Public Act 100-1172
 
SB3549 EnrolledLRB100 19788 XWW 35063 b

    AN ACT concerning regulation.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 1. Short title. This Act may be cited as the
Illinois Underground Natural Gas Storage Safety Act.
 
    Section 5. Definitions. As used in this Act, unless the
context otherwise requires:
    "Commission" means the Illinois Commerce Commission.
    "Contaminant" means gas, salt water, or any other
deleterious substance released from an underground natural gas
storage facility.
    "Department" means the Department of Natural Resources.
    "Director" means the Director of Natural Resources.
    "Downhole" means the portion of the underground natural gas
storage facility from the first flange attaching the wellhead
to the pipeline equipment and continuing down the well casing
to and including the storage reservoir.
    "Federal Act" has the meaning given to that term in the
Illinois Gas Pipeline Safety Act.
    "Gas" means natural gas.
    "Notice of probable violation" means a written notice,
satisfying the criteria set forth in Section 35, given by the
underground natural gas storage safety manager to a person who
operates an underground natural gas storage facility that
identifies a failure of such person to comply with the
provisions of this Act or the provisions of 49 U.S.C. Chapter
601 concerning underground natural gas storage facilities, or
any Department order or rule issued under this Act, and may
include recommendations for a penalty in connection therewith,
subject to the terms of this Act.
    "Person" means an individual, firm, joint venture,
partnership, corporation, company, limited liability company,
firm, association, municipality, cooperative association, or
joint stock association. "Person" includes a trustee,
receiver, assignee, or personal representative thereof.
    "Underground natural gas storage facility" means a gas
pipeline facility that stores natural gas in an underground
facility, including a depleted hydrocarbon reservoir, an
aquifer reservoir, and a solution-mined salt cavern reservoir.
    "Underground natural gas storage safety manager" means the
manager of the Department's Underground Natural Gas Storage
Safety Program or other staff of the Department assigned to
underground natural gas storage safety issues.
 
    Section 10. Minimum safety standards.
    (a) As soon as practicable, but not later than 3 months
after the effective date of this Act, the Department shall
adopt rules establishing minimum safety standards for
underground natural gas storage facilities. Such rules shall be
at least as inclusive, stringent, and compatible with the
minimum safety standards adopted by the Secretary of
Transportation under 49 U.S.C. 60141. Thereafter, the
Department shall maintain such rules so that the rules are at
least as inclusive, stringent, and compatible with the minimum
standards from time to time in effect under 49 U.S.C. 60141.
    (b) Standards established under this Section may apply to
the design, installation, inspection, testing, construction,
extension, operation, replacement, and maintenance of
underground natural gas storage facilities. In accordance with
49 U.S.C. 60104(b), standards affecting the design,
installation, construction, initial inspection, and initial
testing are not applicable to underground natural gas storage
facilities in existence on the date the standards are adopted.
If the Department finds that a facility is hazardous to life or
property, it may require the person operating the facility to
take the steps necessary to remove the hazard.
    (c) Standards established by the Department under this Act
shall, subject to subsections (a) and (b), be practicable and
designed to meet the need for underground natural gas storage
facility safety. In prescribing the standards, the Department
shall consider 49 U.S.C. 60141(b).
 
    Section 15. Waiver. Subject to 49 U.S.C. 60118(d), the
Department may, upon application by any person operating an
underground natural gas storage facility, waive in whole or in
part compliance with any standard established under this Act if
it determines that such a waiver is consistent with the safety
of underground natural gas storage facilities.
 
    Section 20. Inspection and maintenance plan. A person who
operates an underground natural gas storage facility shall file
with the Department a plan for inspection and maintenance of
the downhole portion of each underground natural gas storage
facility owned or operated by the person, as well as any
changes in the plan, in accordance with rules prescribed by the
Department. The Department may, by rule, also require the
person to file the plan for approval. If the Department finds,
at any time, that the plan is inadequate to achieve safe
operation, the Department shall, after notice and opportunity
for a hearing, require the plan to be revised. The plan
required by the Department under this Section must be
practicable and designed to meet the need for the safety of
underground natural gas storage facilities. In determining the
adequacy of a plan, the Department shall consider: (i) relevant
available underground natural gas storage facility safety
data; (ii) whether the plan is appropriate for the particular
type of facility; (iii) the reasonableness of the plan; and
(iv) the extent to which the plan will contribute to public
safety.
 
    Section 25. Requirements; underground natural gas storage
facility operation. A person who operates an underground
natural gas storage facility shall: (1) after the date any
applicable safety standard established under this Act takes
effect, comply with the requirements of such standard at all
times; (2) file and comply with the plan of inspection and
maintenance required by Section 20; (3) keep records, make
reports, provide information, and permit inspection of its
books, records, and facilities as the Department reasonably
requires to ensure compliance with this Act and the rules
established under this Act; and (4) file with the Department,
under rules adopted by the Department, reports of all accidents
involving or related to the downhole portion of an underground
natural gas storage facility.
 
