Comments: IL SB1289 | 2023-2024 | 103rd General Assembly

Illinois Senate Bill 1289

Bill Title: Creates the Safety and Aid for the Environment in Carbon Capture and Sequestration Act (which may be referred to as the SAFE CCS Act). Sets forth provisions regarding: ownership and conveyance of pore space; integration and unitization of ownership interests; surface access for pore space owners; compensation for damages to the surface; and additional landowner rights. Amends the Illinois Emergency Management Act. Requires the Illinois Emergency Management Agency and Office of Homeland Security (i) to obtain training services and support for local emergency services and support for local emergency services and disaster agencies for training, exercises, and equipment related to carbon dioxide pipelines and sequestration and (ii) to provide $5,000 per year to the Illinois Fire Service Institute for first responder training. Amends the Public Utilities Act. Requires, prior to any pipeline for the transportation of carbon dioxide becoming operational, the Illinois Fire Service Institute to develop and offer at least one course for first responders who respond when carbon dioxide is released from a pipeline or a sequestration facility. Provides that a provision related to entering upon, taking, or damaging private property for construction purposes by a public utility applies to the exercise of eminent domain powers by an owner or operator of a pipeline designed, constructed, and operated to transport and to sequester carbon dioxide to which the Illinois Commerce Commission has granted a certificate. Provides that the Common Carriers by Pipeline Article does not apply to a new carbon dioxide pipeline. Amends the Carbon Dioxide Transportation and Sequestration Act. Provides that the Illinois Commerce Commission may grant an application for a certificate of authority authorizing the construction and operation of a carbon dioxide pipeline if, additionally, the applicant has applied for any and all other federal permits necessary to construct and operate a carbon dioxide pipeline, the applicant has held at least 2 prefiling public meetings to receive public comment concerning the proposed carbon dioxide pipeline in each county where the pipeline is to be located, the applicant has directly contacted the owner of each parcel of land located within 2 miles of the proposed pipeline route, advising them of the proposed pipeline route and of the date and time of each public meeting to be held in the county in which each landowner's property is located, and the applicant has prepared and submitted a detailed emergency operations plan. Prohibits the Commission from issuing any certificate of authority until the Pipeline and Hazardous Materials Safety Administration has adopted final revisions to its pipeline safety rules and the Commission has verified that the submitted application complies with those finalized rules. Provides that any applicant that has been granted a certificate of authority may, under certain circumstances, enter upon the property of any landowner who has refused permission for entrance upon that property. Provides that any person or entity that has been granted a certificate of authority authorizing the construction and operation of a carbon dioxide pipeline shall be assessed an annual fee per pipeline system operated in the State, plus an additional fee per mile of carbon dioxide pipeline in length that is physically operated or proposed to be operated in the State. Amends the Environmental Protection Act. Prohibits a person from (i) injecting any carbon dioxide stream produced by a carbon dioxide capture project into a Class II well or a Class VI well converted from a Class II well, for purposes of enhanced oil or gas recovery, (ii) selling or transporting concentrated carbon dioxide stream produced by a carbon dioxide capture project for use in enhanced oil or gas recovery, and (iii) operating a carbon sequestration activity in a manner that causes, threatens, or allows the release of carbon dioxide so as to tend to cause water pollution in the State. Makes other changes. Creates the Carbon Sequestration Title of the Act. Sets forth provisions regarding: carbon capture permit requirements; reports on minimum carbon capture standards and the deployment of carbon capture and sequestration technology; minimum carbon dioxide capture efficiency rulemaking authority; reports on the status and impact of carbon capture and sequestration; prohibitions; sequestration permits and application contents; sequestration permit application fees; public participation; closure; financial assurance; insurance; the ownership of carbon dioxide and liability; and the creation of the Carbon Sequestration Long-Term Trust Fund, the Water Resources Fund, the Environmental Justice Grant Fund, and the Carbon Dioxide Sequestration Administrative Fund. Makes corresponding changes in the State Finance Act. Effective immediately.

Spectrum: Strong Partisan Bill (Democrat 19-2)

Status: (Passed) 2024-07-18 - Public Act . . . . . . . . . 103-0651 [SB1289 Detail]

Text: Latest bill text (Chaptered) [HTML]