Bill Text: IL SB3343 | 2009-2010 | 96th General Assembly | Introduced

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Bill Title: Amends the Public Utilities Act. Provides that the rules of the Illinois Commerce Commission may include specific options for expediting the issuance of those permits and licenses that are necessary for the construction of energy infrastructure, where such construction is subject to the Commission's jurisdiction. Provides that the rules may provide that in the event that an applicant elects to use an option provided for in the rules that (i) 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; (ii) the Commission may engage the experts and procure those additional resources that are reasonably necessary for implementing the expedited process; and (iii) the applicant must bear any additional costs incurred by the Commission as a result of the applicant's use of the expedited process. Provides that a common carrier by pipeline that requests and receives a certificate of good standing that is related to the proposed construction of a pipeline or other facility under specified provisions may enter upon, take, or damage private property in the manner provided for by the law of eminent domain. Changes provisions that provide that in its determination of public convenience and necessity for a proposed pipeline or facility designed or intended to transport crude oil, gas, or ethanol and any alternate locations for such proposed pipeline or facility, the Commission shall consider, but not be limited to, specified factors. Amends the Eminent Domain Act to include provisions from the Public Utilities Act in provisions concerning the express grants of the power to acquire property by condemnation or eminent domain. Effective July 1, 2010.

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2010-06-27 - Senate Floor Amendment No. 2 Re-referred to Assignments; Pursuant to Senate Rule 3-9(b). [SB3343 Detail]

Download: Illinois-2009-SB3343-Introduced.html

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96TH GENERAL ASSEMBLY State of Illinois 2009 and 2010 SB3343 Introduced 2/10/2010, by Sen. James F. Clayborne, Jr. SYNOPSIS AS INTRODUCED:
See Index
Amends the Public Utilities Act. Provides that the rules of the Illinois Commerce Commission may include specific options for expediting the issuance of those permits and licenses that are necessary for the construction of energy infrastructure, where such construction is subject to the Commission's jurisdiction. Provides that the rules may provide that in the event that an applicant elects to use an option provided for in the rules that (i) 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; (ii) the Commission may engage the experts and procure those additional resources that are reasonably necessary for implementing the expedited process; and (iii) the applicant must bear any additional costs incurred by the Commission as a result of the applicant's use of the expedited process. Provides that a common carrier by pipeline that requests and receives a certificate of good standing that is related to the proposed construction of a pipeline or other facility under specified provisions may enter upon, take, or damage private property in the manner provided for by the law of eminent domain. Changes provisions that provide that in its determination of public convenience and necessity for a proposed pipeline or facility designed or intended to transport crude oil, gas, or ethanol and any alternate locations for such proposed pipeline or facility, the Commission shall consider, but not be limited to, specified factors. Amends the Eminent Domain Act to include provisions from the Public Utilities Act in provisions concerning the express grants of the power to acquire property by condemnation or eminent domain. Effective July 1, 2010.
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A BILL FOR
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AN ACT concerning utilities, which may be referred to as
the Energy Infrastructure and Jobs Permitting Law.
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
Sections 8-509 and 15-401 and by adding Section 4-105 as
follows:
(220 ILCS 5/4-105 new)
Sec. 4-105. Options for expedited permitting. The rules of
the Commission may include specific options for expediting the
issuance of those permits and licenses that are necessary for
the construction of energy infrastructure, where such
construction is subject to the Commission's jurisdiction. The
rules may provide that in the event that an applicant elects to
use an option provided for in the rules that (i) 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; (ii) the Commission may engage the experts and
procure those additional resources that are reasonably
necessary for implementing the expedited process; and (iii) the
applicant must bear any additional costs incurred by the
Commission as a result of the applicant's use of the expedited
process.

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(220 ILCS 5/8-509) (from Ch. 111 2/3, par. 8-509)
Sec. 8-509. When necessary for the construction of any
alterations, additions, extensions or improvements ordered or
authorized under Section 8-406, 8-503, or 12-218, or 15-401 of
this Act, any public utility may enter upon, take or damage
private property in the manner provided for by the law of
eminent domain.
This Section applies to the exercise of eminent domain
powers by telephone companies or telecommunications carriers
only when the facilities to be constructed are intended to be
used in whole or in part for providing one or more intrastate
telecommunications services classified as "noncompetitive"
under Section 13-502 in a tariff filed by the condemnor. The
exercise of eminent domain powers by telephone companies or
telecommunications carriers in all other cases shall be
governed solely by "An Act relating to the powers, duties and
property of telephone companies", approved May 16, 1903, as now
or hereafter amended.
(Source: P.A. 86-221.)
(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

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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. As provided in Section 8-509 of
this Act, a common carrier by pipeline that requests and
receives a certificate of good standing that is related to the
proposed construction of a pipeline or other facility under
this Section may enter upon, take, or damage private property
in the manner provided for by the law of eminent domain.
(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 set forth 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, gas, or ethanol 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,

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however 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 in 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

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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.
(b-5) An application filed pursuant to this Section may
request review of a project route width that identifies the
areas in which the pipeline would be located, with the width
ranging from the minimum width required for a pipeline
right-of-way up to 500 feet in width, thus allowing increased
flexibility to accommodate specific landowner requests, avoid
environmentally sensitive areas, or address special
environmental permitting requirements. The applicant must
notify all potentially affected landowners within the defined

