Illinois 2023-2024 Regular Session

Illinois Senate Bill SB3441 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB3441 Introduced 2/8/2024, by Sen. Steve McClure 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 certain studies at the federal and State levels are conducted. Details requirements for the State study regarding the safety of carbon dioxide pipelines, which include receiving input from first responders, analyzing pipeline ruptures or leaks in a variety of settings, and recommending 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 four years, or when new safety standards pursuant to required studies are established, or upon adoption of certain ensuing legislation, which is detailed as including setbacks for safe evacuation, specifications limiting eminent domain, funding for first responders, funding for required actions at carbon sequestration sites, expanded monitoring at carbon sequestration sites, specification for long-term liability in the event of a disaster, a ban on the use of captured carbon dioxide for enhanced oil recovery, emissions limits for air pollutants, requirements regarding greenhouse gas lifecycle analysis with prohibitions on carbon capture unless certain showings are made, a mandate that alternatives to capture be evaluated, public participation opportunities, and additional protections, including a prohibition related to protecting "sole source" aquifers designated by the United States Environmental Protection Agency. Defines terms. Makes findings. Effective immediately. LRB103 37551 BDA 67675 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB3441 Introduced 2/8/2024, by Sen. Steve McClure 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 certain studies at the federal and State levels are conducted. Details requirements for the State study regarding the safety of carbon dioxide pipelines, which include receiving input from first responders, analyzing pipeline ruptures or leaks in a variety of settings, and recommending 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 four years, or when new safety standards pursuant to required studies are established, or upon adoption of certain ensuing legislation, which is detailed as including setbacks for safe evacuation, specifications limiting eminent domain, funding for first responders, funding for required actions at carbon sequestration sites, expanded monitoring at carbon sequestration sites, specification for long-term liability in the event of a disaster, a ban on the use of captured carbon dioxide for enhanced oil recovery, emissions limits for air pollutants, requirements regarding greenhouse gas lifecycle analysis with prohibitions on carbon capture unless certain showings are made, a mandate that alternatives to capture be evaluated, public participation opportunities, and additional protections, including a prohibition related to protecting "sole source" aquifers designated by the United States Environmental Protection Agency. Defines terms. Makes findings. Effective immediately. LRB103 37551 BDA 67675 b LRB103 37551 BDA 67675 b A BILL FOR
2	2	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB3441 Introduced 2/8/2024, by Sen. Steve McClure SYNOPSIS AS INTRODUCED:
3	3	New Act New Act
4	4	New Act
5	5	Creates the Safety Moratorium on Carbon Dioxide Pipelines Act. Establishes a temporary statewide moratorium on construction of carbon dioxide pipelines until certain studies at the federal and State levels are conducted. Details requirements for the State study regarding the safety of carbon dioxide pipelines, which include receiving input from first responders, analyzing pipeline ruptures or leaks in a variety of settings, and recommending 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 four years, or when new safety standards pursuant to required studies are established, or upon adoption of certain ensuing legislation, which is detailed as including setbacks for safe evacuation, specifications limiting eminent domain, funding for first responders, funding for required actions at carbon sequestration sites, expanded monitoring at carbon sequestration sites, specification for long-term liability in the event of a disaster, a ban on the use of captured carbon dioxide for enhanced oil recovery, emissions limits for air pollutants, requirements regarding greenhouse gas lifecycle analysis with prohibitions on carbon capture unless certain showings are made, a mandate that alternatives to capture be evaluated, public participation opportunities, and additional protections, including a prohibition related to protecting "sole source" aquifers designated by the United States Environmental Protection Agency. Defines terms. Makes findings. Effective immediately.
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11	11	1 AN ACT concerning utilities.
12	12	2 Be it enacted by the People of the State of Illinois,
13	13	3 represented in the General Assembly:
14	14	4 Section 1. Short title. This Act may be cited as the Safety
15	15	5 Moratorium on Carbon Dioxide Pipelines Act.
