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Illinois Legislature Passes Sweeping CCS Safety Bill, Pauses CO2 Pipeline Development
31st May 2024
This week, the Illinois State Legislature passed the “SAFE CCS Act,” SB1289, which outlines a series of CCS provisions for the state. The SAFE CCS Act addresses pore space ownership and severability, unitization, protections for nonconsenting landowners, post-injection monitoring requirements, institutes a moratorium on CO₂ pipelines, creates an emergency planning and training fund for emergency services, and creates a long-term carbon sequestration trust fund. The bill will now go to the Illinois State Governor for signature.
Under the SAFE CCS Act, CO₂ pipelines cannot be developed until the proposed CO2 pipeline rulemaking recently issued by Pipeline and Hazardous Materials Safety Administration (PHMSA) is finalized or until July 1, 2026, whichever is sooner. Illinois is the second US state to legislate a pause on CO₂ pipeline development. In 2022, California’s state legislature passed SB 905, which also prohibits the use of intrastate pipelines to transport CO₂ until PHMSA’s proposed rulemaking is final.
CO₂ pipelines in the US are receiving scrutiny as CCS project developers are beginning to seek permits for pipeline projects in several states. The Global CCS Institute recently published a report describing the need for CO₂ pipelines, the legal and regulatory state of play for pipelines in the US, pipeline safety and best practices, and the importance of community engagement throughout all stages of pipeline projects.
The text of the SAFE CCS Act, SB1289, can be found here.