    Section 30. Penalties; action for penalties; Department
approval of penalties.
    (a) A person who violates Section 25 or any rule or order
issued under this Act is subject to a civil penalty not to
exceed the maximum penalties established by 49 U.S.C.
60122(a)(1) for each day the violation persists.
    (b) Any civil penalty may be compromised by the Department
or, subject to this Act, by the underground natural gas storage
safety manager. In determining the amount of the penalty, the
Department shall consider the standards set forth in 49 U.S.C.
60122(b). The final amount of the penalty or the amount agreed
upon in the compromise shall be paid or deducted from any sums
owing by the State of Illinois to the person charged under the
terms and conditions of the notice of probable violation, the
agreed compromise, or the Department order, whichever applies,
or may be recovered in a civil action in accordance with
subsection (c). Unless specifically stated otherwise in the
terms and conditions of a compromise agreement, a compromise of
a penalty recommended in a notice of probable violation by the
person charged shall not be an admission of liability.
    (c) Actions to recover penalties under this Act shall be
brought in the name of the People of the State of Illinois in
the circuit court in and for the county where the cause or part
of the cause arose, where the Department has a principal place
of business, where the corporation complained of, if any, has
its principal place of business, or where the person, if any,
complained of resides. All penalties recovered by the State in
an action shall be paid to the Underground Resources
Conservation Enforcement Fund. The action shall be commenced
and prosecuted to final judgment by the Attorney General on
behalf of the Department. In all such actions, the procedure
and rules of evidence shall comply with the Civil Practice Law
and other rules of court governing civil trials.
    (d) The Department may proceed under Section 11 of the
Illinois Oil and Gas Act, either by mandamus or injunction, to
secure compliance with its rules and orders issued under this
Act.
    (e) A person penalized under this Section is not subject to
any other penalty provided in the Illinois Oil and Gas Act for
the same action.
    (f) If a penalty recommended by the underground natural gas
storage safety manager is paid by the person charged in the
applicable notice of probable violation in accordance with
subsection (b), or in accordance with the terms and conditions
of a compromise agreed upon by the person and the underground
natural gas storage safety manager, then the underground
natural gas storage safety manager shall report to, and request
the approval of, the Director for each payment of a recommended
penalty or agreed compromise, whichever applies, and shall also
post the report on the Department's website as a public
document. If the report and request for approval is made to the
Director, the Director shall have the power, and is hereby
given the authority, either upon the complaint or upon her or
his own motion, after reasonable notice has been given within
45 days after the report and request for approval was made, to
enter a hearing concerning the propriety of the applicable
notice of probable violation, payment, or compromise. If the
Director does not exercise this power within the 45-day period,
the payment or agreed compromise referenced in the report shall
be approved by the Director by operation of law at the
expiration of the 45-day period and the notice of probable
violation and related investigation shall be closed.
 
    Section 35. Notice of probable violation; Department
hearing.
    (a) As used in this Section, "violation" means a failure to
comply with any provision of this Act or any Department order
or rule issued under this Act.
    (b) After investigation and determination of a probable
violation, the underground natural gas storage safety manager
may issue a notice of probable violation. The notice of
probable violation shall be considered served when sent by
first class mail to the person or permittee at his or her last
known address or by electronic mail in a manner prescribed by
rules adopted by the Department under this Act. Any notice of
probable violation issued and served as described in this
subsection may also be posted on the Department's website as a
public document.
    (c) A notice of probable violation shall include, at a
minimum, the following: (1) the date the notice of probable
violation was issued and served; (2) a description of the
violation or violations alleged; (3) the date and location of
the safety incident, if applicable, related to each alleged
violation; (4) a detailed description of the circumstances that
support the determination of each proposed violation; (5) a
detailed description of the corrective action required with
respect to each proposed violation; (6) the amount of the
penalty, if any, recommended with respect to each proposed
violation; (7) the applicable recommended deadline for payment
of each proposed penalty and for completion of each proposed
corrective action; (8) notification that any such recommended
deadline may be extended by mutual agreement of the parties for
the purpose of facilitating settlement or compromise; and (9) a
brief description of the procedures by which any recommended
penalty or proposed corrective action may be challenged at the
Department or approved pursuant to subsection (f) of Section
30.
    (d) Payment in full of each of the recommended penalties
and full completion of each of the proposed corrective actions,
as identified in the notice of probable violation and in
accordance with the terms and conditions described in the
notice of probable violation including, without limitation,
the respective recommended deadlines described in the notice of
probable violation for the payment or completion, shall
constitute a final resolution of the notice of probable
violation, subject to the approval by the Director of the
recommended penalty and payment in accordance with subsection
(f) of Section 30.
    (e) The person charged in the applicable notice of probable
violation shall have 30 days from the date of service of the
notice of probable violation to request a hearing. The filing
of a request for a hearing shall not operate as a stay of the
notice of probable violation.
    After receipt of a request, the Department shall provide
the person with an opportunity for a formal hearing after
giving a notice of not less than 5 days. The hearing shall be
conducted by the Director or anyone designated by him or her
for that purpose and shall be located and conducted in
accordance with the rules adopted by the Department. Failure of
the person or permittee to timely request a hearing or, if a
civil penalty has been assessed, to timely tender the assessed
civil penalty shall constitute a waiver of all legal rights to
contest the notice of probable violation, including the amount
of any civil penalty. Within 30 days after the close of the
hearing record or expiration of the time to request a hearing,
the Department shall issue a final administrative order.
 
