IL
Illinois House Bill HB4835

Illinois 2023-2024 Regular Session

Illinois House Bill HB4835 Compare Versions

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11 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
22 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB4835 Introduced , by Rep. Anna Moeller SYNOPSIS AS INTRODUCED:
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55 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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1111 1 AN ACT concerning utilities.
1212 2 Be it enacted by the People of the State of Illinois,
1313 3 represented in the General Assembly:
1414 4 Section 1. Short title. This Act may be cited as the Safety
1515 5 Moratorium on Carbon Dioxide Pipelines Act.
1616 6 Section 5. Legislative findings. The General Assembly
1717 7 finds and determines that:
1818 8 (1) pipelines are being proposed in the State by
1919 9 companies for the purposes of transportation of carbon
2020 10 dioxide both from within the State and from locations
2121 11 outside the State;
2222 12 (2) the transport of carbon dioxide via pipelines
2323 13 significantly affects landowners' rights to enjoy their
2424 14 property; carbon dioxide pipelines may impede access to
2525 15 property and fields, place permanent restrictions on the
2626 16 use of land, reduce crop yield from construction
2727 17 activities, and pose a risk of grave harm to humans,
2828 18 livestock, and other animals if there is a release of
2929 19 carbon dioxide;
3030 20 (3) as specified in the Carbon Dioxide Transportation
3131 21 and Sequestration Act, regulation of the construction,
3232 22 maintenance, and operation of pipelines transporting
3333 23 carbon dioxide is within the statutory and regulatory
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3737 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB4835 Introduced , by Rep. Anna Moeller SYNOPSIS AS INTRODUCED:
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4040 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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6868 1 jurisdiction of the Pipeline and Hazardous Materials
6969 2 Safety Administration (PHMSA) of the U.S. Department of
7070 3 Transportation; and
7171 4 (4) in response to a major carbon dioxide pipeline
7272 5 failure in Satartia, Mississippi in 2020 that resulted in
7373 6 local evacuations and caused almost 50 people to seek
7474 7 medical attention, PHMSA conducted an investigation of the
7575 8 risks to human health and the environment presented by
7676 9 carbon dioxide pipelines; PHMSA announced, on May 26,
7777 10 2022, that to strengthen CO2 pipeline safety and
7878 11 oversight, PHMSA is initiating new rulemaking to update
7979 12 standards for carbon dioxide pipelines, including
8080 13 requirements related to improved safety, oversight, and
8181 14 emergency preparedness and response.
8282 15 Section 10. Definitions. As used in this Act:
8383 16 "Carbon dioxide pipeline" or "pipeline" means the in-state
8484 17 portion of a pipeline, including appurtenant facilities,
8585 18 property rights, and easements, that are used exclusively for
8686 19 the purpose of transporting carbon dioxide to a point of sale,
8787 20 storage, or another carbon management application.
8888 21 "Commission" means the Illinois Commerce Commission.
8989 22 "Criteria pollutants" are the pollutants that have been
9090 23 identified as "criteria pollutants" by the United States
9191 24 Environmental Protection Agency under Section 108 of the Clean
9292 25 Air Act.
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103103 1 "Hazardous air pollutants" are the pollutants that have
104104 2 been identified as "hazardous air pollutants" by the United
105105 3 States Environmental Protection Agency under Section 112 of
106106 4 the Clean Air Act.
107107 5 "Sequester" has the meaning given to that term in Section
108108 6 1-10 of the Illinois Power Agency Act.
109109 7 "Sequestration" means to sequester or be sequestered.
110110 8 "Sequestration facility" means the carbon dioxide
111111 9 sequestration reservoir, underground equipment, and surface
112112 10 facilities and equipment used or proposed to be used in a
113113 11 geologic storage operation. "Sequestration facility" includes
114114 12 an injection well and equipment used to connect the surface
115115 13 facility and equipment to the carbon dioxide sequestration
116116 14 reservoir and underground equipment. "Sequestration facility"
117117 15 does not include pipelines used to transport carbon dioxide to
118118 16 a sequestration facility.
