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Public Act 100-1172 | ||||
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AN ACT concerning regulation.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 1. Short title. This Act may be cited as the | ||||
Illinois Underground Natural Gas Storage Safety Act. | ||||
Section 5. Definitions. As used in this Act, unless the | ||||
context otherwise requires:
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"Commission" means the Illinois Commerce Commission.
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"Contaminant" means gas, salt water, or any other | ||||
deleterious substance released from an underground natural gas | ||||
storage facility.
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"Department" means the Department of Natural Resources.
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"Director" means the Director of Natural Resources.
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"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.
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"Federal Act" has the meaning given to that term in the | ||||
Illinois Gas Pipeline Safety Act. | ||||
"Gas" means natural gas.
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"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.
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"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.
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"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.
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"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.
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Section 10. Minimum safety standards.
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(a) As soon as practicable, but not later than 3 months | ||
after the effective date of this Act, the Department shall | ||
adopt rules establishing minimum safety standards for | ||
underground natural gas storage facilities. Such rules shall be |
at least as inclusive, stringent, and compatible with the | ||
minimum safety standards adopted by the Secretary of | ||
Transportation under 49 U.S.C. 60141. Thereafter, the | ||
Department shall maintain such rules so that the rules are at | ||
least as inclusive, stringent, and compatible with the minimum | ||
standards from time to time in effect under 49 U.S.C. 60141.
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(b) Standards established under this Section may apply to | ||
the design, installation, inspection, testing, construction, | ||
extension, operation, replacement, and maintenance of | ||
underground natural gas storage facilities. In accordance with | ||
49 U.S.C. 60104(b), standards affecting the design, | ||
installation, construction, initial inspection, and initial | ||
testing are not applicable to underground natural gas storage | ||
facilities in existence on the date the standards are adopted. | ||
If the Department finds that a facility is hazardous to life or | ||
property, it may require the person operating the facility to | ||
take the steps necessary to remove the hazard.
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(c) Standards established by the Department under this Act | ||
shall, subject to subsections (a) and (b), be practicable and | ||
designed to meet the need for underground natural gas storage | ||
facility safety. In prescribing the standards, the Department | ||
shall consider 49 U.S.C. 60141(b).
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Section 15. Waiver. Subject to 49 U.S.C. 60118(d), the | ||
Department may, upon application by any person operating an | ||
underground natural gas storage facility, waive in whole or in |
part compliance with any standard established under this Act if | ||
it determines that such a waiver is consistent with the safety | ||
of underground natural gas storage facilities. | ||
Section 20. Inspection and maintenance plan.
A person who | ||
operates an underground natural gas storage facility shall file | ||
with the Department a plan for inspection and maintenance of | ||
the downhole portion of each underground natural gas storage | ||
facility owned or operated by the person, as well as any | ||
changes in the plan, in accordance with rules prescribed by the | ||
Department. The Department may, by rule, also require the | ||
person to file the plan for approval. If the Department finds, | ||
at any time, that the plan is inadequate to achieve safe | ||
operation, the Department shall, after notice and opportunity | ||
for a hearing, require the plan to be revised. The plan | ||
required by the Department under this Section must be | ||
practicable and designed to meet the need for the safety of | ||
underground natural gas storage facilities. In determining the | ||
adequacy of a plan, the Department shall consider: (i) relevant | ||
available underground natural gas storage facility safety | ||
data; (ii) whether the plan is appropriate for the particular | ||
type of facility; (iii) the reasonableness of the plan; and | ||
(iv) the extent to which the plan will contribute to public | ||
safety.
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Section 25. Requirements; underground natural gas storage |
facility operation. A person who operates an underground | ||
natural gas storage facility shall: (1) after the date any | ||
applicable safety standard established under this Act takes | ||
effect, comply with the requirements of such standard at all | ||
times; (2) file and comply with the plan of inspection and | ||
maintenance required by Section 20; (3) keep records, make | ||
reports, provide information, and permit inspection of its | ||
books, records, and facilities as the Department reasonably | ||
requires to ensure compliance with this Act and the rules | ||
established under this Act; and (4) file with the Department, | ||
under rules adopted by the Department, reports of all accidents | ||
involving or related to the downhole portion of an underground | ||
natural gas storage facility. | ||
Section 30. Penalties; action for penalties; Department | ||
approval of penalties.
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(a) A person who violates Section 25 or any rule or order | ||
issued under this Act is subject to a civil penalty not to | ||
exceed the maximum penalties established by 49 U.S.C. | ||
60122(a)(1) for each day the violation persists.
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(b) Any civil penalty may be compromised by the Department | ||
or, subject to this Act, by the underground natural gas storage | ||
safety manager. In determining the amount of the penalty, the | ||
Department shall consider the standards set forth in 49 U.S.C. | ||
60122(b). The final amount of the penalty or the amount agreed | ||
upon in the compromise shall be paid or deducted from any sums |
owing by the State of Illinois to the person charged under the | ||
terms and conditions of the notice of probable violation, the | ||
agreed compromise, or the Department order, whichever applies, | ||
or may be recovered in a civil action in accordance with | ||
subsection (c). Unless specifically stated otherwise in the | ||
terms and conditions of a compromise agreement, a compromise of | ||
a penalty recommended in a notice of probable violation by the | ||
person charged shall not be an admission of liability.
