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SB1697 Enrolled LRB104 09225 AAS 19282 b AN ACT concerning regulation.
*LRB10409225AAS26415a* Sen.
Be it enacted by the People of the State of Illinois, represented in the General Assembly:
Laura Fine Filed:
Section 5.
5/20/2025 10400SB1697sam002 LRB104 09225 AAS 26415 a AMENDMENT TO SENATE BILL 1697 AMENDMENT NO.
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Amend Senate Bill 1697, AS AMENDED, by replacing everything after the enacting clause with the following:
"Section 5.
(1) compensation for damage to growing crops, trees, shrubs, fences, roads, structures, improvements, personal property, and livestock thereon and compensation for the loss of the value of a commercial crop impacted by pipeline installation;
(1) compensation for damage to growing crops, trees, shrubs, fences, roads, structures, improvements, personal 10400SB1697sam002 -2- LRB104 09225 AAS 26415 a property, and livestock thereon and compensation for the loss of the value of a commercial crop impacted by pipeline installation;
SB1697 Enrolled - 2 - LRB104 09225 AAS 19282 b (C) determining the acreage of the area impacted by pipeline activities and applying the determined price;
(C) determining the acreage of the area impacted by pipeline activities and applying the determined price;
An applicant shall not access a property where excessively wet soil conditions would not allow normal farming operations due to increased risk of soil erosion, rutting, or compaction.
An applicant shall not access a property where excessively 10400SB1697sam002 -3- LRB104 09225 AAS 26415 a wet soil conditions would not allow normal farming operations due to increased risk of soil erosion, rutting, or compaction.
If there is a dispute between the applicant who has been granted a certificate of authority under this Act and the landowner regarding SB1697 Enrolled - 3 - LRB104 09225 AAS 19282 b the value of the damage to the productive capability of the soil, the applicant who has been granted a certificate of authority under this Act and the landowner shall consult with a representative of the soil and water conservation district in the respective county where the parcel of property is located for recommendations to restore the productive capability of the soil;
If there is a dispute between the applicant who has been granted a certificate of authority under this Act and the landowner regarding the value of the damage to the productive capability of the soil, the applicant who has been granted a certificate of authority under this Act and the landowner shall consult with a representative of the soil and water conservation district in the respective county where the parcel of property is located for recommendations to restore the productive capability of the soil;
and (B) compensation such that the applicant who has been granted a certificate of authority under this Act shall compensate the affected landowner to permanently restore drainage to the condition of the drainage prior to accessing the property.
and (B) compensation such that the applicant who has been granted a certificate of authority under this Act shall compensate the affected landowner to permanently 10400SB1697sam002 -4- LRB104 09225 AAS 26415 a restore drainage to the condition of the drainage prior to accessing the property.
Unless otherwise agreed, the applicant who has been granted a certificate of authority under this Act shall tender to the landowner payment SB1697 Enrolled - 4 - LRB104 09225 AAS 19282 b by check or draft no later than 60 days after completing the required activities under the application if the occurrence or value of damages is not disputed.
Unless otherwise agreed, the applicant who has been granted a certificate of authority under this Act shall tender to the landowner payment by check or draft no later than 60 days after completing the required activities under the application if the occurrence or value of damages is not disputed.
(d) Nothing in this Section shall have any impact on an applicant's fulfillment of the requirement to enter into an agreement with the Department of Agriculture that governs the mitigation of agricultural impacts associated with the construction of the proposed pipeline as detailed in paragraph (6) of subsection (b) of Section 20.
(d) Nothing in this Section shall have any impact on an applicant's fulfillment of the requirement to enter into an 10400SB1697sam002 -5- LRB104 09225 AAS 26415 a agreement with the Department of Agriculture that governs the mitigation of agricultural impacts associated with the construction of the proposed pipeline as detailed in paragraph (6) of subsection (b) of Section 20.
SB1697 Enrolled - 5 - LRB104 09225 AAS 19282 b Section 10.
Section 10.
(b) If all of the pore space owners within a proposed or permitted sequestration facility do not agree to integrate the pore space owners' interests, the sequestration operator may petition the Department of Natural Resources to issue an order requiring the pore space owners to integrate their interests and authorizing the sequestration operator or sequestration facility permit holder to develop and use the integrated pore space as a sequestration facility for carbon sequestration.
(b) If all of the pore space owners within a proposed or permitted sequestration facility do not agree to integrate the pore space owners' interests, the sequestration operator may petition the Department of Natural Resources to issue an order requiring the pore space owners to integrate their interests and authorizing the sequestration operator or sequestration 10400SB1697sam002 -6- LRB104 09225 AAS 26415 a facility permit holder to develop and use the integrated pore space as a sequestration facility for carbon sequestration.
