||
14 | subject to the terms of this Act.
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15 | "Person" means an individual, firm, joint venture, | ||||||
16 | partnership, corporation, company, limited liability company, | ||||||
17 | firm, association, municipality, cooperative association, or | ||||||
18 | joint stock association. "Person" includes a trustee, | ||||||
19 | receiver, assignee, or personal representative thereof.
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20 | "Underground natural gas storage facility" means a gas | ||||||
21 | pipeline facility that stores natural gas in an underground | ||||||
22 | facility, including a depleted hydrocarbon reservoir, an | ||||||
23 | aquifer reservoir, and a solution-mined salt cavern reservoir.
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24 | "Underground natural gas storage safety manager" means the | ||||||
25 | manager of the Department's Underground Natural Gas Storage | ||||||
26 | Safety Program or other staff of the Department assigned to |
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1 | underground natural gas storage safety issues.
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2 | Section 10. Minimum safety standards.
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3 | (a) As soon as practicable, but not later than 3 months | ||||||
4 | after the effective date of this Act, the Department shall | ||||||
5 | adopt rules establishing minimum safety standards for | ||||||
6 | underground natural gas storage facilities. Such rules shall be | ||||||
7 | at least as inclusive, stringent, and compatible with the | ||||||
8 | minimum safety standards adopted by the Secretary of | ||||||
9 | Transportation under 49 U.S.C. 60141. Thereafter, the | ||||||
10 | Department shall maintain such rules so that the rules are at | ||||||
11 | least as inclusive, stringent, and compatible with the minimum | ||||||
12 | standards from time to time in effect under 49 U.S.C. 60141.
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13 | (b) Standards established under this Section may apply to | ||||||
14 | the design, installation, inspection, testing, construction, | ||||||
15 | extension, operation, replacement, and maintenance of | ||||||
16 | underground natural gas storage facilities. In accordance with | ||||||
17 | 49 U.S.C. 60104(b), standards affecting the design, | ||||||
18 | installation, construction, initial inspection, and initial | ||||||
19 | testing are not applicable to underground natural gas storage | ||||||
20 | facilities in existence on the date the standards are adopted. | ||||||
21 | If the Department finds that a facility is hazardous to life or | ||||||
22 | property, it may require the person operating the facility to | ||||||
23 | take the steps necessary to remove the hazard.
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24 | (c) Standards established by the Department under this Act | ||||||
25 | shall, subject to subsections (a) and (b), be practicable and |
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1 | designed to meet the need for underground natural gas storage | ||||||
2 | facility safety. In prescribing the standards, the Department | ||||||
3 | shall consider 49 U.S.C. 60141(b).
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4 | Section 15. Waiver. Subject to 49 U.S.C. 60118(d), the | ||||||
5 | Department may, upon application by any person operating an | ||||||
6 | underground natural gas storage facility, waive in whole or in | ||||||
7 | part compliance with any standard established under this Act if | ||||||
8 | it determines that such a waiver is consistent with the safety | ||||||
9 | of underground natural gas storage facilities. | ||||||
10 | Section 20. Inspection and maintenance plan.
A person who | ||||||
11 | operates an underground natural gas storage facility shall file | ||||||
12 | with the Department a plan for inspection and maintenance of | ||||||
13 | the downhole portion of each underground natural gas storage | ||||||
14 | facility owned or operated by the person, as well as any | ||||||
15 | changes in the plan, in accordance with rules prescribed by the | ||||||
16 | Department. The Department may, by rule, also require the | ||||||
17 | person to file the plan for approval. If the Department finds, | ||||||
18 | at any time, that the plan is inadequate to achieve safe | ||||||
19 | operation, the Department shall, after notice and opportunity | ||||||
20 | for a hearing, require the plan to be revised. The plan | ||||||
21 | required by the Department under this Section must be | ||||||
22 | practicable and designed to meet the need for the safety of | ||||||
23 | underground natural gas storage facilities. In determining the | ||||||
24 | adequacy of a plan, the Department shall consider: (i) relevant |
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1 | available underground natural gas storage facility safety | ||||||
2 | data; (ii) whether the plan is appropriate for the particular | ||||||
3 | type of facility; (iii) the reasonableness of the plan; and | ||||||
4 | (iv) the extent to which the plan will contribute to public | ||||||
5 | safety.
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6 | Section 25. Requirements; underground natural gas storage | ||||||
7 | facility operation. A person who operates an underground | ||||||
8 | natural gas storage facility shall: (1) after the date any | ||||||
9 | applicable safety standard established under this Act takes | ||||||
10 | effect, comply with the requirements of such standard at all | ||||||
11 | times; (2) file and comply with the plan of inspection and | ||||||
12 | maintenance required by Section 20; (3) keep records, make | ||||||
13 | reports, provide information, and permit inspection of its | ||||||
14 | books, records, and facilities as the Department reasonably | ||||||
15 | requires to ensure compliance with this Act and the rules | ||||||
16 | established under this Act; and (4) file with the Department, | ||||||
17 | under rules adopted by the Department, reports of all accidents | ||||||
18 | involving or related to the downhole portion of an underground | ||||||
19 | natural gas storage facility. | ||||||
20 | Section 30. Penalties; action for penalties; Department | ||||||
21 | approval of penalties.
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22 | (a) A person who violates Section 25 or any rule or order | ||||||
23 | issued under this Act is subject to a civil penalty not to | ||||||
24 | exceed the maximum penalties established by 49 U.S.C. |
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1 | 60122(a)(1) for each day the violation persists.
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2 | (b) Any civil penalty may be compromised by the Department | ||||||
3 | or, subject to this Act, by the underground natural gas storage | ||||||
4 | safety manager. In determining the amount of the penalty, the | ||||||
5 | Department shall consider the standards set forth in 49 U.S.C. | ||||||
6 | 60122(b). The final amount of the penalty or the amount agreed | ||||||
7 | upon in the compromise shall be paid or deducted from any sums | ||||||
8 | owing by the State of Illinois to the person charged under the | ||||||
9 | terms and conditions of the notice of probable violation, the | ||||||
10 | agreed compromise, or the Department order, whichever applies, | ||||||
11 | or may be recovered in a civil action in accordance with | ||||||
12 | subsection (c). Unless specifically stated otherwise in the | ||||||
13 | terms and conditions of a compromise agreement, a compromise of | ||||||
14 | a penalty recommended in a notice of probable violation by the | ||||||
15 | person charged shall not be an admission of liability.
