State of Illinois
90th General Assembly

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[ Introduced ][ Senate Amendment 001 ]


      220 ILCS 5/15-401
          Amends the Public  Utilities  Act.   Replaces  the  words
      "effective  date  of  this  amendatory  Act of 1996" with the
      actual date.
SB934 Engrossed                                LRB9003368JSgc
 1        AN ACT to amend the  Public  Utilities  Act  by  changing
 2    Section 15-401.
 3        Be  it  enacted  by  the People of the State of Illinois,
 4    represented in the General Assembly:
 5        Section  5.  The  Public  Utilities  Act  is  amended  by
 6    changing Section 15-401 as follows:
 7        (220 ILCS 5/15-401)
 8        Sec. 15-401.  Licensing.
 9        (a)  No person shall  operate  as  a  common  carrier  by
10    pipeline  unless  the  person possesses a certificate in good
11    standing authorizing it to operate as  a  common  carrier  by
12    pipeline.   No person shall begin or continue construction of
13    a pipeline or  other  facility,  other  than  the  repair  or
14    replacement  of  an existing pipeline or facility, for use in
15    operations as a common carrier by pipeline unless the  person
16    possesses a certificate in good standing.
17        (b)  Requirements  for issuance.  The Commission, after a
18    hearing,  shall  grant  an  application  for  a   certificate
19    authorizing  operations  as  a common carrier by pipeline, in
20    whole or in part, to  the  extent  that  it  finds  that  the
21    application was properly filed; a public need for the service
22    exists;  the  applicant  is fit, willing, and able to provide
23    the  service  in  compliance  with   this   Act,   Commission
24    regulations,  and  orders;  and  the  public  convenience and
25    necessity requires issuance of the certificate.
26        The  Commission   shall   determine   that   the   public
27    convenience   and   necessity  requires  the  issuance  of  a
28    certificate for a common carrier by  pipeline  that  will  be
29    transporting   crude   oil   only   if   the  common  carrier
30    demonstrates that:
31             (1)  the  proposed  construction  is  necessary   to
SB934 Engrossed             -2-                LRB9003368JSgc
 1        provide  adequate,  reliable, safe, and efficient service
 2        to the general public  including,  but  not  limited  to,
 3        customers  and  citizen  consumers  of  the  product  and
 4        by-products  being  transported  for  purposes of end use
 5        consumption;
 6             (2)  the proposed pipeline will be  constructed  and
 7        operated   in   conformance  with  the  safety  standards
 8        required   by   the   United   States    Department    of
 9        Transportation, Office of Pipeline Safety;
10             (3)  the  common  carrier  is capable of efficiently
11        and safely  managing  and  supervising  the  construction
12        process  and  the operations of the proposed pipeline and
13        has taken sufficient action to ensure adequate, safe, and
14        efficient construction, supervision, and operation of the
15        pipeline;
16             (4)  the common carrier  is  capable  of  financing,
17        constructing,   and  operating  the  proposed  crude  oil
18        pipeline  without  significant   adverse   financial   or
19        environmental  impact  on  the  landowners  and residents
20        along the proposed route of the pipeline;
21             (5)  the   common   carrier   has    performed    an
22        environmental  impact  assessment  regarding the proposed
23        crude oil pipeline and will  construct  and  operate  the
24        pipeline  in  a  manner  that  conforms  to  all existing
25        environmental laws and regulations and will minimize  the
26        pipeline's impact upon the environment; and
27             (6)  the  facility  will be constructed and operated
28        in a manner  that  will  protect  the  interests  of  the
29        landowners  on whose property the pipeline is located and
30        of  the  citizens  that  are  impacted  by  the  proposed
31        pipeline.
32        In its determination of public convenience and  necessity
33    for  a  proposed pipeline or facility designed or intended to
34    transport crude oil and  any  alternate  locations  for  such
SB934 Engrossed             -3-                LRB9003368JSgc
 1    proposed pipeline or facility, the Commission shall consider,
 2    but not be limited to, the following:
 3             (1)  any   evidence   presented   by   the  Illinois
 4        Environmental    Protection    Agency    regarding    the
 5        environmental impact of the proposed  pipeline  or  other
 6        facility;
 7             (2)  any   evidence   presented   by   the  Illinois
 8        Department of Transportation regarding the impact of  the
 9        proposed  pipeline  or  facility  on traffic safety, road
10        construction, or other transportation issues;
11             (3)  any evidence presented  by  the  Department  of
12        Natural  Resources  regarding  the impact of the proposed
13        pipeline or facility on any  conservation  areas,  forest
14        preserves,  wildlife  preserves,  wetlands,  or any other
15        natural resource;
16             (4)  any evidence of the effect of the pipeline upon
17        the economy, infrastructure, and public safety  presented
18        by  local governmental units that will be affected by the
19        proposed pipeline or facility;
20             (5)  any evidence of the effect of the pipeline upon
21        property values presented by property owners who will  be
22        affected by the proposed pipeline or facility;
23             (6)  any  evidence  presented  by  the Department of
24        Commerce and Community Affairs regarding the current  and
25        future  economic  effect  of  the  proposed  pipeline  or
26        facility  including, but not limited to, property values,
27        employment   rates,   and   residential   and    business
28        development; and
29             (7)  any  evidence  presented  by  any  other  State
30        agency that participates in the proceeding.
31        In its written order, the Commission shall address all of
32    the  evidence  presented, and if the order is contrary to any
33    of the evidence, the Commission shall state the  reasons  for
34    its   determination   with   regard  to  that  evidence.  The
SB934 Engrossed             -4-                LRB9003368JSgc
 1    provisions of this  amendatory  Act  of  1996  apply  to  any
 2    certificate  granted  or  denied after July 30, the effective
 3    date of this amendatory Act of 1996.
 4        (c)  Duties  and  obligations  of  common   carriers   by
 5    pipeline.  Each  common  carrier  by  pipeline  shall provide
 6    adequate service  to  the  public  at  reasonable  rates  and
 7    without discrimination.
 8    (Source: P.A. 89-42, eff. 1-1-96; 89-573, eff. 7-30-96.)

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