    Section 40. Application; the Illinois Oil and Gas Act.
Except as otherwise provided in this Act, the Illinois Oil and
Gas Act applies to underground natural gas storage facilities
and to persons operating underground natural gas storage
facilities.
 
    Section 45. Annual certification and report. The
Department shall prepare and file with the Secretary of
Transportation the initial and annual certification and report
required by 49 U.S.C. 60105(a).
 
    Section 50. Federal moneys. The Department may apply for,
accept, receive, and receipt for federal moneys for the State
given by the federal government under the Federal Act for any
purpose within the authority of the Department. The Department
may also act as an agent for an agency or officer of the
federal government for any purpose that is otherwise within the
authority of the Department, and the Department may enter into
agreements for that purpose with the agency or officer.
 
    Section 55. Jurisdiction.
    (a) The Department and the Commission shall work
cooperatively with each other and with other entities in the
federal and State governments to ensure that the policies
embodied in the Federal Act, the Illinois Gas Pipeline Safety
Act, this Act, the Illinois Oil and Gas Act, the Public
Utilities Act, and the rules adopted thereunder are fully
effectuated. The Department and the Commission shall take steps
to avoid the duplication of efforts while at the same time
ensuring that all regulatory obligations are fulfilled. As long
as the Department submits to the Secretary of Transportation
annually the certification described in 49 U.S.C. 60105(a), and
the certification is not rejected under 49 U.S.C. 60105(f), the
Department shall have jurisdiction over the downhole portion of
underground natural gas storage facilities subject to this Act.
The Commission shall retain jurisdiction over all other
portions of the underground natural gas storage facilities.
    (b) Nothing contained in this Act is intended, nor shall it
be construed, to limit or diminish the authority of the
Department under the Illinois Oil and Gas Act or the Commission
under the Public Utilities Act.
 
    Section 60. Saving clause. If any provision, clause, or
phrase of this Act or the application thereof to any person or
circumstances is held invalid, such invalidity shall not affect
other provisions or application of this Act that can be given
effect without the invalid provision or application and to this
end provisions of this Act are declared to be separable.
 
    Section 65. Department authority; enforcement. The
Department shall have the authority to adopt reasonable rules
as may be necessary from time to time in the proper
administration and enforcement of this Act.
 
    Section 900. The Illinois Administrative Procedure Act is
amended by changing Section 5-45 as follows:
 
