SB3549enr 100TH GENERAL ASSEMBLY

  
  
  

 


 
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1    AN ACT concerning regulation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 1. Short title. This Act may be cited as the
5Illinois Underground Natural Gas Storage Safety Act.
 
6    Section 5. Definitions. As used in this Act, unless the
7context otherwise requires:
8    "Commission" means the Illinois Commerce Commission.
9    "Contaminant" means gas, salt water, or any other
10deleterious substance released from an underground natural gas
11storage facility.
12    "Department" means the Department of Natural Resources.
13    "Director" means the Director of Natural Resources.
14    "Downhole" means the portion of the underground natural gas
15storage facility from the first flange attaching the wellhead
16to the pipeline equipment and continuing down the well casing
17to and including the storage reservoir.
18    "Federal Act" has the meaning given to that term in the
19Illinois Gas Pipeline Safety Act.
20    "Gas" means natural gas.
21    "Notice of probable violation" means a written notice,
22satisfying the criteria set forth in Section 35, given by the
23underground natural gas storage safety manager to a person who

 

 

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1operates an underground natural gas storage facility that
2identifies a failure of such person to comply with the
3provisions of this Act or the provisions of 49 U.S.C. Chapter
4601 concerning underground natural gas storage facilities, or
5any Department order or rule issued under this Act, and may
6include recommendations for a penalty in connection therewith,
7subject to the terms of this Act.
8    "Person" means an individual, firm, joint venture,
9partnership, corporation, company, limited liability company,
10firm, association, municipality, cooperative association, or
11joint stock association. "Person" includes a trustee,
12receiver, assignee, or personal representative thereof.
13    "Underground natural gas storage facility" means a gas
14pipeline facility that stores natural gas in an underground
15facility, including a depleted hydrocarbon reservoir, an
16aquifer reservoir, and a solution-mined salt cavern reservoir.
17    "Underground natural gas storage safety manager" means the
18manager of the Department's Underground Natural Gas Storage
19Safety Program or other staff of the Department assigned to
20underground natural gas storage safety issues.
 
21    Section 10. Minimum safety standards.
22    (a) As soon as practicable, but not later than 3 months
23after the effective date of this Act, the Department shall
24adopt rules establishing minimum safety standards for
25underground natural gas storage facilities. Such rules shall be

 

 

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1at least as inclusive, stringent, and compatible with the
2minimum safety standards adopted by the Secretary of
3Transportation under 49 U.S.C. 60141. Thereafter, the
4Department shall maintain such rules so that the rules are at
5least as inclusive, stringent, and compatible with the minimum
6standards from time to time in effect under 49 U.S.C. 60141.
7    (b) Standards established under this Section may apply to
8the design, installation, inspection, testing, construction,
9extension, operation, replacement, and maintenance of
10underground natural gas storage facilities. In accordance with
1149 U.S.C. 60104(b), standards affecting the design,
12installation, construction, initial inspection, and initial
13testing are not applicable to underground natural gas storage
14facilities in existence on the date the standards are adopted.
15If the Department finds that a facility is hazardous to life or
16property, it may require the person operating the facility to
17take the steps necessary to remove the hazard.
18    (c) Standards established by the Department under this Act
19shall, subject to subsections (a) and (b), be practicable and
20designed to meet the need for underground natural gas storage
21facility safety. In prescribing the standards, the Department
22shall consider 49 U.S.C. 60141(b).
 
23    Section 15. Waiver. Subject to 49 U.S.C. 60118(d), the
24Department may, upon application by any person operating an
25underground natural gas storage facility, waive in whole or in

 

 

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1part compliance with any standard established under this Act if
2it determines that such a waiver is consistent with the safety
3of underground natural gas storage facilities.
 
4    Section 20. Inspection and maintenance plan. A person who
5operates an underground natural gas storage facility shall file
6with the Department a plan for inspection and maintenance of
7the downhole portion of each underground natural gas storage
8facility owned or operated by the person, as well as any
9changes in the plan, in accordance with rules prescribed by the
10Department. The Department may, by rule, also require the
11person to file the plan for approval. If the Department finds,
12at any time, that the plan is inadequate to achieve safe
13operation, the Department shall, after notice and opportunity
14for a hearing, require the plan to be revised. The plan
15required by the Department under this Section must be
16practicable and designed to meet the need for the safety of
17underground natural gas storage facilities. In determining the
18adequacy of a plan, the Department shall consider: (i) relevant
19available underground natural gas storage facility safety
20data; (ii) whether the plan is appropriate for the particular
21type of facility; (iii) the reasonableness of the plan; and
22(iv) the extent to which the plan will contribute to public
23safety.
 
24    Section 25. Requirements; underground natural gas storage

 

 

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1facility operation. A person who operates an underground
2natural gas storage facility shall: (1) after the date any
3applicable safety standard established under this Act takes
4effect, comply with the requirements of such standard at all
5times; (2) file and comply with the plan of inspection and
6maintenance required by Section 20; (3) keep records, make
7reports, provide information, and permit inspection of its
8books, records, and facilities as the Department reasonably
9requires to ensure compliance with this Act and the rules
10established under this Act; and (4) file with the Department,
11under rules adopted by the Department, reports of all accidents
12involving or related to the downhole portion of an underground
13natural gas storage facility.
 
