HB 5786

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Full Text of HB5786
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	HB5786 - 104th General Assembly
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104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
HB5786
Introduced 5/21/2026, by Rep. Theresa Mah
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 21924 AAS 37828 b
A BILL FOR
		HB5786		LRB104 21924 AAS 37828 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 Public Utilities Act is amended by changing
5Section 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
8alterations, additions, extensions or improvements ordered or
9authorized under Section 8-406.1 or 8-503 of this Act, any
10public utility may enter upon, take or damage private property
11in the manner provided for by the law of eminent domain. If a
12public utility seeks relief under this Section in the same
13proceeding in which it seeks a certificate of public
14convenience and necessity under Section 8-406.1 of this Act,
15the Commission shall enter its order under this Section either
16as part of the Section 8-406.1 order or at the same time it
17enters the Section 8-406.1 order. If a public utility seeks
18relief under this Section after the Commission enters its
19order in the Section 8-406.1 proceeding, the Commission shall
20issue its order under this Section within 45 days after the
21utility files its petition under this Section.
22    This Section applies to the exercise of eminent domain
23powers by telephone companies or telecommunications carriers
		HB5786	- 2 -	LRB104 21924 AAS 37828 b
1only when the facilities to be constructed are intended to be
2used in whole or in part for providing one or more intrastate
3telecommunications services classified as "noncompetitive"
4under Section 13-502 in a tariff filed by the condemnor. The
5exercise of eminent domain powers by telephone companies or
6telecommunications carriers in all other cases shall be
7governed solely by "An Act relating to the powers, duties and
8property of telephone companies", approved May 16, 1903, as
9now or hereafter amended.
10    This Section applies to [the exercise of eminent domain ]
11[powers by] an owner or operator of a pipeline designed,
12constructed, and operated to transport carbon dioxide to which
13the Commission has granted a certificate under Section 20 of
14the Carbon Dioxide Transportation and Sequestration Act. Such 
15an owner or operator shall not [and may] seek or exercise eminent
16domain 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
25anything to the contrary in this Section, the owner or
26operator of such a pipeline shall not be considered to be a
		HB5786	- 3 -	LRB104 21924 AAS 37828 b
1public 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
4Sequestration Act is amended by changing Section 20 as
5follows:
6    (220 ILCS 75/20)
7    Sec. 20. Application.
8    (a) No person or entity may construct, operate, or repair
9a carbon dioxide pipeline unless the person or entity
10possesses a certificate of authority. Nothing in this Act
11requires a legacy carbon dioxide pipeline to obtain a
12certificate of authority.
13    (b) The Commission, after a hearing, may grant an
14application for a certificate of authority authorizing the
15construction and operation of a carbon dioxide pipeline if it
16makes 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
		HB5786	- 4 -	LRB104 21924 AAS 37828 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
		HB5786	- 5 -	LRB104 21924 AAS 37828 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
		HB5786	- 6 -	LRB104 21924 AAS 37828 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
		HB5786	- 7 -	LRB104 21924 AAS 37828 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
20the evidence presented, and if the order is contrary to any of
21the evidence, the Commission shall state the reasons for its
22determination with regard to that evidence.
23    (c) When an applicant files its application for a
24certificate of authority with the Commission, it shall provide
25notice to each unit of local government where the proposed
26pipeline will be located and include a map of the proposed
		HB5786	- 8 -	LRB104 21924 AAS 37828 b
1pipeline route. The applicant shall also publish notice in a
2newspaper of general circulation in each county where the
3proposed pipeline is located.
4    (d) An application for a certificate of authority filed
5pursuant to this Section shall request either that the
6Commission review and approve a specific route for a carbon
7dioxide pipeline, or that the Commission review and approve a
8project route width that identifies the areas in which the
9pipeline would be located, with such width ranging from the
10minimum width required for a pipeline right-of-way up to 200
11feet in width. A map of the route or route width shall be
12included in the application. The purpose for allowing the
13option of review and approval of a project route width is to
14provide increased flexibility during the construction process
15to accommodate specific landowner requests, avoid
16environmentally sensitive areas, or address special
17environmental permitting requirements.
