Full Text of SB2241 99th General Assembly
SB2241ham002 99TH GENERAL ASSEMBLY | Rep. Jay Hoffman Filed: 5/20/2016
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| 1 | | AMENDMENT TO SENATE BILL 2241
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 2241 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "ARTICLE 1. LAND MANAGEMENT RIGHT-OF-WAY ACT | 5 | | Section 1-1. Short title. This Act may be cited as the Land | 6 | | Management Right-of-way Act. References in this Article to | 7 | | "this Act" mean this Article. | 8 | | Section 1-5. Railroad right-of-way. Any business entity | 9 | | shall be granted access to build facilities to cross a railroad | 10 | | right-of-way owned by a land management company and not a | 11 | | registered rail carrier for the purpose of conveyance of grain, | 12 | | aggregate, construction materials, and other commodities over, | 13 | | under, or across that right-of-way. A business entity whose | 14 | | facilities cross a right-of-way shall pay the land management | 15 | | company operating the right-of-way a one time standard crossing |
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| 1 | | fee of $1,500 for each crossing plus the cost associated with | 2 | | modifications to existing insurance contracts of the land | 3 | | management company. The standard crossing fee shall be in lieu | 4 | | of any license, permit, application, or any other fee or | 5 | | charges to reimburse the land management company for the direct | 6 | | expense incurred by the land management company as a result of | 7 | | the crossing. The business entity shall also reimburse the land | 8 | | management company or rail carrier for any actual flagging | 9 | | expenses associated with the crossing in addition to the | 10 | | standard crossing fee. | 11 | | ARTICLE 5. AMENDATORY PROVISIONS | 12 | | Section 5-5. The Crossing of Railroad
Right-of-way Act is | 13 | | amended by changing Sections 5 and 15 as follows: | 14 | | (220 ILCS 70/5)
| 15 | | Sec. 5. Definitions. As used in this Act, unless the | 16 | | context otherwise
requires:
| 17 | | "Crossing" means the construction, operation, repair, or | 18 | | maintenance of a
facility over, under, or across a railroad | 19 | | right-of-way by a utility when the right-of-way is owned by a | 20 | | land management company and not a registered rail carrier.
| 21 | | "Direct expenses" includes, but is not limited to, any or | 22 | | all of the
following:
| 23 | | (1) The cost of inspecting and monitoring the crossing |
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| 1 | | site.
| 2 | | (2) Administrative and engineering costs for review of | 3 | | specifications and
for
entering a crossing on the | 4 | | railroad's books, maps, and property records and
other
| 5 | | reasonable administrative and engineering costs incurred | 6 | | as a result of the
crossing.
| 7 | | (3) Document and preparation fees associated with a | 8 | | crossing, and any
engineering specifications related to | 9 | | the crossing.
| 10 | | (4) Damages assessed in connection with the rights | 11 | | granted to a utility with respect to a crossing.
| 12 | | "Facility" means any cable, conduit, wire, pipe, casing | 13 | | pipe, supporting
poles
and guys, manhole, or other material or | 14 | | equipment, that is used by a utility to
furnish any of the | 15 | | following:
| 16 | | (1) Communications, video, or information services.
| 17 | | (2) Electricity.
| 18 | | (3) Gas by piped system.
| 19 | | (4) Sanitary and storm sewer service.
| 20 | | (5) Water by piped system.
| 21 | | "Land management company" means an entity that is the | 22 | | owner, manager, or agent of a railroad right-of-way and is not | 23 | | a registered rail carrier.
| 24 | | "Railroad right-of-way" means one or more of the following:
| 25 | | (1) A right-of-way or other interest in real estate | 26 | | that is owned or
operated
by a land management company and |
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| 1 | | not a registered rail carrier.
| 2 | | (2) Any other interest in a former railroad | 3 | | right-of-way that has been
acquired or is operated by a | 4 | | land management company or similar entity.
| 5 | | "Special circumstances" means either or both of the | 6 | | following:
| 7 | | (1) The characteristics of a segment of a railroad | 8 | | right-of-way not found in a typical segment of a railroad | 9 | | right-of-way that enhance the value or increase the damages | 10 | | or the engineering or construction expenses for the land | 11 | | management company associated with a proposed crossing, or | 12 | | to the current or reasonably anticipated use by a land | 13 | | management company of the railroad right-of-way, | 14 | | necessitating additional terms and conditions or | 15 | | compensation associated with a crossing.
| 16 | | (2) Variances from the standard specifications | 17 | | requested by the land management company. | 18 | | "Special circumstances" may include, but is not limited to, | 19 | | the railroad right-of-way segment's relationship to other | 20 | | property, location in urban or other developed areas, the | 21 | | existence of unique topography or natural resources, or other | 22 | | characteristics or dangers inherent in the particular crossing | 23 | | or segment of the railroad right-of-way.
| 24 | | "Utility" shall include (1) public utilities as defined in | 25 | | Section 3-105 of the Public Utilities
Act, (2) | 26 | | telecommunications carriers as defined in Section 13-202 of the |
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| 1 | | Public Utilities Act, (3) electric cooperatives as defined in | 2 | | Section 3.4 of the Electric Supplier Act, (4) telephone or | 3 | | telecommunications cooperatives as defined in Section 13-212 | 4 | | of the Public Utilities Act, (5) rural water or waste water | 5 | | systems with 10,000 connections or less, (6) a holder as | 6 | | defined in Section 21-201 of the Public Utilities Act, and (7) | 7 | | municipalities owning or operating utility systems consisting | 8 | | of public utilities as that term is defined in Section 11-117-2 | 9 | | of the Illinois Municipal Code , and (8) a cable operator that | 10 | | is issued a cable television franchise by the municipality or | 11 | | county pursuant to Section 11-42-11 of the Illinois Municipal | 12 | | Code or Section 5-1095 of the Counties Code .
| 13 | | (Source: P.A. 96-595, eff. 8-18-09.) | 14 | | (220 ILCS 70/15)
| 15 | | Sec. 15. Crossing fee. Unless otherwise agreed by the | 16 | | parties and subject to Section 20, a
utility that locates its | 17 | | facilities within the railroad right-of-way for a
crossing, | 18 | | other than a
crossing along the public roads of the State | 19 | | pursuant to the Telephone Line
Right of Way
Act, shall pay the | 20 | | land management company a one-time standard crossing fee of | 21 | | $1,500 for each
crossing plus the costs associated with | 22 | | modifications to existing insurance contracts of the utility | 23 | | and the land management company.
The standard crossing fee | 24 | | shall be in lieu of any license, permit, application, or any | 25 | | other fees or
charges to
reimburse the land management company |
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| 1 | | for the direct expenses incurred by the land management company | 2 | | as a
result of the
crossing. The utility shall also reimburse | 3 | | the land management company or rail carrier for any actual
| 4 | | flagging
expenses associated with a crossing in addition to the | 5 | | standard crossing fee.
| 6 | | (Source: P.A. 96-595, eff. 8-18-09.) | 7 | | ARTICLE 99. EFFECTIVE DATE
| 8 | | Section 99-99. Effective date. This Act takes effect upon | 9 | | becoming law.".
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