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| [ Engrossed ] | [ Senate Amendment 001 ] |
90_SB0934
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.
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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 In its determination of public convenience and necessity
27 for a proposed pipeline or facility designed or intended to
28 transport crude oil and any alternate locations for such
29 proposed pipeline or facility, the Commission shall consider,
30 but not be limited to, the following:
31 (1) any evidence presented by the Illinois
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1 Environmental Protection Agency regarding the
2 environmental impact of the proposed pipeline or other
3 facility;
4 (2) any evidence presented by the Illinois
5 Department of Transportation regarding the impact of the
6 proposed pipeline or facility on traffic safety, road
7 construction, or other transportation issues;
8 (3) any evidence presented by the Department of
9 Natural Resources regarding the impact of the proposed
10 pipeline or facility on any conservation areas, forest
11 preserves, wildlife preserves, wetlands, or any other
12 natural resource;
13 (4) any evidence of the effect of the pipeline upon
14 the economy, infrastructure, and public safety presented
15 by local governmental units that will be affected by the
16 proposed pipeline or facility;
17 (5) any evidence of the effect of the pipeline upon
18 property values presented by property owners who will be
19 affected by the proposed pipeline or facility;
20 (6) any evidence presented by the Department of
21 Commerce and Community Affairs regarding the current and
22 future economic effect of the proposed pipeline or
23 facility including, but not limited to, property values,
24 employment rates, and residential and business
25 development; and
26 (7) any evidence presented by any other State
27 agency that participates in the proceeding.
28 In its written order, the Commission shall address all of
29 the evidence presented, and if the order is contrary to any
30 of the evidence, the Commission shall state the reasons for
31 its determination with regard to that evidence. The
32 provisions of this amendatory Act of 1996 apply to any
33 certificate granted or denied after July 30, the effective
34 date of this amendatory Act of 1996.
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1 (c) Duties and obligations of common carriers by
2 pipeline. Each common carrier by pipeline shall provide
3 adequate service to the public at reasonable rates and
4 without discrimination.
5 (Source: P.A. 89-42, eff. 1-1-96; 89-573, eff. 7-30-96.)