Bill Text: IL SB2421 | 2023-2024 | 103rd General Assembly | Introduced

---

Bill Title: Creates the Carbon Dioxide Transport and Storage Protections Act. Defines terms. Provides that (i) title to pore space belongs to and is vested in the surface owner of the overlying surface estate, (ii) a conveyance of title to a surface estate conveys title to the pore space in all strata underlying the surface estate, and (iii) title to pore space may not be severed from title to the surface estate. Notwithstanding any other provision of law, prohibits the amalgamation of pore space under the Eminent Domain Act. Contains requirements for valid amalgamation. Requires the Illinois Emergency Management Agency to determine a fee for carbon sequestration by rule. Creates the Carbon Transportation and Sequestration Readiness Fund and makes a conforming change in the State Finance Act. Requires the Illinois Emergency Management Agency and the Department of Public Health to conduct training with specified requirements. Contains other provisions. Amends the Illinois Power Agency Act. Makes changes to the definition of "sequester". Removes language requiring specified facilities to be clean coal facilities. Makes other changes. Amends the Carbon Dioxide Transportation and Sequestration Act. Contains requirements for receiving a certificate of authority. Makes other changes. Amends the Environmental Protection Act. Requires any person seeking to sequester carbon dioxide in Illinois to first obtain a carbon sequestration permit from the Agency. Contains other provisions and makes other changes. Contains a severability provision. Effective immediately.

Spectrum: Moderate Partisan Bill (Democrat 8-2)

Status: (Introduced) 2024-03-15 - Rule 3-9(a) / Re-referred to Assignments [SB2421 Detail]

Download: Illinois-2023-SB2421-Introduced.html

---

103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB2421 Introduced 2/10/2023, by Sen. Laura Fine SYNOPSIS AS INTRODUCED:
See Index
Creates the Carbon Dioxide Transport and Storage Protections Act. Defines terms. Provides that (i) title to pore space belongs to and is vested in the surface owner of the overlying surface estate, (ii) a conveyance of title to a surface estate conveys title to the pore space in all strata underlying the surface estate, and (iii) title to pore space may not be severed from title to the surface estate. Notwithstanding any other provision of law, prohibits the amalgamation of pore space under the Eminent Domain Act. Contains requirements for valid amalgamation. Requires the Illinois Emergency Management Agency to determine a fee for carbon sequestration by rule. Creates the Carbon Transportation and Sequestration Readiness Fund and makes a conforming change in the State Finance Act. Requires the Illinois Emergency Management Agency and the Department of Public Health to conduct training with specified requirements. Contains other provisions. Amends the Illinois Power Agency Act. Makes changes to the definition of "sequester". Removes language requiring specified facilities to be clean coal facilities. Makes other changes. Amends the Carbon Dioxide Transportation and Sequestration Act. Contains requirements for receiving a certificate of authority. Makes other changes. Amends the Environmental Protection Act. Requires any person seeking to sequester carbon dioxide in Illinois to first obtain a carbon sequestration permit from the Agency. Contains other provisions and makes other changes. Contains a severability provision. Effective immediately.
LRB103 29079 CPF 55465 b
A BILL FOR
SB2421 LRB103 29079 CPF 55465 b
AN ACT concerning safety.
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 Carbon
Dioxide Transport and Storage Protections Act.
Section 5. Legislative findings and objectives. The
General Assembly finds that:
(a) Illinois law currently lacks clarity concerning the
rights of landowners with regard to pore space in the
subsurface beneath their land, limiting landowners' ability to
fully enjoy and protect their property.
(b) The transport of carbon dioxide via pipelines
significantly affects landowners' rights to enjoy their
property. Carbon dioxide pipelines may impede access to
property and fields, harm crops and topsoil, and pose a risk of
grave harm if there is a release of carbon dioxide.
(c) The storage of carbon dioxide in subsurface pore space
may have profound impacts upon the surface estate. Subsurface
carbon dioxide storage may require easements for pipelines,
injection wells, monitoring equipment, and other
infrastructure, harm crops and topsoil, and risks grave harm
to landowners, surrounding ecosystems, and water supplies if
carbon dioxide is released.

SB2421 - 2 - LRB103 29079 CPF 55465 b
(d) To protect landowners, surface ecosystems,
groundwater, and nearby residents, it is essential that
Illinois clarify the ownership, liability, and other property
rights associated with carbon dioxide transportation and
storage before additional carbon transport and storage takes
place in the State, as well as providing units of local
government and residents with training and resources so they
can be prepared if there is a carbon dioxide release.
Section 10. Definitions. In this Act:
"Amalgamation" means the combining or uniting of property
rights in adjacent subsurface pore space for the permanent
storage of carbon dioxide.
"Area of review" has the same meaning as defined in
Section 3.121 of the Environmental Protection Act.
"Carbon dioxide injection well" means a well that is used
to inject carbon dioxide into a reservoir for permanent
geologic sequestration.
"Carbon dioxide pipeline" or "pipeline" means the in-state
portion of a pipeline, including appurtenant facilities,
property rights, and easements, that are used to transport
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

SB2421 - 3 - LRB103 29079 CPF 55465 b
improve the injection process or the detection of a leak or
rupture.
"Carbon dioxide sequestration reservoir" means a portion
of a sedimentary geologic stratum or formation containing pore
space, including, but not limited to, depleted reservoirs and
saline formations, that the Environmental Protection Agency
has determined is suitable for the injection and permanent
storage of carbon dioxide.
"Department" means the Department of Public Health.
"Easement" means an interest in land owned by another
person that conveys the right to use or control the land, or an
area above or below it, for a specific purpose, including, but
not limited to, the storage of carbon dioxide in subsurface
cavities.
"Fund" means the Carbon Transportation and Sequestration
Readiness Fund established under Section 35.
"Person" has the same meaning as defined in Section 3.315
of the Environmental Protection Act.
"Pipeline operator" means a person who owns, leases,
operates, controls, or supervises a pipeline that transports
carbon dioxide.
"Pore space" means subsurface cavities, voids, or saline
beds that can be used to store carbon dioxide.
"Pore space owner" means the person who has title to a pore
space.
"Sequester" has the same meaning as defined in Section

SB2421 - 4 - LRB103 29079 CPF 55465 b
1-10 of the Illinois Power Agency Act.
"Sequestration" means to sequester or be sequestered.
"Sequestration facility" means the carbon dioxide
sequestration reservoir, underground equipment, and surface
facilities and equipment used or proposed to be used in a
geologic storage operation. "Sequestration facility" includes
an injection well and equipment used to connect the surface
facility and equipment to the carbon dioxide sequestration
reservoir and underground equipment. "Sequestration facility"
does not include pipelines used to transport carbon dioxide to
a sequestration facility.
"Sequestration operator" means a person who holds, is
applying for, or is required to obtain a carbon sequestration
permit under Section 22.63 of the Environmental Protection
Act.
"Sequestration pore space" means a pore space proposed,
authorized, or used for sequestering one or more carbon
dioxide streams in accordance with a permit or permit
application under Section 22.63 of the Environmental
Protection Act.
"Surface owner" means a person identified in the records
of the recorder of deeds for each county containing some
portion of a proposed carbon dioxide sequestration reservoir
as an owner of a whole or undivided fee simple interest or
other freehold interest in real property, including, but not
limited to, mineral rights, in the surface above the

SB2421 - 5 - LRB103 29079 CPF 55465 b
sequestration pore space. "Surface owner" does not include an
owner of a right-of-way, easement, leasehold, or any other
lesser estate.
"Transportation" means the physical movement of carbon
dioxide by pipeline conducted for any person's use or on any
person's account.
Section 15. Ownership and conveyance of pore space.
(a) Title to pore space belongs to and is vested in the
surface owner of the overlying surface estate.
(b) A conveyance of title to a surface estate conveys
title to the pore space in all strata underlying the surface
estate.
(c) Title to pore space may not be severed from title to
the surface estate. A grant of easement for use of pore space
is not a severance prohibited under this subsection.
(d) A grant of easement for use of pore space shall not
confer any right to enter upon or otherwise use the surface of
the land unless the grant of easement expressly provides that
right.
Section 20. Compulsory amalgamation. Notwithstanding any
other provision of law, a sequestration operator may not
exercise any authority to take or acquire any easement or
title to any pore space or any portion of an area of review
under the Eminent Domain Act for amalgamation. For

SB2421 - 6 - LRB103 29079 CPF 55465 b
amalgamation to be valid, a sequestration operator must
obtain, for the entirety of the area of review the person seeks
to use for carbon sequestration, either:
(1) a written grant of easement to enter into and use a
surface owner's portion of the proposed area of review for
carbon sequestration; or
(2) title to that portion of the proposed area of
review and overlying surface estate.
Section 25. Ownership of carbon dioxide; liability.
(a) A sequestration operator is solely liable for any and
all damage caused by carbon dioxide that is transported to the
sequestration operator's sequestration facility for injection
or sequestration or that is otherwise under the sequestration
operator's control, including, but not limited to, damage
caused by carbon dioxide released from the sequestration
facility, regardless of who holds title to the carbon dioxide,
the pore space, or the surface estate.
(b) A sequestration operator is solely liable for any and
all damage or harm that may result from equipment associated
with carbon sequestration, including, but not limited to,
operation of the equipment.
(c) Title to carbon dioxide sequestered in Illinois shall
not be vested in the owner of the sequestration pore space.
Sequestered carbon dioxide is a separate property independent
of the sequestration pore space.

SB2421 - 7 - LRB103 29079 CPF 55465 b
Section 30. Carbon transportation and sequestration
emergency response fee. In addition to any permit fee
required under the Environmental Protection Act, all
sequestration operators and pipeline operators who transport
or sequester carbon dioxide in Illinois must pay a fee each
year to the Illinois Emergency Management Agency. The fee
shall be deposited in the Carbon Transportation and
Sequestration Readiness Fund. The fee amount shall be
determined by the Illinois Emergency Management Agency as a
set amount (i) per mile of approved pipeline for each carbon
dioxide pipeline, (ii) per square mile of area of review, and
(iii) per ton of carbon dioxide sequestered for each approved
carbon sequestration project. The fee shall be adjusted
annually for inflation and shall be in an amount determined by
the Illinois Emergency Management Agency as being more than
adequate to fund emergency preparedness and response costs for
units of local government through which a carbon pipeline
passes or in which carbon sequestration takes place.
Section 35. Carbon Transportation and Sequestration
Readiness Fund.
(a) The Carbon Transportation and Sequestration Readiness
Fund is established as a special fund in the State treasury.
(b) The Fund shall consist of all moneys from fees
collected under Section 30, all interest earned on moneys in

SB2421 - 8 - LRB103 29079 CPF 55465 b
the Fund, and any additional moneys allocated or appropriated
to the Fund by the General Assembly.
(c) Moneys in the Fund shall be used only to:
(1) cover administrative costs of the Illinois
Emergency Management Agency for administration of grants
awarded under this Section and costs to the Illinois
Emergency Management Agency and Department of Public
Health to cover costs of preparing the training materials
and offering the training sessions required under Section
40;
(2) provide funding to units of local government
through which a carbon pipeline passes or in which carbon
sequestration has been proposed or is taking place to
enhance emergency preparedness and emergency response
capabilities if a carbon dioxide release occurs; allowable
expenditures of moneys provided under this paragraph
include, but are not limited to:
(A) preparing emergency response plans for carbon
dioxide release;
(B) purchasing electric emergency response
vehicles;
(C) developing or maintaining a text message or
other emergency communication alert system;
(D) purchasing devices that assist in the
detection of a carbon dioxide release;
(E) equipment for first responders, local

SB2421 - 9 - LRB103 29079 CPF 55465 b
residents, and medical facilities that assist in the
preparation for, detection of, or response to the
release of carbon dioxide or other toxic or hazardous
materials; and
(F) training and training materials for first
responders, local residents, businesses, and other
local entities to prepare for and respond to the
release of carbon dioxide or other toxic or hazardous
materials;
(3) fund research in technologies, other than those
for carbon capture and sequestration, that reduce the
potential for carbon dioxide pollution from industries
that are major sources of carbon dioxide, including, but
not limited to, steel and cement production; or
(4) fund research to better understand the scope of
potential carbon dioxide releases and methods to limit the
likelihood of a carbon dioxide release from a pipeline or
sequestration facility, including, but not limited to,
computer modeling to simulate carbon dioxide leaks from
pipelines of varying diameters and lengths.
All research funded under paragraphs (3) and (4) must be
included in a report published by the Illinois Emergency
Management Agency on its website and containing
recommendations for safety measures to protect communities
from carbon dioxide releases, such as hazard zones, setbacks,
additional monitoring, or other measures.

SB2421 - 10 - LRB103 29079 CPF 55465 b
(d) The Fund shall be administered by the Illinois
Emergency Management Agency. The Illinois Emergency Management
Agency shall issue annual requests to relevant persons and
entities for proposals to receive Fund moneys and shall award
grants to qualified applicants who meet the criteria under
subsection (c) and any other criteria the Illinois Emergency
Management Agency deems necessary for the Fund to serve its
intended purpose. Illinois Emergency Management Agency shall
not limit the number of proposals an applicant may submit
under this subsection.
(e) The Fund is not subject to subsection (c) of Section 5
of the State Finance Act.
Section 40. Training for carbon dioxide emergencies.
(a) Within one year after the effective date of this Act,
the Environmental Protection Agency and the Department shall
jointly prepare training materials for local emergency
responders and medical personnel regarding what to do if
carbon dioxide is released from a pipeline or a sequestration
facility, including, but not limited to:
(1) how to identify a carbon dioxide release;
(2) communications protocols to quickly share
information about a carbon dioxide release;
(3) protocols for locating residents and others in the
affected area and, when necessary, transporting residents
out of the area to health care facilities; and

SB2421 - 11 - LRB103 29079 CPF 55465 b
(4) symptoms of and treatment for exposure to a carbon
dioxide release.
(b) Each year, the Department of Public Health and the
Environmental Protection Agency shall offer at least 3
training sessions on emergency response protocols during
carbon dioxide releases for emergency responders and medical
personnel in any county in which carbon dioxide is proposed to
be, or is, transported or sequestered. Unless a health
emergency necessitates virtual training only, the training
sessions shall be in-person with the option to join remotely
and shall be recorded. The recordings shall be maintained on
the Environmental Protection Agency's and Department's
publicly available websites.
(c) Within one year after the effective date of this Act,
the Environmental Protection Agency and the Department shall
jointly prepare training materials for residents, businesses,
and other persons and entities located within 2 miles of a
carbon dioxide pipeline or above the area of review regarding
a carbon dioxide release. The training materials shall
include, but are not limited to:
(1) how to identify a carbon dioxide release;
(2) what to do in the event of a carbon dioxide
release;
(3) symptoms of exposure to a carbon dioxide release;
and
(4) recommendations for items residents and other

SB2421 - 12 - LRB103 29079 CPF 55465 b
entities may want to purchase or request, including, but
not limited to, carbon dioxide monitors and air supply
respirators.
(d) Each year, the Environmental Protection Agency and the
Department, in cooperation with local emergency response
personnel, shall offer at least 2 public training sessions for
residents and local businesses in every county in which carbon
dioxide is proposed to be, or is, transported or sequestered.
The training shall include, at a minimum, all the information
in the training materials required under this Section. Unless
a health emergency necessitates virtual training only, the
training sessions shall be in-person with the option to join
remotely and shall be recorded. The recordings shall be
maintained on the Environmental Protection Agency's and
Department's publicly available websites.
(e) Every 5 years, the Environmental Protection Agency and
the Department shall review and, if appropriate, revise the
training materials developed under this Section to incorporate
new best practices, technologies, developments, or information
that (i) improve emergency response and treatment for carbon
dioxide releases and (ii) may assist local residents and
businesses to be better prepared in the event of a carbon
dioxide release.
Section 45. The State Finance Act is amended by adding
Section 5.990 as follows:

SB2421 - 13 - LRB103 29079 CPF 55465 b
(30 ILCS 105/5.990 new)
Sec. 5.990. The Carbon Transportation and Sequestration
Readiness Fund.
Section 50. The Illinois Power Agency Act is amended by
changing Sections 1-10 and 1-80 as follows:
(20 ILCS 3855/1-10)
Sec. 1-10. Definitions.
"Agency" means the Illinois Power Agency.
"Agency loan agreement" means any agreement pursuant to
which the Illinois Finance Authority agrees to loan the
proceeds of revenue bonds issued with respect to a project to
the Agency upon terms providing for loan repayment
installments at least sufficient to pay when due all principal
of, interest and premium, if any, on those revenue bonds, and
providing for maintenance, insurance, and other matters in
respect of the project.
"Authority" means the Illinois Finance Authority.
"Brownfield site photovoltaic project" means photovoltaics
that are either:
(1) interconnected to an electric utility as defined
in this Section, a municipal utility as defined in this
Section, a public utility as defined in Section 3-105 of
the Public Utilities Act, or an electric cooperative as

SB2421 - 14 - LRB103 29079 CPF 55465 b
defined in Section 3-119 of the Public Utilities Act and
located at a site that is regulated by any of the following
entities under the following programs:
(A) the United States Environmental Protection
Agency under the federal Comprehensive Environmental
Response, Compensation, and Liability Act of 1980, as
amended;
(B) the United States Environmental Protection
Agency under the Corrective Action Program of the
federal Resource Conservation and Recovery Act, as
amended;
(C) the Illinois Environmental Protection Agency
under the Illinois Site Remediation Program; or
(D) the Illinois Environmental Protection Agency
under the Illinois Solid Waste Program; or
(2) located at the site of a coal mine that has
permanently ceased coal production, permanently halted any
re-mining operations, and is no longer accepting any coal
combustion residues; has both completed all clean-up and
remediation obligations under the federal Surface Mining
and Reclamation Act of 1977 and all applicable Illinois
rules and any other clean-up, remediation, or ongoing
monitoring to safeguard the health and well-being of the
people of the State of Illinois, as well as demonstrated
compliance with all applicable federal and State
environmental rules and regulations, including, but not