16	16	6 Section 5. Legislative findings. The General Assembly
17	17	7 finds and determines that:
18	18	8 (1) Pipelines are being proposed in the State by companies
19	19	9 for the purposes of transportation of carbon dioxide both from
20	20	10 within the State and from locations outside the State;
21	21	11 (2) The transport of carbon dioxide via pipelines
22	22	12 significantly affects landowners' rights to enjoy their
23	23	13 property. Carbon dioxide pipelines may impede access to
24	24	14 property and fields, place permanent restrictions on the use
25	25	15 of land, reduce crop yield from construction activities, and
26	26	16 pose a risk of grave harm to humans, livestock, and other
27	27	17 animals if there is a release of carbon dioxide;
28	28	18 (3) As specified in the Carbon Dioxide Transportation and
29	29	19 Sequestration Act, regulation of the construction,
30	30	20 maintenance, and operation of pipelines transporting carbon
31	31	21 dioxide is within the statutory and regulatory jurisdiction of
32	32	22 the Pipeline and Hazardous Materials Safety Administration
33	33	23 (PHMSA) of the federal Department of Transportation; and
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37	37	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB3441 Introduced 2/8/2024, by Sen. Steve McClure SYNOPSIS AS INTRODUCED:
38	38	New Act New Act
39	39	New Act
40	40	Creates the Safety Moratorium on Carbon Dioxide Pipelines Act. Establishes a temporary statewide moratorium on construction of carbon dioxide pipelines until certain studies at the federal and State levels are conducted. Details requirements for the State study regarding the safety of carbon dioxide pipelines, which include receiving input from first responders, analyzing pipeline ruptures or leaks in a variety of settings, and recommending 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 four years, or when new safety standards pursuant to required studies are established, or upon adoption of certain ensuing legislation, which is detailed as including setbacks for safe evacuation, specifications limiting eminent domain, funding for first responders, funding for required actions at carbon sequestration sites, expanded monitoring at carbon sequestration sites, specification for long-term liability in the event of a disaster, a ban on the use of captured carbon dioxide for enhanced oil recovery, emissions limits for air pollutants, requirements regarding greenhouse gas lifecycle analysis with prohibitions on carbon capture unless certain showings are made, a mandate that alternatives to capture be evaluated, public participation opportunities, and additional protections, including a prohibition related to protecting "sole source" aquifers designated by the United States Environmental Protection Agency. Defines terms. Makes findings. Effective immediately.
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68	68	1 (4) in response to a major carbon dioxide pipeline failure
69	69	2 in Satartia, Mississippi in 2020 that resulted in local
70	70	3 evacuations and caused almost 50 people to seek medical
71	71	4 attention, PHMSA conducted an investigation of the risks to
72	72	5 human health and the environment presented by carbon dioxide
73	73	6 pipelines. PHMSA announced, on May 26, 2022, that to
74	74	7 strengthen CO2 pipeline safety and oversight, PHMSA is
75	75	8 initiating new rulemaking to update standards for carbon
76	76	9 dioxide pipelines, including requirements related to improved
77	77	10 safety, oversight, and emergency preparedness and response.
78	78	11 Section 10. Definitions. As used in this Act:
79	79	12 "Carbon dioxide pipeline" or "pipeline" means the in-state
80	80	13 portion of a pipeline, including appurtenant facilities,
81	81	14 property rights, and easements, that are used exclusively for
82	82	15 the purpose of transporting carbon dioxide to a point of sale,
83	83	16 storage, or another carbon management application.
84	84	17 "Commission" means the Illinois Commerce Commission.
85	85	18 "Criteria pollutants" are the pollutants that have been
86	86	19 identified as "criteria pollutants" by the United States
87	87	20 Environmental Protection Agency under Section 108 of the Clean
88	88	21 Air Act.
89	89	22 "Hazardous air pollutants" are the pollutants that have
90	90	23 been identified as "hazardous air pollutants" by the United
91	91	24 States Environmental Protection Agency under Section 112 of
92	92	25 the Clean Air Act.
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103	103	1 "Sequester" has the meaning given to that term in Section
104	104	2 1-10 of the Illinois Power Agency Act.
105	105	3 "Sequestration" means to sequester or be sequestered.
106	106	4 "Sequestration facility" means the carbon dioxide
107	107	5 sequestration reservoir, underground equipment, and surface
108	108	6 facilities and equipment used or proposed to be used in a
109	109	7 geologic storage operation. "Sequestration facility" includes
110	110	8 an injection well and equipment used to connect the surface
111	111	9 facility and equipment to the carbon dioxide sequestration
112	112	10 reservoir and underground equipment. "Sequestration facility"
113	113	11 does not include pipelines used to transport carbon dioxide to
114	114	12 a sequestration facility.
