SB1697 - 104th General Assembly (2025-2026)
CARBON CAPTURE-COMPENSATION
Last Action
8/15/2025 - Senate: Public Act . . . . . . . . . 104-0390
Statutes Amended In Order of Appearance
Synopsis As Introduced
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
Deletes reference to:
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.
Actions
| Date | Chamber | Action |
|---|---|---|
| 2/05/2025 | Senate | Filed with Secretary by Sen. Laura Fine |
| 2/05/2025 | Senate | First Reading |
| 2/05/2025 | Senate | Referred to Assignments |
| 2/18/2025 | Senate | Assigned to Energy and Public Utilities |
| 3/05/2025 | Senate | Senate Committee Amendment No. 1 Filed with Secretary by Sen. Laura Fine |
| 3/05/2025 | Senate | Senate Committee Amendment No. 1 Referred to Assignments |
| 3/05/2025 | Senate | Added as Chief Co-Sponsor Sen. Graciela Guzmán |
| 3/12/2025 | Senate | Senate Committee Amendment No. 1 Assignments Refers to Energy and Public Utilities |
| 3/20/2025 | Senate | Senate Committee Amendment No. 1 Postponed - Energy and Public Utilities |
| 3/20/2025 | Senate | Postponed - Energy and Public Utilities |
| 3/21/2025 | Senate | Rule 2-10 Committee Deadline Established As April 4, 2025 |
| 4/04/2025 | Senate | Rule 2-10 Committee Deadline Established As April 11, 2025 |
| 4/11/2025 | Senate | Rule 2-10 Committee/3rd Reading Deadline Established As May 9, 2025 |
| 5/09/2025 | Senate | Rule 2-10 Committee/3rd Reading Deadline Established As May 23, 2025 |
| 5/15/2025 | Senate | Senate Committee Amendment No. 1 Adopted |
| 5/15/2025 | Senate | Do Pass as Amended Energy and Public Utilities; 014-000-000 |
| 5/15/2025 | Senate | Placed on Calendar Order of 2nd Reading |
| 5/15/2025 | Senate | Second Reading |
| 5/15/2025 | Senate | Placed on Calendar Order of 3rd Reading May 20, 2025 |
| 5/20/2025 | Senate | Senate Floor Amendment No. 2 Filed with Secretary by Sen. Laura Fine |
| 5/20/2025 | Senate | Senate Floor Amendment No. 2 Referred to Assignments |
| 5/21/2025 | Senate | Senate Floor Amendment No. 2 Assignments Refers to Energy and Public Utilities |
| 5/22/2025 | Senate | Senate Floor Amendment No. 2 Recommend Do Adopt Energy and Public Utilities; 011-000-000 |
| 5/23/2025 | Senate | Rule 2-10 Third Reading Deadline Established As June 1, 2025 |
| 5/28/2025 | Senate | Recalled to Second Reading |
| 5/28/2025 | Senate | Senate Floor Amendment No. 2 Adopted; Fine |
| 5/28/2025 | Senate | Placed on Calendar Order of 3rd Reading |
| 5/28/2025 | Senate | Third Reading - Passed; 056-000-000 |
| 5/28/2025 | Senate | Added as Chief Co-Sponsor Sen. Sara Feigenholtz |
| 5/28/2025 | House | Arrived in House |
| 5/28/2025 | House | Chief House Sponsor Rep. Jay Hoffman |
| 5/28/2025 | House | First Reading |
| 5/28/2025 | House | Referred to Rules Committee |
| 5/29/2025 | House | Assigned to Energy & Environment Committee |
| 5/29/2025 | House | Committee/Final Action Deadline Extended-9(b) May 31, 2025 |
| 5/29/2025 | House | Motion Filed to Suspend Rule 21 Energy & Environment Committee; Rep. Bob Morgan |
| 5/29/2025 | House | Motion to Suspend Rule 21 - Prevailed 074-037-000 |
| 5/30/2025 | House | Do Pass / Short Debate Energy & Environment Committee; 019-008-000 |
| 5/30/2025 | House | Placed on Calendar 2nd Reading - Short Debate |
| 5/30/2025 | House | Second Reading - Short Debate |
| 5/30/2025 | House | Held on Calendar Order of Second Reading - Short Debate |
| 5/31/2025 | House | Placed on Calendar Order of 3rd Reading - Short Debate |
| 5/31/2025 | House | Chair Rules placed on Standard debate. |
| 5/31/2025 | House | Third Reading - Standard Debate - Passed 093-021-001 |
| 5/31/2025 | Senate | Passed Both Houses |
| 6/27/2025 | Senate | Sent to the Governor |
| 8/15/2025 | Senate | Governor Approved |
| 8/15/2025 | Senate | Effective Date January 1, 2026 |
| 8/15/2025 | Senate | Public Act . . . . . . . . . 104-0390 |