Full Text of HB1190 103rd General Assembly
HB1190ham001 103RD GENERAL ASSEMBLY | Rep. Bob Morgan Filed: 3/10/2023
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| 1 | | AMENDMENT TO HOUSE BILL 1190
| 2 | | AMENDMENT NO. ______. Amend House Bill 1190 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Illinois Underground Natural Gas Storage | 5 | | Safety Act is amended by changing Section 5 and by adding | 6 | | Section 27 as follows: | 7 | | (415 ILCS 160/5)
| 8 | | Sec. 5. Definitions. As used in this Act, unless the | 9 | | context otherwise requires:
| 10 | | "Commission" means the Illinois Commerce Commission.
| 11 | | "Contaminant" means gas, salt water, or any other | 12 | | deleterious substance released from an underground natural gas | 13 | | storage facility.
| 14 | | "Department" means the Department of Natural Resources.
| 15 | | "Director" means the Director of Natural Resources.
| 16 | | "Downhole" means the portion of the underground natural |
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| 1 | | gas storage facility from the first flange attaching the | 2 | | wellhead to the pipeline equipment and continuing down the | 3 | | well casing to and including the storage reservoir.
| 4 | | "Federal Act" has the meaning given to that term in the | 5 | | Illinois Gas Pipeline Safety Act. | 6 | | "Gas" means natural gas.
| 7 | | "Notice of probable violation" means a written notice, | 8 | | satisfying the criteria set forth in Section 35, given by the | 9 | | underground natural gas storage safety manager to a person who | 10 | | operates an underground natural gas storage facility that | 11 | | identifies a failure of such person to comply with the | 12 | | provisions of this Act or the provisions of 49 U.S.C. Chapter | 13 | | 601 concerning underground natural gas storage facilities, or | 14 | | any Department order or rule issued under this Act, and may | 15 | | include recommendations for a penalty in connection therewith, | 16 | | subject to the terms of this Act.
| 17 | | "Person" means an individual, firm, joint venture, | 18 | | partnership, corporation, company, limited liability company, | 19 | | firm, association, municipality, cooperative association, or | 20 | | joint stock association. "Person" includes a trustee, | 21 | | receiver, assignee, or personal representative thereof.
| 22 | | "Underground natural gas storage facility" means a gas | 23 | | pipeline facility that stores natural gas in an underground | 24 | | facility, including a depleted hydrocarbon reservoir, an | 25 | | aquifer reservoir, and a solution-mined salt cavern reservoir.
| 26 | | "Underground natural gas storage safety manager" means the |
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| 1 | | manager of the Department's Underground Natural Gas Storage | 2 | | Safety Program or other staff of the Department assigned to | 3 | | underground natural gas storage safety issues. | 4 | | "Verified facility release" means a suspected or known | 5 | | natural gas or contaminant release that: (i) is regulated by | 6 | | the Department; (ii) originates from a natural gas storage | 7 | | facility; and (iii) is confirmed by chemical analysis | 8 | | conducted in accordance with Board rules to have occurred or | 9 | | be occurring within the perimeter of the underground natural | 10 | | gas storage facility or within one-quarter mile of that | 11 | | perimeter.
