SB2421 103RD GENERAL ASSEMBLY

LRB103 29079 CPF 55465 b

103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
SB2421

Introduced 2/10/2023, by Sen. Laura Fine

SYNOPSIS AS INTRODUCED:

See Index

Creates the Carbon Dioxide Transport and Storage Protections Act. Defines terms. Provides that (i) title to pore space belongs to and is vested in the surface owner of the overlying surface estate, (ii) a conveyance of title to a surface estate conveys title to the pore space in all strata underlying the surface estate, and (iii) title to pore space may not be severed from title to the surface estate. Notwithstanding any other provision of law, prohibits the amalgamation of pore space under the Eminent Domain Act. Contains requirements for valid amalgamation. Requires the Illinois Emergency Management Agency to determine a fee for carbon sequestration by rule. Creates the Carbon Transportation and Sequestration Readiness Fund and makes a conforming change in the State Finance Act. Requires the Illinois Emergency Management Agency and the Department of Public Health to conduct training with specified requirements. Contains other provisions. Amends the Illinois Power Agency Act. Makes changes to the definition of "sequester". Removes language requiring specified facilities to be clean coal facilities. Makes other changes. Amends the Carbon Dioxide Transportation and Sequestration Act. Contains requirements for receiving a certificate of authority. Makes other changes. Amends the Environmental Protection Act. Requires any person seeking to sequester carbon dioxide in Illinois to first obtain a carbon sequestration permit from the Agency. Contains other provisions and makes other changes. Contains a severability provision. 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 1. Short title. This Act may be cited as the Carbon Dioxide Transport and Storage Protections Act.

Section 5. Legislative findings and objectives. The General Assembly finds that:

(a) Illinois law currently lacks clarity concerning the rights of landowners with regard to pore space in the subsurface beneath their land, limiting landowners' ability to fully enjoy and protect their property.

(b) The transport of carbon dioxide via pipelines significantly affects landowners' rights to enjoy their property. Carbon dioxide pipelines may impede access to property and fields, harm crops and topsoil, and pose a risk of grave harm if there is a release of carbon dioxide.

(c) The storage of carbon dioxide in subsurface pore space may have profound impacts upon the surface estate. Subsurface carbon dioxide storage may require easements for pipelines, injection wells, monitoring equipment, and other infrastructure, harm crops and topsoil, and risks grave harm to landowners, surrounding ecosystems, and water supplies if carbon dioxide is released.

(d) To protect landowners, surface ecosystems, groundwater, and nearby residents, it is essential that Illinois clarify the ownership, liability, and other property rights associated with carbon dioxide transportation and storage before additional carbon transport and storage takes place in the State, as well as providing units of local government and residents with training and resources so they can be prepared if there is a carbon dioxide release.

Section 10. Definitions. In this Act:

"Amalgamation" means the combining or uniting of property rights in adjacent subsurface pore space for the permanent storage of carbon dioxide.

"Area of review" has the same meaning as defined in Section 3.121 of the Environmental Protection Act.

"Carbon dioxide injection well" means a well that is used to inject carbon dioxide into a reservoir for permanent geologic sequestration.

"Carbon dioxide pipeline" or "pipeline" means the in-state portion of a pipeline, including appurtenant facilities, property rights, and easements, that are used to transport carbon dioxide.

"Carbon dioxide stream" means carbon dioxide, any incidental associated substances derived from the source materials and process of producing or capturing carbon dioxide, and any substance added to the stream to enable or improve the injection process or the detection of a leak or rupture.

"Carbon dioxide sequestration reservoir" means a portion of a sedimentary geologic stratum or formation containing pore space, including, but not limited to, depleted reservoirs and saline formations, that the Environmental Protection Agency has determined is suitable for the injection and permanent storage of carbon dioxide.

"Department" means the Department of Public Health.

"Easement" means an interest in land owned by another person that conveys the right to use or control the land, or an area above or below it, for a specific purpose, including, but not limited to, the storage of carbon dioxide in subsurface cavities.

"Fund" means the Carbon Transportation and Sequestration Readiness Fund established under Section 35.

"Person" has the same meaning as defined in Section 3.315 of the Environmental Protection Act.

"Pipeline operator" means a person who owns, leases, operates, controls, or supervises a pipeline that transports carbon dioxide.

"Pore space" means subsurface cavities, voids, or saline beds that can be used to store carbon dioxide.

"Pore space owner" means the person who has title to a pore space.

"Sequester" has the same meaning as defined in Section 1-10 of the Illinois Power Agency Act.

"Sequestration" means to sequester or be sequestered.

"Sequestration facility" means the carbon dioxide sequestration reservoir, underground equipment, and surface facilities and equipment used or proposed to be used in a geologic storage operation. "Sequestration facility" includes an injection well and equipment used to connect the surface facility and equipment to the carbon dioxide sequestration reservoir and underground equipment. "Sequestration facility" does not include pipelines used to transport carbon dioxide to a sequestration facility.

"Sequestration operator" means a person who holds, is applying for, or is required to obtain a carbon sequestration permit under Section 22.63 of the Environmental Protection Act.

"Sequestration pore space" means a pore space proposed, authorized, or used for sequestering one or more carbon dioxide streams in accordance with a permit or permit application under Section 22.63 of the Environmental Protection Act.

"Surface owner" means a person identified in the records of the recorder of deeds for each county containing some portion of a proposed carbon dioxide sequestration reservoir as an owner of a whole or undivided fee simple interest or other freehold interest in real property, including, but not limited to, mineral rights, in the surface above the sequestration pore space. "Surface owner" does not include an owner of a right-of-way, easement, leasehold, or any other lesser estate.

"Transportation" means the physical movement of carbon dioxide by pipeline conducted for any person's use or on any person's account.

Section 15. Ownership and conveyance of pore space.

(a) Title to pore space belongs to and is vested in the surface owner of the overlying surface estate.

(b) A conveyance of title to a surface estate conveys title to the pore space in all strata underlying the surface estate.

(c) Title to pore space may not be severed from title to the surface estate. A grant of easement for use of pore space is not a severance prohibited under this subsection.

(d) A grant of easement for use of pore space shall not confer any right to enter upon or otherwise use the surface of the land unless the grant of easement expressly provides that right.

Section 20. Compulsory amalgamation. Notwithstanding any other provision of law, a sequestration operator may not exercise any authority to take or acquire any easement or title to any pore space or any portion of an area of review under the Eminent Domain Act for amalgamation. For amalgamation to be valid, a sequestration operator must obtain, for the entirety of the area of review the person seeks to use for carbon sequestration, either:

(1) a written grant of easement to enter into and use a surface owner's portion of the proposed area of review for carbon sequestration; or

(2) title to that portion of the proposed area of review and overlying surface estate.

Section 25. Ownership of carbon dioxide; liability.

(a) A sequestration operator is solely liable for any and all damage caused by carbon dioxide that is transported to the sequestration operator's sequestration facility for injection or sequestration or that is otherwise under the sequestration operator's control, including, but not limited to, damage caused by carbon dioxide released from the sequestration facility, regardless of who holds title to the carbon dioxide, the pore space, or the surface estate.

(b) A sequestration operator is solely liable for any and all damage or harm that may result from equipment associated with carbon sequestration, including, but not limited to, operation of the equipment.

(c) Title to carbon dioxide sequestered in Illinois shall not be vested in the owner of the sequestration pore space. Sequestered carbon dioxide is a separate property independent of the sequestration pore space.

Section 30. Carbon transportation and sequestration emergency response fee. In addition to any permit fee required under the Environmental Protection Act, all sequestration operators and pipeline operators who transport or sequester carbon dioxide in Illinois must pay a fee each year to the Illinois Emergency Management Agency. The fee shall be deposited in the Carbon Transportation and Sequestration Readiness Fund. The fee amount shall be determined by the Illinois Emergency Management Agency as a set amount (i) per mile of approved pipeline for each carbon dioxide pipeline, (ii) per square mile of area of review, and (iii) per ton of carbon dioxide sequestered for each approved carbon sequestration project. The fee shall be adjusted annually for inflation and shall be in an amount determined by the Illinois Emergency Management Agency as being more than adequate to fund emergency preparedness and response costs for units of local government through which a carbon pipeline passes or in which carbon sequestration takes place.

Section 35. Carbon Transportation and Sequestration Readiness Fund.

(a) The Carbon Transportation and Sequestration Readiness Fund is established as a special fund in the State treasury.

(b) The Fund shall consist of all moneys from fees collected under Section 30, all interest earned on moneys in the Fund, and any additional moneys allocated or appropriated to the Fund by the General Assembly.

(c) Moneys in the Fund shall be used only to:

(1) cover administrative costs of the Illinois Emergency Management Agency for administration of grants awarded under this Section and costs to the Illinois Emergency Management Agency and Department of Public Health to cover costs of preparing the training materials and offering the training sessions required under Section 40;

(2) provide funding to units of local government through which a carbon pipeline passes or in which carbon sequestration has been proposed or is taking place to enhance emergency preparedness and emergency response capabilities if a carbon dioxide release occurs; allowable expenditures of moneys provided under this paragraph include, but are not limited to:

(A) preparing emergency response plans for carbon dioxide release;

(B) purchasing electric emergency response vehicles;

(C) developing or maintaining a text message or other emergency communication alert system;

(D) purchasing devices that assist in the detection of a carbon dioxide release;

(E) equipment for first responders, local residents, and medical facilities that assist in the preparation for, detection of, or response to the release of carbon dioxide or other toxic or hazardous materials; and

(F) training and training materials for first responders, local residents, businesses, and other local entities to prepare for and respond to the release of carbon dioxide or other toxic or hazardous materials;

(3) fund research in technologies, other than those for carbon capture and sequestration, that reduce the potential for carbon dioxide pollution from industries that are major sources of carbon dioxide, including, but not limited to, steel and cement production; or

(4) fund research to better understand the scope of potential carbon dioxide releases and methods to limit the likelihood of a carbon dioxide release from a pipeline or sequestration facility, including, but not limited to, computer modeling to simulate carbon dioxide leaks from pipelines of varying diameters and lengths.

All research funded under paragraphs (3) and (4) must be included in a report published by the Illinois Emergency Management Agency on its website and containing recommendations for safety measures to protect communities from carbon dioxide releases, such as hazard zones, setbacks, additional monitoring, or other measures.

(d) The Fund shall be administered by the Illinois Emergency Management Agency. The Illinois Emergency Management Agency shall issue annual requests to relevant persons and entities for proposals to receive Fund moneys and shall award grants to qualified applicants who meet the criteria under subsection (c) and any other criteria the Illinois Emergency Management Agency deems necessary for the Fund to serve its intended purpose. Illinois Emergency Management Agency shall not limit the number of proposals an applicant may submit under this subsection.

(e) The Fund is not subject to subsection (c) of Section 5 of the State Finance Act.

Section 40. Training for carbon dioxide emergencies.

(a) Within one year after the effective date of this Act, the Environmental Protection Agency and the Department shall jointly prepare training materials for local emergency responders and medical personnel regarding what to do if carbon dioxide is released from a pipeline or a sequestration facility, including, but not limited to:

(1) how to identify a carbon dioxide release;

(2) communications protocols to quickly share information about a carbon dioxide release;

(3) protocols for locating residents and others in the affected area and, when necessary, transporting residents out of the area to health care facilities; and

(4) symptoms of and treatment for exposure to a carbon dioxide release.

(b) Each year, the Department of Public Health and the Environmental Protection Agency shall offer at least 3 training sessions on emergency response protocols during carbon dioxide releases for emergency responders and medical personnel in any county in which carbon dioxide is proposed to be, or is, transported or sequestered. Unless a health emergency necessitates virtual training only, the training sessions shall be in-person with the option to join remotely and shall be recorded. The recordings shall be maintained on the Environmental Protection Agency's and Department's publicly available websites.

(c) Within one year after the effective date of this Act, the Environmental Protection Agency and the Department shall jointly prepare training materials for residents, businesses, and other persons and entities located within 2 miles of a carbon dioxide pipeline or above the area of review regarding a carbon dioxide release. The training materials shall include, but are not limited to:

(1) how to identify a carbon dioxide release;

(2) what to do in the event of a carbon dioxide release;

(3) symptoms of exposure to a carbon dioxide release; and

(4) recommendations for items residents and other entities may want to purchase or request, including, but not limited to, carbon dioxide monitors and air supply respirators.

(d) Each year, the Environmental Protection Agency and the Department, in cooperation with local emergency response personnel, shall offer at least 2 public training sessions for residents and local businesses in every county in which carbon dioxide is proposed to be, or is, transported or sequestered. The training shall include, at a minimum, all the information in the training materials required under this Section. Unless a health emergency necessitates virtual training only, the training sessions shall be in-person with the option to join remotely and shall be recorded. The recordings shall be maintained on the Environmental Protection Agency's and Department's publicly available websites.

(e) Every 5 years, the Environmental Protection Agency and the Department shall review and, if appropriate, revise the training materials developed under this Section to incorporate new best practices, technologies, developments, or information that (i) improve emergency response and treatment for carbon dioxide releases and (ii) may assist local residents and businesses to be better prepared in the event of a carbon dioxide release.

Section 45. The State Finance Act is amended by adding Section 5.990 as follows:

(30 ILCS 105/5.990 new)

Sec. 5.990. The Carbon Transportation and Sequestration Readiness Fund.

Section 50. The Illinois Power Agency Act is amended by changing Sections 1-10 and 1-80 as follows:

(20 ILCS 3855/1-10)

Sec. 1-10. Definitions.

"Agency" means the Illinois Power Agency.

"Agency loan agreement" means any agreement pursuant to which the Illinois Finance Authority agrees to loan the proceeds of revenue bonds issued with respect to a project to the Agency upon terms providing for loan repayment installments at least sufficient to pay when due all principal of, interest and premium, if any, on those revenue bonds, and providing for maintenance, insurance, and other matters in respect of the project.

"Authority" means the Illinois Finance Authority.

"Brownfield site photovoltaic project" means photovoltaics that are either:

(1) interconnected to an electric utility as defined in this Section, a municipal utility as defined in this Section, a public utility as defined in Section 3-105 of the Public Utilities Act, or an electric cooperative as defined in Section 3-119 of the Public Utilities Act and located at a site that is regulated by any of the following entities under the following programs:

(A) the United States Environmental Protection Agency under the federal Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended;

(B) the United States Environmental Protection Agency under the Corrective Action Program of the federal Resource Conservation and Recovery Act, as amended;

(C) the Illinois Environmental Protection Agency under the Illinois Site Remediation Program; or

(D) the Illinois Environmental Protection Agency under the Illinois Solid Waste Program; or

(2) located at the site of a coal mine that has permanently ceased coal production, permanently halted any re-mining operations, and is no longer accepting any coal combustion residues; has both completed all clean-up and remediation obligations under the federal Surface Mining and Reclamation Act of 1977 and all applicable Illinois rules and any other clean-up, remediation, or ongoing monitoring to safeguard the health and well-being of the people of the State of Illinois, as well as demonstrated compliance with all applicable federal and State environmental rules and regulations, including, but not limited, to 35 Ill. Adm. Code Part 845 and any rules for historic fill of coal combustion residuals, including any rules finalized in Subdocket A of Illinois Pollution Control Board docket R2020-019.

