Full Text of SB2169 97th General Assembly
SB2169eng 97TH GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning regulation.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Public Utilities Act is amended by changing | 5 | | Section 15-401 as follows:
| 6 | | (220 ILCS 5/15-401)
| 7 | | Sec. 15-401. Licensing.
| 8 | | (a) No person shall operate
as a common carrier by pipeline | 9 | | unless the person
possesses a certificate in good standing | 10 | | authorizing it to operate as a
common carrier by pipeline. No
| 11 | | person shall begin or continue construction of a
pipeline or | 12 | | other facility, other than the repair or
replacement of an | 13 | | existing pipeline or facility, for use
in operations as a | 14 | | common carrier by pipeline unless the
person possesses a | 15 | | certificate in good standing.
| 16 | | (b) Requirements for issuance. The Commission,
after a | 17 | | hearing, shall grant an application for a
certificate | 18 | | authorizing operations as a common carrier by
pipeline, in | 19 | | whole or in part, to the extent that it
finds that the | 20 | | application was properly filed; a public
need for the service | 21 | | exists; the applicant is fit,
willing, and able to provide the | 22 | | service in compliance
with this Act, Commission regulations, | 23 | | and orders; and the
public convenience and necessity requires |
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| 1 | | issuance of the
certificate. Evidence encompassing
any of the | 2 | | factors described in items (1) through (9) of this subsection | 3 | | (b) that is
submitted by the applicant, any other party, or the | 4 | | Commission's staff shall also be
considered by the Commission | 5 | | in determining whether a public need for the service
exists | 6 | | under current or expected conditions. The changes in this | 7 | | subsection (b) are
declarative of existing law.
| 8 | | In its determination of public convenience and necessity | 9 | | for a proposed
pipeline or facility designed or intended to | 10 | | transport crude oil and any
alternate locations for such | 11 | | proposed pipeline or facility,
the Commission shall consider, | 12 | | but not be limited to, the following:
| 13 | | (1) any evidence presented by the Illinois | 14 | | Environmental Protection Agency
regarding the | 15 | | environmental impact of the proposed pipeline or other | 16 | | facility;
| 17 | | (2) any evidence presented by the Illinois Department | 18 | | of Transportation
regarding the impact of the proposed | 19 | | pipeline or facility on traffic safety,
road construction, | 20 | | or other transportation issues;
| 21 | | (3) any evidence presented by the Department of Natural | 22 | | Resources
regarding
the impact of the proposed pipeline or | 23 | | facility on any conservation areas,
forest preserves, | 24 | | wildlife preserves, wetlands, or any other natural | 25 | | resource;
| 26 | | (4) any evidence of the effect of the pipeline upon the |
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| 1 | | economy,
infrastructure, and public safety presented by | 2 | | local governmental units that
will be
affected by the | 3 | | proposed pipeline or facility;
| 4 | | (5) any evidence of the effect of the pipeline upon | 5 | | property values
presented by property owners who will be | 6 | | affected by the
proposed pipeline or facility , provided | 7 | | that the Commission need not hear evidence as to the actual | 8 | | valuation of property such as would be presented to and | 9 | | determined by the courts under the Eminent Domain Act ;
| 10 | | (6) any evidence presented by the Department of | 11 | | Commerce and Economic Opportunity
regarding the current | 12 | | and future local, State-wide, or regional economic effect , | 13 | | direct or indirect, of the proposed
pipeline or facility | 14 | | including, but not limited to, property values, employment
| 15 | | rates, and residential and business development; and
| 16 | | (7) any evidence addressing the factors described in | 17 | | items (1) through (9) of this subsection (b) or other | 18 | | relevant factors that is presented by any other State | 19 | | agency , the applicant, a party, or other entity that
| 20 | | participates in the proceeding , including evidence | 21 | | presented by the Commission's staff; .
| 22 | | (8) any evidence presented by a State agency or unit of | 23 | | State or local government as to the
current and future | 24 | | national, State-wide, or regional economic effects of the | 25 | | proposed
pipeline, direct or indirect, as they affect | 26 | | residents or businesses in Illinois, including, but
not |
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| 1 | | limited to, such impacts as the ability of manufacturers in | 2 | | Illinois to meet public
demand for related services and | 3 | | products and to compete in the national and regional
| 4 | | economies, improved access of suppliers to regional and | 5 | | national shipping grids, the
ability of the State to access | 6 | | funds made available for energy infrastructure by the | 7 | | federal
government, mitigation of foreseeable spikes in | 8 | | price affecting Illinois residents or
businesses due to | 9 | | sudden changes in supply or transportation capacity, and | 10 | | the likelihood
that the proposed construction will | 11 | | substantially encourage related investment in the
State's | 12 | | energy infrastructure and the creation of energy related | 13 | | jobs; and | 14 | | (9) any evidence presented by any State or federal | 15 | | governmental entity as to how the proposed
pipeline or | 16 | | facility will affect the security, stability, and | 17 | | reliability of energy in the State
or in the region. | 18 | | In its written order, the Commission shall address all of | 19 | | the evidence
presented, and if the order is contrary to any of | 20 | | the evidence, the Commission
shall state the reasons for its | 21 | | determination with regard to that evidence.
