HB4308 102ND GENERAL ASSEMBLY

LRB102 21452 SPS 30569 b

102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB4308

Introduced 1/5/2022, by Rep. Sonya M. Harper

SYNOPSIS AS INTRODUCED:

220 ILCS 85/25 new
220 ILCS 85/30 new
220 ILCS 85/35 new
220 ILCS 85/40 new
220 ILCS 85/45 new
220 ILCS 85/50 new
220 ILCS 85/55 new
220 ILCS 85/60 new

Amends the Pembroke Township Natural Gas Investment Pilot Program Act. Provides that none of the funds authorized or appropriated by the Act shall be used to take any of the land or personal property of any landowner or resident of Pembroke Township or the Village of Hopkins Park for the purpose of the design, construction, and installation of any natural gas pipeline without the expressed and written consent of the landowner or property owner. Provides that the Department of Economic Opportunity and the Illinois Commerce Commission may take specified actions in furtherance of public accountability and to guard against any misuse of public funds. Provides for a study and report on energy policy development options and a study of the projected impact and rate estimates for local households, consumers, businesses, farmers, and other industries from design, construction, installation, and operation of any natural gas pipeline. Creates provisions concerning a community benefit agreement. Provides that the Governor shall formally propose that Pembroke Township be permanently protected and preserved as part of the National Natural Landmark Program, support the requisite authorization and approval by the U.S. Secretary of the Interior, and provide requisite planning funds.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning regulation.

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

Section 5. The Pembroke Township Natural Gas Investment Pilot Program Act is amended by adding Sections 25, 30, 35, 40, 45, 50, 55, and 60 as follows:

(220 ILCS 85/25 new)

Sec. 25. Prohibition on takings. None of the funds authorized or appropriated pursuant to this Act shall be used to take any of the land or personal property of any landowner or resident of Pembroke Township or the Village of Hopkins Park for the purpose of the design, construction, and installation of any natural gas pipeline without the express and written consent of the landowner or property owner.

(220 ILCS 85/30 new)

Sec. 30. Protection for socially disadvantaged farmers, ranchers, forest landowners and operators, and other concerned local groups and residents. In compliance and conformity with Section 1006 of Title 1 of the American Rescue Plan Act of 2021 as enacted by Congress, none of the funds authorized or appropriated pursuant to this Act shall be used to take or otherwise jeopardize any of the land or personal property of any socially disadvantaged farmers, ranchers, forest land owners and operators, and groups or other residents of Pembroke Township or the Village of Hopkins Park and secured by loans from the Farm Services Agency, the U.S. Department of Agriculture, or any other financing provided by the federal government on or before January 1, 2021 for the purpose of the design, construction, and installation of any natural gas pipeline without the expressed and written consent of the landowner or property owner.

(220 ILCS 85/35 new)

Sec. 35. Public accountability and anticorruption safeguards.

(a) In furtherance of public accountability and to guard against any misuse of public funds, the Department or the Illinois Commerce Commission may:

(1) cancel any agreement or contract entered into pursuant to this Act if it determines, with respect to any agreement or contract to be financed by State funds, that corrupt or fraudulent practices were engaged in by any public officials and private representatives of the recipient or beneficiary of the aid funds during the acquisition of any related land or property, during design, procurement, construction, and installation, during the execution of the related agreement or contract, or during the operation of any natural gas pipeline without the recipient having taken timely, transparent, and appropriate action satisfactory to the Department and Illinois Commerce Commission to remedy the situation;

(2) inspect accounts and records of realtors, contractors, and suppliers relating to the performance of any agreement or contract and to perform a complete audit by auditors appointed by the Director of Commerce and Economic Opportunity or the Chairperson of the Illinois Commerce Commission; and

(3) bar firms from agreements or contracts financed by State funds, either indefinitely or for a specified period of time, if the Director of Commerce and Economic Opportunity or the Chairperson of the Illinois Commerce Commission determines that any party is engaged in corrupt or fraudulent practices in competing for or in executing an agreement or contract financed by State funds.