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16 | (c) Actions to recover penalties under this Act shall be | ||||||
17 | brought in the name of the People of the State of Illinois in | ||||||
18 | the circuit court in and for the county where the cause or part | ||||||
19 | of the cause arose, where the Department has a principal place | ||||||
20 | of business, where the corporation complained of, if any, has | ||||||
21 | its principal place of business, or where the person, if any, | ||||||
22 | complained of resides. All penalties recovered by the State in | ||||||
23 | an action shall be paid to the Underground Resources | ||||||
24 | Conservation Enforcement Fund. The action shall be commenced | ||||||
25 | and prosecuted to final judgment by the Attorney General on | ||||||
26 | behalf of the Department. In all such actions, the procedure |
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1 | and rules of evidence shall comply with the Civil Practice Law | ||||||
2 | and other rules of court governing civil trials.
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3 | (d) The Department may proceed under Section 11 of the | ||||||
4 | Illinois Oil and Gas Act, either by mandamus or injunction, to | ||||||
5 | secure compliance with its rules and orders issued under this | ||||||
6 | Act.
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7 | (e) A person penalized under this Section is not subject to | ||||||
8 | any other penalty provided in the Illinois Oil and Gas Act for | ||||||
9 | the same action.
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10 | (f) If a penalty recommended by the underground natural gas | ||||||
11 | storage safety manager is paid by the person charged in the | ||||||
12 | applicable notice of probable violation in accordance with | ||||||
13 | subsection (b), or in accordance with the terms and conditions | ||||||
14 | of a compromise agreed upon by the person and the underground | ||||||
15 | natural gas storage safety manager, then the underground | ||||||
16 | natural gas storage safety manager shall report to, and request | ||||||
17 | the approval of, the Director for each payment of a recommended | ||||||
18 | penalty or agreed compromise, whichever applies, and shall also | ||||||
19 | post the report on the Department's website as a public | ||||||
20 | document. If the report and request for approval is made to the | ||||||
21 | Director, the Director shall have the power, and is hereby | ||||||
22 | given the authority, either upon the complaint or upon her or | ||||||
23 | his own motion, after reasonable notice has been given within | ||||||
24 | 45 days after the report and request for approval was made, to | ||||||
25 | enter a hearing concerning the propriety of the applicable | ||||||
26 | notice of probable violation, payment, or compromise. If the |
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1 | Director does not exercise this power within the 45-day period, | ||||||
2 | the payment or agreed compromise referenced in the report shall | ||||||
3 | be approved by the Director by operation of law at the | ||||||
4 | expiration of the 45-day period and the notice of probable | ||||||
5 | violation and related investigation shall be closed.
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6 | Section 35. Notice of probable violation; Department | ||||||
7 | hearing.
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8 | (a) As used in this Section, "violation" means a failure to | ||||||
9 | comply with any provision of this Act or any Department order | ||||||
10 | or rule issued under this Act.
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11 | (b) After investigation and determination of a probable | ||||||
12 | violation, the underground natural gas storage safety manager | ||||||
13 | may issue a notice of probable violation. The notice of | ||||||
14 | probable violation shall be considered served when sent by | ||||||
15 | first class mail to the person or permittee at his or her last | ||||||
16 | known address or by electronic mail in a manner prescribed by | ||||||
17 | rules adopted by the Department under this Act. Any notice of | ||||||
18 | probable violation issued and served as described in this | ||||||
19 | subsection may also be posted on the Department's website as a | ||||||
20 | public document.
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21 | (c) A notice of probable violation shall include, at a | ||||||
22 | minimum, the following: (1) the date the notice of probable | ||||||
23 | violation was issued and served; (2) a description of the | ||||||
24 | violation or violations alleged; (3) the date and location of | ||||||
25 | the safety incident, if applicable, related to each alleged |
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1 | violation; (4) a detailed description of the circumstances that | ||||||
2 | support the determination of each proposed violation; (5) a | ||||||
3 | detailed description of the corrective action required with | ||||||
4 | respect to each proposed violation; (6) the amount of the | ||||||
5 | penalty, if any, recommended with respect to each proposed | ||||||
6 | violation; (7) the applicable recommended deadline for payment | ||||||
7 | of each proposed penalty and for completion of each proposed | ||||||
8 | corrective action; (8) notification that any such recommended | ||||||
9 | deadline may be extended by mutual agreement of the parties for | ||||||
10 | the purpose of facilitating settlement or compromise; and (9) a | ||||||
11 | brief description of the procedures by which any recommended | ||||||
12 | penalty or proposed corrective action may be challenged at the | ||||||
13 | Department or approved pursuant to subsection (f) of Section | ||||||
14 | 30.
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15 | (d) Payment in full of each of the recommended penalties | ||||||
16 | and full completion of each of the proposed corrective actions, | ||||||
17 | as identified in the notice of probable violation and in | ||||||
18 | accordance with the terms and conditions described in the | ||||||
19 | notice of probable violation including, without limitation, | ||||||
20 | the respective recommended deadlines described in the notice of | ||||||
21 | probable violation for the payment or completion, shall | ||||||
22 | constitute a final resolution of the notice of probable | ||||||
23 | violation, subject to the approval by the Director of the | ||||||
24 | recommended penalty and payment in accordance with subsection | ||||||
25 | (f) of Section 30.
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26 | (e) The person charged in the applicable notice of probable |
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1 | violation shall have 30 days from the date of service of the | ||||||
2 | notice of probable violation to request a hearing. The filing | ||||||
3 | of a request for a hearing shall not operate as a stay of the | ||||||
4 | notice of probable violation.
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5 | After receipt of a request, the Department shall provide | ||||||
6 | the person with an opportunity for a formal hearing after | ||||||
7 | giving a notice of not less than 5 days. The hearing shall be | ||||||
8 | conducted by the Director or anyone designated by him or her | ||||||
9 | for that purpose and shall be located and conducted in | ||||||
10 | accordance with the rules adopted by the Department. Failure of | ||||||
11 | the person or permittee to timely request a hearing or, if a | ||||||
12 | civil penalty has been assessed, to timely tender the assessed | ||||||
13 | civil penalty shall constitute a waiver of all legal rights to | ||||||
14 | contest the notice of probable violation, including the amount | ||||||
15 | of any civil penalty. Within 30 days after the close of the | ||||||
16 | hearing record or expiration of the time to request a hearing, | ||||||
17 | the Department shall issue a final administrative order.