SB2421 - 15 - LRB103 29079 CPF 55465 b
limited, to 35 Ill. Adm. Code Part 845 and any rules for
historic fill of coal combustion residuals, including any
rules finalized in Subdocket A of Illinois Pollution
Control Board docket R2020-019.
"Clean coal facility" means an electric generating
facility that uses primarily coal as a feedstock and that
captures and sequesters carbon dioxide emissions at the
following levels: at least 50% of the total carbon dioxide
emissions that the facility would otherwise emit if, at the
time construction commences, the facility is scheduled to
commence operation before 2016, at least 70% of the total
carbon dioxide emissions that the facility would otherwise
emit if, at the time construction commences, the facility is
scheduled to commence operation during 2016 or 2017, and at
least 90% of the total carbon dioxide emissions that the
facility would otherwise emit if, at the time construction
commences, the facility is scheduled to commence operation
after 2017. The power block of the clean coal facility shall
not exceed allowable emission rates for sulfur dioxide,
nitrogen oxides, carbon monoxide, particulates and mercury for
a natural gas-fired combined-cycle facility the same size as
and in the same location as the clean coal facility at the time
the clean coal facility obtains an approved air permit. All
coal used by a clean coal facility shall have high volatile
bituminous rank and greater than 1.7 pounds of sulfur per
million Btu btu content, unless the clean coal facility does

SB2421 - 16 - LRB103 29079 CPF 55465 b
not use gasification technology and was operating as a
conventional coal-fired electric generating facility on June
1, 2009 (the effective date of Public Act 95-1027).
"Clean coal SNG brownfield facility" means a facility that
(1) has commenced construction by July 1, 2015 on an urban
brownfield site in a municipality with at least 1,000,000
residents; (2) uses a gasification process to produce
substitute natural gas; (3) uses coal as at least 50% of the
total feedstock over the term of any sourcing agreement with a
utility and the remainder of the feedstock may be either
petroleum coke or coal, with all such coal having a high
bituminous rank and greater than 1.7 pounds of sulfur per
million Btu content unless the facility reasonably determines
that it is necessary to use additional petroleum coke to
deliver additional consumer savings, in which case the
facility shall use coal for at least 35% of the total feedstock
over the term of any sourcing agreement; and (4) captures and
sequesters at least 85% of the total carbon dioxide emissions
that the facility would otherwise emit.
"Clean coal SNG facility" means a facility that uses a
gasification process to produce substitute natural gas, that
sequesters at least 90% of the total carbon dioxide emissions
that the facility would otherwise emit, that uses at least 90%
coal as a feedstock, with all such coal having a high
bituminous rank and greater than 1.7 pounds of sulfur per
million Btu btu content, and that has a valid and effective

SB2421 - 17 - LRB103 29079 CPF 55465 b
permit to construct emission sources and air pollution control
equipment and approval with respect to the federal regulations
for Prevention of Significant Deterioration of Air Quality
(PSD) for the plant pursuant to the federal Clean Air Act;
provided, however, a clean coal SNG brownfield facility shall
not be a clean coal SNG facility.
"Clean energy" means energy generation that is 90% or
greater free of carbon dioxide emissions.
"Commission" means the Illinois Commerce Commission.
"Community renewable generation project" means an electric
generating facility that:
(1) is powered by wind, solar thermal energy,
photovoltaic cells or panels, biodiesel, crops and
untreated and unadulterated organic waste biomass, and
hydropower that does not involve new construction or
significant expansion of hydropower dams;
(2) is interconnected at the distribution system level
of an electric utility as defined in this Section, a
municipal utility as defined in this Section that owns or
operates electric distribution facilities, a public
utility as defined in Section 3-105 of the Public
Utilities Act, or an electric cooperative, as defined in
Section 3-119 of the Public Utilities Act;
(3) credits the value of electricity generated by the
facility to the subscribers of the facility; and
(4) is limited in nameplate capacity to less than or

SB2421 - 18 - LRB103 29079 CPF 55465 b
equal to 5,000 kilowatts.
"Costs incurred in connection with the development and
construction of a facility" means:
(1) the cost of acquisition of all real property,
fixtures, and improvements in connection therewith and
equipment, personal property, and other property, rights,
and easements acquired that are deemed necessary for the
operation and maintenance of the facility;
(2) financing costs with respect to bonds, notes, and
other evidences of indebtedness of the Agency;
(3) all origination, commitment, utilization,
facility, placement, underwriting, syndication, credit
enhancement, and rating agency fees;
(4) engineering, design, procurement, consulting,
legal, accounting, title insurance, survey, appraisal,
escrow, trustee, collateral agency, interest rate hedging,
interest rate swap, capitalized interest, contingency, as
required by lenders, and other financing costs, and other
expenses for professional services; and
(5) the costs of plans, specifications, site study and
investigation, installation, surveys, other Agency costs
and estimates of costs, and other expenses necessary or
incidental to determining the feasibility of any project,
together with such other expenses as may be necessary or
incidental to the financing, insuring, acquisition, and
construction of a specific project and starting up,

SB2421 - 19 - LRB103 29079 CPF 55465 b
commissioning, and placing that project in operation.
"Delivery services" has the same definition as found in
Section 16-102 of the Public Utilities Act.
"Delivery year" means the consecutive 12-month period
beginning June 1 of a given year and ending May 31 of the
following year.
"Department" means the Department of Commerce and Economic
Opportunity.
"Director" means the Director of the Illinois Power
Agency.
"Demand-response" means measures that decrease peak
electricity demand or shift demand from peak to off-peak
periods.
"Distributed renewable energy generation device" means a
device that is:
(1) powered by wind, solar thermal energy,
photovoltaic cells or panels, biodiesel, crops and
untreated and unadulterated organic waste biomass, tree
waste, and hydropower that does not involve new
construction or significant expansion of hydropower dams,
waste heat to power systems, or qualified combined heat
and power systems;
(2) interconnected at the distribution system level of
either an electric utility as defined in this Section, a
municipal utility as defined in this Section that owns or
operates electric distribution facilities, or a rural

SB2421 - 20 - LRB103 29079 CPF 55465 b
electric cooperative as defined in Section 3-119 of the
Public Utilities Act;
(3) located on the customer side of the customer's
electric meter and is primarily used to offset that
customer's electricity load; and
(4) (blank).
"Energy efficiency" means measures that reduce the amount
of electricity or natural gas consumed in order to achieve a
given end use. "Energy efficiency" includes voltage
optimization measures that optimize the voltage at points on
the electric distribution voltage system and thereby reduce
electricity consumption by electric customers' end use
devices. "Energy efficiency" also includes measures that
reduce the total Btus of electricity, natural gas, and other
fuels needed to meet the end use or uses.
"Electric utility" has the same definition as found in
Section 16-102 of the Public Utilities Act.
"Equity investment eligible community" or "eligible
community" are synonymous and mean the geographic areas
throughout Illinois which would most benefit from equitable
investments by the State designed to combat discrimination.
Specifically, the eligible communities shall be defined as the
following areas:
(1) R3 Areas as established pursuant to Section 10-40
of the Cannabis Regulation and Tax Act, where residents
have historically been excluded from economic

SB2421 - 21 - LRB103 29079 CPF 55465 b
opportunities, including opportunities in the energy
sector; and
(2) environmental Environmental justice communities,
as defined by the Illinois Power Agency pursuant to the
Illinois Power Agency Act, where residents have
historically been subject to disproportionate burdens of
pollution, including pollution from the energy sector.
"Equity eligible persons" or "eligible persons" means
persons who would most benefit from equitable investments by
the State designed to combat discrimination, specifically:
(1) persons who graduate from or are current or former
participants in the Clean Jobs Workforce Network Program,
the Clean Energy Contractor Incubator Program, the
Illinois Climate Works Preapprenticeship Program,
Returning Residents Clean Jobs Training Program, or the
Clean Energy Primes Contractor Accelerator Program, and
the solar training pipeline and multi-cultural jobs
program created in paragraphs (a)(1) and (a)(3) of Section
16-208.12 16-108.21 of the Public Utilities Act;
(2) persons who are graduates of or currently enrolled
in the foster care system;
(3) persons who were formerly incarcerated;
(4) persons whose primary residence is in an equity
investment eligible community.
"Equity eligible contractor" means a business that is
majority-owned by eligible persons, or a nonprofit or

SB2421 - 22 - LRB103 29079 CPF 55465 b
cooperative that is majority-governed by eligible persons, or
is a natural person that is an eligible person offering
personal services as an independent contractor.
"Facility" means an electric generating unit or a
co-generating unit that produces electricity along with
related equipment necessary to connect the facility to an
electric transmission or distribution system.
"General contractor Contractor" means the entity or
organization with main responsibility for the building of a
construction project and who is the party signing the prime
construction contract for the project.
"Governmental aggregator" means one or more units of local
government that individually or collectively procure
electricity to serve residential retail electrical loads
located within its or their jurisdiction.
"High voltage direct current converter station" means the
collection of equipment that converts direct current energy
from a high voltage direct current transmission line into
alternating current using Voltage Source Conversion technology
and that is interconnected with transmission or distribution
assets located in Illinois.
"High voltage direct current renewable energy credit"
means a renewable energy credit associated with a renewable
energy resource where the renewable energy resource has
entered into a contract to transmit the energy associated with
such renewable energy credit over high voltage direct current

SB2421 - 23 - LRB103 29079 CPF 55465 b
transmission facilities.
"High voltage direct current transmission facilities"
means the collection of installed equipment that converts
alternating current energy in one location to direct current
and transmits that direct current energy to a high voltage
direct current converter station using Voltage Source
Conversion technology. "High voltage direct current
transmission facilities" includes the high voltage direct
current converter station itself and associated high voltage
direct current transmission lines. Notwithstanding the
preceding, after September 15, 2021 (the effective date of
Public Act 102-662) this amendatory Act of the 102nd General
Assembly, an otherwise qualifying collection of equipment does
not qualify as high voltage direct current transmission
facilities unless its developer entered into a project labor
agreement, is capable of transmitting electricity at 525kv
with an Illinois converter station located and interconnected
in the region of the PJM Interconnection, LLC, and the system
does not operate as a public utility, as that term is defined
in Section 3-105 of the Public Utilities Act.
"Index price" means the real-time energy settlement price
at the applicable Illinois trading hub, such as PJM-NIHUB or
MISO-IL, for a given settlement period.
"Indexed renewable energy credit" means a tradable credit
that represents the environmental attributes of one megawatt
hour of energy produced from a renewable energy resource, the

SB2421 - 24 - LRB103 29079 CPF 55465 b
price of which shall be calculated by subtracting the strike
price offered by a new utility-scale wind project or a new
utility-scale photovoltaic project from the index price in a
given settlement period.
"Indexed renewable energy credit counterparty" has the
same meaning as "public utility" as defined in Section 3-105
of the Public Utilities Act.
"Local government" means a unit of local government as
defined in Section 1 of Article VII of the Illinois
Constitution.
"Municipality" means a city, village, or incorporated
town.
"Municipal utility" means a public utility owned and
operated by any subdivision or municipal corporation of this
State.
"Nameplate capacity" means the aggregate inverter
nameplate capacity in kilowatts AC.
"Person" means any natural person, firm, partnership,
corporation, either domestic or foreign, company, association,
limited liability company, joint stock company, or association
and includes any trustee, receiver, assignee, or personal
representative thereof.
"Project" means the planning, bidding, and construction of
a facility.
"Project labor agreement" means a pre-hire collective
bargaining agreement that covers all terms and conditions of

SB2421 - 25 - LRB103 29079 CPF 55465 b
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.
A labor organization and the general contractor building
the project shall have the authority to include other terms
and conditions as they deem necessary.
"Public utility" has the same definition as found in
Section 3-105 of the Public Utilities Act.
"Qualified combined heat and power systems" means systems
that, either simultaneously or sequentially, produce
electricity and useful thermal energy from a single fuel

SB2421 - 26 - LRB103 29079 CPF 55465 b
source. Such systems are eligible for "renewable energy
credits" in an amount equal to its total energy output where a
renewable fuel is consumed or in an amount equal to the net
reduction in nonrenewable fuel consumed on a total energy
output basis.
"Real property" means any interest in land together with
all structures, fixtures, and improvements thereon, including
lands under water and riparian rights, any easements,
covenants, licenses, leases, rights-of-way, uses, and other
interests, together with any liens, judgments, mortgages, or
other claims or security interests related to real property.
"Renewable energy credit" means a tradable credit that
represents the environmental attributes of one megawatt hour
of energy produced from a renewable energy resource.
"Renewable energy resources" includes energy and its
associated renewable energy credit or renewable energy credits
from wind, solar thermal energy, photovoltaic cells and
panels, biodiesel, anaerobic digestion, crops and untreated
and unadulterated organic waste biomass, and hydropower that
does not involve new construction or significant expansion of
hydropower dams, waste heat to power systems, or qualified
combined heat and power systems. For purposes of this Act,
landfill gas produced in the State is considered a renewable
energy resource. "Renewable energy resources" does not include
the incineration or burning of tires, garbage, general
household, institutional, and commercial waste, industrial

SB2421 - 27 - LRB103 29079 CPF 55465 b
lunchroom or office waste, landscape waste, railroad
crossties, utility poles, or construction or demolition
debris, other than untreated and unadulterated waste wood.
"Renewable energy resources" also includes high voltage direct
current renewable energy credits and the associated energy
converted to alternating current by a high voltage direct
current converter station to the extent that: (1) the
generator of such renewable energy resource contracted with a
third party to transmit the energy over the high voltage
direct current transmission facilities, and (2) the
third-party contracting for delivery of renewable energy
resources over the high voltage direct current transmission
facilities have ownership rights over the unretired associated
high voltage direct current renewable energy credit.
"Retail customer" has the same definition as found in
Section 16-102 of the Public Utilities Act.
"Revenue bond" means any bond, note, or other evidence of
indebtedness issued by the Authority, the principal and
interest of which is payable solely from revenues or income
derived from any project or activity of the Agency.
"Sequester" means permanent storage of carbon dioxide by
injecting it into a saline aquifer, a depleted gas reservoir,
or other pore space or an oil reservoir, directly or through an
enhanced oil recovery process that may involve intermediate
storage, regardless of whether these activities are conducted
by a clean coal facility, a clean coal SNG facility, a clean

SB2421 - 28 - LRB103 29079 CPF 55465 b
coal SNG brownfield facility, or a party with which a clean
coal facility, clean coal SNG facility, or clean coal SNG
brownfield facility has contracted for such purposes.
"Service area" has the same definition as found in Section
16-102 of the Public Utilities Act.
"Settlement period" means the period of time utilized by
MISO and PJM and their successor organizations as the basis
for settlement calculations in the real-time energy market.
"Sourcing agreement" means (i) in the case of an electric
utility, an agreement between the owner of a clean coal
facility and such electric utility, which agreement shall have
terms and conditions meeting the requirements of paragraph (3)
of subsection (d) of Section 1-75, (ii) in the case of an
alternative retail electric supplier, an agreement between the
owner of a clean coal facility and such alternative retail
electric supplier, which agreement shall have terms and
conditions meeting the requirements of Section 16-115(d)(5) of
the Public Utilities Act, and (iii) in case of a gas utility,
an agreement between the owner of a clean coal SNG brownfield
facility and the gas utility, which agreement shall have the
terms and conditions meeting the requirements of subsection
(h-1) of Section 9-220 of the Public Utilities Act.
"Strike price" means a contract price for energy and
renewable energy credits from a new utility-scale wind project
or a new utility-scale photovoltaic project.
"Subscriber" means a person who (i) takes delivery service

SB2421 - 29 - LRB103 29079 CPF 55465 b
from an electric utility, and (ii) has a subscription of no
less than 200 watts to a community renewable generation
project that is located in the electric utility's service
area. No subscriber's subscriptions may total more than 40% of
the nameplate capacity of an individual community renewable
generation project. Entities that are affiliated by virtue of
a common parent shall not represent multiple subscriptions
that total more than 40% of the nameplate capacity of an
individual community renewable generation project.
"Subscription" means an interest in a community renewable
generation project expressed in kilowatts, which is sized
primarily to offset part or all of the subscriber's
electricity usage.
"Substitute natural gas" or "SNG" means a gas manufactured
by gasification of hydrocarbon feedstock, which is
substantially interchangeable in use and distribution with
conventional natural gas.
"Total resource cost test" or "TRC test" means a standard
that is met if, for an investment in energy efficiency or
demand-response measures, the benefit-cost ratio is greater
than one. The benefit-cost ratio is the ratio of the net
present value of the total benefits of the program to the net
present value of the total costs as calculated over the
lifetime of the measures. A total resource cost test compares
the sum of avoided electric utility costs, representing the
benefits that accrue to the system and the participant in the

