Public Act 096-1491
 
SB0678 EnrolledLRB096 06735 DRJ 16819 b



    AN ACT concerning regulation.

 
    Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: 



 
    Section 5. The Clean Coal FutureGen for Illinois Act is 
amended  by changing Sections 5, 10, 15, and 998 as follows:
 
    (20 ILCS 1107/5)
    (Section scheduled to be repealed on December 31, 2010)

    Sec. 5. Purpose.   Recognizing that the FutureGen Project is 
a first-of-a-kind research project to permanently sequester 
underground captured CO2 carbon-dioxide emissions from: (1) a 
coal-fueled power plant that uses as its primary fuel source 
high volatile bituminous rank coal with greater than 1.7  pounds 
of sulfur per million btu content or (2) other approved and 
permitted captured CO2 sources in the State of Illinois, and 
that such a project would have benefits to the economy and 
environment of Illinois, the purpose of this Act is to provide 
the FutureGen Alliance with adequate liability protection and 
permitting certainty to facilitate the siting of the FutureGen 
Project in the State of Illinois, to provide to the State of 
Illinois certain financial benefits from environmental 
attributes for the Project, and to help secure over $1 billion 
in federal funding for the Project.  

(Source: P.A. 95-18, eff. 7-30-07.)
 
    (20 ILCS 1107/10)
    (Section scheduled to be repealed on December 31, 2010)

    Sec. 10. Legislative findings.   The General Assembly finds 
and determines that:
        (1) human-induced greenhouse gas emissions have been 
    identified as contributing to global warming, the effects 
    of which pose a threat to public health and safety and the 
    economy of the State of Illinois;
        (2) in order to meet the energy needs of the State of 
    Illinois, keep its economy strong and protect the 
    environment while reducing its contribution to 
    human-induced greenhouse gas emissions, the State of 
    Illinois must be a leader in developing new low-carbon 
    technologies;
        (3) carbon capture and storage is a low-carbon 
    technology that involves capturing the captured CO2 carbon 
    dioxide from fossil fuel energy electric and hydrogen 
    generating units and other industrial facilities and 
    injecting it into secure geologic strata for permanent 
    storage;
        (4) the FutureGen Project is a public-private 
    partnership between the Federal Department of Energy and 
    the FutureGen Alliance that proposes to use this new 
    technology as part of a plan to transport and store 
    captured CO2 from a coal-fueled power plant that uses as 
    its primary fuel source high-volatile bituminous rank coal 
    with greater than 1.7  pounds of sulfur per million btu 
    content and other captured CO2 sources that are approved by 
    the appropriate State of Illinois agency and permitted in 
    the State of Illinois build and operate a near zero 
    emission coal fueled power plant;
        (5) the FutureGen Project will help ensure the 
    long-term viability of Illinois Basin coal as a major 
    energy source in the State of Illinois and throughout the 
    nation and represents a significant step in the State of 
    Illinois' efforts to become a self-sufficient, clean 
    energy producer; 
        (6) the FutureGen Project provides an opportunity for 
    the State of Illinois to partner with the Federal 
    Department of Energy and the FutureGen Alliance in the 
    development of these innovative clean-coal technologies;
        (7) the FutureGen Project will make the State of 
    Illinois a center for developing and refining clean coal 
    technology, hydrogen production and carbon capture and 
    storage, and will result in the development of new 
    technologies designed to improve the efficiency of the 
    energy industry that will be replicated world wide;
        (8) the FutureGen Project is an important coal 
    development and conversion project that will create jobs in 
    the State of Illinois during the construction and 
    operational phases, contribute to the overall economy of 
    the State of Illinois and help reinvigorate the Illinois 
    Basin coal industry; and
        (9) the FutureGen Project and the property necessary 
    for the FutureGen Project  serve  a substantial public 
    purpose as its advanced clean-coal coal gasification, 
    electricity generation, hydrogen production, advanced 
    emissions control and carbon capture and storage 
    technologies will benefit the citizens of the State of 
    Illinois.

(Source: P.A. 95-18, eff. 7-30-07.)
 