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18 | Section 40. Application; the Illinois Oil and Gas Act. | ||||||
19 | Except as otherwise provided in this Act, the Illinois Oil and | ||||||
20 | Gas Act applies to underground natural gas storage facilities | ||||||
21 | and to persons operating underground natural gas storage | ||||||
22 | facilities. | ||||||
23 | Section 45. Annual certification and report. The | ||||||
24 | Department shall prepare and file with the Secretary of |
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1 | Transportation the initial and annual certification and report | ||||||
2 | required by 49 U.S.C. 60105(a). | ||||||
3 | Section 50. Federal moneys. The Department may apply for, | ||||||
4 | accept, receive, and receipt for federal moneys for the State | ||||||
5 | given by the federal government under the Federal Act for any | ||||||
6 | purpose within the authority of the Department. The Department | ||||||
7 | may also act as an agent for an agency or officer of the | ||||||
8 | federal government for any purpose that is otherwise within the | ||||||
9 | authority of the Department, and the Department may enter into | ||||||
10 | agreements for that purpose with the agency or officer. | ||||||
11 | Section 55. Jurisdiction.
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12 | (a) The Department and the Commission shall work | ||||||
13 | cooperatively with each other and with other entities in the | ||||||
14 | federal and State governments to ensure that the policies | ||||||
15 | embodied in the Federal Act, the Illinois Gas Pipeline Safety | ||||||
16 | Act, this Act, the Illinois Oil and Gas Act, the Public | ||||||
17 | Utilities Act, and the rules adopted thereunder are fully | ||||||
18 | effectuated. The Department and the Commission shall take steps | ||||||
19 | to avoid the duplication of efforts while at the same time | ||||||
20 | ensuring that all regulatory obligations are fulfilled. As long | ||||||
21 | as the Department submits to the Secretary of Transportation | ||||||
22 | annually the certification described in 49 U.S.C. 60105(a), and | ||||||
23 | the certification is not rejected under 49 U.S.C. 60105(f), the | ||||||
24 | Department shall have jurisdiction over the downhole portion of |
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1 | underground natural gas storage facilities subject to this Act. | ||||||
2 | The Commission shall retain jurisdiction over all other | ||||||
3 | portions of the underground natural gas storage facilities.
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4 | (b) Nothing contained in this Act is intended, nor shall it | ||||||
5 | be construed, to limit or diminish the authority of the | ||||||
6 | Department under the Illinois Oil and Gas Act or the Commission | ||||||
7 | under the Public Utilities Act.
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8 | Section 60. Saving clause. If any provision, clause, or | ||||||
9 | phrase of this Act or the application thereof to any person or | ||||||
10 | circumstances is held invalid, such invalidity shall not affect | ||||||
11 | other provisions or application of this Act that can be given | ||||||
12 | effect without the invalid provision or application and to this | ||||||
13 | end provisions of this Act are declared to be separable. | ||||||
14 | Section 65. Department authority; enforcement. The | ||||||
15 | Department shall have the authority to adopt reasonable rules | ||||||
16 | as may be necessary from time to time in the proper | ||||||
17 | administration and enforcement of this Act. | ||||||
18 | Section 900. The Illinois Administrative Procedure Act is | ||||||
19 | amended by changing Section 5-45 as follows: | ||||||
20 | (5 ILCS 100/5-45) (from Ch. 127, par. 1005-45) | ||||||
21 | Sec. 5-45. Emergency rulemaking. | ||||||
22 | (a) "Emergency" means the existence of any situation that |
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1 | any agency
finds reasonably constitutes a threat to the public | ||||||
2 | interest, safety, or
welfare. | ||||||
3 | (b) If any agency finds that an
emergency exists that | ||||||
4 | requires adoption of a rule upon fewer days than
is required by | ||||||
5 | Section 5-40 and states in writing its reasons for that
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6 | finding, the agency may adopt an emergency rule without prior | ||||||
7 | notice or
hearing upon filing a notice of emergency rulemaking | ||||||
8 | with the Secretary of
State under Section 5-70. The notice | ||||||
9 | shall include the text of the
emergency rule and shall be | ||||||
10 | published in the Illinois Register. Consent
orders or other | ||||||
11 | court orders adopting settlements negotiated by an agency
may | ||||||
12 | be adopted under this Section. Subject to applicable | ||||||
13 | constitutional or
statutory provisions, an emergency rule | ||||||
14 | becomes effective immediately upon
filing under Section 5-65 or | ||||||
15 | at a stated date less than 10 days
thereafter. The agency's | ||||||
16 | finding and a statement of the specific reasons
for the finding | ||||||
17 | shall be filed with the rule. The agency shall take
reasonable | ||||||
18 | and appropriate measures to make emergency rules known to the
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19 | persons who may be affected by them. | ||||||
20 | (c) An emergency rule may be effective for a period of not | ||||||
21 | longer than
150 days, but the agency's authority to adopt an | ||||||
22 | identical rule under Section
5-40 is not precluded. No | ||||||
23 | emergency rule may be adopted more
than once in any 24-month | ||||||
24 | period, except that this limitation on the number
of emergency | ||||||
25 | rules that may be adopted in a 24-month period does not apply
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26 | to (i) emergency rules that make additions to and deletions |
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1 | from the Drug
Manual under Section 5-5.16 of the Illinois | ||||||
2 | Public Aid Code or the
generic drug formulary under Section | ||||||
3 | 3.14 of the Illinois Food, Drug
and Cosmetic Act, (ii) | ||||||
4 | emergency rules adopted by the Pollution Control
Board before | ||||||
5 | July 1, 1997 to implement portions of the Livestock Management
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6 | Facilities Act, (iii) emergency rules adopted by the Illinois | ||||||
7 | Department of Public Health under subsections (a) through (i) | ||||||
8 | of Section 2 of the Department of Public Health Act when | ||||||
9 | necessary to protect the public's health, (iv) emergency rules | ||||||
10 | adopted pursuant to subsection (n) of this Section, (v) | ||||||
11 | emergency rules adopted pursuant to subsection (o) of this | ||||||
12 | Section, or (vi) emergency rules adopted pursuant to subsection | ||||||
13 | (c-5) of this Section. Two or more emergency rules having | ||||||
14 | substantially the same
purpose and effect shall be deemed to be | ||||||
15 | a single rule for purposes of this
Section. | ||||||
16 | (c-5) To facilitate the maintenance of the program of group | ||||||
17 | health benefits provided to annuitants, survivors, and retired | ||||||
18 | employees under the State Employees Group Insurance Act of | ||||||
19 | 1971, rules to alter the contributions to be paid by the State, | ||||||
20 | annuitants, survivors, retired employees, or any combination | ||||||
21 | of those entities, for that program of group health benefits, | ||||||
22 | shall be adopted as emergency rules. The adoption of those | ||||||
23 | rules shall be considered an emergency and necessary for the | ||||||
24 | public interest, safety, and welfare. | ||||||