"Clean coal facility" means an electric generating facility that uses primarily coal as a feedstock and that captures and sequesters carbon dioxide emissions at the following levels: at least 50% of the total carbon dioxide emissions that the facility would otherwise emit if, at the time construction commences, the facility is scheduled to commence operation before 2016, at least 70% of the total carbon dioxide emissions that the facility would otherwise emit if, at the time construction commences, the facility is scheduled to commence operation during 2016 or 2017, and at least 90% of the total carbon dioxide emissions that the facility would otherwise emit if, at the time construction commences, the facility is scheduled to commence operation after 2017. The power block of the clean coal facility shall not exceed allowable emission rates for sulfur dioxide, nitrogen oxides, carbon monoxide, particulates and mercury for a natural gas-fired combined-cycle facility the same size as and in the same location as the clean coal facility at the time the clean coal facility obtains an approved air permit. All coal used by a clean coal facility shall have high volatile bituminous rank and greater than 1.7 pounds of sulfur per million Btu btu content, unless the clean coal facility does not use gasification technology and was operating as a conventional coal-fired electric generating facility on June 1, 2009 (the effective date of Public Act 95-1027).

"Clean coal SNG brownfield facility" means a facility that (1) has commenced construction by July 1, 2015 on an urban brownfield site in a municipality with at least 1,000,000 residents; (2) uses a gasification process to produce substitute natural gas; (3) uses coal as at least 50% of the total feedstock over the term of any sourcing agreement with a utility and the remainder of the feedstock may be either petroleum coke or coal, with all such coal having a high bituminous rank and greater than 1.7 pounds of sulfur per million Btu content unless the facility reasonably determines that it is necessary to use additional petroleum coke to deliver additional consumer savings, in which case the facility shall use coal for at least 35% of the total feedstock over the term of any sourcing agreement; and (4) captures and sequesters at least 85% of the total carbon dioxide emissions that the facility would otherwise emit.

"Clean coal SNG facility" means a facility that uses a gasification process to produce substitute natural gas, that sequesters at least 90% of the total carbon dioxide emissions that the facility would otherwise emit, that uses at least 90% coal as a feedstock, with all such coal having a high bituminous rank and greater than 1.7 pounds of sulfur per million Btu btu content, and that has a valid and effective permit to construct emission sources and air pollution control equipment and approval with respect to the federal regulations for Prevention of Significant Deterioration of Air Quality (PSD) for the plant pursuant to the federal Clean Air Act; provided, however, a clean coal SNG brownfield facility shall not be a clean coal SNG facility.

"Clean energy" means energy generation that is 90% or greater free of carbon dioxide emissions.

"Commission" means the Illinois Commerce Commission.

"Community renewable generation project" means an electric generating facility that:

(1) is powered by wind, solar thermal energy, photovoltaic cells or panels, biodiesel, crops and untreated and unadulterated organic waste biomass, and hydropower that does not involve new construction or significant expansion of hydropower dams;

(2) is interconnected at the distribution system level of an electric utility as defined in this Section, a municipal utility as defined in this Section that owns or operates electric distribution facilities, a public utility as defined in Section 3-105 of the Public Utilities Act, or an electric cooperative, as defined in Section 3-119 of the Public Utilities Act;

(3) credits the value of electricity generated by the facility to the subscribers of the facility; and

(4) is limited in nameplate capacity to less than or equal to 5,000 kilowatts.

"Costs incurred in connection with the development and construction of a facility" means:

(1) the cost of acquisition of all real property, fixtures, and improvements in connection therewith and equipment, personal property, and other property, rights, and easements acquired that are deemed necessary for the operation and maintenance of the facility;

(2) financing costs with respect to bonds, notes, and other evidences of indebtedness of the Agency;

(3) all origination, commitment, utilization, facility, placement, underwriting, syndication, credit enhancement, and rating agency fees;

(4) engineering, design, procurement, consulting, legal, accounting, title insurance, survey, appraisal, escrow, trustee, collateral agency, interest rate hedging, interest rate swap, capitalized interest, contingency, as required by lenders, and other financing costs, and other expenses for professional services; and

(5) the costs of plans, specifications, site study and investigation, installation, surveys, other Agency costs and estimates of costs, and other expenses necessary or incidental to determining the feasibility of any project, together with such other expenses as may be necessary or incidental to the financing, insuring, acquisition, and construction of a specific project and starting up, commissioning, and placing that project in operation.

"Delivery services" has the same definition as found in Section 16-102 of the Public Utilities Act.

"Delivery year" means the consecutive 12-month period beginning June 1 of a given year and ending May 31 of the following year.

"Department" means the Department of Commerce and Economic Opportunity.

"Director" means the Director of the Illinois Power Agency.

"Demand-response" means measures that decrease peak electricity demand or shift demand from peak to off-peak periods.

"Distributed renewable energy generation device" means a device that is:

(1) powered by wind, solar thermal energy, photovoltaic cells or panels, biodiesel, crops and untreated and unadulterated organic waste biomass, tree waste, and hydropower that does not involve new construction or significant expansion of hydropower dams, waste heat to power systems, or qualified combined heat and power systems;

(2) interconnected at the distribution system level of either an electric utility as defined in this Section, a municipal utility as defined in this Section that owns or operates electric distribution facilities, or a rural electric cooperative as defined in Section 3-119 of the Public Utilities Act;

(3) located on the customer side of the customer's electric meter and is primarily used to offset that customer's electricity load; and

(4) (blank).

"Energy efficiency" means measures that reduce the amount of electricity or natural gas consumed in order to achieve a given end use. "Energy efficiency" includes voltage optimization measures that optimize the voltage at points on the electric distribution voltage system and thereby reduce electricity consumption by electric customers' end use devices. "Energy efficiency" also includes measures that reduce the total Btus of electricity, natural gas, and other fuels needed to meet the end use or uses.

"Electric utility" has the same definition as found in Section 16-102 of the Public Utilities Act.

"Equity investment eligible community" or "eligible community" are synonymous and mean the geographic areas throughout Illinois which would most benefit from equitable investments by the State designed to combat discrimination. Specifically, the eligible communities shall be defined as the following areas:

(1) R3 Areas as established pursuant to Section 10-40 of the Cannabis Regulation and Tax Act, where residents have historically been excluded from economic opportunities, including opportunities in the energy sector; and

(2) environmental Environmental justice communities, as defined by the Illinois Power Agency pursuant to the Illinois Power Agency Act, where residents have historically been subject to disproportionate burdens of pollution, including pollution from the energy sector.

"Equity eligible persons" or "eligible persons" means persons who would most benefit from equitable investments by the State designed to combat discrimination, specifically:

(1) persons who graduate from or are current or former participants in the Clean Jobs Workforce Network Program, the Clean Energy Contractor Incubator Program, the Illinois Climate Works Preapprenticeship Program, Returning Residents Clean Jobs Training Program, or the Clean Energy Primes Contractor Accelerator Program, and the solar training pipeline and multi-cultural jobs program created in paragraphs (a)(1) and (a)(3) of Section 16-208.12 16-108.21 of the Public Utilities Act;

(2) persons who are graduates of or currently enrolled in the foster care system;

(3) persons who were formerly incarcerated;

(4) persons whose primary residence is in an equity investment eligible community.

"Equity eligible contractor" means a business that is majority-owned by eligible persons, or a nonprofit or cooperative that is majority-governed by eligible persons, or is a natural person that is an eligible person offering personal services as an independent contractor.

"Facility" means an electric generating unit or a co-generating unit that produces electricity along with related equipment necessary to connect the facility to an electric transmission or distribution system.

"General contractor Contractor" means the entity or organization with main responsibility for the building of a construction project and who is the party signing the prime construction contract for the project.

"Governmental aggregator" means one or more units of local government that individually or collectively procure electricity to serve residential retail electrical loads located within its or their jurisdiction.

"High voltage direct current converter station" means the collection of equipment that converts direct current energy from a high voltage direct current transmission line into alternating current using Voltage Source Conversion technology and that is interconnected with transmission or distribution assets located in Illinois.

"High voltage direct current renewable energy credit" means a renewable energy credit associated with a renewable energy resource where the renewable energy resource has entered into a contract to transmit the energy associated with such renewable energy credit over high voltage direct current transmission facilities.

"High voltage direct current transmission facilities" means the collection of installed equipment that converts alternating current energy in one location to direct current and transmits that direct current energy to a high voltage direct current converter station using Voltage Source Conversion technology. "High voltage direct current transmission facilities" includes the high voltage direct current converter station itself and associated high voltage direct current transmission lines. Notwithstanding the preceding, after September 15, 2021 (the effective date of Public Act 102-662) this amendatory Act of the 102nd General Assembly, an otherwise qualifying collection of equipment does not qualify as high voltage direct current transmission facilities unless its developer entered into a project labor agreement, is capable of transmitting electricity at 525kv with an Illinois converter station located and interconnected in the region of the PJM Interconnection, LLC, and the system does not operate as a public utility, as that term is defined in Section 3-105 of the Public Utilities Act.

"Index price" means the real-time energy settlement price at the applicable Illinois trading hub, such as PJM-NIHUB or MISO-IL, for a given settlement period.

"Indexed renewable energy credit" means a tradable credit that represents the environmental attributes of one megawatt hour of energy produced from a renewable energy resource, the price of which shall be calculated by subtracting the strike price offered by a new utility-scale wind project or a new utility-scale photovoltaic project from the index price in a given settlement period.

"Indexed renewable energy credit counterparty" has the same meaning as "public utility" as defined in Section 3-105 of the Public Utilities Act.

"Local government" means a unit of local government as defined in Section 1 of Article VII of the Illinois Constitution.

"Municipality" means a city, village, or incorporated town.

"Municipal utility" means a public utility owned and operated by any subdivision or municipal corporation of this State.

"Nameplate capacity" means the aggregate inverter nameplate capacity in kilowatts AC.

"Person" means any natural person, firm, partnership, corporation, either domestic or foreign, company, association, limited liability company, joint stock company, or association and includes any trustee, receiver, assignee, or personal representative thereof.

"Project" means the planning, bidding, and construction of a facility.

"Project labor agreement" means a pre-hire collective bargaining agreement that covers all terms and conditions of employment on a specific construction project and must include the following:

(1) provisions establishing the minimum hourly wage for each class of labor organization employee;

(2) provisions establishing the benefits and other compensation for each class of labor organization employee;

(3) provisions establishing that no strike or disputes will be engaged in by the labor organization employees;

(4) provisions establishing that no lockout or disputes will be engaged in by the general contractor building the project; and

(5) provisions for minorities and women, as defined under the Business Enterprise for Minorities, Women, and Persons with Disabilities Act, setting forth goals for apprenticeship hours to be performed by minorities and women and setting forth goals for total hours to be performed by underrepresented minorities and women.

A labor organization and the general contractor building the project shall have the authority to include other terms and conditions as they deem necessary.

"Public utility" has the same definition as found in Section 3-105 of the Public Utilities Act.

"Qualified combined heat and power systems" means systems that, either simultaneously or sequentially, produce electricity and useful thermal energy from a single fuel source. Such systems are eligible for "renewable energy credits" in an amount equal to its total energy output where a renewable fuel is consumed or in an amount equal to the net reduction in nonrenewable fuel consumed on a total energy output basis.

"Real property" means any interest in land together with all structures, fixtures, and improvements thereon, including lands under water and riparian rights, any easements, covenants, licenses, leases, rights-of-way, uses, and other interests, together with any liens, judgments, mortgages, or other claims or security interests related to real property.

"Renewable energy credit" means a tradable credit that represents the environmental attributes of one megawatt hour of energy produced from a renewable energy resource.

"Renewable energy resources" includes energy and its associated renewable energy credit or renewable energy credits from wind, solar thermal energy, photovoltaic cells and panels, biodiesel, anaerobic digestion, crops and untreated and unadulterated organic waste biomass, and hydropower that does not involve new construction or significant expansion of hydropower dams, waste heat to power systems, or qualified combined heat and power systems. For purposes of this Act, landfill gas produced in the State is considered a renewable energy resource. "Renewable energy resources" does not include the incineration or burning of tires, garbage, general household, institutional, and commercial waste, industrial lunchroom or office waste, landscape waste, railroad crossties, utility poles, or construction or demolition debris, other than untreated and unadulterated waste wood. "Renewable energy resources" also includes high voltage direct current renewable energy credits and the associated energy converted to alternating current by a high voltage direct current converter station to the extent that: (1) the generator of such renewable energy resource contracted with a third party to transmit the energy over the high voltage direct current transmission facilities, and (2) the third-party contracting for delivery of renewable energy resources over the high voltage direct current transmission facilities have ownership rights over the unretired associated high voltage direct current renewable energy credit.

"Retail customer" has the same definition as found in Section 16-102 of the Public Utilities Act.

"Revenue bond" means any bond, note, or other evidence of indebtedness issued by the Authority, the principal and interest of which is payable solely from revenues or income derived from any project or activity of the Agency.

"Sequester" means permanent storage of carbon dioxide by injecting it into a saline aquifer, a depleted gas reservoir, or other pore space or an oil reservoir, directly or through an enhanced oil recovery process that may involve intermediate storage, regardless of whether these activities are conducted by a clean coal facility, a clean coal SNG facility, a clean coal SNG brownfield facility, or a party with which a clean coal facility, clean coal SNG facility, or clean coal SNG brownfield facility has contracted for such purposes.

"Service area" has the same definition as found in Section 16-102 of the Public Utilities Act.

"Settlement period" means the period of time utilized by MISO and PJM and their successor organizations as the basis for settlement calculations in the real-time energy market.

"Sourcing agreement" means (i) in the case of an electric utility, an agreement between the owner of a clean coal facility and such electric utility, which agreement shall have terms and conditions meeting the requirements of paragraph (3) of subsection (d) of Section 1-75, (ii) in the case of an alternative retail electric supplier, an agreement between the owner of a clean coal facility and such alternative retail electric supplier, which agreement shall have terms and conditions meeting the requirements of Section 16-115(d)(5) of the Public Utilities Act, and (iii) in case of a gas utility, an agreement between the owner of a clean coal SNG brownfield facility and the gas utility, which agreement shall have the terms and conditions meeting the requirements of subsection (h-1) of Section 9-220 of the Public Utilities Act.

"Strike price" means a contract price for energy and renewable energy credits from a new utility-scale wind project or a new utility-scale photovoltaic project.

"Subscriber" means a person who (i) takes delivery service from an electric utility, and (ii) has a subscription of no less than 200 watts to a community renewable generation project that is located in the electric utility's service area. No subscriber's subscriptions may total more than 40% of the nameplate capacity of an individual community renewable generation project. Entities that are affiliated by virtue of a common parent shall not represent multiple subscriptions that total more than 40% of the nameplate capacity of an individual community renewable generation project.

"Subscription" means an interest in a community renewable generation project expressed in kilowatts, which is sized primarily to offset part or all of the subscriber's electricity usage.

"Substitute natural gas" or "SNG" means a gas manufactured by gasification of hydrocarbon feedstock, which is substantially interchangeable in use and distribution with conventional natural gas.

"Total resource cost test" or "TRC test" means a standard that is met if, for an investment in energy efficiency or demand-response measures, the benefit-cost ratio is greater than one. The benefit-cost ratio is the ratio of the net present value of the total benefits of the program to the net present value of the total costs as calculated over the lifetime of the measures. A total resource cost test compares the sum of avoided electric utility costs, representing the benefits that accrue to the system and the participant in the delivery of those efficiency measures and including avoided costs associated with reduced use of natural gas or other fuels, avoided costs associated with reduced water consumption, and avoided costs associated with reduced operation and maintenance costs, as well as other quantifiable societal benefits, to the sum of all incremental costs of end-use measures that are implemented due to the program (including both utility and participant contributions), plus costs to administer, deliver, and evaluate each demand-side program, to quantify the net savings obtained by substituting the demand-side program for supply resources. In calculating avoided costs of power and energy that an electric utility would otherwise have had to acquire, reasonable estimates shall be included of financial costs likely to be imposed by future regulations and legislation on emissions of greenhouse gases. In discounting future societal costs and benefits for the purpose of calculating net present values, a societal discount rate based on actual, long-term Treasury bond yields should be used. Notwithstanding anything to the contrary, the TRC test shall not include or take into account a calculation of market price suppression effects or demand reduction induced price effects.