    (5 ILCS 100/5-45)  (from Ch. 127, par. 1005-45)
    Sec. 5-45. Emergency rulemaking.
    (a) "Emergency" means the existence of any situation that
any agency finds reasonably constitutes a threat to the public
interest, safety, or welfare.
    (b) If any agency finds that an emergency exists that
requires adoption of a rule upon fewer days than is required by
Section 5-40 and states in writing its reasons for that
finding, the agency may adopt an emergency rule without prior
notice or hearing upon filing a notice of emergency rulemaking
with the Secretary of State under Section 5-70. The notice
shall include the text of the emergency rule and shall be
published in the Illinois Register. Consent orders or other
court orders adopting settlements negotiated by an agency may
be adopted under this Section. Subject to applicable
constitutional or statutory provisions, an emergency rule
becomes effective immediately upon filing under Section 5-65 or
at a stated date less than 10 days thereafter. The agency's
finding and a statement of the specific reasons for the finding
shall be filed with the rule. The agency shall take reasonable
and appropriate measures to make emergency rules known to the
persons who may be affected by them.
    (c) An emergency rule may be effective for a period of not
longer than 150 days, but the agency's authority to adopt an
identical rule under Section 5-40 is not precluded. No
emergency rule may be adopted more than once in any 24-month
period, except that this limitation on the number of emergency
rules that may be adopted in a 24-month period does not apply
to (i) emergency rules that make additions to and deletions
from the Drug Manual under Section 5-5.16 of the Illinois
Public Aid Code or the generic drug formulary under Section
3.14 of the Illinois Food, Drug and Cosmetic Act, (ii)
emergency rules adopted by the Pollution Control Board before
July 1, 1997 to implement portions of the Livestock Management
Facilities Act, (iii) emergency rules adopted by the Illinois
Department of Public Health under subsections (a) through (i)
of Section 2 of the Department of Public Health Act when
necessary to protect the public's health, (iv) emergency rules
adopted pursuant to subsection (n) of this Section, (v)
emergency rules adopted pursuant to subsection (o) of this
Section, or (vi) emergency rules adopted pursuant to subsection
(c-5) of this Section. Two or more emergency rules having
substantially the same purpose and effect shall be deemed to be
a single rule for purposes of this Section.
    (c-5) To facilitate the maintenance of the program of group
health benefits provided to annuitants, survivors, and retired
employees under the State Employees Group Insurance Act of
1971, rules to alter the contributions to be paid by the State,
annuitants, survivors, retired employees, or any combination
of those entities, for that program of group health benefits,
shall be adopted as emergency rules. The adoption of those
rules shall be considered an emergency and necessary for the
public interest, safety, and welfare.
    (d) In order to provide for the expeditious and timely
implementation of the State's fiscal year 1999 budget,
emergency rules to implement any provision of Public Act 90-587
or 90-588 or any other budget initiative for fiscal year 1999
may be adopted in accordance with this Section by the agency
charged with administering that provision or initiative,
except that the 24-month limitation on the adoption of
emergency rules and the provisions of Sections 5-115 and 5-125
do not apply to rules adopted under this subsection (d). The
adoption of emergency rules authorized by this subsection (d)
shall be deemed to be necessary for the public interest,
safety, and welfare.
    (e) In order to provide for the expeditious and timely
implementation of the State's fiscal year 2000 budget,
emergency rules to implement any provision of Public Act 91-24
or any other budget initiative for fiscal year 2000 may be
adopted in accordance with this Section by the agency charged
with administering that provision or initiative, except that
the 24-month limitation on the adoption of emergency rules and
the provisions of Sections 5-115 and 5-125 do not apply to
rules adopted under this subsection (e). The adoption of
emergency rules authorized by this subsection (e) shall be
deemed to be necessary for the public interest, safety, and
welfare.
    (f) In order to provide for the expeditious and timely
implementation of the State's fiscal year 2001 budget,
emergency rules to implement any provision of Public Act 91-712
or any other budget initiative for fiscal year 2001 may be
adopted in accordance with this Section by the agency charged
with administering that provision or initiative, except that
the 24-month limitation on the adoption of emergency rules and
the provisions of Sections 5-115 and 5-125 do not apply to
rules adopted under this subsection (f). The adoption of
emergency rules authorized by this subsection (f) shall be
deemed to be necessary for the public interest, safety, and
welfare.
    (g) In order to provide for the expeditious and timely
implementation of the State's fiscal year 2002 budget,
emergency rules to implement any provision of Public Act 92-10
or any other budget initiative for fiscal year 2002 may be
adopted in accordance with this Section by the agency charged
with administering that provision or initiative, except that
the 24-month limitation on the adoption of emergency rules and
the provisions of Sections 5-115 and 5-125 do not apply to
rules adopted under this subsection (g). The adoption of
emergency rules authorized by this subsection (g) shall be
deemed to be necessary for the public interest, safety, and
welfare.
    (h) In order to provide for the expeditious and timely
implementation of the State's fiscal year 2003 budget,
emergency rules to implement any provision of Public Act 92-597
or any other budget initiative for fiscal year 2003 may be
adopted in accordance with this Section by the agency charged
with administering that provision or initiative, except that
the 24-month limitation on the adoption of emergency rules and
the provisions of Sections 5-115 and 5-125 do not apply to
rules adopted under this subsection (h). The adoption of
emergency rules authorized by this subsection (h) shall be
deemed to be necessary for the public interest, safety, and
welfare.
    (i) In order to provide for the expeditious and timely
implementation of the State's fiscal year 2004 budget,
emergency rules to implement any provision of Public Act 93-20
or any other budget initiative for fiscal year 2004 may be
adopted in accordance with this Section by the agency charged
with administering that provision or initiative, except that
the 24-month limitation on the adoption of emergency rules and
the provisions of Sections 5-115 and 5-125 do not apply to
rules adopted under this subsection (i). The adoption of
emergency rules authorized by this subsection (i) shall be
deemed to be necessary for the public interest, safety, and
welfare.
    (j) In order to provide for the expeditious and timely
implementation of the provisions of the State's fiscal year
2005 budget as provided under the Fiscal Year 2005 Budget
Implementation (Human Services) Act, emergency rules to
implement any provision of the Fiscal Year 2005 Budget
Implementation (Human Services) Act may be adopted in
accordance with this Section by the agency charged with
administering that provision, except that the 24-month
limitation on the adoption of emergency rules and the