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(c) Actions to recover penalties under this Act shall be | ||
brought in the name of the People of the State of Illinois in | ||
the circuit court in and for the county where the cause or part | ||
of the cause arose, where the Department has a principal place | ||
of business, where the corporation complained of, if any, has | ||
its principal place of business, or where the person, if any, | ||
complained of resides. All penalties recovered by the State in | ||
an action shall be paid to the Underground Resources | ||
Conservation Enforcement Fund. The action shall be commenced | ||
and prosecuted to final judgment by the Attorney General on | ||
behalf of the Department. In all such actions, the procedure | ||
and rules of evidence shall comply with the Civil Practice Law | ||
and other rules of court governing civil trials.
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(d) The Department may proceed under Section 11 of the | ||
Illinois Oil and Gas Act, either by mandamus or injunction, to | ||
secure compliance with its rules and orders issued under this | ||
Act.
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(e) A person penalized under this Section is not subject to |
any other penalty provided in the Illinois Oil and Gas Act for | ||
the same action.
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(f) If a penalty recommended by the underground natural gas | ||
storage safety manager is paid by the person charged in the | ||
applicable notice of probable violation in accordance with | ||
subsection (b), or in accordance with the terms and conditions | ||
of a compromise agreed upon by the person and the underground | ||
natural gas storage safety manager, then the underground | ||
natural gas storage safety manager shall report to, and request | ||
the approval of, the Director for each payment of a recommended | ||
penalty or agreed compromise, whichever applies, and shall also | ||
post the report on the Department's website as a public | ||
document. If the report and request for approval is made to the | ||
Director, the Director shall have the power, and is hereby | ||
given the authority, either upon the complaint or upon her or | ||
his own motion, after reasonable notice has been given within | ||
45 days after the report and request for approval was made, to | ||
enter a hearing concerning the propriety of the applicable | ||
notice of probable violation, payment, or compromise. If the | ||
Director does not exercise this power within the 45-day period, | ||
the payment or agreed compromise referenced in the report shall | ||
be approved by the Director by operation of law at the | ||
expiration of the 45-day period and the notice of probable | ||
violation and related investigation shall be closed.
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Section 35. Notice of probable violation; Department |
hearing.
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(a) As used in this Section, "violation" means a failure to | ||
comply with any provision of this Act or any Department order | ||
or rule issued under this Act.
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(b) After investigation and determination of a probable | ||
violation, the underground natural gas storage safety manager | ||
may issue a notice of probable violation. The notice of | ||
probable violation shall be considered served when sent by | ||
first class mail to the person or permittee at his or her last | ||
known address or by electronic mail in a manner prescribed by | ||
rules adopted by the Department under this Act. Any notice of | ||
probable violation issued and served as described in this | ||
subsection may also be posted on the Department's website as a | ||
public document.
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(c) A notice of probable violation shall include, at a | ||
minimum, the following: (1) the date the notice of probable | ||
violation was issued and served; (2) a description of the | ||
violation or violations alleged; (3) the date and location of | ||
the safety incident, if applicable, related to each alleged | ||
violation; (4) a detailed description of the circumstances that | ||
support the determination of each proposed violation; (5) a | ||
detailed description of the corrective action required with | ||
respect to each proposed violation; (6) the amount of the | ||
penalty, if any, recommended with respect to each proposed | ||
violation; (7) the applicable recommended deadline for payment | ||
of each proposed penalty and for completion of each proposed |
corrective action; (8) notification that any such recommended | ||
deadline may be extended by mutual agreement of the parties for | ||
the purpose of facilitating settlement or compromise; and (9) a | ||
brief description of the procedures by which any recommended | ||
penalty or proposed corrective action may be challenged at the | ||
Department or approved pursuant to subsection (f) of Section | ||
30.
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(d) Payment in full of each of the recommended penalties | ||
and full completion of each of the proposed corrective actions, | ||
as identified in the notice of probable violation and in | ||
accordance with the terms and conditions described in the | ||
notice of probable violation including, without limitation, | ||
the respective recommended deadlines described in the notice of | ||
probable violation for the payment or completion, shall | ||
constitute a final resolution of the notice of probable | ||
violation, subject to the approval by the Director of the | ||
recommended penalty and payment in accordance with subsection | ||
(f) of Section 30.
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(e) The person charged in the applicable notice of probable | ||
violation shall have 30 days from the date of service of the | ||
notice of probable violation to request a hearing. The filing | ||
of a request for a hearing shall not operate as a stay of the | ||
notice of probable violation.
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After receipt of a request, the Department shall provide | ||
the person with an opportunity for a formal hearing after | ||
giving a notice of not less than 5 days. The hearing shall be |
conducted by the Director or anyone designated by him or her | ||
for that purpose and shall be located and conducted in | ||
accordance with the rules adopted by the Department. Failure of | ||
the person or permittee to timely request a hearing or, if a | ||
civil penalty has been assessed, to timely tender the assessed | ||
civil penalty shall constitute a waiver of all legal rights to | ||
contest the notice of probable violation, including the amount | ||
of any civil penalty. Within 30 days after the close of the | ||
hearing record or expiration of the time to request a hearing, | ||
the Department shall issue a final administrative order.
