Sen. William R. Haine

Filed: 2/23/2016





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2    AMENDMENT NO. ______. Amend Senate Bill 2241 on page 1,
3line 21, after "company", by inserting "or rail carrier"; and
4on page 2, immediately below line 1, by inserting the
6    "Section 10. The Crossing of Railroad Right-of-way Act is
7amended by changing Sections 5 and 15 as follows:
8    (220 ILCS 70/5)
9    Sec. 5. Definitions. As used in this Act, unless the
10context otherwise requires:
11    "Crossing" means the construction, operation, repair, or
12maintenance of a facility over, under, or across a railroad
13right-of-way by a utility when the right-of-way is owned by a
14land management company and not a registered rail carrier.
15    "Direct expenses" includes, but is not limited to, any or



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1all of the following:
2        (1) The cost of inspecting and monitoring the crossing
3    site.
4        (2) Administrative and engineering costs for review of
5    specifications and for entering a crossing on the
6    railroad's books, maps, and property records and other
7    reasonable administrative and engineering costs incurred
8    as a result of the crossing.
9        (3) Document and preparation fees associated with a
10    crossing, and any engineering specifications related to
11    the crossing.
12        (4) Damages assessed in connection with the rights
13    granted to a utility with respect to a crossing.
14    "Facility" means any cable, conduit, wire, pipe, casing
15pipe, supporting poles and guys, manhole, or other material or
16equipment, that is used by a utility to furnish any of the
18        (1) Communications, video, or information services.
19        (2) Electricity.
20        (3) Gas by piped system.
21        (4) Sanitary and storm sewer service.
22        (5) Water by piped system.
23    "Land management company" means an entity that is the
24owner, manager, or agent of a railroad right-of-way and is not
25a registered rail carrier.
26    "Railroad right-of-way" means one or more of the following:



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1        (1) A right-of-way or other interest in real estate
2    that is owned or operated by a land management company and
3    not a registered rail carrier.
4        (2) Any other interest in a former railroad
5    right-of-way that has been acquired or is operated by a
6    land management company or similar entity.
7    "Special circumstances" means either or both of the
9        (1) The characteristics of a segment of a railroad
10    right-of-way not found in a typical segment of a railroad
11    right-of-way that enhance the value or increase the damages
12    or the engineering or construction expenses for the land
13    management company associated with a proposed crossing, or
14    to the current or reasonably anticipated use by a land
15    management company of the railroad right-of-way,
16    necessitating additional terms and conditions or
17    compensation associated with a crossing.
18        (2) Variances from the standard specifications
19    requested by the land management company.
20    "Special circumstances" may include, but is not limited to,
21the railroad right-of-way segment's relationship to other
22property, location in urban or other developed areas, the
23existence of unique topography or natural resources, or other
24characteristics or dangers inherent in the particular crossing
25or segment of the railroad right-of-way.
26    "Utility" shall include (1) public utilities as defined in



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1Section 3-105 of the Public Utilities Act, (2)
2telecommunications carriers as defined in Section 13-202 of the
3Public Utilities Act, (3) electric cooperatives as defined in
4Section 3.4 of the Electric Supplier Act, (4) telephone or
5telecommunications cooperatives as defined in Section 13-212
6of the Public Utilities Act, (5) rural water or waste water
7systems with 10,000 connections or less, (6) a holder as
8defined in Section 21-201 of the Public Utilities Act, and (7)
9municipalities owning or operating utility systems consisting
10of public utilities as that term is defined in Section 11-117-2
11of the Illinois Municipal Code, and (8) a cable operator that
12is issued a cable television franchise by the municipality or
13county pursuant to Section 11-42-11 of the Illinois Municipal
14Code or Section 5-1095 of the Counties Code.
15(Source: P.A. 96-595, eff. 8-18-09.)
16    (220 ILCS 70/15)
17    Sec. 15. Crossing fee. Unless otherwise agreed by the
18parties and subject to Section 20, a utility that locates its
19facilities within the railroad right-of-way for a crossing,
20other than a crossing along the public roads of the State
21pursuant to the Telephone Line Right of Way Act, shall pay the
22land management company a one-time standard crossing fee of
23$1,500 for each crossing plus the costs associated with
24modifications to existing insurance contracts of the utility
25and the land management company. The standard crossing fee



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1shall be in lieu of any license, permit, application, or any
2other fees or charges to reimburse the land management company
3for the direct expenses incurred by the land management company
4as a result of the crossing. The utility shall also reimburse
5the land management company or rail carrier for any actual
6flagging expenses associated with a crossing in addition to the
7standard crossing fee.
8(Source: P.A. 96-595, eff. 8-18-09.)".