Full Text of SB0678 96th General Assembly
SB0678ham001 96TH GENERAL ASSEMBLY | Environment & Energy Committee Filed: 11/30/2010
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| 1 | | AMENDMENT TO SENATE BILL 678
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 678, by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Clean Coal FutureGen for Illinois Act is | 5 | | amended by changing Sections 5, 10, 15, and 998 as follows: | 6 | | (20 ILCS 1107/5) | 7 | | (Section scheduled to be repealed on December 31, 2010)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 | 9 | | a first-of-a-kind research project to permanently sequester | 10 | | underground captured CO2 carbon-dioxide emissions from : (1) a | 11 | | coal-fueled power plant that uses as its primary fuel source | 12 | | high volatile bituminous rank coal with greater than 1.7 pounds | 13 | | of sulfur per million btu content or (2) other approved and | 14 | | permitted captured CO2 sources in the State of Illinois , and | 15 | | that such a project would have benefits to the economy and | 16 | | environment of Illinois, the purpose of this Act is to provide |
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| 1 | | the FutureGen Alliance with adequate liability protection and | 2 | | permitting certainty to facilitate the siting of the FutureGen | 3 | | Project in the State of Illinois , to provide to the State of | 4 | | Illinois certain financial benefits from environmental | 5 | | attributes for the Project, and to help secure over $1 billion | 6 | | in 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 | 8 | | (20 ILCS 1107/10) | 9 | | (Section scheduled to be repealed on December 31, 2010)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 | 11 | | and 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 | 22 | | Agency. | 23 | | "Captured CO2" means CO2 and other trace chemical | 24 | | constituents approved by the Agency for injection into the | 25 | | Mount Simon Formation. |
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| 1 | | "Carbon capture and storage" means the process of | 2 | | collecting captured CO2 capturing CO2 and other chemical | 3 | | constituents from coal combustion by-products for the purpose | 4 | | of injecting and storing the captured CO2 gas for permanent | 5 | | storage. | 6 | | "Carbon dioxide" or "CO2" means a colorless, odorless gas | 7 | | in the form of one carbon and 2 oxygen atoms that is the | 8 | | principal greenhouse gas. | 9 | | "Department" means the Department of Commerce and Economic | 10 | | Opportunity. | 11 | | "Director" means the Director of Commerce and Economic | 12 | | Opportunity. | 13 | | "Federal Department" means the federal Department of | 14 | | Energy. | 15 | | "FutureGen Alliance" is a 501(c)(3) non-profit consortium | 16 | | of coal and energy producers created to benefit the public | 17 | | interest and the interest of science through the research, | 18 | | development, and demonstration of near zero-emission coal | 19 | | technology, with the cooperation of the Federal Department | 20 | | that, as of the effective date of this Act, includes American | 21 | | Electric Power, Anglo American plc, BHP Billiton, E. ON US, | 22 | | China Huaneng Group, CONSOL Energy, Foundation Coal, Kennecott | 23 | | Energy, Peabody Energy, PPL Corporation, Rio Tinto Energy | 24 | | American, Southern Company, and Xstrata Coal . | 25 | | "FutureGen Project" means the public-private partnership | 26 | | between the Federal Department and the FutureGen Alliance that |
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| 1 | | will control captured CO2 and will construct and operate a | 2 | | pipeline and storage field for captured CO2 coal-fueled power | 3 | | plant utilizing state-of-the-art clean-coal technology and | 4 | | carbon capture and storage. Two locations in Illinois, Tuscola | 5 | | and Mattoon, are under consideration for the FutureGen Project. | 6 | | These are the only locations eligible for benefits under this | 7 | | Act . | 8 | | "Mount Simon Formation" means the deep sandstone reservoir | 9 | | into which the sequestered CO2 gas is to be injected at a depth | 10 | | greater than 3,500 feet depths generally ranging between 5,500 | 11 | | and 8,500 feet below ground surface and that is bounded by the | 12 | | granitic basement below and the Eau Claire Shale above. | 13 | | "Operator" means the FutureGen Alliance and its member | 14 | | companies, including their parent companies, subsidiaries, | 15 | | affiliates, directors, officers, employees, and agents , or a | 16 | | not-for-profit successor-in-interest approved by the | 17 | | Department . | 18 | | "Post-injection" means after the captured CO2 gas has been | 19 | | successfully injected into the wellhead at the point at which | 20 | | the captured CO2 gas is transferred into the wellbore for | 21 | | carbon sequestration and storage into the Mount Simon | 22 | | Formation. | 23 | | "Pre-injection" means all activities and occurrences prior | 24 | | to successful delivery into the wellhead at the point at which | 25 | | the captured CO2 gas is transferred into the wellbore for | 26 | | carbon sequestration and storage into the Mount Simon |
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| 1 | | Formation, including but not limited to, the operation of the | 2 | | FutureGen Project. | 3 | | "Public liability" means any civil legal liability arising | 4 | | out of or resulting from the storage, escape, release, or | 5 | | migration of the post-injection sequestered CO2 gas that was | 6 | | injected by the Operator and for which title is transferred to | 7 | | the State pursuant to Section 20 of this Act during the | 8 | | operation of the FutureGen Project by the FutureGen Alliance . | 9 | | The term "public liability", however, does not include any | 10 | | legal liability arising out of or resulting from the | 11 | | construction, operation, or other pre-injection activity of | 12 | | the Operator or any other third party . | 13 | | "Public liability action" or "action" means a written | 14 | | demand, lawsuit, or claim from any third party received by the | 15 | | Operator seeking a remedy or alleging liability on behalf of | 16 | | Operator resulting from any public liability. | 17 | | "Sequestered CO2 gas " means the captured CO2 and other | 18 | | chemical constituents from the FutureGen Project operations | 19 | | that is are injected into the Mount Simon Formation by the | 20 | | Operator .
| 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 | 25 | | December 31, 2010 unless the FutureGen Project has been located |
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| 1 | | at 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 | 4 | | becoming law.".
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