"Utility-scale solar project" means an electric generating facility that:

(1) generates electricity using photovoltaic cells; and

(2) has a nameplate capacity that is greater than 5,000 kilowatts.

"Utility-scale wind project" means an electric generating facility that:

(1) generates electricity using wind; and

(2) has a nameplate capacity that is greater than 5,000 kilowatts.

"Waste Heat to Power Systems" means systems that capture and generate electricity from energy that would otherwise be lost to the atmosphere without the use of additional fuel.

"Zero emission credit" means a tradable credit that represents the environmental attributes of one megawatt hour of energy produced from a zero emission facility.

"Zero emission facility" means a facility that: (1) is fueled by nuclear power; and (2) is interconnected with PJM Interconnection, LLC or the Midcontinent Independent System Operator, Inc., or their successors.

(Source: P.A. 102-662, eff. 9-15-21; revised 6-2-22.)

(20 ILCS 3855/1-80)

Sec. 1-80. Resource Development Bureau. Upon its establishment by the Agency, the Resource Development Bureau has the following duties and responsibilities:

(a) At the Agency's discretion, conduct feasibility studies on the construction of any facility. Funding for a study shall come from either:

(i) fees assessed by the Agency on municipal electric systems, governmental aggregators, unit or units of local government, or rural electric cooperatives requesting the feasibility study; or

(ii) an appropriation from the General Assembly.

(b) If the Agency undertakes the construction of a facility, moneys generated from the sale of revenue bonds by the Authority for the facility shall be used to reimburse the source of the money used for the facility's feasibility study.

(c) The Agency may develop, finance, construct, or operate electric generation and co-generation facilities that use indigenous coal or renewable resources, or both, financed with bonds issued by the Authority on behalf of the Agency. Any such facility that uses coal must be a clean coal facility and must be constructed in a location where the geology is suitable for carbon sequestration. The Agency may also develop, finance, construct, or operate a carbon sequestration facility.

(1) The Agency may enter into contractual arrangements with private and public entities, including but not limited to municipal electric systems, governmental aggregators, and rural electric cooperatives, to plan, site, construct, improve, rehabilitate, and operate those electric generation and co-generation facilities. No contract shall be entered into by the Agency that would jeopardize the tax-exempt status of any bond issued in connection with a project for which the Agency entered into the contract.

(2) The Agency shall hold at least one public hearing before entering into any such contractual arrangements. At least 30-days' notice of the hearing shall be given by publication once in each week during that period in 6 newspapers within the State, at least one of which has a circulation area that includes the location of the proposed facility.

(3) (Blank). The first facility that the Agency develops, finances, or constructs shall be a facility that uses coal produced in Illinois. The Agency may, however, also develop, finance, or construct renewable energy facilities after work on the first facility has commenced.

(4) The Agency may not develop, finance, or construct a nuclear power plant.

(5) The Agency shall assess fees to applicants seeking to partner with the Agency on projects.

(d) Use of electricity generated by the Agency's facilities. The Agency may supply electricity produced by the Agency's facilities to municipal electric systems, governmental aggregators, or rural electric cooperatives in Illinois. The electricity shall be supplied at cost.

(1) Contracts to supply power and energy from the Agency's facilities shall provide for the effectuation of the policies set forth in this Act.

(2) The contracts shall also provide that, notwithstanding any provision in the Public Utilities Act, entities supplied with power and energy from an Agency facility shall supply the power and energy to retail customers at the same price paid to purchase power and energy from the Agency.

(e) Electric utilities shall not be required to purchase electricity directly or indirectly from facilities developed or sponsored by the Agency.

(f) The Agency may sell excess capacity and excess energy into the wholesale electric market at prevailing market rates; provided, however, the Agency may not sell excess capacity or excess energy through the procurement process described in Section 16-111.5 of the Public Utilities Act.

(g) The Agency shall not directly sell electric power and energy to retail customers. Nothing in this paragraph shall be construed to prohibit sales to municipal electric systems, governmental aggregators, or rural electric cooperatives.

(Source: P.A. 99-536, eff. 7-8-16.)

Section 55. The Carbon Dioxide Transportation and Sequestration Act is amended by changing Sections 10, 15, and 20 as follows:

(220 ILCS 75/10)

Sec. 10. Definitions. As used in this Act:

"Carbon dioxide pipeline" or "pipeline" has the same meaning as defined in Section 10 of the Carbon Dioxide Transport and Storage Protections Act means the in-state portion of a pipeline, including appurtenant facilities, property rights, and easements, that are used exclusively for the purpose of transporting carbon dioxide to a point of sale, storage, enhanced oil recovery, or other carbon management application.

"Clean coal facility" has the meaning ascribed to that term in Section 1-10 of the Illinois Power Agency Act.

"Clean coal SNG facility" has the meaning ascribed to that term in Section 1-10 of the Illinois Power Agency Act.

"Commission" means the Illinois Commerce Commission.

"Sequester" has the meaning ascribed to that term in Section 1-10 of the Illinois Power Agency Act.

"Transportation" has the same meaning as defined in Section 10 of the Carbon Dioxide Transport and Storage Protections Act means the physical movement of carbon dioxide by pipeline conducted for a person's own use or account or the use or account of another person or persons.

(Source: P.A. 97-534, eff. 8-23-11.)

(220 ILCS 75/15)

Sec. 15. Scope. This Act applies to the application process for the issuance of a certificate of authority by an owner or operator of a pipeline designed, constructed, and operated to transport and to sequester carbon dioxide produced by a clean coal facility, by a clean coal SNG facility, or by any other source that will result in the reduction of carbon dioxide emissions from that source.

(Source: P.A. 97-534, eff. 8-23-11.)

(220 ILCS 75/20)

Sec. 20. Application.

(a) No person or entity may construct, operate, or repair a carbon dioxide pipeline unless the person or entity possesses a certificate of authority.

(a-5) Before filing an application for a certificate of authority with the Commission, a person or entity seeking the certificate must:

(1) hold at least one informational public meeting in each county in which the pipeline it seeks would be located, at which the person or entity must:

(A) present a map of the proposed pipeline route under consideration;

(B) provide, at a minimum, information about the diameter of the pipeline it intends to propose, the contents, flow rate, pressure, and temperature of the pipeline, and the ancillary equipment associated with the pipeline;

(C) present any emergency response plan it has drafted or is preparing; and

(D) be prepared to answer questions from the public concerning the pipeline.

(2) consult with the boards of all counties and, if the proposed pipeline would pass through any municipalities, all municipal governments through which the pipeline would pass, on:

(A) zoning;

(B) emergency response planning;

(C) road crossings, road use, road repair, and road bonding;

(D) right-of-way agreements for county and municipal land; and

(E) pipeline abandonment;

(3) during at least one public meeting of the county boards or municipal bodies with whom the consultation is taking place, introduce a presentation on each subject of the consultation and seek public input on the information presented; and

(4) compile an accurate, verified list of all occupied residences, businesses, schools, day cares, and health care facilities located within 1.5 miles of the proposed pipeline route.

The person or entity must submit the list compiled under paragraph (4) to the county and municipal governments of any county and municipality through which the proposed pipeline is projected to pass before filing person or entity's application under this Section.

(b) The Commission, after a hearing, may grant an application for a certificate of authority authorizing the construction and operation of a carbon dioxide pipeline if it makes a specific written finding as to each of the following:

(1) the application was properly filed;

(2) the applicant is fit, willing, and able to construct and operate the pipeline in compliance with this Act and with Commission regulations and orders of the Commission or any applicable federal agencies;

(3) the applicant has entered into an agreement with a clean coal facility, a clean coal SNG facility, or any other source that will result in the reduction of carbon dioxide emissions from that source;

(4) the applicant has filed with the Pipeline and Hazardous Materials Safety Administration of the U.S. Department of Transportation all forms required by that agency in advance of constructing a carbon dioxide pipeline;

(5) the applicant has filed with the U.S. Army Corps of Engineers all applications for permits required by that agency in advance of constructing a carbon dioxide pipeline;

(6) the applicant has entered into an agreement with the Illinois Department of Agriculture that governs the mitigation of agricultural impacts associated with the construction of the proposed pipeline;

(7) the applicant possesses the financial, managerial, legal, and technical qualifications necessary to construct and operate the proposed carbon dioxide pipeline; and

(7.5) the applicant has demonstrated that its proposed pipeline route would satisfy the setback mandates established in Section 9.19 of the Illinois Environmental Protection Act or that the applicant has obtained an approved variance or adjusted standard from those setback requirements from the Illinois Pollution Control Board;

(7.10) the applicant has submitted proof of receipt by county and municipal government officials of counties and municipalities through which the proposed pipeline will pass of the list of all occupied residences, businesses, schools, day cares, and health care facilities located within 2 miles of its proposed pipeline route;

(7.15) the applicant has submitted proof that it has obtained easements or title from all persons owning any portion of the property the applicant seeks to utilize for the construction, maintenance, or operation of the proposed carbon dioxide pipeline;

(7.20) the applicant has provided an analysis of geohazards, including, but not limited to, slope instability, frost heave, soil settlement, erosion, earthquakes, mine subsidence, or other dynamic geologic, edaphic, and meteorological conditions along the proposed pipeline route, and has demonstrated that the proposed route avoids geohazards to the maximum extent possible; and

(8) the proposed pipeline is consistent with the public interest and , public benefit, and legislative purpose as set forth in this Act. In addition to any other evidence the Commission may consider on this specific finding, the Commission shall consider the following:

(A) any evidence of the effect of the pipeline upon the economy, infrastructure, environment, and public safety presented by local governmental units that will be affected by the proposed pipeline route;

(B) any evidence of the effect of the pipeline upon property values presented by property owners who will be affected by the proposed pipeline or facility, provided that the Commission need not hear evidence as to the actual valuation of property such as that as would be presented to and determined by the courts under the Eminent Domain Act;

(C) any evidence presented by the Department of Commerce and Economic Opportunity regarding the current and future local, State-wide, or regional economic effect, direct or indirect, of the proposed pipeline or facility including, but not limited to, ability of the State to attract economic growth, meet future energy requirements, and ensure compliance with environmental requirements and goals;

(D) any evidence addressing the factors described in items (1) through (8) of this subsection (b) or other relevant factors that is presented by any other State agency, the applicant, a party, or other entity that participates in the proceeding, including evidence presented by the Commission's staff; and

(E) any evidence presented by any State or federal governmental entity as to how the proposed pipeline will affect the security, stability, and reliability of energy.

In its written order, the Commission shall address all of the evidence presented, and if the order is contrary to any of the evidence, the Commission shall state the reasons for its determination with regard to that evidence.

(c) When an applicant files its application for a certificate of authority with the Commission, it shall provide notice to each local government where the proposed pipeline will be located and include a map of the proposed pipeline route. The applicant shall also publish notice in a newspaper of general circulation in each county where the proposed pipeline is located.

(d) An application for a certificate of authority filed pursuant to this Section shall request either that the Commission review and approve a specific route for a carbon dioxide pipeline, or that the Commission review and approve a project route width that identifies the areas in which the pipeline would be located, with such width ranging from the minimum width required for a pipeline right-of-way up to 200 feet in width. A map of the route or route width shall be included in the application. The purpose for allowing the option of review and approval of a project route width is to provide increased flexibility during the construction process to accommodate specific landowner requests, avoid environmentally sensitive areas, or address special environmental permitting requirements.

(e) The Commission's rules shall ensure that notice of an application for a certificate of authority is provided within 30 days after filing to the landowners along a proposed project route, or to the potentially affected landowners within a proposed project route width, using the notification procedures set forth in the Commission's rules. If the Commission grants approval of a project route width as opposed to a specific project route, then the applicant must, as it finalizes the actual pipeline alignment within the project route width, file its final list of affected landowners with the Commission at least 14 days in advance of beginning construction on any tract within the project route width and also provide the Commission with at least 14 days' notice before filing a complaint for eminent domain in the circuit court with regard to any tract within the project route width.

(f) The Commission shall make its determination on any application for a certificate of authority filed pursuant to this Section and issue its final order within 11 months after the date that the application is filed. The Commission's failure to act within this time period shall not be deemed an approval or denial of the application.

(g) A final order of the Commission granting a certificate of authority pursuant to this Act shall not be issued until the applicant has obtained be conditioned upon the applicant obtaining all required permits or approvals from the Pipeline and Hazardous Materials Safety Administration of the U.S. Department of Transportation, U.S. Army Corps of Engineers, and Illinois Department of Agriculture, in addition to all other permits and approvals necessary for the construction and operation of the pipeline prior to the start of any construction. The final order must specifically prohibit the start of any construction until all such permits and approvals have been obtained.

(h) Within 6 months after the Commission's entry of an order approving either a specific route or a project route width under this Section, the owner or operator of the carbon dioxide pipeline that receives that order may file supplemental applications for minor route deviations outside the approved project route width, allowing for additions or changes to the approved route to address environmental concerns encountered during construction or to accommodate landowner requests. The supplemental application shall specifically detail the environmental concerns or landowner requests prompting the route changes, including the names of any landowners or entities involved. Notice of a supplemental application shall be provided to any State agency or unit of local government that appeared in the original proceeding and to any landowner affected by the proposed route deviation at the time that supplemental application is filed. The route deviations shall be approved by the Commission no sooner than 90 days after all interested parties receive notice of the supplemental application, unless a written objection is filed to the supplemental application within 45 days after such notice is received. If a written objection is filed, then the Commission shall issue an order either granting or denying the route deviation within 90 days after the filing of the objection. Hearings on any such supplemental application shall be limited to the reasonableness of the specific variance proposed, and the issues of the public interest and benefit of the project or fitness of the applicant shall be considered only to the extent that the route deviation has raised new concerns with regard to those issues.

(i) A certificate of authority to construct and operate a carbon dioxide pipeline issued by the Commission shall contain and include all of the following: (1) a grant of authority to construct and operate a carbon dioxide pipeline as requested in the application, subject to the laws of this State. ; and

(2) a limited grant of authority to take and acquire an easement in any property or interest in property for the construction, maintenance, or operation of a carbon dioxide pipeline in the manner provided for the exercise of the power of eminent domain under the Eminent Domain Act. The limited grant of authority shall be restricted to, and exercised solely for, the purpose of siting, rights-of-way, and easements appurtenant, including construction and maintenance. The applicant shall not exercise this power until it has used reasonable and good faith efforts to acquire the property or easement thereto. The applicant may thereafter use this power when the applicant determines that the easement is necessary to avoid unreasonable delay or economic hardship to the progress of activities carried out pursuant to the certificate of authority.

(Source: P.A. 97-534, eff. 8-23-11.)

Section 60. The Environmental Protection Act is amended by changing Sections 21, 39, and 40 and by adding Sections 3.121, 3.132, 3.133, 3.134, 3.136, 3.446, 3.447, 9.19, 9.20, and 22.63 as follows:

(415 ILCS 5/3.121 new)

Sec. 3.121. Area of review. "Area of review" means the region surrounding a geologic carbon dioxide sequestration project where groundwater classified as Class 1, Class 2, or Class 3 under 35 Ill. Adm. Code Part 620, Subpart B may be endangered by the injection of carbon dioxide. An "area of review" is delineated using computational modeling that accounts for the physical and chemical properties of all phases of the injected carbon dioxide stream and displaced fluids and is based on available site characterization, monitoring, and operational data specified in the Board's rules adopted under Section 22.63.

