Full Text of SB2860 103rd General Assembly
SB2860 103RD GENERAL ASSEMBLY | | | 103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024 SB2860 Introduced 1/19/2024, by Sen. Steve McClure SYNOPSIS AS INTRODUCED: | | 220 ILCS 75/20 | | 220 ILCS 75/25 rep. | |
| Amends the Carbon Dioxide Transportation and Sequestration Act. Provides that a certificate of authority does not grant an owner or operator of a carbon dioxide pipeline the authority to take and acquire an easement in any property or interest in property for the construction, maintenance, or operation of a carbon dioxide pipeline through the exercise of the power of eminent domain. Removes corresponding provisions concerning eminent domain. Repeals a provision that provides procedures for acquiring easements. |
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| | A BILL FOR |
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| 1 | | AN ACT concerning regulation. | 2 | | Be it enacted by the People of the State of Illinois, | 3 | | represented in the General Assembly: | 4 | | Section 5. The Carbon Dioxide Transportation and | 5 | | Sequestration Act is amended by changing Section 20 as | 6 | | follows: | 7 | | (220 ILCS 75/20) | 8 | | Sec. 20. Application. | 9 | | (a) No person or entity may construct, operate, or repair | 10 | | a carbon dioxide pipeline unless the person or entity | 11 | | possesses a certificate of authority. | 12 | | (b) The Commission, after a hearing, may grant an | 13 | | application for a certificate of authority authorizing the | 14 | | construction and operation of a carbon dioxide pipeline if it | 15 | | makes a specific written finding as to each of the following: | 16 | | (1) the application was properly filed; | 17 | | (2) the applicant is fit, willing, and able to | 18 | | construct and operate the pipeline in compliance with this | 19 | | Act and with Commission regulations and orders of the | 20 | | Commission or any applicable federal agencies; | 21 | | (3) the applicant has entered into an agreement with a | 22 | | clean coal facility, a clean coal SNG facility, or any | 23 | | other source that will result in the reduction of carbon |
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| 1 | | dioxide emissions from that source; | 2 | | (4) the applicant has filed with the Pipeline and | 3 | | Hazardous Materials Safety Administration of the U.S. | 4 | | Department of Transportation all forms required by that | 5 | | agency in advance of constructing a carbon dioxide | 6 | | pipeline; | 7 | | (5) the applicant has filed with the U.S. Army Corps | 8 | | of Engineers all applications for permits required by that | 9 | | agency in advance of constructing a carbon dioxide | 10 | | pipeline; | 11 | | (6) the applicant has entered into an agreement with | 12 | | the Illinois Department of Agriculture that governs the | 13 | | mitigation of agricultural impacts associated with the | 14 | | construction of the proposed pipeline; | 15 | | (7) the applicant possesses the financial, managerial, | 16 | | legal, and technical qualifications necessary to construct | 17 | | and operate the proposed carbon dioxide pipeline; and | 18 | | (8) the proposed pipeline is consistent with the | 19 | | public interest, public benefit, and legislative purpose | 20 | | as set forth in this Act. In addition to any other evidence | 21 | | the Commission may consider on this specific finding, the | 22 | | Commission shall consider the following: | 23 | | (A) any evidence of the effect of the pipeline | 24 | | upon the economy, infrastructure, and public safety | 25 | | presented by local governmental units that will be | 26 | | affected by the proposed pipeline route; |
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| 1 | | (B) any evidence of the effect of the pipeline | 2 | | upon property values presented by property owners who | 3 | | will be affected by the proposed pipeline or facility , | 4 | | provided that the Commission need not hear evidence as | 5 | | to the actual valuation of property such as that as | 6 | | would be presented to and determined by the courts | 7 | | under the Eminent Domain Act ; | 8 | | (C) any evidence presented by the Department of | 9 | | Commerce and Economic Opportunity regarding the | 10 | | current and future local, State-wide, or regional | 11 | | economic effect, direct or indirect, of the proposed | 12 | | pipeline or facility including, but not limited to, | 13 | | ability of the State to attract economic growth, meet | 14 | | future energy requirements, and ensure compliance with | 15 | | environmental requirements and goals; | 16 | | (D) any evidence addressing the factors described | 17 | | in items (1) through (8) of this subsection (b) or | 18 | | other relevant factors that is presented by any other | 19 | | State agency, the applicant, a party, or other entity | 20 | | that participates in the proceeding, including | 21 | | evidence presented by the Commission's staff; and | 22 | | (E) any evidence presented by any State or federal | 23 | | governmental entity as to how the proposed pipeline | 24 | | will affect the security, stability, and reliability | 25 | | of energy. | 26 | | In its written order, the Commission shall address all of |
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| 1 | | the evidence presented, and if the order is contrary to any of | 2 | | the evidence, the Commission shall state the reasons for its | 3 | | determination with regard to that evidence. | 4 | | (c) When an applicant files its application for a | 5 | | certificate of authority with the Commission, it shall provide | 6 | | notice to each local government where the proposed pipeline | 7 | | will be located and include a map of the proposed pipeline | 8 | | route. The applicant shall also publish notice in a newspaper | 9 | | of general circulation in each county where the proposed | 10 | | pipeline is located. | 11 | | (d) An application for a certificate of authority filed | 12 | | pursuant to this Section shall request either that the | 13 | | Commission review and approve a specific route for a carbon | 14 | | dioxide pipeline, or that the Commission review and approve a | 15 | | project route width that identifies the areas in which the | 16 | | pipeline would be located, with such width ranging from the | 17 | | minimum width required for a pipeline right-of-way up to 200 | 18 | | feet in width. A map of the route or route width shall be | 19 | | included in the application. The purpose for allowing the | 20 | | option of review and approval of a project route width is to | 21 | | provide increased flexibility during the construction process | 22 | | to accommodate specific landowner requests, avoid | 23 | | environmentally sensitive areas, or address special | 24 | | environmental permitting requirements. | 25 | | (e) The Commission's rules shall ensure that notice of an | 26 | | application for a certificate of authority is provided within |