18    (e) The Commission's rules shall ensure that notice of an
19application for a certificate of authority is provided within
2030 days after filing to the landowners along a proposed
21project route, or to the potentially affected landowners
22within a proposed project route width, using the notification
23procedures set forth in the Commission's rules. If the
24Commission grants approval of a project route width as opposed
25to a specific project route, then the applicant must, as it
26finalizes the actual pipeline alignment within the project
		HB5786	- 9 -	LRB104 21924 AAS 37828 b
1route width, file its final list of affected landowners with
2the Commission at least 14 days in advance of beginning
3construction 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
8licenses, permits, and authority necessary to construct and
9operate a carbon dioxide pipeline before it files an
10application pursuant to this Section, then the Commission
11shall make its determination on any application for a
12certificate of authority and issue its final order within 11
13months after the date that the application is filed. The
14Commission's failure to act within this time period shall not
15be deemed an approval or denial of the application.
16    (g) A final order of the Commission granting a certificate
17of authority pursuant to this Act shall be conditioned upon
18the applicant obtaining all required permits or approvals from
19the Pipeline and Hazardous Materials Safety Administration of
20the U.S. Department of Transportation, U.S. Army Corps of
21Engineers, and Illinois Department of Agriculture, in addition
22to all other permits and approvals necessary for the
23construction and operation of the pipeline prior to the start
24of any construction. The final order must specifically
25prohibit the start of any construction until all such permits
26and approvals have been obtained. The Commission shall not
		HB5786	- 10 -	LRB104 21924 AAS 37828 b
1issue any certificate of authority under this Act until (i)
2the Pipeline and Hazardous Materials Safety Administration has
3adopted final revisions to its pipeline safety rules intended
4to enhance the safe transportation of carbon dioxide by
5pipelines to accommodate an anticipated increase in the number
6of carbon dioxide pipelines and volume of carbon dioxide
7transported in the proposed rulemaking designated Regulatory
8Information Number 2137-AF60, and (ii) the Commission has
9verified that the submitted application complies with those
10finalized rules. If, after July 1, 2026, the Pipeline and
11Hazardous Materials Safety Administration has not adopted
12final revisions to its pipeline safety rules under the
13proposed rulemaking designated Regulatory Information Number
142137-AF60, the Commission may only approve a certificate of
15authority under this Section if it finds that the applicant
16has met all of the requirements of this Act, has already
17acquired all of its other necessary approvals, and is
18compliant with any requirements or conditions adopted by the
19Commission subsection (g-5).
20    (g-5) In granting a certificate under this Act, the
21Commission shall adopt such requirements or impose such
22conditions upon a certificate as in its opinion are necessary
23to preserve public safety, as long as such requirements are
24compatible with the minimum standards prescribed by the
25Pipeline and Hazardous Material Safety Administration.
26    (h) Within 6 months after the Commission's entry of an
		HB5786	- 11 -	LRB104 21924 AAS 37828 b
1order approving either a specific route or a project route
2width under this Section, the owner or operator of the carbon
3dioxide pipeline that receives that order may file
4supplemental applications for minor route deviations outside
5the approved project route width, allowing for additions or
6changes to the approved route to address environmental
7concerns encountered during construction or to accommodate
8landowner requests. The supplemental application shall
9specifically detail the environmental concerns or landowner
10requests prompting the route changes, including the names of
11any landowners or entities involved. Notice of a supplemental
12application shall be provided to any State agency or unit of
13local government that appeared in the original proceeding and
14to any landowner affected by the proposed route deviation at
15the time that supplemental application is filed. The route
16deviations shall be approved by the Commission no sooner than
1790 days after all interested parties receive notice of the
18supplemental application, unless a written objection is filed
19to the supplemental application within 45 days after such
20notice is received. If a written objection is filed, then the
21Commission shall issue an order either granting or denying the
22route deviation within 90 days after the filing of the
23objection. Hearings on any such supplemental application shall
24be limited to the reasonableness of the specific variance
25proposed, and the issues of the public interest and benefit of
26the project or fitness of the applicant shall be considered
		HB5786	- 12 -	LRB104 21924 AAS 37828 b
1only to the extent that the route deviation has raised new
2concerns with regard to those issues.
3    (i) A certificate of authority to construct and operate a
4carbon dioxide pipeline issued by the Commission shall contain
5a grant of authority to construct and operate a carbon dioxide 
6pipeline as requested in the application, subject to the laws 
7of this State. A certificate of authority does not grant an 
8owner or operator of a carbon dioxide pipeline the authority 
9to take and acquire an easement in any property or interest in 
10property for the construction, maintenance, or operation of a 
11carbon dioxide pipeline through the exercise of eminent domain 
12power. [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
20Commission on the effective date of this amendatory Act of the
21103rd General Assembly shall be dismissed without prejudice.
22(Source: P.A. 103-651, eff. 7-18-24.)