103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB4835 Introduced , by Rep. Anna Moeller SYNOPSIS AS INTRODUCED: New Act Creates the Safety Moratorium on Carbon Dioxide Pipelines Act. Establishes a temporary statewide moratorium on construction of carbon dioxide pipelines until the Pipeline and Hazardous Materials Safety Administration has adopted revised federal safety standards for transportation of carbon dioxide and the State has commissioned and finalized a relevant study regarding the safety setbacks required in the event of pipeline rupture or leak. Requires the State study to include input from first responders, to analyze pipeline ruptures or leaks in a variety of settings, and to recommend setbacks and funding based on that analysis. Provides that pending applications for carbon dioxide pipelines shall be held in abeyance. Provides for expiration of the temporary moratorium after 4 years, or when new safety standards are established, or upon enactment of a law that meets certain criteria. Makes legislative findings. Defines terms. Effective immediately. LRB103 38424 BDA 68560 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB4835 Introduced , by Rep. Anna Moeller SYNOPSIS AS INTRODUCED: New Act New Act Creates the Safety Moratorium on Carbon Dioxide Pipelines Act. Establishes a temporary statewide moratorium on construction of carbon dioxide pipelines until the Pipeline and Hazardous Materials Safety Administration has adopted revised federal safety standards for transportation of carbon dioxide and the State has commissioned and finalized a relevant study regarding the safety setbacks required in the event of pipeline rupture or leak. Requires the State study to include input from first responders, to analyze pipeline ruptures or leaks in a variety of settings, and to recommend setbacks and funding based on that analysis. Provides that pending applications for carbon dioxide pipelines shall be held in abeyance. Provides for expiration of the temporary moratorium after 4 years, or when new safety standards are established, or upon enactment of a law that meets certain criteria. Makes legislative findings. Defines terms. Effective immediately. LRB103 38424 BDA 68560 b LRB103 38424 BDA 68560 b A BILL FOR
103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB4835 Introduced , by Rep. Anna Moeller SYNOPSIS AS INTRODUCED:
New Act New Act
New Act
Creates the Safety Moratorium on Carbon Dioxide Pipelines Act. Establishes a temporary statewide moratorium on construction of carbon dioxide pipelines until the Pipeline and Hazardous Materials Safety Administration has adopted revised federal safety standards for transportation of carbon dioxide and the State has commissioned and finalized a relevant study regarding the safety setbacks required in the event of pipeline rupture or leak. Requires the State study to include input from first responders, to analyze pipeline ruptures or leaks in a variety of settings, and to recommend setbacks and funding based on that analysis. Provides that pending applications for carbon dioxide pipelines shall be held in abeyance. Provides for expiration of the temporary moratorium after 4 years, or when new safety standards are established, or upon enactment of a law that meets certain criteria. Makes legislative findings. Defines terms. Effective immediately.
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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) pipelines are being proposed in the State by
9 companies for the purposes of transportation of carbon
10 dioxide both from within the State and from locations
11 outside the State;
12 (2) the transport of carbon dioxide via pipelines
13 significantly affects landowners' rights to enjoy their
14 property; carbon dioxide pipelines may impede access to
15 property and fields, place permanent restrictions on the
16 use of land, reduce crop yield from construction
17 activities, and pose a risk of grave harm to humans,
18 livestock, and other animals if there is a release of
19 carbon dioxide;
20 (3) as specified in the Carbon Dioxide Transportation
21 and Sequestration Act, regulation of the construction,
22 maintenance, and operation of pipelines transporting
23 carbon dioxide is within the statutory and regulatory
103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB4835 Introduced , by Rep. Anna Moeller SYNOPSIS AS INTRODUCED:
New Act New Act
New Act
Creates the Safety Moratorium on Carbon Dioxide Pipelines Act. Establishes a temporary statewide moratorium on construction of carbon dioxide pipelines until the Pipeline and Hazardous Materials Safety Administration has adopted revised federal safety standards for transportation of carbon dioxide and the State has commissioned and finalized a relevant study regarding the safety setbacks required in the event of pipeline rupture or leak. Requires the State study to include input from first responders, to analyze pipeline ruptures or leaks in a variety of settings, and to recommend setbacks and funding based on that analysis. Provides that pending applications for carbon dioxide pipelines shall be held in abeyance. Provides for expiration of the temporary moratorium after 4 years, or when new safety standards are established, or upon enactment of a law that meets certain criteria. Makes legislative findings. Defines terms. Effective immediately.
