IllinoisSB1697104th General Assembly (2025–2026)SenateWALLET

CARBON CAPTURE-COMPENSATION

Sponsored By: Laura Fine (Democratic)

Became Law

assignmentsenergy and public utilitiesenergy & environment

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Bill Overview

Analyzed Economic Effects

5 provisions identified: 3 benefits, 0 costs, 2 mixed.

Landowners paid for pipeline damage

Beginning July 18, 2024, pipeline applicants must pay landowners for damage from construction. This includes crops, trees, fences, roads, buildings, personal property, livestock, and drainage. They must restore the surface, terraces, grassed waterways, and other soil conservation features to prior condition. If tiles are damaged while water is flowing, they must make temporary fixes at once and fund full restoration. They cannot enter fields when soil is too wet for normal farming; the Illinois Department of Agriculture can halt work. Crop losses are valued using nearby yields, local prices, and the acres impacted, with your initial estimate submitted to the applicant. Undisputed damages must be paid within 60 days after the work is completed. If you and the applicant cannot agree on soil compaction or rutting losses, the county soil and water conservation district advises on fixes and pay. If you sue and win, the applicant must pay your reasonable attorney fees and costs.

How pore-space unitization gets approved

Beginning July 18, 2024, an operator can ask Illinois DNR to combine (unitize) pore-space rights when it holds rights over at least 75% of the surface area and has negotiated in good faith. The petition carries a nonrefundable $250,000 fee paid into the Oil and Gas Resource Management Fund. After public notice and a hearing, DNR must issue an order within 60 days if criteria are met, including a federal Class VI well permit or an EPA finding that the permit application is administratively complete after one year. The order must promise just compensation for holdouts at least equal to the average total payments to similar consenting owners in the prior 365 days, excluding pre‑injection signing bonuses. DNR posts the petition (with protected material removed), holds an open, recorded hearing, and posts all comments online. The order does not take effect until the operator has both a federal Class VI permit and an Illinois carbon sequestration permit. The operator must also send a copy of the order to the Illinois EPA.

Replacement water if drinking water unsafe

Beginning July 18, 2024, if monitoring under a Class VI permit shows your drinking water is unsafe (for people or livestock), the operator must act. The operator must provide potable water within 24 hours. The operator must provide water safe for other needed uses within 30 days. They must keep supplying water until monitoring shows your water is safe again.

Pay and process for nonconsenting owners

Beginning July 18, 2024, after a unitization order, the operator must ask DNR to set the payment for each owner who did not sign. DNR holds a notice‑and‑hearing process and the operator must prove the proper amount; the final order can be reviewed in court. If an owner cannot be found, the operator must publish notice once a week for two straight weeks in the largest newspaper in each affected county before filing and again before the hearing. If the owner does not come forward by DNR’s public notice, that owner is treated as having consented. Money for unknown or unlocatable owners goes into a separate escrow for 20 years; after that, unpaid funds go to the State Treasurer under unclaimed property law.

Voluntary pooling of pore-space owners

Beginning July 18, 2024, if at least two pore‑space owners are inside a proposed sequestration site, they may agree to pool their rights and develop it together. This is voluntary. The law does not force pooling or set payment amounts.

Sponsors & Cosponsors

Sponsor

  • Laura Fine

    Democratic • Senate

Cosponsors

  • Graciela Guzmán

    Democratic • Senate

  • Jay Hoffman

    Democratic • House

  • Sara Feigenholtz

    Democratic • Senate

Roll Call Votes

All Roll Calls

Yes: 267 • No: 66

House vote 5/31/2025

Third Reading - Standard Debate - Passed

Yes: 93 • No: 21 • Other: 1

House vote 5/30/2025

Do Pass / Short Debate Energy & Environment Committee;

Yes: 19 • No: 8

House vote 5/29/2025

Motion to Suspend Rule 21 - Prevailed

Yes: 74 • No: 37

Senate vote 5/28/2025

Third Reading - Passed;

Yes: 56 • No: 0

Senate vote 5/22/2025

Senate Floor Amendment No. 2 Recommend Do Adopt Energy and Public Utilities;

Yes: 11 • No: 0

Senate vote 5/15/2025

Do Pass as Amended Energy and Public Utilities;

Yes: 14 • No: 0

Actions Timeline

  1. Public Act . . . . . . . . . 104-0390

    8/15/2025Senate
  2. Effective Date January 1, 2026

    8/15/2025Senate
  3. Governor Approved

    8/15/2025Senate
  4. Sent to the Governor

    6/27/2025Senate
  5. Passed Both Houses

    5/31/2025Senate
  6. Third Reading - Standard Debate - Passed 093-021-001

    5/31/2025House
  7. Chair Rules placed on Standard debate.

    5/31/2025House
  8. Placed on Calendar Order of 3rd Reading - Short Debate

    5/31/2025House
  9. Held on Calendar Order of Second Reading - Short Debate

    5/30/2025House
  10. Second Reading - Short Debate

    5/30/2025House
  11. Placed on Calendar 2nd Reading - Short Debate

    5/30/2025House
  12. Do Pass / Short Debate Energy & Environment Committee; 019-008-000

    5/30/2025House
  13. Motion to Suspend Rule 21 - Prevailed 074-037-000

    5/29/2025House
  14. Motion Filed to Suspend Rule 21 Energy & Environment Committee; Rep. Bob Morgan

    5/29/2025House
  15. Committee/Final Action Deadline Extended-9(b) May 31, 2025

    5/29/2025House
  16. Assigned to Energy & Environment Committee

    5/29/2025House
  17. Referred to Rules Committee

    5/28/2025House
  18. First Reading

    5/28/2025House
  19. Chief House Sponsor Rep. Jay Hoffman

    5/28/2025House
  20. Arrived in House

    5/28/2025House
  21. Added as Chief Co-Sponsor Sen. Sara Feigenholtz

    5/28/2025Senate
  22. Third Reading - Passed; 056-000-000

    5/28/2025Senate
  23. Placed on Calendar Order of 3rd Reading

    5/28/2025Senate
  24. Senate Floor Amendment No. 2 Adopted; Fine

    5/28/2025Senate
  25. Recalled to Second Reading

    5/28/2025Senate

Bill Text

  • Engrossed

  • Enrolled

  • Introduced

  • Senate Amendment 1

  • Senate Amendment 2

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