(415 ILCS 5/3.132 new)

Sec. 3.132. Carbon dioxide capture project. "Carbon dioxide capture project" means a project that uses a process to separate carbon dioxide from industrial or energy-related sources, other than oil or gas production from a well, and produces a concentrated fluid of carbon dioxide. "Carbon dioxide capture project" includes carbon dioxide captured as part of a research and development project or a project funded by research and development, unless the operator demonstrates to the satisfaction of the Agency that the project meets criteria for exclusion as a "carbon dioxide capture project" under rules adopted by the Board under subsection (g) of Section 9.20.

(415 ILCS 5/3.133 new)

Sec. 3.133. Carbon dioxide pipeline. "Carbon dioxide pipeline" has the same meaning as defined in Section 10 of the Carbon Dioxide Transportation and Sequestration Act.

(415 ILCS 5/3.134 new)

Sec. 3.134. Concentrated carbon dioxide fluid. "Concentrated carbon dioxide fluid" means a fluid that contains a concentration of carbon dioxide that is proportionately greater than the ambient atmospheric concentration of carbon dioxide.

(415 ILCS 5/3.136 new)

Sec. 3.136. Confining zone. "Confining zone" means a geologic formation, a group of geologic formations, or part of a geologic formation stratigraphically overlying a zone of carbon dioxide injection that acts as a barrier to fluid movement.

(415 ILCS 5/3.446 new)

Sec. 3.446. Sequestration. "Sequestration" has the same meaning as defined in Section 10 of the Carbon Dioxide Transport and Storage Protections Act.

(415 ILCS 5/3.447 new)

Sec. 3.447. Sequestration facility. "Sequestration facility" has the same meaning as defined in Section 10 of the Carbon Dioxide Transport and Storage Protections Act.

(415 ILCS 5/9.19 new)

Sec. 9.19. Setbacks from carbon dioxide pipelines.

(a) The General Assembly finds that:

(1) Carbon dioxide is an asphyxiant. A carbon dioxide leak from a carbon dioxide pipeline poses a risk of grave harm to human health and the environment.

(2) Setbacks from occupied structures and high-density areas are necessary to protect against potential harm from carbon dioxide pipeline leaks.

(b) No carbon dioxide pipeline, pump, or compressor station may be located any closer than within:

(1) one mile of an occupied residential property, except that if the occupied residential property is part of a development that includes 10 or more occupied residential properties the carbon dioxide pipeline may not be located within 1.5 miles of the occupied residential property;

(2) one mile of a commercial property containing a business with fewer than 10 employees;

(3) one mile of a livestock facility containing 100 animals or more;

(4) 1.5 miles of a residential, commercial, or industrial structure or facility that typically contain 10 or more persons;

(5) two miles of a structure containing 10 or more persons with limited mobility, including, but not limited to, nursing homes and hospitals; or

(6) two miles of a structure with a permitted occupancy of 100 or more persons, including, but not limited to, schools, places of worship, shopping facilities, and entertainment facilities.

(c) Setback distances from carbon dioxide pipelines shall be measured from the center line of the carbon dioxide pipeline. Setback distances from pumps and compressor stations shall be measured from the property line of the pump or compressor station.

(d) A unit of local government may require setbacks greater than the minimums established under this Section.

(e) No adjusted standard, variance, or other regulatory relief otherwise available under this Act may be granted for the minimum setback mandates of this Section unless, in addition to satisfying the general requirements for an adjusted standard under Section 28.1 or the standards for a variance under Section 35, as applicable, a person seeking to build or operate a carbon dioxide pipeline includes in the petition for an adjusted standard or variance:

(1) computational fluid dynamic computer modeling showing the dispersion of a plume of carbon dioxide following a worst-case rupture of the proposed carbon dioxide pipeline, considering the rupture in both typical and still-air weather conditions in topography typical in the applicable county;

(2) data and analysis demonstrating that the carbon dioxide pipeline is proposed to be constructed a sufficient distance from an occupied structure so that carbon dioxide concentrations in or near the occupied structure will not intoxicate, asphyxiate, or otherwise harm the health of any humans or livestock therein; and

(3) an explanation of the reasons that the setbacks established under this Section are not practicable.

(415 ILCS 5/9.20 new)

Sec. 9.20. Carbon dioxide capture.

(a) The General Assembly finds that:

(1) The capture of carbon dioxide from industrial facilities, including, but not limited to, ethanol plants and methane processing facilities, and electric-generation facilities requires a significant amount of power to undertake, the generation of which can increase harmful air and water pollutants.

(2) The capture of carbon dioxide generally requires significant volumes of water that could be used for domestic, agricultural, recreational, or industrial uses.

(3) The capture of carbon dioxide from industrial and electric-generation facilities has often failed to meet objectives for capture and thus allowed more carbon dioxide pollution into the atmosphere than proposed.

(4) The State of Illinois has a long-standing policy to restore, protect, and enhance the environment, including the purity of the air, land, and waters, such as groundwaters, of this State.

(5) A clean environment is essential to the growth and well-being of this State.

(6) The capture of carbon dioxide from industrial and electric-generation facilities will not achieve Illinois' longstanding policy to restore, protect, and enhance the environment unless clear standards are adopted to require the reduction of air and water pollution associated with carbon capture, to limit water use when other important uses are in jeopardy, and to ensure that carbon capture does not interfere with Illinois reaching its clean energy goals.

(7) Meaningful participation of State residents, especially vulnerable populations who may be affected by regulatory actions, is critical to ensure that environmental justice considerations are incorporated in the development of, decision-making related to, and implementation of environmental laws and rules that protect and improve the well-being of communities in this State that bear disproportionate burdens imposed by environmental pollution.

(a-5) The purpose of this Section is to promote a healthful environment, including clean water, air, and land, meaningful public involvement, and to ensure only the responsible capture of carbon dioxide occurs in Illinois so as to protect public health and to prevent pollution of the environment.

(a-10) The provisions of this Section shall be liberally construed to carry out the purpose of this Section as stated in subsection (a-5).

(b) A person who seeks to construct or operate a carbon dioxide capture project in Illinois must first obtain a permit from the Agency in accordance with the rules adopted under subsection (g).

(c) A person who seeks to capture carbon dioxide from an industrial or electric-generation facility in Illinois must, before seeking a permit in accordance with the rules adopted under subsection (g), first conduct an environmental impact analysis. The environmental impact analysis must:

(1) include a statement of the purpose of and need for the proposed carbon capture project;

(2) include a greenhouse gas (GHG) inventory analysis, including, but not limited to, Scope 1, 2, and 3 emissions set forth in guidance published by the United States Environmental Protection Agency, of the total GHG emissions associated with the carbon dioxide capture project, together with a demonstration that the Scope 1, 2, and 3 GHG emissions associated with the carbon dioxide capture project, converted into carbon dioxide equivalent consistent with rules adopted and guidance published by the United States Environmental Protection Agency by rule, will not exceed the total amount of GHG emissions associated with the carbon dioxide capture project on an annual basis for each year the project remains in operation;

(3) include a water impact analysis that details:

(A) the water sources likely to be impacted by the capture of carbon dioxide from the facility;

(B) current uses of those water sources;

(C) potential or certain impacts to those water sources from capture of carbon dioxide from the facility, including, but not limited to, impacts on water quantity, quality, and the current use of water;

(D) the duration of the impacts to water associated with the capture of carbon dioxide from the facility; and

(E) methods the applicant will use to minimize both water use and impacts to water quality associated with the capture dioxide capture project;

(4) include an alternatives analysis that evaluates other reasonable alternatives for reducing the same quantity of carbon dioxide as is proposed to be captured at the facility, including, but not limited to:

(A) if the carbon dioxide is proposed to be captured at a facility that generates electricity, energy-generation alternatives such as renewable energy, energy storage, or energy efficiency;

(B) if the carbon dioxide is proposed to be captured at a facility that produces fuel for vehicles or equipment, alternatives such as the use of electric vehicles; and

(C) if the carbon dioxide is proposed to be captured at an industrial facility, alternative industrial processes that could reduce the amount of carbon dioxide generated from that industry;

for each alternative identified under this paragraph (4), the person seeking to capture carbon dioxide shall complete a greenhouse gas emissions inventory and analysis of the alternative consistent with subparagraph (B) and a water impacts analysis addressing the factors set out in subparagraph (C); and

(5) be developed with public input, including, but not limited to, by making a draft version of the analysis available on a public website for not less than 60 days and accepting comments on the proposed analysis for the entirety of that 60-period, together with a public meeting at least 14 days after the posting of the draft on the public website that provides a meaningful opportunity for the public to ask questions, have those questions answered, and provide comment on the draft; the final environmental analysis must include responses to public comments, identify all changes to the analysis made in response to those comments, and be made available to the public on a public website.

(d) No permit for the capture of carbon dioxide may be issued unless:

(1) the Illinois State Water Survey has reviewed the water impact analysis required under subsection (c), information concerning water supply and uses, and public comments and has concluded that the proposed carbon capture project will not have significant adverse effects on water supply or current or future potential uses of the water source; and

(2) the permit sets out conditions:

(A) developed in consultation with the Illinois State Water Survey;

(B) that take public comments into consideration;

(C) under which the project operator must reduce the volume or rate of water that may be used for the capture of carbon dioxide; and

(D) under which the use of water for carbon capture must be halted altogether.

(e) No permit for the capture of carbon dioxide may be issued unless the permit applicant demonstrates that there will be zero noncarbon dioxide air pollution emissions associated with the carbon dioxide capture project, including, but not limited to, emissions emitted directly by the operation of the carbon dioxide capture equipment itself and any increase in emissions at the facility from which carbon dioxide is captured relative to the baseline following installation of the carbon dioxide capture process. The applicant may meet this requirement by demonstrating that:

(1) pollution control technology will be installed and operated, or existing control technology will be operated, so as to eliminate any noncarbon dioxide air emissions associated with the use of carbon capture; or

(2) the facility will reduce operations sufficient to eliminate any noncarbon dioxide air emissions associated with the use of carbon capture.

The Board shall establish requirements by rule for determining baseline emissions from each industrial or electric-generation facility for purposes of determining which noncarbon dioxide air emissions are associated with the use of carbon capture at those facilities. For existing facilities, the baseline shall be calculated using the 12-month average of emissions for the three 12-month periods before January 31, 2023. For new facilities, the baseline shall be determined using the best available control technology for the relevant air pollutants and facility and assuming fuel consumption and hours of operation of the facility consistent with that of facilities of similar size.

(f) No permit for a carbon dioxide capture project may be issued unless:

(1) the operator can identify the end use or destination of all carbon dioxide streams from the proposed project;

(2) if the destination includes sequestration within the State, the operator demonstrates that the sequestration site is permitted in accordance with Section 22.63;

(3) the applicant demonstrates that the project will capture an annual average of no less than 90% of the total carbon dioxide emissions from the facility; and

(4) the permit disallows all noncarbon dioxide air emissions associated with the use of carbon capture and specifies each mechanism by which the applicant must meet that condition.

(g) The Board shall adopt rules establishing permit requirements under this Section and other standards for carbon dioxide capture projects. The rules shall be proposed by the Agency not later than one year after the effective date of this amendatory Act of the 103rd General Assembly and adopted by the Board not later than 2 years after receipt of the Agency's proposal. The rules must, at a minimum:

(1) be no less protective than federal and State requirements for air pollution and water pollution;

(2) specify the minimum content of applications for a permit to capture carbon dioxide, which shall include, but shall not be limited to:

(A) the environmental impacts analyses required under subsection (c);

(B) identification of whether the proposed carbon capture project would take place in an area of environmental justice concern; and

(C) documentation and analyses sufficient to demonstrate compliance with all applicable rules adopted under this Section for the capture of carbon dioxide from industrial and electric-generation facilities;

(3) specify:

(A) the frequency at which permits for the capture of carbon dioxide expire and must be renewed;

(B) the circumstances under which a permittee must seek a permit modification; and

(C) the circumstances under which the Agency may temporarily or permanently revoke a permit for the capture of carbon dioxide;

(4) specify standards for review, approval, and denial of applications for a permit to capture carbon dioxide by the Agency; the standards for denial must include, but are not limited to, failure of the applicant to submit an environmental impacts analysis meeting the requirements under subsection (c) or to satisfy the requirements of subsection (e);

(5) specify meaningful procedures for public participation in the issuance of permits for the capture of carbon dioxide, including, but not limited to:

(A) public notice of the submission of permit applications;

(B) posting the full permit application, the draft and final permitting actions by the Agency, and the Agency's response to comments on a public website;

(C) an opportunity for the submission of public comments;

(D) an opportunity for a public hearing prior before the permit is issued; and

(E) a summary and response of the comments prepared by the Agency;

(6) when the capture of carbon dioxide is proposed to take place in an area of environmental justice concern, specify further opportunities for public participation, including, but not limited to, public meetings, translations of relevant documents into other languages for residents with limited English proficiency, and interpretation services at public meetings and hearings;

(7) specify a procedure to identify areas of environmental justice concern in relation to sequestration facilities;

(8) set out requirements for frequent, comprehensive reporting by permittees to the Agency, including, but not limited to:

(A) the noncarbon dioxide air emissions associated with the use of carbon capture, including, but not limited to, those emissions resulting from the use of fuel to power the carbon capture process;

(B) GHG emissions associated with the use of carbon capture;

(C) the total amount, in tons, of carbon dioxide captured at the facility;

(D) the total amount, in tons, of carbon dioxide not captured and released into the atmosphere at the facility;

(E) the date, time, duration, cause, and amount of carbon dioxide released rather than captured as a result of all outages or downtime of capture equipment at the facility;

(F) information concerning water use and impacts to water supply and uses associated with the use of carbon capture at the facility; and

(G) the end use and destination of all carbon dioxide streams from the project;

(9) establish criteria for the exclusion from permitting requirements of carbon capture projects performed for the purpose of, or financed by funding for, research and development; the criteria shall ensure that only those projects that capture small amounts of carbon dioxide and pose minimal risk to human health and the environmental qualify for the exclusion; and

(10) specify whether the permit requirements for carbon dioxide capture set out in the rules may be added to the requirements for a permit that a carbon dioxide capture permit applicant is otherwise required to obtain, or whether the applicant must obtain a separate permit for the capture of carbon dioxide.

(h) The permit requirements set forth in this Section are in addition to any requirements set forth under any other State or federal law, including, but not limited to, the federal Clean Air Act, the federal Clean Water Act, the federal Resource Conservation and Recovery Act, and the federal Safe Water Drinking Act.

(415 ILCS 5/21) (from Ch. 111 1/2, par. 1021)

Sec. 21. Prohibited acts. No person shall:

(a) Cause or allow the open dumping of any waste.

(b) Abandon, dump, or deposit any waste upon the public highways or other public property, except in a sanitary landfill approved by the Agency pursuant to regulations adopted by the Board.

(c) Abandon any vehicle in violation of the "Abandoned Vehicles Amendment to the Illinois Vehicle Code", as enacted by the 76th General Assembly.

