Full Text of SB2169 97th General Assembly
SB2169sam001 97TH GENERAL ASSEMBLY | Sen. James F. Clayborne, Jr. Filed: 3/3/2011
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| 1 | | AMENDMENT TO SENATE BILL 2169
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 2169 by replacing | 3 | | everything after the enacting clause with the following:
| 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 |
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| 1 | | hearing, shall grant an application for a
certificate | 2 | | authorizing operations as a common carrier by
pipeline, in | 3 | | whole or in part, to the extent that it
finds that the | 4 | | application was properly filed; a public
need for the service | 5 | | exists; the applicant is fit,
willing, and able to provide the | 6 | | service in compliance
with this Act, Commission regulations, | 7 | | and orders; and the
public convenience and necessity requires | 8 | | issuance of the
certificate. Evidence encompassing
any of the | 9 | | factors described in items (1) through (9) of this subsection | 10 | | (b) that is
submitted by the applicant, any other party, or the | 11 | | Commission's staff shall also be
considered by the Commission | 12 | | in determining whether a public need for the service
exists | 13 | | under either current or expected conditions. The changes in | 14 | | this subsection (b) are
intended to be confirmatory of existing | 15 | | law.
| 16 | | 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:
| 21 | | (1) any evidence presented by the Illinois | 22 | | Environmental Protection Agency
regarding the | 23 | | environmental impact of the proposed pipeline or other | 24 | | facility;
| 25 | | (2) any evidence presented by the Illinois Department | 26 | | of Transportation
regarding the impact of the proposed |
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| 1 | | pipeline or facility on traffic safety,
road construction, | 2 | | or other transportation issues;
| 3 | | (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;
| 8 | | (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;
| 12 | | (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 ;
| 18 | | (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
| 23 | | rates, and residential and business development; and
| 24 | | (7) any evidence addressing the factors described in | 25 | | items (1) through (9) of this subsection (b) or other | 26 | | relevant factors that is presented by any other State |
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| 1 | | agency , the applicant, a party, or other entity that
| 2 | | participates in the proceeding , including evidence | 3 | | presented by the Commission's staff; .
| 4 | | (8) any evidence presented by a State agency or unit of | 5 | | State or local government as to the
current and future | 6 | | national, State-wide, or regional economic effects of the | 7 | | proposed
pipeline, direct or indirect, as they affect | 8 | | residents or businesses in Illinois, including, but
not | 9 | | limited to, such impacts as the ability of manufacturers in | 10 | | Illinois to meet public
demand for related services and | 11 | | products and to compete in the national and regional
| 12 | | economies, improved access of suppliers to regional and | 13 | | national shipping grids, the
ability of the State to access | 14 | | funds made available for energy infrastructure by the | 15 | | federal
government, mitigation of foreseeable spikes in | 16 | | price affecting Illinois residents or
businesses due to | 17 | | sudden changes in supply or transportation capacity, and | 18 | | the likelihood
that the proposed construction will | 19 | | substantially encourage related investment in the
State's | 20 | | energy infrastructure and the creation of energy related | 21 | | jobs; and | 22 | | (9) any evidence presented by any State or federal | 23 | | governmental entity as to how the proposed
pipeline or | 24 | | facility will affect the security, stability, and | 25 | | reliability of energy in the State
or in the region. | 26 | | In its written order, the Commission shall address all of |
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| 1 | | the evidence
presented, and if the order is contrary to any of | 2 | | the evidence, the Commission
shall state the reasons for its | 3 | | determination with regard to that evidence.
The provisions of | 4 | | this amendatory Act of 1996 apply to any certificate granted
or | 5 | | denied after the effective date of
this
amendatory Act
of 1996.
