Full Text of SB3343 96th General Assembly
SB3343sam002 96TH GENERAL ASSEMBLY
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Sen. James F. Clayborne, Jr.
Filed: 4/14/2010
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| AMENDMENT TO SENATE BILL 3343
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| AMENDMENT NO. ______. Amend Senate Bill 3343, AS AMENDED, | 3 |
| by replacing everything after the enacting clause with the | 4 |
| following:
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| "Section 5. The Public Utilities Act is amended by changing | 6 |
| Section 15-401 as follows:
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| (220 ILCS 5/15-401)
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| Sec. 15-401. Licensing.
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| (a) No person shall operate
as a common carrier by pipeline | 10 |
| unless the person
possesses a certificate in good standing | 11 |
| authorizing it to operate as a
common carrier by pipeline. No
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| person shall begin or continue construction of a
pipeline or | 13 |
| other facility, other than the repair or
replacement of an | 14 |
| existing pipeline or facility, for use
in operations as a | 15 |
| common carrier by pipeline unless the
person possesses a | 16 |
| certificate in good standing.
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| (b) Requirements for issuance. The Commission,
after a | 2 |
| hearing, shall grant an application for a
certificate | 3 |
| authorizing operations as a common carrier by
pipeline, in | 4 |
| whole or in part, to the extent that it
finds that the | 5 |
| application was properly filed; a public
need for the service | 6 |
| exists; the applicant is fit,
willing, and able to provide the | 7 |
| service in compliance
with this Act, Commission regulations, | 8 |
| and orders; and the
public convenience and necessity requires | 9 |
| issuance of the
certificate. Evidence encompassing
any of the | 10 |
| factors set forth in this subsection (b) that is
submitted by | 11 |
| the applicant, any other party, or the Commission's staff shall | 12 |
| also be
considered by the Commission in determining whether a | 13 |
| public need for the service
exists under either current or | 14 |
| expected conditions. The changes in this subsection (b) are
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| intended to be confirmatory of existing law.
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| In its determination of public convenience and necessity | 17 |
| for a proposed
pipeline or facility designed or intended to | 18 |
| transport crude oil and any
alternate locations for such | 19 |
| proposed pipeline or facility,
the Commission shall consider, | 20 |
| but not be limited to, the following:
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| (1) any evidence presented by the Illinois | 22 |
| Environmental Protection Agency
regarding the | 23 |
| environmental impact of the proposed pipeline or other | 24 |
| facility;
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| (2) any evidence presented by the Illinois Department | 26 |
| of Transportation
regarding the impact of the proposed |
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| pipeline or facility on traffic safety,
road construction, | 2 |
| or other transportation issues;
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| (3) any evidence presented by the Department of Natural | 4 |
| Resources
regarding
the impact of the proposed pipeline or | 5 |
| facility on any conservation areas,
forest preserves, | 6 |
| wildlife preserves, wetlands, or any other natural | 7 |
| resource;
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| (4) any evidence of the effect of the pipeline upon the | 9 |
| economy,
infrastructure, and public safety presented by | 10 |
| local governmental units that
will be
affected by the | 11 |
| proposed pipeline or facility;
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| (5) any evidence of the effect of the pipeline upon | 13 |
| property values
presented by property owners who will be | 14 |
| affected by the
proposed pipeline or facility , provided | 15 |
| that the Commission need not hear evidence as to the actual | 16 |
| valuation of property such as that
as would be presented to | 17 |
| and determined by the courts under the Eminent Domain Act ;
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| (6) any evidence presented by the Department of | 19 |
| Commerce and Economic Opportunity
regarding the current | 20 |
| and future local, State-wide, or regional economic effect , | 21 |
| direct or indirect, of the proposed
pipeline or facility | 22 |
| including, but not limited to, property values, employment
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| rates, and residential and business development; and
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| (7) any evidence addressing the factors in this | 25 |
| subsection (b) or other relevant factors that is presented | 26 |
| by any other State agency , the applicant, a party, or other |
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| entity that
participates in the proceeding , including | 2 |
| evidence presented by the Commission's staff; .
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| (8) any evidence presented by a State agency or unit of | 4 |
| State or local government as to the
current and future | 5 |
| national, State-wide, or regional economic effects of the | 6 |
| proposed
pipeline, direct or indirect, as they affect | 7 |
| residents or businesses in Illinois, including, but
not | 8 |
| limited to, such impacts as the ability of manufacturers in | 9 |
| Illinois to meet public
demand for related services and | 10 |
| products and to compete in the national and regional
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| economies, improved access of suppliers to regional and | 12 |
| national shipping grids, the
ability of the State to access | 13 |
| funds made available for energy infrastructure by the | 14 |
| federal
government, mitigation of foreseeable spikes in | 15 |
| price affecting Illinois residents or
businesses due to | 16 |
| sudden changes in supply or transportation capacity, and | 17 |
| the likelihood
that the proposed construction will | 18 |
| substantially encourage related investment in the
State's | 19 |
| energy infrastructure and the creation of energy related | 20 |
| jobs; and | 21 |
| (9) any evidence presented by any State or federal | 22 |
| governmental entity as to how the proposed
pipeline or | 23 |
| facility will affect the security, stability, and | 24 |
| reliability of energy in the State
or in the region. | 25 |
| In its written order, the Commission shall address all of | 26 |
| the evidence
presented, and if the order is contrary to any of |
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| the evidence, the Commission
shall state the reasons for its | 2 |
| determination with regard to that evidence.
The provisions of | 3 |
| this amendatory Act of 1996 apply to any certificate granted
or | 4 |
| denied after the effective date of
this
amendatory Act
of 1996.