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Section 40. Application; the Illinois Oil and Gas Act. | ||
Except as otherwise provided in this Act, the Illinois Oil and | ||
Gas Act applies to underground natural gas storage facilities | ||
and to persons operating underground natural gas storage | ||
facilities. | ||
Section 45. Annual certification and report. The | ||
Department shall prepare and file with the Secretary of | ||
Transportation the initial and annual certification and report | ||
required by 49 U.S.C. 60105(a). | ||
Section 50. Federal moneys. The Department may apply for, | ||
accept, receive, and receipt for federal moneys for the State | ||
given by the federal government under the Federal Act for any | ||
purpose within the authority of the Department. The Department |
may also act as an agent for an agency or officer of the | ||
federal government for any purpose that is otherwise within the | ||
authority of the Department, and the Department may enter into | ||
agreements for that purpose with the agency or officer. | ||
Section 55. Jurisdiction.
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(a) The Department and the Commission shall work | ||
cooperatively with each other and with other entities in the | ||
federal and State governments to ensure that the policies | ||
embodied in the Federal Act, the Illinois Gas Pipeline Safety | ||
Act, this Act, the Illinois Oil and Gas Act, the Public | ||
Utilities Act, and the rules adopted thereunder are fully | ||
effectuated. The Department and the Commission shall take steps | ||
to avoid the duplication of efforts while at the same time | ||
ensuring that all regulatory obligations are fulfilled. As long | ||
as the Department submits to the Secretary of Transportation | ||
annually the certification described in 49 U.S.C. 60105(a), and | ||
the certification is not rejected under 49 U.S.C. 60105(f), the | ||
Department shall have jurisdiction over the downhole portion of | ||
underground natural gas storage facilities subject to this Act. | ||
The Commission shall retain jurisdiction over all other | ||
portions of the underground natural gas storage facilities.
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(b) Nothing contained in this Act is intended, nor shall it | ||
be construed, to limit or diminish the authority of the | ||
Department under the Illinois Oil and Gas Act or the Commission | ||
under the Public Utilities Act.
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Section 60. Saving clause. If any provision, clause, or | ||
phrase of this Act or the application thereof to any person or | ||
circumstances is held invalid, such invalidity shall not affect | ||
other provisions or application of this Act that can be given | ||
effect without the invalid provision or application and to this | ||
end provisions of this Act are declared to be separable. | ||
Section 65. Department authority; enforcement. The | ||
Department shall have the authority to adopt reasonable rules | ||
as may be necessary from time to time in the proper | ||
administration and enforcement of this Act. | ||
Section 900. The Illinois Administrative Procedure Act is | ||
amended by changing Section 5-45 as follows: | ||
(5 ILCS 100/5-45) (from Ch. 127, par. 1005-45) | ||
Sec. 5-45. Emergency rulemaking. | ||
(a) "Emergency" means the existence of any situation that | ||
any agency
finds reasonably constitutes a threat to the public | ||
interest, safety, or
welfare. | ||
(b) If any agency finds that an
emergency exists that | ||
requires adoption of a rule upon fewer days than
is required by | ||
Section 5-40 and states in writing its reasons for that
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finding, the agency may adopt an emergency rule without prior | ||
notice or
hearing upon filing a notice of emergency rulemaking |
with the Secretary of
State under Section 5-70. The notice | ||
shall include the text of the
emergency rule and shall be | ||
published in the Illinois Register. Consent
orders or other | ||
court orders adopting settlements negotiated by an agency
may | ||
be adopted under this Section. Subject to applicable | ||
constitutional or
statutory provisions, an emergency rule | ||
becomes effective immediately upon
filing under Section 5-65 or | ||
at a stated date less than 10 days
thereafter. The agency's | ||
finding and a statement of the specific reasons
for the finding | ||
shall be filed with the rule. The agency shall take
reasonable | ||
and appropriate measures to make emergency rules known to the
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persons who may be affected by them. | ||
(c) An emergency rule may be effective for a period of not | ||
longer than
150 days, but the agency's authority to adopt an | ||
identical rule under Section
5-40 is not precluded. No | ||
emergency rule may be adopted more
than once in any 24-month | ||
period, except that this limitation on the number
of emergency | ||
rules that may be adopted in a 24-month period does not apply
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to (i) emergency rules that make additions to and deletions | ||
from the Drug
Manual under Section 5-5.16 of the Illinois | ||
Public Aid Code or the
generic drug formulary under Section | ||
3.14 of the Illinois Food, Drug
and Cosmetic Act, (ii) | ||
emergency rules adopted by the Pollution Control
Board before | ||
July 1, 1997 to implement portions of the Livestock Management
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Facilities Act, (iii) emergency rules adopted by the Illinois | ||
Department of Public Health under subsections (a) through (i) |
of Section 2 of the Department of Public Health Act when | ||
necessary to protect the public's health, (iv) emergency rules | ||
adopted pursuant to subsection (n) of this Section, (v) | ||
emergency rules adopted pursuant to subsection (o) of this | ||
Section, or (vi) emergency rules adopted pursuant to subsection | ||
