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| Public Act 097-0405 | ||||
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AN ACT concerning regulation.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Public Utilities Act is amended by changing | ||||
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 | ||||
unless the person
possesses a certificate in good standing | ||||
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 | ||||
other facility, other than the repair or
replacement of an | ||||
existing pipeline or facility, for use
in operations as a | ||||
common carrier by pipeline unless the
person possesses a | ||||
certificate in good standing.
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(b) Requirements for issuance. The Commission,
after a | ||||
hearing, shall grant an application for a
certificate | ||||
authorizing operations as a common carrier by
pipeline, in | ||||
whole or in part, to the extent that it
finds that the | ||||
application was properly filed; a public
need for the service | ||||
exists; the applicant is fit,
willing, and able to provide the | ||||
service in compliance
with this Act, Commission regulations, | ||||
and orders; and the
public convenience and necessity requires | ||||
issuance of the
certificate. Evidence encompassing
any of the | ||
factors described in items (1) through (9) of this subsection | ||
(b) that is
submitted by the applicant, any other party, or the | ||
Commission's staff shall also be
considered by the Commission | ||
in determining whether a public need for the service
exists | ||
under either current or expected conditions. The changes in | ||
this subsection (b) are
intended to be confirmatory of existing | ||
law.
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In its determination of public convenience and necessity | ||
for a proposed
pipeline or facility designed or intended to | ||
transport crude oil and any
alternate locations for such | ||
proposed pipeline or facility,
the Commission shall consider, | ||
but not be limited to, the following:
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(1) any evidence presented by the Illinois | ||
Environmental Protection Agency
regarding the | ||
environmental impact of the proposed pipeline or other | ||
facility;
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(2) any evidence presented by the Illinois Department | ||
of Transportation
regarding the impact of the proposed | ||
pipeline or facility on traffic safety,
road construction, | ||
or other transportation issues;
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(3) any evidence presented by the Department of Natural | ||
Resources
regarding
the impact of the proposed pipeline or | ||
facility on any conservation areas,
forest preserves, | ||
wildlife preserves, wetlands, or any other natural | ||
resource;
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(4) any evidence of the effect of the pipeline upon the | ||
economy,
infrastructure, and public safety presented by | ||
local governmental units that
will be
affected by the | ||
proposed pipeline or facility;
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(5) any evidence of the effect of the pipeline upon | ||
property values
presented by property owners who will be | ||
affected by the
proposed pipeline or facility, provided | ||
that the Commission need not hear evidence as to the actual | ||
valuation of property such as that
as would be presented to | ||
and determined by the courts under the Eminent Domain Act;
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(6) any evidence presented by the Department of | ||
Commerce and Economic Opportunity
regarding the current | ||
and future local, State-wide, or regional economic effect, | ||
direct or indirect, of the proposed
pipeline or facility | ||
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 described in | ||
items (1) through (9) of this subsection (b) or other | ||
relevant factors that is presented by any other State | ||
agency, the applicant, a party, or other entity that
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participates in the proceeding, including evidence | ||
presented by the Commission's staff; .
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(8) any evidence presented by a State agency or unit of | ||
State or local government as to the
current and future | ||
national, State-wide, or regional economic effects of the | ||
proposed
pipeline, direct or indirect, as they affect | ||
residents or businesses in Illinois, including, but
not | ||
limited to, such impacts as the ability of manufacturers in | ||
Illinois to meet public
demand for related services and | ||
products and to compete in the national and regional
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economies, improved access of suppliers to regional and | ||
national shipping grids, the
ability of the State to access | ||
funds made available for energy infrastructure by the | ||
federal
government, mitigation of foreseeable spikes in | ||
price affecting Illinois residents or
businesses due to | ||
sudden changes in supply or transportation capacity, and | ||
the likelihood
that the proposed construction will | ||
substantially encourage related investment in the
State's | ||
energy infrastructure and the creation of energy related | ||
jobs; and | ||
(9) any evidence presented by any State or federal | ||
governmental entity as to how the proposed
pipeline or | ||
facility will affect the security, stability, and | ||
reliability of energy in the State
or in the region. | ||
In its written order, the Commission shall address all of | ||
the evidence
presented, and if the order is contrary to any of | ||
the evidence, the Commission
shall state the reasons for its | ||
determination with regard to that evidence.
The provisions of | ||
this amendatory Act of 1996 apply to any certificate granted
or | ||
denied after the effective date of
this
amendatory Act
of 1996.
