CO2 PIPELINES-EMINENT DOMAIN

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104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
SB2842

Introduced 1/13/2026, by Sen. Michael W. Halpin

SYNOPSIS AS INTRODUCED:

220 ILCS 5/8-509

from Ch. 111 2/3, par. 8-509
220 ILCS 75/20

Amends the Public Utilities Act. In provisions concerning the
exercise of eminent domain powers by a public utility, provides that an
owner or operator of a pipeline designed, constructed, and operated to
transport carbon dioxide to which the Illinois Commerce Commission has
granted a certificate under the Carbon Dioxide Transportation and
Sequestration Act shall not seek or exercise eminent domain authority from
the Commission. 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 eminent domain power. Removes corresponding provisions
concerning eminent domain.
LRB104 17076 AAS 30493 b

A BILL FOR

SB2842
LRB104 17076 AAS 30493 b
1

AN ACT concerning regulation.

2

Be it enacted by the People of the State of Illinois,
3
represented in the General Assembly:

4

Section 5.
The Public Utilities Act is amended by changing
5
Section 8-509 as follows:

6

(220 ILCS 5/8-509)

(from Ch. 111 2/3, par. 8-509)
7

Sec. 8-509.
When necessary for the construction of any
8
alterations, additions, extensions or improvements ordered or
9
authorized under Section 8-406.1 or 8-503 of this Act, any
10
public utility may enter upon, take or damage private property
11
in the manner provided for by the law of eminent domain. If a
12
public utility seeks relief under this Section in the same
13
proceeding in which it seeks a certificate of public
14
convenience and necessity under Section 8-406.1 of this Act,
15
the Commission shall enter its order under this Section either
16
as part of the Section 8-406.1 order or at the same time it
17
enters the Section 8-406.1 order. If a public utility seeks
18
relief under this Section after the Commission enters its
19
order in the Section 8-406.1 proceeding, the Commission shall
20
issue its order under this Section within 45 days after the
21
utility files its petition under this Section.
22

This Section applies to the exercise of eminent domain
23
powers by telephone companies or telecommunications carriers

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LRB104 17076 AAS 30493 b
1
only when the facilities to be constructed are intended to be
2
used in whole or in part for providing one or more intrastate
3
telecommunications services classified as "noncompetitive"
4
under Section 13-502 in a tariff filed by the condemnor. The
5
exercise of eminent domain powers by telephone companies or
6
telecommunications carriers in all other cases shall be
7
governed solely by "An Act relating to the powers, duties and
8
property of telephone companies", approved May 16, 1903, as
9
now or hereafter amended.
10

This Section applies to
the exercise of eminent domain
11
powers by
an owner or operator of a pipeline designed,
12
constructed, and operated to transport carbon dioxide to which
13
the Commission has granted a certificate under Section 20 of
14
the Carbon Dioxide Transportation and Sequestration Act
. Such
15
an owner or operator shall not

and may
seek
or exercise
eminent
16
domain authority from the Commission under this Section.
If
17
the applicant of such a certificate of authority for a new
18
carbon dioxide pipeline seeks relief under this Section in the
19
same proceeding in which it seeks a certificate of authority
20
for a new carbon dioxide pipeline under Section 20 of the
21
Carbon Dioxide Transportation and Sequestration Act, the
22
Commission shall enter its order under this Section either as
23
part of or at the same time as its order under the Carbon
24
Dioxide Transportation and Sequestration Act.
Notwithstanding
25
anything to the contrary in this Section, the owner or
26
operator of such a pipeline shall not be considered to be a

SB2842
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LRB104 17076 AAS 30493 b
1
public utility for any
other
provisions of this Act.
2
(Source: P.A. 103-651, eff. 7-18-24.)

