Illinois HB 5786: CO2 PIPELINES-EMINENT DOMAIN

Bill Text

Full Text of HB5786 

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 Illinois General Assembly

 ILGA.GOV 

 HB5786 - 104th General Assembly 

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

HB5786LRB104 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 

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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 

11powers 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 

17the applicant of such a certificate of authority for a new 

18carbon dioxide pipeline seeks relief under this Section in the 

19same proceeding in which it seeks a certificate of authority 

20for a new carbon dioxide pipeline under Section 20 of the 

21Carbon Dioxide Transportation and Sequestration Act, the 

22Commission shall enter its order under this Section either as 

23part of or at the same time as its order under the Carbon 

24Dioxide 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 

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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 carb