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project route width of the application using the notification
procedures set forth in the Commission's rules for applications
under this Section. Upon receiving approval of the project
route width, the common carrier by pipeline must, as it
finalizes the actual pipeline alignment within the route, 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.
(b-10) The Commission shall make its determination on any
application filed pursuant to this Section and issue its final
order within 11 months after the date that the application is
filed unless all parties to the proceeding agree in writing to
a period of greater than 11 months, and provided that any
agreement to extend the 11-month period must be for a specified
period of time, not exceeding 60 days. The parties may enter
into more than one agreement to extend time. In the event the
Commission fails to enter its order within the applicable
11-month period after the filing of the application, or upon
the expiration of the last agreement to extend time, any party
may file a complaint in the circuit court for an emergency
order of mandamus to direct and compel the Commission to enter
its order within 60 days after the expiration of the 11-month
period or within 60 days after the expiration of the last

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agreement to extend time, and the court shall set a schedule to
enable the Commission to complete the case and enter an order
within the 60-day time frame specified in this subsection
(b-10). Summons upon the complaint shall be returnable within 5
days. The complaint for an order of mandamus shall be brought
in the circuit court in which the pipeline is situated or, if
the subject matter of the hearing is situated in more than one
circuit, then in any one of those circuits. Nothing in this
subsection (b-10) shall preclude the Commission from
establishing an expedited schedule for making its
determination on an application filed pursuant to this Section
if it finds that the public interest requires the setting of
such an expedited schedule.
(b-15) 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

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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.
(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 10. The Eminent Domain Act is amended by changing
Section 15-5-25 as follows:
(735 ILCS 30/15-5-25)
Sec. 15-5-25. Eminent domain powers in ILCS Chapters 205
through 430. The following provisions of law may include
express grants of the power to acquire property by condemnation
or eminent domain:
(220 ILCS 5/8-509 and 15-401); Public Utilities Act; public
utilities; for construction of certain improvements.
(220 ILCS 15/1); Gas Storage Act; corporations engaged in the
distribution, transportation, or storage of natural gas or
manufactured gas; for their operations.

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(220 ILCS 15/2 and 15/6); Gas Storage Act; corporations engaged
in the distribution, transportation, or storage of natural
gas or manufactured gas; for use of an underground
geological formation for gas storage.
(220 ILCS 30/13); Electric Supplier Act; electric
cooperatives; for general purposes.
(220 ILCS 55/3); Telegraph Act; telegraph companies; for
telegraph lines.
(220 ILCS 65/4); Telephone Company Act; telecommunications
carriers; for telephone company purposes.
(225 ILCS 435/23); Ferries Act; ferry operators; for a landing,
ferryhouse, or approach.
(225 ILCS 440/9); Highway Advertising Control Act of 1971;
Department of Transportation; for removal of signs
adjacent to highways.
(310 ILCS 5/6 and 5/38); State Housing Act; housing
corporations; for general purposes.
(310 ILCS 10/8.3); Housing Authorities Act; housing
authorities; for general purposes.
(310 ILCS 10/8.15); Housing Authorities Act; housing
authorities; for implementation of conservation plans and
demolition.
(310 ILCS 10/9); Housing Authorities Act; housing authorities;
for general purposes.
(310 ILCS 20/5); Housing Development and Construction Act;
housing authorities; for development or redevelopment.

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(310 ILCS 35/2); House Relocation Act; political subdivisions
and municipal corporations; for relocation of dwellings
for highway construction.
(315 ILCS 5/14); Blighted Areas Redevelopment Act of 1947; land
clearance commissions; for redevelopment projects.
(315 ILCS 10/5); Blighted Vacant Areas Development Act of 1949;
State of Illinois; for housing development.
(315 ILCS 20/9 and 20/42); Neighborhood Redevelopment
Corporation Law; neighborhood redevelopment corporations;
for general purposes.
(315 ILCS 25/4 and 25/6); Urban Community Conservation Act;
municipal conservation boards; for conservation areas.
(315 ILCS 30/12); Urban Renewal Consolidation Act of 1961;
municipal departments of urban renewal; for blighted area
redevelopment projects.
(315 ILCS 30/20 and 30/22); Urban Renewal Consolidation Act of
1961; municipal departments of urban renewal; for
implementing conservation areas.
(315 ILCS 30/24); Urban Renewal Consolidation Act of 1961;
municipal departments of urban renewal; for general
purposes.
(415 ILCS 95/6); Junkyard Act; Department of Transportation;
for junkyards or scrap processing facilities.
(420 ILCS 35/1); Radioactive Waste Storage Act; Illinois
Emergency Management Agency; for radioactive by-product
and waste storage.

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(Source: P.A. 94-1055, eff. 1-1-07.)
Section 99. Effective date. This Act takes effect July 1,
2010.
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INDEX
Statutes amended in order of appearance
220 ILCS 5/4-105 new
220 ILCS 5/8-509 from Ch. 111 2/3, par. 8-509
220 ILCS 5/15-401
735 ILCS 30/15-5-25