SB 678 — NURSING HOME-FRAUD CONTROL

(6) "Licensee" means the individual or entity licensed to operate a facility under the Nursing Home Care Act or the Assisted Living and Shared Housing Act.

(7) "Facility" or "long term care facility" means a private home, institution, building, residence, or any other place, whether operated for profit or not, or a county home for the infirm and chronically ill operated pursuant to Division 5-21 or 5-22 of the Counties Code, or any similar institution operated by the State of Illinois or a political subdivision thereof, which provides, through its ownership or management, personal care, sheltered care or nursing for 3 or more persons not related to the owner by blood or marriage.

The term also includes skilled nursing facilities and intermediate care facilities as defined in Title XVIII and Title XIX of the federal Social Security Act and assisted living SB0678 Engrossed - 7 - LRB096 06735 DRJ 16819 b establishments and shared housing establishments licensed under the Assisted Living and Shared Housing Act.

(e) Nothing contained in this Section shall be deemed to apply to the medical supervision, regulation or control of the remedial care or treatment of residents in a facility conducted for those who rely upon treatment by prayer or spiritual means in accordance with the creed or tenets of any well recognized church or religious denomination and which is licensed in accordance with Section 3-803 of the Nursing Home Care Act.

93-301,95-18, eff.

1-1-04.)7-30-07.) (TextSB0678 ofEnrolled Section- after2 amendment- byLRB096 P.A.06735 DRJ 16819 b (20 ILCS 1107/10) (Section scheduled to be repealed on December 31, 2010) Sec.

96-339)10. Sec.

12-19.Legislative findings.

AbuseThe andGeneral CriminalAssembly Neglectfinds ofand adetermines Longthat: Term Care Facility Resident.

(a)(1) Anyhuman-induced persongreenhouse orgas anyemissions ownerhave orbeen licenseeidentified ofas acontributing longto termglobal carewarming, facilitythe whoeffects abusesof which pose a longthreat termto carepublic facilityhealth residentand issafety guiltyand the economy of athe ClassState 3of felony.Illinois;

Any(2) personin ororder anyto ownermeet orthe licenseeenergy needs of athe longState termof careIllinois, facilitykeep whoits criminallyeconomy neglectsstrong aand longprotect termthe careenvironment facilitywhile residentreducing isits guiltycontribution to human-induced greenhouse gas emissions, the State of Illinois must be a Classleader 4in felony.developing new low-carbon technologies;

A(3) personcarbon whosecapture criminaland neglectstorage ofis a longlow-carbon termtechnology carethat facilityinvolves residentcapturing resultsthe incaptured theCO2 resident'scarbon deathdioxide isfrom guiltyfossil offuel aenergy Classelectric 3and felony.hydrogen generating units and other industrial facilities and injecting it into secure geologic strata for permanent storage;

However,(4) nothingthe hereinFutureGen shallProject beis deemeda public-private partnership between the Federal Department of Energy and the FutureGen Alliance that proposes to applyuse this new technology as part of a plan to transport and store captured CO2 from a physiciancoal-fueled licensedpower toplant practicethat medicineuses inas allSB0678 Enrolled - 3 - LRB096 06735 DRJ 16819 b its branchesprimary orfuel asource dulyhigh-volatile licensedbituminous nurserank providingcoal carewith withingreater thethan scope1.7 pounds of hissulfur orper hermillion professionalbtu judgmentcontent and withinother captured CO2 sources that are approved by the acceptedappropriate standardsState of careIllinois withinagency and permitted in the community.State of Illinois build and operate a near zero emission coal fueled power plant;

SB0678(5) Engrossedthe -FutureGen 8Project -will LRB096help 06735ensure DRJthe 16819long-term bviability (b)of NotwithstandingIllinois theBasin penaltiescoal inas subsectionsa (a)major andenergy (c)source and in additionthe thereto,State if a licensee or owner of aIllinois longand termthroughout carethe facilitynation orand hisrepresents ora hersignificant employeestep hasin causedthe neglectState of aIllinois' resident,efforts theto licenseebecome ora ownerself-sufficient, isclean guiltyenergy ofproducer; a petty offense.

An(6) ownerthe orFutureGen licenseeProject isprovides guiltyan underopportunity thisfor subsectionthe (b)State onlyof ifIllinois theto ownerpartner orwith licenseethe failedFederal toDepartment exerciseof reasonableEnergy careand in the hiring,FutureGen training,Alliance supervisingin orthe providingdevelopment of staffthese orinnovative otherclean-coal relatedtechnologies; routine administrative responsibilities.