provisions of Sections 5-115 and 5-125 do not apply to rules
adopted under this subsection (j). The Department of Public Aid
may also adopt rules under this subsection (j) necessary to
administer the Illinois Public Aid Code and the Children's
Health Insurance Program Act. The adoption of emergency rules
authorized by this subsection (j) shall be deemed to be
necessary for the public interest, safety, and welfare.
    (k) In order to provide for the expeditious and timely
implementation of the provisions of the State's fiscal year
2006 budget, emergency rules to implement any provision of
Public Act 94-48 or any other budget initiative for fiscal year
2006 may be adopted in accordance with this Section by the
agency charged with administering that provision or
initiative, except that the 24-month limitation on the adoption
of emergency rules and the provisions of Sections 5-115 and
5-125 do not apply to rules adopted under this subsection (k).
The Department of Healthcare and Family Services may also adopt
rules under this subsection (k) necessary to administer the
Illinois Public Aid Code, the Senior Citizens and Persons with
Disabilities Property Tax Relief Act, the Senior Citizens and
Disabled Persons Prescription Drug Discount Program Act (now
the Illinois Prescription Drug Discount Program Act), and the
Children's Health Insurance Program Act. The adoption of
emergency rules authorized by this subsection (k) shall be
deemed to be necessary for the public interest, safety, and
welfare.
    (l) In order to provide for the expeditious and timely
implementation of the provisions of the State's fiscal year
2007 budget, the Department of Healthcare and Family Services
may adopt emergency rules during fiscal year 2007, including
rules effective July 1, 2007, in accordance with this
subsection to the extent necessary to administer the
Department's responsibilities with respect to amendments to
the State plans and Illinois waivers approved by the federal
Centers for Medicare and Medicaid Services necessitated by the
requirements of Title XIX and Title XXI of the federal Social
Security Act. The adoption of emergency rules authorized by
this subsection (l) shall be deemed to be necessary for the
public interest, safety, and welfare.
    (m) In order to provide for the expeditious and timely
implementation of the provisions of the State's fiscal year
2008 budget, the Department of Healthcare and Family Services
may adopt emergency rules during fiscal year 2008, including
rules effective July 1, 2008, in accordance with this
subsection to the extent necessary to administer the
Department's responsibilities with respect to amendments to
the State plans and Illinois waivers approved by the federal
Centers for Medicare and Medicaid Services necessitated by the
requirements of Title XIX and Title XXI of the federal Social
Security Act. The adoption of emergency rules authorized by
this subsection (m) shall be deemed to be necessary for the
public interest, safety, and welfare.
    (n) In order to provide for the expeditious and timely
implementation of the provisions of the State's fiscal year
2010 budget, emergency rules to implement any provision of
Public Act 96-45 or any other budget initiative authorized by
the 96th General Assembly for fiscal year 2010 may be adopted
in accordance with this Section by the agency charged with
administering that provision or initiative. The adoption of
emergency rules authorized by this subsection (n) shall be
deemed to be necessary for the public interest, safety, and
welfare. The rulemaking authority granted in this subsection
(n) shall apply only to rules promulgated during Fiscal Year
2010.
    (o) In order to provide for the expeditious and timely
implementation of the provisions of the State's fiscal year
2011 budget, emergency rules to implement any provision of
Public Act 96-958 or any other budget initiative authorized by
the 96th General Assembly for fiscal year 2011 may be adopted
in accordance with this Section by the agency charged with
administering that provision or initiative. The adoption of
emergency rules authorized by this subsection (o) is deemed to
be necessary for the public interest, safety, and welfare. The
rulemaking authority granted in this subsection (o) applies
only to rules promulgated on or after July 1, 2010 (the
effective date of Public Act 96-958) through June 30, 2011.
    (p) In order to provide for the expeditious and timely
implementation of the provisions of Public Act 97-689,
emergency rules to implement any provision of Public Act 97-689
may be adopted in accordance with this subsection (p) by the
agency charged with administering that provision or
initiative. The 150-day limitation of the effective period of
emergency rules does not apply to rules adopted under this
subsection (p), and the effective period may continue through
June 30, 2013. The 24-month limitation on the adoption of
emergency rules does not apply to rules adopted under this
subsection (p). The adoption of emergency rules authorized by
this subsection (p) is deemed to be necessary for the public
interest, safety, and welfare.
    (q) In order to provide for the expeditious and timely
implementation of the provisions of Articles 7, 8, 9, 11, and
12 of Public Act 98-104, emergency rules to implement any
provision of Articles 7, 8, 9, 11, and 12 of Public Act 98-104
may be adopted in accordance with this subsection (q) by the
agency charged with administering that provision or
initiative. The 24-month limitation on the adoption of
emergency rules does not apply to rules adopted under this
subsection (q). The adoption of emergency rules authorized by
this subsection (q) is deemed to be necessary for the public
interest, safety, and welfare.
    (r) In order to provide for the expeditious and timely
implementation of the provisions of Public Act 98-651,
emergency rules to implement Public Act 98-651 may be adopted
in accordance with this subsection (r) by the Department of
Healthcare and Family Services. The 24-month limitation on the
adoption of emergency rules does not apply to rules adopted
under this subsection (r). The adoption of emergency rules
authorized by this subsection (r) is deemed to be necessary for
the public interest, safety, and welfare.
    (s) In order to provide for the expeditious and timely
implementation of the provisions of Sections 5-5b.1 and 5A-2 of
the Illinois Public Aid Code, emergency rules to implement any
provision of Section 5-5b.1 or Section 5A-2 of the Illinois
Public Aid Code may be adopted in accordance with this
subsection (s) by the Department of Healthcare and Family
Services. The rulemaking authority granted in this subsection
(s) shall apply only to those rules adopted prior to July 1,
2015. Notwithstanding any other provision of this Section, any
emergency rule adopted under this subsection (s) shall only
apply to payments made for State fiscal year 2015. The adoption
of emergency rules authorized by this subsection (s) is deemed
to be necessary for the public interest, safety, and welfare.
    (t) In order to provide for the expeditious and timely
implementation of the provisions of Article II of Public Act
99-6, emergency rules to implement the changes made by Article
II of Public Act 99-6 to the Emergency Telephone System Act may
be adopted in accordance with this subsection (t) by the
Department of State Police. The rulemaking authority granted in
this subsection (t) shall apply only to those rules adopted
prior to July 1, 2016. The 24-month limitation on the adoption
