(415 ILCS 185/20)

Sec. 20. Surface access for pore space owners.

(a) If a sequestration operator must enter upon the surface property of an affected pore space owner to comply with Class VI well permit requirements or carbon sequestration activity permit requirements for the purposes of monitoring a sequestration facility or to respond to an emergency causing immediate risk to human health, environmental resources, or infrastructure, the sequestration operator must undertake such activities in such a way as to minimize the impact to the surface of the parcel of property and to ensure that the following requirements are met:

(1) The required actions under the Class VI well permit or carbon sequestration activity permit shall be limited to surface monitoring activities, such as geophysical surveys, but does not include the installation of surface infrastructure except as provided in paragraphs (2) and (3).

(2) Shallow groundwater monitoring wells shall be allowed to be installed on such property only if the carbon dioxide plume may have unexpectedly migrated and the United States Environmental Protection Agency or the Illinois Environmental Protection Agency requires monitoring of groundwater for potential carbon dioxide impact.

(3) Injection wells, deep monitoring wells, and surface infrastructure other than shallow groundwater monitoring wells as allowed by paragraph (2) will not be located on the parcel of property of an affected pore space owner without the express written consent of such owner.

(b) Except in an emergency causing immediate risk to human health, environmental resources, or infrastructure, a sequestration operator shall not enter upon the surface property for purposes of undertaking required activities under a Class VI well permit or carbon sequestration permit of any affected pore space owner until 30 days after providing written notice to the affected pore space owner by registered mail and after providing a second notice to the pore space owner of record, as identified in the records of the relevant county tax assessor, by telephone or email or by registered mail in the event the property owner has not been notified by other means, at least 3 days, but not more than 15 days, prior to the stated date in the notice, identifying the date when access will first begin on the owner's property and informing the affected pore space owner that the owner or the owner's agent may be present when the access occurs.

(Source: P.A. 103-651, eff. 7-18-24.)