Bill Text: IL SB3441 | 2023-2024 | 103rd General Assembly | Introduced

---

Bill Title: Creates the Safety Moratorium on Carbon Dioxide Pipelines Act. Establishes a temporary statewide moratorium on construction of carbon dioxide pipelines until certain studies at the federal and State levels are conducted. Details requirements for the State study regarding the safety of carbon dioxide pipelines, which include receiving input from first responders, analyzing pipeline ruptures or leaks in a variety of settings, and recommending setbacks and funding based on that analysis. Provides that pending applications for carbon dioxide pipelines shall be held in abeyance. Provides for expiration of the temporary moratorium after four years, or when new safety standards pursuant to required studies are established, or upon adoption of certain ensuing legislation, which is detailed as including setbacks for safe evacuation, specifications limiting eminent domain, funding for first responders, funding for required actions at carbon sequestration sites, expanded monitoring at carbon sequestration sites, specification for long-term liability in the event of a disaster, a ban on the use of captured carbon dioxide for enhanced oil recovery, emissions limits for air pollutants, requirements regarding greenhouse gas lifecycle analysis with prohibitions on carbon capture unless certain showings are made, a mandate that alternatives to capture be evaluated, public participation opportunities, and additional protections, including a prohibition related to protecting "sole source" aquifers designated by the United States Environmental Protection Agency. Defines terms. Makes findings. Effective immediately.

Spectrum: Slight Partisan Bill (Democrat 6-2)

Status: (Introduced) 2024-05-03 - Added as Chief Co-Sponsor Sen. Rachel Ventura [SB3441 Detail]

Download: Illinois-2023-SB3441-Introduced.html

---

103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB3441 Introduced 2/8/2024, by Sen. Steve McClure SYNOPSIS AS INTRODUCED:
New Act
Creates the Safety Moratorium on Carbon Dioxide Pipelines Act. Establishes a temporary statewide moratorium on construction of carbon dioxide pipelines until certain studies at the federal and State levels are conducted. Details requirements for the State study regarding the safety of carbon dioxide pipelines, which include receiving input from first responders, analyzing pipeline ruptures or leaks in a variety of settings, and recommending setbacks and funding based on that analysis. Provides that pending applications for carbon dioxide pipelines shall be held in abeyance. Provides for expiration of the temporary moratorium after four years, or when new safety standards pursuant to required studies are established, or upon adoption of certain ensuing legislation, which is detailed as including setbacks for safe evacuation, specifications limiting eminent domain, funding for first responders, funding for required actions at carbon sequestration sites, expanded monitoring at carbon sequestration sites, specification for long-term liability in the event of a disaster, a ban on the use of captured carbon dioxide for enhanced oil recovery, emissions limits for air pollutants, requirements regarding greenhouse gas lifecycle analysis with prohibitions on carbon capture unless certain showings are made, a mandate that alternatives to capture be evaluated, public participation opportunities, and additional protections, including a prohibition related to protecting "sole source" aquifers designated by the United States Environmental Protection Agency. Defines terms. Makes findings. Effective immediately.
LRB103 37551 BDA 67675 b
A BILL FOR
SB3441 LRB103 37551 BDA 67675 b
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) Pipelines are being proposed in the State by companies
for the purposes of transportation of carbon dioxide both from
within the State and from locations outside the State;
(2) The transport of carbon dioxide via pipelines
significantly affects landowners' rights to enjoy their
property. Carbon dioxide pipelines may impede access to
property and fields, place permanent restrictions on the use
of land, reduce crop yield from construction activities, and
pose a risk of grave harm to humans, livestock, and other
animals if there is a release of carbon dioxide;
(3) As specified in the Carbon Dioxide Transportation and
Sequestration Act, regulation of the construction,
maintenance, and operation of pipelines transporting carbon
dioxide is within the statutory and regulatory jurisdiction of
the Pipeline and Hazardous Materials Safety Administration
(PHMSA) of the federal Department of Transportation; and

SB3441 - 2 - LRB103 37551 BDA 67675 b
(4) 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, that to
strengthen CO2 pipeline safety and oversight, PHMSA is
initiating new rulemaking to update standards for carbon
dioxide pipelines, including requirements related to improved
safety, oversight, and 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.
"Criteria pollutants" are the pollutants that have been
identified as "criteria pollutants" by the United States
Environmental Protection Agency under Section 108 of the Clean
Air Act.
"Hazardous air pollutants" are the pollutants that have
been identified as "hazardous air pollutants" by the United
States Environmental Protection Agency under Section 112 of
the Clean Air Act.

SB3441 - 3 - LRB103 37551 BDA 67675 b
"Sequester" has the meaning given to that term in Section
1-10 of the Illinois Power Agency Act.
"Sequestration" means to sequester or be sequestered.
"Sequestration facility" means the carbon dioxide
sequestration reservoir, underground equipment, and surface
facilities and equipment used or proposed to be used in a
geologic storage operation. "Sequestration facility" includes
an injection well and equipment used to connect the surface
facility and equipment to the carbon dioxide sequestration
reservoir and underground equipment. "Sequestration facility"
does not include pipelines used to transport carbon dioxide to
a sequestration facility.
"Transportation" or "transport" 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 transport of carbon
dioxide shall be issued by the Commission until:
(1) the Pipeline and Hazardous Materials Safety
Administration has adopted revised federal safety
standards for transportation of carbon dioxide; and
(2) the State of Illinois has commissioned and