(c-5) of this Section. Two or more emergency rules having | ||
substantially the same
purpose and effect shall be deemed to be | ||
a single rule for purposes of this
Section. | ||
(c-5) To facilitate the maintenance of the program of group | ||
health benefits provided to annuitants, survivors, and retired | ||
employees under the State Employees Group Insurance Act of | ||
1971, rules to alter the contributions to be paid by the State, | ||
annuitants, survivors, retired employees, or any combination | ||
of those entities, for that program of group health benefits, | ||
shall be adopted as emergency rules. The adoption of those | ||
rules shall be considered an emergency and necessary for the | ||
public interest, safety, and welfare. | ||
(d) In order to provide for the expeditious and timely | ||
implementation
of the State's fiscal year 1999 budget, | ||
emergency rules to implement any
provision of Public Act 90-587 | ||
or 90-588
or any other budget initiative for fiscal year 1999 | ||
may be adopted in
accordance with this Section by the agency | ||
charged with administering that
provision or initiative, | ||
except that the 24-month limitation on the adoption
of | ||
emergency rules and the provisions of Sections 5-115 and 5-125 | ||
do not apply
to rules adopted under this subsection (d). The |
adoption of emergency rules
authorized by this subsection (d) | ||
shall be deemed to be necessary for the
public interest, | ||
safety, and welfare. | ||
(e) In order to provide for the expeditious and timely | ||
implementation
of the State's fiscal year 2000 budget, | ||
emergency rules to implement any
provision of Public Act 91-24
| ||
or any other budget initiative for fiscal year 2000 may be | ||
adopted in
accordance with this Section by the agency charged | ||
with administering that
provision or initiative, except that | ||
the 24-month limitation on the adoption
of emergency rules and | ||
the provisions of Sections 5-115 and 5-125 do not apply
to | ||
rules adopted under this subsection (e). The adoption of | ||
emergency rules
authorized by this subsection (e) shall be | ||
deemed to be necessary for the
public interest, safety, and | ||
welfare. | ||
(f) In order to provide for the expeditious and timely | ||
implementation
of the State's fiscal year 2001 budget, | ||
emergency rules to implement any
provision of Public Act 91-712
| ||
or any other budget initiative for fiscal year 2001 may be | ||
adopted in
accordance with this Section by the agency charged | ||
with administering that
provision or initiative, except that | ||
the 24-month limitation on the adoption
of emergency rules and | ||
the provisions of Sections 5-115 and 5-125 do not apply
to | ||
rules adopted under this subsection (f). The adoption of | ||
emergency rules
authorized by this subsection (f) shall be | ||
deemed to be necessary for the
public interest, safety, and |
welfare. | ||
(g) In order to provide for the expeditious and timely | ||
implementation
of the State's fiscal year 2002 budget, | ||
emergency rules to implement any
provision of Public Act 92-10
| ||
or any other budget initiative for fiscal year 2002 may be | ||
adopted in
accordance with this Section by the agency charged | ||
with administering that
provision or initiative, except that | ||
the 24-month limitation on the adoption
of emergency rules and | ||
the provisions of Sections 5-115 and 5-125 do not apply
to | ||
rules adopted under this subsection (g). The adoption of | ||
emergency rules
authorized by this subsection (g) shall be | ||
deemed to be necessary for the
public interest, safety, and | ||
welfare. | ||
(h) In order to provide for the expeditious and timely | ||
implementation
of the State's fiscal year 2003 budget, | ||
emergency rules to implement any
provision of Public Act 92-597
| ||
or any other budget initiative for fiscal year 2003 may be | ||
adopted in
accordance with this Section by the agency charged | ||
with administering that
provision or initiative, except that | ||
the 24-month limitation on the adoption
of emergency rules and | ||
the provisions of Sections 5-115 and 5-125 do not apply
to | ||
rules adopted under this subsection (h). The adoption of | ||
emergency rules
authorized by this subsection (h) shall be | ||
deemed to be necessary for the
public interest, safety, and | ||
welfare. | ||
(i) In order to provide for the expeditious and timely |
implementation
of the State's fiscal year 2004 budget, | ||
emergency rules to implement any
provision of Public Act 93-20
| ||
or any other budget initiative for fiscal year 2004 may be | ||
adopted in
accordance with this Section by the agency charged | ||
with administering that
provision or initiative, except that | ||
the 24-month limitation on the adoption
of emergency rules and | ||
the provisions of Sections 5-115 and 5-125 do not apply
to | ||
rules adopted under this subsection (i). The adoption of | ||
emergency rules
authorized by this subsection (i) shall be | ||
deemed to be necessary for the
public interest, safety, and | ||
welfare. | ||
(j) In order to provide for the expeditious and timely | ||
implementation of the provisions of the State's fiscal year | ||
2005 budget as provided under the Fiscal Year 2005 Budget | ||
Implementation (Human Services) Act, emergency rules to | ||
implement any provision of the Fiscal Year 2005 Budget | ||
Implementation (Human Services) Act may be adopted in | ||
accordance with this Section by the agency charged with | ||
administering that provision, except that the 24-month | ||
limitation on the adoption of emergency rules and the | ||
provisions of Sections 5-115 and 5-125 do not apply to rules | ||
adopted under this subsection (j). The Department of Public Aid | ||
may also adopt rules under this subsection (j) necessary to | ||
administer the Illinois Public Aid Code and the Children's | ||
Health Insurance Program Act. The adoption of emergency rules | ||
authorized by this subsection (j) shall be deemed to be |
necessary for the public interest, safety, and welfare.
