Public Act 104-0119
 
SB1723 EnrolledLRB104 10079 BDA 20151 b

    AN ACT concerning safety.
 
    Be it enacted by the People of the State of Illinois, 
represented in the General Assembly:
 
    Section 1. Findings and intent. The General Assembly finds 
that:
    (1) The Underground Injection Control (UIC) program is 
authorized by the Safe Drinking Water Act (SDWA) to develop 
requirements and provisions for the injection of fluids into 
the subsurface for the purposes of storage or disposal. The 
main goal of the UIC Program is the protection of Underground 
Sources of Drinking Water (USDWs). USDWs are aquifers or parts 
of aquifers that supply a public water system or contain a 
sufficient quantity of groundwater to supply a public water 
system now or in the future.
    (2) The General Assembly finds that the Mahomet Aquifer is 
unique in that it is the sole source of drinking water for 
central Illinois residents.
    (3) The General Assembly further finds that, although 
carbon sequestration undergoes rigorous federal and State 
permitting, the uniqueness of the Mahomet Aquifer being the 
sole source of drinking water for central Illinois residents 
warrants additional protections.
    (4) The General Assembly further finds that, although 
additional review of carbon sequestration activity in the 
Mahomet Aquifer area is warranted because it is a sole source 
aquifer, carbon sequestration activities are allowed in areas 
outside of the aquifer, and carbon sequestration technologies 
are useful and reliable tools in addressing climate change and 
allowing the State to meet its decarbonization goals.
 
    Section 5. The Environmental Protection Act is amended by 
changing Sections 59 and 59.5 and by adding Section 59.18 as 
follows:
 
    (415 ILCS 5/59)
    Sec. 59. Definitions. As used in this Title:
    "Carbon dioxide capture project" mean a project or 
facility that:
        (1) uses equipment to capture a significant quantity 
    of carbon dioxide directly from the ambient air or uses a 
    process to separate carbon dioxide from industrial or 
    energy-related sources, other than oil or gas production 
    from a well; and
        (2) produces a concentrated fluid of carbon dioxide. 
    "Carbon dioxide stream" means carbon dioxide, any 
incidental associated substances derived from the source 
materials and process of producing or capturing carbon 
dioxide, and any substance added to the stream to enable or 
improve the injection process or the detection of a leak or 
rupture.
    "Carbon sequestration activity" means the injection of one 
or more carbon dioxide streams into underground geologic 
formations under at least one Class VI well permit for 
long-term sequestration.
    "Criteria pollutants" means the 6 pollutants for which the 
United States Environmental Protection Agency has set National 
Ambient Air Quality Standards under Section 109 of the Clean 
Air Act, together with recognized precursors to those 
pollutants. 
    "Injection" means the placement of materials into the 
subsurface from a well. 
    "Project labor agreement" means a prehire collective 
bargaining agreement that covers all terms and conditions of 
employment on a specific construction project and must include 
the following:
        (1) provisions establishing the minimum hourly wage 
    for each class of labor organization employee;
        (2) provisions establishing the benefits and other 
    compensation for each class of labor organization 
    employee;
        (3) provisions establishing that no strike or disputes 
    will be engaged in by the labor organization employees;
        (4) provisions establishing that no lockout or 
    disputes will be engaged in by the general contractor 
    building the project; and
        (5) provisions for minorities and women, as defined 
    under the Business Enterprise for Minorities, Women, and 
    Persons with Disabilities Act, setting forth goals for 
    apprenticeship hours to be performed by minorities and 
    women and setting forth goals for total hours to be 
    performed by underrepresented minorities and women.
"Project labor agreement" includes other terms and conditions 
a labor organization or general contractor building the 
project deems necessary. 
    "Sequestration facility" means the carbon dioxide 
sequestration reservoir, underground equipment, including, but 
not limited to, well penetrations, and surface facilities and 
equipment used or proposed to be used in a carbon 
sequestration activity. "Sequestration facility" includes each 
injection well and equipment used to connect surface 
activities to the carbon dioxide sequestration reservoir and 
underground equipment. "Sequestration facility" does not 
include pipelines used to transport carbon dioxide to a 
sequestration facility. 
    "Sole source aquifer" means an aquifer designated as a 
sole source or principal aquifer by the United States 
Environmental Protection Agency under the Safe Drinking Water 
Act, which, for purposes of this definition, consists of the 
Sole Source Aquifer Area, as designated by the United States 
Environmental Protection Agency on March 19, 2015. 
(Source: P.A. 103-651, eff. 7-18-24.)
 
