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| | SB2241 Enrolled | | LRB099 15993 HLH 40310 b |
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1 | | AN ACT concerning State government.
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2 | | Be it enacted by the People of the State of Illinois,
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3 | | represented in the General Assembly:
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4 | | Section 5. The Illinois Enterprise Zone Act is amended by |
5 | | adding Section 9.3 as follows: |
6 | | (20 ILCS 655/9.3 new) |
7 | | Sec. 9.3. Railroad right-of-way. Any business entity |
8 | | located in an enterprise zone shall be granted access to build |
9 | | facilities to cross a railroad right-of-way owned by a land |
10 | | management company and not a registered rail carrier for the |
11 | | purpose of conveyance of grain, aggregate, construction |
12 | | materials, and other commodities over, under, or across that |
13 | | right-of-way. A business entity whose facilities cross a |
14 | | right-of-way shall pay the land management company operating |
15 | | the right-of-way a one time standard crossing fee of $1,500 for |
16 | | each crossing plus the cost associated with modifications to |
17 | | existing insurance contracts of the land management company. |
18 | | The standard crossing fee shall be in lieu of any license, |
19 | | permit, application, or any other fee or charges to reimburse |
20 | | the land management company for the direct expense incurred by |
21 | | the land management company as a result of the crossing. The |
22 | | company shall also reimburse the land management company or |
23 | | rail carrier for any actual flagging expenses associated with |
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1 | | the crossing in addition to the standard crossing fee. |
2 | | Section 10. The Crossing of Railroad
Right-of-way Act is |
3 | | amended by changing Sections 5 and 15 as follows: |
4 | | (220 ILCS 70/5)
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5 | | Sec. 5. Definitions. As used in this Act, unless the |
6 | | context otherwise
requires:
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7 | | "Crossing" means the construction, operation, repair, or |
8 | | maintenance of a
facility over, under, or across a railroad |
9 | | right-of-way by a utility when the right-of-way is owned by a |
10 | | land management company and not a registered rail carrier.
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11 | | "Direct expenses" includes, but is not limited to, any or |
12 | | all of the
following:
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13 | | (1) The cost of inspecting and monitoring the crossing |
14 | | site.
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15 | | (2) Administrative and engineering costs for review of |
16 | | specifications and
for
entering a crossing on the |
17 | | railroad's books, maps, and property records and
other
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18 | | reasonable administrative and engineering costs incurred |
19 | | as a result of the
crossing.
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20 | | (3) Document and preparation fees associated with a |
21 | | crossing, and any
engineering specifications related to |
22 | | the crossing.
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23 | | (4) Damages assessed in connection with the rights |
24 | | granted to a utility with respect to a crossing.
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1 | | "Facility" means any cable, conduit, wire, pipe, casing |
2 | | pipe, supporting
poles
and guys, manhole, or other material or |
3 | | equipment, that is used by a utility to
furnish any of the |
4 | | following:
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5 | | (1) Communications, video, or information services.
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6 | | (2) Electricity.
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7 | | (3) Gas by piped system.
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8 | | (4) Sanitary and storm sewer service.
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9 | | (5) Water by piped system.
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10 | | "Land management company" means an entity that is the |
11 | | owner, manager, or agent of a railroad right-of-way and is not |
12 | | a registered rail carrier.
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13 | | "Railroad right-of-way" means one or more of the following:
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14 | | (1) A right-of-way or other interest in real estate |
15 | | that is owned or
operated
by a land management company and |
16 | | not a registered rail carrier.
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17 | | (2) Any other interest in a former railroad |
18 | | right-of-way that has been
acquired or is operated by a |
19 | | land management company or similar entity.
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20 | | "Special circumstances" means either or both of the |
21 | | following:
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22 | | (1) The characteristics of a segment of a railroad |
23 | | right-of-way not found in a typical segment of a railroad |
24 | | right-of-way that enhance the value or increase the damages |
25 | | or the engineering or construction expenses for the land |
26 | | management company associated with a proposed crossing, or |
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1 | | to the current or reasonably anticipated use by a land |
2 | | management company of the railroad right-of-way, |
3 | | necessitating additional terms and conditions or |
4 | | compensation associated with a crossing.
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5 | | (2) Variances from the standard specifications |
6 | | requested by the land management company. |
7 | | "Special circumstances" may include, but is not limited to, |
8 | | the railroad right-of-way segment's relationship to other |
9 | | property, location in urban or other developed areas, the |
10 | | existence of unique topography or natural resources, or other |
11 | | characteristics or dangers inherent in the particular crossing |
12 | | or segment of the railroad right-of-way.
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13 | | "Utility" shall include (1) public utilities as defined in |
14 | | Section 3-105 of the Public Utilities
Act, (2) |
15 | | telecommunications carriers as defined in Section 13-202 of the |
16 | | Public Utilities Act, (3) electric cooperatives as defined in |
17 | | Section 3.4 of the Electric Supplier Act, (4) telephone or |
18 | | telecommunications cooperatives as defined in Section 13-212 |
19 | | of the Public Utilities Act, (5) rural water or waste water |
20 | | systems with 10,000 connections or less, (6) a holder as |
21 | | defined in Section 21-201 of the Public Utilities Act, and (7) |
22 | | municipalities owning or operating utility systems consisting |
23 | | of public utilities as that term is defined in Section 11-117-2 |
24 | | of the Illinois Municipal Code , and (8) a cable operator that |
25 | | is issued a cable television franchise by the municipality or |
26 | | county pursuant to Section 11-42-11 of the Illinois Municipal |
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1 | | Code or Section 5-1095 of the Counties Code .
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2 | | (Source: P.A. 96-595, eff. 8-18-09.) |
3 | | (220 ILCS 70/15)
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4 | | Sec. 15. Crossing fee. Unless otherwise agreed by the |
5 | | parties and subject to Section 20, a
utility that locates its |
6 | | facilities within the railroad right-of-way for a
crossing, |
7 | | other than a
crossing along the public roads of the State |
8 | | pursuant to the Telephone Line
Right of Way
Act, shall pay the |
9 | | land management company a one-time standard crossing fee of |
10 | | $1,500 for each
crossing plus the costs associated with |
11 | | modifications to existing insurance contracts of the utility |
12 | | and the land management company.
The standard crossing fee |
13 | | shall be in lieu of any license, permit, application, or any |
14 | | other fees or
charges to
reimburse the land management company |
15 | | for the direct expenses incurred by the land management company |
16 | | as a
result of the
crossing. The utility shall also reimburse |
17 | | the land management company or rail carrier for any actual
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18 | | flagging
expenses associated with a crossing in addition to the |
19 | | standard crossing fee.
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20 | | (Source: P.A. 96-595, eff. 8-18-09.)
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21 | | Section 99. Effective date. This Act takes effect upon |
22 | | becoming law.
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