Bill Text: IL SB2860 | 2023-2024 | 103rd General Assembly | Introduced

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Bill Title: 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.

Spectrum: Slight Partisan Bill (Republican 2-1)

Status: (Introduced) 2024-03-15 - Rule 3-9(a) / Re-referred to Assignments [SB2860 Detail]

Download: Illinois-2023-SB2860-Introduced.html

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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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AN ACT concerning regulation.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Carbon Dioxide Transportation and
Sequestration Act is amended by changing Section 20 as
follows:
(220 ILCS 75/20)
Sec. 20. Application.
(a) No person or entity may construct, operate, or repair
a carbon dioxide pipeline unless the person or entity
possesses a certificate of authority.
(b) The Commission, after a hearing, may grant an
application for a certificate of authority authorizing the
construction and operation of a carbon dioxide pipeline if it
makes a specific written finding as to each of the following:
(1) the application was properly filed;
(2) the applicant is fit, willing, and able to
construct and operate the pipeline in compliance with this
Act and with Commission regulations and orders of the
Commission or any applicable federal agencies;
(3) the applicant has entered into an agreement with a
clean coal facility, a clean coal SNG facility, or any
other source that will result in the reduction of carbon

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dioxide emissions from that source;
(4) the applicant has filed with the Pipeline and
Hazardous Materials Safety Administration of the U.S.
Department of Transportation all forms required by that
agency in advance of constructing a carbon dioxide
pipeline;
(5) the applicant has filed with the U.S. Army Corps
of Engineers all applications for permits required by that
agency in advance of constructing a carbon dioxide
pipeline;
(6) the applicant has entered into an agreement with
the Illinois Department of Agriculture that governs the
mitigation of agricultural impacts associated with the
construction of the proposed pipeline;
(7) the applicant possesses the financial, managerial,
legal, and technical qualifications necessary to construct
and operate the proposed carbon dioxide pipeline; and
(8) the proposed pipeline is consistent with the
public interest, public benefit, and legislative purpose
as set forth in this Act. In addition to any other evidence
the Commission may consider on this specific finding, the
Commission shall consider the following:
(A) any evidence of the effect of the pipeline
upon the economy, infrastructure, and public safety
presented by local governmental units that will be
affected by the proposed pipeline route;

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(B) any evidence of the effect of the pipeline
upon property values presented by property owners who
will be affected by the proposed pipeline or facility,
provided that the Commission need not hear evidence as
to the actual valuation of property such as that as
would be presented to and determined by the courts
under the Eminent Domain Act;
(C) any evidence presented by the Department of
Commerce and Economic Opportunity regarding the
current and future local, State-wide, or regional
economic effect, direct or indirect, of the proposed
pipeline or facility including, but not limited to,
ability of the State to attract economic growth, meet
future energy requirements, and ensure compliance with
environmental requirements and goals;
(D) any evidence addressing the factors described
in items (1) through (8) of this subsection (b) or
other relevant factors that is presented by any other
State agency, the applicant, a party, or other entity
that participates in the proceeding, including
evidence presented by the Commission's staff; and
(E) any evidence presented by any State or federal
governmental entity as to how the proposed pipeline
will affect the security, stability, and reliability
of energy.
In its written order, the Commission shall address all of

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the evidence presented, and if the order is contrary to any of
the evidence, the Commission shall state the reasons for its
determination with regard to that evidence.
(c) When an applicant files its application for a
certificate of authority with the Commission, it shall provide
notice to each local government where the proposed pipeline
will be located and include a map of the proposed pipeline
route. The applicant shall also publish notice in a newspaper
of general circulation in each county where the proposed
pipeline is located.
(d) An application for a certificate of authority filed
pursuant to this Section shall request either that the
Commission review and approve a specific route for a carbon
dioxide pipeline, or that the Commission review and approve a
project route width that identifies the areas in which the
pipeline would be located, with such width ranging from the
minimum width required for a pipeline right-of-way up to 200
feet in width. A map of the route or route width shall be
included in the application. The purpose for allowing the
option of review and approval of a project route width is to
provide increased flexibility during the construction process
to accommodate specific landowner requests, avoid
environmentally sensitive areas, or address special
environmental permitting requirements.
(e) The Commission's rules shall ensure that notice of an
application for a certificate of authority is provided within

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30 days after filing to the landowners along a proposed
project route, or to the potentially affected landowners
within a proposed project route width, using the notification
procedures set forth in the Commission's rules. If the
Commission grants approval of a project route width as opposed
to a specific project route, then the applicant must, as it
finalizes the actual pipeline alignment within the project
route width, file its final list of affected landowners with
the Commission at least 14 days in advance of beginning
construction on any tract within the project route width and
also provide the Commission with at least 14 days' notice
before filing a complaint for eminent domain in the circuit
court with regard to any tract within the project route width.
(f) The Commission shall make its determination on any
application for a certificate of authority filed pursuant to
this Section and issue its final order within 11 months after
the date that the application is filed. The Commission's
failure to act within this time period shall not be deemed an
approval or denial of the application.
(g) A final order of the Commission granting a certificate
of authority pursuant to this Act shall be conditioned upon
the applicant obtaining all required permits or approvals from
the Pipeline and Hazardous Materials Safety Administration of
the U.S. Department of Transportation, U.S. Army Corps of
Engineers, and Illinois Department of Agriculture, in addition
to all other permits and approvals necessary for the

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construction and operation of the pipeline prior to the start
of any construction. The final order must specifically
prohibit the start of any construction until all such permits
and approvals have been obtained.
(h) Within 6 months after the Commission's entry of an
order approving either a specific route or a project route
width under this Section, the owner or operator of the carbon
dioxide pipeline that receives that order may file
supplemental applications for minor route deviations outside
the approved project route width, allowing for additions or
changes to the approved route to address environmental
concerns encountered during construction or to accommodate
landowner requests. The supplemental application shall
specifically detail the environmental concerns or landowner
requests prompting the route changes, including the names of
any landowners or entities involved. Notice of a supplemental
application shall be provided to any State agency or unit of
local government that appeared in the original proceeding and
to any landowner affected by the proposed route deviation at
the time that supplemental application is filed. The route
deviations shall be approved by the Commission no sooner than
90 days after all interested parties receive notice of the
supplemental application, unless a written objection is filed
to the supplemental application within 45 days after such
notice is received. If a written objection is filed, then the
Commission shall issue an order either granting or denying the

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route deviation within 90 days after the filing of the
objection. Hearings on any such supplemental application shall
be limited to the reasonableness of the specific variance
proposed, and the issues of the public interest and benefit of
the project or fitness of the applicant shall be considered
only to the extent that the route deviation has raised new
concerns with regard to those issues.
(i) A certificate of authority to construct and operate a
carbon dioxide pipeline issued by the Commission shall contain
a grant of authority to construct and operate a carbon dioxide
pipeline as requested in the application, subject to the laws
of this State. 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. and include all of the following:
(1) a grant of authority to construct and operate a
carbon dioxide pipeline as requested in the application,
subject to the laws of this State; and
(2) a limited grant of 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 in the manner provided for the exercise
of the power of eminent domain under the Eminent Domain
Act. The limited grant of authority shall be restricted

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to, and exercised solely for, the purpose of siting,
rights-of-way, and easements appurtenant, including
construction and maintenance. The applicant shall not
exercise this power until it has used reasonable and good
faith efforts to acquire the property or easement thereto.
The applicant may thereafter use this power when the
applicant determines that the easement is necessary to
avoid unreasonable delay or economic hardship to the
progress of activities carried out pursuant to the
certificate of authority.
(Source: P.A. 97-534, eff. 8-23-11.)