14    Section 30. Penalties; action for penalties; Department
15approval of penalties.
16    (a) A person who violates Section 25 or any rule or order
17issued under this Act is subject to a civil penalty not to
18exceed the maximum penalties established by 49 U.S.C.
1960122(a)(1) for each day the violation persists.
20    (b) Any civil penalty may be compromised by the Department
21or, subject to this Act, by the underground natural gas storage
22safety manager. In determining the amount of the penalty, the
23Department shall consider the standards set forth in 49 U.S.C.
2460122(b). The final amount of the penalty or the amount agreed
25upon in the compromise shall be paid or deducted from any sums

 

 

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1owing by the State of Illinois to the person charged under the
2terms and conditions of the notice of probable violation, the
3agreed compromise, or the Department order, whichever applies,
4or may be recovered in a civil action in accordance with
5subsection (c). Unless specifically stated otherwise in the
6terms and conditions of a compromise agreement, a compromise of
7a penalty recommended in a notice of probable violation by the
8person charged shall not be an admission of liability.
9    (c) Actions to recover penalties under this Act shall be
10brought in the name of the People of the State of Illinois in
11the circuit court in and for the county where the cause or part
12of the cause arose, where the Department has a principal place
13of business, where the corporation complained of, if any, has
14its principal place of business, or where the person, if any,
15complained of resides. All penalties recovered by the State in
16an action shall be paid to the Underground Resources
17Conservation Enforcement Fund. The action shall be commenced
18and prosecuted to final judgment by the Attorney General on
19behalf of the Department. In all such actions, the procedure
20and rules of evidence shall comply with the Civil Practice Law
21and other rules of court governing civil trials.
22    (d) The Department may proceed under Section 11 of the
23Illinois Oil and Gas Act, either by mandamus or injunction, to
24secure compliance with its rules and orders issued under this
25Act.
26    (e) A person penalized under this Section is not subject to

 

 

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1any other penalty provided in the Illinois Oil and Gas Act for
2the same action.
3    (f) If a penalty recommended by the underground natural gas
4storage safety manager is paid by the person charged in the
5applicable notice of probable violation in accordance with
6subsection (b), or in accordance with the terms and conditions
7of a compromise agreed upon by the person and the underground
8natural gas storage safety manager, then the underground
9natural gas storage safety manager shall report to, and request
10the approval of, the Director for each payment of a recommended
11penalty or agreed compromise, whichever applies, and shall also
12post the report on the Department's website as a public
13document. If the report and request for approval is made to the
14Director, the Director shall have the power, and is hereby
15given the authority, either upon the complaint or upon her or
16his own motion, after reasonable notice has been given within
1745 days after the report and request for approval was made, to
18enter a hearing concerning the propriety of the applicable
19notice of probable violation, payment, or compromise. If the
20Director does not exercise this power within the 45-day period,
21the payment or agreed compromise referenced in the report shall
22be approved by the Director by operation of law at the
23expiration of the 45-day period and the notice of probable
24violation and related investigation shall be closed.
 
25    Section 35. Notice of probable violation; Department

 

 

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1hearing.
2    (a) As used in this Section, "violation" means a failure to
3comply with any provision of this Act or any Department order
4or rule issued under this Act.
5    (b) After investigation and determination of a probable
6violation, the underground natural gas storage safety manager
7may issue a notice of probable violation. The notice of
8probable violation shall be considered served when sent by
9first class mail to the person or permittee at his or her last
10known address or by electronic mail in a manner prescribed by
11rules adopted by the Department under this Act. Any notice of
12probable violation issued and served as described in this
13subsection may also be posted on the Department's website as a
14public document.
15    (c) A notice of probable violation shall include, at a
16minimum, the following: (1) the date the notice of probable
17violation was issued and served; (2) a description of the
18violation or violations alleged; (3) the date and location of
19the safety incident, if applicable, related to each alleged
20violation; (4) a detailed description of the circumstances that
21support the determination of each proposed violation; (5) a
22detailed description of the corrective action required with
23respect to each proposed violation; (6) the amount of the
24penalty, if any, recommended with respect to each proposed
25violation; (7) the applicable recommended deadline for payment
26of each proposed penalty and for completion of each proposed

 

 

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1corrective action; (8) notification that any such recommended
2deadline may be extended by mutual agreement of the parties for
3the purpose of facilitating settlement or compromise; and (9) a
4brief description of the procedures by which any recommended
5penalty or proposed corrective action may be challenged at the
6Department or approved pursuant to subsection (f) of Section
730.
8    (d) Payment in full of each of the recommended penalties
9and full completion of each of the proposed corrective actions,
10as identified in the notice of probable violation and in
11accordance with the terms and conditions described in the
12notice of probable violation including, without limitation,
13the respective recommended deadlines described in the notice of
14probable violation for the payment or completion, shall
15constitute a final resolution of the notice of probable
16violation, subject to the approval by the Director of the
17recommended penalty and payment in accordance with subsection
18(f) of Section 30.
19    (e) The person charged in the applicable notice of probable
20violation shall have 30 days from the date of service of the
21notice of probable violation to request a hearing. The filing
22of a request for a hearing shall not operate as a stay of the
23notice of probable violation.
24    After receipt of a request, the Department shall provide
25the person with an opportunity for a formal hearing after
26giving a notice of not less than 5 days. The hearing shall be

 

 

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1conducted by the Director or anyone designated by him or her
2for that purpose and shall be located and conducted in
3accordance with the rules adopted by the Department. Failure of
4the person or permittee to timely request a hearing or, if a
5civil penalty has been assessed, to timely tender the assessed
6civil penalty shall constitute a waiver of all legal rights to
7contest the notice of probable violation, including the amount
8of any civil penalty. Within 30 days after the close of the
9hearing record or expiration of the time to request a hearing,
10the Department shall issue a final administrative order.
 
