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. LRB103 25554 AMQ 51903 b LRB103 25554 AMQ 51903 b LRB103 25554 AMQ 51903 b A BILL FOR HB3803LRB103 25554 AMQ 51903 b HB3803 LRB103 25554 AMQ 51903 b HB3803 LRB103 25554 AMQ 51903 b 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. LRB103 25554 AMQ 51903 b LRB103 25554 AMQ 51903 b LRB103 25554 AMQ 51903 b A BILL FOR New Act LRB103 25554 AMQ 51903 b HB3803 LRB103 25554 AMQ 51903 b HB3803- 2 -LRB103 25554 AMQ 51903 b HB3803 - 2 - LRB103 25554 AMQ 51903 b HB3803 - 2 - LRB103 25554 AMQ 51903 b 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 HB3803 - 2 - LRB103 25554 AMQ 51903 b HB3803- 3 -LRB103 25554 AMQ 51903 b HB3803 - 3 - LRB103 25554 AMQ 51903 b HB3803 - 3 - LRB103 25554 AMQ 51903 b 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. HB3803 - 3 - LRB103 25554 AMQ 51903 b