Illinois General Assembly - Full Text of SB2169
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Full Text of SB2169  97th General Assembly


Sen. James F. Clayborne, Jr.

Filed: 3/3/2011





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2    AMENDMENT NO. ______. Amend Senate Bill 2169 by replacing
3everything after the enacting clause with the following:
4    "Section 5. The Public Utilities Act is amended by changing
5Section 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
9unless the person possesses a certificate in good standing
10authorizing it to operate as a common carrier by pipeline. No
11person shall begin or continue construction of a pipeline or
12other facility, other than the repair or replacement of an
13existing pipeline or facility, for use in operations as a
14common carrier by pipeline unless the person possesses a
15certificate in good standing.
16    (b) Requirements for issuance. The Commission, after a



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1hearing, shall grant an application for a certificate
2authorizing operations as a common carrier by pipeline, in
3whole or in part, to the extent that it finds that the
4application was properly filed; a public need for the service
5exists; the applicant is fit, willing, and able to provide the
6service in compliance with this Act, Commission regulations,
7and orders; and the public convenience and necessity requires
8issuance of the certificate. Evidence encompassing any of the
9factors described in items (1) through (9) of this subsection
10(b) that is submitted by the applicant, any other party, or the
11Commission's staff shall also be considered by the Commission
12in determining whether a public need for the service exists
13under either current or expected conditions. The changes in
14this subsection (b) are intended to be confirmatory of existing
16    In its determination of public convenience and necessity
17for a proposed pipeline or facility designed or intended to
18transport crude oil and any alternate locations for such
19proposed pipeline or facility, the Commission shall consider,
20but 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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1the evidence presented, and if the order is contrary to any of
2the evidence, the Commission shall state the reasons for its
3determination with regard to that evidence. The provisions of
4this amendatory Act of 1996 apply to any certificate granted or
5denied after the effective date of this amendatory Act of 1996.
6    (c) An application filed pursuant to this Section may
7request either that the Commission review and approve a
8specific route for a pipeline, or that the Commission review
9and approve a project route width that identifies the areas in
10which the pipeline would be located, with such width ranging
11from the minimum width required for a pipeline right-of-way up
12to 500 feet in width. The purpose for allowing the option of
13review and approval of a project route width is to provide
14increased flexibility during the construction process to
15accommodate specific landowner requests, avoid environmentally
16sensitive areas, or address special environmental permitting
18    (d) A common carrier by pipeline may request any other
19approvals as may be needed from the Commission for completion
20of the pipeline under Article VIII or any other Article or
21Section of this Act at the same time, and as part of the same
22application, as its request for a certificate of good standing
23under this Section. The Commission's rules shall ensure that
24notice of such a consolidated application is provided within 30
25days after filing to the landowners along a proposed project
26route, or to the potentially affected landowners within a



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1proposed project route width, using the notification
2procedures set forth in the Commission's rules. If a
3consolidated application is submitted, then the requests shall
4be heard on a consolidated basis and a decision on all issues
5shall be entered within the time frames stated in subsection
6(e) of this Section. In such a consolidated proceeding, the
7Commission may consider evidence relating to the same factors
8identified in items (1) through (9) of subsection (b) of this
9Section in granting authority under Section 8-503 of this Act.
10If the Commission grants approval of a project route width as
11opposed to a specific project route, then the common carrier by
12pipeline must, as it finalizes the actual pipeline alignment
13within the project route width, file its final list of affected
14landowners with the Commission at least 14 days in advance of
15beginning construction on any tract within the project route
16width and also provide the Commission with at least 14 days
17notice before filing a complaint for eminent domain in the
18circuit court with regard to any tract within the project route
20    (e) The Commission shall make its determination on any
21application filed pursuant to this Section and issue its final
22order within one year after the date that the application is
23filed unless an extension is granted as provided in this
24subsection (e). The Commission may extend the one-year time
25period for issuing a final order on an application filed
26pursuant to this Section up to an additional 6 months if it



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1finds, following the filing of initial testimony by the parties
2to the proceeding, that due to the number of affected
3landowners and other parties in the proceeding and the
4complexity of the contested issues before it, additional time
5is needed to ensure a complete review of the evidence. If an
6extension is granted, then the schedule for the proceeding
7shall not be further extended beyond this 6-month period, and
8the Commission shall issue its final order within the 6-month
9extension period. The Commission shall also have the power to
10establish an expedited schedule for making its determination on
11an application filed pursuant to this Section in less than one
12year if it finds that the public interest requires the setting
13of such an expedited schedule.
14    (f) Within 6 months after the Commission's entry of an
15order approving either a specific route or a project route
16width under this Section, the common carrier by pipeline that
17receives such order may file supplemental applications for
18minor route deviations outside the approved project route
19width, allowing for additions or changes to the approved route
20to address environmental concerns encountered during
21construction or to accommodate landowner requests. Notice of a
22supplemental application shall be provided to any State agency
23that appeared in the original proceeding or immediately
24affected landowner at the time such supplemental application is
25filed. The route deviations shall be approved by the Commission
26within 45 days, unless a written objection is filed to the



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1supplemental application within 20 days after the date such
2supplemental application is filed. Hearings on any such
3supplemental application shall be limited to the
4reasonableness of the specific variance proposed, and the
5issues of public need or public convenience or necessity for
6the project or fitness of the applicant shall not be reopened
7in the supplemental proceeding.
8    (g) The rules of the Commission may include additional
9options for expediting the issuance of permits and certificates
10under this Section. Such rules may provide that, in the event
11that an applicant elects to use an option provided for in such
12rules; (1) the applicant must request the use of the expedited
13process at the time of filing its application for a license or
14permit with the Commission; (2) the Commission may engage
15experts and procure additional administrative resources that
16are reasonably necessary for implementing the expedited
17process; and (3) the applicant must bear any additional costs
18incurred by the Commission as a result of the applicant's use
19of such expedited process.
20    (h) (c) Duties and obligations of common carriers by
21pipeline. Each common carrier by pipeline shall provide
22adequate service to the public at reasonable rates and without
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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