Public Act 096-1491
 
SB0678 EnrolledLRB096 06735 DRJ 16819 b

    AN ACT concerning regulation.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Clean Coal FutureGen for Illinois Act is
amended by changing Sections 5, 10, 15, and 998 as follows:
 
    (20 ILCS 1107/5)
    (Section scheduled to be repealed on December 31, 2010)
    Sec. 5. Purpose. Recognizing that the FutureGen Project is
a first-of-a-kind research project to permanently sequester
underground captured CO2 carbon-dioxide emissions from: (1) a
coal-fueled power plant that uses as its primary fuel source
high volatile bituminous rank coal with greater than 1.7 pounds
of sulfur per million btu content or (2) other approved and
permitted captured CO2 sources in the State of Illinois, and
that such a project would have benefits to the economy and
environment of Illinois, the purpose of this Act is to provide
the FutureGen Alliance with adequate liability protection and
permitting certainty to facilitate the siting of the FutureGen
Project in the State of Illinois, to provide to the State of
Illinois certain financial benefits from environmental
attributes for the Project, and to help secure over $1 billion
in federal funding for the Project.
(Source: P.A. 95-18, eff. 7-30-07.)
 
    (20 ILCS 1107/10)
    (Section scheduled to be repealed on December 31, 2010)
    Sec. 10. Legislative findings. The General Assembly finds
and determines that:
        (1) human-induced greenhouse gas emissions have been
    identified as contributing to global warming, the effects
    of which pose a threat to public health and safety and the
    economy of the State of Illinois;
        (2) in order to meet the energy needs of the State of
    Illinois, keep its economy strong and protect the
    environment while reducing its contribution to
    human-induced greenhouse gas emissions, the State of
    Illinois must be a leader in developing new low-carbon
    technologies;
        (3) carbon capture and storage is a low-carbon
    technology that involves capturing the captured CO2 carbon
    dioxide from fossil fuel energy electric and hydrogen
    generating units and other industrial facilities and
    injecting it into secure geologic strata for permanent
    storage;
        (4) the FutureGen Project is a public-private
    partnership between the Federal Department of Energy and
    the FutureGen Alliance that proposes to use this new
    technology as part of a plan to transport and store
    captured CO2 from a coal-fueled power plant that uses as
    its primary fuel source high-volatile bituminous rank coal
    with greater than 1.7 pounds of sulfur per million btu
    content and other captured CO2 sources that are approved by
    the appropriate State of Illinois agency and permitted in
    the State of Illinois build and operate a near zero
    emission coal fueled power plant;
        (5) the FutureGen Project will help ensure the
    long-term viability of Illinois Basin coal as a major
    energy source in the State of Illinois and throughout the
    nation and represents a significant step in the State of
    Illinois' efforts to become a self-sufficient, clean
    energy producer;
        (6) the FutureGen Project provides an opportunity for
    the State of Illinois to partner with the Federal
    Department of Energy and the FutureGen Alliance in the
    development of these innovative clean-coal technologies;
        (7) the FutureGen Project will make the State of
    Illinois a center for developing and refining clean coal
    technology, hydrogen production and carbon capture and
    storage, and will result in the development of new
    technologies designed to improve the efficiency of the
    energy industry that will be replicated world wide;
        (8) the FutureGen Project is an important coal
    development and conversion project that will create jobs in
    the State of Illinois during the construction and
    operational phases, contribute to the overall economy of
    the State of Illinois and help reinvigorate the Illinois
    Basin coal industry; and
        (9) the FutureGen Project and the property necessary
    for the FutureGen Project serve a substantial public
    purpose as its advanced clean-coal coal gasification,
    electricity generation, hydrogen production, advanced
    emissions control and carbon capture and storage
    technologies will benefit the citizens of the State of
    Illinois.
(Source: P.A. 95-18, eff. 7-30-07.)
 