25 | (d) In order to provide for the expeditious and timely | ||||||
26 | implementation
of the State's fiscal year 1999 budget, |
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1 | emergency rules to implement any
provision of Public Act 90-587 | ||||||
2 | or 90-588
or any other budget initiative for fiscal year 1999 | ||||||
3 | may be adopted in
accordance with this Section by the agency | ||||||
4 | charged with administering that
provision or initiative, | ||||||
5 | except that the 24-month limitation on the adoption
of | ||||||
6 | emergency rules and the provisions of Sections 5-115 and 5-125 | ||||||
7 | do not apply
to rules adopted under this subsection (d). The | ||||||
8 | adoption of emergency rules
authorized by this subsection (d) | ||||||
9 | shall be deemed to be necessary for the
public interest, | ||||||
10 | safety, and welfare. | ||||||
11 | (e) In order to provide for the expeditious and timely | ||||||
12 | implementation
of the State's fiscal year 2000 budget, | ||||||
13 | emergency rules to implement any
provision of Public Act 91-24
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14 | or any other budget initiative for fiscal year 2000 may be | ||||||
15 | adopted in
accordance with this Section by the agency charged | ||||||
16 | with administering that
provision or initiative, except that | ||||||
17 | the 24-month limitation on the adoption
of emergency rules and | ||||||
18 | the provisions of Sections 5-115 and 5-125 do not apply
to | ||||||
19 | rules adopted under this subsection (e). The adoption of | ||||||
20 | emergency rules
authorized by this subsection (e) shall be | ||||||
21 | deemed to be necessary for the
public interest, safety, and | ||||||
22 | welfare. | ||||||
23 | (f) In order to provide for the expeditious and timely | ||||||
24 | implementation
of the State's fiscal year 2001 budget, | ||||||
25 | emergency rules to implement any
provision of Public Act 91-712
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26 | or any other budget initiative for fiscal year 2001 may be |
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1 | adopted in
accordance with this Section by the agency charged | ||||||
2 | with administering that
provision or initiative, except that | ||||||
3 | the 24-month limitation on the adoption
of emergency rules and | ||||||
4 | the provisions of Sections 5-115 and 5-125 do not apply
to | ||||||
5 | rules adopted under this subsection (f). The adoption of | ||||||
6 | emergency rules
authorized by this subsection (f) shall be | ||||||
7 | deemed to be necessary for the
public interest, safety, and | ||||||
8 | welfare. | ||||||
9 | (g) In order to provide for the expeditious and timely | ||||||
10 | implementation
of the State's fiscal year 2002 budget, | ||||||
11 | emergency rules to implement any
provision of Public Act 92-10
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12 | or any other budget initiative for fiscal year 2002 may be | ||||||
13 | adopted in
accordance with this Section by the agency charged | ||||||
14 | with administering that
provision or initiative, except that | ||||||
15 | the 24-month limitation on the adoption
of emergency rules and | ||||||
16 | the provisions of Sections 5-115 and 5-125 do not apply
to | ||||||
17 | rules adopted under this subsection (g). The adoption of | ||||||
18 | emergency rules
authorized by this subsection (g) shall be | ||||||
19 | deemed to be necessary for the
public interest, safety, and | ||||||
20 | welfare. | ||||||
21 | (h) In order to provide for the expeditious and timely | ||||||
22 | implementation
of the State's fiscal year 2003 budget, | ||||||
23 | emergency rules to implement any
provision of Public Act 92-597
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24 | or any other budget initiative for fiscal year 2003 may be | ||||||
25 | adopted in
accordance with this Section by the agency charged | ||||||
26 | with administering that
provision or initiative, except that |
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1 | the 24-month limitation on the adoption
of emergency rules and | ||||||
2 | the provisions of Sections 5-115 and 5-125 do not apply
to | ||||||
3 | rules adopted under this subsection (h). The adoption of | ||||||
4 | emergency rules
authorized by this subsection (h) shall be | ||||||
5 | deemed to be necessary for the
public interest, safety, and | ||||||
6 | welfare. | ||||||
7 | (i) In order to provide for the expeditious and timely | ||||||
8 | implementation
of the State's fiscal year 2004 budget, | ||||||
9 | emergency rules to implement any
provision of Public Act 93-20
| ||||||
10 | or any other budget initiative for fiscal year 2004 may be | ||||||
11 | adopted in
accordance with this Section by the agency charged | ||||||
12 | with administering that
provision or initiative, except that | ||||||
13 | the 24-month limitation on the adoption
of emergency rules and | ||||||
14 | the provisions of Sections 5-115 and 5-125 do not apply
to | ||||||
15 | rules adopted under this subsection (i). The adoption of | ||||||
16 | emergency rules
authorized by this subsection (i) shall be | ||||||
17 | deemed to be necessary for the
public interest, safety, and | ||||||
18 | welfare. | ||||||
19 | (j) In order to provide for the expeditious and timely | ||||||
20 | implementation of the provisions of the State's fiscal year | ||||||
21 | 2005 budget as provided under the Fiscal Year 2005 Budget | ||||||
22 | Implementation (Human Services) Act, emergency rules to | ||||||
23 | implement any provision of the Fiscal Year 2005 Budget | ||||||
24 | Implementation (Human Services) Act may be adopted in | ||||||
25 | accordance with this Section by the agency charged with | ||||||
26 | administering that provision, except that the 24-month |
| |||||||
| |||||||
1 | limitation on the adoption of emergency rules and the | ||||||
2 | provisions of Sections 5-115 and 5-125 do not apply to rules | ||||||
3 | adopted under this subsection (j). The Department of Public Aid | ||||||
4 | may also adopt rules under this subsection (j) necessary to | ||||||
5 | administer the Illinois Public Aid Code and the Children's | ||||||
6 | Health Insurance Program Act. The adoption of emergency rules | ||||||
7 | authorized by this subsection (j) shall be deemed to be | ||||||
8 | necessary for the public interest, safety, and welfare.
| ||||||
9 | (k) In order to provide for the expeditious and timely | ||||||
10 | implementation of the provisions of the State's fiscal year | ||||||
11 | 2006 budget, emergency rules to implement any provision of | ||||||
12 | Public Act 94-48 or any other budget initiative for fiscal year | ||||||
13 | 2006 may be adopted in accordance with this Section by the | ||||||
14 | agency charged with administering that provision or | ||||||
15 | initiative, except that the 24-month limitation on the adoption | ||||||
16 | of emergency rules and the provisions of Sections 5-115 and | ||||||
17 | 5-125 do not apply to rules adopted under this subsection (k). | ||||||
18 | The Department of Healthcare and Family Services may also adopt | ||||||
19 | rules under this subsection (k) necessary to administer the | ||||||
20 | Illinois Public Aid Code, the Senior Citizens and Persons with | ||||||
21 | Disabilities Property Tax Relief Act, the Senior Citizens and | ||||||
22 | Disabled Persons Prescription Drug Discount Program Act (now | ||||||
23 | the Illinois Prescription Drug Discount Program Act), and the | ||||||
24 | Children's Health Insurance Program Act. The adoption of | ||||||
25 | emergency rules authorized by this subsection (k) shall be | ||||||
26 | deemed to be necessary for the public interest, safety, and |
| |||||||
| |||||||
1 | welfare.