    (20 ILCS 1107/15)
    (Section scheduled to be repealed on December 31, 2010)

    Sec. 15. Definitions.   For the purposes of this Act:
    "Agency" means the Illinois Environmental Protection 
Agency.
    "Captured CO2" means CO2 and other trace chemical 
constituents approved by the Agency for injection into the 
Mount Simon Formation. 
    "Carbon capture and storage" means the process of 
collecting captured CO2 capturing CO2 and other chemical 
constituents from coal combustion by-products for the purpose 
of injecting and storing the captured CO2  gas for permanent 
storage.
    "Carbon dioxide" or "CO2" means a colorless, odorless gas 
in the form of one carbon and 2 oxygen atoms that is the 
principal greenhouse gas.
    "Department" means the Department of Commerce and Economic 
Opportunity.
    "Director" means the Director of Commerce and Economic 
Opportunity.
    "Federal Department" means the federal Department of 
Energy.
    "FutureGen Alliance" is a 501(c)(3) non-profit consortium 
of coal and energy producers created to benefit the public 
interest and the interest of science through the research, 
development, and demonstration of near zero-emission coal 
technology, with the cooperation of the Federal Department 
that, as of the effective date of this Act, includes American 
Electric Power, Anglo American plc, BHP Billiton, E. ON US, 
China Huaneng Group, CONSOL Energy, Foundation Coal, Kennecott 
Energy,  Peabody Energy, PPL Corporation, Rio Tinto Energy 
American, Southern Company, and Xstrata Coal.
    "FutureGen Project" means the public-private partnership 
between the Federal Department and the FutureGen Alliance that 
will control captured CO2 and will construct and operate a 
pipeline and storage field for captured CO2 coal-fueled power 
plant utilizing state-of-the-art clean-coal technology and 
carbon capture and storage. Two locations in Illinois, Tuscola  
and Mattoon, are under consideration for the FutureGen Project. 
These are the only locations eligible for benefits under this 
Act.
    "Mount Simon Formation" means the deep sandstone reservoir 
into which the sequestered CO2 gas is to be injected at a depth 
greater than 3,500 feet depths generally ranging between 5,500 
and 8,500 feet below ground surface and that is bounded by the 
granitic basement below and the Eau Claire Shale above.
    "Operator" means the FutureGen Alliance and its member 
companies, including their parent companies, subsidiaries, 
affiliates, directors, officers, employees, and agents, or a 
not-for-profit successor-in-interest approved by the 
Department.
    "Post-injection"  means after the captured CO2  gas has been 
successfully injected into the wellhead at the point at which 
the captured CO2 gas is transferred into the wellbore  for 
carbon sequestration and storage into the  Mount Simon 
Formation.
    "Pre-injection" means all activities and occurrences prior 
to successful delivery  into the wellhead at the point at which 
the captured CO2 gas is transferred into the wellbore  for 
carbon sequestration and storage into the Mount Simon 
Formation, including but not limited to, the operation of the 
FutureGen Project.
    "Public liability" means any civil legal liability arising 
out of or resulting from the storage, escape, release, or 
migration of the post-injection sequestered CO2 gas that was 
injected by the Operator and for which title is transferred to 
the State pursuant to Section 20 of this Act during the 
operation of the FutureGen Project by the FutureGen Alliance. 
The term "public liability", however, does not include any 
legal liability arising out of or resulting from the 
construction, operation, or other pre-injection activity of 
the Operator or any other third party.
    "Public liability action" or "action" means a written 
demand, lawsuit, or claim from any third party received by the 
Operator seeking a remedy or alleging liability on behalf of 
Operator resulting from any public liability.
    "Sequestered CO2 gas" means the captured CO2 and other 
chemical constituents  from the FutureGen Project operations 
that is are injected into the Mount Simon Formation by the 
Operator.



(Source: P.A. 95-18, eff. 7-30-07.)
 
    (20 ILCS 1107/998)
    (Section scheduled to be repealed on December 31, 2010)

    Sec. 998. Repeal.  This Act is repealed on March 1, 2011 
December 31, 2010 unless the FutureGen Project has been located 
at either the Mattoon or Tuscola site in Illinois.

(Source: P.A. 95-18, eff. 7-30-07.)
 

    Section 99. Effective date. This Act takes effect upon 
becoming law.