11    Section 40. Application; the Illinois Oil and Gas Act.
12Except as otherwise provided in this Act, the Illinois Oil and
13Gas Act applies to underground natural gas storage facilities
14and to persons operating underground natural gas storage
15facilities.
 
16    Section 45. Annual certification and report. The
17Department shall prepare and file with the Secretary of
18Transportation the initial and annual certification and report
19required by 49 U.S.C. 60105(a).
 
20    Section 50. Federal moneys. The Department may apply for,
21accept, receive, and receipt for federal moneys for the State
22given by the federal government under the Federal Act for any
23purpose within the authority of the Department. The Department

 

 

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1may also act as an agent for an agency or officer of the
2federal government for any purpose that is otherwise within the
3authority of the Department, and the Department may enter into
4agreements for that purpose with the agency or officer.
 
5    Section 55. Jurisdiction.
6    (a) The Department and the Commission shall work
7cooperatively with each other and with other entities in the
8federal and State governments to ensure that the policies
9embodied in the Federal Act, the Illinois Gas Pipeline Safety
10Act, this Act, the Illinois Oil and Gas Act, the Public
11Utilities Act, and the rules adopted thereunder are fully
12effectuated. The Department and the Commission shall take steps
13to avoid the duplication of efforts while at the same time
14ensuring that all regulatory obligations are fulfilled. As long
15as the Department submits to the Secretary of Transportation
16annually the certification described in 49 U.S.C. 60105(a), and
17the certification is not rejected under 49 U.S.C. 60105(f), the
18Department shall have jurisdiction over the downhole portion of
19underground natural gas storage facilities subject to this Act.
20The Commission shall retain jurisdiction over all other
21portions of the underground natural gas storage facilities.
22    (b) Nothing contained in this Act is intended, nor shall it
23be construed, to limit or diminish the authority of the
24Department under the Illinois Oil and Gas Act or the Commission
25under the Public Utilities Act.
 

 

 

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1    Section 60. Saving clause. If any provision, clause, or
2phrase of this Act or the application thereof to any person or
3circumstances is held invalid, such invalidity shall not affect
4other provisions or application of this Act that can be given
5effect without the invalid provision or application and to this
6end provisions of this Act are declared to be separable.
 
7    Section 65. Department authority; enforcement. The
8Department shall have the authority to adopt reasonable rules
9as may be necessary from time to time in the proper
10administration and enforcement of this Act.
 
11    Section 900. The Illinois Administrative Procedure Act is
12amended by changing Section 5-45 as follows:
 
13    (5 ILCS 100/5-45)  (from Ch. 127, par. 1005-45)
14    Sec. 5-45. Emergency rulemaking.
15    (a) "Emergency" means the existence of any situation that
16any agency finds reasonably constitutes a threat to the public
17interest, safety, or welfare.
18    (b) If any agency finds that an emergency exists that
19requires adoption of a rule upon fewer days than is required by
20Section 5-40 and states in writing its reasons for that
21finding, the agency may adopt an emergency rule without prior
22notice or hearing upon filing a notice of emergency rulemaking

 

 

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1with the Secretary of State under Section 5-70. The notice
2shall include the text of the emergency rule and shall be
3published in the Illinois Register. Consent orders or other
4court orders adopting settlements negotiated by an agency may
5be adopted under this Section. Subject to applicable
6constitutional or statutory provisions, an emergency rule
7becomes effective immediately upon filing under Section 5-65 or
8at a stated date less than 10 days thereafter. The agency's
9finding and a statement of the specific reasons for the finding
10shall be filed with the rule. The agency shall take reasonable
11and appropriate measures to make emergency rules known to the
12persons who may be affected by them.
13    (c) An emergency rule may be effective for a period of not
14longer than 150 days, but the agency's authority to adopt an
15identical rule under Section 5-40 is not precluded. No
16emergency rule may be adopted more than once in any 24-month
17period, except that this limitation on the number of emergency
18rules that may be adopted in a 24-month period does not apply
19to (i) emergency rules that make additions to and deletions
20from the Drug Manual under Section 5-5.16 of the Illinois
21Public Aid Code or the generic drug formulary under Section
223.14 of the Illinois Food, Drug and Cosmetic Act, (ii)
23emergency rules adopted by the Pollution Control Board before
24July 1, 1997 to implement portions of the Livestock Management
25Facilities Act, (iii) emergency rules adopted by the Illinois
26Department of Public Health under subsections (a) through (i)

 

 

