SB1916 103RD GENERAL ASSEMBLY

LRB103 28483 AMQ 54864 b

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.

A BILL FOR

AN ACT concerning utilities.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 1. Short title. This Act may be cited as the Safety Moratorium on Carbon Dioxide Pipelines Act.

Section 5. Legislative findings. The General Assembly finds and determines that:

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

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

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

Section 10. Definitions. As used in this Act:

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

"Commission" means the Illinois Commerce Commission.

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

Section 15. Temporary statewide moratorium on construction of carbon dioxide pipelines.

(a) No certificate of authority for the construction and operation of a pipeline intended for transportation of carbon dioxide shall be issued by the Commission before the Pipeline and Hazardous Materials Safety Administration has adopted its revised federal safety standards for transportation of carbon dioxide.

(b) 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 the Pipeline and Hazardous Materials Safety Administration's rulemaking and the issuance of its new safety standards for carbon dioxide pipelines or the expiration of the temporary moratorium.

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

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