115	115	13 "Transportation" or "transport" means the physical
116	116	14 movement of carbon dioxide by pipeline conducted for a
117	117	15 person's or an entity's own use or account or the use or
118	118	16 account of another person, persons, or entity.
119	119	17 Section 15. Temporary statewide moratorium on construction
120	120	18 of carbon dioxide pipelines.
121	121	19 (a) No certificate of authority for the construction and
122	122	20 operation of a pipeline intended for transport of carbon
123	123	21 dioxide shall be issued by the Commission until:
124	124	22 (1) the Pipeline and Hazardous Materials Safety
125	125	23 Administration has adopted revised federal safety
126	126	24 standards for transportation of carbon dioxide; and
127	127	25 (2) the State of Illinois has commissioned and
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138	138	1 finalized a study, which shall be made available to the
139	139	2 public, determining how far carbon dioxide pipelines must
140	140	3 be separated from livestock, residences, hospitals,
141	141	4 schools, nursing homes, places of worship, jails, prisons,
142	142	5 businesses, industry, and other locations where people
143	143	6 congregate, in order to ensure adequate time for the safe
144	144	7 evacuation or rescue of people and animals in the event of
145	145	8 a pipeline rupture or leak. The study shall:
146	146	9 (A) include input from first responders, including
147	147	10 both voluntary and paid professionals, law enforcement
148	148	11 officials, medical and veterinary professionals;
149	149	12 transportation experts; carbon dioxide pipeline
150	150	13 engineers; meteorologists, geologists, persons trained
151	151	14 in computational fluid dynamic modeling and other
152	152	15 modeling of carbon dioxide plumes, the Illinois
153	153	16 Emergency Management Agency, Illinois Department of
154	154	17 Public Health, County Emergency Management Agencies,
155	155	18 township officials, county boards, village boards,
156	156	19 city councils, and the general public;
157	157	20 (B) evaluate CO2 concentrations resulting from
158	158	21 pipeline ruptures or leaks in a variety of urban,
159	159	22 suburban, and rural settings present in Illinois,
160	160	23 including concentrations resulting from leaks or
161	161	24 ruptures of carbon dioxide pipelines with varying
162	162	25 diameters and carbon dioxide flow rates, based on
163	163	26 predictions of the most precise available
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174	174	1 computational fluid dynamic model of CO2 plume
175	175	2 movement;
176	176	3 (C) recommend setbacks for each such setting,
177	177	4 pipeline diameter, and flow rate, based on: (1) the
178	178	5 concentrations of CO2 released in the event of a leak
179	179	6 or rupture, (2) the time humans and, where
180	180	7 appropriate, livestock would be exposed to those
181	181	8 concentrations, and (3) the ability to, and time
182	182	9 necessary to, self-evacuate or be rescued before
183	183	10 oxygen deprivation leads to serious health effects,
184	184	11 including, but not limited to, convulsions,
185	185	12 unconsciousness, coma, or death; among other
186	186	13 considerations, the study shall account for the
187	187	14 decreased mobility of elderly persons, young children,
188	188	15 persons who depend primarily on public transportation,
189	189	16 incarcerated persons, and persons gathered in spaces
190	190	17 where large numbers of people assemble, as well as the
191	191	18 availability of electric vehicles or other transport
192	192	19 options that do not use combustion engines; and
193	193	20 (D) recommend an initial amount of funding
194	194	21 sufficient to provide first responders, medical
195	195	22 professionals, local governments, and other entities
196	196	23 involved in the evacuation or rescue of persons
197	197	24 potentially affected by a CO2 pipeline rupture with
198	198	25 the equipment, training, staffing, and other items
199	199	26 necessary to carry out safe and timely evacuations and
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210	210	1 rescues in the event of a rupture; the study shall also
211	211	2 recommend fees to be required of pipeline operators to
212	212	3 ensure availability of the necessary sum, as well as a
213	213	4 method for updating the amount of funding and fee
214	214	5 changes to account for changing costs, inflation, and
215	215	6 other relevant factors.
216	216	7 (b) Any application for a certificate of authority to
217	217	8 construct or operate a pipeline intended for transportation of
218	218	9 carbon dioxide that, as of the effective date of this Act, is
219	219	10 pending before the Commission shall (1) be held in abeyance,
220	220	11 without prejudice, until the revised safety standards and
221	221	12 study specified in subsection (a) have been finalized or the
222	222	13 temporary moratorium has expired as provided herein, and (2)
223	223	14 will be subject to any revised safety standards if adopted in
224	224	15 legislation.
