SB1458 98TH GENERAL ASSEMBLY

LRB098 02584 AMC 32589 b

98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
SB1458

Introduced 2/6/2013, by Sen. Michael Noland

SYNOPSIS AS INTRODUCED:

220 ILCS 20/2.08 new
220 ILCS 20/2.09 new
220 ILCS 20/2.10 new
220 ILCS 20/2.11 new
220 ILCS 20/7	from Ch. 111 2/3, par. 557
220 ILCS 20/7.5 new

Amends the Illinois Gas Pipeline Safety Act. Provides that, after investigation and determination of a failure to comply with a provision of the Act or any Commission order or rule issued under the Act, the Pipeline Safety Program manager may issue and deposit in the United States mail a notice of probable violation (NOPV). Sets forth guidelines for the contents of the NOPV. Provides that, if one or more of the proposed penalties set forth in an NOPV is not timely paid or if one or more of the proposed corrective actions set forth in an NOPV is not fully and timely completed, all in accordance with the terms and conditions set forth in the NOPV, an evaluator may be assigned to conduct an expedited evaluation of the NOPV. Sets forth the procedures for the expedited evaluation. Makes corresponding changes in provisions concerning penalties. Effective immediately.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning utilities.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Illinois Gas Pipeline Safety Act is amended by adding Sections 2.08, 2.09, 2.10, 2.11, and 7.5 and by changing Section 7 as follows:

(220 ILCS 20/2.08 new)

Sec. 2.08. Notice of probable violation. "Notice of probable violation" or "NOPV" means a written notice, satisfying the criteria set forth in Section 7.5 of this Act, given by the PSP manager to a person who engages in the transportation of gas or who owns or operates pipeline facilities that identifies a failure of such person to comply with the provisions of this Act or any Commission order or rule issued under this Act.

(220 ILCS 20/2.09 new)

Sec. 2.09. PSP manager. "PSP manager" means the manager of the Commission's Pipeline Safety Program or other staff of the Commission assigned to gas pipeline safety issues.

(220 ILCS 20/2.10 new)

Sec. 2.10. Evaluator. "Evaluator" means a hearing examiner as described in Section 2-106 of the Public Utilities Act.

(220 ILCS 20/2.11 new)

Sec. 2.11. Expedited evaluation. "Expedited evaluation" means a proceeding that satisfies the criteria set forth in Section 7.5 of this Act before an evaluator with the goal of providing the opportunity for expedited evaluation, recommendation, and resolution of an NOPV.

(220 ILCS 20/7) (from Ch. 111 2/3, par. 557)

Sec. 7. Penalties; action for penalties.

(a) Any person violating paragraph (a) of Section 6 of this Act or any rule or order issued under this Act is subject to a civil penalty not to exceed the maximum penalties established by Section 60122(a)(1) of Title 49 of the United States Code for each day the violation persists. Such civil penalties do not apply to a violation with respect to a pipeline facility in existence on the effective date of this Act unless such violation persists one year from the effective date.

(b) Any civil penalty may be compromised by the Commission or, prior to the initiation of an expedited evaluation, by the PSP manager or, in the context of an expedited evaluation, by the evaluator. In determining the amount of the penalty, or the amount agreed upon in compromise, the Commission, the PSP manager, or evaluator, as the case may be, shall consider the appropriateness of the penalty to the size of the business of the person charged, the gravity of the violation, and the good faith of the person charged in attempting to achieve compliance, after notification of a violation. The amount of the penalty when finally determined, or the amount agreed upon in compromise, may be deducted from any sums owing by the State of Illinois to the person charged or may be recovered in a civil action in accordance with paragraph (c) of this Section 7.

(c) Actions to recover penalties under this Act shall be brought in the name of the People of the State of Illinois in the circuit court in and for the county in which the cause or some part thereof, arose or in which the corporation complained of, if any, has its principal place of business or in which the person, if any, complained of, resides. All penalties recovered by the State in any action shall be paid into the general fund of the State Treasury. The action shall be commenced and prosecuted to final judgment by the Attorney General on behalf of the Commission. In all such actions, the procedure and rules of evidence shall conform with the Civil Practice Law and other rules of court governing civil trials.

(d) In addition the Commission may proceed under Section 4-202 of the Public Utilities Act, either by mandamus or injunction, to secure compliance with its rules, regulations and orders issued under this Act.

(e) Any person penalized under this Section is not subject, for the same cause, to any other penalty provided in the Public Utilities Act.

(Source: P.A. 91-814, eff. 6-13-00.)