SB2421 - 30 - LRB103 29079 CPF 55465 b
delivery of those efficiency measures and including avoided
costs associated with reduced use of natural gas or other
fuels, avoided costs associated with reduced water
consumption, and avoided costs associated with reduced
operation and maintenance costs, as well as other quantifiable
societal benefits, to the sum of all incremental costs of
end-use measures that are implemented due to the program
(including both utility and participant contributions), plus
costs to administer, deliver, and evaluate each demand-side
program, to quantify the net savings obtained by substituting
the demand-side program for supply resources. In calculating
avoided costs of power and energy that an electric utility
would otherwise have had to acquire, reasonable estimates
shall be included of financial costs likely to be imposed by
future regulations and legislation on emissions of greenhouse
gases. In discounting future societal costs and benefits for
the purpose of calculating net present values, a societal
discount rate based on actual, long-term Treasury bond yields
should be used. Notwithstanding anything to the contrary, the
TRC test shall not include or take into account a calculation
of market price suppression effects or demand reduction
induced price effects.
"Utility-scale solar project" means an electric generating
facility that:
(1) generates electricity using photovoltaic cells;
and

SB2421 - 31 - LRB103 29079 CPF 55465 b
(2) has a nameplate capacity that is greater than
5,000 kilowatts.
"Utility-scale wind project" means an electric generating
facility that:
(1) generates electricity using wind; and
(2) has a nameplate capacity that is greater than
5,000 kilowatts.
"Waste Heat to Power Systems" means systems that capture
and generate electricity from energy that would otherwise be
lost to the atmosphere without the use of additional fuel.
"Zero emission credit" means a tradable credit that
represents the environmental attributes of one megawatt hour
of energy produced from a zero emission facility.
"Zero emission facility" means a facility that: (1) is
fueled by nuclear power; and (2) is interconnected with PJM
Interconnection, LLC or the Midcontinent Independent System
Operator, Inc., or their successors.
(Source: P.A. 102-662, eff. 9-15-21; revised 6-2-22.)
(20 ILCS 3855/1-80)
Sec. 1-80. Resource Development Bureau. Upon its
establishment by the Agency, the Resource Development Bureau
has the following duties and responsibilities:
(a) At the Agency's discretion, conduct feasibility
studies on the construction of any facility. Funding for a
study shall come from either:

SB2421 - 32 - LRB103 29079 CPF 55465 b
(i) fees assessed by the Agency on municipal
electric systems, governmental aggregators, unit or
units of local government, or rural electric
cooperatives requesting the feasibility study; or
(ii) an appropriation from the General Assembly.
(b) If the Agency undertakes the construction of a
facility, moneys generated from the sale of revenue bonds
by the Authority for the facility shall be used to
reimburse the source of the money used for the facility's
feasibility study.
(c) The Agency may develop, finance, construct, or
operate electric generation and co-generation facilities
that use indigenous coal or renewable resources, or both,
financed with bonds issued by the Authority on behalf of
the Agency. Any such facility that uses coal must be a
clean coal facility and must be constructed in a location
where the geology is suitable for carbon sequestration.
The Agency may also develop, finance, construct, or
operate a carbon sequestration facility.
(1) The Agency may enter into contractual
arrangements with private and public entities,
including but not limited to municipal electric
systems, governmental aggregators, and rural electric
cooperatives, to plan, site, construct, improve,
rehabilitate, and operate those electric generation
and co-generation facilities. No contract shall be

SB2421 - 33 - LRB103 29079 CPF 55465 b
entered into by the Agency that would jeopardize the
tax-exempt status of any bond issued in connection
with a project for which the Agency entered into the
contract.
(2) The Agency shall hold at least one public
hearing before entering into any such contractual
arrangements. At least 30-days' notice of the hearing
shall be given by publication once in each week during
that period in 6 newspapers within the State, at least
one of which has a circulation area that includes the
location of the proposed facility.
(3) (Blank). The first facility that the Agency
develops, finances, or constructs shall be a facility
that uses coal produced in Illinois. The Agency may,
however, also develop, finance, or construct renewable
energy facilities after work on the first facility has
commenced.
(4) The Agency may not develop, finance, or
construct a nuclear power plant.
(5) The Agency shall assess fees to applicants
seeking to partner with the Agency on projects.
(d) Use of electricity generated by the Agency's
facilities. The Agency may supply electricity produced by
the Agency's facilities to municipal electric systems,
governmental aggregators, or rural electric cooperatives
in Illinois. The electricity shall be supplied at cost.

SB2421 - 34 - LRB103 29079 CPF 55465 b
(1) Contracts to supply power and energy from the
Agency's facilities shall provide for the effectuation
of the policies set forth in this Act.
(2) The contracts shall also provide that,
notwithstanding any provision in the Public Utilities
Act, entities supplied with power and energy from an
Agency facility shall supply the power and energy to
retail customers at the same price paid to purchase
power and energy from the Agency.
(e) Electric utilities shall not be required to purchase
electricity directly or indirectly from facilities developed
or sponsored by the Agency.
(f) The Agency may sell excess capacity and excess energy
into the wholesale electric market at prevailing market rates;
provided, however, the Agency may not sell excess capacity or
excess energy through the procurement process described in
Section 16-111.5 of the Public Utilities Act.
(g) The Agency shall not directly sell electric power and
energy to retail customers. Nothing in this paragraph shall be
construed to prohibit sales to municipal electric systems,
governmental aggregators, or rural electric cooperatives.
(Source: P.A. 99-536, eff. 7-8-16.)
Section 55. The Carbon Dioxide Transportation and
Sequestration Act is amended by changing Sections 10, 15, and
20 as follows:

SB2421 - 35 - LRB103 29079 CPF 55465 b
(220 ILCS 75/10)
Sec. 10. Definitions. As used in this Act:
"Carbon dioxide pipeline" or "pipeline" has the same
meaning as defined in Section 10 of the Carbon Dioxide
Transport and Storage Protections Act means the in-state
portion of a pipeline, including appurtenant facilities,
property rights, and easements, that are used exclusively for
the purpose of transporting carbon dioxide to a point of sale,
storage, enhanced oil recovery, or other carbon management
application.
"Clean coal facility" has the meaning ascribed to that
term in Section 1-10 of the Illinois Power Agency Act.
"Clean coal SNG facility" has the meaning ascribed to that
term in Section 1-10 of the Illinois Power Agency Act.
"Commission" means the Illinois Commerce Commission.
"Sequester" has the meaning ascribed to that term in
Section 1-10 of the Illinois Power Agency Act.
"Transportation" has the same meaning as defined in
Section 10 of the Carbon Dioxide Transport and Storage
Protections Act means the physical movement of carbon dioxide
by pipeline conducted for a person's own use or account or the
use or account of another person or persons.
(Source: P.A. 97-534, eff. 8-23-11.)
(220 ILCS 75/15)

SB2421 - 36 - LRB103 29079 CPF 55465 b
Sec. 15. Scope. This Act applies to the application
process for the issuance of a certificate of authority by an
owner or operator of a pipeline designed, constructed, and
operated to transport and to sequester carbon dioxide produced
by a clean coal facility, by a clean coal SNG facility, or by
any other source that will result in the reduction of carbon
dioxide emissions from that source.
(Source: P.A. 97-534, eff. 8-23-11.)
(220 ILCS 75/20)
Sec. 20. Application.
(a) No person or entity may construct, operate, or repair
a carbon dioxide pipeline unless the person or entity
possesses a certificate of authority.
(a-5) Before filing an application for a certificate of
authority with the Commission, a person or entity seeking the
certificate must:
(1) hold at least one informational public meeting in
each county in which the pipeline it seeks would be
located, at which the person or entity must:
(A) present a map of the proposed pipeline route
under consideration;
(B) provide, at a minimum, information about the
diameter of the pipeline it intends to propose, the
contents, flow rate, pressure, and temperature of the
pipeline, and the ancillary equipment associated with

SB2421 - 37 - LRB103 29079 CPF 55465 b
the pipeline;
(C) present any emergency response plan it has
drafted or is preparing; and
(D) be prepared to answer questions from the
public concerning the pipeline.
(2) consult with the boards of all counties and, if
the proposed pipeline would pass through any
municipalities, all municipal governments through which
the pipeline would pass, on:
(A) zoning;
(B) emergency response planning;
(C) road crossings, road use, road repair, and
road bonding;
(D) right-of-way agreements for county and
municipal land; and
(E) pipeline abandonment;
(3) during at least one public meeting of the county
boards or municipal bodies with whom the consultation
is taking place, introduce a presentation on each
subject of the consultation and seek public input on
the information presented; and
(4) compile an accurate, verified list of all occupied
residences, businesses, schools, day cares, and health
care facilities located within 1.5 miles of the proposed
pipeline route.
The person or entity must submit the list compiled under

SB2421 - 38 - LRB103 29079 CPF 55465 b
paragraph (4) to the county and municipal governments of any
county and municipality through which the proposed pipeline is
projected to pass before filing person or entity's application
under this Section.
(b) The Commission, after a hearing, may grant an
application for a certificate of authority authorizing the
construction and operation of a carbon dioxide pipeline if it
makes a specific written finding as to each of the following:
(1) the application was properly filed;
(2) the applicant is fit, willing, and able to
construct and operate the pipeline in compliance with this
Act and with Commission regulations and orders of the
Commission or any applicable federal agencies;
(3) the applicant has entered into an agreement with a
clean coal facility, a clean coal SNG facility, or any
other source that will result in the reduction of carbon
dioxide emissions from that source;
(4) the applicant has filed with the Pipeline and
Hazardous Materials Safety Administration of the U.S.
Department of Transportation all forms required by that
agency in advance of constructing a carbon dioxide
pipeline;
(5) the applicant has filed with the U.S. Army Corps
of Engineers all applications for permits required by that
agency in advance of constructing a carbon dioxide
pipeline;

SB2421 - 39 - LRB103 29079 CPF 55465 b
(6) the applicant has entered into an agreement with
the Illinois Department of Agriculture that governs the
mitigation of agricultural impacts associated with the
construction of the proposed pipeline;
(7) the applicant possesses the financial, managerial,
legal, and technical qualifications necessary to construct
and operate the proposed carbon dioxide pipeline; and
(7.5) the applicant has demonstrated that its proposed
pipeline route would satisfy the setback mandates
established in Section 9.19 of the Illinois Environmental
Protection Act or that the applicant has obtained an
approved variance or adjusted standard from those setback
requirements from the Illinois Pollution Control Board;
(7.10) the applicant has submitted proof of receipt by
county and municipal government officials of counties and
municipalities through which the proposed pipeline will
pass of the list of all occupied residences, businesses,
schools, day cares, and health care facilities located
within 2 miles of its proposed pipeline route;
(7.15) the applicant has submitted proof that it has
obtained easements or title from all persons owning any
portion of the property the applicant seeks to utilize for
the construction, maintenance, or operation of the
proposed carbon dioxide pipeline;
(7.20) the applicant has provided an analysis of
geohazards, including, but not limited to, slope

SB2421 - 40 - LRB103 29079 CPF 55465 b
instability, frost heave, soil settlement, erosion,
earthquakes, mine subsidence, or other dynamic geologic,
edaphic, and meteorological conditions along the proposed
pipeline route, and has demonstrated that the proposed
route avoids geohazards to the maximum extent possible;
and
(8) the proposed pipeline is consistent with the
public interest and , public benefit, and legislative
purpose as set forth in this Act. In addition to any other
evidence the Commission may consider on this specific
finding, the Commission shall consider the following:
(A) any evidence of the effect of the pipeline
upon the economy, infrastructure, environment, and
public safety presented by local governmental units
that will be affected by the proposed pipeline route;
(B) any evidence of the effect of the pipeline
upon property values presented by property owners who
will be affected by the proposed pipeline or facility,
provided that the Commission need not hear evidence as
to the actual valuation of property such as that as
would be presented to and determined by the courts
under the Eminent Domain Act;
(C) any evidence presented by the Department of
Commerce and Economic Opportunity regarding the
current and future local, State-wide, or regional
economic effect, direct or indirect, of the proposed

SB2421 - 41 - LRB103 29079 CPF 55465 b
pipeline or facility including, but not limited to,
ability of the State to attract economic growth, meet
future energy requirements, and ensure compliance with
environmental requirements and goals;
(D) any evidence addressing the factors described
in items (1) through (8) of this subsection (b) or
other relevant factors that is presented by any other
State agency, the applicant, a party, or other entity
that participates in the proceeding, including
evidence presented by the Commission's staff; and
(E) any evidence presented by any State or federal
governmental entity as to how the proposed pipeline
will affect the security, stability, and reliability
of energy.
In its written order, the Commission shall address all of
the evidence presented, and if the order is contrary to any of
the evidence, the Commission shall state the reasons for its
determination with regard to that evidence.
(c) When an applicant files its application for a
certificate of authority with the Commission, it shall provide
notice to each local government where the proposed pipeline
will be located and include a map of the proposed pipeline
route. The applicant shall also publish notice in a newspaper
of general circulation in each county where the proposed
pipeline is located.
(d) An application for a certificate of authority filed

SB2421 - 42 - LRB103 29079 CPF 55465 b
pursuant to this Section shall request either that the
Commission review and approve a specific route for a carbon
dioxide pipeline, or that the Commission review and approve a
project route width that identifies the areas in which the
pipeline would be located, with such width ranging from the
minimum width required for a pipeline right-of-way up to 200
feet in width. A map of the route or route width shall be
included in the application. The purpose for allowing the
option of review and approval of a project route width is to
provide increased flexibility during the construction process
to accommodate specific landowner requests, avoid
environmentally sensitive areas, or address special
environmental permitting requirements.
(e) The Commission's rules shall ensure that notice of an
application for a certificate of authority is provided within
30 days after filing to the landowners along a proposed
project route, or to the potentially affected landowners
within a proposed project route width, using the notification
procedures set forth in the Commission's rules. If the
Commission grants approval of a project route width as opposed
to a specific project route, then the applicant must, as it
finalizes the actual pipeline alignment within the project
route width, file its final list of affected landowners with
the Commission at least 14 days in advance of beginning
construction on any tract within the project route width and
also provide the Commission with at least 14 days' notice

SB2421 - 43 - LRB103 29079 CPF 55465 b
before filing a complaint for eminent domain in the circuit
court with regard to any tract within the project route width.
(f) The Commission shall make its determination on any
application for a certificate of authority filed pursuant to
this Section and issue its final order within 11 months after
the date that the application is filed. The Commission's
failure to act within this time period shall not be deemed an
approval or denial of the application.
(g) A final order of the Commission granting a certificate
of authority pursuant to this Act shall not be issued until the
applicant has obtained be conditioned upon the applicant
obtaining all required permits or approvals from the Pipeline
and Hazardous Materials Safety Administration of the U.S.
Department of Transportation, U.S. Army Corps of Engineers,
and Illinois Department of Agriculture, in addition to all
other permits and approvals necessary for the construction and
operation of the pipeline prior to the start of any
construction. The final order must specifically prohibit the
start of any construction until all such permits and approvals
have been obtained.
(h) Within 6 months after the Commission's entry of an
order approving either a specific route or a project route
width under this Section, the owner or operator of the carbon
dioxide pipeline that receives that order may file
supplemental applications for minor route deviations outside
the approved project route width, allowing for additions or

SB2421 - 44 - LRB103 29079 CPF 55465 b
changes to the approved route to address environmental
concerns encountered during construction or to accommodate
landowner requests. The supplemental application shall
specifically detail the environmental concerns or landowner
requests prompting the route changes, including the names of
any landowners or entities involved. Notice of a supplemental
application shall be provided to any State agency or unit of
local government that appeared in the original proceeding and
to any landowner affected by the proposed route deviation at
the time that supplemental application is filed. The route
deviations shall be approved by the Commission no sooner than
90 days after all interested parties receive notice of the
supplemental application, unless a written objection is filed
to the supplemental application within 45 days after such
notice is received. If a written objection is filed, then the
Commission shall issue an order either granting or denying the
route deviation within 90 days after the filing of the
objection. Hearings on any such supplemental application shall
be limited to the reasonableness of the specific variance
proposed, and the issues of the public interest and benefit of
the project or fitness of the applicant shall be considered
only to the extent that the route deviation has raised new
concerns with regard to those issues.
(i) A certificate of authority to construct and operate a
carbon dioxide pipeline issued by the Commission shall contain
and include all of the following: (1) a grant of authority to

SB2421 - 45 - LRB103 29079 CPF 55465 b
construct and operate a carbon dioxide pipeline as requested
in the application, subject to the laws of this State. ; and
(2) a limited grant of authority to take and acquire
an easement in any property or interest in property for
the construction, maintenance, or operation of a carbon
dioxide pipeline in the manner provided for the exercise
of the power of eminent domain under the Eminent Domain
Act. The limited grant of authority shall be restricted
to, and exercised solely for, the purpose of siting,
rights-of-way, and easements appurtenant, including
construction and maintenance. The applicant shall not
exercise this power until it has used reasonable and good
faith efforts to acquire the property or easement thereto.
The applicant may thereafter use this power when the
applicant determines that the easement is necessary to
avoid unreasonable delay or economic hardship to the
progress of activities carried out pursuant to the
certificate of authority.
(Source: P.A. 97-534, eff. 8-23-11.)
Section 60. The Environmental Protection Act is amended by
changing Sections 21, 39, and 40 and by adding Sections 3.121,
3.132, 3.133, 3.134, 3.136, 3.446, 3.447, 9.19, 9.20, and
22.63 as follows:
(415 ILCS 5/3.121 new)

SB2421 - 46 - LRB103 29079 CPF 55465 b
Sec. 3.121. Area of review. "Area of review" means the
region surrounding a geologic carbon dioxide sequestration
project where groundwater classified as Class 1, Class 2, or
Class 3 under 35 Ill. Adm. Code Part 620, Subpart B may be
endangered by the injection of carbon dioxide. An "area of
review" is delineated using computational modeling that
accounts for the physical and chemical properties of all
phases of the injected carbon dioxide stream and displaced
fluids and is based on available site characterization,
monitoring, and operational data specified in the Board's
rules adopted under Section 22.63.
(415 ILCS 5/3.132 new)
Sec. 3.132. Carbon dioxide capture project. "Carbon
dioxide capture project" means a project that uses a process
to separate carbon dioxide from industrial or energy-related
sources, other than oil or gas production from a well, and
produces a concentrated fluid of carbon dioxide. "Carbon
dioxide capture project" includes carbon dioxide captured as
part of a research and development project or a project funded
by research and development, unless the operator demonstrates
to the satisfaction of the Agency that the project meets
criteria for exclusion as a "carbon dioxide capture project"
under rules adopted by the Board under subsection (g) of
Section 9.20.