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1of Section 2 of the Department of Public Health Act when
2necessary to protect the public's health, (iv) emergency rules
3adopted pursuant to subsection (n) of this Section, (v)
4emergency rules adopted pursuant to subsection (o) of this
5Section, or (vi) emergency rules adopted pursuant to subsection
6(c-5) of this Section. Two or more emergency rules having
7substantially the same purpose and effect shall be deemed to be
8a single rule for purposes of this Section.
9    (c-5) To facilitate the maintenance of the program of group
10health benefits provided to annuitants, survivors, and retired
11employees under the State Employees Group Insurance Act of
121971, rules to alter the contributions to be paid by the State,
13annuitants, survivors, retired employees, or any combination
14of those entities, for that program of group health benefits,
15shall be adopted as emergency rules. The adoption of those
16rules shall be considered an emergency and necessary for the
17public interest, safety, and welfare.
18    (d) In order to provide for the expeditious and timely
19implementation of the State's fiscal year 1999 budget,
20emergency rules to implement any provision of Public Act 90-587
21or 90-588 or any other budget initiative for fiscal year 1999
22may be adopted in accordance with this Section by the agency
23charged with administering that provision or initiative,
24except that the 24-month limitation on the adoption of
25emergency rules and the provisions of Sections 5-115 and 5-125
26do not apply to rules adopted under this subsection (d). The

 

 

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1adoption of emergency rules authorized by this subsection (d)
2shall be deemed to be necessary for the public interest,
3safety, and welfare.
4    (e) In order to provide for the expeditious and timely
5implementation of the State's fiscal year 2000 budget,
6emergency rules to implement any provision of Public Act 91-24
7or any other budget initiative for fiscal year 2000 may be
8adopted in accordance with this Section by the agency charged
9with administering that provision or initiative, except that
10the 24-month limitation on the adoption of emergency rules and
11the provisions of Sections 5-115 and 5-125 do not apply to
12rules adopted under this subsection (e). The adoption of
13emergency rules authorized by this subsection (e) shall be
14deemed to be necessary for the public interest, safety, and
15welfare.
16    (f) In order to provide for the expeditious and timely
17implementation of the State's fiscal year 2001 budget,
18emergency rules to implement any provision of Public Act 91-712
19or any other budget initiative for fiscal year 2001 may be
20adopted in accordance with this Section by the agency charged
21with administering that provision or initiative, except that
22the 24-month limitation on the adoption of emergency rules and
23the provisions of Sections 5-115 and 5-125 do not apply to
24rules adopted under this subsection (f). The adoption of
25emergency rules authorized by this subsection (f) shall be
26deemed to be necessary for the public interest, safety, and

 

 

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1welfare.
2    (g) In order to provide for the expeditious and timely
3implementation of the State's fiscal year 2002 budget,
4emergency rules to implement any provision of Public Act 92-10
5or any other budget initiative for fiscal year 2002 may be
6adopted in accordance with this Section by the agency charged
7with administering that provision or initiative, except that
8the 24-month limitation on the adoption of emergency rules and
9the provisions of Sections 5-115 and 5-125 do not apply to
10rules adopted under this subsection (g). The adoption of
11emergency rules authorized by this subsection (g) shall be
12deemed to be necessary for the public interest, safety, and
13welfare.
14    (h) In order to provide for the expeditious and timely
15implementation of the State's fiscal year 2003 budget,
16emergency rules to implement any provision of Public Act 92-597
17or any other budget initiative for fiscal year 2003 may be
18adopted in accordance with this Section by the agency charged
19with administering that provision or initiative, except that
20the 24-month limitation on the adoption of emergency rules and
21the provisions of Sections 5-115 and 5-125 do not apply to
22rules adopted under this subsection (h). The adoption of
23emergency rules authorized by this subsection (h) shall be
24deemed to be necessary for the public interest, safety, and
25welfare.
26    (i) In order to provide for the expeditious and timely

 

 

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1implementation of the State's fiscal year 2004 budget,
2emergency rules to implement any provision of Public Act 93-20
3or any other budget initiative for fiscal year 2004 may be
4adopted in accordance with this Section by the agency charged
5with administering that provision or initiative, except that
6the 24-month limitation on the adoption of emergency rules and
7the provisions of Sections 5-115 and 5-125 do not apply to
8rules adopted under this subsection (i). The adoption of
9emergency rules authorized by this subsection (i) shall be
10deemed to be necessary for the public interest, safety, and
11welfare.
12    (j) In order to provide for the expeditious and timely
13implementation of the provisions of the State's fiscal year
142005 budget as provided under the Fiscal Year 2005 Budget
15Implementation (Human Services) Act, emergency rules to
16implement any provision of the Fiscal Year 2005 Budget
17Implementation (Human Services) Act may be adopted in
18accordance with this Section by the agency charged with
19administering that provision, except that the 24-month
20limitation on the adoption of emergency rules and the
21provisions of Sections 5-115 and 5-125 do not apply to rules
22adopted under this subsection (j). The Department of Public Aid
23may also adopt rules under this subsection (j) necessary to
24administer the Illinois Public Aid Code and the Children's
25Health Insurance Program Act. The adoption of emergency rules
26authorized by this subsection (j) shall be deemed to be

 

 