119119 17 "Transportation" or "transport" means the physical
120120 18 movement of carbon dioxide by pipeline conducted for a
121121 19 person's or an entity's own use or account or the use or
122122 20 account of another person, persons, or entity.
123123 21 Section 15. Temporary statewide moratorium on construction
124124 22 of carbon dioxide pipelines.
125125 23 (a) No certificate of authority for the construction and
126126 24 operation of a pipeline intended for transport of carbon
127127 25 dioxide shall be issued by the Commission until:
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138138 1 (1) the Pipeline and Hazardous Materials Safety
139139 2 Administration has adopted revised federal safety
140140 3 standards for transportation of carbon dioxide; and
141141 4 (2) the State of Illinois has commissioned and
142142 5 finalized a study, which shall be made available to the
143143 6 public, determining how far carbon dioxide pipelines must
144144 7 be separated from livestock, residences, hospitals,
145145 8 schools, nursing homes, places of worship, jails, prisons,
146146 9 businesses, industry, and other locations where people
147147 10 congregate, in order to ensure adequate time for the safe
148148 11 evacuation or rescue of people and animals in the event of
149149 12 a pipeline rupture or leak; the study shall:
150150 13 (A) include input from first responders, including
151151 14 both voluntary and paid professionals; law enforcement
152152 15 officials; medical and veterinary professionals;
153153 16 transportation experts; carbon dioxide pipeline
154154 17 engineers; meteorologists; geologists; persons trained
155155 18 in computational fluid dynamic modeling and other
156156 19 modeling of carbon dioxide plumes; the Illinois
157157 20 Emergency Management Agency and Office of Homeland
158158 21 Security; the Department of Public Health; County
159159 22 emergency management agencies; township officials;
160160 23 county boards; village boards; city councils; and the
161161 24 general public;
162162 25 (B) evaluate CO2 concentrations resulting from
163163 26 pipeline ruptures or leaks in a variety of urban,
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174174 1 suburban, and rural settings present in Illinois,
175175 2 including concentrations resulting from leaks or
176176 3 ruptures of carbon dioxide pipelines with varying
177177 4 diameters and carbon dioxide flow rates, based on
178178 5 predictions of the most precise available
179179 6 computational fluid dynamic model of CO2 plume
180180 7 movement;
181181 8 (C) recommend setbacks for each such setting,
182182 9 pipeline diameter, and flow rate, based on (i) the
183183 10 concentrations of CO2 released in the event of a leak
184184 11 or rupture, (ii) the time humans and, where
185185 12 appropriate, livestock would be exposed to those
186186 13 concentrations, and (iii) the ability to, and time
187187 14 necessary to, self-evacuate or be rescued before
188188 15 oxygen deprivation leads to serious health effects,
189189 16 including, but not limited to, convulsions,
190190 17 unconsciousness, coma, or death; among other
191191 18 considerations, the study shall account for the
192192 19 decreased mobility of elderly persons, young children,
193193 20 persons who depend primarily on public transportation,
194194 21 incarcerated persons, and persons gathered in spaces
195195 22 where large numbers of people assemble, as well as the
196196 23 availability of electric vehicles or other transport
197197 24 options that do not use combustion engines; and
198198 25 (D) recommend an initial amount of funding
199199 26 sufficient to provide first responders, medical
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210210 1 professionals, local governments, and other entities
211211 2 involved in the evacuation or rescue of persons
212212 3 potentially affected by a CO2 pipeline rupture with
213213 4 the equipment, training, staffing, and other items
214214 5 necessary to carry out safe and timely evacuations and
215215 6 rescues in the event of a rupture; the study shall also
216216 7 recommend fees to be required of pipeline operators to
217217 8 ensure availability of the necessary sum, as well as a
218218 9 method for updating the amount of funding and fee
219219 10 changes to account for changing costs, inflation, and
220220 11 other relevant factors.
221221 12 (b) Any application for a certificate of authority to
222222 13 construct or operate a pipeline intended for transportation of
223223 14 carbon dioxide that, as of the effective date of this Act, is
224224 15 pending before the Commission shall (i) be held in abeyance,
225225 16 without prejudice, until the revised safety standards and
226226 17 study specified in subsection (a) have been finalized or the
227227 18 temporary moratorium has expired as provided in this Act, and
228228 19 (ii) be subject to any revised safety standards if adopted in
229229 20 legislation.