SB2421 - 47 - LRB103 29079 CPF 55465 b
(415 ILCS 5/3.133 new)
Sec. 3.133. Carbon dioxide pipeline. "Carbon dioxide
pipeline" has the same meaning as defined in Section 10 of the
Carbon Dioxide Transportation and Sequestration Act.
(415 ILCS 5/3.134 new)
Sec. 3.134. Concentrated carbon dioxide fluid.
"Concentrated carbon dioxide fluid" means a fluid that
contains a concentration of carbon dioxide that is
proportionately greater than the ambient atmospheric
concentration of carbon dioxide.
(415 ILCS 5/3.136 new)
Sec. 3.136. Confining zone. "Confining zone" means a
geologic formation, a group of geologic formations, or part of
a geologic formation stratigraphically overlying a zone of
carbon dioxide injection that acts as a barrier to fluid
movement.
(415 ILCS 5/3.446 new)
Sec. 3.446. Sequestration. "Sequestration" has the same
meaning as defined in Section 10 of the Carbon Dioxide
Transport and Storage Protections Act.
(415 ILCS 5/3.447 new)
Sec. 3.447. Sequestration facility. "Sequestration

SB2421 - 48 - LRB103 29079 CPF 55465 b
facility" has the same meaning as defined in Section 10 of the
Carbon Dioxide Transport and Storage Protections Act.
(415 ILCS 5/9.19 new)
Sec. 9.19. Setbacks from carbon dioxide pipelines.
(a) The General Assembly finds that:
(1) Carbon dioxide is an asphyxiant. A carbon dioxide
leak from a carbon dioxide pipeline poses a risk of grave
harm to human health and the environment.
(2) Setbacks from occupied structures and high-density
areas are necessary to protect against potential harm from
carbon dioxide pipeline leaks.
(b) No carbon dioxide pipeline, pump, or compressor
station may be located any closer than within:
(1) one mile of an occupied residential property,
except that if the occupied residential property is part
of a development that includes 10 or more occupied
residential properties the carbon dioxide pipeline may not
be located within 1.5 miles of the occupied residential
property;
(2) one mile of a commercial property containing a
business with fewer than 10 employees;
(3) one mile of a livestock facility containing 100
animals or more;
(4) 1.5 miles of a residential, commercial, or
industrial structure or facility that typically contain 10

SB2421 - 49 - LRB103 29079 CPF 55465 b
or more persons;
(5) two miles of a structure containing 10 or more
persons with limited mobility, including, but not limited
to, nursing homes and hospitals; or
(6) two miles of a structure with a permitted
occupancy of 100 or more persons, including, but not
limited to, schools, places of worship, shopping
facilities, and entertainment facilities.
(c) Setback distances from carbon dioxide pipelines shall
be measured from the center line of the carbon dioxide
pipeline. Setback distances from pumps and compressor stations
shall be measured from the property line of the pump or
compressor station.
(d) A unit of local government may require setbacks
greater than the minimums established under this Section.
(e) No adjusted standard, variance, or other regulatory
relief otherwise available under this Act may be granted for
the minimum setback mandates of this Section unless, in
addition to satisfying the general requirements for an
adjusted standard under Section 28.1 or the standards for a
variance under Section 35, as applicable, a person seeking to
build or operate a carbon dioxide pipeline includes in the
petition for an adjusted standard or variance:
(1) computational fluid dynamic computer modeling
showing the dispersion of a plume of carbon dioxide
following a worst-case rupture of the proposed carbon

SB2421 - 50 - LRB103 29079 CPF 55465 b
dioxide pipeline, considering the rupture in both typical
and still-air weather conditions in topography typical in
the applicable county;
(2) data and analysis demonstrating that the carbon
dioxide pipeline is proposed to be constructed a
sufficient distance from an occupied structure so that
carbon dioxide concentrations in or near the occupied
structure will not intoxicate, asphyxiate, or otherwise
harm the health of any humans or livestock therein; and
(3) an explanation of the reasons that the setbacks
established under this Section are not practicable.
(415 ILCS 5/9.20 new)
Sec. 9.20. Carbon dioxide capture.
(a) The General Assembly finds that:
(1) The capture of carbon dioxide from industrial
facilities, including, but not limited to, ethanol plants
and methane processing facilities, and electric-generation
facilities requires a significant amount of power to
undertake, the generation of which can increase harmful
air and water pollutants.
(2) The capture of carbon dioxide generally requires
significant volumes of water that could be used for
domestic, agricultural, recreational, or industrial uses.
(3) The capture of carbon dioxide from industrial and
electric-generation facilities has often failed to meet

SB2421 - 51 - LRB103 29079 CPF 55465 b
objectives for capture and thus allowed more carbon
dioxide pollution into the atmosphere than proposed.
(4) The State of Illinois has a long-standing policy
to restore, protect, and enhance the environment,
including the purity of the air, land, and waters, such as
groundwaters, of this State.
(5) A clean environment is essential to the growth and
well-being of this State.
(6) The capture of carbon dioxide from industrial and
electric-generation facilities will not achieve Illinois'
longstanding policy to restore, protect, and enhance the
environment unless clear standards are adopted to require
the reduction of air and water pollution associated with
carbon capture, to limit water use when other important
uses are in jeopardy, and to ensure that carbon capture
does not interfere with Illinois reaching its clean energy
goals.
(7) Meaningful participation of State residents,
especially vulnerable populations who may be affected by
regulatory actions, is critical to ensure that
environmental justice considerations are incorporated in
the development of, decision-making related to, and
implementation of environmental laws and rules that
protect and improve the well-being of communities in this
State that bear disproportionate burdens imposed by
environmental pollution.

SB2421 - 52 - LRB103 29079 CPF 55465 b
(a-5) The purpose of this Section is to promote a
healthful environment, including clean water, air, and land,
meaningful public involvement, and to ensure only the
responsible capture of carbon dioxide occurs in Illinois so as
to protect public health and to prevent pollution of the
environment.
(a-10) The provisions of this Section shall be liberally
construed to carry out the purpose of this Section as stated in
subsection (a-5).
(b) A person who seeks to construct or operate a carbon
dioxide capture project in Illinois must first obtain a permit
from the Agency in accordance with the rules adopted under
subsection (g).
(c) A person who seeks to capture carbon dioxide from an
industrial or electric-generation facility in Illinois must,
before seeking a permit in accordance with the rules adopted
under subsection (g), first conduct an environmental impact
analysis. The environmental impact analysis must:
(1) include a statement of the purpose of and need for
the proposed carbon capture project;
(2) include a greenhouse gas (GHG) inventory analysis,
including, but not limited to, Scope 1, 2, and 3 emissions
set forth in guidance published by the United States
Environmental Protection Agency, of the total GHG
emissions associated with the carbon dioxide capture
project, together with a demonstration that the Scope 1,

SB2421 - 53 - LRB103 29079 CPF 55465 b
2, and 3 GHG emissions associated with the carbon dioxide
capture project, converted into carbon dioxide equivalent
consistent with rules adopted and guidance published by
the United States Environmental Protection Agency by rule,
will not exceed the total amount of GHG emissions
associated with the carbon dioxide capture project on an
annual basis for each year the project remains in
operation;
(3) include a water impact analysis that details:
(A) the water sources likely to be impacted by the
capture of carbon dioxide from the facility;
(B) current uses of those water sources;
(C) potential or certain impacts to those water
sources from capture of carbon dioxide from the
facility, including, but not limited to, impacts on
water quantity, quality, and the current use of water;
(D) the duration of the impacts to water
associated with the capture of carbon dioxide from the
facility; and
(E) methods the applicant will use to minimize
both water use and impacts to water quality associated
with the capture dioxide capture project;
(4) include an alternatives analysis that evaluates
other reasonable alternatives for reducing the same
quantity of carbon dioxide as is proposed to be captured
at the facility, including, but not limited to:

SB2421 - 54 - LRB103 29079 CPF 55465 b
(A) if the carbon dioxide is proposed to be
captured at a facility that generates electricity,
energy-generation alternatives such as renewable
energy, energy storage, or energy efficiency;
(B) if the carbon dioxide is proposed to be
captured at a facility that produces fuel for vehicles
or equipment, alternatives such as the use of electric
vehicles; and
(C) if the carbon dioxide is proposed to be
captured at an industrial facility, alternative
industrial processes that could reduce the amount of
carbon dioxide generated from that industry;
for each alternative identified under this paragraph
(4), the person seeking to capture carbon dioxide shall
complete a greenhouse gas emissions inventory and analysis
of the alternative consistent with subparagraph (B) and a
water impacts analysis addressing the factors set out in
subparagraph (C); and
(5) be developed with public input, including, but not
limited to, by making a draft version of the analysis
available on a public website for not less than 60 days and
accepting comments on the proposed analysis for the
entirety of that 60-period, together with a public meeting
at least 14 days after the posting of the draft on the
public website that provides a meaningful opportunity for
the public to ask questions, have those questions

SB2421 - 55 - LRB103 29079 CPF 55465 b
answered, and provide comment on the draft; the final
environmental analysis must include responses to public
comments, identify all changes to the analysis made in
response to those comments, and be made available to the
public on a public website.
(d) No permit for the capture of carbon dioxide may be
issued unless:
(1) the Illinois State Water Survey has reviewed the
water impact analysis required under subsection (c),
information concerning water supply and uses, and public
comments and has concluded that the proposed carbon
capture project will not have significant adverse effects
on water supply or current or future potential uses of the
water source; and
(2) the permit sets out conditions:
(A) developed in consultation with the Illinois
State Water Survey;
(B) that take public comments into consideration;
(C) under which the project operator must reduce
the volume or rate of water that may be used for the
capture of carbon dioxide; and
(D) under which the use of water for carbon
capture must be halted altogether.
(e) No permit for the capture of carbon dioxide may be
issued unless the permit applicant demonstrates that there
will be zero noncarbon dioxide air pollution emissions

SB2421 - 56 - LRB103 29079 CPF 55465 b
associated with the carbon dioxide capture project, including,
but not limited to, emissions emitted directly by the
operation of the carbon dioxide capture equipment itself and
any increase in emissions at the facility from which carbon
dioxide is captured relative to the baseline following
installation of the carbon dioxide capture process. The
applicant may meet this requirement by demonstrating that:
(1) pollution control technology will be installed and
operated, or existing control technology will be operated,
so as to eliminate any noncarbon dioxide air emissions
associated with the use of carbon capture; or
(2) the facility will reduce operations sufficient to
eliminate any noncarbon dioxide air emissions associated
with the use of carbon capture.
The Board shall establish requirements by rule for
determining baseline emissions from each industrial or
electric-generation facility for purposes of determining which
noncarbon dioxide air emissions are associated with the use of
carbon capture at those facilities. For existing facilities,
the baseline shall be calculated using the 12-month average of
emissions for the three 12-month periods before January 31,
2023. For new facilities, the baseline shall be determined
using the best available control technology for the relevant
air pollutants and facility and assuming fuel consumption and
hours of operation of the facility consistent with that of
facilities of similar size.

SB2421 - 57 - LRB103 29079 CPF 55465 b
(f) No permit for a carbon dioxide capture project may be
issued unless:
(1) the operator can identify the end use or
destination of all carbon dioxide streams from the
proposed project;
(2) if the destination includes sequestration within
the State, the operator demonstrates that the
sequestration site is permitted in accordance with Section
22.63;
(3) the applicant demonstrates that the project will
capture an annual average of no less than 90% of the total
carbon dioxide emissions from the facility; and
(4) the permit disallows all noncarbon dioxide air
emissions associated with the use of carbon capture and
specifies each mechanism by which the applicant must meet
that condition.
(g) The Board shall adopt rules establishing permit
requirements under this Section and other standards for carbon
dioxide capture projects. The rules shall be proposed by the
Agency not later than one year after the effective date of this
amendatory Act of the 103rd General Assembly and adopted by
the Board not later than 2 years after receipt of the Agency's
proposal. The rules must, at a minimum:
(1) be no less protective than federal and State
requirements for air pollution and water pollution;
(2) specify the minimum content of applications for a

SB2421 - 58 - LRB103 29079 CPF 55465 b
permit to capture carbon dioxide, which shall include, but
shall not be limited to:
(A) the environmental impacts analyses required
under subsection (c);
(B) identification of whether the proposed carbon
capture project would take place in an area of
environmental justice concern; and
(C) documentation and analyses sufficient to
demonstrate compliance with all applicable rules
adopted under this Section for the capture of carbon
dioxide from industrial and electric-generation
facilities;
(3) specify:
(A) the frequency at which permits for the capture
of carbon dioxide expire and must be renewed;
(B) the circumstances under which a permittee must
seek a permit modification; and
(C) the circumstances under which the Agency may
temporarily or permanently revoke a permit for the
capture of carbon dioxide;
(4) specify standards for review, approval, and denial
of applications for a permit to capture carbon dioxide by
the Agency; the standards for denial must include, but are
not limited to, failure of the applicant to submit an
environmental impacts analysis meeting the requirements
under subsection (c) or to satisfy the requirements of

SB2421 - 59 - LRB103 29079 CPF 55465 b
subsection (e);
(5) specify meaningful procedures for public
participation in the issuance of permits for the capture
of carbon dioxide, including, but not limited to:
(A) public notice of the submission of permit
applications;
(B) posting the full permit application, the draft
and final permitting actions by the Agency, and the
Agency's response to comments on a public website;
(C) an opportunity for the submission of public
comments;
(D) an opportunity for a public hearing prior
before the permit is issued; and
(E) a summary and response of the comments
prepared by the Agency;
(6) when the capture of carbon dioxide is proposed to
take place in an area of environmental justice concern,
specify further opportunities for public participation,
including, but not limited to, public meetings,
translations of relevant documents into other languages
for residents with limited English proficiency, and
interpretation services at public meetings and hearings;
(7) specify a procedure to identify areas of
environmental justice concern in relation to sequestration
facilities;
(8) set out requirements for frequent, comprehensive

SB2421 - 60 - LRB103 29079 CPF 55465 b
reporting by permittees to the Agency, including, but not
limited to:
(A) the noncarbon dioxide air emissions associated
with the use of carbon capture, including, but not
limited to, those emissions resulting from the use of
fuel to power the carbon capture process;
(B) GHG emissions associated with the use of
carbon capture;
(C) the total amount, in tons, of carbon dioxide
captured at the facility;
(D) the total amount, in tons, of carbon dioxide
not captured and released into the atmosphere at the
facility;
(E) the date, time, duration, cause, and amount of
carbon dioxide released rather than captured as a
result of all outages or downtime of capture equipment
at the facility;
(F) information concerning water use and impacts
to water supply and uses associated with the use of
carbon capture at the facility; and
(G) the end use and destination of all carbon
dioxide streams from the project;
(9) establish criteria for the exclusion from
permitting requirements of carbon capture projects
performed for the purpose of, or financed by funding for,
research and development; the criteria shall ensure that

SB2421 - 61 - LRB103 29079 CPF 55465 b
only those projects that capture small amounts of carbon
dioxide and pose minimal risk to human health and the
environmental qualify for the exclusion; and
(10) specify whether the permit requirements for
carbon dioxide capture set out in the rules may be added to
the requirements for a permit that a carbon dioxide
capture permit applicant is otherwise required to obtain,
or whether the applicant must obtain a separate permit for
the capture of carbon dioxide.
(h) The permit requirements set forth in this Section are
in addition to any requirements set forth under any other
State or federal law, including, but not limited to, the
federal Clean Air Act, the federal Clean Water Act, the
federal Resource Conservation and Recovery Act, and the
federal Safe Water Drinking Act.
(415 ILCS 5/21) (from Ch. 111 1/2, par. 1021)
Sec. 21. Prohibited acts. No person shall:
(a) Cause or allow the open dumping of any waste.
(b) Abandon, dump, or deposit any waste upon the public
highways or other public property, except in a sanitary
landfill approved by the Agency pursuant to regulations
adopted by the Board.
(c) Abandon any vehicle in violation of the "Abandoned
Vehicles Amendment to the Illinois Vehicle Code", as enacted
by the 76th General Assembly.

