Environment & Energy Committee

Filed: 11/30/2010





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2    AMENDMENT NO. ______. Amend Senate Bill 678, by replacing
3everything after the enacting clause with the following:
4    "Section 5. The Clean Coal FutureGen for Illinois Act is
5amended by changing Sections 5, 10, 15, and 998 as follows:
6    (20 ILCS 1107/5)
7    (Section scheduled to be repealed on December 31, 2010)
8    Sec. 5. Purpose. Recognizing that the FutureGen Project is
9a first-of-a-kind research project to permanently sequester
10underground captured CO2 carbon-dioxide emissions from: (1) a
11coal-fueled power plant that uses as its primary fuel source
12high volatile bituminous rank coal with greater than 1.7 pounds
13of sulfur per million btu content or (2) other approved and
14permitted captured CO2 sources in the State of Illinois, and
15that such a project would have benefits to the economy and
16environment of Illinois, the purpose of this Act is to provide



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1the FutureGen Alliance with adequate liability protection and
2permitting certainty to facilitate the siting of the FutureGen
3Project in the State of Illinois, to provide to the State of
4Illinois certain financial benefits from environmental
5attributes for the Project, and to help secure over $1 billion
6in federal funding for the Project.
7(Source: P.A. 95-18, eff. 7-30-07.)
8    (20 ILCS 1107/10)
9    (Section scheduled to be repealed on December 31, 2010)
10    Sec. 10. Legislative findings. The General Assembly finds
11and determines that:
12        (1) human-induced greenhouse gas emissions have been
13    identified as contributing to global warming, the effects
14    of which pose a threat to public health and safety and the
15    economy of the State of Illinois;
16        (2) in order to meet the energy needs of the State of
17    Illinois, keep its economy strong and protect the
18    environment while reducing its contribution to
19    human-induced greenhouse gas emissions, the State of
20    Illinois must be a leader in developing new low-carbon
21    technologies;
22        (3) carbon capture and storage is a low-carbon
23    technology that involves capturing the captured CO2 carbon
24    dioxide from fossil fuel energy electric and hydrogen
25    generating units and other industrial facilities and



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1    injecting it into secure geologic strata for permanent
2    storage;
3        (4) the FutureGen Project is a public-private
4    partnership between the Federal Department of Energy and
5    the FutureGen Alliance that proposes to use this new
6    technology as part of a plan to transport and store
7    captured CO2 from a coal-fueled power plant that uses as
8    its primary fuel source high-volatile bituminous rank coal
9    with greater than 1.7 pounds of sulfur per million btu
10    content and other captured CO2 sources that are approved by
11    the appropriate State of Illinois agency and permitted in
12    the State of Illinois build and operate a near zero
13    emission coal fueled power plant;
14        (5) the FutureGen Project will help ensure the
15    long-term viability of Illinois Basin coal as a major
16    energy source in the State of Illinois and throughout the
17    nation and represents a significant step in the State of
18    Illinois' efforts to become a self-sufficient, clean
19    energy producer;
20        (6) the FutureGen Project provides an opportunity for
21    the State of Illinois to partner with the Federal
22    Department of Energy and the FutureGen Alliance in the
23    development of these innovative clean-coal technologies;
24        (7) the FutureGen Project will make the State of
25    Illinois a center for developing and refining clean coal
26    technology, hydrogen production and carbon capture and



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1    storage, and will result in the development of new
2    technologies designed to improve the efficiency of the
3    energy industry that will be replicated world wide;
4        (8) the FutureGen Project is an important coal
5    development and conversion project that will create jobs in
6    the State of Illinois during the construction and
7    operational phases, contribute to the overall economy of
8    the State of Illinois and help reinvigorate the Illinois
9    Basin coal industry; and
10        (9) the FutureGen Project and the property necessary
11    for the FutureGen Project serve a substantial public
12    purpose as its advanced clean-coal coal gasification,
13    electricity generation, hydrogen production, advanced
14    emissions control and carbon capture and storage
15    technologies will benefit the citizens of the State of
16    Illinois.
17(Source: P.A. 95-18, eff. 7-30-07.)
18    (20 ILCS 1107/15)
19    (Section scheduled to be repealed on December 31, 2010)
20    Sec. 15. Definitions. For the purposes of this Act:
21    "Agency" means the Illinois Environmental Protection
23    "Captured CO2" means CO2 and other trace chemical
24constituents approved by the Agency for injection into the
25Mount Simon Formation.



