Public Act 097-0405
 
HB1703 EnrolledLRB097 10381 ASK 50596 b


  
    AN ACT concerning regulation.
  
 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:
  



 
 
    Section 5. The Public Utilities Act is amended  by changing 
Section 15-401 as follows:
 



    (220 ILCS 5/15-401)



    Sec. 15-401. Licensing. 

    (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

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. 

    (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. 

    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:


        (1) any evidence presented by the Illinois 
    Environmental Protection Agency
regarding the 
    environmental impact of the proposed pipeline or other 
    facility;


        (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;


        (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;


        (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;


        (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;


        (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

    rates, and residential and business development; and


        (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

    participates in the proceeding, including evidence 
    presented by the Commission's staff; .

        (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

    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.

    (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

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

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

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

pipeline. Each common carrier by pipeline shall provide

adequate service to the public at reasonable rates and
without 
discrimination.

(Source: P.A. 94-793, eff. 5-19-06.)

 
 
    Section 99. Effective date. This Act takes effect July 1, 
2011.