Full Text of SB3343 96th General Assembly
SB3343sam001 96TH GENERAL ASSEMBLY
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Sen. James F. Clayborne, Jr.
Filed: 3/2/2010
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LRB096 19284 MJR 37942 a |
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| AMENDMENT TO SENATE BILL 3343
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| AMENDMENT NO. ______. Amend Senate Bill 3343 by replacing | 3 |
| everything after the enacting clause with the following:
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| "Section 5. The Public Utilities Act is amended by changing | 5 |
| 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 | 9 |
| unless the person
possesses a certificate in good standing | 10 |
| 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 | 12 |
| other facility, other than the repair or
replacement of an | 13 |
| existing pipeline or facility, for use
in operations as a | 14 |
| common carrier by pipeline unless the
person possesses a | 15 |
| certificate in good standing.
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| (b) Requirements for issuance. The Commission,
after a |
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| hearing, shall grant an application for a
certificate | 2 |
| authorizing operations as a common carrier by
pipeline, in | 3 |
| whole or in part, to the extent that it
finds that the | 4 |
| application was properly filed; a public
need for the service | 5 |
| exists; the applicant is fit,
willing, and able to provide the | 6 |
| service in compliance
with this Act, Commission regulations, | 7 |
| and orders; and the
public convenience and necessity requires | 8 |
| issuance of the
certificate.
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| In its determination of public convenience and necessity | 10 |
| for a proposed
pipeline or facility designed or intended to | 11 |
| transport crude oil and any
alternate locations for such | 12 |
| proposed pipeline or facility,
the Commission shall consider, | 13 |
| but not be limited to, the following:
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| (1) any evidence presented by the Illinois | 15 |
| Environmental Protection Agency
regarding the | 16 |
| environmental impact of the proposed pipeline or other | 17 |
| facility;
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| (2) any evidence presented by the Illinois Department | 19 |
| of Transportation
regarding the impact of the proposed | 20 |
| pipeline or facility on traffic safety,
road construction, | 21 |
| or other transportation issues;
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| (3) any evidence presented by the Department of Natural | 23 |
| Resources
regarding
the impact of the proposed pipeline or | 24 |
| facility on any conservation areas,
forest preserves, | 25 |
| wildlife preserves, wetlands, or any other natural | 26 |
| resource;
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| (4) any evidence of the effect of the pipeline upon the | 2 |
| economy,
infrastructure, and public safety presented by | 3 |
| local governmental units that
will be
affected by the | 4 |
| proposed pipeline or facility;
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| (5) any evidence of the effect of the pipeline upon | 6 |
| property values
presented by property owners who will be | 7 |
| affected by the
proposed pipeline or facility , provided, | 8 |
| however that the Commission need not hear evidence as to | 9 |
| the actual valuation of property such as that
as would be | 10 |
| presented to and determined by the courts under the Eminent | 11 |
| Domain Act ;
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| (6) any evidence presented by the Department of | 13 |
| Commerce and Economic Opportunity
regarding the current | 14 |
| and future economic effect of the proposed
pipeline or | 15 |
| facility including, but not limited to, property values, | 16 |
| employment
rates, and residential and business | 17 |
| development; and
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| (7) any evidence presented by any other State agency | 19 |
| that
participates in the proceeding .
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| In its written order, the Commission shall address all of | 21 |
| the evidence
presented, and if the order is contrary to any of | 22 |
| the evidence, the Commission
shall state the reasons for its | 23 |
| determination with regard to that evidence.
The provisions of | 24 |
| this amendatory Act of 1996 apply to any certificate granted
or | 25 |
| denied after the effective date of
this
amendatory Act
of 1996.
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| (c) Duties and obligations of common carriers by
pipeline. |
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| Each common carrier by pipeline shall provide
adequate service | 2 |
| 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, | 5 |
| 2010.".
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