Bill Text: IL HB4308 | 2021-2022 | 102nd General Assembly | Introduced

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Bill Title: Amends the Pembroke Township Natural Gas Investment Pilot Program Act. Provides that none of the funds authorized or appropriated by the Act shall be used to take any of the land or personal property of any landowner or resident of Pembroke Township or the Village of Hopkins Park for the purpose of the design, construction, and installation of any natural gas pipeline without the expressed and written consent of the landowner or property owner. Provides that the Department of Economic Opportunity and the Illinois Commerce Commission may take specified actions in furtherance of public accountability and to guard against any misuse of public funds. Provides for a study and report on energy policy development options and a study of the projected impact and rate estimates for local households, consumers, businesses, farmers, and other industries from design, construction, installation, and operation of any natural gas pipeline. Creates provisions concerning a community benefit agreement. Provides that the Governor shall formally propose that Pembroke Township be permanently protected and preserved as part of the National Natural Landmark Program, support the requisite authorization and approval by the U.S. Secretary of the Interior, and provide requisite planning funds.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2022-01-05 - Referred to Rules Committee [HB4308 Detail]

Download: Illinois-2021-HB4308-Introduced.html

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102ND GENERAL ASSEMBLY State of Illinois 2021 and 2022 HB4308 Introduced , by Rep. Sonya M. Harper SYNOPSIS AS INTRODUCED:
220 ILCS 85/25 new
220 ILCS 85/30 new
220 ILCS 85/35 new
220 ILCS 85/40 new
220 ILCS 85/45 new
220 ILCS 85/50 new
220 ILCS 85/55 new
220 ILCS 85/60 new
Amends the Pembroke Township Natural Gas Investment Pilot Program Act. Provides that none of the funds authorized or appropriated by the Act shall be used to take any of the land or personal property of any landowner or resident of Pembroke Township or the Village of Hopkins Park for the purpose of the design, construction, and installation of any natural gas pipeline without the expressed and written consent of the landowner or property owner. Provides that the Department of Economic Opportunity and the Illinois Commerce Commission may take specified actions in furtherance of public accountability and to guard against any misuse of public funds. Provides for a study and report on energy policy development options and a study of the projected impact and rate estimates for local households, consumers, businesses, farmers, and other industries from design, construction, installation, and operation of any natural gas pipeline. Creates provisions concerning a community benefit agreement. Provides that the Governor shall formally propose that Pembroke Township be permanently protected and preserved as part of the National Natural Landmark Program, support the requisite authorization and approval by the U.S. Secretary of the Interior, and provide requisite planning funds.
LRB102 21452 SPS 30569 b
FISCAL NOTE ACT MAY APPLY
A BILL FOR
HB4308 LRB102 21452 SPS 30569 b
AN ACT concerning regulation.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Pembroke Township Natural Gas Investment
Pilot Program Act is amended by adding Sections 25, 30, 35, 40,
45, 50, 55, and 60 as follows:
(220 ILCS 85/25 new)
Sec. 25. Prohibition on takings. None of the funds
authorized or appropriated pursuant to this Act shall be used
to take any of the land or personal property of any landowner
or resident of Pembroke Township or the Village of Hopkins
Park for the purpose of the design, construction, and
installation of any natural gas pipeline without the express
and written consent of the landowner or property owner.
(220 ILCS 85/30 new)
Sec. 30. Protection for socially disadvantaged farmers,
ranchers, forest landowners and operators, and other concerned
local groups and residents. In compliance and conformity with
Section 1006 of Title 1 of the American Rescue Plan Act of 2021
as enacted by Congress, none of the funds authorized or
appropriated pursuant to this Act shall be used to take or
otherwise jeopardize any of the land or personal property of

HB4308 - 2 - LRB102 21452 SPS 30569 b
any socially disadvantaged farmers, ranchers, forest land
owners and operators, and groups or other residents of
Pembroke Township or the Village of Hopkins Park and secured
by loans from the Farm Services Agency, the U.S. Department of
Agriculture, or any other financing provided by the federal
government on or before January 1, 2021 for the purpose of the
design, construction, and installation of any natural gas
pipeline without the expressed and written consent of the
landowner or property owner.
(220 ILCS 85/35 new)
Sec. 35. Public accountability and anticorruption
safeguards.
(a) In furtherance of public accountability and to guard
against any misuse of public funds, the Department or the
Illinois Commerce Commission may:
(1) cancel any agreement or contract entered into
pursuant to this Act if it determines, with respect to any
agreement or contract to be financed by State funds, that
corrupt or fraudulent practices were engaged in by any
public officials and private representatives of the
recipient or beneficiary of the aid funds during the
acquisition of any related land or property, during
design, procurement, construction, and installation,
during the execution of the related agreement or contract,
or during the operation of any natural gas pipeline