225	225	16 (c) The temporary moratorium is inoperative when any of
226	226	17 the following events occur:
227	227	18 (1) Four years have passed since this Act's effective
228	228	19 date;
229	229	20 (2) Both the Pipeline and Hazardous Materials Safety
230	230	21 Administration's new safety standards and the study
231	231	22 required by subsection (a)(2) have been finalized; or
232	232	23 (3) The State of Illinois has adopted comprehensive
233	233	24 legislation regulating the capture, transport, and
234	234	25 sequestration of carbon dioxide in Illinois, which
235	235	26 legislation includes, among other things:
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246	246	1 (A) setbacks allowing for the safe evacuation or
247	247	2 rescue of persons and animals in the event of the
248	248	3 rupture or leak of a carbon dioxide pipeline;
249	249	4 (B) specifications limiting the use of eminent
250	250	5 domain for carbon dioxide pipelines and limiting the
251	251	6 use of property amalgamation for carbon dioxide
252	252	7 sequestration;
253	253	8 (C) the establishment and ongoing funding of an
254	254	9 emergency fund provided by entities that transport or
255	255	10 sequester CO2 to ensure first responders are able to
256	256	11 perform safe and timely evacuations, rescues, and
257	257	12 other emergency response actions in the event of a
258	258	13 carbon dioxide release from a pipeline or
259	259	14 sequestration site;
260	260	15 (D) mandatory financial assurance to cover the
261	261	16 cost of monitoring, corrective action, well-plugging,
262	262	17 and emergency response at sequestration sites, which
263	263	18 does not take the form of insurance, financial
264	264	19 guarantees, financial tests, or other self-bonding
265	265	20 mechanisms;
266	266	21 (E) expanded monitoring of carbon sequestration
267	267	22 sites using more methods, and for longer duration,
268	268	23 than the monitoring required by the U.S. Environmental
269	269	24 Protection Agency;
270	270	25 (F) specification of long-term liability in the
271	271	26 event of a release of brine or carbon dioxide from a
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282	282	1 sequestration site;
283	283	2 (G) a ban on the use of captured carbon dioxide for
284	284	3 enhanced oil recovery in Illinois;
285	285	4 (H) emission limits that ensure that carbon
286	286	5 capture does not contribute to significant increases
287	287	6 in emissions of criteria pollutants or hazardous air
288	288	7 pollutants at facilities from which carbon is captured
289	289	8 or facilities that power capture;
290	290	9 (I) a mandate for a greenhouse gas life cycle
291	291	10 analysis for each facility from which carbon dioxide
292	292	11 is captured and a prohibition on carbon capture unless
293	293	12 the company seeking to capture carbon demonstrates
294	294	13 that the mass of carbon dioxide sequestered from the
295	295	14 project will be greater than the mass of greenhouse
296	296	15 gas emissions associated with the lifecycle of
297	297	16 capture, transport, and storage of that carbon
298	298	17 dioxide;
299	299	18 (J) a mandate that alternatives to capture be
300	300	19 evaluated, including, but not limited to, renewable
301	301	20 energy, energy efficiency, and battery storage, when
302	302	21 the capture facility is a power plant; and
303	303	22 electric-battery powered vehicles when the capture
304	304	23 facility produces fuel; the evaluation of alternatives
305	305	24 shall compare the greenhouse gas pollution, water use
306	306	25 and water quality impacts, air pollution impacts, and
307	307	26 generation of waste of each alternative to those of
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318	318	1 the proposed capture, transport, and sequestration of
319	319	2 the CO2;
320	320	3 (K) robust public participation opportunities for
321	321	4 all carbon capture, pipeline, and sequestration
322	322	5 projects in Illinois and public disclosure of all
323	323	6 documentation; and
324	324	7 (L) additional protections, potentially including
325	325	8 prohibition of CO2 pipelines and sequestration
326	326	9 proximate to drinking water aquifers designated as
327	327	10 sole source aquifers by the United States
328	328	11 Environmental Protection Agency.
329	329	12 Section 20. Repealer. This Act is repealed 4 years after
330	330	13 its effective date.
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