HB1190 103RD GENERAL ASSEMBLY

LRB103 05716 CPF 50736 b

103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB1190

Introduced 1/31/2023, by Rep. Bob Morgan

SYNOPSIS AS INTRODUCED:

415 ILCS 160/5
415 ILCS 160/27 new

Amends the Illinois Underground Natural Gas Storage Safety Act. Provides that, in the case of a verified facility release, the owner and operator of the underground natural gas storage facility is responsible for specified actions. Defines "verified facility release". Effective immediately.

A BILL FOR

AN ACT concerning safety.

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

Section 5. The Illinois Underground Natural Gas Storage Safety Act is amended by changing Section 5 and by adding Section 27 as follows:

(415 ILCS 160/5)

Sec. 5. Definitions. As used in this Act, unless the context otherwise requires:

"Commission" means the Illinois Commerce Commission.

"Contaminant" means gas, salt water, or any other deleterious substance released from an underground natural gas storage facility.

"Department" means the Department of Natural Resources.

"Director" means the Director of Natural Resources.

"Downhole" means the portion of the underground natural gas storage facility from the first flange attaching the wellhead to the pipeline equipment and continuing down the well casing to and including the storage reservoir.

"Federal Act" has the meaning given to that term in the Illinois Gas Pipeline Safety Act.

"Gas" means natural gas.

"Notice of probable violation" means a written notice, satisfying the criteria set forth in Section 35, given by the underground natural gas storage safety manager to a person who operates an underground natural gas storage facility that identifies a failure of such person to comply with the provisions of this Act or the provisions of 49 U.S.C. Chapter 601 concerning underground natural gas storage facilities, or any Department order or rule issued under this Act, and may include recommendations for a penalty in connection therewith, subject to the terms of this Act.

"Person" means an individual, firm, joint venture, partnership, corporation, company, limited liability company, firm, association, municipality, cooperative association, or joint stock association. "Person" includes a trustee, receiver, assignee, or personal representative thereof.

"Underground natural gas storage facility" means a gas pipeline facility that stores natural gas in an underground facility, including a depleted hydrocarbon reservoir, an aquifer reservoir, and a solution-mined salt cavern reservoir.

"Underground natural gas storage safety manager" means the manager of the Department's Underground Natural Gas Storage Safety Program or other staff of the Department assigned to underground natural gas storage safety issues.

"Verified facility release" means that:

(1) an unintentional gas release that originates within a quarter mile of an underground natural gas storage facility has occurred;

(2) the gases from the release are collected and tested, either by the underground natural gas storage facility's owner and operator or paid for by the underground natural gas storage facility's owner and operator, using gas chromatography or isotopic analysis; and

(3) the gases' composition has markers of thermogenic origins that are indicative of pipeline gas.

(Source: P.A. 100-1172, eff. 1-4-19.)

(415 ILCS 160/27 new)

Sec. 27. Verified facility release. In the case of a verified facility release, such as a natural gas incident as defined under 62 Ill. Adm. Code 240.1805, in addition to any remedial or administrative duty ordered by any authorized State or federal agency, the owner and operator of the underground natural gas storage facility is responsible for the following:

(1) Collection and testing of any gases released or found within a quarter mile of the underground natural gas storage facility.

(2) Installation and maintenance of monitors in affected areas, including homes, in accordance with the Illinois Plumbing License Law and any rules adopted thereunder.

(3) Offering and maintaining gas-water separators in affected areas, including homes, in accordance with the Illinois Plumbing License Law and any rules adopted thereunder.

(4) Providing lodging accommodations when alerts from gas detectors are active and levels are explosive.

(5) Undertaking a comprehensive inspection of the underground natural gas storage facility's wells that shall be completed by a licensed engineering firm.

(6) Setting routine scheduled testing of property within the contamination area.

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