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1necessary for the public interest, safety, and welfare.
2    (k) In order to provide for the expeditious and timely
3implementation of the provisions of the State's fiscal year
42006 budget, emergency rules to implement any provision of
5Public Act 94-48 or any other budget initiative for fiscal year
62006 may be adopted in accordance with this Section by the
7agency charged with administering that provision or
8initiative, except that the 24-month limitation on the adoption
9of emergency rules and the provisions of Sections 5-115 and
105-125 do not apply to rules adopted under this subsection (k).
11The Department of Healthcare and Family Services may also adopt
12rules under this subsection (k) necessary to administer the
13Illinois Public Aid Code, the Senior Citizens and Persons with
14Disabilities Property Tax Relief Act, the Senior Citizens and
15Disabled Persons Prescription Drug Discount Program Act (now
16the Illinois Prescription Drug Discount Program Act), and the
17Children's Health Insurance Program Act. The adoption of
18emergency rules authorized by this subsection (k) shall be
19deemed to be necessary for the public interest, safety, and
20welfare.
21    (l) In order to provide for the expeditious and timely
22implementation of the provisions of the State's fiscal year
232007 budget, the Department of Healthcare and Family Services
24may adopt emergency rules during fiscal year 2007, including
25rules effective July 1, 2007, in accordance with this
26subsection to the extent necessary to administer the

 

 

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1Department's responsibilities with respect to amendments to
2the State plans and Illinois waivers approved by the federal
3Centers for Medicare and Medicaid Services necessitated by the
4requirements of Title XIX and Title XXI of the federal Social
5Security Act. The adoption of emergency rules authorized by
6this subsection (l) shall be deemed to be necessary for the
7public interest, safety, and welfare.
8    (m) In order to provide for the expeditious and timely
9implementation of the provisions of the State's fiscal year
102008 budget, the Department of Healthcare and Family Services
11may adopt emergency rules during fiscal year 2008, including
12rules effective July 1, 2008, in accordance with this
13subsection to the extent necessary to administer the
14Department's responsibilities with respect to amendments to
15the State plans and Illinois waivers approved by the federal
16Centers for Medicare and Medicaid Services necessitated by the
17requirements of Title XIX and Title XXI of the federal Social
18Security Act. The adoption of emergency rules authorized by
19this subsection (m) shall be deemed to be necessary for the
20public interest, safety, and welfare.
21    (n) In order to provide for the expeditious and timely
22implementation of the provisions of the State's fiscal year
232010 budget, emergency rules to implement any provision of
24Public Act 96-45 or any other budget initiative authorized by
25the 96th General Assembly for fiscal year 2010 may be adopted
26in accordance with this Section by the agency charged with

 

 

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1administering that provision or initiative. The adoption of
2emergency rules authorized by this subsection (n) shall be
3deemed to be necessary for the public interest, safety, and
4welfare. The rulemaking authority granted in this subsection
5(n) shall apply only to rules promulgated during Fiscal Year
62010.
7    (o) In order to provide for the expeditious and timely
8implementation of the provisions of the State's fiscal year
92011 budget, emergency rules to implement any provision of
10Public Act 96-958 or any other budget initiative authorized by
11the 96th General Assembly for fiscal year 2011 may be adopted
12in accordance with this Section by the agency charged with
13administering that provision or initiative. The adoption of
14emergency rules authorized by this subsection (o) is deemed to
15be necessary for the public interest, safety, and welfare. The
16rulemaking authority granted in this subsection (o) applies
17only to rules promulgated on or after July 1, 2010 (the
18effective date of Public Act 96-958) through June 30, 2011.
19    (p) In order to provide for the expeditious and timely
20implementation of the provisions of Public Act 97-689,
21emergency rules to implement any provision of Public Act 97-689
22may be adopted in accordance with this subsection (p) by the
23agency charged with administering that provision or
24initiative. The 150-day limitation of the effective period of
25emergency rules does not apply to rules adopted under this
26subsection (p), and the effective period may continue through

 

 

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1June 30, 2013. The 24-month limitation on the adoption of
2emergency rules does not apply to rules adopted under this
3subsection (p). The adoption of emergency rules authorized by
4this subsection (p) is deemed to be necessary for the public
5interest, safety, and welfare.
6    (q) In order to provide for the expeditious and timely
7implementation of the provisions of Articles 7, 8, 9, 11, and
812 of Public Act 98-104, emergency rules to implement any
9provision of Articles 7, 8, 9, 11, and 12 of Public Act 98-104
10may be adopted in accordance with this subsection (q) by the
11agency charged with administering that provision or
12initiative. The 24-month limitation on the adoption of
13emergency rules does not apply to rules adopted under this
14subsection (q). The adoption of emergency rules authorized by
15this subsection (q) is deemed to be necessary for the public
16interest, safety, and welfare.
17    (r) In order to provide for the expeditious and timely
18implementation of the provisions of Public Act 98-651,
19emergency rules to implement Public Act 98-651 may be adopted
20in accordance with this subsection (r) by the Department of
21Healthcare and Family Services. The 24-month limitation on the
22adoption of emergency rules does not apply to rules adopted
23under this subsection (r). The adoption of emergency rules
24authorized by this subsection (r) is deemed to be necessary for
25the public interest, safety, and welfare.
26    (s) In order to provide for the expeditious and timely