(d) Conduct any waste-storage, waste-treatment, or waste-disposal operation:

(1) without a permit granted by the Agency or in violation of any conditions imposed by such permit, including periodic reports and full access to adequate records and the inspection of facilities, as may be necessary to assure compliance with this Act and with regulations and standards adopted thereunder; provided, however, that, except for municipal solid waste landfill units that receive waste on or after October 9, 1993, and CCR surface impoundments, no permit shall be required for (i) any person conducting a waste-storage, waste-treatment, or waste-disposal operation for wastes generated by such person's own activities which are stored, treated, or disposed within the site where such wastes are generated, (ii) until one year after the effective date of rules adopted by the Board under subsection (n) of Section 22.38, a facility located in a county with a population over 700,000 as of January 1, 2000, operated and located in accordance with Section 22.38 of this Act, and used exclusively for the transfer, storage, or treatment of general construction or demolition debris, provided that the facility was receiving construction or demolition debris on August 24, 2009 (the effective date of Public Act 96-611), or (iii) any person conducting a waste transfer, storage, treatment, or disposal operation, including, but not limited to, a waste transfer or waste composting operation, under a mass animal mortality event plan created by the Department of Agriculture;

(2) in violation of any regulations or standards adopted by the Board under this Act;

(3) which receives waste after August 31, 1988, does not have a permit issued by the Agency, and is (i) a landfill used exclusively for the disposal of waste generated at the site, (ii) a surface impoundment receiving special waste not listed in an NPDES permit, (iii) a waste pile in which the total volume of waste is greater than 100 cubic yards or the waste is stored for over one year, or (iv) a land treatment facility receiving special waste generated at the site; without giving notice of the operation to the Agency by January 1, 1989, or 30 days after the date on which the operation commences, whichever is later, and every 3 years thereafter. The form for such notification shall be specified by the Agency, and shall be limited to information regarding: the name and address of the location of the operation; the type of operation; the types and amounts of waste stored, treated or disposed of on an annual basis; the remaining capacity of the operation; and the remaining expected life of the operation.

Item (3) of this subsection (d) shall not apply to any person engaged in agricultural activity who is disposing of a substance that constitutes solid waste, if the substance was acquired for use by that person on his own property, and the substance is disposed of on his own property in accordance with regulations or standards adopted by the Board.

This subsection (d) shall not apply to hazardous waste.

(e) Dispose, treat, store or abandon any waste, or transport any waste into this State for disposal, treatment, storage or abandonment, except at a site or facility which meets the requirements of this Act and of regulations and standards thereunder.

(f) Conduct any hazardous waste-storage, hazardous waste-treatment or hazardous waste-disposal operation:

(1) without a RCRA permit for the site issued by the Agency under subsection (d) of Section 39 of this Act, or in violation of any condition imposed by such permit, including periodic reports and full access to adequate records and the inspection of facilities, as may be necessary to assure compliance with this Act and with regulations and standards adopted thereunder; or

(2) in violation of any regulations or standards adopted by the Board under this Act; or

(3) in violation of any RCRA permit filing requirement established under standards adopted by the Board under this Act; or

(4) in violation of any order adopted by the Board under this Act.

Notwithstanding the above, no RCRA permit shall be required under this subsection or subsection (d) of Section 39 of this Act for any person engaged in agricultural activity who is disposing of a substance which has been identified as a hazardous waste, and which has been designated by Board regulations as being subject to this exception, if the substance was acquired for use by that person on his own property and the substance is disposed of on his own property in accordance with regulations or standards adopted by the Board.

(g) Conduct any hazardous waste-transportation operation:

(1) without registering with and obtaining a special waste hauling permit from the Agency in accordance with the regulations adopted by the Board under this Act; or

(2) in violation of any regulations or standards adopted by the Board under this Act.

(h) Conduct any hazardous waste-recycling or hazardous waste-reclamation or hazardous waste-reuse operation in violation of any regulations, standards or permit requirements adopted by the Board under this Act.

(i) Conduct any process or engage in any act which produces hazardous waste in violation of any regulations or standards adopted by the Board under subsections (a) and (c) of Section 22.4 of this Act.

(j) Conduct any special waste-transportation operation in violation of any regulations, standards or permit requirements adopted by the Board under this Act. However, sludge from a water or sewage treatment plant owned and operated by a unit of local government which (1) is subject to a sludge management plan approved by the Agency or a permit granted by the Agency, and (2) has been tested and determined not to be a hazardous waste as required by applicable State and federal laws and regulations, may be transported in this State without a special waste hauling permit, and the preparation and carrying of a manifest shall not be required for such sludge under the rules of the Pollution Control Board. The unit of local government which operates the treatment plant producing such sludge shall file an annual report with the Agency identifying the volume of such sludge transported during the reporting period, the hauler of the sludge, and the disposal sites to which it was transported. This subsection (j) shall not apply to hazardous waste.

(k) Fail or refuse to pay any fee imposed under this Act.

(l) Locate a hazardous waste disposal site above an active or inactive shaft or tunneled mine or within 2 miles of an active fault in the earth's crust. In counties of population less than 225,000 no hazardous waste disposal site shall be located (1) within 1 1/2 miles of the corporate limits as defined on June 30, 1978, of any municipality without the approval of the governing body of the municipality in an official action; or (2) within 1000 feet of an existing private well or the existing source of a public water supply measured from the boundary of the actual active permitted site and excluding existing private wells on the property of the permit applicant. The provisions of this subsection do not apply to publicly owned sewage works or the disposal or utilization of sludge from publicly owned sewage works.

(m) Transfer interest in any land which has been used as a hazardous waste disposal site without written notification to the Agency of the transfer and to the transferee of the conditions imposed by the Agency upon its use under subsection (g) of Section 39.

(n) Use any land which has been used as a hazardous waste disposal site except in compliance with conditions imposed by the Agency under subsection (g) of Section 39.

(o) Conduct a sanitary landfill operation which is required to have a permit under subsection (d) of this Section, in a manner which results in any of the following conditions:

(1) refuse in standing or flowing waters;

(2) leachate flows entering waters of the State;

(3) leachate flows exiting the landfill confines (as determined by the boundaries established for the landfill by a permit issued by the Agency);

(4) open burning of refuse in violation of Section 9 of this Act;

(5) uncovered refuse remaining from any previous operating day or at the conclusion of any operating day, unless authorized by permit;

(6) failure to provide final cover within time limits established by Board regulations;

(7) acceptance of wastes without necessary permits;

(8) scavenging as defined by Board regulations;

(9) deposition of refuse in any unpermitted portion of the landfill;

(10) acceptance of a special waste without a required manifest;

(11) failure to submit reports required by permits or Board regulations;

(12) failure to collect and contain litter from the site by the end of each operating day;

(13) failure to submit any cost estimate for the site or any performance bond or other security for the site as required by this Act or Board rules.

The prohibitions specified in this subsection (o) shall be enforceable by the Agency either by administrative citation under Section 31.1 of this Act or as otherwise provided by this Act. The specific prohibitions in this subsection do not limit the power of the Board to establish regulations or standards applicable to sanitary landfills.

(p) In violation of subdivision (a) of this Section, cause or allow the open dumping of any waste in a manner which results in any of the following occurrences at the dump site:

(1) litter;

(2) scavenging;

(3) open burning;

(4) deposition of waste in standing or flowing waters;

(5) proliferation of disease vectors;

(6) standing or flowing liquid discharge from the dump site;

(7) deposition of:

(i) general construction or demolition debris as defined in Section 3.160(a) of this Act; or

(ii) clean construction or demolition debris as defined in Section 3.160(b) of this Act.

The prohibitions specified in this subsection (p) shall be enforceable by the Agency either by administrative citation under Section 31.1 of this Act or as otherwise provided by this Act. The specific prohibitions in this subsection do not limit the power of the Board to establish regulations or standards applicable to open dumping.

(q) Conduct a landscape waste composting operation without an Agency permit, provided, however, that no permit shall be required for any person:

(1) conducting a landscape waste composting operation for landscape wastes generated by such person's own activities which are stored, treated, or disposed of within the site where such wastes are generated; or

(1.5) conducting a landscape waste composting operation that (i) has no more than 25 cubic yards of landscape waste, composting additives, composting material, or end-product compost on-site at any one time and (ii) is not engaging in commercial activity; or

(2) applying landscape waste or composted landscape waste at agronomic rates; or

(2.5) operating a landscape waste composting facility at a site having 10 or more occupied non-farm residences within 1/2 mile of its boundaries, if the facility meets all of the following criteria:

(A) the composting facility is operated by the farmer on property on which the composting material is utilized, and the composting facility constitutes no more than 2% of the site's total acreage;

(A-5) any composting additives that the composting facility accepts and uses at the facility are necessary to provide proper conditions for composting and do not exceed 10% of the total composting material at the facility at any one time;

(B) the property on which the composting facility is located, and any associated property on which the compost is used, is principally and diligently devoted to the production of agricultural crops and is not owned, leased, or otherwise controlled by any waste hauler or generator of nonagricultural compost materials, and the operator of the composting facility is not an employee, partner, shareholder, or in any way connected with or controlled by any such waste hauler or generator;

(C) all compost generated by the composting facility is applied at agronomic rates and used as mulch, fertilizer, or soil conditioner on land actually farmed by the person operating the composting facility, and the finished compost is not stored at the composting site for a period longer than 18 months prior to its application as mulch, fertilizer, or soil conditioner;

(D) no fee is charged for the acceptance of materials to be composted at the facility; and

(E) the owner or operator, by January 1, 2014 (or the January 1 following commencement of operation, whichever is later) and January 1 of each year thereafter, registers the site with the Agency, (ii) reports to the Agency on the volume of composting material received and used at the site; (iii) certifies to the Agency that the site complies with the requirements set forth in subparagraphs (A), (A-5), (B), (C), and (D) of this paragraph (2.5); and (iv) certifies to the Agency that all composting material was placed more than 200 feet from the nearest potable water supply well, was placed outside the boundary of the 10-year floodplain or on a part of the site that is floodproofed, was placed at least 1/4 mile from the nearest residence (other than a residence located on the same property as the facility) or a lesser distance from the nearest residence (other than a residence located on the same property as the facility) if the municipality in which the facility is located has by ordinance approved a lesser distance than 1/4 mile, and was placed more than 5 feet above the water table; any ordinance approving a residential setback of less than 1/4 mile that is used to meet the requirements of this subparagraph (E) of paragraph (2.5) of this subsection must specifically reference this paragraph; or

(3) operating a landscape waste composting facility on a farm, if the facility meets all of the following criteria:

(A) the composting facility is operated by the farmer on property on which the composting material is utilized, and the composting facility constitutes no more than 2% of the property's total acreage, except that the Board may allow a higher percentage for individual sites where the owner or operator has demonstrated to the Board that the site's soil characteristics or crop needs require a higher rate;

(A-1) the composting facility accepts from other agricultural operations for composting with landscape waste no materials other than uncontaminated and source-separated (i) crop residue and other agricultural plant residue generated from the production and harvesting of crops and other customary farm practices, including, but not limited to, stalks, leaves, seed pods, husks, bagasse, and roots and (ii) plant-derived animal bedding, such as straw or sawdust, that is free of manure and was not made from painted or treated wood;

(A-2) any composting additives that the composting facility accepts and uses at the facility are necessary to provide proper conditions for composting and do not exceed 10% of the total composting material at the facility at any one time;

(B) the property on which the composting facility is located, and any associated property on which the compost is used, is principally and diligently devoted to the production of agricultural crops and is not owned, leased or otherwise controlled by any waste hauler or generator of nonagricultural compost materials, and the operator of the composting facility is not an employee, partner, shareholder, or in any way connected with or controlled by any such waste hauler or generator;

(C) all compost generated by the composting facility is applied at agronomic rates and used as mulch, fertilizer or soil conditioner on land actually farmed by the person operating the composting facility, and the finished compost is not stored at the composting site for a period longer than 18 months prior to its application as mulch, fertilizer, or soil conditioner;

(D) the owner or operator, by January 1 of each year, (i) registers the site with the Agency, (ii) reports to the Agency on the volume of composting material received and used at the site, (iii) certifies to the Agency that the site complies with the requirements set forth in subparagraphs (A), (A-1), (A-2), (B), and (C) of this paragraph (q)(3), and (iv) certifies to the Agency that all composting material:

(I) was placed more than 200 feet from the nearest potable water supply well;

(II) was placed outside the boundary of the 10-year floodplain or on a part of the site that is floodproofed;

(III) was placed either (aa) at least 1/4 mile from the nearest residence (other than a residence located on the same property as the facility) and there are not more than 10 occupied non-farm residences within 1/2 mile of the boundaries of the site on the date of application or (bb) a lesser distance from the nearest residence (other than a residence located on the same property as the facility) provided that the municipality or county in which the facility is located has by ordinance approved a lesser distance than 1/4 mile and there are not more than 10 occupied non-farm residences within 1/2 mile of the boundaries of the site on the date of application; and

(IV) was placed more than 5 feet above the water table.

Any ordinance approving a residential setback of less than 1/4 mile that is used to meet the requirements of this subparagraph (D) must specifically reference this subparagraph.

For the purposes of this subsection (q), "agronomic rates" means the application of not more than 20 tons per acre per year, except that the Board may allow a higher rate for individual sites where the owner or operator has demonstrated to the Board that the site's soil characteristics or crop needs require a higher rate.

(r) Cause or allow the storage or disposal of coal combustion waste unless:

(1) such waste is stored or disposed of at a site or facility for which a permit has been obtained or is not otherwise required under subsection (d) of this Section; or

(2) such waste is stored or disposed of as a part of the design and reclamation of a site or facility which is an abandoned mine site in accordance with the Abandoned Mined Lands and Water Reclamation Act; or

(3) such waste is stored or disposed of at a site or facility which is operating under NPDES and Subtitle D permits issued by the Agency pursuant to regulations adopted by the Board for mine-related water pollution and permits issued pursuant to the federal Surface Mining Control and Reclamation Act of 1977 (P.L. 95-87) or the rules and regulations thereunder or any law or rule or regulation adopted by the State of Illinois pursuant thereto, and the owner or operator of the facility agrees to accept the waste; and either:

(i) such waste is stored or disposed of in accordance with requirements applicable to refuse disposal under regulations adopted by the Board for mine-related water pollution and pursuant to NPDES and Subtitle D permits issued by the Agency under such regulations; or

(ii) the owner or operator of the facility demonstrates all of the following to the Agency, and the facility is operated in accordance with the demonstration as approved by the Agency: (1) the disposal area will be covered in a manner that will support continuous vegetation, (2) the facility will be adequately protected from wind and water erosion, (3) the pH will be maintained so as to prevent excessive leaching of metal ions, and (4) adequate containment or other measures will be provided to protect surface water and groundwater from contamination at levels prohibited by this Act, the Illinois Groundwater Protection Act, or regulations adopted pursuant thereto.

Notwithstanding any other provision of this Title, the disposal of coal combustion waste pursuant to item (2) or (3) of this subdivision (r) shall be exempt from the other provisions of this Title V, and notwithstanding the provisions of Title X of this Act, the Agency is authorized to grant experimental permits which include provision for the disposal of wastes from the combustion of coal and other materials pursuant to items (2) and (3) of this subdivision (r).

(s) After April 1, 1989, offer for transportation, transport, deliver, receive or accept special waste for which a manifest is required, unless the manifest indicates that the fee required under Section 22.8 of this Act has been paid.

(t) Cause or allow a lateral expansion of a municipal solid waste landfill unit on or after October 9, 1993, without a permit modification, granted by the Agency, that authorizes the lateral expansion.

(u) Conduct any vegetable by-product treatment, storage, disposal or transportation operation in violation of any regulation, standards or permit requirements adopted by the Board under this Act. However, no permit shall be required under this Title V for the land application of vegetable by-products conducted pursuant to Agency permit issued under Title III of this Act to the generator of the vegetable by-products. In addition, vegetable by-products may be transported in this State without a special waste hauling permit, and without the preparation and carrying of a manifest.

(v) (Blank).