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| (b-5) An application filed pursuant to this Section may | 6 |
| request either that the Commission review and approve a | 7 |
| specific route for a pipeline, or that the Commission review | 8 |
| and approve a project route width that identifies the areas in | 9 |
| which the pipeline would be located, with such width ranging | 10 |
| from the minimum width required for a pipeline right-of-way up | 11 |
| to 500 feet in width. The purpose for allowing the option of | 12 |
| review and approval of a project route width is to provide | 13 |
| increased flexibility during the construction process to | 14 |
| accommodate specific landowner requests, avoid environmentally | 15 |
| sensitive areas, or address special environmental permitting | 16 |
| requirements. | 17 |
| (b-10) A common carrier by pipeline that may request any | 18 |
| other approvals as may be needed from the Commission for | 19 |
| completion of the pipeline under Article VIII or any other | 20 |
| Article or Section of this Act at the same time, and as part of | 21 |
| the same application, as its request for a certificate of good | 22 |
| standing under this Section. The Commission's rules shall | 23 |
| ensure that notice of such a consolidated application is | 24 |
| provided within 30 days after filing to the landowners along a | 25 |
| proposed project route, or to the potentially affected | 26 |
| landowners within a proposed project route width, using the |
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| notification procedures set forth in the Commission's rules. If | 2 |
| a consolidated application is submitted, the requests shall be | 3 |
| heard on a consolidated basis and a decision on all issues | 4 |
| shall be entered within the time frames stated in subsection | 5 |
| (b-15) of this Section. In such a consolidated proceeding, the | 6 |
| Commission may consider evidence relating to the same factors | 7 |
| identified in subsection (b) of this Section in granting a | 8 |
| certificate of need under Section 8-503 of this Act. If the | 9 |
| Commission grants approval of a project route width as opposed | 10 |
| to a specific project route, the common carrier by pipeline | 11 |
| must, as it finalizes the actual pipeline alignment within the | 12 |
| project route width, file its final list of affected landowners | 13 |
| with the Commission at least 14 days in advance of beginning | 14 |
| construction on any tract within the project route width and | 15 |
| also provide the Commission with at least 14 days notice before | 16 |
| filing a complaint for eminent domain in the circuit court with | 17 |
| regard to any tract within the project route width. | 18 |
| (b-15) The Commission shall make its determination on any | 19 |
| application filed pursuant to this Section and issue its final | 20 |
| order within one year after the date that the application is | 21 |
| filed unless an extension is granted as provided in this | 22 |
| subsection (b-15). The Commission may extend the one-year time | 23 |
| period for issuing a final order on an application filed | 24 |
| pursuant to this Section up to an additional 6 months if it | 25 |
| finds, following the filing of initial testimony by the parties | 26 |
| to the proceeding, that due to the number of affected |
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| landowners and other parties in the proceeding and the | 2 |
| complexity of the contested issues before it, additional time | 3 |
| is needed to ensure a complete review of the evidence. If an | 4 |
| extension is granted, the schedule for the proceeding shall not | 5 |
| be further extended beyond this 6-month period, and the | 6 |
| Commission shall issue its final order within the 6-month | 7 |
| extension period. The Commission shall also have the power to | 8 |
| establish an expedited schedule for making its determination on | 9 |
| an application filed pursuant to this Section in less than one | 10 |
| year if it finds that the public interest requires the setting | 11 |
| of such an expedited schedule. | 12 |
| (b-15) Within 6 months after the Commission's entry of an | 13 |
| order approving either a specific
route or a project route | 14 |
| width under this Section, the common carrier by pipeline that
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| receives such order may file supplemental applications for | 16 |
| minor route deviations outside
the approved project route | 17 |
| width, allowing for additions or changes to the approved
route | 18 |
| to address environmental concerns encountered during | 19 |
| construction or to
accommodate landowner requests. Notice of a | 20 |
| supplemental application shall be
provided to any State agency | 21 |
| that appeared in the original proceeding or immediately
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| affected landowner at the time such supplemental application is | 23 |
| filed. The route
deviations shall be approved by the Commission | 24 |
| within 45 days, unless a written
objection is filed to the | 25 |
| supplemental application within 20 days after the date such
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| supplemental application is filed. Hearings on any such |
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| supplemental application shall
be limited to the | 2 |
| reasonableness of the specific variance proposed, and the | 3 |
| issues of
public need or public convenience or necessity for | 4 |
| the project or fitness of the applicant
shall not be reopened | 5 |
| in the supplemental proceeding. | 6 |
| (b-20) The rules of the Commission may include additional | 7 |
| options for expediting the issuance of permits and certificates | 8 |
| under this Section. Such rules may provide that, in the event | 9 |
| that an applicant elects to use an option provided for in such | 10 |
| rules; (1) the applicant must request the use of the expedited | 11 |
| process at the time of filing its application for a license or | 12 |
| permit with the Commission; (2) the Commission may engage | 13 |
| experts and procure additional administrative resources that | 14 |
| are reasonably necessary for implementing the expedited | 15 |
| process; and (3) the applicant must bear any additional costs | 16 |
| incurred by the Commission as a result of the applicant's use | 17 |
| of such expedited process. | 18 |
| (c) Duties and obligations of common carriers by
pipeline. | 19 |
| Each common carrier by pipeline shall provide
adequate service | 20 |
| to the public at reasonable rates and
without discrimination.
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| (Source: P.A. 94-793, eff. 5-19-06.)
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| Section 99. Effective date. This Act takes effect July 1, | 23 |
| 2010.".
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