Illinois General Assembly - Full Text of SB2241
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Full Text of SB2241  99th General Assembly




SB2241 EngrossedLRB099 15993 HLH 40310 b

1    AN ACT concerning State government.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Illinois Enterprise Zone Act is amended by
5adding Section 9.3 as follows:
6    (20 ILCS 655/9.3 new)
7    Sec. 9.3. Railroad right-of-way. Any business entity
8located in an enterprise zone shall be granted access to build
9facilities to cross a railroad right-of-way owned by a land
10management company and not a registered rail carrier for the
11purpose of conveyance of grain, aggregate, construction
12materials, and other commodities over, under, or across that
13right-of-way. A business entity whose facilities cross a
14right-of-way shall pay the land management company operating
15the right-of-way a one time standard crossing fee of $1,500 for
16each crossing plus the cost associated with modifications to
17existing insurance contracts of the land management company.
18The standard crossing fee shall be in lieu of any license,
19permit, application, or any other fee or charges to reimburse
20the land management company for the direct expense incurred by
21the land management company or rail carrier as a result of the
22crossing. The company shall also reimburse the land management
23company for any actual flagging expenses associated with the



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1crossing in addition to the standard crossing fee.
2    Section 10. The Crossing of Railroad Right-of-way Act is
3amended by changing Sections 5 and 15 as follows:
4    (220 ILCS 70/5)
5    Sec. 5. Definitions. As used in this Act, unless the
6context otherwise requires:
7    "Crossing" means the construction, operation, repair, or
8maintenance of a facility over, under, or across a railroad
9right-of-way by a utility when the right-of-way is owned by a
10land management company and not a registered rail carrier.
11    "Direct expenses" includes, but is not limited to, any or
12all of the following:
13        (1) The cost of inspecting and monitoring the crossing
14    site.
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
18    reasonable administrative and engineering costs incurred
19    as a result of the crossing.
20        (3) Document and preparation fees associated with a
21    crossing, and any engineering specifications related to
22    the crossing.
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
2pipe, supporting poles and guys, manhole, or other material or
3equipment, that is used by a utility to furnish any of the
5        (1) Communications, video, or information services.
6        (2) Electricity.
7        (3) Gas by piped system.
8        (4) Sanitary and storm sewer service.
9        (5) Water by piped system.
10    "Land management company" means an entity that is the
11owner, manager, or agent of a railroad right-of-way and is not
12a registered rail carrier.
13    "Railroad right-of-way" means one or more of the following:
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.
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.
20    "Special circumstances" means either or both of the
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.
5        (2) Variances from the standard specifications
6    requested by the land management company.
7    "Special circumstances" may include, but is not limited to,
8the railroad right-of-way segment's relationship to other
9property, location in urban or other developed areas, the
10existence of unique topography or natural resources, or other
11characteristics or dangers inherent in the particular crossing
12or segment of the railroad right-of-way.
13    "Utility" shall include (1) public utilities as defined in
14Section 3-105 of the Public Utilities Act, (2)
15telecommunications carriers as defined in Section 13-202 of the
16Public Utilities Act, (3) electric cooperatives as defined in
17Section 3.4 of the Electric Supplier Act, (4) telephone or
18telecommunications cooperatives as defined in Section 13-212
19of the Public Utilities Act, (5) rural water or waste water
20systems with 10,000 connections or less, (6) a holder as
21defined in Section 21-201 of the Public Utilities Act, and (7)
22municipalities owning or operating utility systems consisting
23of public utilities as that term is defined in Section 11-117-2
24of the Illinois Municipal Code, and (8) a cable operator that
25is issued a cable television franchise by the municipality or
26county pursuant to Section 11-42-11 of the Illinois Municipal



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1Code or Section 5-1095 of the Counties Code.
2(Source: P.A. 96-595, eff. 8-18-09.)
3    (220 ILCS 70/15)
4    Sec. 15. Crossing fee. Unless otherwise agreed by the
5parties and subject to Section 20, a utility that locates its
6facilities within the railroad right-of-way for a crossing,
7other than a crossing along the public roads of the State
8pursuant to the Telephone Line Right of Way Act, shall pay the
9land management company a one-time standard crossing fee of
10$1,500 for each crossing plus the costs associated with
11modifications to existing insurance contracts of the utility
12and the land management company. The standard crossing fee
13shall be in lieu of any license, permit, application, or any
14other fees or charges to reimburse the land management company
15for the direct expenses incurred by the land management company
16as a result of the crossing. The utility shall also reimburse
17the land management company or rail carrier for any actual
18flagging expenses associated with a crossing in addition to the
19standard crossing fee.
20(Source: P.A. 96-595, eff. 8-18-09.)
21    Section 99. Effective date. This Act takes effect upon
22becoming law.