SPRINGFIELD, Ill. — New legislation was filed this past week that would create a state regulatory framework for carbon capture, pipeline and storage projects in Illinois.
The bill, sponsored by state Rep. Ann Williams, D-Chicago, is the latest attempt to provide state-level regulations that would fill gaps in existing federal regulations of a relatively new industry.
Illinois’ geology is considered among the most favorable in the world for carbon sequestration, which is the process of capturing and storing atmospheric carbon dioxide to reduce the effects of climate change. Federal incentives that encourage industry to invest in the relatively recent technology have made the state a focal point for potential projects.
Williams’ measure has the backing of prominent environmental groups like the Sierra Club and Illinois Environmental Council and emerges just over a month after business organizations and labor unions unveiled their own proposal.
Stakeholders on all sides of the issue hope to reach a compromise during the spring legislative session, which typically runs through the end of May.
Three checks
Under Williams’ proposal, all three aspects of the process — capture, transport and storage — would be subject to state regulations. Most notably, the legislation would prohibit the use of eminent domain for pipeline construction and bar the forced acquisition of underground storage space, both key protections that have been sought by environmental groups and landowners.
The proposal would also place limitations on where pipelines can be routed. The guidelines would be set by the state Environmental Protection Agency and companies would have to receive a permit approving the proposed route before filing their application for approval of the larger project with the Illinois Commerce Commission.
At a minimum, pipelines would be barred within two miles of “environmental justice” communities, which are places that have historically been disproportionately impacted by pollution.
It would also ban pipelines in previously mined areas and in areas where geohazards like earthquakes are more likely to occur.
“We’re hoping that this brings us closer to a point where we can provide for common-sense regulation of the industry at all phases, whether it’s the capture, the transport via pipelines or the sequestration process,” Williams said.
Long-brewing talks
State lawmakers have been in on-and-off negotiations since last year on the subject of regulations.
Last month, business organizations, labor unions and their legislative allies unveiled their own proposal, which addressed capture and storage but notably left out pipelines — arguably the most controversial piece of these projects.
Mark Denzler, president of the Illinois Manufacturers’ Association, said he is still “hopeful that legislation will be enacted by the end of the spring” that features “regulations that are smart and sensible.”
But he said the latest proposal being touted by environmental groups is a non-starter for the business community.
“The legislation that the environmental advocates proposed contains a number of poison pills that would essentially prohibit the use of carbon capture or storage in Illinois,” Denzler said.
Among them, the provisions barring the forced acquisition of property, which he said essentially gives any landowner “veto power over a project.”
As written, the business- and labor-backed legislation, sponsored by state Rep. Jay Hoffman, D-Swansea, would require a company proposing a carbon sequestration project to obtain the pore space rights from owners of at least 71% of the land area above a proposed facility. Those landowners who do not agree would be “equitably compensated.”
Concerns from farmers
Landowner concerns have been a significant reason for the slowdown in proposed carbon capture and sequestration projects in Illinois.
Last October, Omaha-based Navigator CO2 Ventures hit the pause button on plans to construct a 1,350-mile carbon capture and sequestration pipeline that would cut through central Illinois. In November, Wolf Carbon Solutions also withdrew its application for a 166-mile pipeline that would have crossed nine Illinois counties.
Last year, One Earth Sequestration submitted an application to store carbon dioxide from the One Earth Energy plant in Gibson City to three wells in eastern McLean County. It would be connected via a 7-mile pipeline.
Brent Lage, a McLean County farmer, lives near the proposed sequestration site. He was in the state Capitol on April 17 advocating for a moratorium.
“Without question, this project would be a huge presence in our lives,” Lage said, noting that he has many questions and doubts about the safe, long-term storage of carbon dioxide.
Williams’ bill has not yet been assigned to a committee.
Kellie Foy contributed to this report.
Original article can be found here: https://agupdate.com/illinoisfarmertoday/news/illinois-considers-pipeline-regulations/article_1c7f2866-01e3-11ef-9f84-631bb2265f6e.html