SB1697 Enrolled - 6 - LRB104 09225 AAS 19282 b (2) the property index numbers or legal descriptions for the parcels of property and a geologic description of the pore space within the proposed or permitted sequestration facility;
(2) the property index numbers or legal descriptions for the parcels of property and a geologic description of the pore space within the proposed or permitted sequestration facility;
(4) the names and addresses of all pore space owners owning property within the proposed or permitted sequestration facility as disclosed by the records of the office of the recorder for the county or counties in which the proposed or permitted sequestration facility is situated and a list of consenting and nonconsenting pore space owners, as well as a list of all properties for which a pore space owner is unknown or nonlocatable;
(4) the names and addresses of all pore space owners owning property within the proposed or permitted sequestration facility as disclosed by the records of the office of the recorder for the county or counties in which the proposed or permitted sequestration facility is 10400SB1697sam002 -7- LRB104 09225 AAS 26415 a situated and a list of consenting and nonconsenting pore space owners, as well as a list of all properties for which a pore space owner is unknown or nonlocatable;
(5) a statement that the petitioner has exercised due diligence to locate each pore space owner and to seek an agreement with each for pore space rights for the sequestration facility, including a description of the good faith efforts taken to identify, contact, and SB1697 Enrolled - 7 - LRB104 09225 AAS 19282 b negotiate with each nonconsenting pore space owner;
(5) a statement that the petitioner has exercised due diligence to locate each pore space owner and to seek an agreement with each for pore space rights for the sequestration facility, including a description of the good faith efforts taken to identify, contact, and negotiate with each nonconsenting pore space owner;
The application fee shall be deposited into the Oil and Gas Resource Management Fund for the Department of Natural Resources' costs related to administration of this Act.
The application fee shall be deposited into the Oil and 10400SB1697sam002 -8- LRB104 09225 AAS 26415 a Gas Resource Management Fund for the Department of Natural Resources' costs related to administration of this Act.
(c) If the petition for a unitization order concerns unknown or nonlocatable pore space owners, the applicant shall provide public notice once a week for 2 consecutive weeks in the newspaper of the largest circulation in each county in which the proposed sequestration facility is located within 30 days prior to submission of the petition for a unitization and SB1697 Enrolled - 8 - LRB104 09225 AAS 19282 b integration order.
(c) If the petition for a unitization order concerns unknown or nonlocatable pore space owners, the applicant shall provide public notice once a week for 2 consecutive weeks in the newspaper of the largest circulation in each county in which the proposed sequestration facility is located within 30 days prior to submission of the petition for a unitization and integration order.
(4) in the case of a nonlocatable pore space owner, identify the pore space owner and the owner's last known address;
10400SB1697sam002 -9- LRB104 09225 AAS 26415 a (4) in the case of a nonlocatable pore space owner, identify the pore space owner and the owner's last known address;
Unknown or nonlocatable pore space owners that have not SB1697 Enrolled - 9 - LRB104 09225 AAS 19282 b claimed an interest by the time of the Department of Natural Resources' public notice in subsection (d) shall be deemed to have consented to unitization and integration of their pore space.
Unknown or nonlocatable pore space owners that have not claimed an interest by the time of the Department of Natural Resources' public notice in subsection (d) shall be deemed to have consented to unitization and integration of their pore space.
(e) The Department of Natural Resources shall issue an order unitizing and integrating pore space under subsection (b) within 60 days after the hearing upon a showing that:
10400SB1697sam002 -10- LRB104 09225 AAS 26415 a (e) The Department of Natural Resources shall issue an order unitizing and integrating pore space under subsection (b) within 60 days after the hearing upon a showing that:
(1) the petitioner has obtained a Class VI well permit or, if the well permit application is still pending at least one year from the date the petition has been filed, that the petitioner has received a Finding of Administrative Completeness from the United States SB1697 Enrolled - 10 - LRB104 09225 AAS 19282 b Environmental Protection Agency;
(1) the petitioner has obtained a Class VI well permit or, if the well permit application is still pending at least one year from the date the petition has been filed, that the petitioner has received a Finding of Administrative Completeness from the United States Environmental Protection Agency;
The nonconsenting pore space owner's compensation shall include just compensation and any operations term or injection term payments made upon or after the initiation of injection provided to consenting pore space owners in consideration of allowing use of their pore space for sequestration of carbon dioxide, but Such compensation shall exclude any incentives, such as signing bonuses, provided to consenting pore space owners prior to the initiation of SB1697 Enrolled - 11 - LRB104 09225 AAS 19282 b injection.