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A BILL FOR
New Act
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1 jurisdiction of the Pipeline and Hazardous Materials
2 Safety Administration (PHMSA) of the U.S. Department of
3 Transportation; and
4 (4) in response to a major carbon dioxide pipeline
5 failure in Satartia, Mississippi in 2020 that resulted in
6 local evacuations and caused almost 50 people to seek
7 medical attention, PHMSA conducted an investigation of the
8 risks to human health and the environment presented by
9 carbon dioxide pipelines; PHMSA announced, on May 26,
10 2022, that to strengthen CO2 pipeline safety and
11 oversight, PHMSA is initiating new rulemaking to update
12 standards for carbon dioxide pipelines, including
13 requirements related to improved safety, oversight, and
14 emergency preparedness and response.
15 Section 10. Definitions. As used in this Act:
16 "Carbon dioxide pipeline" or "pipeline" means the in-state
17 portion of a pipeline, including appurtenant facilities,
18 property rights, and easements, that are used exclusively for
19 the purpose of transporting carbon dioxide to a point of sale,
20 storage, or another carbon management application.
21 "Commission" means the Illinois Commerce Commission.
22 "Criteria pollutants" are the pollutants that have been
23 identified as "criteria pollutants" by the United States
24 Environmental Protection Agency under Section 108 of the Clean
25 Air Act.
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1 "Hazardous air pollutants" are the pollutants that have
2 been identified as "hazardous air pollutants" by the United
3 States Environmental Protection Agency under Section 112 of
4 the Clean Air Act.
5 "Sequester" has the meaning given to that term in Section
6 1-10 of the Illinois Power Agency Act.
7 "Sequestration" means to sequester or be sequestered.
8 "Sequestration facility" means the carbon dioxide
9 sequestration reservoir, underground equipment, and surface
10 facilities and equipment used or proposed to be used in a
11 geologic storage operation. "Sequestration facility" includes
12 an injection well and equipment used to connect the surface
13 facility and equipment to the carbon dioxide sequestration
14 reservoir and underground equipment. "Sequestration facility"
15 does not include pipelines used to transport carbon dioxide to
16 a sequestration facility.
17 "Transportation" or "transport" means the physical
18 movement of carbon dioxide by pipeline conducted for a
19 person's or an entity's own use or account or the use or
20 account of another person, persons, or entity.
21 Section 15. Temporary statewide moratorium on construction
22 of carbon dioxide pipelines.
23 (a) No certificate of authority for the construction and
24 operation of a pipeline intended for transport of carbon
25 dioxide shall be issued by the Commission until:
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1 (1) the Pipeline and Hazardous Materials Safety
2 Administration has adopted revised federal safety
3 standards for transportation of carbon dioxide; and
4 (2) the State of Illinois has commissioned and
5 finalized a study, which shall be made available to the
6 public, determining how far carbon dioxide pipelines must
7 be separated from livestock, residences, hospitals,
8 schools, nursing homes, places of worship, jails, prisons,
9 businesses, industry, and other locations where people
10 congregate, in order to ensure adequate time for the safe
11 evacuation or rescue of people and animals in the event of
12 a pipeline rupture or leak; the study shall:
13 (A) include input from first responders, including
14 both voluntary and paid professionals; law enforcement
15 officials; medical and veterinary professionals;
16 transportation experts; carbon dioxide pipeline
17 engineers; meteorologists; geologists; persons trained
18 in computational fluid dynamic modeling and other
19 modeling of carbon dioxide plumes; the Illinois
20 Emergency Management Agency and Office of Homeland
21 Security; the Department of Public Health; County
22 emergency management agencies; township officials;
23 county boards; village boards; city councils; and the
24 general public;
25 (B) evaluate CO2 concentrations resulting from
26 pipeline ruptures or leaks in a variety of urban,
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1 suburban, and rural settings present in Illinois,
2 including concentrations resulting from leaks or
3 ruptures of carbon dioxide pipelines with varying
4 diameters and carbon dioxide flow rates, based on
5 predictions of the most precise available
6 computational fluid dynamic model of CO2 plume
7 movement;
8 (C) recommend setbacks for each such setting,
9 pipeline diameter, and flow rate, based on (i) the
10 concentrations of CO2 released in the event of a leak
11 or rupture, (ii) the time humans and, where
12 appropriate, livestock would be exposed to those
13 concentrations, and (iii) the ability to, and time
14 necessary to, self-evacuate or be rescued before
15 oxygen deprivation leads to serious health effects,
16 including, but not limited to, convulsions,
17 unconsciousness, coma, or death; among other
18 considerations, the study shall account for the
19 decreased mobility of elderly persons, young children,
20 persons who depend primarily on public transportation,
21 incarcerated persons, and persons gathered in spaces
22 where large numbers of people assemble, as well as the
23 availability of electric vehicles or other transport
24 options that do not use combustion engines; and
25 (D) recommend an initial amount of funding
26 sufficient to provide first responders, medical
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1 professionals, local governments, and other entities
2 involved in the evacuation or rescue of persons
3 potentially affected by a CO2 pipeline rupture with
4 the equipment, training, staffing, and other items
5 necessary to carry out safe and timely evacuations and
6 rescues in the event of a rupture; the study shall also
7 recommend fees to be required of pipeline operators to
8 ensure availability of the necessary sum, as well as a
9 method for updating the amount of funding and fee
10 changes to account for changing costs, inflation, and
11 other relevant factors.