of emergency rules does not apply to rules adopted under this
subsection (t). The adoption of emergency rules authorized by
this subsection (t) is deemed to be necessary for the public
interest, safety, and welfare.
    (u) In order to provide for the expeditious and timely
implementation of the provisions of the Burn Victims Relief
Act, emergency rules to implement any provision of the Act may
be adopted in accordance with this subsection (u) by the
Department of Insurance. The rulemaking authority granted in
this subsection (u) shall apply only to those rules adopted
prior to December 31, 2015. The adoption of emergency rules
authorized by this subsection (u) is deemed to be necessary for
the public interest, safety, and welfare.
    (v) In order to provide for the expeditious and timely
implementation of the provisions of Public Act 99-516,
emergency rules to implement Public Act 99-516 may be adopted
in accordance with this subsection (v) by the Department of
Healthcare and Family Services. The 24-month limitation on the
adoption of emergency rules does not apply to rules adopted
under this subsection (v). The adoption of emergency rules
authorized by this subsection (v) is deemed to be necessary for
the public interest, safety, and welfare.
    (w) In order to provide for the expeditious and timely
implementation of the provisions of Public Act 99-796,
emergency rules to implement the changes made by Public Act
99-796 may be adopted in accordance with this subsection (w) by
the Adjutant General. The adoption of emergency rules
authorized by this subsection (w) is deemed to be necessary for
the public interest, safety, and welfare.
    (x) In order to provide for the expeditious and timely
implementation of the provisions of Public Act 99-906,
emergency rules to implement subsection (i) of Section 16-115D,
subsection (g) of Section 16-128A, and subsection (a) of
Section 16-128B of the Public Utilities Act may be adopted in
accordance with this subsection (x) by the Illinois Commerce
Commission. The rulemaking authority granted in this
subsection (x) shall apply only to those rules adopted within
180 days after June 1, 2017 (the effective date of Public Act
99-906). The adoption of emergency rules authorized by this
subsection (x) is deemed to be necessary for the public
interest, safety, and welfare.
    (y) In order to provide for the expeditious and timely
implementation of the provisions of Public Act 100-23 this
amendatory Act of the 100th General Assembly, emergency rules
to implement the changes made by Public Act 100-23 this
amendatory Act of the 100th General Assembly to Section 4.02 of
the Illinois Act on the Aging, Sections 5.5.4 and 5-5.4i of the
Illinois Public Aid Code, Section 55-30 of the Alcoholism and
Other Drug Abuse and Dependency Act, and Sections 74 and 75 of
the Mental Health and Developmental Disabilities
Administrative Act may be adopted in accordance with this
subsection (y) by the respective Department. The adoption of
emergency rules authorized by this subsection (y) is deemed to
be necessary for the public interest, safety, and welfare.
    (z) In order to provide for the expeditious and timely
implementation of the provisions of Public Act 100-554 this
amendatory Act of the 100th General Assembly, emergency rules
to implement the changes made by Public Act 100-554 this
amendatory Act of the 100th General Assembly to Section 4.7 of
the Lobbyist Registration Act may be adopted in accordance with
this subsection (z) by the Secretary of State. The adoption of
emergency rules authorized by this subsection (z) is deemed to
be necessary for the public interest, safety, and welfare.
    (aa) In order to provide for the expeditious and timely
initial implementation of the changes made to Articles 5, 5A,
12, and 14 of the Illinois Public Aid Code under the provisions
of Public Act 100-581 this amendatory Act of the 100th General
Assembly, the Department of Healthcare and Family Services may
adopt emergency rules in accordance with this subsection (aa).
The 24-month limitation on the adoption of emergency rules does
not apply to rules to initially implement the changes made to
Articles 5, 5A, 12, and 14 of the Illinois Public Aid Code
adopted under this subsection (aa). The adoption of emergency
rules authorized by this subsection (aa) is deemed to be
necessary for the public interest, safety, and welfare.
    (bb) In order to provide for the expeditious and timely
implementation of the provisions of Public Act 100-587 this
amendatory Act of the 100th General Assembly, emergency rules
to implement the changes made by Public Act 100-587 this
amendatory Act of the 100th General Assembly to Section 4.02 of
the Illinois Act on the Aging, Sections 5.5.4 and 5-5.4i of the
Illinois Public Aid Code, subsection (b) of Section 55-30 of
the Alcoholism and Other Drug Abuse and Dependency Act, Section
5-104 of the Specialized Mental Health Rehabilitation Act of
2013, and Section 75 and subsection (b) of Section 74 of the
Mental Health and Developmental Disabilities Administrative
Act may be adopted in accordance with this subsection (bb) by
the respective Department. The adoption of emergency rules
authorized by this subsection (bb) is deemed to be necessary
for the public interest, safety, and welfare.
    (cc) (bb) In order to provide for the expeditious and
timely implementation of the provisions of Public Act 100-587
this amendatory Act of the 100th General Assembly, emergency
rules may be adopted in accordance with this subsection (cc)
(bb) to implement the changes made by Public Act 100-587 this
amendatory Act of the 100th General Assembly to: Sections
14-147.5 and 14-147.6 of the Illinois Pension Code by the Board
created under Article 14 of the Code; Sections 15-185.5 and
15-185.6 of the Illinois Pension Code by the Board created
under Article 15 of the Code; and Sections 16-190.5 and
16-190.6 of the Illinois Pension Code by the Board created
under Article 16 of the Code. The adoption of emergency rules
authorized by this subsection (cc) (bb) is deemed to be
necessary for the public interest, safety, and welfare.
    (dd) (aa) In order to provide for the expeditious and
timely implementation of the provisions of Public Act 100-864
this amendatory Act of the 100th General Assembly, emergency
rules to implement the changes made by Public Act 100-864 this
amendatory Act of the 100th General Assembly to Section 3.35 of
the Newborn Metabolic Screening Act may be adopted in
accordance with this subsection (dd) (aa) by the Secretary of
State. The adoption of emergency rules authorized by this
subsection (dd) (aa) is deemed to be necessary for the public
interest, safety, and welfare.
    (ee) In order to provide for the expeditious and timely
implementation of the provisions of this amendatory Act of the
100th General Assembly, emergency rules implementing the
Illinois Underground Natural Gas Storage Safety Act may be
adopted in accordance with this subsection by the Department of
Natural Resources. The adoption of emergency rules authorized
by this subsection is deemed to be necessary for the public
interest, safety, and welfare.
(Source: P.A. 99-2, eff. 3-26-15; 99-6, eff. 1-1-16; 99-143,
eff. 7-27-15; 99-455, eff. 1-1-16; 99-516, eff. 6-30-16;
99-642, eff. 7-28-16; 99-796, eff. 1-1-17; 99-906, eff. 6-1-17;
100-23, eff. 7-6-17; 100-554, eff. 11-16-17; 100-581, eff.
3-12-18; 100-587, Article 95, Section 95-5, eff. 6-4-18;
100-587, Article 110, Section 110-5, eff. 6-4-18; 100-864, eff.
8-14-18; revised 10-18-18.)
 