    (20 ILCS 1107/15)
    (Section scheduled to be repealed on December 31, 2010)
    Sec. 15. Definitions. For the purposes of this Act:
    "Agency" means the Illinois Environmental Protection
Agency.
    "Captured CO2" means CO2 and other trace chemical
constituents approved by the Agency for injection into the
Mount Simon Formation.
    "Carbon capture and storage" means the process of
collecting captured CO2 capturing CO2 and other chemical
constituents from coal combustion by-products for the purpose
of injecting and storing the captured CO2 gas for permanent
storage.
    "Carbon dioxide" or "CO2" means a colorless, odorless gas
in the form of one carbon and 2 oxygen atoms that is the
principal greenhouse gas.
    "Department" means the Department of Commerce and Economic
Opportunity.
    "Director" means the Director of Commerce and Economic
Opportunity.
    "Federal Department" means the federal Department of
Energy.
    "FutureGen Alliance" is a 501(c)(3) non-profit consortium
of coal and energy producers created to benefit the public
interest and the interest of science through the research,
development, and demonstration of near zero-emission coal
technology, with the cooperation of the Federal Department
that, as of the effective date of this Act, includes American
Electric Power, Anglo American plc, BHP Billiton, E. ON US,
China Huaneng Group, CONSOL Energy, Foundation Coal, Kennecott
Energy, Peabody Energy, PPL Corporation, Rio Tinto Energy
American, Southern Company, and Xstrata Coal.
    "FutureGen Project" means the public-private partnership
between the Federal Department and the FutureGen Alliance that
will control captured CO2 and will construct and operate a
pipeline and storage field for captured CO2 coal-fueled power
plant utilizing state-of-the-art clean-coal technology and
carbon capture and storage. Two locations in Illinois, Tuscola
and Mattoon, are under consideration for the FutureGen Project.
These are the only locations eligible for benefits under this
Act.
    "Mount Simon Formation" means the deep sandstone reservoir
into which the sequestered CO2 gas is to be injected at a depth
greater than 3,500 feet depths generally ranging between 5,500
and 8,500 feet below ground surface and that is bounded by the
granitic basement below and the Eau Claire Shale above.
    "Operator" means the FutureGen Alliance and its member
companies, including their parent companies, subsidiaries,
affiliates, directors, officers, employees, and agents, or a
not-for-profit successor-in-interest approved by the
Department.
    "Post-injection" means after the captured CO2 gas has been
successfully injected into the wellhead at the point at which
the captured CO2 gas is transferred into the wellbore for
carbon sequestration and storage into the Mount Simon
Formation.
    "Pre-injection" means all activities and occurrences prior
to successful delivery into the wellhead at the point at which
the captured CO2 gas is transferred into the wellbore for
carbon sequestration and storage into the Mount Simon
Formation, including but not limited to, the operation of the
FutureGen Project.
    "Public liability" means any civil legal liability arising
out of or resulting from the storage, escape, release, or
migration of the post-injection sequestered CO2 gas that was
injected by the Operator and for which title is transferred to
the State pursuant to Section 20 of this Act during the
operation of the FutureGen Project by the FutureGen Alliance.
The term "public liability", however, does not include any
legal liability arising out of or resulting from the
construction, operation, or other pre-injection activity of
the Operator or any other third party.
    "Public liability action" or "action" means a written
demand, lawsuit, or claim from any third party received by the
Operator seeking a remedy or alleging liability on behalf of
Operator resulting from any public liability.
    "Sequestered CO2 gas" means the captured CO2 and other
chemical constituents from the FutureGen Project operations
that is are injected into the Mount Simon Formation by the
Operator.
(Source: P.A. 95-18, eff. 7-30-07.)
 
    (20 ILCS 1107/998)
    (Section scheduled to be repealed on December 31, 2010)
    Sec. 998. Repeal. This Act is repealed on March 1, 2011
December 31, 2010 unless the FutureGen Project has been located
at either the Mattoon or Tuscola site in Illinois.
(Source: P.A. 95-18, eff. 7-30-07.)
 
    Section 99. Effective date. This Act takes effect upon
becoming law.