| ||||||
2 | (l) In order to provide for the expeditious and timely | ||||||
3 | implementation of the provisions of the
State's fiscal year | ||||||
4 | 2007 budget, the Department of Healthcare and Family Services | ||||||
5 | may adopt emergency rules during fiscal year 2007, including | ||||||
6 | rules effective July 1, 2007, in
accordance with this | ||||||
7 | subsection to the extent necessary to administer the | ||||||
8 | Department's responsibilities with respect to amendments to | ||||||
9 | the State plans and Illinois waivers approved by the federal | ||||||
10 | Centers for Medicare and Medicaid Services necessitated by the | ||||||
11 | requirements of Title XIX and Title XXI of the federal Social | ||||||
12 | Security Act. The adoption of emergency rules
authorized by | ||||||
13 | this subsection (l) shall be deemed to be necessary for the | ||||||
14 | public interest,
safety, and welfare.
| ||||||
15 | (m) In order to provide for the expeditious and timely | ||||||
16 | implementation of the provisions of the
State's fiscal year | ||||||
17 | 2008 budget, the Department of Healthcare and Family Services | ||||||
18 | may adopt emergency rules during fiscal year 2008, including | ||||||
19 | rules effective July 1, 2008, in
accordance with this | ||||||
20 | subsection to the extent necessary to administer the | ||||||
21 | Department's responsibilities with respect to amendments to | ||||||
22 | the State plans and Illinois waivers approved by the federal | ||||||
23 | Centers for Medicare and Medicaid Services necessitated by the | ||||||
24 | requirements of Title XIX and Title XXI of the federal Social | ||||||
25 | Security Act. The adoption of emergency rules
authorized by | ||||||
26 | this subsection (m) shall be deemed to be necessary for the |
| |||||||
| |||||||
1 | public interest,
safety, and welfare.
| ||||||
2 | (n) In order to provide for the expeditious and timely | ||||||
3 | implementation of the provisions of the State's fiscal year | ||||||
4 | 2010 budget, emergency rules to implement any provision of | ||||||
5 | Public Act 96-45 or any other budget initiative authorized by | ||||||
6 | the 96th General Assembly for fiscal year 2010 may be adopted | ||||||
7 | in accordance with this Section by the agency charged with | ||||||
8 | administering that provision or initiative. The adoption of | ||||||
9 | emergency rules authorized by this subsection (n) shall be | ||||||
10 | deemed to be necessary for the public interest, safety, and | ||||||
11 | welfare. The rulemaking authority granted in this subsection | ||||||
12 | (n) shall apply only to rules promulgated during Fiscal Year | ||||||
13 | 2010. | ||||||
14 | (o) In order to provide for the expeditious and timely | ||||||
15 | implementation of the provisions of the State's fiscal year | ||||||
16 | 2011 budget, emergency rules to implement any provision of | ||||||
17 | Public Act 96-958 or any other budget initiative authorized by | ||||||
18 | the 96th General Assembly for fiscal year 2011 may be adopted | ||||||
19 | in accordance with this Section by the agency charged with | ||||||
20 | administering that provision or initiative. The adoption of | ||||||
21 | emergency rules authorized by this subsection (o) is deemed to | ||||||
22 | be necessary for the public interest, safety, and welfare. The | ||||||
23 | rulemaking authority granted in this subsection (o) applies | ||||||
24 | only to rules promulgated on or after July 1, 2010 (the | ||||||
25 | effective date of Public Act 96-958) through June 30, 2011. | ||||||
26 | (p) In order to provide for the expeditious and timely |
| |||||||
| |||||||
1 | implementation of the provisions of Public Act 97-689, | ||||||
2 | emergency rules to implement any provision of Public Act 97-689 | ||||||
3 | may be adopted in accordance with this subsection (p) by the | ||||||
4 | agency charged with administering that provision or | ||||||
5 | initiative. The 150-day limitation of the effective period of | ||||||
6 | emergency rules does not apply to rules adopted under this | ||||||
7 | subsection (p), and the effective period may continue through | ||||||
8 | June 30, 2013. The 24-month limitation on the adoption of | ||||||
9 | emergency rules does not apply to rules adopted under this | ||||||
10 | subsection (p). The adoption of emergency rules authorized by | ||||||
11 | this subsection (p) is deemed to be necessary for the public | ||||||
12 | interest, safety, and welfare. | ||||||
13 | (q) In order to provide for the expeditious and timely | ||||||
14 | implementation of the provisions of Articles 7, 8, 9, 11, and | ||||||
15 | 12 of Public Act 98-104, emergency rules to implement any | ||||||
16 | provision of Articles 7, 8, 9, 11, and 12 of Public Act 98-104 | ||||||
17 | may be adopted in accordance with this subsection (q) by the | ||||||
18 | agency charged with administering that provision or | ||||||
19 | initiative. The 24-month limitation on the adoption of | ||||||
20 | emergency rules does not apply to rules adopted under this | ||||||
21 | subsection (q). The adoption of emergency rules authorized by | ||||||
22 | this subsection (q) is deemed to be necessary for the public | ||||||
23 | interest, safety, and welfare. | ||||||
24 | (r) In order to provide for the expeditious and timely | ||||||
25 | implementation of the provisions of Public Act 98-651, | ||||||
26 | emergency rules to implement Public Act 98-651 may be adopted |
| |||||||
| |||||||
1 | in accordance with this subsection (r) by the Department of | ||||||
2 | Healthcare and Family Services. The 24-month limitation on the | ||||||
3 | adoption of emergency rules does not apply to rules adopted | ||||||
4 | under this subsection (r). The adoption of emergency rules | ||||||
5 | authorized by this subsection (r) is deemed to be necessary for | ||||||
6 | the public interest, safety, and welfare. | ||||||
7 | (s) In order to provide for the expeditious and timely | ||||||
8 | implementation of the provisions of Sections 5-5b.1 and 5A-2 of | ||||||
9 | the Illinois Public Aid Code, emergency rules to implement any | ||||||
10 | provision of Section 5-5b.1 or Section 5A-2 of the Illinois | ||||||
11 | Public Aid Code may be adopted in accordance with this | ||||||
12 | subsection (s) by the Department of Healthcare and Family | ||||||
13 | Services. The rulemaking authority granted in this subsection | ||||||
14 | (s) shall apply only to those rules adopted prior to July 1, | ||||||
15 | 2015. Notwithstanding any other provision of this Section, any | ||||||