| ||
(k) In order to provide for the expeditious and timely | ||
implementation of the provisions of the State's fiscal year | ||
2006 budget, emergency rules to implement any provision of | ||
Public Act 94-48 or any other budget initiative for fiscal year | ||
2006 may be adopted in accordance with this Section by the | ||
agency charged with administering that provision or | ||
initiative, except that the 24-month limitation on the adoption | ||
of emergency rules and the provisions of Sections 5-115 and | ||
5-125 do not apply to rules adopted under this subsection (k). | ||
The Department of Healthcare and Family Services may also adopt | ||
rules under this subsection (k) necessary to administer the | ||
Illinois Public Aid Code, the Senior Citizens and Persons with | ||
Disabilities Property Tax Relief Act, the Senior Citizens and | ||
Disabled Persons Prescription Drug Discount Program Act (now | ||
the Illinois Prescription Drug Discount Program Act), and the | ||
Children's Health Insurance Program Act. The adoption of | ||
emergency rules authorized by this subsection (k) shall be | ||
deemed to be necessary for the public interest, safety, and | ||
welfare.
| ||
(l) In order to provide for the expeditious and timely | ||
implementation of the provisions of the
State's fiscal year | ||
2007 budget, the Department of Healthcare and Family Services | ||
may adopt emergency rules during fiscal year 2007, including | ||
rules effective July 1, 2007, in
accordance with this | ||
subsection to the extent necessary to administer the |
Department's responsibilities with respect to amendments to | ||
the State plans and Illinois waivers approved by the federal | ||
Centers for Medicare and Medicaid Services necessitated by the | ||
requirements of Title XIX and Title XXI of the federal Social | ||
Security Act. The adoption of emergency rules
authorized by | ||
this subsection (l) shall be deemed to be necessary for the | ||
public interest,
safety, and welfare.
| ||
(m) In order to provide for the expeditious and timely | ||
implementation of the provisions of the
State's fiscal year | ||
2008 budget, the Department of Healthcare and Family Services | ||
may adopt emergency rules during fiscal year 2008, including | ||
rules effective July 1, 2008, in
accordance with this | ||
subsection to the extent necessary to administer the | ||
Department's responsibilities with respect to amendments to | ||
the State plans and Illinois waivers approved by the federal | ||
Centers for Medicare and Medicaid Services necessitated by the | ||
requirements of Title XIX and Title XXI of the federal Social | ||
Security Act. The adoption of emergency rules
authorized by | ||
this subsection (m) shall be deemed to be necessary for the | ||
public interest,
safety, and welfare.
| ||
(n) In order to provide for the expeditious and timely | ||
implementation of the provisions of the State's fiscal year | ||
2010 budget, emergency rules to implement any provision of | ||
Public Act 96-45 or any other budget initiative authorized by | ||
the 96th General Assembly for fiscal year 2010 may be adopted | ||
in accordance with this Section by the agency charged with |
administering that provision or initiative. The adoption of | ||
emergency rules authorized by this subsection (n) shall be | ||
deemed to be necessary for the public interest, safety, and | ||
welfare. The rulemaking authority granted in this subsection | ||
(n) shall apply only to rules promulgated during Fiscal Year | ||
2010. | ||
(o) In order to provide for the expeditious and timely | ||
implementation of the provisions of the State's fiscal year | ||
2011 budget, emergency rules to implement any provision of | ||
Public Act 96-958 or any other budget initiative authorized by | ||
the 96th General Assembly for fiscal year 2011 may be adopted | ||
in accordance with this Section by the agency charged with | ||
administering that provision or initiative. The adoption of | ||
emergency rules authorized by this subsection (o) is deemed to | ||
be necessary for the public interest, safety, and welfare. The | ||
rulemaking authority granted in this subsection (o) applies | ||
only to rules promulgated on or after July 1, 2010 (the | ||
effective date of Public Act 96-958) through June 30, 2011. | ||
(p) In order to provide for the expeditious and timely | ||
implementation of the provisions of Public Act 97-689, | ||
emergency rules to implement any provision of Public Act 97-689 | ||
may be adopted in accordance with this subsection (p) by the | ||
agency charged with administering that provision or | ||
initiative. The 150-day limitation of the effective period of | ||
emergency rules does not apply to rules adopted under this | ||
subsection (p), and the effective period may continue through |
June 30, 2013. The 24-month limitation on the adoption of | ||
emergency rules does not apply to rules adopted under this | ||
subsection (p). The adoption of emergency rules authorized by | ||
this subsection (p) is deemed to be necessary for the public | ||
interest, safety, and welfare. | ||
(q) In order to provide for the expeditious and timely | ||
implementation of the provisions of Articles 7, 8, 9, 11, and | ||
12 of Public Act 98-104, emergency rules to implement any | ||
provision of Articles 7, 8, 9, 11, and 12 of Public Act 98-104 | ||
may be adopted in accordance with this subsection (q) by the | ||
agency charged with administering that provision or | ||
initiative. The 24-month limitation on the adoption of | ||
emergency rules does not apply to rules adopted under this | ||
subsection (q). The adoption of emergency rules authorized by | ||
this subsection (q) is deemed to be necessary for the public | ||
interest, safety, and welfare. | ||
(r) In order to provide for the expeditious and timely | ||
implementation of the provisions of Public Act 98-651, | ||
emergency rules to implement Public Act 98-651 may be adopted | ||
in accordance with this subsection (r) by the Department of | ||
