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| Public Act 097-0134 | ||||
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AN ACT concerning highways.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Illinois Highway Code is amended by adding | ||||
Section 9-119.6 as follows: | ||||
(605 ILCS 5/9-119.6 new) | ||||
Sec. 9-119.6. Switchgrass production permit. | ||||
(a) The Department may issue a switchgrass production | ||||
permit authorizing the planting and harvesting of switchgrass | ||||
on a specified right-of-way in this State. An owner or owner's | ||||
designee has priority until March 1 of each year to receive a | ||||
permit for the portion of right-of-way that is adjacent to the | ||||
owner's land and for which no permit is in effect. After March | ||||
1 of each year, a permit may be issued to an applicant that is | ||||
not the owner of the land adjacent to the right-of-way for a | ||||
maximum distance of 5 miles. A permit issued under this | ||||
subsection may be valid for a period of 5 years, and the | ||||
Department must include the timeframe that the permit is valid | ||||
on every permit issued under this subsection. Commencement of | ||||
harvesting activity notice instructions must be included on | ||||
every permit under this subsection in accordance with paragraph | ||||
(1) of subsection (c) of this Section. The non-refundable | ||||
application fee for every permit under this subsection is $200, | ||||
and all fees collected by the Department shall be deposited | ||
into the Road Fund. | ||
(b) An applicant for a permit in subsection (a) must: | ||
(1) sign a release acknowledging that the applicant (i) | ||
assumes all risk for the quality of the switchgrass | ||
produced under the permit, (ii) assumes all liability for | ||
accidents or injury that results from the activities | ||
permitted by the Department, (iii) is liable for any damage | ||
to the right-of-way described in paragraphs (3) and (4) of | ||
subsection (c), and (iv) understands that the State or any | ||
instrumentality thereof assumes no risk or liability for | ||
the activities permitted by the Department; | ||
(2) demonstrate proof that a liability insurance | ||
policy in the amount of not less than $1,000,000 is in | ||
force to cover any accident, damage, or loss that may occur | ||
to persons or property as a result of the activities | ||
permitted by the Department; and | ||
(3) pay a non-refundable application fee of $200. | ||
(c) The usage of a permit in subsection (a) is subject to | ||
the following limitations: | ||
(1) The permittee must give the Department 48 hours | ||
notice prior to commencing any activities permitted by the | ||
Department; | ||
(2) The permittee must carry a copy of the permit at | ||
all times while performing the activities permitted by the | ||
Department; | ||
(3) The permittee may use the permit only when soil in | ||
the right-of-way is dry enough to prevent rutting or other | ||
similar type of damage to the right-of-way; and | ||
(4) The permitee may not alter, damage, or remove any | ||
right-of-way markers, land monuments, fences, signs, | ||
trees, shrubbery or similar landscape vegetation, or other | ||
highway features or structures. | ||
(d) The Department may immediately terminate a permit in | ||
subsection (a) issued to a permittee for failure to comply with | ||
the use limitations of subsection (c). | ||
(e) The Department or the permittee may cancel the permit | ||
at any time upon 3 days written notice. | ||
(f) The Department may promulgate rules for the | ||
administration of this Section.
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