Illinois General Assembly - Bill Status for HB5738

Amends the Crossing of Railroad Right-of-way Act. Changes the short title to the Crossing and Encroachment of Railroad Right-of-way Act. Defines "encroachment" and "annual payment conversion" and makes changes to the definitions of "special circumstances" and "utility". Provides that a utility shall be deemed to have authorization to commence encroachment activity 90 days after the (i) mailing of the notice, (ii) completion of the engineering specifications, and (iii) payment of the fee. Provides that a utility that locates its facilities within the railroad right-of-way for an encroachment shall pay the rail carrier or land management company $3,000 for each 1,500 feet or portion thereof of encroachment, unless otherwise agreed to by the parties. Creates a new provision that provides that a utility may pay a rail carrier or land management company an amount equal to 10 times the agreed annual or periodic payment for a crossing or encroachment agreement in effect at the time of request by the utility. Creates a new provision that provides that agreed annual or periodic fees charged to utilities by rail carriers or land management companies for crossing or encroachment agreements may not be increased for the initial 5-year period of the agreement and thereafter may not be increased more than 2% annually. Makes changes in provisions concerning crossing and encroachment fees; powers not limited; conflicting provisions; and applicability.

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