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| 1 | | 30 days after filing to the landowners along a proposed | 2 | | project route, or to the potentially affected landowners | 3 | | within a proposed project route width, using the notification | 4 | | procedures set forth in the Commission's rules. If the | 5 | | Commission grants approval of a project route width as opposed | 6 | | to a specific project route, then the applicant must, as it | 7 | | finalizes the actual pipeline alignment within the project | 8 | | route width, file its final list of affected landowners with | 9 | | the Commission at least 14 days in advance of beginning | 10 | | construction on any tract within the project route width and | 11 | | also provide the Commission with at least 14 days' notice | 12 | | before filing a complaint for eminent domain in the circuit | 13 | | court with regard to any tract within the project route width . | 14 | | (f) The Commission shall make its determination on any | 15 | | application for a certificate of authority filed pursuant to | 16 | | this Section and issue its final order within 11 months after | 17 | | the date that the application is filed. The Commission's | 18 | | failure to act within this time period shall not be deemed an | 19 | | approval or denial of the application. | 20 | | (g) A final order of the Commission granting a certificate | 21 | | of authority pursuant to this Act shall be conditioned upon | 22 | | the applicant obtaining all required permits or approvals from | 23 | | the Pipeline and Hazardous Materials Safety Administration of | 24 | | the U.S. Department of Transportation, U.S. Army Corps of | 25 | | Engineers, and Illinois Department of Agriculture, in addition | 26 | | to all other permits and approvals necessary for the |
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| 1 | | construction and operation of the pipeline prior to the start | 2 | | of any construction. The final order must specifically | 3 | | prohibit the start of any construction until all such permits | 4 | | and approvals have been obtained. | 5 | | (h) Within 6 months after the Commission's entry of an | 6 | | order approving either a specific route or a project route | 7 | | width under this Section, the owner or operator of the carbon | 8 | | dioxide pipeline that receives that order may file | 9 | | supplemental applications for minor route deviations outside | 10 | | the approved project route width, allowing for additions or | 11 | | changes to the approved route to address environmental | 12 | | concerns encountered during construction or to accommodate | 13 | | landowner requests. The supplemental application shall | 14 | | specifically detail the environmental concerns or landowner | 15 | | requests prompting the route changes, including the names of | 16 | | any landowners or entities involved. Notice of a supplemental | 17 | | application shall be provided to any State agency or unit of | 18 | | local government that appeared in the original proceeding and | 19 | | to any landowner affected by the proposed route deviation at | 20 | | the time that supplemental application is filed. The route | 21 | | deviations shall be approved by the Commission no sooner than | 22 | | 90 days after all interested parties receive notice of the | 23 | | supplemental application, unless a written objection is filed | 24 | | to the supplemental application within 45 days after such | 25 | | notice is received. If a written objection is filed, then the | 26 | | Commission shall issue an order either granting or denying the |
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| 1 | | route deviation within 90 days after the filing of the | 2 | | objection. Hearings on any such supplemental application shall | 3 | | be limited to the reasonableness of the specific variance | 4 | | proposed, and the issues of the public interest and benefit of | 5 | | the project or fitness of the applicant shall be considered | 6 | | only to the extent that the route deviation has raised new | 7 | | concerns with regard to those issues. | 8 | | (i) A certificate of authority to construct and operate a | 9 | | carbon dioxide pipeline issued by the Commission shall contain | 10 | | a grant of authority to construct and operate a carbon dioxide | 11 | | pipeline as requested in the application, subject to the laws | 12 | | of this State. A certificate of authority does not grant an | 13 | | owner or operator of a carbon dioxide pipeline the authority | 14 | | to take and acquire an easement in any property or interest in | 15 | | property for the construction, maintenance, or operation of a | 16 | | carbon dioxide pipeline through the exercise of the power of | 17 | | eminent domain. and include all of the following: | 18 | | (1) a grant of authority to construct and operate a | 19 | | carbon dioxide pipeline as requested in the application, | 20 | | subject to the laws of this State; and | 21 | | (2) a limited grant of authority to take and acquire | 22 | | an easement in any property or interest in property for | 23 | | the construction, maintenance, or operation of a carbon | 24 | | dioxide pipeline in the manner provided for the exercise | 25 | | of the power of eminent domain under the Eminent Domain | 26 | | Act. The limited grant of authority shall be restricted |
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| 1 | | to, and exercised solely for, the purpose of siting, | 2 | | rights-of-way, and easements appurtenant, including | 3 | | construction and maintenance. The applicant shall not | 4 | | exercise this power until it has used reasonable and good | 5 | | faith efforts to acquire the property or easement thereto. | 6 | | The applicant may thereafter use this power when the | 7 | | applicant determines that the easement is necessary to | 8 | | avoid unreasonable delay or economic hardship to the | 9 | | progress of activities carried out pursuant to the | 10 | | certificate of authority. | 11 | | (Source: P.A. 97-534, eff. 8-23-11.) | 12 | | (220 ILCS 75/25 rep.) | 13 | | Section 10. The Carbon Dioxide Transportation and | 14 | | Sequestration Act is amended by repealing Section 25. |
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