16 | emergency rule adopted under this subsection (s) shall only | ||||||
17 | apply to payments made for State fiscal year 2015. The adoption | ||||||
18 | of emergency rules authorized by this subsection (s) is deemed | ||||||
19 | to be necessary for the public interest, safety, and welfare. | ||||||
20 | (t) In order to provide for the expeditious and timely | ||||||
21 | implementation of the provisions of Article II of Public Act | ||||||
22 | 99-6, emergency rules to implement the changes made by Article | ||||||
23 | II of Public Act 99-6 to the Emergency Telephone System Act may | ||||||
24 | be adopted in accordance with this subsection (t) by the | ||||||
25 | Department of State Police. The rulemaking authority granted in | ||||||
26 | this subsection (t) shall apply only to those rules adopted |
| |||||||
| |||||||
1 | prior to July 1, 2016. The 24-month limitation on the adoption | ||||||
2 | of emergency rules does not apply to rules adopted under this | ||||||
3 | subsection (t). The adoption of emergency rules authorized by | ||||||
4 | this subsection (t) is deemed to be necessary for the public | ||||||
5 | interest, safety, and welfare. | ||||||
6 | (u) In order to provide for the expeditious and timely | ||||||
7 | implementation of the provisions of the Burn Victims Relief | ||||||
8 | Act, emergency rules to implement any provision of the Act may | ||||||
9 | be adopted in accordance with this subsection (u) by the | ||||||
10 | Department of Insurance. The rulemaking authority granted in | ||||||
11 | this subsection (u) shall apply only to those rules adopted | ||||||
12 | prior to December 31, 2015. The adoption of emergency rules | ||||||
13 | authorized by this subsection (u) is deemed to be necessary for | ||||||
14 | the public interest, safety, and welfare. | ||||||
15 | (v) In order to provide for the expeditious and timely | ||||||
16 | implementation of the provisions of Public Act 99-516, | ||||||
17 | emergency rules to implement Public Act 99-516 may be adopted | ||||||
18 | in accordance with this subsection (v) by the Department of | ||||||
19 | Healthcare and Family Services. The 24-month limitation on the | ||||||
20 | adoption of emergency rules does not apply to rules adopted | ||||||
21 | under this subsection (v). The adoption of emergency rules | ||||||
22 | authorized by this subsection (v) is deemed to be necessary for | ||||||
23 | the public interest, safety, and welfare. | ||||||
24 | (w) In order to provide for the expeditious and timely | ||||||
25 | implementation of the provisions of Public Act 99-796, | ||||||
26 | emergency rules to implement the changes made by Public Act |
| |||||||
| |||||||
1 | 99-796 may be adopted in accordance with this subsection (w) by | ||||||
2 | the Adjutant General. The adoption of emergency rules | ||||||
3 | authorized by this subsection (w) is deemed to be necessary for | ||||||
4 | the public interest, safety, and welfare. | ||||||
5 | (x) In order to provide for the expeditious and timely | ||||||
6 | implementation of the provisions of Public Act 99-906, | ||||||
7 | emergency rules to implement subsection (i) of Section 16-115D, | ||||||
8 | subsection (g) of Section 16-128A, and subsection (a) of | ||||||
9 | Section 16-128B of the Public Utilities Act may be adopted in | ||||||
10 | accordance with this subsection (x) by the Illinois Commerce | ||||||
11 | Commission. The rulemaking authority granted in this | ||||||
12 | subsection (x) shall apply only to those rules adopted within | ||||||
13 | 180 days after June 1, 2017 (the effective date of Public Act | ||||||
14 | 99-906). The adoption of emergency rules authorized by this | ||||||
15 | subsection (x) is deemed to be necessary for the public | ||||||
16 | interest, safety, and welfare. | ||||||
17 | (y) In order to provide for the expeditious and timely | ||||||
18 | implementation of the provisions of Public Act 100-23 this | ||||||
19 | amendatory Act of the 100th General Assembly , emergency rules | ||||||
20 | to implement the changes made by Public Act 100-23 this | ||||||
21 | amendatory Act of the 100th General Assembly to Section 4.02 of | ||||||
22 | the Illinois Act on the Aging, Sections 5.5.4 and 5-5.4i of the | ||||||
23 | Illinois Public Aid Code, Section 55-30 of the Alcoholism and | ||||||
24 | Other Drug Abuse and Dependency Act, and Sections 74 and 75 of | ||||||
25 | the Mental Health and Developmental Disabilities | ||||||
26 | Administrative Act may be adopted in accordance with this |
| |||||||
| |||||||
1 | subsection (y) by the respective Department. The adoption of | ||||||
2 | emergency rules authorized by this subsection (y) is deemed to | ||||||
3 | be necessary for the public interest, safety, and welfare. | ||||||
4 | (z) In order to provide for the expeditious and timely | ||||||
5 | implementation of the provisions of Public Act 100-554 this | ||||||
6 | amendatory Act of the 100th General Assembly , emergency rules | ||||||
7 | to implement the changes made by Public Act 100-554 this | ||||||
8 | amendatory Act of the 100th General Assembly to Section 4.7 of | ||||||
9 | the Lobbyist Registration Act may be adopted in accordance with | ||||||
10 | this subsection (z) by the Secretary of State. The adoption of | ||||||
11 | emergency rules authorized by this subsection (z) is deemed to | ||||||
12 | be necessary for the public interest, safety, and welfare. | ||||||
13 | (aa) In order to provide for the expeditious and timely | ||||||
14 | initial implementation of the changes made to Articles 5, 5A, | ||||||
15 | 12, and 14 of the Illinois Public Aid Code under the provisions | ||||||
16 | of Public Act 100-581 this amendatory Act of the 100th General | ||||||
17 | Assembly , the Department of Healthcare and Family Services may | ||||||
18 | adopt emergency rules in accordance with this subsection (aa). | ||||||
19 | The 24-month limitation on the adoption of emergency rules does | ||||||
20 | not apply to rules to initially implement the changes made to | ||||||
21 | Articles 5, 5A, 12, and 14 of the Illinois Public Aid Code | ||||||
22 | adopted under this subsection (aa). The adoption of emergency | ||||||
23 | rules authorized by this subsection (aa) is deemed to be | ||||||
24 | necessary for the public interest, safety, and welfare. | ||||||
25 | (bb) In order to provide for the expeditious and timely | ||||||
26 | implementation of the provisions of Public Act 100-587 this |
| |||||||
| |||||||
1 | amendatory Act of the 100th General Assembly , emergency rules | ||||||
2 | to implement the changes made by Public Act 100-587 this | ||||||