3

Section 10.
The Carbon Dioxide Transportation and
4
Sequestration Act is amended by changing Section 20 as
5
follows:

6

(220 ILCS 75/20)
7

Sec. 20.
Application.
8

(a) No person or entity may construct, operate, or repair
9
a carbon dioxide pipeline unless the person or entity
10
possesses a certificate of authority. Nothing in this Act
11
requires a legacy carbon dioxide pipeline to obtain a
12
certificate of authority.
13

(b) The Commission, after a hearing, may grant an
14
application for a certificate of authority authorizing the
15
construction and operation of a carbon dioxide pipeline if it
16
makes a specific written finding as to each of the following:
17

(1) the application was properly filed;
18

(2) the applicant is fit, willing, and able to
19

construct and operate the pipeline in compliance with this
20

Act and with Commission regulations and orders of the
21

Commission or any applicable federal agencies;
22

(3) the applicant has entered into one or more
23

agreements with a source or sources that will result in
24

the reduction of carbon dioxide emissions from that source

SB2842
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LRB104 17076 AAS 30493 b
1

or sources and the applicant has filed such agreement or
2

agreements as part of its application;
3

(4) the applicant has filed with the Pipeline and
4

Hazardous Materials Safety Administration of the U.S.
5

Department of Transportation all forms required by that
6

agency in advance of constructing a carbon dioxide
7

pipeline;
8

(5) the applicant has filed with the U.S. Army Corps
9

of Engineers all applications for permits required by that
10

agency in advance of constructing a carbon dioxide
11

pipeline;
12

(6) the applicant has entered into an agreement with
13

the Illinois Department of Agriculture that governs the
14

mitigation of agricultural impacts associated with the
15

construction of the proposed pipeline;
16

(6.1) the applicant has applied for any and all other
17

federal permits necessary to construct and operate a
18

carbon dioxide pipeline;
19

(6.2) the applicant has held at least 2 prefiling
20

public meetings to receive public comment concerning the
21

proposed carbon dioxide pipeline in each county where the
22

pipeline is to be located, no earlier than 6 months prior
23

to the filing of the application. Notice of the public
24

meeting shall be published in a newspaper of general
25

circulation within the affected county once a week for 3
26

consecutive weeks, beginning no earlier than one month

SB2842
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LRB104 17076 AAS 30493 b
1

prior to the first public meeting. Notice of each public
2

meeting, including a description of the carbon dioxide
3

pipeline, must be provided in writing to the clerk of each
4

county where the project is to be located and to the chief
5

clerk of the Commission. A representative of the
6

Commission shall be invited to each prefiling public
7

meeting. The applicant shall maintain a dedicated public
8

website which provides details regarding the proposed
9

route of the pipeline, plans for construction, status of
10

the application, and the manner in which members of the
11

public may offer their opinions regarding the pipeline;
12

(6.3) the applicant has directly contacted the owner
13

of each parcel of land located within 2 miles of the
14

proposed pipeline route by certified mail, or made good
15

faith efforts if the owner of record cannot be located,
16

advising them of the proposed pipeline route and of the
17

date and time of each public meeting to be held in the
18

county in which each landowner's property is located;
19

(6.4) the applicant has prepared and submitted a
20

detailed emergency operations plan, which addresses at a
21

minimum, emergency operations plan requirements adopted by
22

the Illinois Emergency Management Agency and Office of
23

Homeland Security under paragraph (4) of subsection (f) of
24

Section 5 of the Illinois Emergency Management Agency Act.
25

The submitted emergency operations plan shall also provide
26

for post-emergency analysis and controller actions. In

SB2842
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LRB104 17076 AAS 30493 b
1

addition, the applicant shall demonstrate that it has
2

communicated with the county emergency services and
3

disaster agency (ESDA), or other relevant mandated ESDA,
4

to coordinate its emergency operations plan for the
5

pipeline with the county ESDA's, or other relevant
6

mandated ESDA's, emergency operations plan;
7

(7) the applicant possesses the financial, managerial,
8

legal, and technical qualifications necessary to construct
9

and operate the proposed carbon dioxide pipeline; and
10

(8) the proposed pipeline is consistent with the
11

public interest, public benefit, and legislative purpose
12

as set forth in this Act. In addition to any other evidence
13

the Commission may consider on this specific finding, the
14

Commission shall consider the following:
15

(A) any evidence of the effect of the pipeline
16

upon the economy, infrastructure, and public safety
17

presented by local governmental units that will be
18

affected by the proposed pipeline route;
19

(B) any evidence of the effect of the pipeline
20

presented by property owners who will be affected by
21

the proposed pipeline or facility
, provided that the
22

Commission need not hear evidence as to the actual
23

valuation of property such as that as would be
24

presented to and determined by the courts under the
25

Eminent Domain Act
;
26

(C) any evidence presented by the Department of

SB2842
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LRB104 17076 AAS 30493 b
1