Healthcare and Family Services. The 24-month limitation on the | ||
adoption of emergency rules does not apply to rules adopted | ||
under this subsection (r). The adoption of emergency rules | ||
authorized by this subsection (r) is deemed to be necessary for | ||
the public interest, safety, and welfare. | ||
(s) In order to provide for the expeditious and timely |
implementation of the provisions of Sections 5-5b.1 and 5A-2 of | ||
the Illinois Public Aid Code, emergency rules to implement any | ||
provision of Section 5-5b.1 or Section 5A-2 of the Illinois | ||
Public Aid Code may be adopted in accordance with this | ||
subsection (s) by the Department of Healthcare and Family | ||
Services. The rulemaking authority granted in this subsection | ||
(s) shall apply only to those rules adopted prior to July 1, | ||
2015. Notwithstanding any other provision of this Section, any | ||
emergency rule adopted under this subsection (s) shall only | ||
apply to payments made for State fiscal year 2015. The adoption | ||
of emergency rules authorized by this subsection (s) is deemed | ||
to be necessary for the public interest, safety, and welfare. | ||
(t) In order to provide for the expeditious and timely | ||
implementation of the provisions of Article II of Public Act | ||
99-6, emergency rules to implement the changes made by Article | ||
II of Public Act 99-6 to the Emergency Telephone System Act may | ||
be adopted in accordance with this subsection (t) by the | ||
Department of State Police. The rulemaking authority granted in | ||
this subsection (t) shall apply only to those rules adopted | ||
prior to July 1, 2016. The 24-month limitation on the adoption | ||
of emergency rules does not apply to rules adopted under this | ||
subsection (t). The adoption of emergency rules authorized by | ||
this subsection (t) is deemed to be necessary for the public | ||
interest, safety, and welfare. | ||
(u) In order to provide for the expeditious and timely | ||
implementation of the provisions of the Burn Victims Relief |
Act, emergency rules to implement any provision of the Act may | ||
be adopted in accordance with this subsection (u) by the | ||
Department of Insurance. The rulemaking authority granted in | ||
this subsection (u) shall apply only to those rules adopted | ||
prior to December 31, 2015. The adoption of emergency rules | ||
authorized by this subsection (u) is deemed to be necessary for | ||
the public interest, safety, and welfare. | ||
(v) In order to provide for the expeditious and timely | ||
implementation of the provisions of Public Act 99-516, | ||
emergency rules to implement Public Act 99-516 may be adopted | ||
in accordance with this subsection (v) by the Department of | ||
Healthcare and Family Services. The 24-month limitation on the | ||
adoption of emergency rules does not apply to rules adopted | ||
under this subsection (v). The adoption of emergency rules | ||
authorized by this subsection (v) is deemed to be necessary for | ||
the public interest, safety, and welfare. | ||
(w) In order to provide for the expeditious and timely | ||
implementation of the provisions of Public Act 99-796, | ||
emergency rules to implement the changes made by Public Act | ||
99-796 may be adopted in accordance with this subsection (w) by | ||
the Adjutant General. The adoption of emergency rules | ||
authorized by this subsection (w) is deemed to be necessary for | ||
the public interest, safety, and welfare. | ||
(x) In order to provide for the expeditious and timely | ||
implementation of the provisions of Public Act 99-906, | ||
emergency rules to implement subsection (i) of Section 16-115D, |
subsection (g) of Section 16-128A, and subsection (a) of | ||
Section 16-128B of the Public Utilities Act may be adopted in | ||
accordance with this subsection (x) by the Illinois Commerce | ||
Commission. The rulemaking authority granted in this | ||
subsection (x) shall apply only to those rules adopted within | ||
180 days after June 1, 2017 (the effective date of Public Act | ||
99-906). The adoption of emergency rules authorized by this | ||
subsection (x) is deemed to be necessary for the public | ||
interest, safety, and welfare. | ||
(y) In order to provide for the expeditious and timely | ||
implementation of the provisions of Public Act 100-23 this | ||
amendatory Act of the 100th General Assembly , emergency rules | ||
to implement the changes made by Public Act 100-23 this | ||
amendatory Act of the 100th General Assembly to Section 4.02 of | ||
the Illinois Act on the Aging, Sections 5.5.4 and 5-5.4i of the | ||
Illinois Public Aid Code, Section 55-30 of the Alcoholism and | ||
Other Drug Abuse and Dependency Act, and Sections 74 and 75 of | ||
the Mental Health and Developmental Disabilities | ||
Administrative Act may be adopted in accordance with this | ||
subsection (y) by the respective Department. The adoption of | ||
emergency rules authorized by this subsection (y) is deemed to | ||
be necessary for the public interest, safety, and welfare. | ||
(z) In order to provide for the expeditious and timely | ||
implementation of the provisions of Public Act 100-554 this | ||
amendatory Act of the 100th General Assembly , emergency rules | ||
to implement the changes made by Public Act 100-554 this |
amendatory Act of the 100th General Assembly to Section 4.7 of | ||
the Lobbyist Registration Act may be adopted in accordance with | ||
this subsection (z) by the Secretary of State. The adoption of | ||
emergency rules authorized by this subsection (z) is deemed to | ||
be necessary for the public interest, safety, and welfare. | ||
(aa) In order to provide for the expeditious and timely | ||
initial implementation of the changes made to Articles 5, 5A, | ||
12, and 14 of the Illinois Public Aid Code under the provisions | ||
of Public Act 100-581 this amendatory Act of the 100th General | ||
Assembly , the Department of Healthcare and Family Services may | ||