    Section 905. The Illinois Gas Pipeline Safety Act is
amended by changing Sections 2.01, 2.07, 2.08, 3, 4, 9, and 11
and by adding Sections 2.10, 2.11, and 2.12 as follows:
 
    (220 ILCS 20/2.01)  (from Ch. 111 2/3, par. 552.1)
    Sec. 2.01. "Person" means any individual, firm, joint
venture, partnership, corporation, company, limited liability
company, firm, association, municipality, cooperative
association, or joint stock association, and includes any
trustee, receiver, assignee or personal representative
thereof.
(Source: P.A. 76-1588.)
 
    (220 ILCS 20/2.07)  (from Ch. 111 2/3, par. 552.7)
    Sec. 2.07. "Federal Act" means 49 U.S.C. Chapter 601. This
amendatory Act of the 100th General Assembly is intended to
reflect numbering and citation changes to the United States
Code occurring on or after the effective date of this
amendatory Act of the 100th General Assembly the "Natural Gas
Pipeline Safety Act of 1968".
(Source: P.A. 76-1588.)
 
    (220 ILCS 20/2.08)
    Sec. 2.08. Notice of probable violation. "Notice of
probable violation" or "NOPV" means a written notice,
satisfying the criteria set forth in Section 7.5 of this Act,
given by the pipeline safety manager to a person who engages in
the transportation of gas or who owns or operates pipeline
facilities that identifies a failure of such person to comply
with the provisions of this Act, the Federal Act federal
Natural Gas Pipeline Safety Act of 1968, or any Commission
order or rule issued under this Act and may recommend a penalty
in connection therewith, subject to the terms of this Act.
(Source: P.A. 98-526, eff. 8-23-13.)
 