Commerce and Economic Opportunity regarding the
2

current and future local, State-wide, or regional
3

economic effect, direct or indirect, of the proposed
4

pipeline or facility including, but not limited to,
5

ability of the State to attract economic growth, meet
6

future energy requirements, and ensure compliance with
7

environmental requirements and goals;
8

(D) any evidence addressing the factors described
9

in items (1) through (8) of this subsection (b) or
10

other relevant factors that is presented by any other
11

State agency, unit of local government, the applicant,
12

a party, or other entity that participates in the
13

proceeding, including evidence presented by the
14

Commission's staff; and
15

(E) any evidence presented by any State or federal
16

governmental entity as to how the proposed pipeline
17

will affect the security, stability, and reliability
18

of public infrastructure.
19

In its written order, the Commission shall address all of
20
the evidence presented, and if the order is contrary to any of
21
the evidence, the Commission shall state the reasons for its
22
determination with regard to that evidence.
23

(c) When an applicant files its application for a
24
certificate of authority with the Commission, it shall provide
25
notice to each unit of local government where the proposed
26
pipeline will be located and include a map of the proposed

SB2842
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LRB104 17076 AAS 30493 b
1
pipeline route. The applicant shall also publish notice in a
2
newspaper of general circulation in each county where the
3
proposed pipeline is located.
4

(d) An application for a certificate of authority filed
5
pursuant to this Section shall request either that the
6
Commission review and approve a specific route for a carbon
7
dioxide pipeline, or that the Commission review and approve a
8
project route width that identifies the areas in which the
9
pipeline would be located, with such width ranging from the
10
minimum width required for a pipeline right-of-way up to 200
11
feet in width. A map of the route or route width shall be
12
included in the application. The purpose for allowing the
13
option of review and approval of a project route width is to
14
provide increased flexibility during the construction process
15
to accommodate specific landowner requests, avoid
16
environmentally sensitive areas, or address special
17
environmental permitting requirements.
18

(e) The Commission's rules shall ensure that notice of an
19
application for a certificate of authority is provided within
20
30 days after filing to the landowners along a proposed
21
project route, or to the potentially affected landowners
22
within a proposed project route width, using the notification
23
procedures set forth in the Commission's rules. If the
24
Commission grants approval of a project route width as opposed
25
to a specific project route, then the applicant must, as it
26
finalizes the actual pipeline alignment within the project

SB2842
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LRB104 17076 AAS 30493 b
1
route width, file its final list of affected landowners with
2
the Commission at least 14 days in advance of beginning
3
construction on any tract within the project route width
and
4
also provide the Commission with at least 14 days' notice
5
before filing a complaint for eminent domain in the circuit
6
court with regard to any tract within the project route width
.
7

(f) If an applicant has obtained all necessary federal
8
licenses, permits, and authority necessary to construct and
9
operate a carbon dioxide pipeline before it files an
10
application pursuant to this Section, then the Commission
11
shall make its determination on any application for a
12
certificate of authority and issue its final order within 11
13
months after the date that the application is filed. The
14
Commission's failure to act within this time period shall not
15
be deemed an approval or denial of the application.
16

(g) A final order of the Commission granting a certificate
17
of authority pursuant to this Act shall be conditioned upon
18
the applicant obtaining all required permits or approvals from
19
the Pipeline and Hazardous Materials Safety Administration of
20
the U.S. Department of Transportation, U.S. Army Corps of
21
Engineers, and Illinois Department of Agriculture, in addition
22
to all other permits and approvals necessary for the
23
construction and operation of the pipeline prior to the start
24
of any construction. The final order must specifically
25
prohibit the start of any construction until all such permits
26
and approvals have been obtained. The Commission shall not