adopt emergency rules in accordance with this subsection (aa). | ||
The 24-month limitation on the adoption of emergency rules does | ||
not apply to rules to initially implement the changes made to | ||
Articles 5, 5A, 12, and 14 of the Illinois Public Aid Code | ||
adopted under this subsection (aa). The adoption of emergency | ||
rules authorized by this subsection (aa) is deemed to be | ||
necessary for the public interest, safety, and welfare. | ||
(bb) In order to provide for the expeditious and timely | ||
implementation of the provisions of Public Act 100-587 this | ||
amendatory Act of the 100th General Assembly , emergency rules | ||
to implement the changes made by Public Act 100-587 this | ||
amendatory Act of the 100th General Assembly to Section 4.02 of | ||
the Illinois Act on the Aging, Sections 5.5.4 and 5-5.4i of the | ||
Illinois Public Aid Code, subsection (b) of Section 55-30 of | ||
the Alcoholism and Other Drug Abuse and Dependency Act, Section | ||
5-104 of the Specialized Mental Health Rehabilitation Act of |
2013, and Section 75 and subsection (b) of Section 74 of the | ||
Mental Health and Developmental Disabilities Administrative | ||
Act may be adopted in accordance with this subsection (bb) by | ||
the respective Department. The adoption of emergency rules | ||
authorized by this subsection (bb) is deemed to be necessary | ||
for the public interest, safety, and welfare. | ||
(cc) (bb) In order to provide for the expeditious and | ||
timely implementation of the provisions of Public Act 100-587 | ||
this amendatory Act of the 100th General Assembly , emergency | ||
rules may be adopted in accordance with this subsection (cc) | ||
(bb) to implement the changes made by Public Act 100-587 this | ||
amendatory Act of the 100th General Assembly to: Sections | ||
14-147.5 and 14-147.6 of the Illinois Pension Code by the Board | ||
created under Article 14 of the Code; Sections 15-185.5 and | ||
15-185.6 of the Illinois Pension Code by the Board created | ||
under Article 15 of the Code; and Sections 16-190.5 and | ||
16-190.6 of the Illinois Pension Code by the Board created | ||
under Article 16 of the Code. The adoption of emergency rules | ||
authorized by this subsection (cc) (bb) is deemed to be | ||
necessary for the public interest, safety, and welfare. | ||
(dd) (aa) In order to provide for the expeditious and | ||
timely implementation of the provisions of Public Act 100-864 | ||
this amendatory Act of the 100th General Assembly , emergency | ||
rules to implement the changes made by Public Act 100-864 this | ||
amendatory Act of the 100th General Assembly to Section 3.35 of | ||
the Newborn Metabolic Screening Act may be adopted in |
accordance with this subsection (dd) (aa) by the Secretary of | ||
State. The adoption of emergency rules authorized by this | ||
subsection (dd) (aa) is deemed to be necessary for the public | ||
interest, safety, and welfare. | ||
(ee) In order to provide for the expeditious and timely | ||
implementation of the provisions of this amendatory Act of the | ||
100th General Assembly, emergency rules implementing the | ||
Illinois Underground Natural Gas Storage Safety Act may be | ||
adopted in accordance with this subsection by the Department of | ||
Natural Resources. The adoption of emergency rules authorized | ||
by this subsection is deemed to be necessary for the public | ||
interest, safety, and welfare. | ||
(Source: P.A. 99-2, eff. 3-26-15; 99-6, eff. 1-1-16; 99-143, | ||
eff. 7-27-15; 99-455, eff. 1-1-16; 99-516, eff. 6-30-16; | ||
99-642, eff. 7-28-16; 99-796, eff. 1-1-17; 99-906, eff. 6-1-17; | ||
100-23, eff. 7-6-17; 100-554, eff. 11-16-17; 100-581, eff. | ||
3-12-18; 100-587, Article 95, Section 95-5, eff. 6-4-18; | ||
100-587, Article 110, Section 110-5, eff. 6-4-18; 100-864, eff. | ||
8-14-18; revised 10-18-18.) | ||
Section 905. The Illinois Gas Pipeline Safety Act is | ||
amended by changing Sections 2.01, 2.07, 2.08, 3, 4, 9, and 11 | ||
and by adding Sections 2.10, 2.11, and 2.12 as follows:
| ||
(220 ILCS 20/2.01) (from Ch. 111 2/3, par. 552.1)
| ||
Sec. 2.01.
"Person" means any individual, firm, joint |
venture, partnership,
corporation, company, limited liability | ||
company, firm, association, municipality, cooperative | ||
association, or joint
stock association, and includes any | ||
trustee, receiver, assignee or personal
representative | ||
thereof.
| ||
(Source: P.A. 76-1588 .)
| ||
(220 ILCS 20/2.07) (from Ch. 111 2/3, par. 552.7)
| ||
Sec. 2.07.
"Federal Act" means 49 U.S.C. Chapter 601. This | ||
amendatory Act of the 100th General Assembly is intended to | ||
reflect numbering and citation changes to the United States | ||
Code occurring on or after the effective date of this | ||
amendatory Act of the 100th General Assembly the "Natural Gas | ||
Pipeline Safety Act of 1968" .
| ||
(Source: P.A. 76-1588 .)
| ||
(220 ILCS 20/2.08) | ||
Sec. 2.08. Notice of probable violation. "Notice of | ||
probable violation" or "NOPV" means a written notice, | ||
satisfying the criteria set forth in Section 7.5 of this Act, | ||
given by the pipeline safety manager to a person who engages in | ||
the transportation of gas or who owns or operates pipeline | ||
facilities that identifies a failure of such person to comply | ||
with the provisions of this Act, the Federal Act federal | ||
Natural Gas Pipeline Safety Act of 1968 , or any Commission | ||
order or rule issued under this Act and may recommend a penalty |
in connection therewith, subject to the terms of this Act.
| ||
(Source: P.A. 98-526, eff. 8-23-13.) | ||
(220 ILCS 20/2.10 new) | ||
Sec. 2.10. Department. "Department" means the Department | ||
of Natural Resources. | ||
(220 ILCS 20/2.11 new) | ||
Sec. 2.11. Downhole. "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. | ||
(220 ILCS 20/2.12 new) | ||
Sec. 2.12. Underground natural gas storage facility. | ||
"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.
| ||
(220 ILCS 20/3) (from Ch. 111 2/3, par. 553)
| ||
Sec. 3.
