Illinois General Assembly - Full Text of SB2860
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Full Text of SB2860  103rd General Assembly



State of Illinois
2023 and 2024


Introduced 1/19/2024, by Sen. Steve McClure


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.

LRB103 35410 SPS 65476 b





SB2860LRB103 35410 SPS 65476 b

1    AN ACT concerning regulation.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Carbon Dioxide Transportation and
5Sequestration Act is amended by changing Section 20 as
7    (220 ILCS 75/20)
8    Sec. 20. Application.
9    (a) No person or entity may construct, operate, or repair
10a carbon dioxide pipeline unless the person or entity
11possesses a certificate of authority.
12    (b) The Commission, after a hearing, may grant an
13application for a certificate of authority authorizing the
14construction and operation of a carbon dioxide pipeline if it
15makes a specific written finding as to each of the following:
16        (1) the application was properly filed;
17        (2) the applicant is fit, willing, and able to
18    construct and operate the pipeline in compliance with this
19    Act and with Commission regulations and orders of the
20    Commission or any applicable federal agencies;
21        (3) the applicant has entered into an agreement with a
22    clean coal facility, a clean coal SNG facility, or any
23    other source that will result in the reduction of carbon



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



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



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1the evidence presented, and if the order is contrary to any of
2the evidence, the Commission shall state the reasons for its
3determination with regard to that evidence.
4    (c) When an applicant files its application for a
5certificate of authority with the Commission, it shall provide
6notice to each local government where the proposed pipeline
7will be located and include a map of the proposed pipeline
8route. The applicant shall also publish notice in a newspaper
9of general circulation in each county where the proposed
10pipeline is located.
11    (d) An application for a certificate of authority filed
12pursuant to this Section shall request either that the
13Commission review and approve a specific route for a carbon
14dioxide pipeline, or that the Commission review and approve a
15project route width that identifies the areas in which the
16pipeline would be located, with such width ranging from the
17minimum width required for a pipeline right-of-way up to 200
18feet in width. A map of the route or route width shall be
19included in the application. The purpose for allowing the
20option of review and approval of a project route width is to
21provide increased flexibility during the construction process
22to accommodate specific landowner requests, avoid
23environmentally sensitive areas, or address special
24environmental permitting requirements.
25    (e) The Commission's rules shall ensure that notice of an
26application for a certificate of authority is provided within



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130 days after filing to the landowners along a proposed
2project route, or to the potentially affected landowners
3within a proposed project route width, using the notification
4procedures set forth in the Commission's rules. If the
5Commission grants approval of a project route width as opposed
6to a specific project route, then the applicant must, as it
7finalizes the actual pipeline alignment within the project
8route width, file its final list of affected landowners with
9the Commission at least 14 days in advance of beginning
10construction on any tract within the project route width and
11also provide the Commission with at least 14 days' notice
12before filing a complaint for eminent domain in the circuit
13court with regard to any tract within the project route width.
14    (f) The Commission shall make its determination on any
15application for a certificate of authority filed pursuant to
16this Section and issue its final order within 11 months after
17the date that the application is filed. The Commission's
18failure to act within this time period shall not be deemed an
19approval or denial of the application.
20    (g) A final order of the Commission granting a certificate
21of authority pursuant to this Act shall be conditioned upon
22the applicant obtaining all required permits or approvals from
23the Pipeline and Hazardous Materials Safety Administration of
24the U.S. Department of Transportation, U.S. Army Corps of
25Engineers, and Illinois Department of Agriculture, in addition
26to all other permits and approvals necessary for the



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1construction and operation of the pipeline prior to the start
2of any construction. The final order must specifically
3prohibit the start of any construction until all such permits
4and approvals have been obtained.
5    (h) Within 6 months after the Commission's entry of an
6order approving either a specific route or a project route
7width under this Section, the owner or operator of the carbon
8dioxide pipeline that receives that order may file
9supplemental applications for minor route deviations outside
10the approved project route width, allowing for additions or
11changes to the approved route to address environmental
12concerns encountered during construction or to accommodate
13landowner requests. The supplemental application shall
14specifically detail the environmental concerns or landowner
15requests prompting the route changes, including the names of
16any landowners or entities involved. Notice of a supplemental
17application shall be provided to any State agency or unit of
18local government that appeared in the original proceeding and
19to any landowner affected by the proposed route deviation at
20the time that supplemental application is filed. The route
21deviations shall be approved by the Commission no sooner than
2290 days after all interested parties receive notice of the
23supplemental application, unless a written objection is filed
24to the supplemental application within 45 days after such
25notice is received. If a written objection is filed, then the
26Commission shall issue an order either granting or denying the



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1route deviation within 90 days after the filing of the
2objection. Hearings on any such supplemental application shall
3be limited to the reasonableness of the specific variance
4proposed, and the issues of the public interest and benefit of
5the project or fitness of the applicant shall be considered
6only to the extent that the route deviation has raised new
7concerns with regard to those issues.
8    (i) A certificate of authority to construct and operate a
9carbon dioxide pipeline issued by the Commission shall contain
10a grant of authority to construct and operate a carbon dioxide
11pipeline as requested in the application, subject to the laws
12of this State. A certificate of authority does not grant an
13owner or operator of a carbon dioxide pipeline the authority
14to take and acquire an easement in any property or interest in
15property for the construction, maintenance, or operation of a
16carbon dioxide pipeline through the exercise of the power of
17eminent domain. and include all of the following:
18        (1) a grant of authority to construct and operate a
19    carbon dioxide pipeline as requested in the application,
20    subject to the laws of this State; and
21        (2) a limited grant of authority to take and acquire
22    an easement in any property or interest in property for
23    the construction, maintenance, or operation of a carbon
24    dioxide pipeline in the manner provided for the exercise
25    of the power of eminent domain under the Eminent Domain
26    Act. The limited grant of authority shall be restricted



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1    to, and exercised solely for, the purpose of siting,
2    rights-of-way, and easements appurtenant, including
3    construction and maintenance. The applicant shall not
4    exercise this power until it has used reasonable and good
5    faith efforts to acquire the property or easement thereto.
6    The applicant may thereafter use this power when the
7    applicant determines that the easement is necessary to
8    avoid unreasonable delay or economic hardship to the
9    progress of activities carried out pursuant to the
10    certificate of authority.
11(Source: P.A. 97-534, eff. 8-23-11.)
12    (220 ILCS 75/25 rep.)
13    Section 10. The Carbon Dioxide Transportation and
14Sequestration Act is amended by repealing Section 25.