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| [ Introduced ] | [ Senate Amendment 001 ] |
90_SB0934eng
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.
LRB9003368JSgc
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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 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
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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
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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
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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.)