(c)(7) Notwithstanding the penaltiesFutureGen inProject subsectionswill (a)make andthe (b)State andof inIllinois addition thereto, if a licenseecenter orfor ownerdeveloping ofand arefining longclean termcoal caretechnology, facilityhydrogen orproduction hisand orcarbon hercapture employeeand hasstorage, causedand grosswill neglectresult ofin a resident, the licenseedevelopment or owner is guilty of anew businesstechnologies offensedesigned forto whichimprove athe fineefficiency of notthe moreenergy thanindustry $10,000that maywill be imposed.replicated world wide;

An(8) ownerthe orFutureGen licenseeProject is guiltyan underimportant thiscoal subsectiondevelopment (c)and onlyconversion ifproject that will create jobs in the ownerState orof licenseeIllinois failedduring tothe exerciseconstruction reasonableand careoperational inphases, contribute to the hiring,overall training,economy supervisingof orSB0678 providingEnrolled - 4 - LRB096 06735 DRJ 16819 b the State of staffIllinois orand otherhelp relatedreinvigorate routinethe administrativeIllinois responsibilities.Basin coal industry;

(d)and For(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 thisthe Section:State of Illinois.

(1) "Abuse" means intentionally or knowingly causing any physical or mental injury or committing any sexual offense set forth in this Code.

(2) "Criminal neglect" means an act whereby a person recklessly (i) performs acts that cause an elderly person's or person with a disability's life to be endangered, health to be injured, or pre-existing physical or mental condition SB0678 Engrossed - 9 - LRB096 06735 DRJ 16819 b to deteriorate or that create the substantial likelihood that an elderly person's or person with a disability's life will be endangered, health will be injured, or pre-existing physical or mental condition will deteriorate, or (ii) fails to perform acts that he or she knows or reasonably should know are necessary to maintain or preserve the life or health of an elderly person or person with a disability, and that failure causes the elderly person's or person with a disability's life to be endangered, health to be injured, or pre-existing physical or mental condition to deteriorate or that create the substantial likelihood that an elderly person's or person with a disability's life will be endangered, health will be injured, or pre-existing physical or mental condition will deteriorate, or (iii) abandons an elderly person or person with a disability.

(3) "Neglect" means negligently failing to provide adequate medical or personal care or maintenance, which failure results in physical or mental injury or the deterioration of a physical or mental condition.

(4) "Resident" means a person residing in a long term care facility.

(5) "Owner" means the person who owns a long term care facility as provided under the Nursing Home Care Act, a facility as provided under the MR/DD Community Care Act, or an assisted living or shared housing establishment under the Assisted Living and Shared Housing Act.

SB0678 Engrossed - 10 - LRB096 06735 DRJ 16819 b (6) "Licensee" means the individual or entity licensed to operate a facility under the Nursing Home Care Act, the MR/DD Community Care Act, or the Assisted Living and Shared Housing Act.

(7) "Facility" or "long term care facility" means a private home, institution, building, residence, or any other place, whether operated for profit or not, or a county home for the infirm and chronically ill operated pursuant to Division 5-21 or 5-22 of the Counties Code, or any similar institution operated by the State of Illinois or a political subdivision thereof, which provides, through its ownership or management, personal care, sheltered care or nursing for 3 or more persons not related to the owner by blood or marriage.

The term also includes skilled nursing facilities and intermediate care facilities as defined in Title XVIII and Title XIX of the federal Social Security Act and assisted living establishments and shared housing establishments licensed under the Assisted Living and Shared Housing Act.

(e) Nothing contained in this Section shall be deemed to apply to the medical supervision, regulation or control of the remedial care or treatment of residents in a facility conducted for those who rely upon treatment by prayer or spiritual means in accordance with the creed or tenets of any well recognized church or religious denomination and which is licensed in accordance with Section 3-803 of the Nursing Home Care Act or SB0678 Engrossed - 11 - LRB096 06735 DRJ 16819 b Section 3-803 of the MR/DD Community Care Act.

96-339,95-18, eff.

7-1-10.)7-30-07.) Section(20 95.ILCS 1107/15) (Section scheduled to be repealed on December 31, 2010) Sec.

No15. acceleration or delay.

WhereDefinitions. this Act makes changes in a statute that is represented in this Act by text that is not yet or no longer in effect (for example, a Section represented by multiple versions), the use of that text does not accelerate or delay the taking effect of (i) the changes made by this Act or (ii) provisions derived from any other Public Act.

SectionFor 99.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 SB0678 Enrolled - 5 - LRB096 06735 DRJ 16819 b 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.

SB0678 Enrolled - 6 - LRB096 06735 DRJ 16819 b "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 SB0678 Enrolled - 7 - LRB096 06735 DRJ 16819 b 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.