230230 21 (c) The temporary moratorium will expire and this Act
231231 22 shall be repealed when any of the following occurs:
232232 23 (1) 4 years have passed since this Act's effective
233233 24 date;
234234 25 (2) both the Pipeline and Hazardous Materials Safety
235235 26 Administration's new safety standards and the study
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246246 1 required by subdivision (a)(2) of this Section have been
247247 2 finalized; or
248248 3 (3) the State of Illinois has adopted comprehensive
249249 4 legislation regulating the capture, transport, and
250250 5 sequestration of carbon dioxide in Illinois, which
251251 6 legislation includes, among other things:
252252 7 (A) setbacks allowing for the safe evacuation or
253253 8 rescue of persons and animals in the event of the
254254 9 rupture or leak of a carbon dioxide pipeline;
255255 10 (B) specifications limiting the use of eminent
256256 11 domain for carbon dioxide pipelines and limiting the
257257 12 use of property amalgamation for carbon dioxide
258258 13 sequestration;
259259 14 (C) the establishment and ongoing funding of an
260260 15 emergency fund provided by entities that transport or
261261 16 sequester CO2 to ensure first responders are able to
262262 17 perform safe and timely evacuations, rescues, and
263263 18 other emergency response actions in the event of a
264264 19 carbon dioxide release from a pipeline or
265265 20 sequestration site;
266266 21 (D) mandatory financial assurance to cover the
267267 22 cost of monitoring, corrective action, well-plugging,
268268 23 and emergency response at sequestration sites, which
269269 24 does not take the form of insurance, financial
270270 25 guarantees, financial tests, or other self-bonding
271271 26 mechanisms;
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282282 1 (E) expanded monitoring of carbon sequestration
283283 2 sites using more methods, and for longer duration,
284284 3 than the monitoring required by the U.S. Environmental
285285 4 Protection Agency;
286286 5 (F) specifications concerning long-term liability
287287 6 in the event of a release of brine or carbon dioxide
288288 7 from a sequestration site;
289289 8 (G) a ban on the use of captured carbon dioxide for
290290 9 enhanced oil recovery in Illinois;
291291 10 (H) emission limits that ensure that carbon
292292 11 capture does not contribute to significant increases
293293 12 in emissions of criteria pollutants or hazardous air
294294 13 pollutants at facilities from which carbon is captured
295295 14 or facilities that power capture;
296296 15 (I) a mandate for a greenhouse gas life cycle
297297 16 analysis for each facility from which carbon dioxide
298298 17 is captured and a prohibition on carbon capture unless
299299 18 the company seeking to capture carbon demonstrates
300300 19 that the mass of carbon dioxide sequestered from the
301301 20 project will be greater than the mass of greenhouse
302302 21 gas emissions associated with the life cycle of
303303 22 capture, transport, and storage of that carbon
304304 23 dioxide;
305305 24 (J) a mandate that alternatives to capture be
306306 25 evaluated, including, but not limited to, renewable
307307 26 energy, energy efficiency, and battery storage, when
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318318 1 the capture facility is a power plant; and
319319 2 electric-battery powered vehicles when the capture
320320 3 facility produces fuel; the evaluation of alternatives
321321 4 shall compare the greenhouse gas pollution, water use
322322 5 and water quality impacts, air pollution impacts, and
323323 6 generation of waste of each alternative to those of
324324 7 the proposed capture, transport, and sequestration of
325325 8 the CO2;
326326 9 (K) robust public participation opportunities for
327327 10 all carbon capture, pipeline, and sequestration
328328 11 projects in Illinois and public disclosure of all
329329 12 documentation; and
330330 13 (L) additional protections, potentially including
331331 14 prohibition of CO2 pipelines and sequestration
332332 15 proximate to drinking water aquifers designated as
333333 16 sole source aquifers by the United States
334334 17 Environmental Protection Agency.
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