 

 

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1implementation of the provisions of Sections 5-5b.1 and 5A-2 of
2the Illinois Public Aid Code, emergency rules to implement any
3provision of Section 5-5b.1 or Section 5A-2 of the Illinois
4Public Aid Code may be adopted in accordance with this
5subsection (s) by the Department of Healthcare and Family
6Services. The rulemaking authority granted in this subsection
7(s) shall apply only to those rules adopted prior to July 1,
82015. Notwithstanding any other provision of this Section, any
9emergency rule adopted under this subsection (s) shall only
10apply to payments made for State fiscal year 2015. The adoption
11of emergency rules authorized by this subsection (s) is deemed
12to be necessary for the public interest, safety, and welfare.
13    (t) In order to provide for the expeditious and timely
14implementation of the provisions of Article II of Public Act
1599-6, emergency rules to implement the changes made by Article
16II of Public Act 99-6 to the Emergency Telephone System Act may
17be adopted in accordance with this subsection (t) by the
18Department of State Police. The rulemaking authority granted in
19this subsection (t) shall apply only to those rules adopted
20prior to July 1, 2016. The 24-month limitation on the adoption
21of emergency rules does not apply to rules adopted under this
22subsection (t). The adoption of emergency rules authorized by
23this subsection (t) is deemed to be necessary for the public
24interest, safety, and welfare.
25    (u) In order to provide for the expeditious and timely
26implementation of the provisions of the Burn Victims Relief

 

 

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1Act, emergency rules to implement any provision of the Act may
2be adopted in accordance with this subsection (u) by the
3Department of Insurance. The rulemaking authority granted in
4this subsection (u) shall apply only to those rules adopted
5prior to December 31, 2015. The adoption of emergency rules
6authorized by this subsection (u) is deemed to be necessary for
7the public interest, safety, and welfare.
8    (v) In order to provide for the expeditious and timely
9implementation of the provisions of Public Act 99-516,
10emergency rules to implement Public Act 99-516 may be adopted
11in accordance with this subsection (v) by the Department of
12Healthcare and Family Services. The 24-month limitation on the
13adoption of emergency rules does not apply to rules adopted
14under this subsection (v). The adoption of emergency rules
15authorized by this subsection (v) is deemed to be necessary for
16the public interest, safety, and welfare.
17    (w) In order to provide for the expeditious and timely
18implementation of the provisions of Public Act 99-796,
19emergency rules to implement the changes made by Public Act
2099-796 may be adopted in accordance with this subsection (w) by
21the Adjutant General. The adoption of emergency rules
22authorized by this subsection (w) is deemed to be necessary for
23the public interest, safety, and welfare.
24    (x) In order to provide for the expeditious and timely
25implementation of the provisions of Public Act 99-906,
26emergency rules to implement subsection (i) of Section 16-115D,

 

 

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1subsection (g) of Section 16-128A, and subsection (a) of
2Section 16-128B of the Public Utilities Act may be adopted in
3accordance with this subsection (x) by the Illinois Commerce
4Commission. The rulemaking authority granted in this
5subsection (x) shall apply only to those rules adopted within
6180 days after June 1, 2017 (the effective date of Public Act
799-906). The adoption of emergency rules authorized by this
8subsection (x) is deemed to be necessary for the public
9interest, safety, and welfare.
10    (y) In order to provide for the expeditious and timely
11implementation of the provisions of Public Act 100-23 this
12amendatory Act of the 100th General Assembly, emergency rules
13to implement the changes made by Public Act 100-23 this
14amendatory Act of the 100th General Assembly to Section 4.02 of
15the Illinois Act on the Aging, Sections 5.5.4 and 5-5.4i of the
16Illinois Public Aid Code, Section 55-30 of the Alcoholism and
17Other Drug Abuse and Dependency Act, and Sections 74 and 75 of
18the Mental Health and Developmental Disabilities
19Administrative Act may be adopted in accordance with this
20subsection (y) by the respective Department. The adoption of
21emergency rules authorized by this subsection (y) is deemed to
22be necessary for the public interest, safety, and welfare.
23    (z) In order to provide for the expeditious and timely
24implementation of the provisions of Public Act 100-554 this
25amendatory Act of the 100th General Assembly, emergency rules
26to implement the changes made by Public Act 100-554 this

 

 

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1amendatory Act of the 100th General Assembly to Section 4.7 of
2the Lobbyist Registration Act may be adopted in accordance with
3this subsection (z) by the Secretary of State. The adoption of
4emergency rules authorized by this subsection (z) is deemed to
5be necessary for the public interest, safety, and welfare.
6    (aa) In order to provide for the expeditious and timely
7initial implementation of the changes made to Articles 5, 5A,
812, and 14 of the Illinois Public Aid Code under the provisions
9of Public Act 100-581 this amendatory Act of the 100th General
10Assembly, the Department of Healthcare and Family Services may
11adopt emergency rules in accordance with this subsection (aa).
12The 24-month limitation on the adoption of emergency rules does
13not apply to rules to initially implement the changes made to
14Articles 5, 5A, 12, and 14 of the Illinois Public Aid Code
15adopted under this subsection (aa). The adoption of emergency
16rules authorized by this subsection (aa) is deemed to be
17necessary for the public interest, safety, and welfare.
18    (bb) In order to provide for the expeditious and timely
19implementation of the provisions of Public Act 100-587 this
20amendatory Act of the 100th General Assembly, emergency rules
21to implement the changes made by Public Act 100-587 this
22amendatory Act of the 100th General Assembly to Section 4.02 of
23the Illinois Act on the Aging, Sections 5.5.4 and 5-5.4i of the
24Illinois Public Aid Code, subsection (b) of Section 55-30 of
25the Alcoholism and Other Drug Abuse and Dependency Act, Section
265-104 of the Specialized Mental Health Rehabilitation Act of