| 12 | | (Source: P.A. 100-1172, eff. 1-4-19.) | 13 | | (415 ILCS 160/27 new) | 14 | | Sec. 27. Verified facility release. The owner or operator | 15 | | of an underground natural gas storage facility shall create | 16 | | procedures for a suspected natural gas leak or suspected | 17 | | unintentional release from an underground natural gas storage | 18 | | facility that is identified by either the Department or the | 19 | | owner or operator. The procedures shall contain guidance to | 20 | | direct the owner or operator to, if possible, collect the gas | 21 | | from the suspected leak or suspected unintentional release for | 22 | | purposes of testing and verifying the source of the gas. | 23 | | Collecting and testing shall be performed by an | 24 | | independent contractor at the expense of the owner or | 25 | | operator. Testing of the gas shall be performed using either |
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| 1 | | gas chromatography or isotopic analysis to determine if the | 2 | | gas composition has markers of thermogenic origins that are | 3 | | indicative of pipeline gas. If the quantities released are | 4 | | insufficient to perform a test or if quantities are | 5 | | insufficient to confirm a leak exists, the owner or operation | 6 | | shall notify the Department, and no further action related to | 7 | | the collection and testing of the gas is required by the owner | 8 | | or operator. Previous failed attempts to collect and test the | 9 | | gas at the same site shall not remove the owner's or operator's | 10 | | responsibility to collect the gas and verify the source of the | 11 | | gas if a sufficient amount of gas for collection and testing is | 12 | | available later. | 13 | | The owner or operator may acknowledge that the leak or | 14 | | unintentional release is from the underground natural gas | 15 | | storage facility and treat it as a verified facility release | 16 | | in lieu of performing collection and testing. | 17 | | The owner or operator must have procedures to be used if | 18 | | the gas is identified or conceded to be a verified facility | 19 | | release. The procedures shall provide guidance on when | 20 | | atmospheric conditions within a dwelling resulting from a | 21 | | verified leak pose health or hazard issues. The owner or | 22 | | operator shall offer, at the owner's or operator's expense, | 23 | | reasonable lodging and accommodation as determined by the | 24 | | owner or operator to those living in the domicile for the | 25 | | duration of the health or hazard issue. | 26 | | The owner or operator shall perform sampling at a |
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| 1 | | frequency as determined by the owner or operator for natural | 2 | | gas in private drinking water wells in the areas determined by | 3 | | the owner or operator impacted by the leak or unintentional | 4 | | release. The owner or operator shall maintain routine | 5 | | monitoring of the areas impacted by the leak or unintentional | 6 | | release as determined by the owner's or operator's procedures. | 7 | | If natural gas is detected at levels posing health or | 8 | | hazard issues as determined by the Department of Public | 9 | | Health, the owner or operator shall offer and maintain gas | 10 | | water separators, at the owner's or operator's expense, in | 11 | | affected areas impacting the water supply, including | 12 | | domiciles. Where gas water separators are provided, the gas | 13 | | water separators shall be approved and installed in accordance | 14 | | with the Illinois Plumbing License Law, and any rules adopted | 15 | | thereunder, and shall be accompanied by an approved | 16 | | disinfection system or other associated water treatment device | 17 | | necessary to provide potable water to the affected area. | 18 | | With the property owner's or occupant's consent, the owner | 19 | | or operator of an underground natural gas storage facility | 20 | | shall provide, install, and maintain natural gas detection | 21 | | devices, at the owner's or operator's expense, determined to | 22 | | be appropriate by the owner or operator in the affected areas, | 23 | | including domiciles, to monitor the presence of natural gas. | 24 | | The owner or operator shall maintain and calibrate the devices | 25 | | according to the recommendations, if any, set by the | 26 | | manufacturers of the device. The owner or operator shall |
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| 1 | | provide the device manufacturer's specifications to the | 2 | | property owner or occupant for the specific gas detector, | 3 | | including the installed functions and the alarm levels set on | 4 | | the installed device. The alarm shall be set no higher than 25% | 5 | | of the lower explosive level for methane. If the property | 6 | | owner or occupant denies consent, the owner or operator of the | 7 | | underground natural gas storage facility shall notify the | 8 | | Department, and no further action related to the installation | 9 | | of devices is required by the owner or operator. | 10 | | The owner or operator shall maintain routine monitoring of | 11 | | the areas impacted by the leak or unintentional release by | 12 | | method and frequency as determined by the owner or operator | 13 | | and create a schedule to be shared with the Department of | 14 | | Natural Resources, the Environmental Protection Agency, and | 15 | | the Department of Public Health. If the Department of Natural | 16 | | Resources, the Environmental Protection Agency, or the | 17 | | Department of Public Health determines that the monitoring | 18 | | schedule is insufficient, then the owner or operator shall | 19 | | defer to the most rigorous recommended schedule. The owner or | 20 | | operator shall undertake a comprehensive inspection to an | 21 | | extent as determined by the owner or operator. | 22 | | Monitoring of the area impacted shall be maintained for a | 23 | | period after corrective action is completed. The | 24 | | post-correction monitoring period shall end as prescribed in | 25 | | the owner's or operator's procedures or otherwise required by | 26 | | the Department. ".
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