Rep. Jay Hoffman

Filed: 5/20/2016





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2    AMENDMENT NO. ______. Amend Senate Bill 2241 by replacing
3everything after the enacting clause with the following:

5    Section 1-1. Short title. This Act may be cited as the Land
6Management 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
9shall be granted access to build facilities to cross a railroad
10right-of-way owned by a land management company and not a
11registered rail carrier for the purpose of conveyance of grain,
12aggregate, construction materials, and other commodities over,
13under, or across that right-of-way. A business entity whose
14facilities cross a right-of-way shall pay the land management
15company operating the right-of-way a one time standard crossing



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1fee of $1,500 for each crossing plus the cost associated with
2modifications to existing insurance contracts of the land
3management company. The standard crossing fee shall be in lieu
4of any license, permit, application, or any other fee or
5charges to reimburse the land management company for the direct
6expense incurred by the land management company as a result of
7the crossing. The business entity shall also reimburse the land
8management company or rail carrier for any actual flagging
9expenses associated with the crossing in addition to the
10standard crossing fee.

12    Section 5-5. The Crossing of Railroad Right-of-way Act is
13amended by changing Sections 5 and 15 as follows:
14    (220 ILCS 70/5)
15    Sec. 5. Definitions. As used in this Act, unless the
16context otherwise requires:
17    "Crossing" means the construction, operation, repair, or
18maintenance of a facility over, under, or across a railroad
19right-of-way by a utility when the right-of-way is owned by a
20land management company and not a registered rail carrier.
21    "Direct expenses" includes, but is not limited to, any or
22all 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
13pipe, supporting poles and guys, manhole, or other material or
14equipment, that is used by a utility to furnish any of the
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
22owner, manager, or agent of a railroad right-of-way and is not
23a 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
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,
19the railroad right-of-way segment's relationship to other
20property, location in urban or other developed areas, the
21existence of unique topography or natural resources, or other
22characteristics or dangers inherent in the particular crossing
23or segment of the railroad right-of-way.
24    "Utility" shall include (1) public utilities as defined in
25Section 3-105 of the Public Utilities Act, (2)
26telecommunications carriers as defined in Section 13-202 of the



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1Public Utilities Act, (3) electric cooperatives as defined in
2Section 3.4 of the Electric Supplier Act, (4) telephone or
3telecommunications cooperatives as defined in Section 13-212
4of the Public Utilities Act, (5) rural water or waste water
5systems with 10,000 connections or less, (6) a holder as
6defined in Section 21-201 of the Public Utilities Act, and (7)
7municipalities owning or operating utility systems consisting
8of public utilities as that term is defined in Section 11-117-2
9of the Illinois Municipal Code, and (8) a cable operator that
10is issued a cable television franchise by the municipality or
11county pursuant to Section 11-42-11 of the Illinois Municipal
12Code 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
16parties and subject to Section 20, a utility that locates its
17facilities within the railroad right-of-way for a crossing,
18other than a crossing along the public roads of the State
19pursuant to the Telephone Line Right of Way Act, shall pay the
20land management company a one-time standard crossing fee of
21$1,500 for each crossing plus the costs associated with
22modifications to existing insurance contracts of the utility
23and the land management company. The standard crossing fee
24shall be in lieu of any license, permit, application, or any
25other fees or charges to reimburse the land management company



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1for the direct expenses incurred by the land management company
2as a result of the crossing. The utility shall also reimburse
3the land management company or rail carrier for any actual
4flagging expenses associated with a crossing in addition to the
5standard crossing fee.
6(Source: P.A. 96-595, eff. 8-18-09.)

8    Section 99-99. Effective date. This Act takes effect upon
9becoming law.".