(w) Conduct any generation, transportation, or recycling of construction or demolition debris, clean or general, or uncontaminated soil generated during construction, remodeling, repair, and demolition of utilities, structures, and roads that is not commingled with any waste, without the maintenance of documentation identifying the hauler, generator, place of origin of the debris or soil, the weight or volume of the debris or soil, and the location, owner, and operator of the facility where the debris or soil was transferred, disposed, recycled, or treated. This documentation must be maintained by the generator, transporter, or recycler for 3 years. This subsection (w) shall not apply to (1) a permitted pollution control facility that transfers or accepts construction or demolition debris, clean or general, or uncontaminated soil for final disposal, recycling, or treatment, (2) a public utility (as that term is defined in the Public Utilities Act) or a municipal utility, (3) the Illinois Department of Transportation, or (4) a municipality or a county highway department, with the exception of any municipality or county highway department located within a county having a population of over 3,000,000 inhabitants or located in a county that is contiguous to a county having a population of over 3,000,000 inhabitants; but it shall apply to an entity that contracts with a public utility, a municipal utility, the Illinois Department of Transportation, or a municipality or a county highway department. The terms "generation" and "recycling", as used in this subsection, do not apply to clean construction or demolition debris when (i) used as fill material below grade outside of a setback zone if covered by sufficient uncontaminated soil to support vegetation within 30 days of the completion of filling or if covered by a road or structure, (ii) solely broken concrete without protruding metal bars is used for erosion control, or (iii) milled asphalt or crushed concrete is used as aggregate in construction of the shoulder of a roadway. The terms "generation" and "recycling", as used in this subsection, do not apply to uncontaminated soil that is not commingled with any waste when (i) used as fill material below grade or contoured to grade, or (ii) used at the site of generation.

(x) Conduct any carbon sequestration operation:

(1) without a permit granted by the Agency in accordance with Section 22.63 and any rules adopted under that Section, or in violation of any condition imposed by the permit, including periodic reports and full access to adequate records and the inspection of facilities as may be necessary to ensure compliance with this Act and any rules or standards adopted under this Act;

(2) in violation of this Act or any rules or standards adopted by the Board under this Act; or

(3) in violation of any order adopted by the Board under this Act.

(y) Inject any concentrated carbon dioxide fluid produced by a carbon dioxide capture project into a Class II well for purposes of enhanced oil recovery, including, but not limited to, the facilitation of enhanced oil recovery from another well.

(z) Sell or transport concentrated carbon dioxide fluid produced by a carbon dioxide capture project for use in enhanced oil recovery.

(Source: P.A. 101-171, eff. 7-30-19; 102-216, eff. 1-1-22; 102-310, eff. 8-6-21; 102-558, eff. 8-20-21; 102-813, eff. 5-13-22.)

(415 ILCS 5/22.63 new)

Sec. 22.63. Carbon sequestration.

(a) The General Assembly finds that:

(1) The State of Illinois has a long-standing policy to restore, protect, and enhance the environment, including the purity of the air, land, and waters, including groundwaters, of this State.

(2) A clean environment is essential to the growth and well-being of this State.

(3) The sequestration of carbon in underground formations poses a significant and long-term risk to the air, land, and waters, including groundwater, of the State unless Illinois adopts clear standards to ensure that no sequestered carbon escapes the underground formation into which it is injected.

(4) Meaningful participation of State residents, especially vulnerable populations who may be affected by regulatory actions, is critical to ensure that environmental justice considerations are incorporated in the development of, decision-making related to, and implementation of environmental laws and rulemaking that protects and improves the well-being of communities in this State that bear disproportionate burdens imposed by environmental pollution.

(a-5) The purpose of this Section is to promote a healthful environment, including clean water, air, and land, meaningful public involvement and to ensure only responsible sequestration of carbon dioxide occurs in Illinois so as to protect public health and to prevent pollution of the environment.

(a-10) The provisions of this Section shall be liberally construed to carry out the purposes of this Section.

(b) Any person seeking to sequester carbon dioxide in Illinois must first obtain a carbon sequestration permit from the Agency in accordance with the rules developed under subsection (h).

(c) Any person seeking to sequester carbon dioxide in Illinois must, before seeking a carbon sequestration permit in accordance with the rules developed under subsection (h), first conduct an environmental impact analysis. The environmental impact analysis must:

(1) include a statement of purpose and need for the proposed carbon sequestration project;

(2) include a GHG inventory analysis that details and compiles the total Scope 1, 2, and 3 GHG emissions associated with the capture, transportation, and sequestration of the carbon dioxide proposed to be sequestered, together with a demonstration that the Scope 1, 2, and 3 emissions associated with the capture, transportation, and sequestration of the carbon dioxide, converted into carbon dioxide equivalent consistent with United States Environmental Protection Agency rules and guidance, will not exceed the total amount of GHGs sequestered on an annual basis for each year the project remains in operation;

(3) include a water impact analysis that details:

(A) the water sources likely to be impacted by the capture, transportation, and sequestration of the carbon dioxide proposed to be sequestered;

(B) current uses of those water sources;

(C) potential or certain impacts to those water sources from capture, transportation, and sequestration of the carbon dioxide, including impacts to water quantity, quality, and current uses;

(D) the duration of the impacts to water associated with the capture, transportation, and sequestration of the carbon dioxide proposed to be sequestered; and

(E) the methods the applicant will use to minimize both water use and impacts to water quality associated with the sequestration of carbon dioxide;

(4) include an alternatives analysis that evaluates other reasonable alternatives for achieving the same volume of carbon dioxide emissions reductions as are proposed to be achieved through carbon sequestration, including, but not limited to:

(A) if the carbon dioxide was captured at a facility that generates electricity, energy-generation alternatives such as renewable energy, energy storage, or energy efficiency;

(B) if the carbon dioxide was captured at a facility that produces fuel for vehicles or equipment, alternatives such as the use of electric vehicles; and

(C) if the carbon dioxide was captured at an industrial facility, alternative industrial processes that could reduce the amount of carbon dioxide generated;

for each alternative identified under this paragraph (4), the person seeking to sequester carbon dioxide shall complete a GHG inventory analysis of the alternative consistent with subparagraph (B) and a water impacts analysis addressing the factors set out in subparagraph (C); and

(5) be developed with public input, including by making a draft version of the analysis available on a public website for not less than 60 days and accepting comments on the proposed analysis for the entirety of that 60-day period, together with a public meeting at least 14 days after the posting of the draft on the public website that provides a meaningful opportunity for the public to ask questions, have those questions answered, and provide comment on the draft; the final environmental analysis must include responses to public comments, identify all changes to the analysis made in response to those comments, and be made available to the public on a public website.

(d) Any person seeking to sequester carbon dioxide in Illinois must, before seeking a carbon sequestration permit in accordance with the rules developed under subsection (h), first conduct an area of review analysis that:

(1) identifies any faults, fractures, or cracks, abandoned or operating wells, mine shafts, quarries, seismic activity, or other features of the proposed area of review that could interfere with containment of carbon dioxide, and if any such feature is present; and

(2) demonstrates that the feature will not interfere with carbon dioxide containment.

(e) No permit for the sequestration of carbon dioxide may be issued unless:

(1) the Illinois State Water Survey has reviewed the water impact analysis required under paragraph (3) of subsection (c) and, taking into consideration that analysis, information available to the Illinois State Water Survey concerning water supply and uses, and public comment, concluded that the proposed carbon dioxide sequestration project will not have significant adverse effects on water supply or current or future uses of the water source; and

(2) the permit sets out conditions, determined in consultation with the Illinois State Water Supply and taking into consideration public comments, under which the project operator must reduce the volume or rate or water that may be utilized for the sequestration of carbon dioxide, as well as conditions under which the use of water for carbon sequestration must be halted altogether.

(f) Any person who applies for or is granted a permit for carbon sequestration under this Section shall post with the Agency a performance bond or other security in accordance with this Act and the rules developed under subsection (h). The only acceptable forms of financial assurance are a trust fund, a surety bond guaranteeing payment, a surety bond guaranteeing performance, or an irrevocable letter of credit.

The Agency may enter into contracts and agreements it deems necessary to carry out the purposes of this Section. Neither the State nor any State employee shall be liable for any damages or injuries arising out of or resulting from any action taken under this Section.

The Agency may approve or disapprove any performance bond or other security posted under this subsection. Any person whose performance bond or other security is disapproved by the Agency may contest the disapproval as a permit denial appeal under Section 40.

(g) Every applicant for a permit for carbon sequestration under subsection (b) of this Section shall first register with the Agency at least 60 days before applying for a permit. The Agency shall make available a registration form within 90 days after the effective date of this Act. The registration form shall require the following information:

(1) the name and address of the registrant and any parent, subsidiary, or affiliate thereof;

(2) disclosure of all findings of a serious violation or an equivalent violation under federal or State laws, rules, or regulations concerning the development or operation of a carbon dioxide injection well, a carbon dioxide pipeline, or an oil or gas exploration or production site, by the applicant or any parent, subsidiary, or affiliate thereof within the previous 5 years; and

(3) proof of insurance to cover injuries, damages, or losses related to a release of carbon dioxide in the amount of at least $250,000,000, from an insurance carrier authorized, licensed, or permitted to do so in this State and that holds at least an A- rating by an American credit rating agency that focuses on the insurance industry, or any comparable rating service.

A registrant must notify the Department of any change in the information identified in paragraphs (1), (2), or (3) no later than one month after the change, or sooner upon request of the Agency.

If granted a carbon sequestration permit under this Section, the permittee must maintain insurance in accordance with paragraph (3) throughout the period during which carbon dioxide is injected into the sequestration site and at least 100 years thereafter.

(h) The Board shall adopt rules establishing permit requirements and other standards for carbon sequestration. The Board's rules shall address, but are not limited to, the following issues: applicability; required permit information; minimum criteria for siting; area of review and corrective action; financial responsibility; injection well construction requirements; logging, sampling, and testing requirements before injection well operation; injection well operating requirements; mechanical integrity; testing and monitoring requirements; reporting requirements; injection well plugging; post-injection site care and site closure; emergency and remedial response; conditions for obtaining a variance from injection depth requirements; and security protections for injection wells, monitors, and other associated infrastructure to prevent tampering with sequestration-related equipment.

Not later than one year after the effective date of this amendatory Act of the 103rd General Assembly the Agency shall propose, and not later than 2 years after receipt of the Agency's proposal the Board shall adopt, the rules required under this Section. The rules must, at a minimum:

(1) be at least as protective and comprehensive as the federal rules, regulations, or amendments thereto adopted by the Administrator of the United States Environmental Protection Agency under the provisions of 40 CFR 146 governing Class VI wells;

(2) specify the minimum contents of carbon sequestration permit applications, which shall include the environmental impact analyses required under subsection (c), the area of review analysis required under subsection (d), and documentation and analyses sufficient to demonstrate compliance with all applicable rules for carbon sequestration adopted under this Section;

(3) specify the frequency at which carbon sequestration permits expire and must be renewed, the circumstances under which a permittee must seek a permit modification, and the circumstances under which the Agency may temporarily or permanently revoke a carbon sequestration permit;

(4) specify standards for review, approval, and denial by the Agency of carbon sequestration permit applications;

(5) specify meaningful public participation procedures for the issuance of carbon sequestration permits, including, but not limited to:

(A) public notice of the submission of permit applications;

(B) posting on a public website of the full permit application, the draft and final permitting actions by the Agency, and the Agency's response to comments;

(C) an opportunity for the submission of public comments;

(D) an opportunity for a public hearing prior to permit issuance; and

(E) a summary and response of the comments prepared by the Agency; when the sequestration is proposed to take place in an area of environmental justice concern, the rules shall specify further opportunities for public participation, including, but not limited to, public meetings, translations of relevant documents into other languages for residents with limited English proficiency, and interpretation services at public meetings and hearings;

(6) prescribe the type and amount of the performance bonds or other securities required under subsection (f) and the conditions under which the State is entitled to collect moneys from such performance bonds or other securities;

(7) specify a procedure to identify areas of environmental justice concern in relation to sequestration facilities;

(8) prohibit carbon dioxide sequestration unless the permit applicant demonstrates that the confining zone in which the applicant proposes to sequester carbon dioxide:

(A) is not located in an active seismic zone, fault area, or any other location in which carbon sequestration could pose an undue risk of harm to human health or the environment;

(B) does not intersect with an aquifer containing groundwater classified as Class 1, Class 2, or Class 3 under 35 Ill. Adm. Code Part 620, Subpart B;

(C) does not intersect with any aquifer that is hydraulically connected to aquifers containing groundwater classified as Class 1, Class 2, or Class 3 under 35 Ill. Adm. Code Part 620, Subpart B; and

(D) does not contain any faults, fractures, abandoned or operating wells, mine shafts, quarries, or other features that could interfere with containment of carbon dioxide;

(9) require that monitoring of carbon sequestration facilities be conducted by a third-party contractor;

(10) establish minimum qualifications for third-party contractors to conduct monitoring;

(11) specify the types of monitors and frequency of monitoring to be performed at carbon sequestration facilities, which, in addition to monitoring required under 40 CFR 146, shall include surface air monitoring, soil gas monitoring, seismicity monitoring, and any other types of monitoring the Board determines are appropriate to protect health and the environment;

(12) set the minimum duration of the post-injection site care period at no fewer than 100 years; and

(13) establish reporting requirements for carbon sequestration permittees, which, in addition to the reporting required under 40 CFR 146, shall include, but are not limited to, the mass of carbon dioxide transported to sequestration facilities, the facilities from which that carbon dioxide was captured, seismic events of significant magnitude, and malfunctions or downtime of any monitors.

(415 ILCS 5/39) (from Ch. 111 1/2, par. 1039)

Sec. 39. Issuance of permits; procedures.

(a) When the Board has by regulation required a permit for the construction, installation, or operation of any type of facility, equipment, vehicle, vessel, or aircraft, the applicant shall apply to the Agency for such permit and it shall be the duty of the Agency to issue such a permit upon proof by the applicant that the facility, equipment, vehicle, vessel, or aircraft will not cause a violation of this Act or of regulations hereunder. The Agency shall adopt such procedures as are necessary to carry out its duties under this Section. In making its determinations on permit applications under this Section the Agency may consider prior adjudications of noncompliance with this Act by the applicant that involved a release of a contaminant into the environment. In granting permits, the Agency may impose reasonable conditions specifically related to the applicant's past compliance history with this Act as necessary to correct, detect, or prevent noncompliance. The Agency may impose such other conditions as may be necessary to accomplish the purposes of this Act, and as are not inconsistent with the regulations promulgated by the Board hereunder. Except as otherwise provided in this Act, a bond or other security shall not be required as a condition for the issuance of a permit. If the Agency denies any permit under this Section, the Agency shall transmit to the applicant within the time limitations of this Section specific, detailed statements as to the reasons the permit application was denied. Such statements shall include, but not be limited to, the following:

(i) the Sections of this Act which may be violated if the permit were granted;

(ii) the provision of the regulations, promulgated under this Act, which may be violated if the permit were granted;

(iii) the specific type of information, if any, which the Agency deems the applicant did not provide the Agency; and

(iv) a statement of specific reasons why the Act and the regulations might not be met if the permit were granted.

If there is no final action by the Agency within 90 days after the filing of the application for permit, the applicant may deem the permit issued; except that this time period shall be extended to 180 days when (1) notice and opportunity for public hearing are required by State or federal law or regulation, (2) the application which was filed is for any permit to develop a landfill subject to issuance pursuant to this subsection, or (3) the application that was filed is for a MSWLF unit required to issue public notice under subsection (p) of Section 39. The 90-day and 180-day time periods for the Agency to take final action do not apply to NPDES permit applications under subsection (b) of this Section, to RCRA permit applications under subsection (d) of this Section, to UIC permit applications under subsection (e) of this Section, or to CCR surface impoundment applications under subsection (y) of this Section.