(220 ILCS 20/7.5 new)

Sec. 7.5. NOPV; expedited evaluation.

(a) For the purposes of this Section "violation" means a failure to comply with any provision of this Act or any Commission order or rule issued under this Act.

(b) After investigation and determination of a violation, the PSP Manager may issue and deposit in the United States mail an NOPV. Any NOPV so issued and mailed may also be posted on the Commission's website as a public document, subject to the requirements of Section 4-404 of the Public Utilities Act.

(c) An NOPV shall set forth, at a minimum, the following: (1) the date the NOPV was issued and deposited in the United States mail; (2) a description of the violation or violations alleged; (3) the date and location of the safety incident, if applicable, related to each alleged violation; (4) a detailed description of the circumstances that support the determination of each proposed violation; (5) a detailed description of the corrective action required with respect to each proposed violation; (6) the amount of the penalty proposed with respect to each proposed violation; (7) the applicable deadline for payment of each proposed penalty and for completion of each proposed corrective action (in no event shall any proposed deadline be less than 30 days after the date of the NOPV); (8) the consequences for failure to pay a proposed penalty or to complete any proposed corrective action on or before its respective proposed deadlines; and (9) a brief description of the procedures by which any proposed penalty or proposed corrective action may be challenged at the Commission.

(d) Payment in full of each of the proposed penalties and full completion of each of the proposed corrective actions, as identified in the NOPV and in accordance with the terms and conditions set forth in the NOPV, including without limitation the respective deadlines set forth in the NOPV for such payment or completion, shall constitute a final resolution of the NOPV. If one or more of the proposed penalties set forth in an NOPV is not timely paid or if one or more of the proposed corrective actions set forth in an NOPV is not fully and timely completed, all in accordance with the terms and conditions set forth in the NOPV, an evaluator may be assigned to conduct an expedited evaluation of the NOPV. If, under such circumstances, an evaluator is not assigned to conduct an expedited evaluation within one year after the date of issuance of the NOPV, the NOPV and related investigation shall be deemed closed.

(e) Under an expedited evaluation, the evaluator shall, by written notice, provide an opportunity for the person subject to the NOPV to attend a presentation by the PSP manager of its investigation and recommendations regarding the NOPV and to submit, for consideration by the evaluator, any information, including testimony relevant to any disputed proposed penalties, proposed corrective action, or other alleged failures set forth in the NOPV, or related thereto. The evaluator shall consider such recommendations and information provided, if any, and make its determination on the basis thereof, using the criteria identified in subsection (b) of Section 7 to the extent applicable. The evaluator shall consider all information offered by the parties which the evaluator deems necessary or relevant to understand the circumstances related to the NOPV, assess the disputed issues, and render its determination. The evaluator shall inform the parties of its determination prior to the conclusion of the expedited evaluation, including any recommended penalty or corrective action that the evaluator deems appropriate. The evaluator shall also issue its determination in writing regarding the NOPV within 14 days after the conclusion of the expedited evaluation.

(f) An expedited evaluation shall be conducted as an informal proceeding and, as such, shall not be subject to the Illinois Administrative Procedure Act or the Commission's rules of procedure and evidence. The person subject to the NOPV, and any individual speaking on such person's behalf, may participate in the expedited evaluation with or without legal counsel.

(g) If the evaluator determines that any penalty or corrective action with respect to the NOPV is warranted, payment in full and full completion of such corrective action in accordance with the terms and conditions set forth in the evaluator's determination shall constitute a final resolution of the NOPV.

(h) If, after the evaluator has considered a particular contested penalty or corrective action identified in an NOPV and made its determination in an expedited evaluation, there remains a dispute as to whether the Commission shall impose a penalty or require corrective action under this Act, the matter shall proceed in the manner set forth in Article X of the Public Utilities Act, including the provisions governing judicial review.

(i) Submission of a dispute to an expedited evaluation shall not result in waiver of the right of any party to bring a de novo action before the Commission thereafter, under this Act. No information provided or statements made by a person in an expedited evaluation is admissible in a matter subsequently brought before the Commission regarding the NOPV at issue; provided, however, that if the information provided or statements made are otherwise discoverable, such discoverable information or statements will not be excluded or deemed inadmissible merely because the same were presented in the course of an expedited evaluation.

(j) Once an expedited evaluation is initiated, no contested matter may be filed with the Commission regarding the NOPV at issue, until the expedited evaluation is concluded.

(k) The Commission shall have the power to adopt rules to implement this Section, to the extent the Commission deems such rules necessary or desirable.

Section 99. Effective date. This Act takes effect upon becoming law.