    (415 ILCS 5/59.5)
    Sec. 59.5. Prohibitions. 
    (a) No person shall conduct a carbon sequestration 
activity without a permit issued by the Agency under Section 
59.6. This prohibition does not apply to any carbon 
sequestration activity in existence and permitted by the 
United States Environmental Protection Agency on or before the 
effective date of this amendatory Act of the 103rd General 
Assembly or to any Class VI well for which (1) a Class VI well 
permit has been filed with the United States Environmental 
Protection Agency and a completeness determination had been 
received prior to January 1, 2023, and (2) the sequestration 
activity will occur on a contiguous property with common 
ownership where the carbon dioxide is generated, captured, and 
injected.
    (b) No person shall conduct a carbon sequestration 
activity in violation of this Act.
    (c) No person shall conduct a carbon sequestration 
activity in violation of any applicable rules adopted by the 
Pollution Control Board.
    (d) No person shall conduct a carbon sequestration 
activity in violation of a permit issued by the Agency under 
this Act.
    (e) No person shall fail to submit reports required by 
this Act or required by a permit issued by the Agency under 
this Act.
    (f) No person shall conduct a carbon sequestration 
activity without obtaining an order for integration of pore 
space from the Department of Natural Resources, if applicable.
    (g) No person shall conduct a carbon sequestration 
activity within a sequestration facility that overlies, 
underlies, or passes through a sole source aquifer. Nothing in 
this subsection deprives the Agency of authority to deny a 
carbon sequestration permit. 
(Source: P.A. 103-651, eff. 7-18-24.)
 
    (415 ILCS 5/59.18 new)
    Sec. 59.18. Mahomet Aquifer Advisory Study Commission.
    (a) The Mahomet Aquifer Advisory Study Commission is 
hereby created to study and review any reports submitted to 
the Mahomet Aquifer Advisory Study Commission regarding the 
safety of carbon capture and storage in the Mahomet Aquifer 
Area and any sole source aquifer project review areas 
designated by the United States Environmental Protection 
Agency. The Commission shall consist of the following members:
        (1) the Director of the Environmental Protection 
    Agency or the Director's designee; 
        (2) the Director of Natural Resources or the 
    Director's designee;
        (3) the Director of the Illinois Emergency Management 
    Agency and Office of Homeland Security or the Director's 
    designee;
        (4) the Director of Agriculture or the Director's 
    designee;
        (5) the Attorney General or the Attorney General's 
    designee;
        (6) 3 members appointed by the President of the 
    Senate, only one of whom may be a Senator;
        (7) 3 members appointed by the Speaker of the House of 
    Representatives, only one of whom may be a Representative;
        (8) 3 members appointed by the Minority Leader of the 
    Senate, only one of whom may be a Senator; and
        (9) 3 members appointed by the Minority Leader of the 
    House of Representatives, only one of whom may be a 
    Representative.
    All meetings of the Mahomet Aquifer Advisory Study 
Commission shall be open to the public and shall be held within 
the Mahomet Aquifer Area region or within 25 miles of the 
region. The Mahomet Aquifer Advisory Study Commission shall 
maintain a website where all reports and studies submitted to 
or approved by the Mahomet Aquifer Advisory Study Commission 
shall be posted for public display. The University of Illinois 
shall provide administrative assistance to the Mahomet Aquifer 
Advisory Study Commission. No later than 90 days after the 
effective date of this amendatory Act of the 104th General 
Assembly, the Commission shall hold its first meeting at the 
call of the Director of the Environmental Protection Agency, 
at which meeting the members shall select a chairperson from 
among themselves. After its first meeting, the Commission 
shall meet at the call of the chairperson. Members of the 
Commission shall serve without compensation. Members' terms 
shall be 3 years, and members may be reappointed by their 
respective appointing authority.
    (b) Subject to appropriation, the Prairie Research 
Institute at the University of Illinois at Urbana-Champaign 
shall submit a final report on the potential for carbon 
sequestration in the Mahomet Aquifer Area and any project 
review areas to the Mahomet Aquifer Advisory Study Commission 
no later than December 31, 2030. The Prairie Research 
Institute shall submit annual status reports by December 31, 
2027 and December 31 of each year thereafter until the final 
report is submitted on December 31, 2030. The final report 
shall provide an assessment of the safety and risks of carbon 
dioxide storage in the Mahomet Aquifer and its project review 
areas, including, but not limited to, any effects on human, 
animal, and environmental health. The report shall review 
carbon sequestration conducted in Illinois and other similarly 
situated states, particularly how carbon sequestration affects 
aquifers and other underground water sources. The report shall 
review the permitting processes and the coordination with 
applicable federal law or regulatory commissions, including 
the Class VI injection well permitting process.
    (c) The Mahomet Aquifer Advisory Study Commission shall 
also engage with interested stakeholders throughout the State 
to gain insights into safety perspectives from residents, 
environmental justice organizations, environmental 
nongovernmental organizations, representatives of industry, 
landowners, farm bureaus, manufacturing interests, labor 
unions, and others.
    (d) The Mahomet Aquifer Advisory Study Commission shall 
submit a final report of its findings regarding the Mahomet 
Aquifer and its project review areas to the Governor and the 
General Assembly no later than December 31, 2031. The 
Commission may file status updates with the Governor and the 
General Assembly as determined by a majority of the members.
    (e) The Mahomet Aquifer Advisory Study Commission is 
dissolved and this Section is repealed on January 1, 2032.