3 | amendatory Act of the 100th General Assembly to Section 4.02 of | ||||||
4 | the Illinois Act on the Aging, Sections 5.5.4 and 5-5.4i of the | ||||||
5 | Illinois Public Aid Code, subsection (b) of Section 55-30 of | ||||||
6 | the Alcoholism and Other Drug Abuse and Dependency Act, Section | ||||||
7 | 5-104 of the Specialized Mental Health Rehabilitation Act of | ||||||
8 | 2013, and Section 75 and subsection (b) of Section 74 of the | ||||||
9 | Mental Health and Developmental Disabilities Administrative | ||||||
10 | Act may be adopted in accordance with this subsection (bb) by | ||||||
11 | the respective Department. The adoption of emergency rules | ||||||
12 | authorized by this subsection (bb) is deemed to be necessary | ||||||
13 | for the public interest, safety, and welfare. | ||||||
14 | (cc) (bb) In order to provide for the expeditious and | ||||||
15 | timely implementation of the provisions of Public Act 100-587 | ||||||
16 | this amendatory Act of the 100th General Assembly , emergency | ||||||
17 | rules may be adopted in accordance with this subsection (cc) | ||||||
18 | (bb) to implement the changes made by Public Act 100-587 this | ||||||
19 | amendatory Act of the 100th General Assembly to: Sections | ||||||
20 | 14-147.5 and 14-147.6 of the Illinois Pension Code by the Board | ||||||
21 | created under Article 14 of the Code; Sections 15-185.5 and | ||||||
22 | 15-185.6 of the Illinois Pension Code by the Board created | ||||||
23 | under Article 15 of the Code; and Sections 16-190.5 and | ||||||
24 | 16-190.6 of the Illinois Pension Code by the Board created | ||||||
25 | under Article 16 of the Code. The adoption of emergency rules | ||||||
26 | authorized by this subsection (cc) (bb) is deemed to be |
| |||||||
| |||||||
1 | necessary for the public interest, safety, and welfare. | ||||||
2 | (dd) (aa) In order to provide for the expeditious and | ||||||
3 | timely implementation of the provisions of Public Act 100-864 | ||||||
4 | this amendatory Act of the 100th General Assembly , emergency | ||||||
5 | rules to implement the changes made by Public Act 100-864 this | ||||||
6 | amendatory Act of the 100th General Assembly to Section 3.35 of | ||||||
7 | the Newborn Metabolic Screening Act may be adopted in | ||||||
8 | accordance with this subsection (dd) (aa) by the Secretary of | ||||||
9 | State. The adoption of emergency rules authorized by this | ||||||
10 | subsection (dd) (aa) is deemed to be necessary for the public | ||||||
11 | interest, safety, and welfare. | ||||||
12 | (ee) In order to provide for the expeditious and timely | ||||||
13 | implementation of the provisions of this amendatory Act of the | ||||||
14 | 100th General Assembly, emergency rules implementing the | ||||||
15 | Illinois Underground Natural Gas Storage Safety Act may be | ||||||
16 | adopted in accordance with this subsection by the Department of | ||||||
17 | Natural Resources. The adoption of emergency rules authorized | ||||||
18 | by this subsection is deemed to be necessary for the public | ||||||
19 | interest, safety, and welfare. | ||||||
20 | (Source: P.A. 99-2, eff. 3-26-15; 99-6, eff. 1-1-16; 99-143, | ||||||
21 | eff. 7-27-15; 99-455, eff. 1-1-16; 99-516, eff. 6-30-16; | ||||||
22 | 99-642, eff. 7-28-16; 99-796, eff. 1-1-17; 99-906, eff. 6-1-17; | ||||||
23 | 100-23, eff. 7-6-17; 100-554, eff. 11-16-17; 100-581, eff. | ||||||
24 | 3-12-18; 100-587, Article 95, Section 95-5, eff. 6-4-18; | ||||||
25 | 100-587, Article 110, Section 110-5, eff. 6-4-18; 100-864, eff. | ||||||
26 | 8-14-18; revised 10-18-18.) |
| |||||||
| |||||||
1 | Section 905. The Illinois Gas Pipeline Safety Act is | ||||||
2 | amended by changing Sections 2.01, 2.07, 2.08, 3, 4, 9, and 11 | ||||||
3 | and by adding Sections 2.10, 2.11, and 2.12 as follows:
| ||||||
4 | (220 ILCS 20/2.01) (from Ch. 111 2/3, par. 552.1)
| ||||||
5 | Sec. 2.01.
"Person" means any individual, firm, joint | ||||||
6 | venture, partnership,
corporation, company, limited liability | ||||||
7 | company, firm, association, municipality, cooperative | ||||||
8 | association, or joint
stock association, and includes any | ||||||
9 | trustee, receiver, assignee or personal
representative | ||||||
10 | thereof.
| ||||||
11 | (Source: P.A. 76-1588 .)
| ||||||
12 | (220 ILCS 20/2.07) (from Ch. 111 2/3, par. 552.7)
| ||||||
13 | Sec. 2.07.
"Federal Act" means 49 U.S.C. Chapter 601. This | ||||||
14 | amendatory Act of the 100th General Assembly is intended to | ||||||
15 | reflect numbering and citation changes to the United States | ||||||
16 | Code occurring on or after the effective date of this | ||||||
17 | amendatory Act of the 100th General Assembly the "Natural Gas | ||||||
18 | Pipeline Safety Act of 1968" .
| ||||||
19 | (Source: P.A. 76-1588 .)
| ||||||
20 | (220 ILCS 20/2.08) | ||||||
21 | Sec. 2.08. Notice of probable violation. "Notice of | ||||||
22 | probable violation" or "NOPV" means a written notice, |
| |||||||
| |||||||
1 | satisfying the criteria set forth in Section 7.5 of this Act, | ||||||
2 | given by the pipeline safety manager to a person who engages in | ||||||
3 | the transportation of gas or who owns or operates pipeline | ||||||
4 | facilities that identifies a failure of such person to comply | ||||||
5 | with the provisions of this Act, the Federal Act federal | ||||||
6 | Natural Gas Pipeline Safety Act of 1968 , or any Commission | ||||||
7 | order or rule issued under this Act and may recommend a penalty | ||||||
8 | in connection therewith, subject to the terms of this Act.
| ||||||
9 | (Source: P.A. 98-526, eff. 8-23-13.) | ||||||
10 | (220 ILCS 20/2.10 new) | ||||||
11 | Sec. 2.10. Department. "Department" means the Department | ||||||
12 | of Natural Resources. | ||||||
13 | (220 ILCS 20/2.11 new) | ||||||
14 | Sec. 2.11. Downhole. "Downhole" means the portion of the | ||||||
15 | underground natural gas storage facility from the first flange | ||||||
16 | attaching the wellhead to the pipeline equipment and continuing | ||||||
17 | down the well casing to and including the storage reservoir. | ||||||
18 | (220 ILCS 20/2.12 new) | ||||||
19 | Sec. 2.12. Underground natural gas storage facility. | ||||||
20 | "Underground natural gas storage facility" means a gas pipeline | ||||||
21 | facility that stores natural gas in an underground facility, | ||||||
22 | including a depleted hydrocarbon reservoir, an aquifer | ||||||
23 | reservoir, and a solution-mined salt cavern reservoir.
|
| |||||||
| |||||||
1 | (220 ILCS 20/3) (from Ch. 111 2/3, par. 553)
| ||||||
2 | Sec. 3.