The nonconsenting pore space 10400SB1697sam002 -11- LRB104 09225 AAS 26415 a owner's compensation shall include just compensation and any operations term or injection term payments made upon or after the initiation of injection provided to consenting pore space owners in consideration of allowing use of their pore space for sequestration of carbon dioxide, but Such compensation shall exclude any incentives, such as signing bonuses, provided to consenting pore space owners prior to the initiation of injection.
When evaluating the compensation provided to a similarly situated pore space owner, the Department of Natural Resources shall exclude any compensation provided to a pore space owner of a property identified by the applicant in paragraph (3) of subsection (b) and any compensation that was not provided as part of an arm's length transaction.
When evaluating the compensation provided to a 10400SB1697sam002 -12- LRB104 09225 AAS 26415 a similarly situated pore space owner, the Department of Natural Resources shall exclude any compensation provided to a pore space owner of a property identified by the applicant in paragraph (3) of subsection (b) and any compensation that was not provided as part of an arm's length transaction.
Unknown or nonlocatable pore space owners shall also receive just compensation in the same manner as provided SB1697 Enrolled - 12 - LRB104 09225 AAS 19282 b to the other nonconsenting pore space owners that must be held in a separate escrow account for 20 years for future payment to the previously unknown or nonlocatable pore space owner upon discovery of that owner.
Unknown or nonlocatable pore space owners shall also receive just compensation in the same manner as provided to the other nonconsenting pore space owners that must be held in a separate escrow account for 20 years for future payment to the previously unknown or nonlocatable pore space owner upon discovery of that owner.
provide for who may unitize the pore space to establish a sequestration facility to be permitted by the Illinois Environmental Protection Agency;
provide for who may unitize the pore space to 10400SB1697sam002 -13- LRB104 09225 AAS 26415 a establish a sequestration facility to be permitted by the Illinois Environmental Protection Agency;
(i) If groundwater monitoring required by a Class VI SB1697 Enrolled - 13 - LRB104 09225 AAS 19282 b permit indicates that the source of drinking water has been rendered unsafe to drink or to provide to livestock, the sequestration operator shall provide an alternate supply of potable drinking water within 24 hours of the monitoring results becoming available and an alternate supply of water that is safe for other uses necessary within 30 days of the monitoring results becoming available.
(i) If groundwater monitoring required by a Class VI permit indicates that the source of drinking water has been rendered unsafe to drink or to provide to livestock, the sequestration operator shall provide an alternate supply of potable drinking water within 24 hours of the monitoring results becoming available and an alternate supply of water that is safe for other uses necessary within 30 days of the monitoring results becoming available.
When submitting this request, the petitioner shall provide information demonstrating the good faith efforts taken to negotiate an agreement with the nonconsenting pore space owner, including, but not limited to, the number and extent of the petitioner's contacts with the pore space owner, whether the petitioner explained the compensation offer to the pore space owner, whether the compensation offer was comparable to similarly situated pore space owners, what efforts were made to address the pore space owner's concerns, and the likelihood that further negotiations would be successful.
When submitting this request, the petitioner shall provide information demonstrating the good faith efforts taken to negotiate an 10400SB1697sam002 -14- LRB104 09225 AAS 26415 a agreement with the nonconsenting pore space owner, including, but not limited to, the number and extent of the petitioner's contacts with the pore space owner, whether the petitioner explained the compensation offer to the pore space owner, whether the compensation offer was comparable to similarly situated pore space owners, what efforts were made to address the pore space owner's concerns, and the likelihood that further negotiations would be successful.
All orders requiring SB1697 Enrolled - 14 - LRB104 09225 AAS 19282 b the provision of just compensation shall be made after notice and hearing in which the Department of Natural Resources shall determine the appropriate amount of just compensation to be provided to each nonconsenting pore space owner as described in this Section.
All orders requiring the provision of just compensation shall be made after notice and hearing in which the Department of Natural Resources shall determine the appropriate amount of just compensation to be provided to each nonconsenting pore space owner as described in this Section.
The Department of Natural Resources shall not be required to certify any record to the court or file any answer in court or otherwise appear in any court in a judicial review proceeding, unless there is filed in the court with the complaint a receipt from the Department of Natural Resources acknowledging payment of the costs of furnishing and certifying the record.
The 10400SB1697sam002 -15- LRB104 09225 AAS 26415 a Department of Natural Resources shall not be required to certify any record to the court or file any answer in court or otherwise appear in any court in a judicial review proceeding, unless there is filed in the court with the complaint a receipt from the Department of Natural Resources acknowledging payment of the costs of furnishing and certifying the record.
SB1697 Enrolled - 15 - LRB104 09225 AAS 19282 b (Source:
(Source:
7-18-24.)
7-18-24.)".