12 (b) Any application for a certificate of authority to
13 construct or operate a pipeline intended for transportation of
14 carbon dioxide that, as of the effective date of this Act, is
15 pending before the Commission shall (i) be held in abeyance,
16 without prejudice, until the revised safety standards and
17 study specified in subsection (a) have been finalized or the
18 temporary moratorium has expired as provided in this Act, and
19 (ii) be subject to any revised safety standards if adopted in
20 legislation.
21 (c) The temporary moratorium will expire and this Act
22 shall be repealed when any of the following occurs:
23 (1) 4 years have passed since this Act's effective
24 date;
25 (2) both the Pipeline and Hazardous Materials Safety
26 Administration's new safety standards and the study
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1 required by subdivision (a)(2) of this Section have been
2 finalized; or
3 (3) the State of Illinois has adopted comprehensive
4 legislation regulating the capture, transport, and
5 sequestration of carbon dioxide in Illinois, which
6 legislation includes, among other things:
7 (A) setbacks allowing for the safe evacuation or
8 rescue of persons and animals in the event of the
9 rupture or leak of a carbon dioxide pipeline;
10 (B) specifications limiting the use of eminent
11 domain for carbon dioxide pipelines and limiting the
12 use of property amalgamation for carbon dioxide
13 sequestration;
14 (C) the establishment and ongoing funding of an
15 emergency fund provided by entities that transport or
16 sequester CO2 to ensure first responders are able to
17 perform safe and timely evacuations, rescues, and
18 other emergency response actions in the event of a
19 carbon dioxide release from a pipeline or
20 sequestration site;
21 (D) mandatory financial assurance to cover the
22 cost of monitoring, corrective action, well-plugging,
23 and emergency response at sequestration sites, which
24 does not take the form of insurance, financial
25 guarantees, financial tests, or other self-bonding
26 mechanisms;
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1 (E) expanded monitoring of carbon sequestration
2 sites using more methods, and for longer duration,
3 than the monitoring required by the U.S. Environmental
4 Protection Agency;
5 (F) specifications concerning long-term liability
6 in the event of a release of brine or carbon dioxide
7 from a sequestration site;
8 (G) a ban on the use of captured carbon dioxide for
9 enhanced oil recovery in Illinois;
10 (H) emission limits that ensure that carbon
11 capture does not contribute to significant increases
12 in emissions of criteria pollutants or hazardous air
13 pollutants at facilities from which carbon is captured
14 or facilities that power capture;
15 (I) a mandate for a greenhouse gas life cycle
16 analysis for each facility from which carbon dioxide
17 is captured and a prohibition on carbon capture unless
18 the company seeking to capture carbon demonstrates
19 that the mass of carbon dioxide sequestered from the
20 project will be greater than the mass of greenhouse
21 gas emissions associated with the life cycle of
22 capture, transport, and storage of that carbon
23 dioxide;
24 (J) a mandate that alternatives to capture be
25 evaluated, including, but not limited to, renewable
26 energy, energy efficiency, and battery storage, when
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1 the capture facility is a power plant; and
2 electric-battery powered vehicles when the capture
3 facility produces fuel; the evaluation of alternatives
4 shall compare the greenhouse gas pollution, water use
5 and water quality impacts, air pollution impacts, and
6 generation of waste of each alternative to those of
7 the proposed capture, transport, and sequestration of
8 the CO2;
9 (K) robust public participation opportunities for
10 all carbon capture, pipeline, and sequestration
11 projects in Illinois and public disclosure of all
12 documentation; and
13 (L) additional protections, potentially including
14 prohibition of CO2 pipelines and sequestration
15 proximate to drinking water aquifers designated as
16 sole source aquifers by the United States
17 Environmental Protection Agency.
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