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| | 103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB1190 Introduced 1/31/2023, by Rep. Bob Morgan SYNOPSIS AS INTRODUCED:
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| 415 ILCS 160/5 | | 415 ILCS 160/27 new | |
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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.
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| | A BILL FOR |
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| | HB1190 | | LRB103 05716 CPF 50736 b |
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| 1 | | AN ACT concerning safety.
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| 2 | | Be it enacted by the People of the State of Illinois,
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| 3 | | represented in the General Assembly:
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| 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:
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| 7 | | (415 ILCS 160/5)
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| 8 | | Sec. 5. Definitions. As used in this Act, unless the |
| 9 | | context otherwise requires:
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| 10 | | "Commission" means the Illinois Commerce Commission.
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| 11 | | "Contaminant" means gas, salt water, or any other |
| 12 | | deleterious substance released from an underground natural gas |
| 13 | | storage facility.
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| 14 | | "Department" means the Department of Natural Resources.
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| 15 | | "Director" means the Director of Natural Resources.
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| 16 | | "Downhole" means the portion of the underground natural |
| 17 | | gas storage facility from the first flange attaching the |
| 18 | | wellhead to the pipeline equipment and continuing down the |
| 19 | | well casing to and including the storage reservoir.
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| 20 | | "Federal Act" has the meaning given to that term in the |
| 21 | | Illinois Gas Pipeline Safety Act. |
| 22 | | "Gas" means natural gas.
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| 23 | | "Notice of probable violation" means a written notice, |
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| 1 | | satisfying the criteria set forth in Section 35, given by the |
| 2 | | underground natural gas storage safety manager to a person who |
| 3 | | operates an underground natural gas storage facility that |
| 4 | | identifies a failure of such person to comply with the |
| 5 | | provisions of this Act or the provisions of 49 U.S.C. Chapter |
| 6 | | 601 concerning underground natural gas storage facilities, or |
| 7 | | any Department order or rule issued under this Act, and may |
| 8 | | include recommendations for a penalty in connection therewith, |
| 9 | | subject to the terms of this Act.
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| 10 | | "Person" means an individual, firm, joint venture, |
| 11 | | partnership, corporation, company, limited liability company, |
| 12 | | firm, association, municipality, cooperative association, or |
| 13 | | joint stock association. "Person" includes a trustee, |
| 14 | | receiver, assignee, or personal representative thereof.
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| 15 | | "Underground natural gas storage facility" means a gas |
| 16 | | pipeline facility that stores natural gas in an underground |
| 17 | | facility, including a depleted hydrocarbon reservoir, an |
| 18 | | aquifer reservoir, and a solution-mined salt cavern reservoir.
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| 19 | | "Underground natural gas storage safety manager" means the |
| 20 | | manager of the Department's Underground Natural Gas Storage |
| 21 | | Safety Program or other staff of the Department assigned to |
| 22 | | underground natural gas storage safety issues.
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| 23 | | "Verified facility release" means that: |
| 24 | | (1) an unintentional gas release that originates |
| 25 | | within a quarter mile of an underground natural gas |
| 26 | | storage facility has occurred; |
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| 1 | | (2) the gases from the release are collected and |
| 2 | | tested, either by the underground natural gas storage |
| 3 | | facility's owner and operator or paid for by the |
| 4 | | underground natural gas storage facility's owner and |
| 5 | | operator, using gas chromatography or isotopic analysis; |
| 6 | | and |
| 7 | | (3) the gases' composition has markers of thermogenic |
| 8 | | origins that are indicative of pipeline gas. |
| 9 | | (Source: P.A. 100-1172, eff. 1-4-19.)
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| 10 | | (415 ILCS 160/27 new) |
| 11 | | Sec. 27. Verified facility release. In the case of a |
| 12 | | verified facility release, such as a natural gas incident as |
| 13 | | defined under 62 Ill. Adm. Code 240.1805, in
addition to any |
| 14 | | remedial or administrative duty ordered by any authorized
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| 15 | | State or federal agency, the owner and operator of the |
| 16 | | underground natural gas storage facility is responsible for |
| 17 | | the following: |
| 18 | | (1) Collection and testing of any gases released or |
| 19 | | found within a quarter mile
of the underground natural gas |
| 20 | | storage facility. |
| 21 | | (2) Installation and maintenance of monitors in |
| 22 | | affected areas, including homes, in accordance with the |
| 23 | | Illinois
Plumbing License Law and any rules adopted |
| 24 | | thereunder. |
| 25 | | (3) Offering and maintaining gas-water separators in |
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| 1 | | affected areas, including homes, in accordance with the |
| 2 | | Illinois
Plumbing License Law and any rules adopted |
| 3 | | thereunder. |
| 4 | | (4) Providing lodging accommodations when alerts from |
| 5 | | gas detectors are active and levels are explosive. |
| 6 | | (5) Undertaking a comprehensive inspection of the |
| 7 | | underground natural gas storage facility's wells that |
| 8 | | shall be completed by a licensed engineering firm. |
| 9 | | (6) Setting routine scheduled testing of property |
| 10 | | within the contamination area.
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| 11 | | Section 99. Effective date. This Act takes effect upon |
| 12 | | becoming law.
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