Amends the Carbon Dioxide Transportation and Sequestration Act. Provides that the Illinois Commerce Commission shall not issue any certificate of authority under the Act before July 1, 2026. Removes language providing that if, after July 1, 2026, the Pipeline and Hazardous Materials Safety Administration has not adopted final revisions to specified pipeline safety rules, the Commission may only approve a certificate of authority if it finds that the applicant has met all of the requirements of the Act, has already acquired all of its other necessary approvals, and is compliant with any requirements or conditions adopted by the Commission. Provides that a nonconsenting pore space owner's compensation shall include just compensation and any operations term or injection term payments made upon or after the initiation of injection provided to consenting pore space owners in consideration of allowing use of their pore space for sequestration of carbon dioxide. Provides that a nonconsenting pore space owner's compensation shall be no less than the average total payment package, considered as a whole with respect to an individual owner, provided in agreements to similarly situated consenting pore space owners for use of their pore space by the same sequestration operator for the same sequestration project (instead of provided in agreements during the previous 365 days to similarly situated consenting pore space owners). Amends the Safety and Aid for the Environment in Carbon Capture and Sequestration Act. Provides that an affected landowner is entitled to reasonable compensation from an applicant that has been granted a certificate of authority under this Act for damages resulting from access to the landowner's property for required activities taken to construct the pipeline, including, but not limited to, compensation for specified damages. Sets forth provisions concerning payment of the compensation; attorney's fees; and an applicant entering into an agreement with the Department of Agriculture that governs the mitigation of agricultural impacts associated with the construction of the proposed pipeline. Makes other changes.
Senate Committee Amendment No. 1: In provisions concerning the issuance of a certificate of authority by Illinois Commerce Commission for the construction, operation, or repair of a carbon dioxide pipeline, removes the requirement that the Commission shall not issue any certificate of authority under the Act before July 1, 2026.
Senate Floor Amendment No. 2: Replaces everything after the enacting clause. Reinserts the provisions of the introduced bill with the following changes. Removes changes to provisions concerning applications under the Carbon Dioxide Transportation and Sequestration Act. In provisions concerning the compensation for damages to the surface of a landowner's property, provides that such compensation includes compensation to return the surface estate, including soil conservation practices, such as terraces, grassed waterways, and other conservation practices, to the condition of the surface (rather than to a condition as near as practicable to the condition of the surface) prior to accessing the property; compensation for damage to the productive capability of the soil resulting from compaction or rutting if the parties are incapable of reaching resolution for such issues under the mitigation agreement and certain requirements are met (rather than such compensation shall include, but is not limited to, compensation for when a pipeline applicant accesses a property where excessively wet soil conditions would not allow normal farming operations due to increased risk of soil erosion, rutting, or compaction); and compensation for damage to surface and subsurface drainage, including compensation such that the applicant who has been granted a certificate of authority under the Act shall compensate the affected landowner to permanently restore drainage to the condition of the drainage (rather than to a condition as near as practicable to the condition of the drainage) prior to accessing the property. Provides that an applicant shall comply with the requirements of the agreement that governs the mitigation of agricultural impacts. Makes other changes.

Statutes affected:
Introduced: 220 ILCS 75/20, 220 ILCS 75/22, 415 ILCS 185/15
Engrossed: 220 ILCS 75/22, 415 ILCS 185/15
Enrolled: 220 ILCS 75/22, 415 ILCS 185/15