The Agency shall publish notice of all final permit determinations for development permits for MSWLF units and for significant permit modifications for lateral expansions for existing MSWLF units one time in a newspaper of general circulation in the county in which the unit is or is proposed to be located.

After January 1, 1994 and until July 1, 1998, operating permits issued under this Section by the Agency for sources of air pollution permitted to emit less than 25 tons per year of any combination of regulated air pollutants, as defined in Section 39.5 of this Act, shall be required to be renewed only upon written request by the Agency consistent with applicable provisions of this Act and regulations promulgated hereunder. Such operating permits shall expire 180 days after the date of such a request. The Board shall revise its regulations for the existing State air pollution operating permit program consistent with this provision by January 1, 1994.

After June 30, 1998, operating permits issued under this Section by the Agency for sources of air pollution that are not subject to Section 39.5 of this Act and are not required to have a federally enforceable State operating permit shall be required to be renewed only upon written request by the Agency consistent with applicable provisions of this Act and its rules. Such operating permits shall expire 180 days after the date of such a request. Before July 1, 1998, the Board shall revise its rules for the existing State air pollution operating permit program consistent with this paragraph and shall adopt rules that require a source to demonstrate that it qualifies for a permit under this paragraph.

(b) The Agency may issue NPDES permits exclusively under this subsection for the discharge of contaminants from point sources into navigable waters, all as defined in the Federal Water Pollution Control Act, as now or hereafter amended, within the jurisdiction of the State, or into any well.

All NPDES permits shall contain those terms and conditions, including, but not limited to, schedules of compliance, which may be required to accomplish the purposes and provisions of this Act.

The Agency may issue general NPDES permits for discharges from categories of point sources which are subject to the same permit limitations and conditions. Such general permits may be issued without individual applications and shall conform to regulations promulgated under Section 402 of the Federal Water Pollution Control Act, as now or hereafter amended.

The Agency may include, among such conditions, effluent limitations and other requirements established under this Act, Board regulations, the Federal Water Pollution Control Act, as now or hereafter amended, and regulations pursuant thereto, and schedules for achieving compliance therewith at the earliest reasonable date.

The Agency shall adopt filing requirements and procedures which are necessary and appropriate for the issuance of NPDES permits, and which are consistent with the Act or regulations adopted by the Board, and with the Federal Water Pollution Control Act, as now or hereafter amended, and regulations pursuant thereto.

The Agency, subject to any conditions which may be prescribed by Board regulations, may issue NPDES permits to allow discharges beyond deadlines established by this Act or by regulations of the Board without the requirement of a variance, subject to the Federal Water Pollution Control Act, as now or hereafter amended, and regulations pursuant thereto.

(c) Except for those facilities owned or operated by sanitary districts organized under the Metropolitan Water Reclamation District Act, no permit for the development or construction of a new pollution control facility may be granted by the Agency unless the applicant submits proof to the Agency that the location of the facility has been approved by the county board of the county if in an unincorporated area, or the governing body of the municipality when in an incorporated area, in which the facility is to be located in accordance with Section 39.2 of this Act. For purposes of this subsection (c), and for purposes of Section 39.2 of this Act, the appropriate county board or governing body of the municipality shall be the county board of the county or the governing body of the municipality in which the facility is to be located as of the date when the application for siting approval is filed.

In the event that siting approval granted pursuant to Section 39.2 has been transferred to a subsequent owner or operator, that subsequent owner or operator may apply to the Agency for, and the Agency may grant, a development or construction permit for the facility for which local siting approval was granted. Upon application to the Agency for a development or construction permit by that subsequent owner or operator, the permit applicant shall cause written notice of the permit application to be served upon the appropriate county board or governing body of the municipality that granted siting approval for that facility and upon any party to the siting proceeding pursuant to which siting approval was granted. In that event, the Agency shall conduct an evaluation of the subsequent owner or operator's prior experience in waste management operations in the manner conducted under subsection (i) of Section 39 of this Act.

Beginning August 20, 1993, if the pollution control facility consists of a hazardous or solid waste disposal facility for which the proposed site is located in an unincorporated area of a county with a population of less than 100,000 and includes all or a portion of a parcel of land that was, on April 1, 1993, adjacent to a municipality having a population of less than 5,000, then the local siting review required under this subsection (c) in conjunction with any permit applied for after that date shall be performed by the governing body of that adjacent municipality rather than the county board of the county in which the proposed site is located; and for the purposes of that local siting review, any references in this Act to the county board shall be deemed to mean the governing body of that adjacent municipality; provided, however, that the provisions of this paragraph shall not apply to any proposed site which was, on April 1, 1993, owned in whole or in part by another municipality.

In the case of a pollution control facility for which a development permit was issued before November 12, 1981, if an operating permit has not been issued by the Agency prior to August 31, 1989 for any portion of the facility, then the Agency may not issue or renew any development permit nor issue an original operating permit for any portion of such facility unless the applicant has submitted proof to the Agency that the location of the facility has been approved by the appropriate county board or municipal governing body pursuant to Section 39.2 of this Act.

After January 1, 1994, if a solid waste disposal facility, any portion for which an operating permit has been issued by the Agency, has not accepted waste disposal for 5 or more consecutive calendar years, before that facility may accept any new or additional waste for disposal, the owner and operator must obtain a new operating permit under this Act for that facility unless the owner and operator have applied to the Agency for a permit authorizing the temporary suspension of waste acceptance. The Agency may not issue a new operation permit under this Act for the facility unless the applicant has submitted proof to the Agency that the location of the facility has been approved or re-approved by the appropriate county board or municipal governing body under Section 39.2 of this Act after the facility ceased accepting waste.

Except for those facilities owned or operated by sanitary districts organized under the Metropolitan Water Reclamation District Act, and except for new pollution control facilities governed by Section 39.2, and except for fossil fuel mining facilities, the granting of a permit under this Act shall not relieve the applicant from meeting and securing all necessary zoning approvals from the unit of government having zoning jurisdiction over the proposed facility.

Before beginning construction on any new sewage treatment plant or sludge drying site to be owned or operated by a sanitary district organized under the Metropolitan Water Reclamation District Act for which a new permit (rather than the renewal or amendment of an existing permit) is required, such sanitary district shall hold a public hearing within the municipality within which the proposed facility is to be located, or within the nearest community if the proposed facility is to be located within an unincorporated area, at which information concerning the proposed facility shall be made available to the public, and members of the public shall be given the opportunity to express their views concerning the proposed facility.

The Agency may issue a permit for a municipal waste transfer station without requiring approval pursuant to Section 39.2 provided that the following demonstration is made:

(1) the municipal waste transfer station was in existence on or before January 1, 1979 and was in continuous operation from January 1, 1979 to January 1, 1993;

(2) the operator submitted a permit application to the Agency to develop and operate the municipal waste transfer station during April of 1994;

(3) the operator can demonstrate that the county board of the county, if the municipal waste transfer station is in an unincorporated area, or the governing body of the municipality, if the station is in an incorporated area, does not object to resumption of the operation of the station; and

(4) the site has local zoning approval.

(d) The Agency may issue RCRA permits exclusively under this subsection to persons owning or operating a facility for the treatment, storage, or disposal of hazardous waste as defined under this Act. Subsection (y) of this Section, rather than this subsection (d), shall apply to permits issued for CCR surface impoundments.

All RCRA permits shall contain those terms and conditions, including, but not limited to, schedules of compliance, which may be required to accomplish the purposes and provisions of this Act. The Agency may include among such conditions standards and other requirements established under this Act, Board regulations, the Resource Conservation and Recovery Act of 1976 (P.L. 94-580), as amended, and regulations pursuant thereto, and may include schedules for achieving compliance therewith as soon as possible. The Agency shall require that a performance bond or other security be provided as a condition for the issuance of a RCRA permit.

In the case of a permit to operate a hazardous waste or PCB incinerator as defined in subsection (k) of Section 44, the Agency shall require, as a condition of the permit, that the operator of the facility perform such analyses of the waste to be incinerated as may be necessary and appropriate to ensure the safe operation of the incinerator.

The Agency shall adopt filing requirements and procedures which are necessary and appropriate for the issuance of RCRA permits, and which are consistent with the Act or regulations adopted by the Board, and with the Resource Conservation and Recovery Act of 1976 (P.L. 94-580), as amended, and regulations pursuant thereto.

The applicant shall make available to the public for inspection all documents submitted by the applicant to the Agency in furtherance of an application, with the exception of trade secrets, at the office of the county board or governing body of the municipality. Such documents may be copied upon payment of the actual cost of reproduction during regular business hours of the local office. The Agency shall issue a written statement concurrent with its grant or denial of the permit explaining the basis for its decision.

(e) The Agency may issue UIC permits exclusively under this subsection to persons owning or operating a facility for the underground injection of contaminants as defined under this Act. However, the Agency shall not issue any permit for underground injection wells for the sequestration of carbon dioxide under Section 22.63.

All UIC permits shall contain those terms and conditions, including, but not limited to, schedules of compliance, which may be required to accomplish the purposes and provisions of this Act. The Agency may include among such conditions standards and other requirements established under this Act, Board regulations, the Safe Drinking Water Act (P.L. 93-523), as amended, and regulations pursuant thereto, and may include schedules for achieving compliance therewith. The Agency shall require that a performance bond or other security be provided as a condition for the issuance of a UIC permit.

The Agency shall adopt filing requirements and procedures which are necessary and appropriate for the issuance of UIC permits, and which are consistent with the Act or regulations adopted by the Board, and with the Safe Drinking Water Act (P.L. 93-523), as amended, and regulations pursuant thereto.

The applicant shall make available to the public for inspection all documents submitted by the applicant to the Agency in furtherance of an application, with the exception of trade secrets, at the office of the county board or governing body of the municipality. Such documents may be copied upon payment of the actual cost of reproduction during regular business hours of the local office. The Agency shall issue a written statement concurrent with its grant or denial of the permit explaining the basis for its decision.

(f) In making any determination pursuant to Section 9.1 of this Act:

(1) The Agency shall have authority to make the determination of any question required to be determined by the Clean Air Act, as now or hereafter amended, this Act, or the regulations of the Board, including the determination of the Lowest Achievable Emission Rate, Maximum Achievable Control Technology, or Best Available Control Technology, consistent with the Board's regulations, if any.

(2) The Agency shall adopt requirements as necessary to implement public participation procedures, including, but not limited to, public notice, comment, and an opportunity for hearing, which must accompany the processing of applications for PSD permits. The Agency shall briefly describe and respond to all significant comments on the draft permit raised during the public comment period or during any hearing. The Agency may group related comments together and provide one unified response for each issue raised.

(3) Any complete permit application submitted to the Agency under this subsection for a PSD permit shall be granted or denied by the Agency not later than one year after the filing of such completed application.

(4) The Agency shall, after conferring with the applicant, give written notice to the applicant of its proposed decision on the application, including the terms and conditions of the permit to be issued and the facts, conduct, or other basis upon which the Agency will rely to support its proposed action.

(g) The Agency shall include as conditions upon all permits issued for hazardous waste disposal sites such restrictions upon the future use of such sites as are reasonably necessary to protect public health and the environment, including permanent prohibition of the use of such sites for purposes which may create an unreasonable risk of injury to human health or to the environment. After administrative and judicial challenges to such restrictions have been exhausted, the Agency shall file such restrictions of record in the Office of the Recorder of the county in which the hazardous waste disposal site is located.

(h) A hazardous waste stream may not be deposited in a permitted hazardous waste site unless specific authorization is obtained from the Agency by the generator and disposal site owner and operator for the deposit of that specific hazardous waste stream. The Agency may grant specific authorization for disposal of hazardous waste streams only after the generator has reasonably demonstrated that, considering technological feasibility and economic reasonableness, the hazardous waste cannot be reasonably recycled for reuse, nor incinerated or chemically, physically, or biologically treated so as to neutralize the hazardous waste and render it nonhazardous. In granting authorization under this Section, the Agency may impose such conditions as may be necessary to accomplish the purposes of the Act and are consistent with this Act and regulations promulgated by the Board hereunder. If the Agency refuses to grant authorization under this Section, the applicant may appeal as if the Agency refused to grant a permit, pursuant to the provisions of subsection (a) of Section 40 of this Act. For purposes of this subsection (h), the term "generator" has the meaning given in Section 3.205 of this Act, unless: (1) the hazardous waste is treated, incinerated, or partially recycled for reuse prior to disposal, in which case the last person who treats, incinerates, or partially recycles the hazardous waste prior to disposal is the generator; or (2) the hazardous waste is from a response action, in which case the person performing the response action is the generator. This subsection (h) does not apply to any hazardous waste that is restricted from land disposal under 35 Ill. Adm. Code 728.

(i) Before issuing any RCRA permit, any permit for a waste storage site, sanitary landfill, waste disposal site, waste transfer station, waste treatment facility, waste incinerator, or any waste-transportation operation, any permit or interim authorization for a clean construction or demolition debris fill operation, or any permit required under subsection (d-5) of Section 55, the Agency shall conduct an evaluation of the prospective owner's or operator's prior experience in waste management operations, clean construction or demolition debris fill operations, and tire storage site management. The Agency may deny such a permit, or deny or revoke interim authorization, if the prospective owner or operator or any employee or officer of the prospective owner or operator has a history of:

(1) repeated violations of federal, State, or local laws, regulations, standards, or ordinances in the operation of waste management facilities or sites, clean construction or demolition debris fill operation facilities or sites, or tire storage sites; or

(2) conviction in this or another State of any crime which is a felony under the laws of this State, or conviction of a felony in a federal court; or conviction in this or another state or federal court of any of the following crimes: forgery, official misconduct, bribery, perjury, or knowingly submitting false information under any environmental law, regulation, or permit term or condition; or

(3) proof of gross carelessness or incompetence in handling, storing, processing, transporting, or disposing of waste, clean construction or demolition debris, or used or waste tires, or proof of gross carelessness or incompetence in using clean construction or demolition debris as fill.

(i-5) Before issuing any permit or approving any interim authorization for a clean construction or demolition debris fill operation in which any ownership interest is transferred between January 1, 2005, and the effective date of the prohibition set forth in Section 22.52 of this Act, the Agency shall conduct an evaluation of the operation if any previous activities at the site or facility may have caused or allowed contamination of the site. It shall be the responsibility of the owner or operator seeking the permit or interim authorization to provide to the Agency all of the information necessary for the Agency to conduct its evaluation. The Agency may deny a permit or interim authorization if previous activities at the site may have caused or allowed contamination at the site, unless such contamination is authorized under any permit issued by the Agency.

(j) The issuance under this Act of a permit to engage in the surface mining of any resources other than fossil fuels shall not relieve the permittee from its duty to comply with any applicable local law regulating the commencement, location, or operation of surface mining facilities.

(k) A development permit issued under subsection (a) of Section 39 for any facility or site which is required to have a permit under subsection (d) of Section 21 shall expire at the end of 2 calendar years from the date upon which it was issued, unless within that period the applicant has taken action to develop the facility or the site. In the event that review of the conditions of the development permit is sought pursuant to Section 40 or 41, or permittee is prevented from commencing development of the facility or site by any other litigation beyond the permittee's control, such two-year period shall be deemed to begin on the date upon which such review process or litigation is concluded.

(l) No permit shall be issued by the Agency under this Act for construction or operation of any facility or site located within the boundaries of any setback zone established pursuant to this Act, where such construction or operation is prohibited.