SB2421 - 62 - LRB103 29079 CPF 55465 b
(d) Conduct any waste-storage, waste-treatment, or
waste-disposal operation:
(1) without a permit granted by the Agency or in
violation of any conditions imposed by such permit,
including periodic reports and full access to adequate
records and the inspection of facilities, as may be
necessary to assure compliance with this Act and with
regulations and standards adopted thereunder; provided,
however, that, except for municipal solid waste landfill
units that receive waste on or after October 9, 1993, and
CCR surface impoundments, no permit shall be required for
(i) any person conducting a waste-storage,
waste-treatment, or waste-disposal operation for wastes
generated by such person's own activities which are
stored, treated, or disposed within the site where such
wastes are generated, (ii) until one year after the
effective date of rules adopted by the Board under
subsection (n) of Section 22.38, a facility located in a
county with a population over 700,000 as of January 1,
2000, operated and located in accordance with Section
22.38 of this Act, and used exclusively for the transfer,
storage, or treatment of general construction or
demolition debris, provided that the facility was
receiving construction or demolition debris on August 24,
2009 (the effective date of Public Act 96-611), or (iii)
any person conducting a waste transfer, storage,

SB2421 - 63 - LRB103 29079 CPF 55465 b
treatment, or disposal operation, including, but not
limited to, a waste transfer or waste composting
operation, under a mass animal mortality event plan
created by the Department of Agriculture;
(2) in violation of any regulations or standards
adopted by the Board under this Act;
(3) which receives waste after August 31, 1988, does
not have a permit issued by the Agency, and is (i) a
landfill used exclusively for the disposal of waste
generated at the site, (ii) a surface impoundment
receiving special waste not listed in an NPDES permit,
(iii) a waste pile in which the total volume of waste is
greater than 100 cubic yards or the waste is stored for
over one year, or (iv) a land treatment facility receiving
special waste generated at the site; without giving notice
of the operation to the Agency by January 1, 1989, or 30
days after the date on which the operation commences,
whichever is later, and every 3 years thereafter. The form
for such notification shall be specified by the Agency,
and shall be limited to information regarding: the name
and address of the location of the operation; the type of
operation; the types and amounts of waste stored, treated
or disposed of on an annual basis; the remaining capacity
of the operation; and the remaining expected life of the
operation.
Item (3) of this subsection (d) shall not apply to any

SB2421 - 64 - LRB103 29079 CPF 55465 b
person engaged in agricultural activity who is disposing of a
substance that constitutes solid waste, if the substance was
acquired for use by that person on his own property, and the
substance is disposed of on his own property in accordance
with regulations or standards adopted by the Board.
This subsection (d) shall not apply to hazardous waste.
(e) Dispose, treat, store or abandon any waste, or
transport any waste into this State for disposal, treatment,
storage or abandonment, except at a site or facility which
meets the requirements of this Act and of regulations and
standards thereunder.
(f) Conduct any hazardous waste-storage, hazardous
waste-treatment or hazardous waste-disposal operation:
(1) without a RCRA permit for the site issued by the
Agency under subsection (d) of Section 39 of this Act, or
in violation of any condition imposed by such permit,
including periodic reports and full access to adequate
records and the inspection of facilities, as may be
necessary to assure compliance with this Act and with
regulations and standards adopted thereunder; or
(2) in violation of any regulations or standards
adopted by the Board under this Act; or
(3) in violation of any RCRA permit filing requirement
established under standards adopted by the Board under
this Act; or
(4) in violation of any order adopted by the Board

SB2421 - 65 - LRB103 29079 CPF 55465 b
under this Act.
Notwithstanding the above, no RCRA permit shall be
required under this subsection or subsection (d) of Section 39
of this Act for any person engaged in agricultural activity
who is disposing of a substance which has been identified as a
hazardous waste, and which has been designated by Board
regulations as being subject to this exception, if the
substance was acquired for use by that person on his own
property and the substance is disposed of on his own property
in accordance with regulations or standards adopted by the
Board.
(g) Conduct any hazardous waste-transportation operation:
(1) without registering with and obtaining a special
waste hauling permit from the Agency in accordance with
the regulations adopted by the Board under this Act; or
(2) in violation of any regulations or standards
adopted by the Board under this Act.
(h) Conduct any hazardous waste-recycling or hazardous
waste-reclamation or hazardous waste-reuse operation in
violation of any regulations, standards or permit requirements
adopted by the Board under this Act.
(i) Conduct any process or engage in any act which
produces hazardous waste in violation of any regulations or
standards adopted by the Board under subsections (a) and (c)
of Section 22.4 of this Act.
(j) Conduct any special waste-transportation operation in

SB2421 - 66 - LRB103 29079 CPF 55465 b
violation of any regulations, standards or permit requirements
adopted by the Board under this Act. However, sludge from a
water or sewage treatment plant owned and operated by a unit of
local government which (1) is subject to a sludge management
plan approved by the Agency or a permit granted by the Agency,
and (2) has been tested and determined not to be a hazardous
waste as required by applicable State and federal laws and
regulations, may be transported in this State without a
special waste hauling permit, and the preparation and carrying
of a manifest shall not be required for such sludge under the
rules of the Pollution Control Board. The unit of local
government which operates the treatment plant producing such
sludge shall file an annual report with the Agency identifying
the volume of such sludge transported during the reporting
period, the hauler of the sludge, and the disposal sites to
which it was transported. This subsection (j) shall not apply
to hazardous waste.
(k) Fail or refuse to pay any fee imposed under this Act.
(l) Locate a hazardous waste disposal site above an active
or inactive shaft or tunneled mine or within 2 miles of an
active fault in the earth's crust. In counties of population
less than 225,000 no hazardous waste disposal site shall be
located (1) within 1 1/2 miles of the corporate limits as
defined on June 30, 1978, of any municipality without the
approval of the governing body of the municipality in an
official action; or (2) within 1000 feet of an existing

SB2421 - 67 - LRB103 29079 CPF 55465 b
private well or the existing source of a public water supply
measured from the boundary of the actual active permitted site
and excluding existing private wells on the property of the
permit applicant. The provisions of this subsection do not
apply to publicly owned sewage works or the disposal or
utilization of sludge from publicly owned sewage works.
(m) Transfer interest in any land which has been used as a
hazardous waste disposal site without written notification to
the Agency of the transfer and to the transferee of the
conditions imposed by the Agency upon its use under subsection
(g) of Section 39.
(n) Use any land which has been used as a hazardous waste
disposal site except in compliance with conditions imposed by
the Agency under subsection (g) of Section 39.
(o) Conduct a sanitary landfill operation which is
required to have a permit under subsection (d) of this
Section, in a manner which results in any of the following
conditions:
(1) refuse in standing or flowing waters;
(2) leachate flows entering waters of the State;
(3) leachate flows exiting the landfill confines (as
determined by the boundaries established for the landfill
by a permit issued by the Agency);
(4) open burning of refuse in violation of Section 9
of this Act;
(5) uncovered refuse remaining from any previous

SB2421 - 68 - LRB103 29079 CPF 55465 b
operating day or at the conclusion of any operating day,
unless authorized by permit;
(6) failure to provide final cover within time limits
established by Board regulations;
(7) acceptance of wastes without necessary permits;
(8) scavenging as defined by Board regulations;
(9) deposition of refuse in any unpermitted portion of
the landfill;
(10) acceptance of a special waste without a required
manifest;
(11) failure to submit reports required by permits or
Board regulations;
(12) failure to collect and contain litter from the
site by the end of each operating day;
(13) failure to submit any cost estimate for the site
or any performance bond or other security for the site as
required by this Act or Board rules.
The prohibitions specified in this subsection (o) shall be
enforceable by the Agency either by administrative citation
under Section 31.1 of this Act or as otherwise provided by this
Act. The specific prohibitions in this subsection do not limit
the power of the Board to establish regulations or standards
applicable to sanitary landfills.
(p) In violation of subdivision (a) of this Section, cause
or allow the open dumping of any waste in a manner which
results in any of the following occurrences at the dump site:

SB2421 - 69 - LRB103 29079 CPF 55465 b
(1) litter;
(2) scavenging;
(3) open burning;
(4) deposition of waste in standing or flowing waters;
(5) proliferation of disease vectors;
(6) standing or flowing liquid discharge from the dump
site;
(7) deposition of:
(i) general construction or demolition debris as
defined in Section 3.160(a) of this Act; or
(ii) clean construction or demolition debris as
defined in Section 3.160(b) of this Act.
The prohibitions specified in this subsection (p) shall be
enforceable by the Agency either by administrative citation
under Section 31.1 of this Act or as otherwise provided by this
Act. The specific prohibitions in this subsection do not limit
the power of the Board to establish regulations or standards
applicable to open dumping.
(q) Conduct a landscape waste composting operation without
an Agency permit, provided, however, that no permit shall be
required for any person:
(1) conducting a landscape waste composting operation
for landscape wastes generated by such person's own
activities which are stored, treated, or disposed of
within the site where such wastes are generated; or
(1.5) conducting a landscape waste composting

SB2421 - 70 - LRB103 29079 CPF 55465 b
operation that (i) has no more than 25 cubic yards of
landscape waste, composting additives, composting
material, or end-product compost on-site at any one time
and (ii) is not engaging in commercial activity; or
(2) applying landscape waste or composted landscape
waste at agronomic rates; or
(2.5) operating a landscape waste composting facility
at a site having 10 or more occupied non-farm residences
within 1/2 mile of its boundaries, if the facility meets
all of the following criteria:
(A) the composting facility is operated by the
farmer on property on which the composting material is
utilized, and the composting facility constitutes no
more than 2% of the site's total acreage;
(A-5) any composting additives that the composting
facility accepts and uses at the facility are
necessary to provide proper conditions for composting
and do not exceed 10% of the total composting material
at the facility at any one time;
(B) the property on which the composting facility
is located, and any associated property on which the
compost is used, is principally and diligently devoted
to the production of agricultural crops and is not
owned, leased, or otherwise controlled by any waste
hauler or generator of nonagricultural compost
materials, and the operator of the composting facility

SB2421 - 71 - LRB103 29079 CPF 55465 b
is not an employee, partner, shareholder, or in any
way connected with or controlled by any such waste
hauler or generator;
(C) all compost generated by the composting
facility is applied at agronomic rates and used as
mulch, fertilizer, or soil conditioner on land
actually farmed by the person operating the composting
facility, and the finished compost is not stored at
the composting site for a period longer than 18 months
prior to its application as mulch, fertilizer, or soil
conditioner;
(D) no fee is charged for the acceptance of
materials to be composted at the facility; and
(E) the owner or operator, by January 1, 2014 (or
the January 1 following commencement of operation,
whichever is later) and January 1 of each year
thereafter, registers the site with the Agency, (ii)
reports to the Agency on the volume of composting
material received and used at the site; (iii)
certifies to the Agency that the site complies with
the requirements set forth in subparagraphs (A),
(A-5), (B), (C), and (D) of this paragraph (2.5); and
(iv) certifies to the Agency that all composting
material was placed more than 200 feet from the
nearest potable water supply well, was placed outside
the boundary of the 10-year floodplain or on a part of

SB2421 - 72 - LRB103 29079 CPF 55465 b
the site that is floodproofed, was placed at least 1/4
mile from the nearest residence (other than a
residence located on the same property as the
facility) or a lesser distance from the nearest
residence (other than a residence located on the same
property as the facility) if the municipality in which
the facility is located has by ordinance approved a
lesser distance than 1/4 mile, and was placed more
than 5 feet above the water table; any ordinance
approving a residential setback of less than 1/4 mile
that is used to meet the requirements of this
subparagraph (E) of paragraph (2.5) of this subsection
must specifically reference this paragraph; or
(3) operating a landscape waste composting facility on
a farm, if the facility meets all of the following
criteria:
(A) the composting facility is operated by the
farmer on property on which the composting material is
utilized, and the composting facility constitutes no
more than 2% of the property's total acreage, except
that the Board may allow a higher percentage for
individual sites where the owner or operator has
demonstrated to the Board that the site's soil
characteristics or crop needs require a higher rate;
(A-1) the composting facility accepts from other
agricultural operations for composting with landscape

SB2421 - 73 - LRB103 29079 CPF 55465 b
waste no materials other than uncontaminated and
source-separated (i) crop residue and other
agricultural plant residue generated from the
production and harvesting of crops and other customary
farm practices, including, but not limited to, stalks,
leaves, seed pods, husks, bagasse, and roots and (ii)
plant-derived animal bedding, such as straw or
sawdust, that is free of manure and was not made from
painted or treated wood;
(A-2) any composting additives that the composting
facility accepts and uses at the facility are
necessary to provide proper conditions for composting
and do not exceed 10% of the total composting material
at the facility at any one time;
(B) the property on which the composting facility
is located, and any associated property on which the
compost is used, is principally and diligently devoted
to the production of agricultural crops and is not
owned, leased or otherwise controlled by any waste
hauler or generator of nonagricultural compost
materials, and the operator of the composting facility
is not an employee, partner, shareholder, or in any
way connected with or controlled by any such waste
hauler or generator;
(C) all compost generated by the composting
facility is applied at agronomic rates and used as

SB2421 - 74 - LRB103 29079 CPF 55465 b
mulch, fertilizer or soil conditioner on land actually
farmed by the person operating the composting
facility, and the finished compost is not stored at
the composting site for a period longer than 18 months
prior to its application as mulch, fertilizer, or soil
conditioner;
(D) the owner or operator, by January 1 of each
year, (i) registers the site with the Agency, (ii)
reports to the Agency on the volume of composting
material received and used at the site, (iii)
certifies to the Agency that the site complies with
the requirements set forth in subparagraphs (A),
(A-1), (A-2), (B), and (C) of this paragraph (q)(3),
and (iv) certifies to the Agency that all composting
material:
(I) was placed more than 200 feet from the
nearest potable water supply well;
(II) was placed outside the boundary of the
10-year floodplain or on a part of the site that is
floodproofed;
(III) was placed either (aa) at least 1/4 mile
from the nearest residence (other than a residence
located on the same property as the facility) and
there are not more than 10 occupied non-farm
residences within 1/2 mile of the boundaries of
the site on the date of application or (bb) a

SB2421 - 75 - LRB103 29079 CPF 55465 b
lesser distance from the nearest residence (other
than a residence located on the same property as
the facility) provided that the municipality or
county in which the facility is located has by
ordinance approved a lesser distance than 1/4 mile
and there are not more than 10 occupied non-farm
residences within 1/2 mile of the boundaries of
the site on the date of application; and
(IV) was placed more than 5 feet above the
water table.
Any ordinance approving a residential setback of
less than 1/4 mile that is used to meet the
requirements of this subparagraph (D) must
specifically reference this subparagraph.
For the purposes of this subsection (q), "agronomic rates"
means the application of not more than 20 tons per acre per
year, except that the Board may allow a higher rate for
individual sites where the owner or operator has demonstrated
to the Board that the site's soil characteristics or crop
needs require a higher rate.
(r) Cause or allow the storage or disposal of coal
combustion waste unless:
(1) such waste is stored or disposed of at a site or
facility for which a permit has been obtained or is not
otherwise required under subsection (d) of this Section;
or

SB2421 - 76 - LRB103 29079 CPF 55465 b
(2) such waste is stored or disposed of as a part of
the design and reclamation of a site or facility which is
an abandoned mine site in accordance with the Abandoned
Mined Lands and Water Reclamation Act; or
(3) such waste is stored or disposed of at a site or
facility which is operating under NPDES and Subtitle D
permits issued by the Agency pursuant to regulations
adopted by the Board for mine-related water pollution and
permits issued pursuant to the federal Surface Mining
Control and Reclamation Act of 1977 (P.L. 95-87) or the
rules and regulations thereunder or any law or rule or
regulation adopted by the State of Illinois pursuant
thereto, and the owner or operator of the facility agrees
to accept the waste; and either:
(i) such waste is stored or disposed of in
accordance with requirements applicable to refuse
disposal under regulations adopted by the Board for
mine-related water pollution and pursuant to NPDES and
Subtitle D permits issued by the Agency under such
regulations; or
(ii) the owner or operator of the facility
demonstrates all of the following to the Agency, and
the facility is operated in accordance with the
demonstration as approved by the Agency: (1) the
disposal area will be covered in a manner that will
support continuous vegetation, (2) the facility will

SB2421 - 77 - LRB103 29079 CPF 55465 b
be adequately protected from wind and water erosion,
(3) the pH will be maintained so as to prevent
excessive leaching of metal ions, and (4) adequate
containment or other measures will be provided to
protect surface water and groundwater from
contamination at levels prohibited by this Act, the
Illinois Groundwater Protection Act, or regulations
adopted pursuant thereto.
Notwithstanding any other provision of this Title, the
disposal of coal combustion waste pursuant to item (2) or (3)
of this subdivision (r) shall be exempt from the other
provisions of this Title V, and notwithstanding the provisions
of Title X of this Act, the Agency is authorized to grant
experimental permits which include provision for the disposal
of wastes from the combustion of coal and other materials
pursuant to items (2) and (3) of this subdivision (r).
(s) After April 1, 1989, offer for transportation,
transport, deliver, receive or accept special waste for which
a manifest is required, unless the manifest indicates that the
fee required under Section 22.8 of this Act has been paid.
(t) Cause or allow a lateral expansion of a municipal
solid waste landfill unit on or after October 9, 1993, without
a permit modification, granted by the Agency, that authorizes
the lateral expansion.
(u) Conduct any vegetable by-product treatment, storage,
disposal or transportation operation in violation of any

