Illinois General Assembly - Full Text of SB0678
Illinois General Assembly

Previous General Assemblies

Full Text of SB0678  96th General Assembly



SB0678 EnrolledLRB096 06735 DRJ 16819 b

1    AN ACT concerning regulation.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
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7    (Section scheduled to be repealed on December 31, 2010)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
17the FutureGen Alliance with adequate liability protection and
18permitting certainty to facilitate the siting of the FutureGen
19Project in the State of Illinois, to provide to the State of
20Illinois certain financial benefits from environmental
21attributes for the Project, and to help secure over $1 billion
22in federal funding for the Project.
23(Source: P.A. 95-18, eff. 7-30-07.)



SB0678 Enrolled- 2 -LRB096 06735 DRJ 16819 b

1    (20 ILCS 1107/10)
2    (Section scheduled to be repealed on December 31, 2010)
3    Sec. 10. Legislative findings. The General Assembly finds
4and determines that:
5        (1) human-induced greenhouse gas emissions have been
6    identified as contributing to global warming, the effects
7    of which pose a threat to public health and safety and the
8    economy of the State of Illinois;
9        (2) in order to meet the energy needs of the State of
10    Illinois, keep its economy strong and protect the
11    environment while reducing its contribution to
12    human-induced greenhouse gas emissions, the State of
13    Illinois must be a leader in developing new low-carbon
14    technologies;
15        (3) carbon capture and storage is a low-carbon
16    technology that involves capturing the captured CO2 carbon
17    dioxide from fossil fuel energy electric and hydrogen
18    generating units and other industrial facilities and
19    injecting it into secure geologic strata for permanent
20    storage;
21        (4) the FutureGen Project is a public-private
22    partnership between the Federal Department of Energy and
23    the FutureGen Alliance that proposes to use this new
24    technology as part of a plan to transport and store
25    captured CO2 from a coal-fueled power plant that uses as



SB0678 Enrolled- 3 -LRB096 06735 DRJ 16819 b

1    its primary fuel source high-volatile bituminous rank coal
2    with greater than 1.7 pounds of sulfur per million btu
3    content and other captured CO2 sources that are approved by
4    the appropriate State of Illinois agency and permitted in
5    the State of Illinois build and operate a near zero
6    emission coal fueled power plant;
7        (5) the FutureGen Project will help ensure the
8    long-term viability of Illinois Basin coal as a major
9    energy source in the State of Illinois and throughout the
10    nation and represents a significant step in the State of
11    Illinois' efforts to become a self-sufficient, clean
12    energy producer;
13        (6) the FutureGen Project provides an opportunity for
14    the State of Illinois to partner with the Federal
15    Department of Energy and the FutureGen Alliance in the
16    development of these innovative clean-coal technologies;
17        (7) the FutureGen Project will make the State of
18    Illinois a center for developing and refining clean coal
19    technology, hydrogen production and carbon capture and
20    storage, and will result in the development of new
21    technologies designed to improve the efficiency of the
22    energy industry that will be replicated world wide;
23        (8) the FutureGen Project is an important coal
24    development and conversion project that will create jobs in
25    the State of Illinois during the construction and
26    operational phases, contribute to the overall economy of



SB0678 Enrolled- 4 -LRB096 06735 DRJ 16819 b

1    the State of Illinois and help reinvigorate the Illinois
2    Basin coal industry; and
3        (9) the FutureGen Project and the property necessary
4    for the FutureGen Project serve a substantial public
5    purpose as its advanced clean-coal coal gasification,
6    electricity generation, hydrogen production, advanced
7    emissions control and carbon capture and storage
8    technologies will benefit the citizens of the State of
9    Illinois.
10(Source: P.A. 95-18, eff. 7-30-07.)
11    (20 ILCS 1107/15)
12    (Section scheduled to be repealed on December 31, 2010)
13    Sec. 15. Definitions. For the purposes of this Act:
14    "Agency" means the Illinois Environmental Protection
16    "Captured CO2" means CO2 and other trace chemical
17constituents approved by the Agency for injection into the
18Mount Simon Formation.
19    "Carbon capture and storage" means the process of
20collecting captured CO2 capturing CO2 and other chemical
21constituents from coal combustion by-products for the purpose
22of injecting and storing the captured CO2 gas for permanent
24    "Carbon dioxide" or "CO2" means a colorless, odorless gas
25in the form of one carbon and 2 oxygen atoms that is the