SB3441 - 4 - LRB103 37551 BDA 67675 b
finalized a study, which shall be made available to the
public, determining how far carbon dioxide pipelines must
be separated from livestock, residences, hospitals,
schools, nursing homes, places of worship, jails, prisons,
businesses, industry, and other locations where people
congregate, in order to ensure adequate time for the safe
evacuation or rescue of people and animals in the event of
a pipeline rupture or leak. The study shall:
(A) include input from first responders, including
both voluntary and paid professionals, law enforcement
officials, medical and veterinary professionals;
transportation experts; carbon dioxide pipeline
engineers; meteorologists, geologists, persons trained
in computational fluid dynamic modeling and other
modeling of carbon dioxide plumes, the Illinois
Emergency Management Agency, Illinois Department of
Public Health, County Emergency Management Agencies,
township officials, county boards, village boards,
city councils, and the general public;
(B) evaluate CO2 concentrations resulting from
pipeline ruptures or leaks in a variety of urban,
suburban, and rural settings present in Illinois,
including concentrations resulting from leaks or
ruptures of carbon dioxide pipelines with varying
diameters and carbon dioxide flow rates, based on
predictions of the most precise available

SB3441 - 5 - LRB103 37551 BDA 67675 b
computational fluid dynamic model of CO2 plume
movement;
(C) recommend setbacks for each such setting,
pipeline diameter, and flow rate, based on: (1) the
concentrations of CO2 released in the event of a leak
or rupture, (2) the time humans and, where
appropriate, livestock would be exposed to those
concentrations, and (3) the ability to, and time
necessary to, self-evacuate or be rescued before
oxygen deprivation leads to serious health effects,
including, but not limited to, convulsions,
unconsciousness, coma, or death; among other
considerations, the study shall account for the
decreased mobility of elderly persons, young children,
persons who depend primarily on public transportation,
incarcerated persons, and persons gathered in spaces
where large numbers of people assemble, as well as the
availability of electric vehicles or other transport
options that do not use combustion engines; and
(D) recommend an initial amount of funding
sufficient to provide first responders, medical
professionals, local governments, and other entities
involved in the evacuation or rescue of persons
potentially affected by a CO2 pipeline rupture with
the equipment, training, staffing, and other items
necessary to carry out safe and timely evacuations and

SB3441 - 6 - LRB103 37551 BDA 67675 b
rescues in the event of a rupture; the study shall also
recommend fees to be required of pipeline operators to
ensure availability of the necessary sum, as well as a
method for updating the amount of funding and fee
changes to account for changing costs, inflation, and
other relevant factors.
(b) Any application for a certificate of authority to
construct or operate a pipeline intended for transportation of
carbon dioxide that, as of the effective date of this Act, is
pending before the Commission shall (1) be held in abeyance,
without prejudice, until the revised safety standards and
study specified in subsection (a) have been finalized or the
temporary moratorium has expired as provided herein, and (2)
will be subject to any revised safety standards if adopted in
legislation.
(c) The temporary moratorium is inoperative when any of
the following events occur:
(1) Four years have passed since this Act's effective
date;
(2) Both the Pipeline and Hazardous Materials Safety
Administration's new safety standards and the study
required by subsection (a)(2) have been finalized; or
(3) The State of Illinois has adopted comprehensive
legislation regulating the capture, transport, and
sequestration of carbon dioxide in Illinois, which
legislation includes, among other things:

SB3441 - 7 - LRB103 37551 BDA 67675 b
(A) setbacks allowing for the safe evacuation or
rescue of persons and animals in the event of the
rupture or leak of a carbon dioxide pipeline;
(B) specifications limiting the use of eminent
domain for carbon dioxide pipelines and limiting the
use of property amalgamation for carbon dioxide
sequestration;
(C) the establishment and ongoing funding of an
emergency fund provided by entities that transport or
sequester CO2 to ensure first responders are able to
perform safe and timely evacuations, rescues, and
other emergency response actions in the event of a
carbon dioxide release from a pipeline or
sequestration site;
(D) mandatory financial assurance to cover the
cost of monitoring, corrective action, well-plugging,
and emergency response at sequestration sites, which
does not take the form of insurance, financial
guarantees, financial tests, or other self-bonding
mechanisms;
(E) expanded monitoring of carbon sequestration
sites using more methods, and for longer duration,
than the monitoring required by the U.S. Environmental
Protection Agency;
(F) specification of long-term liability in the
event of a release of brine or carbon dioxide from a

SB3441 - 8 - LRB103 37551 BDA 67675 b
sequestration site;
(G) a ban on the use of captured carbon dioxide for
enhanced oil recovery in Illinois;
(H) emission limits that ensure that carbon
capture does not contribute to significant increases
in emissions of criteria pollutants or hazardous air
pollutants at facilities from which carbon is captured
or facilities that power capture;
(I) a mandate for a greenhouse gas life cycle
analysis for each facility from which carbon dioxide
is captured and a prohibition on carbon capture unless
the company seeking to capture carbon demonstrates
that the mass of carbon dioxide sequestered from the
project will be greater than the mass of greenhouse
gas emissions associated with the lifecycle of
capture, transport, and storage of that carbon
dioxide;
(J) a mandate that alternatives to capture be
evaluated, including, but not limited to, renewable
energy, energy efficiency, and battery storage, when
the capture facility is a power plant; and
electric-battery powered vehicles when the capture
facility produces fuel; the evaluation of alternatives
shall compare the greenhouse gas pollution, water use
and water quality impacts, air pollution impacts, and
generation of waste of each alternative to those of

SB3441 - 9 - LRB103 37551 BDA 67675 b
the proposed capture, transport, and sequestration of
the CO2;
(K) robust public participation opportunities for
all carbon capture, pipeline, and sequestration
projects in Illinois and public disclosure of all
documentation; and
(L) additional protections, potentially including
prohibition of CO2 pipelines and sequestration
proximate to drinking water aquifers designated as
sole source aquifers by the United States
Environmental Protection Agency.
Section 20. Repealer. This Act is repealed 4 years after
its effective date.