| 6 | | (c) An application filed pursuant to this Section may | 7 | | request either that the Commission review and approve a | 8 | | specific route for a pipeline, or that the Commission review | 9 | | and approve a project route width that identifies the areas in | 10 | | which the pipeline would be located, with such width ranging | 11 | | from the minimum width required for a pipeline right-of-way up | 12 | | to 500 feet in width. The purpose for allowing the option of | 13 | | review and approval of a project route width is to provide | 14 | | increased flexibility during the construction process to | 15 | | accommodate specific landowner requests, avoid environmentally | 16 | | sensitive areas, or address special environmental permitting | 17 | | requirements. | 18 | | (d) A common carrier by pipeline may request any other | 19 | | approvals as may be needed from the Commission for completion | 20 | | of the pipeline under Article VIII or any other Article or | 21 | | Section of this Act at the same time, and as part of the same | 22 | | application, as its request for a certificate of good standing | 23 | | under this Section. The Commission's rules shall ensure that | 24 | | notice of such a consolidated application is provided within 30 | 25 | | days after filing to the landowners along a proposed project | 26 | | route, or to the potentially affected landowners within a |
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| 1 | | proposed project route width, using the notification | 2 | | procedures set forth in the Commission's rules. If a | 3 | | consolidated application is submitted, then the requests shall | 4 | | be heard on a consolidated basis and a decision on all issues | 5 | | shall be entered within the time frames stated in subsection | 6 | | (e) of this Section. In such a consolidated proceeding, the | 7 | | Commission may consider evidence relating to the same factors | 8 | | identified in items (1) through (9) of subsection (b) of this | 9 | | Section in granting authority under Section 8-503 of this Act. | 10 | | If the Commission grants approval of a project route width as | 11 | | opposed to a specific project route, then the common carrier by | 12 | | pipeline must, as it finalizes the actual pipeline alignment | 13 | | within the project route width, file its final list of affected | 14 | | landowners with the Commission at least 14 days in advance of | 15 | | beginning construction on any tract within the project route | 16 | | width and also provide the Commission with at least 14 days | 17 | | notice before filing a complaint for eminent domain in the | 18 | | circuit court with regard to any tract within the project route | 19 | | width. | 20 | | (e) The Commission shall make its determination on any | 21 | | application filed pursuant to this Section and issue its final | 22 | | order within one year after the date that the application is | 23 | | filed unless an extension is granted as provided in this | 24 | | subsection (e). The Commission may extend the one-year time | 25 | | period for issuing a final order on an application filed | 26 | | pursuant to this Section up to an additional 6 months if it |
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| 1 | | finds, following the filing of initial testimony by the parties | 2 | | to the proceeding, that due to the number of affected | 3 | | landowners and other parties in the proceeding and the | 4 | | complexity of the contested issues before it, additional time | 5 | | is needed to ensure a complete review of the evidence. If an | 6 | | extension is granted, then the schedule for the proceeding | 7 | | shall not be further extended beyond this 6-month period, and | 8 | | the Commission shall issue its final order within the 6-month | 9 | | extension period. The Commission shall also have the power to | 10 | | establish an expedited schedule for making its determination on | 11 | | an application filed pursuant to this Section in less than one | 12 | | year if it finds that the public interest requires the setting | 13 | | of such an expedited schedule. | 14 | | (f) Within 6 months after the Commission's entry of an | 15 | | order approving either a specific
route or a project route | 16 | | width under this Section, the common carrier by pipeline that
| 17 | | receives such order may file supplemental applications for | 18 | | minor route deviations outside
the approved project route | 19 | | width, allowing for additions or changes to the approved
route | 20 | | to address environmental concerns encountered during | 21 | | construction or to
accommodate landowner requests. Notice of a | 22 | | supplemental application shall be
provided to any State agency | 23 | | that appeared in the original proceeding or immediately
| 24 | | affected landowner at the time such supplemental application is | 25 | | filed. The route
deviations shall be approved by the Commission | 26 | | within 45 days, unless a written
objection is filed to the |
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| 1 | | supplemental application within 20 days after the date such
| 2 | | supplemental application is filed. Hearings on any such | 3 | | supplemental application shall
be limited to the | 4 | | reasonableness of the specific variance proposed, and the | 5 | | issues of
public need or public convenience or necessity for | 6 | | the project or fitness of the applicant
shall not be reopened | 7 | | in the supplemental proceeding. | 8 | | (g) The rules of the Commission may include additional | 9 | | options for expediting the issuance of permits and certificates | 10 | | under this Section. Such rules may provide that, in the event | 11 | | that an applicant elects to use an option provided for in such | 12 | | rules; (1) the applicant must request the use of the expedited | 13 | | process at the time of filing its application for a license or | 14 | | permit with the Commission; (2) the Commission may engage | 15 | | experts and procure additional administrative resources that | 16 | | are reasonably necessary for implementing the expedited | 17 | | process; and (3) the applicant must bear any additional costs | 18 | | incurred by the Commission as a result of the applicant's use | 19 | | of such expedited process. | 20 | | (h) (c) Duties and obligations of common carriers by
| 21 | | pipeline. Each common carrier by pipeline shall provide
| 22 | | adequate service to the public at reasonable rates and
without | 23 | | discrimination.
| 24 | | (Source: P.A. 94-793, eff. 5-19-06.)
| 25 | | Section 99. Effective date. This Act takes effect July 1, |
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| 1 | | 2011.".
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