SB2421 - 78 - LRB103 29079 CPF 55465 b
regulation, standards or permit requirements adopted by the
Board under this Act. However, no permit shall be required
under this Title V for the land application of vegetable
by-products conducted pursuant to Agency permit issued under
Title III of this Act to the generator of the vegetable
by-products. In addition, vegetable by-products may be
transported in this State without a special waste hauling
permit, and without the preparation and carrying of a
manifest.
(v) (Blank).
(w) Conduct any generation, transportation, or recycling
of construction or demolition debris, clean or general, or
uncontaminated soil generated during construction, remodeling,
repair, and demolition of utilities, structures, and roads
that is not commingled with any waste, without the maintenance
of documentation identifying the hauler, generator, place of
origin of the debris or soil, the weight or volume of the
debris or soil, and the location, owner, and operator of the
facility where the debris or soil was transferred, disposed,
recycled, or treated. This documentation must be maintained by
the generator, transporter, or recycler for 3 years. This
subsection (w) shall not apply to (1) a permitted pollution
control facility that transfers or accepts construction or
demolition debris, clean or general, or uncontaminated soil
for final disposal, recycling, or treatment, (2) a public
utility (as that term is defined in the Public Utilities Act)

SB2421 - 79 - LRB103 29079 CPF 55465 b
or a municipal utility, (3) the Illinois Department of
Transportation, or (4) a municipality or a county highway
department, with the exception of any municipality or county
highway department located within a county having a population
of over 3,000,000 inhabitants or located in a county that is
contiguous to a county having a population of over 3,000,000
inhabitants; but it shall apply to an entity that contracts
with a public utility, a municipal utility, the Illinois
Department of Transportation, or a municipality or a county
highway department. The terms "generation" and "recycling", as
used in this subsection, do not apply to clean construction or
demolition debris when (i) used as fill material below grade
outside of a setback zone if covered by sufficient
uncontaminated soil to support vegetation within 30 days of
the completion of filling or if covered by a road or structure,
(ii) solely broken concrete without protruding metal bars is
used for erosion control, or (iii) milled asphalt or crushed
concrete is used as aggregate in construction of the shoulder
of a roadway. The terms "generation" and "recycling", as used
in this subsection, do not apply to uncontaminated soil that
is not commingled with any waste when (i) used as fill material
below grade or contoured to grade, or (ii) used at the site of
generation.
(x) Conduct any carbon sequestration operation:
(1) without a permit granted by the Agency in
accordance with Section 22.63 and any rules adopted under

SB2421 - 80 - LRB103 29079 CPF 55465 b
that Section, or in violation of any condition imposed by
the permit, including periodic reports and full access to
adequate records and the inspection of facilities as may
be necessary to ensure compliance with this Act and any
rules or standards adopted under this Act;
(2) in violation of this Act or any rules or standards
adopted by the Board under this Act; or
(3) in violation of any order adopted by the Board
under this Act.
(y) Inject any concentrated carbon dioxide fluid produced
by a carbon dioxide capture project into a Class II well for
purposes of enhanced oil recovery, including, but not limited
to, the facilitation of enhanced oil recovery from another
well.
(z) Sell or transport concentrated carbon dioxide fluid
produced by a carbon dioxide capture project for use in
enhanced oil recovery.
(Source: P.A. 101-171, eff. 7-30-19; 102-216, eff. 1-1-22;
102-310, eff. 8-6-21; 102-558, eff. 8-20-21; 102-813, eff.
5-13-22.)
(415 ILCS 5/22.63 new)
Sec. 22.63. Carbon sequestration.
(a) The General Assembly finds that:
(1) The State of Illinois has a long-standing policy
to restore, protect, and enhance the environment,

SB2421 - 81 - LRB103 29079 CPF 55465 b
including the purity of the air, land, and waters,
including groundwaters, of this State.
(2) A clean environment is essential to the growth and
well-being of this State.
(3) The sequestration of carbon in underground
formations poses a significant and long-term risk to the
air, land, and waters, including groundwater, of the State
unless Illinois adopts clear standards to ensure that no
sequestered carbon escapes the underground formation into
which it is injected.
(4) Meaningful participation of State residents,
especially vulnerable populations who may be affected by
regulatory actions, is critical to ensure that
environmental justice considerations are incorporated in
the development of, decision-making related to, and
implementation of environmental laws and rulemaking that
protects and improves the well-being of communities in
this State that bear disproportionate burdens imposed by
environmental pollution.
(a-5) The purpose of this Section is to promote a
healthful environment, including clean water, air, and land,
meaningful public involvement and to ensure only responsible
sequestration of carbon dioxide occurs in Illinois so as to
protect public health and to prevent pollution of the
environment.
(a-10) The provisions of this Section shall be liberally

SB2421 - 82 - LRB103 29079 CPF 55465 b
construed to carry out the purposes of this Section.
(b) Any person seeking to sequester carbon dioxide in
Illinois must first obtain a carbon sequestration permit from
the Agency in accordance with the rules developed under
subsection (h).
(c) Any person seeking to sequester carbon dioxide in
Illinois must, before seeking a carbon sequestration permit in
accordance with the rules developed under subsection (h),
first conduct an environmental impact analysis. The
environmental impact analysis must:
(1) include a statement of purpose and need for the
proposed carbon sequestration project;
(2) include a GHG inventory analysis that details and
compiles the total Scope 1, 2, and 3 GHG emissions
associated with the capture, transportation, and
sequestration of the carbon dioxide proposed to be
sequestered, together with a demonstration that the Scope
1, 2, and 3 emissions associated with the capture,
transportation, and sequestration of the carbon dioxide,
converted into carbon dioxide equivalent consistent with
United States Environmental Protection Agency rules and
guidance, will not exceed the total amount of GHGs
sequestered on an annual basis for each year the project
remains in operation;
(3) include a water impact analysis that details:
(A) the water sources likely to be impacted by the

SB2421 - 83 - LRB103 29079 CPF 55465 b
capture, transportation, and sequestration of the
carbon dioxide proposed to be sequestered;
(B) current uses of those water sources;
(C) potential or certain impacts to those water
sources from capture, transportation, and
sequestration of the carbon dioxide, including impacts
to water quantity, quality, and current uses;
(D) the duration of the impacts to water
associated with the capture, transportation, and
sequestration of the carbon dioxide proposed to be
sequestered; and
(E) the methods the applicant will use to minimize
both water use and impacts to water quality associated
with the sequestration of carbon dioxide;
(4) include an alternatives analysis that evaluates
other reasonable alternatives for achieving the same
volume of carbon dioxide emissions reductions as are
proposed to be achieved through carbon sequestration,
including, but not limited to:
(A) if the carbon dioxide was captured at a
facility that generates electricity, energy-generation
alternatives such as renewable energy, energy storage,
or energy efficiency;
(B) if the carbon dioxide was captured at a
facility that produces fuel for vehicles or equipment,
alternatives such as the use of electric vehicles; and

SB2421 - 84 - LRB103 29079 CPF 55465 b
(C) if the carbon dioxide was captured at an
industrial facility, alternative industrial processes
that could reduce the amount of carbon dioxide
generated;
for each alternative identified under this paragraph
(4), the person seeking to sequester carbon dioxide shall
complete a GHG inventory analysis of the alternative
consistent with subparagraph (B) and a water impacts
analysis addressing the factors set out in subparagraph
(C); and
(5) be developed with public input, including by
making a draft version of the analysis available on a
public website for not less than 60 days and accepting
comments on the proposed analysis for the entirety of that
60-day period, together with a public meeting at least 14
days after the posting of the draft on the public website
that provides a meaningful opportunity for the public to
ask questions, have those questions answered, and provide
comment on the draft; the final environmental analysis
must include responses to public comments, identify all
changes to the analysis made in response to those
comments, and be made available to the public on a public
website.
(d) Any person seeking to sequester carbon dioxide in
Illinois must, before seeking a carbon sequestration permit in
accordance with the rules developed under subsection (h),

SB2421 - 85 - LRB103 29079 CPF 55465 b
first conduct an area of review analysis that:
(1) identifies any faults, fractures, or cracks,
abandoned or operating wells, mine shafts, quarries,
seismic activity, or other features of the proposed area
of review that could interfere with containment of carbon
dioxide, and if any such feature is present; and
(2) demonstrates that the feature will not interfere
with carbon dioxide containment.
(e) No permit for the sequestration of carbon dioxide may
be issued unless:
(1) the Illinois State Water Survey has reviewed the
water impact analysis required under paragraph (3) of
subsection (c) and, taking into consideration that
analysis, information available to the Illinois State
Water Survey concerning water supply and uses, and public
comment, concluded that the proposed carbon dioxide
sequestration project will not have significant adverse
effects on water supply or current or future uses of the
water source; and
(2) the permit sets out conditions, determined in
consultation with the Illinois State Water Supply and
taking into consideration public comments, under which the
project operator must reduce the volume or rate or water
that may be utilized for the sequestration of carbon
dioxide, as well as conditions under which the use of
water for carbon sequestration must be halted altogether.

SB2421 - 86 - LRB103 29079 CPF 55465 b
(f) Any person who applies for or is granted a permit for
carbon sequestration under this Section shall post with the
Agency a performance bond or other security in accordance with
this Act and the rules developed under subsection (h). The
only acceptable forms of financial assurance are a trust fund,
a surety bond guaranteeing payment, a surety bond guaranteeing
performance, or an irrevocable letter of credit.
The Agency may enter into contracts and agreements it
deems necessary to carry out the purposes of this Section.
Neither the State nor any State employee shall be liable for
any damages or injuries arising out of or resulting from any
action taken under this Section.
The Agency may approve or disapprove any performance bond
or other security posted under this subsection. Any person
whose performance bond or other security is disapproved by the
Agency may contest the disapproval as a permit denial appeal
under Section 40.
(g) Every applicant for a permit for carbon sequestration
under subsection (b) of this Section shall first register with
the Agency at least 60 days before applying for a permit. The
Agency shall make available a registration form within 90 days
after the effective date of this Act. The registration form
shall require the following information:
(1) the name and address of the registrant and any
parent, subsidiary, or affiliate thereof;
(2) disclosure of all findings of a serious violation

SB2421 - 87 - LRB103 29079 CPF 55465 b
or an equivalent violation under federal or State laws,
rules, or regulations concerning the development or
operation of a carbon dioxide injection well, a carbon
dioxide pipeline, or an oil or gas exploration or
production site, by the applicant or any parent,
subsidiary, or affiliate thereof within the previous 5
years; and
(3) proof of insurance to cover injuries, damages, or
losses related to a release of carbon dioxide in the
amount of at least $250,000,000, from an insurance carrier
authorized, licensed, or permitted to do so in this State
and that holds at least an A- rating by an American credit
rating agency that focuses on the insurance industry, or
any comparable rating service.
A registrant must notify the Department of any change in
the information identified in paragraphs (1), (2), or (3) no
later than one month after the change, or sooner upon request
of the Agency.
If granted a carbon sequestration permit under this
Section, the permittee must maintain insurance in accordance
with paragraph (3) throughout the period during which carbon
dioxide is injected into the sequestration site and at least
100 years thereafter.
(h) The Board shall adopt rules establishing permit
requirements and other standards for carbon sequestration. The
Board's rules shall address, but are not limited to, the

SB2421 - 88 - LRB103 29079 CPF 55465 b
following issues: applicability; required permit information;
minimum criteria for siting; area of review and corrective
action; financial responsibility; injection well construction
requirements; logging, sampling, and testing requirements
before injection well operation; injection well operating
requirements; mechanical integrity; testing and monitoring
requirements; reporting requirements; injection well plugging;
post-injection site care and site closure; emergency and
remedial response; conditions for obtaining a variance from
injection depth requirements; and security protections for
injection wells, monitors, and other associated infrastructure
to prevent tampering with sequestration-related equipment.
Not later than one year after the effective date of this
amendatory Act of the 103rd General Assembly the Agency shall
propose, and not later than 2 years after receipt of the
Agency's proposal the Board shall adopt, the rules required
under this Section. The rules must, at a minimum:
(1) be at least as protective and comprehensive as the
federal rules, regulations, or amendments thereto adopted
by the Administrator of the United States Environmental
Protection Agency under the provisions of 40 CFR 146
governing Class VI wells;
(2) specify the minimum contents of carbon
sequestration permit applications, which shall include the
environmental impact analyses required under subsection
(c), the area of review analysis required under subsection

SB2421 - 89 - LRB103 29079 CPF 55465 b
(d), and documentation and analyses sufficient to
demonstrate compliance with all applicable rules for
carbon sequestration adopted under this Section;
(3) specify the frequency at which carbon
sequestration permits expire and must be renewed, the
circumstances under which a permittee must seek a permit
modification, and the circumstances under which the Agency
may temporarily or permanently revoke a carbon
sequestration permit;
(4) specify standards for review, approval, and denial
by the Agency of carbon sequestration permit applications;
(5) specify meaningful public participation procedures
for the issuance of carbon sequestration permits,
including, but not limited to:
(A) public notice of the submission of permit
applications;
(B) posting on a public website of the full permit
application, the draft and final permitting actions by
the Agency, and the Agency's response to comments;
(C) an opportunity for the submission of public
comments;
(D) an opportunity for a public hearing prior to
permit issuance; and
(E) a summary and response of the comments
prepared by the Agency; when the sequestration is
proposed to take place in an area of environmental

SB2421 - 90 - LRB103 29079 CPF 55465 b
justice concern, the rules shall specify further
opportunities for public participation, including, but
not limited to, public meetings, translations of
relevant documents into other languages for residents
with limited English proficiency, and interpretation
services at public meetings and hearings;
(6) prescribe the type and amount of the performance
bonds or other securities required under subsection (f)
and the conditions under which the State is entitled to
collect moneys from such performance bonds or other
securities;
(7) specify a procedure to identify areas of
environmental justice concern in relation to sequestration
facilities;
(8) prohibit carbon dioxide sequestration unless the
permit applicant demonstrates that the confining zone in
which the applicant proposes to sequester carbon dioxide:
(A) is not located in an active seismic zone,
fault area, or any other location in which carbon
sequestration could pose an undue risk of harm to
human health or the environment;
(B) does not intersect with an aquifer containing
groundwater classified as Class 1, Class 2, or Class 3
under 35 Ill. Adm. Code Part 620, Subpart B;
(C) does not intersect with any aquifer that is
hydraulically connected to aquifers containing

SB2421 - 91 - LRB103 29079 CPF 55465 b
groundwater classified as Class 1, Class 2, or Class 3
under 35 Ill. Adm. Code Part 620, Subpart B; and
(D) does not contain any faults, fractures,
abandoned or operating wells, mine shafts, quarries,
or other features that could interfere with
containment of carbon dioxide;
(9) require that monitoring of carbon sequestration
facilities be conducted by a third-party contractor;
(10) establish minimum qualifications for third-party
contractors to conduct monitoring;
(11) specify the types of monitors and frequency of
monitoring to be performed at carbon sequestration
facilities, which, in addition to monitoring required
under 40 CFR 146, shall include surface air monitoring,
soil gas monitoring, seismicity monitoring, and any other
types of monitoring the Board determines are appropriate
to protect health and the environment;
(12) set the minimum duration of the post-injection
site care period at no fewer than 100 years; and
(13) establish reporting requirements for carbon
sequestration permittees, which, in addition to the
reporting required under 40 CFR 146, shall include, but
are not limited to, the mass of carbon dioxide transported
to sequestration facilities, the facilities from which
that carbon dioxide was captured, seismic events of
significant magnitude, and malfunctions or downtime of any

SB2421 - 92 - LRB103 29079 CPF 55465 b
monitors.
(415 ILCS 5/39) (from Ch. 111 1/2, par. 1039)
Sec. 39. Issuance of permits; procedures.
(a) When the Board has by regulation required a permit for
the construction, installation, or operation of any type of
facility, equipment, vehicle, vessel, or aircraft, the
applicant shall apply to the Agency for such permit and it
shall be the duty of the Agency to issue such a permit upon
proof by the applicant that the facility, equipment, vehicle,
vessel, or aircraft will not cause a violation of this Act or
of regulations hereunder. The Agency shall adopt such
procedures as are necessary to carry out its duties under this
Section. In making its determinations on permit applications
under this Section the Agency may consider prior adjudications
of noncompliance with this Act by the applicant that involved
a release of a contaminant into the environment. In granting
permits, the Agency may impose reasonable conditions
specifically related to the applicant's past compliance
history with this Act as necessary to correct, detect, or
prevent noncompliance. The Agency may impose such other
conditions as may be necessary to accomplish the purposes of
this Act, and as are not inconsistent with the regulations
promulgated by the Board hereunder. Except as otherwise
provided in this Act, a bond or other security shall not be
required as a condition for the issuance of a permit. If the

SB2421 - 93 - LRB103 29079 CPF 55465 b
Agency denies any permit under this Section, the Agency shall
transmit to the applicant within the time limitations of this
Section specific, detailed statements as to the reasons the
permit application was denied. Such statements shall include,
but not be limited to, the following:
(i) the Sections of this Act which may be violated if
the permit were granted;
(ii) the provision of the regulations, promulgated
under this Act, which may be violated if the permit were
granted;
(iii) the specific type of information, if any, which
the Agency deems the applicant did not provide the Agency;
and
(iv) a statement of specific reasons why the Act and
the regulations might not be met if the permit were
granted.
If there is no final action by the Agency within 90 days
after the filing of the application for permit, the applicant
may deem the permit issued; except that this time period shall
be extended to 180 days when (1) notice and opportunity for
public hearing are required by State or federal law or
regulation, (2) the application which was filed is for any
permit to develop a landfill subject to issuance pursuant to
this subsection, or (3) the application that was filed is for a
MSWLF unit required to issue public notice under subsection
(p) of Section 39. The 90-day and 180-day time periods for the