(a) As soon as practicable, but not later than 3 | ||
months after the
effective date of this Act, the Commission | ||
shall adopt rules establishing
minimum safety standards for the | ||
transportation of gas and for pipeline
facilities. Such rules | ||
shall be at least as inclusive, as stringent, and
compatible |
with, the minimum safety standards adopted by the Secretary of
| ||
Transportation under the Federal Act. Thereafter, the | ||
Commission shall
maintain such rules so that the rules are at | ||
least as inclusive, as
stringent, and compatible with, the | ||
minimum standards from time to time in
effect under the Federal | ||
Act. Notwithstanding the generality of the foregoing, the | ||
Commission shall not adopt or enforce standards governing | ||
downhole portions of an underground natural gas storage | ||
facility, as long as the Department submits to the Secretary of | ||
Transportation annually the certification described in 49 | ||
U.S.C. 60105(a) and the certification is not rejected under 49 | ||
U.S.C. 60105(f). The Commission and the Department shall work | ||
cooperatively with each other and with other entities in the | ||
federal and State governments to ensure that the policies | ||
embodied in the Federal Act, the Illinois Underground Natural | ||
Gas Storage Safety Act, this Act, the Illinois Oil and Gas Act, | ||
the Public Utilities Act, and the rules adopted thereunder, are | ||
fully effectuated. The Commission and the Department shall take | ||
steps to avoid the duplication of efforts while at the same | ||
time ensuring that all regulatory obligations are fulfilled. As | ||
long as the Department submits to the Secretary of | ||
Transportation annually the certification described in 49 | ||
U.S.C. 60105(a) and the certification is not rejected under 49 | ||
U.S.C. 60105(f), the Department shall have jurisdiction over | ||
the downhole portion of underground natural gas storage | ||
facilities subject to this Act. The Commission shall retain |
jurisdiction over all other portions of the underground natural | ||
gas storage facilities.
| ||
(b) Standards established under this Act may apply to the | ||
design,
installation, inspection, testing, construction, | ||
extension, operation,
replacement, and maintenance of pipeline | ||
facilities. Standards affecting
the design, installation, | ||
construction, initial inspection and initial
testing are not | ||
applicable to pipeline facilities in existence on the date
such | ||
standards are adopted. Whenever the Commission finds a | ||
particular
facility to be hazardous to life or property, it may | ||
require the person
operating such facility to take the steps | ||
necessary to remove the hazard.
| ||
(c) Standards established by the Commission under this Act | ||
shall,
subject to paragraphs (a) and (b) of this Section 3, be | ||
practicable and
designed to meet the need for pipeline safety. | ||
In prescribing such
standards, the Commission shall consider: | ||
similar standards established in
other states; relevant | ||
available pipeline safety data; whether such
standards are | ||
appropriate for the particular type of pipeline
| ||
transportation; the reasonableness of any proposed standards; | ||
and the
extent to which such standards will contribute to | ||
public safety.
| ||
Rules adopted under this Act are subject to "The Illinois | ||
Administrative
Procedure Act", approved September 22, 1975, as | ||
amended.
| ||
(Source: P.A. 97-96, eff. 7-13-11; 97-239, eff. 8-2-11; 97-906, |
eff. 8-7-12.)
| ||
(220 ILCS 20/4) (from Ch. 111 2/3, par. 554)
| ||
Sec. 4.
Subject to 49 U.S.C. 60118(d) Section 3, paragraph | ||
(e) of the Federal Act , the Commission
may, upon application by | ||
any person engaged in the transportation of gas or
the | ||
operation of pipeline facilities, waive in whole or in part, | ||
compliance
with any standard established under this Act, if it | ||
determines that such a
waiver is not inconsistent with gas | ||
pipeline safety.
| ||
(Source: P.A. 76-1588 .)
| ||
(220 ILCS 20/9) (from Ch. 111 2/3, par. 559)
| ||
Sec. 9.
The Commission shall prepare and file with the | ||
Secretary of
Transportation the initial and annual | ||
certification and report required by 49 U.S.C. 60105(a)
Section | ||
5, paragraph (a) of the Federal Act .
| ||
(Source: P.A. 76-1588 .)
| ||
(220 ILCS 20/11) (from Ch. 111 2/3, par. 561)
| ||
Sec. 11.
Nothing contained in this Act is intended, nor | ||
shall it be construed, to
limit or diminish the authority of | ||
the Commission under the Public Utilities Act or the Department | ||
under the Illinois Oil and Gas Act "An Act concerning
public | ||
utilities", approved June 29, 1921, as amended .
| ||
(Source: P.A. 76-1588; revised 10-19-18.)
|
Section 999. Effective date. This Act takes effect upon | ||
becoming law. |