| ||||
Public Act 096-1491 | ||||
| ||||
| ||||
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(Section scheduled to be repealed on December 31, 2010)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(Section scheduled to be repealed on December 31, 2010)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.
|