SB2421 - 94 - LRB103 29079 CPF 55465 b
Agency to take final action do not apply to NPDES permit
applications under subsection (b) of this Section, to RCRA
permit applications under subsection (d) of this Section, to
UIC permit applications under subsection (e) of this Section,
or to CCR surface impoundment applications under subsection
(y) of this Section.
The Agency shall publish notice of all final permit
determinations for development permits for MSWLF units and for
significant permit modifications for lateral expansions for
existing MSWLF units one time in a newspaper of general
circulation in the county in which the unit is or is proposed
to be located.
After January 1, 1994 and until July 1, 1998, operating
permits issued under this Section by the Agency for sources of
air pollution permitted to emit less than 25 tons per year of
any combination of regulated air pollutants, as defined in
Section 39.5 of this Act, shall be required to be renewed only
upon written request by the Agency consistent with applicable
provisions of this Act and regulations promulgated hereunder.
Such operating permits shall expire 180 days after the date of
such a request. The Board shall revise its regulations for the
existing State air pollution operating permit program
consistent with this provision by January 1, 1994.
After June 30, 1998, operating permits issued under this
Section by the Agency for sources of air pollution that are not
subject to Section 39.5 of this Act and are not required to

SB2421 - 95 - LRB103 29079 CPF 55465 b
have a federally enforceable State operating permit shall be
required to be renewed only upon written request by the Agency
consistent with applicable provisions of this Act and its
rules. Such operating permits shall expire 180 days after the
date of such a request. Before July 1, 1998, the Board shall
revise its rules for the existing State air pollution
operating permit program consistent with this paragraph and
shall adopt rules that require a source to demonstrate that it
qualifies for a permit under this paragraph.
(b) The Agency may issue NPDES permits exclusively under
this subsection for the discharge of contaminants from point
sources into navigable waters, all as defined in the Federal
Water Pollution Control Act, as now or hereafter amended,
within the jurisdiction of the State, or into any well.
All NPDES permits shall contain those terms and
conditions, including, but not limited to, schedules of
compliance, which may be required to accomplish the purposes
and provisions of this Act.
The Agency may issue general NPDES permits for discharges
from categories of point sources which are subject to the same
permit limitations and conditions. Such general permits may be
issued without individual applications and shall conform to
regulations promulgated under Section 402 of the Federal Water
Pollution Control Act, as now or hereafter amended.
The Agency may include, among such conditions, effluent
limitations and other requirements established under this Act,

SB2421 - 96 - LRB103 29079 CPF 55465 b
Board regulations, the Federal Water Pollution Control Act, as
now or hereafter amended, and regulations pursuant thereto,
and schedules for achieving compliance therewith at the
earliest reasonable date.
The Agency shall adopt filing requirements and procedures
which are necessary and appropriate for the issuance of NPDES
permits, and which are consistent with the Act or regulations
adopted by the Board, and with the Federal Water Pollution
Control Act, as now or hereafter amended, and regulations
pursuant thereto.
The Agency, subject to any conditions which may be
prescribed by Board regulations, may issue NPDES permits to
allow discharges beyond deadlines established by this Act or
by regulations of the Board without the requirement of a
variance, subject to the Federal Water Pollution Control Act,
as now or hereafter amended, and regulations pursuant thereto.
(c) Except for those facilities owned or operated by
sanitary districts organized under the Metropolitan Water
Reclamation District Act, no permit for the development or
construction of a new pollution control facility may be
granted by the Agency unless the applicant submits proof to
the Agency that the location of the facility has been approved
by the county board of the county if in an unincorporated area,
or the governing body of the municipality when in an
incorporated area, in which the facility is to be located in
accordance with Section 39.2 of this Act. For purposes of this

SB2421 - 97 - LRB103 29079 CPF 55465 b
subsection (c), and for purposes of Section 39.2 of this Act,
the appropriate county board or governing body of the
municipality shall be the county board of the county or the
governing body of the municipality in which the facility is to
be located as of the date when the application for siting
approval is filed.
In the event that siting approval granted pursuant to
Section 39.2 has been transferred to a subsequent owner or
operator, that subsequent owner or operator may apply to the
Agency for, and the Agency may grant, a development or
construction permit for the facility for which local siting
approval was granted. Upon application to the Agency for a
development or construction permit by that subsequent owner or
operator, the permit applicant shall cause written notice of
the permit application to be served upon the appropriate
county board or governing body of the municipality that
granted siting approval for that facility and upon any party
to the siting proceeding pursuant to which siting approval was
granted. In that event, the Agency shall conduct an evaluation
of the subsequent owner or operator's prior experience in
waste management operations in the manner conducted under
subsection (i) of Section 39 of this Act.
Beginning August 20, 1993, if the pollution control
facility consists of a hazardous or solid waste disposal
facility for which the proposed site is located in an
unincorporated area of a county with a population of less than

SB2421 - 98 - LRB103 29079 CPF 55465 b
100,000 and includes all or a portion of a parcel of land that
was, on April 1, 1993, adjacent to a municipality having a
population of less than 5,000, then the local siting review
required under this subsection (c) in conjunction with any
permit applied for after that date shall be performed by the
governing body of that adjacent municipality rather than the
county board of the county in which the proposed site is
located; and for the purposes of that local siting review, any
references in this Act to the county board shall be deemed to
mean the governing body of that adjacent municipality;
provided, however, that the provisions of this paragraph shall
not apply to any proposed site which was, on April 1, 1993,
owned in whole or in part by another municipality.
In the case of a pollution control facility for which a
development permit was issued before November 12, 1981, if an
operating permit has not been issued by the Agency prior to
August 31, 1989 for any portion of the facility, then the
Agency may not issue or renew any development permit nor issue
an original operating permit for any portion of such facility
unless the applicant has submitted proof to the Agency that
the location of the facility has been approved by the
appropriate county board or municipal governing body pursuant
to Section 39.2 of this Act.
After January 1, 1994, if a solid waste disposal facility,
any portion for which an operating permit has been issued by
the Agency, has not accepted waste disposal for 5 or more

SB2421 - 99 - LRB103 29079 CPF 55465 b
consecutive calendar years, before that facility may accept
any new or additional waste for disposal, the owner and
operator must obtain a new operating permit under this Act for
that facility unless the owner and operator have applied to
the Agency for a permit authorizing the temporary suspension
of waste acceptance. The Agency may not issue a new operation
permit under this Act for the facility unless the applicant
has submitted proof to the Agency that the location of the
facility has been approved or re-approved by the appropriate
county board or municipal governing body under Section 39.2 of
this Act after the facility ceased accepting waste.
Except for those facilities owned or operated by sanitary
districts organized under the Metropolitan Water Reclamation
District Act, and except for new pollution control facilities
governed by Section 39.2, and except for fossil fuel mining
facilities, the granting of a permit under this Act shall not
relieve the applicant from meeting and securing all necessary
zoning approvals from the unit of government having zoning
jurisdiction over the proposed facility.
Before beginning construction on any new sewage treatment
plant or sludge drying site to be owned or operated by a
sanitary district organized under the Metropolitan Water
Reclamation District Act for which a new permit (rather than
the renewal or amendment of an existing permit) is required,
such sanitary district shall hold a public hearing within the
municipality within which the proposed facility is to be

SB2421 - 100 - LRB103 29079 CPF 55465 b
located, or within the nearest community if the proposed
facility is to be located within an unincorporated area, at
which information concerning the proposed facility shall be
made available to the public, and members of the public shall
be given the opportunity to express their views concerning the
proposed facility.
The Agency may issue a permit for a municipal waste
transfer station without requiring approval pursuant to
Section 39.2 provided that the following demonstration is
made:
(1) the municipal waste transfer station was in
existence on or before January 1, 1979 and was in
continuous operation from January 1, 1979 to January 1,
1993;
(2) the operator submitted a permit application to the
Agency to develop and operate the municipal waste transfer
station during April of 1994;
(3) the operator can demonstrate that the county board
of the county, if the municipal waste transfer station is
in an unincorporated area, or the governing body of the
municipality, if the station is in an incorporated area,
does not object to resumption of the operation of the
station; and
(4) the site has local zoning approval.
(d) The Agency may issue RCRA permits exclusively under
this subsection to persons owning or operating a facility for

SB2421 - 101 - LRB103 29079 CPF 55465 b
the treatment, storage, or disposal of hazardous waste as
defined under this Act. Subsection (y) of this Section, rather
than this subsection (d), shall apply to permits issued for
CCR surface impoundments.
All RCRA permits shall contain those terms and conditions,
including, but not limited to, schedules of compliance, which
may be required to accomplish the purposes and provisions of
this Act. The Agency may include among such conditions
standards and other requirements established under this Act,
Board regulations, the Resource Conservation and Recovery Act
of 1976 (P.L. 94-580), as amended, and regulations pursuant
thereto, and may include schedules for achieving compliance
therewith as soon as possible. The Agency shall require that a
performance bond or other security be provided as a condition
for the issuance of a RCRA permit.
In the case of a permit to operate a hazardous waste or PCB
incinerator as defined in subsection (k) of Section 44, the
Agency shall require, as a condition of the permit, that the
operator of the facility perform such analyses of the waste to
be incinerated as may be necessary and appropriate to ensure
the safe operation of the incinerator.
The Agency shall adopt filing requirements and procedures
which are necessary and appropriate for the issuance of RCRA
permits, and which are consistent with the Act or regulations
adopted by the Board, and with the Resource Conservation and
Recovery Act of 1976 (P.L. 94-580), as amended, and

SB2421 - 102 - LRB103 29079 CPF 55465 b
regulations pursuant thereto.
The applicant shall make available to the public for
inspection all documents submitted by the applicant to the
Agency in furtherance of an application, with the exception of
trade secrets, at the office of the county board or governing
body of the municipality. Such documents may be copied upon
payment of the actual cost of reproduction during regular
business hours of the local office. The Agency shall issue a
written statement concurrent with its grant or denial of the
permit explaining the basis for its decision.
(e) The Agency may issue UIC permits exclusively under
this subsection to persons owning or operating a facility for
the underground injection of contaminants as defined under
this Act. However, the Agency shall not issue any permit for
underground injection wells for the sequestration of carbon
dioxide under Section 22.63.
All UIC permits shall contain those terms and conditions,
including, but not limited to, schedules of compliance, which
may be required to accomplish the purposes and provisions of
this Act. The Agency may include among such conditions
standards and other requirements established under this Act,
Board regulations, the Safe Drinking Water Act (P.L. 93-523),
as amended, and regulations pursuant thereto, and may include
schedules for achieving compliance therewith. The Agency shall
require that a performance bond or other security be provided
as a condition for the issuance of a UIC permit.

SB2421 - 103 - LRB103 29079 CPF 55465 b
The Agency shall adopt filing requirements and procedures
which are necessary and appropriate for the issuance of UIC
permits, and which are consistent with the Act or regulations
adopted by the Board, and with the Safe Drinking Water Act
(P.L. 93-523), as amended, and regulations pursuant thereto.
The applicant shall make available to the public for
inspection all documents submitted by the applicant to the
Agency in furtherance of an application, with the exception of
trade secrets, at the office of the county board or governing
body of the municipality. Such documents may be copied upon
payment of the actual cost of reproduction during regular
business hours of the local office. The Agency shall issue a
written statement concurrent with its grant or denial of the
permit explaining the basis for its decision.
(f) In making any determination pursuant to Section 9.1 of
this Act:
(1) The Agency shall have authority to make the
determination of any question required to be determined by
the Clean Air Act, as now or hereafter amended, this Act,
or the regulations of the Board, including the
determination of the Lowest Achievable Emission Rate,
Maximum Achievable Control Technology, or Best Available
Control Technology, consistent with the Board's
regulations, if any.
(2) The Agency shall adopt requirements as necessary
to implement public participation procedures, including,

SB2421 - 104 - LRB103 29079 CPF 55465 b
but not limited to, public notice, comment, and an
opportunity for hearing, which must accompany the
processing of applications for PSD permits. The Agency
shall briefly describe and respond to all significant
comments on the draft permit raised during the public
comment period or during any hearing. The Agency may group
related comments together and provide one unified response
for each issue raised.
(3) Any complete permit application submitted to the
Agency under this subsection for a PSD permit shall be
granted or denied by the Agency not later than one year
after the filing of such completed application.
(4) The Agency shall, after conferring with the
applicant, give written notice to the applicant of its
proposed decision on the application, including the terms
and conditions of the permit to be issued and the facts,
conduct, or other basis upon which the Agency will rely to
support its proposed action.
(g) The Agency shall include as conditions upon all
permits issued for hazardous waste disposal sites such
restrictions upon the future use of such sites as are
reasonably necessary to protect public health and the
environment, including permanent prohibition of the use of
such sites for purposes which may create an unreasonable risk
of injury to human health or to the environment. After
administrative and judicial challenges to such restrictions

SB2421 - 105 - LRB103 29079 CPF 55465 b
have been exhausted, the Agency shall file such restrictions
of record in the Office of the Recorder of the county in which
the hazardous waste disposal site is located.
(h) A hazardous waste stream may not be deposited in a
permitted hazardous waste site unless specific authorization
is obtained from the Agency by the generator and disposal site
owner and operator for the deposit of that specific hazardous
waste stream. The Agency may grant specific authorization for
disposal of hazardous waste streams only after the generator
has reasonably demonstrated that, considering technological
feasibility and economic reasonableness, the hazardous waste
cannot be reasonably recycled for reuse, nor incinerated or
chemically, physically, or biologically treated so as to
neutralize the hazardous waste and render it nonhazardous. In
granting authorization under this Section, the Agency may
impose such conditions as may be necessary to accomplish the
purposes of the Act and are consistent with this Act and
regulations promulgated by the Board hereunder. If the Agency
refuses to grant authorization under this Section, the
applicant may appeal as if the Agency refused to grant a
permit, pursuant to the provisions of subsection (a) of
Section 40 of this Act. For purposes of this subsection (h),
the term "generator" has the meaning given in Section 3.205 of
this Act, unless: (1) the hazardous waste is treated,
incinerated, or partially recycled for reuse prior to
disposal, in which case the last person who treats,

SB2421 - 106 - LRB103 29079 CPF 55465 b
incinerates, or partially recycles the hazardous waste prior
to disposal is the generator; or (2) the hazardous waste is
from a response action, in which case the person performing
the response action is the generator. This subsection (h) does
not apply to any hazardous waste that is restricted from land
disposal under 35 Ill. Adm. Code 728.
(i) Before issuing any RCRA permit, any permit for a waste
storage site, sanitary landfill, waste disposal site, waste
transfer station, waste treatment facility, waste incinerator,
or any waste-transportation operation, any permit or interim
authorization for a clean construction or demolition debris
fill operation, or any permit required under subsection (d-5)
of Section 55, the Agency shall conduct an evaluation of the
prospective owner's or operator's prior experience in waste
management operations, clean construction or demolition debris
fill operations, and tire storage site management. The Agency
may deny such a permit, or deny or revoke interim
authorization, if the prospective owner or operator or any
employee or officer of the prospective owner or operator has a
history of:
(1) repeated violations of federal, State, or local
laws, regulations, standards, or ordinances in the
operation of waste management facilities or sites, clean
construction or demolition debris fill operation
facilities or sites, or tire storage sites; or
(2) conviction in this or another State of any crime

SB2421 - 107 - LRB103 29079 CPF 55465 b
which is a felony under the laws of this State, or
conviction of a felony in a federal court; or conviction
in this or another state or federal court of any of the
following crimes: forgery, official misconduct, bribery,
perjury, or knowingly submitting false information under
any environmental law, regulation, or permit term or
condition; or
(3) proof of gross carelessness or incompetence in
handling, storing, processing, transporting, or disposing
of waste, clean construction or demolition debris, or used
or waste tires, or proof of gross carelessness or
incompetence in using clean construction or demolition
debris as fill.
(i-5) Before issuing any permit or approving any interim
authorization for a clean construction or demolition debris
fill operation in which any ownership interest is transferred
between January 1, 2005, and the effective date of the
prohibition set forth in Section 22.52 of this Act, the Agency
shall conduct an evaluation of the operation if any previous
activities at the site or facility may have caused or allowed
contamination of the site. It shall be the responsibility of
the owner or operator seeking the permit or interim
authorization to provide to the Agency all of the information
necessary for the Agency to conduct its evaluation. The Agency
may deny a permit or interim authorization if previous
activities at the site may have caused or allowed

SB2421 - 108 - LRB103 29079 CPF 55465 b
contamination at the site, unless such contamination is
authorized under any permit issued by the Agency.
(j) The issuance under this Act of a permit to engage in
the surface mining of any resources other than fossil fuels
shall not relieve the permittee from its duty to comply with
any applicable local law regulating the commencement,
location, or operation of surface mining facilities.
(k) A development permit issued under subsection (a) of
Section 39 for any facility or site which is required to have a
permit under subsection (d) of Section 21 shall expire at the
end of 2 calendar years from the date upon which it was issued,
unless within that period the applicant has taken action to
develop the facility or the site. In the event that review of
the conditions of the development permit is sought pursuant to
Section 40 or 41, or permittee is prevented from commencing
development of the facility or site by any other litigation
beyond the permittee's control, such two-year period shall be
deemed to begin on the date upon which such review process or
litigation is concluded.
(l) No permit shall be issued by the Agency under this Act
for construction or operation of any facility or site located
within the boundaries of any setback zone established pursuant
to this Act, where such construction or operation is
prohibited.
(m) The Agency may issue permits to persons owning or
operating a facility for composting landscape waste. In

SB2421 - 109 - LRB103 29079 CPF 55465 b
granting such permits, the Agency may impose such conditions
as may be necessary to accomplish the purposes of this Act, and
as are not inconsistent with applicable regulations
promulgated by the Board. Except as otherwise provided in this
Act, a bond or other security shall not be required as a
condition for the issuance of a permit. If the Agency denies
any permit pursuant to this subsection, the Agency shall
transmit to the applicant within the time limitations of this
subsection specific, detailed statements as to the reasons the
permit application was denied. Such statements shall include
but not be limited to the following:
(1) the Sections of this Act that may be violated if
the permit were granted;
(2) the specific regulations promulgated pursuant to
this Act that may be violated if the permit were granted;
(3) the specific information, if any, the Agency deems
the applicant did not provide in its application to the
Agency; and
(4) a statement of specific reasons why the Act and
the regulations might be violated if the permit were
granted.
If no final action is taken by the Agency within 90 days
after the filing of the application for permit, the applicant
may deem the permit issued. Any applicant for a permit may
waive the 90-day limitation by filing a written statement with
the Agency.