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1    "Carbon capture and storage" means the process of
2collecting captured CO2 capturing CO2 and other chemical
3constituents from coal combustion by-products for the purpose
4of injecting and storing the captured CO2 gas for permanent
6    "Carbon dioxide" or "CO2" means a colorless, odorless gas
7in the form of one carbon and 2 oxygen atoms that is the
8principal greenhouse gas.
9    "Department" means the Department of Commerce and Economic
11    "Director" means the Director of Commerce and Economic
13    "Federal Department" means the federal Department of
15    "FutureGen Alliance" is a 501(c)(3) non-profit consortium
16of coal and energy producers created to benefit the public
17interest and the interest of science through the research,
18development, and demonstration of near zero-emission coal
19technology, with the cooperation of the Federal Department
20that, as of the effective date of this Act, includes American
21Electric Power, Anglo American plc, BHP Billiton, E. ON US,
22China Huaneng Group, CONSOL Energy, Foundation Coal, Kennecott
23Energy, Peabody Energy, PPL Corporation, Rio Tinto Energy
24American, Southern Company, and Xstrata Coal.
25    "FutureGen Project" means the public-private partnership
26between the Federal Department and the FutureGen Alliance that



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1will control captured CO2 and will construct and operate a
2pipeline and storage field for captured CO2 coal-fueled power
3plant utilizing state-of-the-art clean-coal technology and
4carbon capture and storage. Two locations in Illinois, Tuscola
5and Mattoon, are under consideration for the FutureGen Project.
6These are the only locations eligible for benefits under this
8    "Mount Simon Formation" means the deep sandstone reservoir
9into which the sequestered CO2 gas is to be injected at a depth
10greater than 3,500 feet depths generally ranging between 5,500
11and 8,500 feet below ground surface and that is bounded by the
12granitic basement below and the Eau Claire Shale above.
13    "Operator" means the FutureGen Alliance and its member
14companies, including their parent companies, subsidiaries,
15affiliates, directors, officers, employees, and agents, or a
16not-for-profit successor-in-interest approved by the
18    "Post-injection" means after the captured CO2 gas has been
19successfully injected into the wellhead at the point at which
20the captured CO2 gas is transferred into the wellbore for
21carbon sequestration and storage into the Mount Simon
23    "Pre-injection" means all activities and occurrences prior
24to successful delivery into the wellhead at the point at which
25the captured CO2 gas is transferred into the wellbore for
26carbon sequestration and storage into the Mount Simon



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1Formation, including but not limited to, the operation of the
2FutureGen Project.
3    "Public liability" means any civil legal liability arising
4out of or resulting from the storage, escape, release, or
5migration of the post-injection sequestered CO2 gas that was
6injected by the Operator and for which title is transferred to
7the State pursuant to Section 20 of this Act during the
8operation of the FutureGen Project by the FutureGen Alliance.
9The term "public liability", however, does not include any
10legal liability arising out of or resulting from the
11construction, operation, or other pre-injection activity of
12the Operator or any other third party.
13    "Public liability action" or "action" means a written
14demand, lawsuit, or claim from any third party received by the
15Operator seeking a remedy or alleging liability on behalf of
16Operator resulting from any public liability.
17    "Sequestered CO2 gas" means the captured CO2 and other
18chemical constituents from the FutureGen Project operations
19that is are injected into the Mount Simon Formation by the
21(Source: P.A. 95-18, eff. 7-30-07.)
22    (20 ILCS 1107/998)
23    (Section scheduled to be repealed on December 31, 2010)
24    Sec. 998. Repeal. This Act is repealed on March 1, 2011
25December 31, 2010 unless the FutureGen Project has been located



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1at either the Mattoon or Tuscola site in Illinois.
2(Source: P.A. 95-18, eff. 7-30-07.)
3    Section 99. Effective date. This Act takes effect upon
4becoming law.".