    (220 ILCS 20/2.10 new)
    Sec. 2.10. Department. "Department" means the Department
of Natural Resources.
 
    (220 ILCS 20/2.11 new)
    Sec. 2.11. Downhole. "Downhole" means the portion of the
underground natural gas storage facility from the first flange
attaching the wellhead to the pipeline equipment and continuing
down the well casing to and including the storage reservoir.
 
    (220 ILCS 20/2.12 new)
    Sec. 2.12. Underground natural gas storage facility.
"Underground natural gas storage facility" means a gas pipeline
facility that stores natural gas in an underground facility,
including a depleted hydrocarbon reservoir, an aquifer
reservoir, and a solution-mined salt cavern reservoir.
 
    (220 ILCS 20/3)  (from Ch. 111 2/3, par. 553)
    Sec. 3. (a) As soon as practicable, but not later than 3
months after the effective date of this Act, the Commission
shall adopt rules establishing minimum safety standards for the
transportation of gas and for pipeline facilities. Such rules
shall be at least as inclusive, as stringent, and compatible
with, the minimum safety standards adopted by the Secretary of
Transportation under the Federal Act. Thereafter, the
Commission shall maintain such rules so that the rules are at
least as inclusive, as stringent, and compatible with, the
minimum standards from time to time in effect under the Federal
Act. Notwithstanding the generality of the foregoing, the
Commission shall not adopt or enforce standards governing
downhole portions of an underground natural gas storage
facility, as long as the Department submits to the Secretary of
Transportation annually the certification described in 49
U.S.C. 60105(a) and the certification is not rejected under 49
U.S.C. 60105(f). The Commission and the Department shall work
cooperatively with each other and with other entities in the
federal and State governments to ensure that the policies
embodied in the Federal Act, the Illinois Underground Natural
Gas Storage Safety Act, this Act, the Illinois Oil and Gas Act,
the Public Utilities Act, and the rules adopted thereunder, are
fully effectuated. The Commission and the Department shall take
steps to avoid the duplication of efforts while at the same
time ensuring that all regulatory obligations are fulfilled. As
long as the Department submits to the Secretary of
Transportation annually the certification described in 49
U.S.C. 60105(a) and the certification is not rejected under 49
U.S.C. 60105(f), the Department shall have jurisdiction over
the downhole portion of underground natural gas storage
facilities subject to this Act. The Commission shall retain
jurisdiction over all other portions of the underground natural
gas storage facilities.
    (b) Standards established under this Act may apply to the
design, installation, inspection, testing, construction,
extension, operation, replacement, and maintenance of pipeline
facilities. Standards affecting the design, installation,
construction, initial inspection and initial testing are not
applicable to pipeline facilities in existence on the date such
standards are adopted. Whenever the Commission finds a
particular facility to be hazardous to life or property, it may
require the person operating such facility to take the steps
necessary to remove the hazard.
    (c) Standards established by the Commission under this Act
shall, subject to paragraphs (a) and (b) of this Section 3, be
practicable and designed to meet the need for pipeline safety.
In prescribing such standards, the Commission shall consider:
similar standards established in other states; relevant
available pipeline safety data; whether such standards are
appropriate for the particular type of pipeline
transportation; the reasonableness of any proposed standards;
and the extent to which such standards will contribute to
public safety.
    Rules adopted under this Act are subject to "The Illinois
Administrative Procedure Act", approved September 22, 1975, as
amended.
(Source: P.A. 97-96, eff. 7-13-11; 97-239, eff. 8-2-11; 97-906,
eff. 8-7-12.)
 
    (220 ILCS 20/4)  (from Ch. 111 2/3, par. 554)
    Sec. 4. Subject to 49 U.S.C. 60118(d) Section 3, paragraph
(e) of the Federal Act, the Commission may, upon application by
any person engaged in the transportation of gas or the
operation of pipeline facilities, waive in whole or in part,
compliance with any standard established under this Act, if it
determines that such a waiver is not inconsistent with gas
pipeline safety.
(Source: P.A. 76-1588.)
 
    (220 ILCS 20/9)  (from Ch. 111 2/3, par. 559)
    Sec. 9. The Commission shall prepare and file with the
Secretary of Transportation the initial and annual
certification and report required by 49 U.S.C. 60105(a) Section
5, paragraph (a) of the Federal Act.
(Source: P.A. 76-1588.)
 
    (220 ILCS 20/11)  (from Ch. 111 2/3, par. 561)
    Sec. 11. Nothing contained in this Act is intended, nor
shall it be construed, to limit or diminish the authority of
the Commission under the Public Utilities Act or the Department
under the Illinois Oil and Gas Act "An Act concerning public
utilities", approved June 29, 1921, as amended.
(Source: P.A. 76-1588; revised 10-19-18.)
 
    Section 999. Effective date. This Act takes effect upon
becoming law.

Effective Date: 1/4/2019