SB2421 - 110 - LRB103 29079 CPF 55465 b
The Agency shall issue permits for such facilities upon
receipt of an application that includes a legal description of
the site, a topographic map of the site drawn to the scale of
200 feet to the inch or larger, a description of the operation,
including the area served, an estimate of the volume of
materials to be processed, and documentation that:
(1) the facility includes a setback of at least 200
feet from the nearest potable water supply well;
(2) the facility is located outside the boundary of
the 10-year floodplain or the site will be floodproofed;
(3) the facility is located so as to minimize
incompatibility with the character of the surrounding
area, including at least a 200 foot setback from any
residence, and in the case of a facility that is developed
or the permitted composting area of which is expanded
after November 17, 1991, the composting area is located at
least 1/8 mile from the nearest residence (other than a
residence located on the same property as the facility);
(4) the design of the facility will prevent any
compost material from being placed within 5 feet of the
water table, will adequately control runoff from the site,
and will collect and manage any leachate that is generated
on the site;
(5) the operation of the facility will include
appropriate dust and odor control measures, limitations on
operating hours, appropriate noise control measures for

SB2421 - 111 - LRB103 29079 CPF 55465 b
shredding, chipping and similar equipment, management
procedures for composting, containment and disposal of
non-compostable wastes, procedures to be used for
terminating operations at the site, and recordkeeping
sufficient to document the amount of materials received,
composted, and otherwise disposed of; and
(6) the operation will be conducted in accordance with
any applicable rules adopted by the Board.
The Agency shall issue renewable permits of not longer
than 10 years in duration for the composting of landscape
wastes, as defined in Section 3.155 of this Act, based on the
above requirements.
The operator of any facility permitted under this
subsection (m) must submit a written annual statement to the
Agency on or before April 1 of each year that includes an
estimate of the amount of material, in tons, received for
composting.
(n) The Agency shall issue permits jointly with the
Department of Transportation for the dredging or deposit of
material in Lake Michigan in accordance with Section 18 of the
Rivers, Lakes, and Streams Act.
(o) (Blank).
(p) (1) Any person submitting an application for a permit
for a new MSWLF unit or for a lateral expansion under
subsection (t) of Section 21 of this Act for an existing MSWLF
unit that has not received and is not subject to local siting

SB2421 - 112 - LRB103 29079 CPF 55465 b
approval under Section 39.2 of this Act shall publish notice
of the application in a newspaper of general circulation in
the county in which the MSWLF unit is or is proposed to be
located. The notice must be published at least 15 days before
submission of the permit application to the Agency. The notice
shall state the name and address of the applicant, the
location of the MSWLF unit or proposed MSWLF unit, the nature
and size of the MSWLF unit or proposed MSWLF unit, the nature
of the activity proposed, the probable life of the proposed
activity, the date the permit application will be submitted,
and a statement that persons may file written comments with
the Agency concerning the permit application within 30 days
after the filing of the permit application unless the time
period to submit comments is extended by the Agency.
When a permit applicant submits information to the Agency
to supplement a permit application being reviewed by the
Agency, the applicant shall not be required to reissue the
notice under this subsection.
(2) The Agency shall accept written comments concerning
the permit application that are postmarked no later than 30
days after the filing of the permit application, unless the
time period to accept comments is extended by the Agency.
(3) Each applicant for a permit described in part (1) of
this subsection shall file a copy of the permit application
with the county board or governing body of the municipality in
which the MSWLF unit is or is proposed to be located at the

SB2421 - 113 - LRB103 29079 CPF 55465 b
same time the application is submitted to the Agency. The
permit application filed with the county board or governing
body of the municipality shall include all documents submitted
to or to be submitted to the Agency, except trade secrets as
determined under Section 7.1 of this Act. The permit
application and other documents on file with the county board
or governing body of the municipality shall be made available
for public inspection during regular business hours at the
office of the county board or the governing body of the
municipality and may be copied upon payment of the actual cost
of reproduction.
(q) Within 6 months after July 12, 2011 (the effective
date of Public Act 97-95), the Agency, in consultation with
the regulated community, shall develop a web portal to be
posted on its website for the purpose of enhancing review and
promoting timely issuance of permits required by this Act. At
a minimum, the Agency shall make the following information
available on the web portal:
(1) Checklists and guidance relating to the completion
of permit applications, developed pursuant to subsection
(s) of this Section, which may include, but are not
limited to, existing instructions for completing the
applications and examples of complete applications. As the
Agency develops new checklists and develops guidance, it
shall supplement the web portal with those materials.
(2) Within 2 years after July 12, 2011 (the effective

SB2421 - 114 - LRB103 29079 CPF 55465 b
date of Public Act 97-95), permit application forms or
portions of permit applications that can be completed and
saved electronically, and submitted to the Agency
electronically with digital signatures.
(3) Within 2 years after July 12, 2011 (the effective
date of Public Act 97-95), an online tracking system where
an applicant may review the status of its pending
application, including the name and contact information of
the permit analyst assigned to the application. Until the
online tracking system has been developed, the Agency
shall post on its website semi-annual permitting
efficiency tracking reports that include statistics on the
timeframes for Agency action on the following types of
permits received after July 12, 2011 (the effective date
of Public Act 97-95): air construction permits, new NPDES
permits and associated water construction permits, and
modifications of major NPDES permits and associated water
construction permits. The reports must be posted by
February 1 and August 1 each year and shall include:
(A) the number of applications received for each
type of permit, the number of applications on which
the Agency has taken action, and the number of
applications still pending; and
(B) for those applications where the Agency has
not taken action in accordance with the timeframes set
forth in this Act, the date the application was

SB2421 - 115 - LRB103 29079 CPF 55465 b
received and the reasons for any delays, which may
include, but shall not be limited to, (i) the
application being inadequate or incomplete, (ii)
scientific or technical disagreements with the
applicant, USEPA, or other local, state, or federal
agencies involved in the permitting approval process,
(iii) public opposition to the permit, or (iv) Agency
staffing shortages. To the extent practicable, the
tracking report shall provide approximate dates when
cause for delay was identified by the Agency, when the
Agency informed the applicant of the problem leading
to the delay, and when the applicant remedied the
reason for the delay.
(r) Upon the request of the applicant, the Agency shall
notify the applicant of the permit analyst assigned to the
application upon its receipt.
(s) The Agency is authorized to prepare and distribute
guidance documents relating to its administration of this
Section and procedural rules implementing this Section.
Guidance documents prepared under this subsection shall not be
considered rules and shall not be subject to the Illinois
Administrative Procedure Act. Such guidance shall not be
binding on any party.
(t) Except as otherwise prohibited by federal law or
regulation, any person submitting an application for a permit
may include with the application suggested permit language for

SB2421 - 116 - LRB103 29079 CPF 55465 b
Agency consideration. The Agency is not obligated to use the
suggested language or any portion thereof in its permitting
decision. If requested by the permit applicant, the Agency
shall meet with the applicant to discuss the suggested
language.
(u) If requested by the permit applicant, the Agency shall
provide the permit applicant with a copy of the draft permit
prior to any public review period.
(v) If requested by the permit applicant, the Agency shall
provide the permit applicant with a copy of the final permit
prior to its issuance.
(w) An air pollution permit shall not be required due to
emissions of greenhouse gases, as specified by Section 9.15 of
this Act.
(x) If, before the expiration of a State operating permit
that is issued pursuant to subsection (a) of this Section and
contains federally enforceable conditions limiting the
potential to emit of the source to a level below the major
source threshold for that source so as to exclude the source
from the Clean Air Act Permit Program, the Agency receives a
complete application for the renewal of that permit, then all
of the terms and conditions of the permit shall remain in
effect until final administrative action has been taken on the
application for the renewal of the permit.
(y) The Agency may issue permits exclusively under this
subsection to persons owning or operating a CCR surface

SB2421 - 117 - LRB103 29079 CPF 55465 b
impoundment subject to Section 22.59.
(z) If a mass animal mortality event is declared by the
Department of Agriculture in accordance with the Animal
Mortality Act:
(1) the owner or operator responsible for the disposal
of dead animals is exempted from the following:
(i) obtaining a permit for the construction,
installation, or operation of any type of facility or
equipment issued in accordance with subsection (a) of
this Section;
(ii) obtaining a permit for open burning in
accordance with the rules adopted by the Board; and
(iii) registering the disposal of dead animals as
an eligible small source with the Agency in accordance
with Section 9.14 of this Act;
(2) as applicable, the owner or operator responsible
for the disposal of dead animals is required to obtain the
following permits:
(i) an NPDES permit in accordance with subsection
(b) of this Section;
(ii) a PSD permit or an NA NSR permit in accordance
with Section 9.1 of this Act;
(iii) a lifetime State operating permit or a
federally enforceable State operating permit, in
accordance with subsection (a) of this Section; or
(iv) a CAAPP permit, in accordance with Section

SB2421 - 118 - LRB103 29079 CPF 55465 b
39.5 of this Act.
All CCR surface impoundment permits shall contain those
terms and conditions, including, but not limited to, schedules
of compliance, which may be required to accomplish the
purposes and provisions of this Act, Board regulations, the
Illinois Groundwater Protection Act and regulations pursuant
thereto, and the Resource Conservation and Recovery Act and
regulations pursuant thereto, and may include schedules for
achieving compliance therewith as soon as possible.
The Board shall adopt filing requirements and procedures
that are necessary and appropriate for the issuance of CCR
surface impoundment permits and that are consistent with this
Act or regulations adopted by the Board, and with the RCRA, as
amended, and regulations pursuant thereto.
The applicant shall make available to the public for
inspection all documents submitted by the applicant to the
Agency in furtherance of an application, with the exception of
trade secrets, on its public internet website as well as at the
office of the county board or governing body of the
municipality where CCR from the CCR surface impoundment will
be permanently disposed. Such documents may be copied upon
payment of the actual cost of reproduction during regular
business hours of the local office.
The Agency shall issue a written statement concurrent with
its grant or denial of the permit explaining the basis for its
decision.

SB2421 - 119 - LRB103 29079 CPF 55465 b
(Source: P.A. 101-171, eff. 7-30-19; 102-216, eff. 1-1-22;
102-558, eff. 8-20-21; 102-813, eff. 5-13-22.)
(415 ILCS 5/40) (from Ch. 111 1/2, par. 1040)
Sec. 40. Appeal of permit denial.
(a)(1) If the Agency refuses to grant or grants with
conditions a permit under Section 39 of this Act, the
applicant may, within 35 days after the date on which the
Agency served its decision on the applicant, petition for a
hearing before the Board to contest the decision of the
Agency. However, the 35-day period for petitioning for a
hearing may be extended for an additional period of time not to
exceed 90 days by written notice provided to the Board from the
applicant and the Agency within the initial appeal period. The
Board shall give 21 days' notice to any person in the county
where is located the facility in issue who has requested
notice of enforcement proceedings and to each member of the
General Assembly in whose legislative district that
installation or property is located; and shall publish that
21-day notice in a newspaper of general circulation in that
county. The Agency shall appear as respondent in such hearing.
At such hearing the rules prescribed in Section 32 and
subsection (a) of Section 33 of this Act shall apply, and the
burden of proof shall be on the petitioner. If, however, the
Agency issues an NPDES permit that imposes limits which are
based upon a criterion or denies a permit based upon

SB2421 - 120 - LRB103 29079 CPF 55465 b
application of a criterion, then the Agency shall have the
burden of going forward with the basis for the derivation of
those limits or criterion which were derived under the Board's
rules.
(2) Except as provided in paragraph (a)(3), if there is no
final action by the Board within 120 days after the date on
which it received the petition, the petitioner may deem the
permit issued under this Act, provided, however, that that
period of 120 days shall not run for any period of time, not to
exceed 30 days, during which the Board is without sufficient
membership to constitute the quorum required by subsection (a)
of Section 5 of this Act, and provided further that such 120
day period shall not be stayed for lack of quorum beyond 30
days regardless of whether the lack of quorum exists at the
beginning of such 120-day period or occurs during the running
of such 120-day period.
(3) Paragraph (a)(2) shall not apply to any permit which
is subject to subsection (b), (d) or (e) of Section 39. If
there is no final action by the Board within 120 days after the
date on which it received the petition, the petitioner shall
be entitled to an Appellate Court order pursuant to subsection
(d) of Section 41 of this Act.
(b) If the Agency grants a RCRA permit for a hazardous
waste disposal site, a third party, other than the permit
applicant or Agency, may, within 35 days after the date on
which the Agency issued its decision, petition the Board for a

SB2421 - 121 - LRB103 29079 CPF 55465 b
hearing to contest the issuance of the permit. Unless the
Board determines that such petition is duplicative or
frivolous, or that the petitioner is so located as to not be
affected by the permitted facility, the Board shall hear the
petition in accordance with the terms of subsection (a) of
this Section and its procedural rules governing denial
appeals, such hearing to be based exclusively on the record
before the Agency. The burden of proof shall be on the
petitioner. The Agency and the permit applicant shall be named
co-respondents.
The provisions of this subsection do not apply to the
granting of permits issued for the disposal or utilization of
sludge from publicly owned sewage works.
(c) Any party to an Agency proceeding conducted pursuant
to Section 39.3 of this Act may petition as of right to the
Board for review of the Agency's decision within 35 days from
the date of issuance of the Agency's decision, provided that
such appeal is not duplicative or frivolous. However, the
35-day period for petitioning for a hearing may be extended by
the applicant for a period of time not to exceed 90 days by
written notice provided to the Board from the applicant and
the Agency within the initial appeal period. If another person
with standing to appeal wishes to obtain an extension, there
must be a written notice provided to the Board by that person,
the Agency, and the applicant, within the initial appeal
period. The decision of the Board shall be based exclusively

SB2421 - 122 - LRB103 29079 CPF 55465 b
on the record compiled in the Agency proceeding. In other
respects the Board's review shall be conducted in accordance
with subsection (a) of this Section and the Board's procedural
rules governing permit denial appeals.
(d) In reviewing the denial or any condition of a NA NSR
permit issued by the Agency pursuant to rules and regulations
adopted under subsection (c) of Section 9.1 of this Act, the
decision of the Board shall be based exclusively on the record
before the Agency including the record of the hearing, if any,
unless the parties agree to supplement the record. The Board
shall, if it finds the Agency is in error, make a final
determination as to the substantive limitations of the permit
including a final determination of Lowest Achievable Emission
Rate.
(e)(1) If the Agency grants or denies a permit under
subsection (b) of Section 39 of this Act, a third party, other
than the permit applicant or Agency, may petition the Board
within 35 days from the date of issuance of the Agency's
decision, for a hearing to contest the decision of the Agency.
(2) A petitioner shall include the following within a
petition submitted under subdivision (1) of this subsection:
(A) a demonstration that the petitioner raised the
issues contained within the petition during the public
notice period or during the public hearing on the NPDES
permit application, if a public hearing was held; and
(B) a demonstration that the petitioner is so situated

SB2421 - 123 - LRB103 29079 CPF 55465 b
as to be affected by the permitted facility.
(3) If the Board determines that the petition is not
duplicative or frivolous and contains a satisfactory
demonstration under subdivision (2) of this subsection, the
Board shall hear the petition (i) in accordance with the terms
of subsection (a) of this Section and its procedural rules
governing permit denial appeals and (ii) exclusively on the
basis of the record before the Agency. The burden of proof
shall be on the petitioner. The Agency and permit applicant
shall be named co-respondents.
(f) Any person who files a petition to contest the
issuance of a permit by the Agency shall pay a filing fee.
(g) If the Agency grants or denies a permit under
subsection (y) of Section 39, a third party, other than the
permit applicant or Agency, may appeal the Agency's decision
as provided under federal law for CCR surface impoundment
permits.
(h) If the Agency grants or denies a permit for the capture
of carbon dioxide under Section 9.20 or a permit for
sequestration of carbon dioxide under Section 22.63,
including, but not limited to, the disapproval of financial
assurance under subsection (f) of Section 22.63, any person
may petition the Board, within 35 days after the date of
issuance of the Agency's decision, for a hearing to contest
the grant or denial.
(Source: P.A. 101-171, eff. 7-30-19; 102-558, eff. 8-20-21.)

SB2421 - 124 - LRB103 29079 CPF 55465 b
Section 97. Severability. The provisions of this Act are
severable under Section 1.31 of the Statute on Statutes.
Section 99. Effective date. This Act takes effect upon
becoming law.
SB2421 - 125 - LRB103 29079 CPF 55465 b
INDEX
Statutes amended in order of appearance