 

 

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12013, and Section 75 and subsection (b) of Section 74 of the
2Mental Health and Developmental Disabilities Administrative
3Act may be adopted in accordance with this subsection (bb) by
4the respective Department. The adoption of emergency rules
5authorized by this subsection (bb) is deemed to be necessary
6for the public interest, safety, and welfare.
7    (cc) (bb) In order to provide for the expeditious and
8timely implementation of the provisions of Public Act 100-587
9this amendatory Act of the 100th General Assembly, emergency
10rules may be adopted in accordance with this subsection (cc)
11(bb) to implement the changes made by Public Act 100-587 this
12amendatory Act of the 100th General Assembly to: Sections
1314-147.5 and 14-147.6 of the Illinois Pension Code by the Board
14created under Article 14 of the Code; Sections 15-185.5 and
1515-185.6 of the Illinois Pension Code by the Board created
16under Article 15 of the Code; and Sections 16-190.5 and
1716-190.6 of the Illinois Pension Code by the Board created
18under Article 16 of the Code. The adoption of emergency rules
19authorized by this subsection (cc) (bb) is deemed to be
20necessary for the public interest, safety, and welfare.
21    (dd) (aa) In order to provide for the expeditious and
22timely implementation of the provisions of Public Act 100-864
23this amendatory Act of the 100th General Assembly, emergency
24rules to implement the changes made by Public Act 100-864 this
25amendatory Act of the 100th General Assembly to Section 3.35 of
26the Newborn Metabolic Screening Act may be adopted in

 

 

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1accordance with this subsection (dd) (aa) by the Secretary of
2State. The adoption of emergency rules authorized by this
3subsection (dd) (aa) is deemed to be necessary for the public
4interest, safety, and welfare.
5    (ee) In order to provide for the expeditious and timely
6implementation of the provisions of this amendatory Act of the
7100th General Assembly, emergency rules implementing the
8Illinois Underground Natural Gas Storage Safety Act may be
9adopted in accordance with this subsection by the Department of
10Natural Resources. The adoption of emergency rules authorized
11by this subsection is deemed to be necessary for the public
12interest, safety, and welfare.
13(Source: P.A. 99-2, eff. 3-26-15; 99-6, eff. 1-1-16; 99-143,
14eff. 7-27-15; 99-455, eff. 1-1-16; 99-516, eff. 6-30-16;
1599-642, eff. 7-28-16; 99-796, eff. 1-1-17; 99-906, eff. 6-1-17;
16100-23, eff. 7-6-17; 100-554, eff. 11-16-17; 100-581, eff.
173-12-18; 100-587, Article 95, Section 95-5, eff. 6-4-18;
18100-587, Article 110, Section 110-5, eff. 6-4-18; 100-864, eff.
198-14-18; revised 10-18-18.)
 
20    Section 905. The Illinois Gas Pipeline Safety Act is
21amended by changing Sections 2.01, 2.07, 2.08, 3, 4, 9, and 11
22and by adding Sections 2.10, 2.11, and 2.12 as follows:
 
23    (220 ILCS 20/2.01)  (from Ch. 111 2/3, par. 552.1)
24    Sec. 2.01. "Person" means any individual, firm, joint

 

 

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1venture, partnership, corporation, company, limited liability
2company, firm, association, municipality, cooperative
3association, or joint stock association, and includes any
4trustee, receiver, assignee or personal representative
5thereof.
6(Source: P.A. 76-1588.)
 
7    (220 ILCS 20/2.07)  (from Ch. 111 2/3, par. 552.7)
8    Sec. 2.07. "Federal Act" means 49 U.S.C. Chapter 601. This
9amendatory Act of the 100th General Assembly is intended to
10reflect numbering and citation changes to the United States
11Code occurring on or after the effective date of this
12amendatory Act of the 100th General Assembly the "Natural Gas
13Pipeline Safety Act of 1968".
14(Source: P.A. 76-1588.)
 
15    (220 ILCS 20/2.08)
16    Sec. 2.08. Notice of probable violation. "Notice of
17probable violation" or "NOPV" means a written notice,
18satisfying the criteria set forth in Section 7.5 of this Act,
19given by the pipeline safety manager to a person who engages in
20the transportation of gas or who owns or operates pipeline
21facilities that identifies a failure of such person to comply
22with the provisions of this Act, the Federal Act federal
23Natural Gas Pipeline Safety Act of 1968, or any Commission
24order or rule issued under this Act and may recommend a penalty

 

 

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1in connection therewith, subject to the terms of this Act.
2(Source: P.A. 98-526, eff. 8-23-13.)
 
