Bill Text: IL HB3803 | 2023-2024 | 103rd General Assembly | Introduced

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Bill Title: 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.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced) 2023-03-10 - Rule 19(a) / Re-referred to Rules Committee [HB3803 Detail]

Download: Illinois-2023-HB3803-Introduced.html

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103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3803 Introduced , by Rep. Anna Moeller 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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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

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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

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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.