SB2842
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LRB104 17076 AAS 30493 b
1
issue any certificate of authority under this Act until (i)
2
the Pipeline and Hazardous Materials Safety Administration has
3
adopted final revisions to its pipeline safety rules intended
4
to enhance the safe transportation of carbon dioxide by
5
pipelines to accommodate an anticipated increase in the number
6
of carbon dioxide pipelines and volume of carbon dioxide
7
transported in the proposed rulemaking designated Regulatory
8
Information Number 2137-AF60, and (ii) the Commission has
9
verified that the submitted application complies with those
10
finalized rules. If, after July 1, 2026, the Pipeline and
11
Hazardous Materials Safety Administration has not adopted
12
final revisions to its pipeline safety rules under the
13
proposed rulemaking designated Regulatory Information Number
14
2137-AF60, the Commission may only approve a certificate of
15
authority under this Section if it finds that the applicant
16
has met all of the requirements of this Act, has already
17
acquired all of its other necessary approvals, and is
18
compliant with any requirements or conditions adopted by the
19
Commission subsection (g-5).
20

(g-5) In granting a certificate under this Act, the
21
Commission shall adopt such requirements or impose such
22
conditions upon a certificate as in its opinion are necessary
23
to preserve public safety, as long as such requirements are
24
compatible with the minimum standards prescribed by the
25
Pipeline and Hazardous Material Safety Administration.
26

(h) Within 6 months after the Commission's entry of an

SB2842
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LRB104 17076 AAS 30493 b
1
order approving either a specific route or a project route
2
width under this Section, the owner or operator of the carbon
3
dioxide pipeline that receives that order may file
4
supplemental applications for minor route deviations outside
5
the approved project route width, allowing for additions or
6
changes to the approved route to address environmental
7
concerns encountered during construction or to accommodate
8
landowner requests. The supplemental application shall
9
specifically detail the environmental concerns or landowner
10
requests prompting the route changes, including the names of
11
any landowners or entities involved. Notice of a supplemental
12
application shall be provided to any State agency or unit of
13
local government that appeared in the original proceeding and
14
to any landowner affected by the proposed route deviation at
15
the time that supplemental application is filed. The route
16
deviations shall be approved by the Commission no sooner than
17
90 days after all interested parties receive notice of the
18
supplemental application, unless a written objection is filed
19
to the supplemental application within 45 days after such
20
notice is received. If a written objection is filed, then the
21
Commission shall issue an order either granting or denying the
22
route deviation within 90 days after the filing of the
23
objection. Hearings on any such supplemental application shall
24
be limited to the reasonableness of the specific variance
25
proposed, and the issues of the public interest and benefit of
26
the project or fitness of the applicant shall be considered

SB2842
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LRB104 17076 AAS 30493 b
1
only to the extent that the route deviation has raised new
2
concerns with regard to those issues.
3

(i) A certificate of authority to construct and operate a
4
carbon dioxide pipeline issued by the Commission shall contain
5
a grant of authority to construct and operate a carbon dioxide
6
pipeline as requested in the application, subject to the laws
7
of this State. A certificate of authority does not grant an
8
owner or operator of a carbon dioxide pipeline the authority
9
to take and acquire an easement in any property or interest in
10
property for the construction, maintenance, or operation of a
11
carbon dioxide pipeline through the exercise of eminent domain
12
power.

and include all of the following:
13

(1) a grant of authority to construct and operate a
14

carbon dioxide pipeline as requested in the application,
15

subject to the laws of this State; and
16

(2) the right to seek eminent domain authority from
17

the Commission under Section 8-509 of the Public Utilities
18

Act.
19

(j) All applications under this Act pending before the
20
Commission on the effective date of this amendatory Act of the
21
103rd General Assembly shall be dismissed without prejudice.
22
(Source: P.A. 103-651, eff. 7-18-24.)

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