HB3139 EnrolledLRB097 08797 HEP 48927 b


  
1    AN ACT concerning highways.
  
 
2    Be it enacted by the People of the State of Illinois,
 
3represented in the General Assembly:
  
 
 
4    Section 5. The Illinois Highway Code is amended  by adding 
5Section 9-119.6 as follows:
 
6    (605 ILCS 5/9-119.6 new)
7    Sec. 9-119.6. Switchgrass production permit.
8    (a) The Department may issue a switchgrass production 
9permit authorizing the planting and harvesting of switchgrass 
10on a specified right-of-way in this State. An owner or owner's 
11designee has priority until March 1 of each year to receive a 
12permit for the portion of right-of-way that is adjacent to the 
13owner's land and for which no permit is in effect. After March 
141 of each year, a permit may be issued to an applicant that is 
15not the owner of the land adjacent to the right-of-way for a 
16maximum distance of 5 miles. A permit issued under this 
17subsection may be valid for a period of 5 years, and the 
18Department must include the timeframe that the permit is valid 
19on every permit issued under this subsection.  Commencement of 
20harvesting activity notice  instructions must be included on 
21every permit under this subsection in accordance with paragraph 
22(1) of subsection (c) of this Section. The non-refundable 
23application fee for every permit under this subsection is $200, 
 
 
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1and all fees collected by the Department shall be deposited 
2into the Road Fund.
3    (b) An applicant for a permit in subsection (a) must:
4        (1) sign a release acknowledging that the applicant (i) 
5    assumes all risk for the quality of the switchgrass 
6    produced under the permit, (ii) assumes all liability for 
7    accidents or injury that results from  the activities 
8    permitted by the Department, (iii) is liable for any damage 
9    to the right-of-way described in paragraphs (3) and (4) of 
10    subsection (c), and (iv) understands that the State or any 
11    instrumentality thereof assumes no risk or liability for 
12    the activities permitted by the Department; 
13        (2) demonstrate proof that a liability insurance 
14    policy in the amount of not less than $1,000,000 is in 
15    force to cover any accident, damage, or loss that may occur 
16    to persons or property as a result of the activities 
17    permitted by the Department; and 
18        (3) pay a non-refundable application fee of $200. 
19    (c) The usage of a permit in subsection (a) is subject to 
20the following limitations:
21        (1) The permittee must give the Department 48 hours 
22    notice prior to commencing any activities permitted by the 
23    Department; 
24        (2) The permittee must carry a copy of the permit at 
25    all times while performing the activities permitted by the 
26    Department; 
 
 
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1        (3) The permittee may use the permit only when soil in 
2    the right-of-way is dry enough to prevent rutting or other 
3    similar type of damage to the right-of-way; and
4        (4) The permitee may not alter, damage, or remove any 
5    right-of-way markers, land monuments, fences, signs, 
6    trees, shrubbery or similar landscape vegetation, or other 
7    highway features or structures. 
8    (d) The Department may immediately terminate a permit in 
9subsection (a) issued to a permittee for failure to comply with 
10the use limitations of subsection (c).
11    (e) The Department or the permittee may cancel the permit 
12at any time upon 3 days written notice.
13    (f) The Department may promulgate rules for the 
14administration of this Section.