SB0678 Enrolled- 5 -LRB096 06735 DRJ 16819 b

1principal greenhouse gas.
2    "Department" means the Department of Commerce and Economic
4    "Director" means the Director of Commerce and Economic
6    "Federal Department" means the federal Department of
8    "FutureGen Alliance" is a 501(c)(3) non-profit consortium
9of coal and energy producers created to benefit the public
10interest and the interest of science through the research,
11development, and demonstration of near zero-emission coal
12technology, with the cooperation of the Federal Department
13that, as of the effective date of this Act, includes American
14Electric Power, Anglo American plc, BHP Billiton, E. ON US,
15China Huaneng Group, CONSOL Energy, Foundation Coal, Kennecott
16Energy, Peabody Energy, PPL Corporation, Rio Tinto Energy
17American, Southern Company, and Xstrata Coal.
18    "FutureGen Project" means the public-private partnership
19between the Federal Department and the FutureGen Alliance that
20will control captured CO2 and will construct and operate a
21pipeline and storage field for captured CO2 coal-fueled power
22plant utilizing state-of-the-art clean-coal technology and
23carbon capture and storage. Two locations in Illinois, Tuscola
24and Mattoon, are under consideration for the FutureGen Project.
25These are the only locations eligible for benefits under this



SB0678 Enrolled- 6 -LRB096 06735 DRJ 16819 b

1    "Mount Simon Formation" means the deep sandstone reservoir
2into which the sequestered CO2 gas is to be injected at a depth
3greater than 3,500 feet depths generally ranging between 5,500
4and 8,500 feet below ground surface and that is bounded by the
5granitic basement below and the Eau Claire Shale above.
6    "Operator" means the FutureGen Alliance and its member
7companies, including their parent companies, subsidiaries,
8affiliates, directors, officers, employees, and agents, or a
9not-for-profit successor-in-interest approved by the
11    "Post-injection" means after the captured CO2 gas has been
12successfully injected into the wellhead at the point at which
13the captured CO2 gas is transferred into the wellbore for
14carbon sequestration and storage into the Mount Simon
16    "Pre-injection" means all activities and occurrences prior
17to successful delivery into the wellhead at the point at which
18the captured CO2 gas is transferred into the wellbore for
19carbon sequestration and storage into the Mount Simon
20Formation, including but not limited to, the operation of the
21FutureGen Project.
22    "Public liability" means any civil legal liability arising
23out of or resulting from the storage, escape, release, or
24migration of the post-injection sequestered CO2 gas that was
25injected by the Operator and for which title is transferred to
26the State pursuant to Section 20 of this Act during the



SB0678 Enrolled- 7 -LRB096 06735 DRJ 16819 b

1operation of the FutureGen Project by the FutureGen Alliance.
2The term "public liability", however, does not include any
3legal liability arising out of or resulting from the
4construction, operation, or other pre-injection activity of
5the Operator or any other third party.
6    "Public liability action" or "action" means a written
7demand, lawsuit, or claim from any third party received by the
8Operator seeking a remedy or alleging liability on behalf of
9Operator resulting from any public liability.
10    "Sequestered CO2 gas" means the captured CO2 and other
11chemical constituents from the FutureGen Project operations
12that is are injected into the Mount Simon Formation by the
14(Source: P.A. 95-18, eff. 7-30-07.)
15    (20 ILCS 1107/998)
16    (Section scheduled to be repealed on December 31, 2010)
17    Sec. 998. Repeal. This Act is repealed on March 1, 2011
18December 31, 2010 unless the FutureGen Project has been located
19at either the Mattoon or Tuscola site in Illinois.
20(Source: P.A. 95-18, eff. 7-30-07.)
21    Section 99. Effective date. This Act takes effect upon
22becoming law.