3    (220 ILCS 20/2.10 new)
4    Sec. 2.10. Department. "Department" means the Department
5of Natural Resources.
 
6    (220 ILCS 20/2.11 new)
7    Sec. 2.11. Downhole. "Downhole" means the portion of the
8underground natural gas storage facility from the first flange
9attaching the wellhead to the pipeline equipment and continuing
10down the well casing to and including the storage reservoir.
 
11    (220 ILCS 20/2.12 new)
12    Sec. 2.12. Underground natural gas storage facility.
13"Underground natural gas storage facility" means a gas pipeline
14facility that stores natural gas in an underground facility,
15including a depleted hydrocarbon reservoir, an aquifer
16reservoir, and a solution-mined salt cavern reservoir.
 
17    (220 ILCS 20/3)  (from Ch. 111 2/3, par. 553)
18    Sec. 3. (a) As soon as practicable, but not later than 3
19months after the effective date of this Act, the Commission
20shall adopt rules establishing minimum safety standards for the
21transportation of gas and for pipeline facilities. Such rules
22shall be at least as inclusive, as stringent, and compatible

 

 

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1with, the minimum safety standards adopted by the Secretary of
2Transportation under the Federal Act. Thereafter, the
3Commission shall maintain such rules so that the rules are at
4least as inclusive, as stringent, and compatible with, the
5minimum standards from time to time in effect under the Federal
6Act. Notwithstanding the generality of the foregoing, the
7Commission shall not adopt or enforce standards governing
8downhole portions of an underground natural gas storage
9facility, as long as the Department submits to the Secretary of
10Transportation annually the certification described in 49
11U.S.C. 60105(a) and the certification is not rejected under 49
12U.S.C. 60105(f). The Commission and the Department shall work
13cooperatively with each other and with other entities in the
14federal and State governments to ensure that the policies
15embodied in the Federal Act, the Illinois Underground Natural
16Gas Storage Safety Act, this Act, the Illinois Oil and Gas Act,
17the Public Utilities Act, and the rules adopted thereunder, are
18fully effectuated. The Commission and the Department shall take
19steps to avoid the duplication of efforts while at the same
20time ensuring that all regulatory obligations are fulfilled. As
21long as the Department submits to the Secretary of
22Transportation annually the certification described in 49
23U.S.C. 60105(a) and the certification is not rejected under 49
24U.S.C. 60105(f), the Department shall have jurisdiction over
25the downhole portion of underground natural gas storage
26facilities subject to this Act. The Commission shall retain

 

 

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1jurisdiction over all other portions of the underground natural
2gas storage facilities.
3    (b) Standards established under this Act may apply to the
4design, installation, inspection, testing, construction,
5extension, operation, replacement, and maintenance of pipeline
6facilities. Standards affecting the design, installation,
7construction, initial inspection and initial testing are not
8applicable to pipeline facilities in existence on the date such
9standards are adopted. Whenever the Commission finds a
10particular facility to be hazardous to life or property, it may
11require the person operating such facility to take the steps
12necessary to remove the hazard.
13    (c) Standards established by the Commission under this Act
14shall, subject to paragraphs (a) and (b) of this Section 3, be
15practicable and designed to meet the need for pipeline safety.
16In prescribing such standards, the Commission shall consider:
17similar standards established in other states; relevant
18available pipeline safety data; whether such standards are
19appropriate for the particular type of pipeline
20transportation; the reasonableness of any proposed standards;
21and the extent to which such standards will contribute to
22public safety.
23    Rules adopted under this Act are subject to "The Illinois
24Administrative Procedure Act", approved September 22, 1975, as
25amended.
26(Source: P.A. 97-96, eff. 7-13-11; 97-239, eff. 8-2-11; 97-906,

 

 

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1eff. 8-7-12.)
 
2    (220 ILCS 20/4)  (from Ch. 111 2/3, par. 554)
3    Sec. 4. Subject to 49 U.S.C. 60118(d) Section 3, paragraph
4(e) of the Federal Act, the Commission may, upon application by
5any person engaged in the transportation of gas or the
6operation of pipeline facilities, waive in whole or in part,
7compliance with any standard established under this Act, if it
8determines that such a waiver is not inconsistent with gas
9pipeline safety.
10(Source: P.A. 76-1588.)
 
11    (220 ILCS 20/9)  (from Ch. 111 2/3, par. 559)
12    Sec. 9. The Commission shall prepare and file with the
13Secretary of Transportation the initial and annual
14certification and report required by 49 U.S.C. 60105(a) Section
155, paragraph (a) of the Federal Act.
16(Source: P.A. 76-1588.)
 
17    (220 ILCS 20/11)  (from Ch. 111 2/3, par. 561)
18    Sec. 11. Nothing contained in this Act is intended, nor
19shall it be construed, to limit or diminish the authority of
20the Commission under the Public Utilities Act or the Department
21under the Illinois Oil and Gas Act "An Act concerning public
22utilities", approved June 29, 1921, as amended.
23(Source: P.A. 76-1588; revised 10-19-18.)
 

 

 

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1    Section 999. Effective date. This Act takes effect upon
2becoming law.