Illinois’ SAFE CCS Act

Passed in July 2024, Illinois’ Safety and Aid for the Environment in Carbon Capture and Sequestration Act establishes regulations on carbon capture and storage, and places a two year moratorium on carbon pipelines, while federal safety guidelines are established. Beyond that moratorium, the law prohibits projects that will increase pollution, and bans the use of carbon dioxide for enhanced oil recovery.

Substantively, the SAFE CCS Act sets forth requirements and procedures to obtain “pore space” for sequestration. The SAFE CCS Act specifies that title to pore space remains in the surface owner, but pore space can be leased or subject to an easement. The owner or operator of a sequestration facility must obtain pore space rights from at least 75% of the landowners that may be affected. The SAFE CCS Act also requires detailed emergency response planning for CCS projects. The Act requires sequestration facility operators to obtain a permit from the Illinois EPA prior to constructing any portion of the sequestration project, which will require an evaluation of the impact on water resources used by the sequestration facility. Finally, the SAFE CCS Act includes provisions on the assignment of liability associated with the sequestration, storage, and management of CO2. Specifically, the SAFE CCS Act specifies that the operator of the sequestration facility, not the state, is responsible for any personal or property damage caused by the sequestration.