Illinois § 40

§ 40.

Pipeline operator fees. Any person or entity that has been granted a certificate of authority authorizing the construction and operation of a carbon dioxide pipeline pursuant to this Section or any person or entity operating a legacy carbon dioxide pipeline shall be assessed an annual fee per pipeline system operated in the State, plus an additional fee per mile of carbon dioxide pipeline in length that is physically operated or proposed to be operated in the State. The Commission may adopt any rules and procedures necessary to enforce and administer the provisions of this Act. The Commission may, by administrative rule, modify any rules or procedures or adjust any Commission fees necessary to regulate and enforce the provisions of this Act. The Commission shall adopt such rules in consultation with the Illinois Emergency Management Agency and Office of Homeland Security in order to establish the total amount necessary to cover the Commission's and Illinois Emergency Management Agency and Office of Homeland Security's administrative costs plus the amount necessary to fund the needs of emergency responders as determined by the Illinois Emergency Management Agency and Office of Homeland Security. The Commission rules shall include, but shall not be limited to, the following provisions: (1) a provision requiring a portion of the fee to be allocated to the Commission for purposes of assessing the permit application and regulating the operating pipeline; (2) a provision requiring the balance of the fee to be allocated and transferred to the Illinois Emergency Management Agency and Office of Homeland Security for compiling and maintaining emergency response plans and coordinating and funding training, exercises, and equipment of first responders along the pipeline route through agreements and grants to county emergency services and disaster agencies; (3) a provision requiring the fee to be payable to the Commission and due 30 days after the certificate of authority is granted by the Commission, and at the conclusion of each State fiscal year. The Commission shall transfer to the Illinois Emergency Management Agency and Office of Homeland Security's Emergency Planning and Training Fund its allocable share within 30 days following the end of each fiscal year to be utilized as indicated in paragraph (2); (4) a provision requiring the fee to be assessed with a flat fee per pipeline system, plus an additional fee assessed per each mile of a pipeline, based on the actual length of carbon dioxide pipeline that has been used to transport carbon dioxide in the State in the State fiscal year during which the fee is imposed; (5) a provision requiring the fee structure to be designed to collect the funds necessary for emergency responders in a manner that facilitates the safe and reliable development of new carbon dioxide pipelines within the State; and (6) a provision requiring the fee to be adjusted with inflation. (Source: P.A. 103-651, eff. 7-18-24.)