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(c) An application filed pursuant to this Section may | ||
request either that the Commission review and approve a | ||
specific route for a pipeline, or that the Commission review | ||
and approve a project route width that identifies the areas in | ||
which the pipeline would be located, with such width ranging | ||
from the minimum width required for a pipeline right-of-way up | ||
to 500 feet in width. The purpose for allowing the option of | ||
review and approval of a project route width is to provide | ||
increased flexibility during the construction process to | ||
accommodate specific landowner requests, avoid environmentally | ||
sensitive areas, or address special environmental permitting | ||
requirements. | ||
(d) A common carrier by pipeline may request any other | ||
approvals as may be needed from the Commission for completion | ||
of the pipeline under Article VIII or any other Article or | ||
Section of this Act at the same time, and as part of the same | ||
application, as its request for a certificate of good standing | ||
under this Section. The Commission's rules shall ensure that | ||
notice of such a consolidated application is provided within 30 | ||
days after filing to the landowners along a proposed project | ||
route, or to the potentially affected landowners within a | ||
proposed project route width, using the notification | ||
procedures set forth in the Commission's rules. If a | ||
consolidated application is submitted, then the requests shall | ||
be heard on a consolidated basis and a decision on all issues | ||
shall be entered within the time frames stated in subsection | ||
(e) of this Section. In such a consolidated proceeding, the | ||
Commission may consider evidence relating to the same factors | ||
identified in items (1) through (9) of subsection (b) of this | ||
Section in granting authority under Section 8-503 of this Act. | ||
If the Commission grants approval of a project route width as | ||
opposed to a specific project route, then the common carrier by | ||
pipeline must, as it finalizes the actual pipeline alignment | ||
within the project route width, file its final list of affected | ||
landowners with the Commission at least 14 days in advance of | ||
beginning construction on any tract within the project route | ||
width and also provide the Commission with at least 14 days | ||
notice before filing a complaint for eminent domain in the | ||
circuit court with regard to any tract within the project route | ||
width. | ||
(e) The Commission shall make its determination on any | ||
application filed pursuant to this Section and issue its final | ||
order within one year after the date that the application is | ||
filed unless an extension is granted as provided in this | ||
subsection (e). The Commission may extend the one-year time | ||
period for issuing a final order on an application filed | ||
pursuant to this Section up to an additional 6 months if it | ||
finds, following the filing of initial testimony by the parties | ||
to the proceeding, that due to the number of affected | ||
landowners and other parties in the proceeding and the | ||
complexity of the contested issues before it, additional time | ||
is needed to ensure a complete review of the evidence. If an | ||
extension is granted, then the schedule for the proceeding | ||
shall not be further extended beyond this 6-month period, and | ||
the Commission shall issue its final order within the 6-month | ||
extension period. The Commission shall also have the power to | ||
establish an expedited schedule for making its determination on | ||
an application filed pursuant to this Section in less than one | ||
year if it finds that the public interest requires the setting | ||
of such an expedited schedule. | ||
(f) Within 6 months after the Commission's entry of an | ||
order approving either a specific
route or a project route | ||
width under this Section, the common carrier by pipeline that
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receives such order may file supplemental applications for | ||
minor route deviations outside
the approved project route | ||
width, allowing for additions or changes to the approved
route | ||
to address environmental concerns encountered during | ||
construction or to
accommodate landowner requests. Notice of a | ||
supplemental application shall be
provided to any State agency | ||
that appeared in the original proceeding or immediately
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affected landowner at the time such supplemental application is | ||
filed. The route
deviations shall be approved by the Commission | ||
within 45 days, unless a written
objection is filed to the | ||
supplemental application within 20 days after the date such
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supplemental application is filed. Hearings on any such | ||
supplemental application shall
be limited to the | ||
reasonableness of the specific variance proposed, and the | ||
issues of
public need or public convenience or necessity for | ||
the project or fitness of the applicant
shall not be reopened | ||
in the supplemental proceeding. | ||
(g) The rules of the Commission may include additional | ||
options for expediting the issuance of permits and certificates | ||
under this Section. Such rules may provide that, in the event | ||
that an applicant elects to use an option provided for in such | ||
rules; (1) the applicant must request the use of the expedited | ||
process at the time of filing its application for a license or | ||
permit with the Commission; (2) the Commission may engage | ||
experts and procure additional administrative resources that | ||
are reasonably necessary for implementing the expedited | ||
process; and (3) the applicant must bear any additional costs | ||
incurred by the Commission as a result of the applicant's use | ||
of such expedited process. | ||
(h) (c) Duties and obligations of common carriers by
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pipeline. Each common carrier by pipeline shall provide
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adequate service 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, | ||
2011.
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