103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
SB1916
 
Introduced 2/9/2023, by Sen. Steve McClure
 
SYNOPSIS AS INTRODUCED:
 

 
New Act

     Creates the Safety Moratorium on Carbon Dioxide Pipelines Act. Provides that no certificate of authority for the construction and operation of a pipeline intended for transportation of carbon dioxide shall be issued by the Illinois Commerce Commission before the federal Pipeline and Hazardous Materials Safety Administration (PHMSA) has adopted its revised federal safety standards for transportation of carbon dioxide. Provides that any application for a certificate of authority to construct and operate a pipeline intended for transportation of carbon dioxide currently pending before the Commission shall be held in abeyance, without prejudice, until the completion of PHMSA's rulemaking and the issuance of its new safety standards for carbon dioxide pipelines or the expiration of the temporary moratorium. Provides that the temporary moratorium will expire 2 years after the Act becomes effective or upon the adoption of PHMSA's new safety standards for carbon dioxide pipelines, whichever happens first. 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,
 
3represented in the General Assembly:
  
 
 
4    Section 1. Short title. This Act may be cited as the Safety 
5Moratorium on Carbon Dioxide Pipelines Act.
 
6    Section 5. Legislative findings.  The General Assembly 
7finds and determines that:


8        (1)   the State has pipelines being proposed by 
9    companies for the purposes of capture, transportation, and 
10    subsurface storage of carbon dioxide  both within the State 
11    and from locations outside the State;


12        (2)   Section 30 of the Carbon Dioxide Transportation 
13    and Sequestration Act, which provides that the regulation 
14    of the construction, maintenance, and operation of 
15    pipelines transporting carbon dioxide shall be within the 
16    statutory and regulatory jurisdiction of the Pipeline and 
17    Hazardous Materials Safety Administration (PHMSA) of the 
18    federal Department of Transportation, shall be relevant to 
19    this Act; and


20        (3)   in response to a major carbon dioxide pipeline 
21    failure in Satartia, Mississippi in 2020 that resulted in 
22    local evacuations and caused almost 50 people to seek 
23    medical attention, PHMSA conducted an investigation of the 
 
 
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1    risks to human health and the environment presented by 
2    carbon dioxide pipelines. PHMSA announced, on May 26, 
3    2022, in relevant part, that to strengthen CO2 pipeline 
4    safety and oversight, PHMSA is initiating new rulemaking 
5    to update standards for carbon dioxide pipelines, 
6    including requirements related to emergency preparedness 
7    and response.

 
8    Section 10. Definitions.  As used in this Act:

 
9    "Carbon dioxide pipeline" or "pipeline" means the in-state 
10portion of a pipeline, including appurtenant facilities, 
11property rights, and easements, that are used exclusively for 
12the purpose of transporting carbon dioxide to a point of sale, 
13storage, or another carbon management application.
14    "Commission" means the Illinois Commerce Commission.

 
15    "Transportation" means the physical movement of carbon 
16dioxide by pipeline conducted for a person's or an entity's 
17own use or account or the use or account of another person, 
18persons, or entity.

 
19    Section 15. Temporary statewide moratorium on construction 
20of carbon dioxide pipelines.
21    (a)   No certificate of authority for the construction and 
22operation of a pipeline intended for transportation of carbon 
23dioxide shall be issued by the Commission before the Pipeline 
24and Hazardous Materials Safety Administration has adopted  its 
 
 
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1revised federal safety standards for transportation of carbon 
2dioxide.


3    (b)   Any application for a certificate of authority to 
4construct and operate a pipeline intended for transportation 
5of carbon dioxide currently pending before the Commission 
6shall be held in abeyance, without prejudice, until the 
7completion of the Pipeline and Hazardous Materials Safety 
8Administration's rulemaking and the issuance of its new safety 
9standards for carbon dioxide pipelines or the expiration of 
10the temporary moratorium.


11    (c)    The temporary moratorium will expire 2 years after 
12this Act becomes effective or upon the adoption of the 
13Pipeline and Hazardous Materials Safety Administration's new 
14safety standards for carbon dioxide pipelines, whichever 
15happens first.

 
 
16    Section 99. Effective date. This Act takes effect upon 
17becoming law.