| ||||||||||||||||||||
| ||||||||||||||||||||
| ||||||||||||||||||||
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 |
| |||||||
| |||||||
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 CO 2 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. |
| |||||||
| |||||||
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: |
| |||||||
| |||||||
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 CO 2 concentrations resulting from | ||||||
26 | pipeline ruptures or leaks in a variety of urban, |
| |||||||
| |||||||
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 CO 2 plume | ||||||
7 | movement; | ||||||
8 | (C) recommend setbacks for each such setting, | ||||||
9 | pipeline diameter, and flow rate, based on (i) the | ||||||
10 | concentrations of CO 2 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 |
| |||||||
| |||||||
1 | professionals, local governments, and other entities | ||||||
2 | involved in the evacuation or rescue of persons | ||||||
3 | potentially affected by a CO 2 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 |
| |||||||
| |||||||
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 CO 2 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; |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 CO 2 ; | ||||||
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 CO 2 pipelines and sequestration | ||||||
15 | proximate to drinking water aquifers designated as | ||||||
16 | sole source aquifers by the United States | ||||||
17 | Environmental Protection Agency. | ||||||
18 | Section 99. Effective date. This Act takes effect upon | ||||||
19 | becoming law. |