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without the recipient having taken timely, transparent,
and appropriate action satisfactory to the Department and
Illinois Commerce Commission to remedy the situation;
(2) inspect accounts and records of realtors,
contractors, and suppliers relating to the performance of
any agreement or contract and to perform a complete audit
by auditors appointed by the Director of Commerce and
Economic Opportunity or the Chairperson of the Illinois
Commerce Commission; and
(3) bar firms from agreements or contracts financed by
State funds, either indefinitely or for a specified period
of time, if the Director of Commerce and Economic
Opportunity or the Chairperson of the Illinois Commerce
Commission determines that any party is engaged in corrupt
or fraudulent practices in competing for or in executing
an agreement or contract financed by State funds.
(b) Any violations of this Section shall be subject to
applicable civil or criminal penalties, including fines or
imprisonment.
(220 ILCS 85/40 new)
Sec. 40. Public participation; right to know provisions;
and public safety, health, and ecological precautions. To
ensure full and open public participation, to better inform
and reassure all residents of Pembroke Township and the
Village of Hopkins Park, and to protect the unique and

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endangered natural ecosystem in which they live:
(1) the Department shall notify every household of all
past and pending complaints, legal claims, and regulatory
actions concerning public safety, health, and environment
and pertaining to any individual and business entity
entering into any agreement or bidding on any contract for
the design, construction, installation, or operation of
any natural gas pipeline pursuant to this Act, no later
than 45 days after the effective date of this amendatory
Act of the 102nd General Assembly; and
(2) the Illinois Commerce Commission shall require
every party to any agreement or contract for the design,
construction, installation, or operation of any natural
gas pipeline to fully comply with the public safety,
health, and environmental protection provisions of 49
U.S.C. 8 and corresponding rules and regulations,
including the Natural Gas Pipeline Safety Act of 1968.
(220 ILCS 85/45 new)
Sec. 45. Comprehensive study and report on energy policy
development options. Prior to entering into or executing any
agreement or contract regarding the design, construction,
installation, or operation of any natural gas pipeline
pursuant to this Act, the Department, the Illinois Commerce
Commission, and the Environmental Protection Agency shall
jointly conduct a comprehensive cost-benefit analysis of this

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project and associated risks, including a thorough comparative
evaluation of the merits and demerits of designing,
constructing, installing, and operating any natural gas
pipeline in Pembroke Township and the Village of Hopkins Park
relative to solar, wind, biomass, and other options for
providing affordable, sustainable utility services to local
households, consumers, businesses, and industries. The
findings, underpinning documentation, conclusions, and
recommendations must be completed and filed as a report with
the General Assembly and made available to the public.
(220 ILCS 85/50 new)
Sec. 50. Projected impact and rate estimates for local
households, consumers, farmers, businesses, and industries.
Prior to the approval of any certificate of public convenience
and necessity or additional regulatory permits requested by
any utility pursuant to this Act, the Illinois Commerce
Commission shall do a comprehensive and comparative study of
the projected impact and rate estimates for local households,
consumers, businesses, farmers, and other industries from
design, construction, installation, and operation of any
natural gas pipeline, including, but not limited to, any
proposed and related use of renewable natural gas supplies, in
Pembroke Township and the Village of Hopkins Park relative to
solar, wind, biomass, and other nonfossil fuel sourced energy
options, including, but not limited to, consideration of best

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practices for building decarbonization. The findings and
underpinning economic data and analysis must be completed and
filed as a timely report with the General Assembly and made
available to the public.
(220 ILCS 85/55 new)
Sec. 55. Requirement of a community benefit agreement. To
protect and preserve the unique natural, ecological,
historical, and cultural heritage of Pembroke Township,
including the Village of Hopkins Park, and to maximize the
benefits for all residents of this vulnerable community, a
community benefit agreement must be negotiated, approved, and
signed jointly by a community benefit group, including
representation of all local stakeholders who have concerns and
who will be affected by the design, development, and
installation of any natural gas pipeline pursuant to this Act,
NICOR, Inc, or any other commercial developer, and the
Director of Commerce and Economic Opportunity, the Director of
the Environmental Protection Agency, and the Chairperson of
the Illinois Commerce Commission. This agreement shall be
legally binding and shall take effect prior to the approval of
any certificate of public convenience and necessity and
additional regulatory permits requested by any utility
pursuant to this Act and prior to the design, construction,
and installation of any natural gas pipeline.

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(220 ILCS 85/60 new)
Sec. 60. Establishment of a National Natural Landmark in
Pembroke Township. In consultation and collaboration with
local residents and their elected representatives, the
Governor shall formally propose that the natural history and
irreplaceable ecological resources of Pembroke Township be
permanently protected and preserved as a unique landscape in
the State of Illinois and the United States as part of the
National Natural Landmark Program, support the requisite
authorization and approval by the U.S. Secretary of the
Interior, and provide requisite planning funds.