Illinois 2023-2024 Regular Session

Illinois House Bill HB3803 Latest Draft

Bill / Introduced Version Filed 02/17/2023

                            103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3803 Introduced , by Rep. Anna Moeller SYNOPSIS AS INTRODUCED:  New Act  Creates the Safety Moratorium on Carbon Dioxide Pipelines Act. Provides that no certificate of authority for the construction and operation of a pipeline intended for transportation of carbon dioxide shall be issued by the Illinois Commerce Commission before the federal Pipeline and Hazardous Materials Safety Administration (PHMSA) has adopted its revised federal safety standards for transportation of carbon dioxide. Provides that any application for a certificate of authority to construct and operate a pipeline intended for transportation of carbon dioxide currently pending before the Commission shall be held in abeyance, without prejudice, until the completion of PHMSA's rulemaking and the issuance of its new safety standards for carbon dioxide pipelines or the expiration of the temporary moratorium. Provides that the temporary moratorium will expire 2 years after the Act becomes effective or upon the adoption of PHMSA's new safety standards for carbon dioxide pipelines, whichever happens first. Effective immediately.   LRB103 25554 AMQ 51903 b   A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3803 Introduced , by Rep. Anna Moeller SYNOPSIS AS INTRODUCED:  New Act New Act  Creates the Safety Moratorium on Carbon Dioxide Pipelines Act. Provides that no certificate of authority for the construction and operation of a pipeline intended for transportation of carbon dioxide shall be issued by the Illinois Commerce Commission before the federal Pipeline and Hazardous Materials Safety Administration (PHMSA) has adopted its revised federal safety standards for transportation of carbon dioxide. Provides that any application for a certificate of authority to construct and operate a pipeline intended for transportation of carbon dioxide currently pending before the Commission shall be held in abeyance, without prejudice, until the completion of PHMSA's rulemaking and the issuance of its new safety standards for carbon dioxide pipelines or the expiration of the temporary moratorium. Provides that the temporary moratorium will expire 2 years after the Act becomes effective or upon the adoption of PHMSA's new safety standards for carbon dioxide pipelines, whichever happens first. Effective immediately.  LRB103 25554 AMQ 51903 b     LRB103 25554 AMQ 51903 b   A BILL FOR
103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3803 Introduced , by Rep. Anna Moeller SYNOPSIS AS INTRODUCED:
New Act New Act
New Act
Creates the Safety Moratorium on Carbon Dioxide Pipelines Act. Provides that no certificate of authority for the construction and operation of a pipeline intended for transportation of carbon dioxide shall be issued by the Illinois Commerce Commission before the federal Pipeline and Hazardous Materials Safety Administration (PHMSA) has adopted its revised federal safety standards for transportation of carbon dioxide. Provides that any application for a certificate of authority to construct and operate a pipeline intended for transportation of carbon dioxide currently pending before the Commission shall be held in abeyance, without prejudice, until the completion of PHMSA's rulemaking and the issuance of its new safety standards for carbon dioxide pipelines or the expiration of the temporary moratorium. Provides that the temporary moratorium will expire 2 years after the Act becomes effective or upon the adoption of PHMSA's new safety standards for carbon dioxide pipelines, whichever happens first. Effective immediately.
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    LRB103 25554 AMQ 51903 b
A BILL FOR
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1  AN ACT concerning utilities.
2  Be it enacted by the People of the State of Illinois,
3  represented in the General Assembly:
4  Section 1. Short title. This Act may be cited as the Safety
5  Moratorium on Carbon Dioxide Pipelines Act.
6  Section 5. Legislative findings.  The General Assembly
7  finds and determines that:
8  (1) the State has pipelines being proposed by
9  companies for the purposes of capture, transportation, and
10  subsurface storage of carbon dioxide both within the State
11  and from locations outside the State;
12  (2) Section 30 of the Carbon Dioxide Transportation
13  and Sequestration Act, which provides that the regulation
14  of the construction, maintenance, and operation of
15  pipelines transporting carbon dioxide shall be within the
16  statutory and regulatory jurisdiction of the Pipeline and
17  Hazardous Materials Safety Administration (PHMSA) of the
18  federal Department of Transportation, shall be relevant to
19  this Act; and
20  (3) in response to a major carbon dioxide pipeline
21  failure in Satartia, Mississippi in 2020 that resulted in
22  local evacuations and caused almost 50 people to seek
23  medical attention, PHMSA conducted an investigation of the

 

103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3803 Introduced , by Rep. Anna Moeller SYNOPSIS AS INTRODUCED:
New Act New Act
New Act
Creates the Safety Moratorium on Carbon Dioxide Pipelines Act. Provides that no certificate of authority for the construction and operation of a pipeline intended for transportation of carbon dioxide shall be issued by the Illinois Commerce Commission before the federal Pipeline and Hazardous Materials Safety Administration (PHMSA) has adopted its revised federal safety standards for transportation of carbon dioxide. Provides that any application for a certificate of authority to construct and operate a pipeline intended for transportation of carbon dioxide currently pending before the Commission shall be held in abeyance, without prejudice, until the completion of PHMSA's rulemaking and the issuance of its new safety standards for carbon dioxide pipelines or the expiration of the temporary moratorium. Provides that the temporary moratorium will expire 2 years after the Act becomes effective or upon the adoption of PHMSA's new safety standards for carbon dioxide pipelines, whichever happens first. Effective immediately.
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A BILL FOR

 

 

New Act



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1  risks to human health and the environment presented by
2  carbon dioxide pipelines. PHMSA announced, on May 26,
3  2022, in relevant part, that to strengthen CO2 pipeline
4  safety and oversight, PHMSA is initiating new rulemaking
5  to update standards for carbon dioxide pipelines,
6  including requirements related to emergency preparedness
7  and response.
8  Section 10. Definitions. As used in this Act:
9  "Carbon dioxide pipeline" or "pipeline" means the in-state
10  portion of a pipeline, including appurtenant facilities,
11  property rights, and easements, that are used exclusively for
12  the purpose of transporting carbon dioxide to a point of sale,
13  storage, or another carbon management application.
14  "Commission" means the Illinois Commerce Commission.
15  "Transportation" means the physical movement of carbon
16  dioxide by pipeline conducted for a person's or an entity's
17  own use or account or the use or account of another person,
18  persons, or entity.
19  Section 15. Temporary statewide moratorium on construction
20  of carbon dioxide pipelines.
21  (a) No certificate of authority for the construction and
22  operation of a pipeline intended for transportation of carbon
23  dioxide shall be issued by the Commission before the Pipeline
24  and Hazardous Materials Safety Administration has adopted its

 

 

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1  revised federal safety standards for transportation of carbon
2  dioxide.
3  (b) Any application for a certificate of authority to
4  construct and operate a pipeline intended for transportation
5  of carbon dioxide currently pending before the Commission
6  shall be held in abeyance, without prejudice, until the
7  completion of the Pipeline and Hazardous Materials Safety
8  Administration's rulemaking and the issuance of its new safety
9  standards for carbon dioxide pipelines or the expiration of
10  the temporary moratorium.
11  (c) The temporary moratorium will expire 2 years after
12  this Act becomes effective or upon the adoption of the
13  Pipeline and Hazardous Materials Safety Administration's new
14  safety standards for carbon dioxide pipelines, whichever
15  happens first.
16  Section 99. Effective date. This Act takes effect upon
17  becoming law.

 

 

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