The provisions of | 22 | | this amendatory Act of 1996 apply to any certificate granted
or | 23 | | denied after the effective date of
this
amendatory Act
of 1996.
| 24 | | (c) An application filed pursuant to this Section may | 25 | | request that the Commission review and approve (1) a specific | 26 | | route for a pipeline or (2) a project route width that |
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| 1 | | identifies the areas in which the pipeline would be located, | 2 | | with such width ranging from the minimum width required for a | 3 | | pipeline right-of-way up to 500 feet in width. The purpose for | 4 | | allowing the option of review and approval of a project route | 5 | | width is to provide increased flexibility during the | 6 | | construction process to accommodate specific landowner | 7 | | requests, avoid environmentally sensitive areas, or address | 8 | | special environmental permitting requirements. | 9 | | (d) A common carrier by pipeline may request any other | 10 | | approvals as may be needed from the Commission for completion | 11 | | of the pipeline under Article VIII or any other Article of this | 12 | | Act at the same time, and as part of the same application, as | 13 | | its request for a certificate of good standing under this | 14 | | Section. The Commission's rules shall ensure that notice of | 15 | | such a consolidated application is provided within 30 days | 16 | | after filing to the landowners along a proposed project route, | 17 | | or to the potentially affected landowners within a proposed | 18 | | project route width, using the notification procedures set | 19 | | forth in the Commission's rules. If a consolidated application | 20 | | is submitted, then the requests shall be heard on a | 21 | | consolidated basis and a decision on all issues shall be | 22 | | entered within the time frames stated in subsection (e) of this | 23 | | Section. In such a consolidated proceeding, the Commission may | 24 | | consider evidence relating to the same factors identified in | 25 | | items (1) through (9) of subsection (b) of this Section in | 26 | | granting authority under Section 8-503 of this Act. If the |
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| 1 | | Commission grants approval of a project route width as opposed | 2 | | to a specific project route, then the common carrier by | 3 | | pipeline must, as it finalizes the actual pipeline alignment | 4 | | within the project route width, file its final list of affected | 5 | | landowners with the Commission at least 14 days in advance of | 6 | | beginning construction on any tract within the project route | 7 | | width and also provide the Commission with at least 14 days | 8 | | notice before filing a complaint for eminent domain in the | 9 | | circuit court with regard to any tract within the project route | 10 | | width. | 11 | | (e) The Commission shall make its determination on any | 12 | | application filed pursuant to this Section and issue its final | 13 | | order within one year after the date that the application is | 14 | | filed unless an extension is granted as provided in this | 15 | | subsection (e). The Commission may extend the one-year time | 16 | | period for issuing a final order on an application filed | 17 | | pursuant to this Section up to an additional 6 months if it | 18 | | finds, following the filing of initial testimony by the parties | 19 | | to the proceeding, that due to the number of affected | 20 | | landowners and other parties in the proceeding and the | 21 | | complexity of the contested issues before it, additional time | 22 | | is needed to ensure a complete review of the evidence. If an | 23 | | extension is granted, then the schedule for the proceeding | 24 | | shall not be further extended beyond this 6-month period, and | 25 | | the Commission shall issue its final order within the 6-month | 26 | | extension period. The Commission shall also have the power to |
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| 1 | | establish an expedited schedule for making its determination on | 2 | | an application filed pursuant to this Section in less than one | 3 | | year if it finds that the public interest requires the setting | 4 | | of such an expedited schedule. | 5 | | (f) Within 6 months after the Commission's entry of an | 6 | | order approving either a specific
route or a project route | 7 | | width under this Section, the common carrier by pipeline that
| 8 | | receives such order may file supplemental applications for | 9 | | minor route deviations outside
the approved project route | 10 | | width, allowing for additions or changes to the approved
route | 11 | | to address environmental concerns encountered during | 12 | | construction or to
accommodate landowner requests. Notice of a | 13 | | supplemental application shall be
provided to any State agency | 14 | | that appeared in the original proceeding or immediately
| 15 | | affected landowner at the time such supplemental application is | 16 | | filed. The route
deviations shall be approved by the Commission | 17 | | within 45 days, unless a written
objection is filed to the | 18 | | supplemental application within 20 days after the date such
| 19 | | supplemental application is filed. Hearings on any such | 20 | | supplemental application shall
be limited to the | 21 | | reasonableness of the specific variance proposed, and the | 22 | | issues of
public need or public convenience or necessity for | 23 | | the project or fitness of the applicant
shall not be reopened | 24 | | in the supplemental proceeding. | 25 | | (g) The rules of the Commission may include additional | 26 | | options for expediting the issuance of permits and certificates |
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| 1 | | under this Section. Such rules may provide that, in the event | 2 | | that an applicant elects to use an option provided for in such | 3 | | rules: (1) the applicant must request the use of the expedited | 4 | | process at the time of filing its application for a license or | 5 | | permit with the Commission; (2) the Commission may engage | 6 | | experts and procure additional administrative resources that | 7 | | are reasonably necessary for implementing the expedited | 8 | | process; and (3) the applicant must bear any additional costs | 9 | | incurred by the Commission as a result of the applicant's use | 10 | | of such expedited process. | 11 | | (h) (c) Duties and obligations of common carriers by
| 12 | | pipeline. Each common carrier by pipeline shall provide
| 13 | | adequate service to the public at reasonable rates and
without | 14 | | discrimination.
| 15 | | (Source: P.A. 94-793, eff. 5-19-06.)
| 16 | | Section 99. Effective date. This Act takes effect July 1, | 17 | | 2011.
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