Illinois General Assembly - Bill Status for SB1438
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 Bill Status of SB1438  103rd General Assembly


Short Description:  ILLINOIS DIG ONCE ACT

Senate Sponsors
Sen. Rachel Ventura - David Koehler - Christopher Belt, Terri Bryant, Robert F. Martwick and Willie Preston

House Sponsors
(Rep. Jay Hoffman and Norine K. Hammond)

Last Action
DateChamber Action
  7/28/2023SenatePublic Act . . . . . . . . . 103-0378

Statutes Amended In Order of Appearance
New Act


Synopsis As Introduced
Creates the Illinois Dig Once Act. Provides that the Department of Transportation, the Illinois State Toll Highway Authority, and the Department of Commerce and Economic Opportunity shall jointly develop a policy to reduce the scale and number of repeated excavations related to roads, highways, tollways, and expressways for the installation and maintenance of broadband infrastructure and public utilities in rights of way. Provides that the Department of Transportation, the Illinois State Toll Highway Authority, and the Department of Commerce and Economic Opportunity shall jointly develop rules to implement the Act.

Senate Floor Amendment No. 1
Adds reference to:
30 ILCS 605/7.2from Ch. 127, par. 133b10.2

Replaces everything after the enacting clause with provisions of the introduced bill, and makes the following changes: Removes language concerning: (1) the costs and trenching and installing broadband infrastructure; and (2) rules ensuring that existing broadband infrastructure and underground utility facilities are not disadvantaged. Provides that the Department of Transportation, the Illinois State Toll Highway Authority, the Illinois Commerce Commission, and the Department of Commerce and Economic Opportunity shall consult with the State-Wide One-Call Notice System to jointly develop rules for the design and construction of road, highway, tollway, and expressway projects to reduce the need for the relocation of public water and wastewater infrastructure and to promote the deployment (rather than reduce the scale and number of repeated excavations of roads, highways, tollways, and expressways for the installation and maintenance) of broadband infrastructure and underground utility facilities in an efficient and competitively neutral process for all road, highway, tollway, and expressway projects. Provides that the rules adopted under the Act are not intended to delay the design or construction of road, highway, tollway, and expressway construction projects, and shall not be construed to provide authority to approve, deny, or delay broadband infrastructure projects or underground utility facilities projects. Amends the State Property Control Act. In provisions allowing the Director of the Department of Central Management Services to grant easements to public utilities, provides that a public utility includes a company that provides broadband Internet service, cable service, video service, or Voice Over Internet Protocol service. Makes a conforming change.

Senate Floor Amendment No. 2
Provides that, whenever a public utility makes an application for a grant or easement in, over, or upon real property of the State for purposes of locating and maintaining such utility, or such utility's wire, pipe, cable, fiber conduit, or other facility or equipment (rather than only such utility's wire, pipe, cable, fiber conduit, or other facility or equipment), the Administrator, with the consent of the agency having jurisdiction over the real property, may grant such an easement.

Actions 
DateChamber Action
  2/7/2023SenateFiled with Secretary by Sen. Rachel Ventura
  2/7/2023SenateFirst Reading
  2/7/2023SenateReferred to Assignments
  2/14/2023SenateAssigned to Energy and Public Utilities
  2/16/2023SenateAdded as Co-Sponsor Sen. Terri Bryant
  2/16/2023SenateAdded as Co-Sponsor Sen. Robert F. Martwick
  2/17/2023SenateAdded as Chief Co-Sponsor Sen. David Koehler
  2/22/2023SenateAdded as Chief Co-Sponsor Sen. Christopher Belt
  2/23/2023SenateDo Pass Energy and Public Utilities; 017-000-000
  2/23/2023SenatePlaced on Calendar Order of 2nd Reading March 7, 2023
  2/23/2023SenateAdded as Co-Sponsor Sen. Willie Preston
  3/24/2023SenateSecond Reading
  3/24/2023SenatePlaced on Calendar Order of 3rd Reading March 28, 2023
  3/24/2023SenateSenate Floor Amendment No. 1 Filed with Secretary by Sen. Rachel Ventura
  3/24/2023SenateSenate Floor Amendment No. 1 Referred to Assignments
  3/28/2023SenateSenate Floor Amendment No. 1 Assignments Refers to Energy and Public Utilities
  3/29/2023SenateSenate Floor Amendment No. 2 Filed with Secretary by Sen. Rachel Ventura
  3/29/2023SenateSenate Floor Amendment No. 2 Referred to Assignments
  3/30/2023SenateSenate Floor Amendment No. 1 Recommend Do Adopt Energy and Public Utilities; 015-000-000
  3/30/2023SenateSenate Floor Amendment No. 2 Be Approved for Consideration Assignments
  3/31/2023SenateRecalled to Second Reading
  3/31/2023SenateSenate Floor Amendment No. 1 Adopted; Ventura
  3/31/2023SenateSenate Floor Amendment No. 2 Adopted; Ventura
  3/31/2023SenatePlaced on Calendar Order of 3rd Reading
  3/31/2023SenateThird Reading - Passed; 054-000-000
  3/31/2023HouseArrived in House
  3/31/2023HouseChief House Sponsor Rep. Jay Hoffman
  4/11/2023HouseFirst Reading
  4/11/2023HouseReferred to Rules Committee
  4/18/2023HouseAssigned to Public Utilities Committee
  4/25/2023HouseDo Pass / Short Debate Public Utilities Committee; 017-000-000
  4/25/2023HouseAdded Alternate Co-Sponsor Rep. Norine K. Hammond
  4/26/2023HousePlaced on Calendar 2nd Reading - Short Debate
  5/10/2023HouseSecond Reading - Short Debate
  5/10/2023HouseHeld on Calendar Order of Second Reading - Short Debate
  5/12/2023HouseThird Reading/Final Action Deadline Extended-9(b) May 19, 2023
  5/18/2023HousePlaced on Calendar Order of 3rd Reading - Short Debate
  5/18/2023HouseThird Reading - Short Debate - Passed 114-000-000
  5/18/2023SenatePassed Both Houses
  6/16/2023SenateSent to the Governor
  7/28/2023SenateGovernor Approved
  7/28/2023SenateEffective Date January 1, 2024
  7/28/2023SenatePublic Act . . . . . . . . . 103-0378

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