(m) The Agency may issue permits to persons owning or operating a facility for composting landscape waste. In granting such permits, the Agency may impose such conditions as may be necessary to accomplish the purposes of this Act, and as are not inconsistent with applicable regulations promulgated by the Board. Except as otherwise provided in this Act, a bond or other security shall not be required as a condition for the issuance of a permit. If the Agency denies any permit pursuant to this subsection, the Agency shall transmit to the applicant within the time limitations of this subsection specific, detailed statements as to the reasons the permit application was denied. Such statements shall include but not be limited to the following:

(1) the Sections of this Act that may be violated if the permit were granted;

(2) the specific regulations promulgated pursuant to this Act that may be violated if the permit were granted;

(3) the specific information, if any, the Agency deems the applicant did not provide in its application to the Agency; and

(4) a statement of specific reasons why the Act and the regulations might be violated if the permit were granted.

If no final action is taken by the Agency within 90 days after the filing of the application for permit, the applicant may deem the permit issued. Any applicant for a permit may waive the 90-day limitation by filing a written statement with the Agency.

The Agency shall issue permits for such facilities upon receipt of an application that includes a legal description of the site, a topographic map of the site drawn to the scale of 200 feet to the inch or larger, a description of the operation, including the area served, an estimate of the volume of materials to be processed, and documentation that:

(1) the facility includes a setback of at least 200 feet from the nearest potable water supply well;

(2) the facility is located outside the boundary of the 10-year floodplain or the site will be floodproofed;

(3) the facility is located so as to minimize incompatibility with the character of the surrounding area, including at least a 200 foot setback from any residence, and in the case of a facility that is developed or the permitted composting area of which is expanded after November 17, 1991, the composting area is located at least 1/8 mile from the nearest residence (other than a residence located on the same property as the facility);

(4) the design of the facility will prevent any compost material from being placed within 5 feet of the water table, will adequately control runoff from the site, and will collect and manage any leachate that is generated on the site;

(5) the operation of the facility will include appropriate dust and odor control measures, limitations on operating hours, appropriate noise control measures for shredding, chipping and similar equipment, management procedures for composting, containment and disposal of non-compostable wastes, procedures to be used for terminating operations at the site, and recordkeeping sufficient to document the amount of materials received, composted, and otherwise disposed of; and

(6) the operation will be conducted in accordance with any applicable rules adopted by the Board.

The Agency shall issue renewable permits of not longer than 10 years in duration for the composting of landscape wastes, as defined in Section 3.155 of this Act, based on the above requirements.

The operator of any facility permitted under this subsection (m) must submit a written annual statement to the Agency on or before April 1 of each year that includes an estimate of the amount of material, in tons, received for composting.

(n) The Agency shall issue permits jointly with the Department of Transportation for the dredging or deposit of material in Lake Michigan in accordance with Section 18 of the Rivers, Lakes, and Streams Act.

(o) (Blank).

(p) (1) Any person submitting an application for a permit for a new MSWLF unit or for a lateral expansion under subsection (t) of Section 21 of this Act for an existing MSWLF unit that has not received and is not subject to local siting approval under Section 39.2 of this Act shall publish notice of the application in a newspaper of general circulation in the county in which the MSWLF unit is or is proposed to be located. The notice must be published at least 15 days before submission of the permit application to the Agency. The notice shall state the name and address of the applicant, the location of the MSWLF unit or proposed MSWLF unit, the nature and size of the MSWLF unit or proposed MSWLF unit, the nature of the activity proposed, the probable life of the proposed activity, the date the permit application will be submitted, and a statement that persons may file written comments with the Agency concerning the permit application within 30 days after the filing of the permit application unless the time period to submit comments is extended by the Agency.

When a permit applicant submits information to the Agency to supplement a permit application being reviewed by the Agency, the applicant shall not be required to reissue the notice under this subsection.

(2) The Agency shall accept written comments concerning the permit application that are postmarked no later than 30 days after the filing of the permit application, unless the time period to accept comments is extended by the Agency.

(3) Each applicant for a permit described in part (1) of this subsection shall file a copy of the permit application with the county board or governing body of the municipality in which the MSWLF unit is or is proposed to be located at the same time the application is submitted to the Agency. The permit application filed with the county board or governing body of the municipality shall include all documents submitted to or to be submitted to the Agency, except trade secrets as determined under Section 7.1 of this Act. The permit application and other documents on file with the county board or governing body of the municipality shall be made available for public inspection during regular business hours at the office of the county board or the governing body of the municipality and may be copied upon payment of the actual cost of reproduction.

(q) Within 6 months after July 12, 2011 (the effective date of Public Act 97-95), the Agency, in consultation with the regulated community, shall develop a web portal to be posted on its website for the purpose of enhancing review and promoting timely issuance of permits required by this Act. At a minimum, the Agency shall make the following information available on the web portal:

(1) Checklists and guidance relating to the completion of permit applications, developed pursuant to subsection (s) of this Section, which may include, but are not limited to, existing instructions for completing the applications and examples of complete applications. As the Agency develops new checklists and develops guidance, it shall supplement the web portal with those materials.

(2) Within 2 years after July 12, 2011 (the effective date of Public Act 97-95), permit application forms or portions of permit applications that can be completed and saved electronically, and submitted to the Agency electronically with digital signatures.

(3) Within 2 years after July 12, 2011 (the effective date of Public Act 97-95), an online tracking system where an applicant may review the status of its pending application, including the name and contact information of the permit analyst assigned to the application. Until the online tracking system has been developed, the Agency shall post on its website semi-annual permitting efficiency tracking reports that include statistics on the timeframes for Agency action on the following types of permits received after July 12, 2011 (the effective date of Public Act 97-95): air construction permits, new NPDES permits and associated water construction permits, and modifications of major NPDES permits and associated water construction permits. The reports must be posted by February 1 and August 1 each year and shall include:

(A) the number of applications received for each type of permit, the number of applications on which the Agency has taken action, and the number of applications still pending; and

(B) for those applications where the Agency has not taken action in accordance with the timeframes set forth in this Act, the date the application was received and the reasons for any delays, which may include, but shall not be limited to, (i) the application being inadequate or incomplete, (ii) scientific or technical disagreements with the applicant, USEPA, or other local, state, or federal agencies involved in the permitting approval process, (iii) public opposition to the permit, or (iv) Agency staffing shortages. To the extent practicable, the tracking report shall provide approximate dates when cause for delay was identified by the Agency, when the Agency informed the applicant of the problem leading to the delay, and when the applicant remedied the reason for the delay.

(r) Upon the request of the applicant, the Agency shall notify the applicant of the permit analyst assigned to the application upon its receipt.

(s) The Agency is authorized to prepare and distribute guidance documents relating to its administration of this Section and procedural rules implementing this Section. Guidance documents prepared under this subsection shall not be considered rules and shall not be subject to the Illinois Administrative Procedure Act. Such guidance shall not be binding on any party.

(t) Except as otherwise prohibited by federal law or regulation, any person submitting an application for a permit may include with the application suggested permit language for Agency consideration. The Agency is not obligated to use the suggested language or any portion thereof in its permitting decision. If requested by the permit applicant, the Agency shall meet with the applicant to discuss the suggested language.

(u) If requested by the permit applicant, the Agency shall provide the permit applicant with a copy of the draft permit prior to any public review period.

(v) If requested by the permit applicant, the Agency shall provide the permit applicant with a copy of the final permit prior to its issuance.

(w) An air pollution permit shall not be required due to emissions of greenhouse gases, as specified by Section 9.15 of this Act.

(x) If, before the expiration of a State operating permit that is issued pursuant to subsection (a) of this Section and contains federally enforceable conditions limiting the potential to emit of the source to a level below the major source threshold for that source so as to exclude the source from the Clean Air Act Permit Program, the Agency receives a complete application for the renewal of that permit, then all of the terms and conditions of the permit shall remain in effect until final administrative action has been taken on the application for the renewal of the permit.

(y) The Agency may issue permits exclusively under this subsection to persons owning or operating a CCR surface impoundment subject to Section 22.59.

(z) If a mass animal mortality event is declared by the Department of Agriculture in accordance with the Animal Mortality Act:

(1) the owner or operator responsible for the disposal of dead animals is exempted from the following:

(i) obtaining a permit for the construction, installation, or operation of any type of facility or equipment issued in accordance with subsection (a) of this Section;

(ii) obtaining a permit for open burning in accordance with the rules adopted by the Board; and

(iii) registering the disposal of dead animals as an eligible small source with the Agency in accordance with Section 9.14 of this Act;

(2) as applicable, the owner or operator responsible for the disposal of dead animals is required to obtain the following permits:

(i) an NPDES permit in accordance with subsection (b) of this Section;

(ii) a PSD permit or an NA NSR permit in accordance with Section 9.1 of this Act;

(iii) a lifetime State operating permit or a federally enforceable State operating permit, in accordance with subsection (a) of this Section; or

(iv) a CAAPP permit, in accordance with Section 39.5 of this Act.

All CCR surface impoundment permits shall contain those terms and conditions, including, but not limited to, schedules of compliance, which may be required to accomplish the purposes and provisions of this Act, Board regulations, the Illinois Groundwater Protection Act and regulations pursuant thereto, and the Resource Conservation and Recovery Act and regulations pursuant thereto, and may include schedules for achieving compliance therewith as soon as possible.

The Board shall adopt filing requirements and procedures that are necessary and appropriate for the issuance of CCR surface impoundment permits and that are consistent with this Act or regulations adopted by the Board, and with the RCRA, as amended, and regulations pursuant thereto.

The applicant shall make available to the public for inspection all documents submitted by the applicant to the Agency in furtherance of an application, with the exception of trade secrets, on its public internet website as well as at the office of the county board or governing body of the municipality where CCR from the CCR surface impoundment will be permanently disposed. Such documents may be copied upon payment of the actual cost of reproduction during regular business hours of the local office.

The Agency shall issue a written statement concurrent with its grant or denial of the permit explaining the basis for its decision.

(Source: P.A. 101-171, eff. 7-30-19; 102-216, eff. 1-1-22; 102-558, eff. 8-20-21; 102-813, eff. 5-13-22.)

(415 ILCS 5/40) (from Ch. 111 1/2, par. 1040)

Sec. 40. Appeal of permit denial.

(a)(1) If the Agency refuses to grant or grants with conditions a permit under Section 39 of this Act, the applicant may, within 35 days after the date on which the Agency served its decision on the applicant, petition for a hearing before the Board to contest the decision of the Agency. However, the 35-day period for petitioning for a hearing may be extended for an additional period of time not to exceed 90 days by written notice provided to the Board from the applicant and the Agency within the initial appeal period. The Board shall give 21 days' notice to any person in the county where is located the facility in issue who has requested notice of enforcement proceedings and to each member of the General Assembly in whose legislative district that installation or property is located; and shall publish that 21-day notice in a newspaper of general circulation in that county. The Agency shall appear as respondent in such hearing. At such hearing the rules prescribed in Section 32 and subsection (a) of Section 33 of this Act shall apply, and the burden of proof shall be on the petitioner. If, however, the Agency issues an NPDES permit that imposes limits which are based upon a criterion or denies a permit based upon application of a criterion, then the Agency shall have the burden of going forward with the basis for the derivation of those limits or criterion which were derived under the Board's rules.

(2) Except as provided in paragraph (a)(3), if there is no final action by the Board within 120 days after the date on which it received the petition, the petitioner may deem the permit issued under this Act, provided, however, that that period of 120 days shall not run for any period of time, not to exceed 30 days, during which the Board is without sufficient membership to constitute the quorum required by subsection (a) of Section 5 of this Act, and provided further that such 120 day period shall not be stayed for lack of quorum beyond 30 days regardless of whether the lack of quorum exists at the beginning of such 120-day period or occurs during the running of such 120-day period.

(3) Paragraph (a)(2) shall not apply to any permit which is subject to subsection (b), (d) or (e) of Section 39. If there is no final action by the Board within 120 days after the date on which it received the petition, the petitioner shall be entitled to an Appellate Court order pursuant to subsection (d) of Section 41 of this Act.

(b) If the Agency grants a RCRA permit for a hazardous waste disposal site, a third party, other than the permit applicant or Agency, may, within 35 days after the date on which the Agency issued its decision, petition the Board for a hearing to contest the issuance of the permit. Unless the Board determines that such petition is duplicative or frivolous, or that the petitioner is so located as to not be affected by the permitted facility, the Board shall hear the petition in accordance with the terms of subsection (a) of this Section and its procedural rules governing denial appeals, such hearing to be based exclusively on the record before the Agency. The burden of proof shall be on the petitioner. The Agency and the permit applicant shall be named co-respondents.

The provisions of this subsection do not apply to the granting of permits issued for the disposal or utilization of sludge from publicly owned sewage works.

(c) Any party to an Agency proceeding conducted pursuant to Section 39.3 of this Act may petition as of right to the Board for review of the Agency's decision within 35 days from the date of issuance of the Agency's decision, provided that such appeal is not duplicative or frivolous. However, the 35-day period for petitioning for a hearing may be extended by the applicant for a period of time not to exceed 90 days by written notice provided to the Board from the applicant and the Agency within the initial appeal period. If another person with standing to appeal wishes to obtain an extension, there must be a written notice provided to the Board by that person, the Agency, and the applicant, within the initial appeal period. The decision of the Board shall be based exclusively on the record compiled in the Agency proceeding. In other respects the Board's review shall be conducted in accordance with subsection (a) of this Section and the Board's procedural rules governing permit denial appeals.

(d) In reviewing the denial or any condition of a NA NSR permit issued by the Agency pursuant to rules and regulations adopted under subsection (c) of Section 9.1 of this Act, the decision of the Board shall be based exclusively on the record before the Agency including the record of the hearing, if any, unless the parties agree to supplement the record. The Board shall, if it finds the Agency is in error, make a final determination as to the substantive limitations of the permit including a final determination of Lowest Achievable Emission Rate.

(e)(1) If the Agency grants or denies a permit under subsection (b) of Section 39 of this Act, a third party, other than the permit applicant or Agency, may petition the Board within 35 days from the date of issuance of the Agency's decision, for a hearing to contest the decision of the Agency.

(2) A petitioner shall include the following within a petition submitted under subdivision (1) of this subsection:

(A) a demonstration that the petitioner raised the issues contained within the petition during the public notice period or during the public hearing on the NPDES permit application, if a public hearing was held; and

(B) a demonstration that the petitioner is so situated as to be affected by the permitted facility.

(3) If the Board determines that the petition is not duplicative or frivolous and contains a satisfactory demonstration under subdivision (2) of this subsection, the Board shall hear the petition (i) in accordance with the terms of subsection (a) of this Section and its procedural rules governing permit denial appeals and (ii) exclusively on the basis of the record before the Agency. The burden of proof shall be on the petitioner. The Agency and permit applicant shall be named co-respondents.

(f) Any person who files a petition to contest the issuance of a permit by the Agency shall pay a filing fee.

(g) If the Agency grants or denies a permit under subsection (y) of Section 39, a third party, other than the permit applicant or Agency, may appeal the Agency's decision as provided under federal law for CCR surface impoundment permits.

(h) If the Agency grants or denies a permit for the capture of carbon dioxide under Section 9.20 or a permit for sequestration of carbon dioxide under Section 22.63, including, but not limited to, the disapproval of financial assurance under subsection (f) of Section 22.63, any person may petition the Board, within 35 days after the date of issuance of the Agency's decision, for a hearing to contest the grant or denial.

(Source: P.A. 101-171, eff. 7-30-19; 102-558, eff. 8-20-21.)

Section 97. Severability. The provisions of this Act are severable under Section 1.31 of the Statute on Statutes.

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