(b) Any violations of this Section shall be subject to applicable civil or criminal penalties, including fines or imprisonment.

(220 ILCS 85/40 new)

Sec. 40. Public participation; right to know provisions; and public safety, health, and ecological precautions. To ensure full and open public participation, to better inform and reassure all residents of Pembroke Township and the Village of Hopkins Park, and to protect the unique and endangered natural ecosystem in which they live:

(1) the Department shall notify every household of all past and pending complaints, legal claims, and regulatory actions concerning public safety, health, and environment and pertaining to any individual and business entity entering into any agreement or bidding on any contract for the design, construction, installation, or operation of any natural gas pipeline pursuant to this Act, no later than 45 days after the effective date of this amendatory Act of the 102nd General Assembly; and

(2) the Illinois Commerce Commission shall require every party to any agreement or contract for the design, construction, installation, or operation of any natural gas pipeline to fully comply with the public safety, health, and environmental protection provisions of 49 U.S.C. 8 and corresponding rules and regulations, including the Natural Gas Pipeline Safety Act of 1968.

(220 ILCS 85/45 new)

Sec. 45. Comprehensive study and report on energy policy development options. Prior to entering into or executing any agreement or contract regarding the design, construction, installation, or operation of any natural gas pipeline pursuant to this Act, the Department, the Illinois Commerce Commission, and the Environmental Protection Agency shall jointly conduct a comprehensive cost-benefit analysis of this project and associated risks, including a thorough comparative evaluation of the merits and demerits of designing, constructing, installing, and operating any natural gas pipeline in Pembroke Township and the Village of Hopkins Park relative to solar, wind, biomass, and other options for providing affordable, sustainable utility services to local households, consumers, businesses, and industries. The findings, underpinning documentation, conclusions, and recommendations must be completed and filed as a report with the General Assembly and made available to the public.

(220 ILCS 85/50 new)

Sec. 50. Projected impact and rate estimates for local households, consumers, farmers, businesses, and industries. Prior to the approval of any certificate of public convenience and necessity or additional regulatory permits requested by any utility pursuant to this Act, the Illinois Commerce Commission shall do a comprehensive and comparative study of the projected impact and rate estimates for local households, consumers, businesses, farmers, and other industries from design, construction, installation, and operation of any natural gas pipeline, including, but not limited to, any proposed and related use of renewable natural gas supplies, in Pembroke Township and the Village of Hopkins Park relative to solar, wind, biomass, and other nonfossil fuel sourced energy options, including, but not limited to, consideration of best practices for building decarbonization. The findings and underpinning economic data and analysis must be completed and filed as a timely report with the General Assembly and made available to the public.

(220 ILCS 85/55 new)

Sec. 55. Requirement of a community benefit agreement. To protect and preserve the unique natural, ecological, historical, and cultural heritage of Pembroke Township, including the Village of Hopkins Park, and to maximize the benefits for all residents of this vulnerable community, a community benefit agreement must be negotiated, approved, and signed jointly by a community benefit group, including representation of all local stakeholders who have concerns and who will be affected by the design, development, and installation of any natural gas pipeline pursuant to this Act, NICOR, Inc, or any other commercial developer, and the Director of Commerce and Economic Opportunity, the Director of the Environmental Protection Agency, and the Chairperson of the Illinois Commerce Commission. This agreement shall be legally binding and shall take effect prior to the approval of any certificate of public convenience and necessity and additional regulatory permits requested by any utility pursuant to this Act and prior to the design, construction, and installation of any natural gas pipeline.

(220 ILCS 85/60 new)

Sec. 60. Establishment of a National Natural Landmark in Pembroke Township. In consultation and collaboration with local residents and their elected representatives, the Governor shall formally propose that the natural history and irreplaceable ecological resources of Pembroke Township be permanently protected and preserved as a unique landscape in the State of Illinois and the United States as part of the National Natural Landmark Program, support the requisite authorization and approval by the U.S. Secretary of the Interior, and provide requisite planning funds.