(a) As soon as practicable, but not later than 3 | ||||||
3 | months after the
effective date of this Act, the Commission | ||||||
4 | shall adopt rules establishing
minimum safety standards for the | ||||||
5 | transportation of gas and for pipeline
facilities. Such rules | ||||||
6 | shall be at least as inclusive, as stringent, and
compatible | ||||||
7 | with, the minimum safety standards adopted by the Secretary of
| ||||||
8 | Transportation under the Federal Act. Thereafter, the | ||||||
9 | Commission shall
maintain such rules so that the rules are at | ||||||
10 | least as inclusive, as
stringent, and compatible with, the | ||||||
11 | minimum standards from time to time in
effect under the Federal | ||||||
12 | Act. Notwithstanding the generality of the foregoing, the | ||||||
13 | Commission shall not adopt or enforce standards governing | ||||||
14 | downhole portions of an underground natural gas storage | ||||||
15 | facility, as long as the Department submits to the Secretary of | ||||||
16 | Transportation annually the certification described in 49 | ||||||
17 | U.S.C. 60105(a) and the certification is not rejected under 49 | ||||||
18 | U.S.C. 60105(f). The Commission and the Department shall work | ||||||
19 | cooperatively with each other and with other entities in the | ||||||
20 | federal and State governments to ensure that the policies | ||||||
21 | embodied in the Federal Act, the Illinois Underground Natural | ||||||
22 | Gas Storage Safety Act, this Act, the Illinois Oil and Gas Act, | ||||||
23 | the Public Utilities Act, and the rules adopted thereunder, are | ||||||
24 | fully effectuated. The Commission and the Department shall take | ||||||
25 | steps to avoid the duplication of efforts while at the same |
| |||||||
| |||||||
1 | time ensuring that all regulatory obligations are fulfilled. As | ||||||
2 | long as the Department submits to the Secretary of | ||||||
3 | Transportation annually the certification described in 49 | ||||||
4 | U.S.C. 60105(a) and the certification is not rejected under 49 | ||||||
5 | U.S.C. 60105(f), the Department shall have jurisdiction over | ||||||
6 | the downhole portion of underground natural gas storage | ||||||
7 | facilities subject to this Act. The Commission shall retain | ||||||
8 | jurisdiction over all other portions of the underground natural | ||||||
9 | gas storage facilities.
| ||||||
10 | (b) Standards established under this Act may apply to the | ||||||
11 | design,
installation, inspection, testing, construction, | ||||||
12 | extension, operation,
replacement, and maintenance of pipeline | ||||||
13 | facilities. Standards affecting
the design, installation, | ||||||
14 | construction, initial inspection and initial
testing are not | ||||||
15 | applicable to pipeline facilities in existence on the date
such | ||||||
16 | standards are adopted. Whenever the Commission finds a | ||||||
17 | particular
facility to be hazardous to life or property, it may | ||||||
18 | require the person
operating such facility to take the steps | ||||||
19 | necessary to remove the hazard.
| ||||||
20 | (c) Standards established by the Commission under this Act | ||||||
21 | shall,
subject to paragraphs (a) and (b) of this Section 3, be | ||||||
22 | practicable and
designed to meet the need for pipeline safety. | ||||||
23 | In prescribing such
standards, the Commission shall consider: | ||||||
24 | similar standards established in
other states; relevant | ||||||
25 | available pipeline safety data; whether such
standards are | ||||||
26 | appropriate for the particular type of pipeline
|
| |||||||
| |||||||
1 | transportation; the reasonableness of any proposed standards; | ||||||
2 | and the
extent to which such standards will contribute to | ||||||
3 | public safety.
| ||||||
4 | Rules adopted under this Act are subject to "The Illinois | ||||||
5 | Administrative
Procedure Act", approved September 22, 1975, as | ||||||
6 | amended.
| ||||||
7 | (Source: P.A. 97-96, eff. 7-13-11; 97-239, eff. 8-2-11; 97-906, | ||||||
8 | eff. 8-7-12.)
| ||||||
9 | (220 ILCS 20/4) (from Ch. 111 2/3, par. 554)
| ||||||
10 | Sec. 4.
Subject to 49 U.S.C. 60118(d) Section 3, paragraph | ||||||
11 | (e) of the Federal Act , the Commission
may, upon application by | ||||||
12 | any person engaged in the transportation of gas or
the | ||||||
13 | operation of pipeline facilities, waive in whole or in part, | ||||||
14 | compliance
with any standard established under this Act, if it | ||||||
15 | determines that such a
waiver is not inconsistent with gas | ||||||
16 | pipeline safety.
| ||||||
17 | (Source: P.A. 76-1588 .)
| ||||||
18 | (220 ILCS 20/9) (from Ch. 111 2/3, par. 559)
| ||||||
19 | Sec. 9.
The Commission shall prepare and file with the | ||||||
20 | Secretary of
Transportation the initial and annual | ||||||
21 | certification and report required by 49 U.S.C. 60105(a)
Section | ||||||
22 | 5, paragraph (a) of the Federal Act .
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23 | (Source: P.A. 76-1588 .)
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1 | (220 ILCS 20/11) (from Ch. 111 2/3, par. 561)
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2 | Sec. 11.
Nothing contained in this Act is intended, nor | ||||||
3 | shall it be construed, to
limit or diminish the authority of | ||||||
4 | the Commission under the Public Utilities Act or the Department | ||||||
5 | under the Illinois Oil and Gas Act "An Act concerning
public | ||||||
6 | utilities", approved June 29, 1921, as amended .
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7 | (Source: P.A. 76-1588; revised 10-19-18.)
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8 | Section 999. Effective date. This Act takes effect upon | ||||||
9 | becoming law.".
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