Full Text of SB2929 93rd General Assembly
SB2929 93RD GENERAL ASSEMBLY
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93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004 SB2929
Introduced 2/6/2004, by William R. Haine SYNOPSIS AS INTRODUCED: |
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Creates the Crossing of Railroad Right-of-way Act.
Provides terms and conditions for a crossing. Allows the Illinois Commerce Commission to adopt rules prescribing additional terms and conditions to ensure that any crossing be consistent with the public convenience and necessity and reasonable service to the public. Provides that public utilities that
locate their
facilities within the railroad right-of-way for a crossing shall pay the
railroad a one-time
standard crossing fee of $750 for each crossing. Provides special circumstances
under
which the standard crossing fee is not imposed. Provides that, pending
Commission
resolution of a claim of special circumstances raised in a petition, a public
utility may,
upon securing the payment of any damages and upon submission of completed
engineering specifications to the railroad, proceed with a crossing in
accordance with the
rules adopted by the Commission, unless the Commission, upon application for
emergency relief, determines that there is a reasonable likelihood that the
proposed
crossing either (i) involves a significant and imminent likelihood of danger to
the public
health or safety or (ii) is a serious threat to the safe operations of the
railroad or to the
current use of the railroad right-of-way.
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A BILL FOR
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SB2929 |
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LRB093 19924 AMC 45668 b |
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| AN ACT concerning public utilities.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 1. Short title. This Act may be cited as the | 5 |
| Crossing of Railroad
Right-of-way Act.
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| Section 5. Definitions. As used in this Act, unless the | 7 |
| context otherwise
requires:
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| "Commission" means the Illinois Commerce Commission.
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| "Crossing" means the construction, operation, repair, or | 10 |
| maintenance of a
facility over, under, or across a railroad | 11 |
| right-of-way by a public utility.
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| "Direct expenses" includes, but is not limited to, any or | 13 |
| all of the
following:
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| (1) The cost of inspecting and monitoring the crossing | 15 |
| site.
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| (2) Administrative and engineering costs for review of | 17 |
| specifications and
for
entering a crossing on the | 18 |
| railroad's books, maps, and property records and
other
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| reasonable administrative and engineering costs incurred | 20 |
| as a result of the
crossing.
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| (3) Document and preparation fees associated with a | 22 |
| crossing, and any
engineering specifications related to | 23 |
| the crossing.
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| (4) Damages assessed in connection with the rights | 25 |
| granted to a public
utility with respect to a crossing.
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| "Facility" means any cable, conduit, wire, pipe, casing | 27 |
| pipe, supporting
poles
and guys, manhole, or other material or | 28 |
| equipment, that is used by a public
utility to
furnish any of | 29 |
| the following:
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| (1) Communications services.
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| (2) Electricity.
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| (3) Gas by piped system.
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| (4) Sanitary and storm sewer service.
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| (5) Water by piped system.
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| "Public utility" has the meaning given to that term in the | 4 |
| Public Utilities
Act.
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| "Railroad" or "railroad corporation" means a railroad | 6 |
| corporation that is the
owner, operator, occupant, manager, or | 7 |
| agent of a railroad right-of-way or the
railroad
corporation's | 8 |
| successor in interest.
"Railroad" and "railroad corporation" | 9 |
| includes an
interurban railway.
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| "Railroad right-of-way" means one or more of the following:
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| (1) A right-of-way or other interest in real estate | 12 |
| that is owned or
operated
by a railroad corporation, the | 13 |
| trustees of a railroad corporation, or the
successor in
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| interest of a railroad corporation.
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| (2) A right-of-way or other interest in real estate | 16 |
| that is occupied or
managed by or on behalf of a railroad | 17 |
| corporation, the trustees of a railroad
corporation, or the | 18 |
| successor in interest of a railroad corporation, including
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| an
abandoned railroad right-of-way that has not otherwise | 20 |
| reverted.
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| (3) Any other interest in a former railroad | 22 |
| right-of-way that has been
acquired or is operated by a | 23 |
| land management company or similar entity.
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| "Special circumstances" means either or both of the | 25 |
| following:
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| (1) The existence of characteristics of a segment of | 27 |
| railroad right-of-way
or of a proposed utility facility | 28 |
| that increases the direct expenses associated
with a
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| proposed crossing.
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| (2) A proposed crossing that involves a significant and | 31 |
| imminent
likelihood of danger to the public health or | 32 |
| safety or that is a serious
threat to the
safe operations | 33 |
| of the railroad or to the current use of the railroad
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| right-of-way,
necessitating additional terms and | 35 |
| conditions associated with the crossing.
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| Section 10. Terms and conditions for a crossing.
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| (a) Notification by a public utility to a railroad required | 3 |
| prior to the commencement of any crossing
activity shall not | 4 |
| exceed 30 days.
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| (b) The railroad and the public utility must maintain
and | 6 |
| repair its own property within the railroad right-of-way and | 7 |
| bear
responsibility for its own acts and omissions, except that | 8 |
| the public
utility shall be responsible for any bodily injury | 9 |
| or property damage that
typically
would be covered under a | 10 |
| standard railroad protective liability insurance
policy.
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| (c) A public utility shall have immediate access to a | 12 |
| crossing for repair and maintenance of existing
facilities in | 13 |
| case of emergency.
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| (d) Applicable engineering standards shall be complied | 15 |
| with for utility facilities crossing railroad rights-of-way.
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| (e) The public utility shall be provided an expedited | 17 |
| crossing, absent a claim of special
circumstances, after | 18 |
| payment by the public utility of the standard crossing
fee, if
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| applicable, and submission of completed engineering | 20 |
| specifications to the
railroad.
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| (f) The public utility and the railroad may agree to other | 22 |
| terms and conditions necessary to provide for reasonable use of | 23 |
| a railroad right-of-way by a public utility.
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| (g) The Commission may adopt rules prescribing terms and | 25 |
| conditions in addition to those contained in this Section for a | 26 |
| crossing to ensure that any crossing be consistent with the | 27 |
| public convenience and
necessity and
reasonable service to the | 28 |
| public.
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| Section 15. Crossing fee. Unless otherwise agreed by the | 30 |
| parties and subject to Section 20, a
public
utility that | 31 |
| locates its facilities within the railroad right-of-way for a
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| crossing, other than a
crossing along the public roads of the | 33 |
| State pursuant to the Telephone Line
Right of Way
Act, shall | 34 |
| pay the railroad a one-time standard crossing fee of $750 for | 35 |
| each
crossing plus the costs associated with modifications to |
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| existing insurance contracts of the public utility and the | 2 |
| railroad.
The standard crossing fee shall be in lieu of any | 3 |
| license or any other fees or
charges to
reimburse the railroad | 4 |
| for the direct expenses incurred by the railroad as a
result of | 5 |
| the
crossing. The public utility shall also reimburse the | 6 |
| railroad for any actual
flagging
expenses associated with a | 7 |
| crossing in addition to the standard crossing fee. | 8 |
| Section 20. Powers not limited.
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| (a) Notwithstanding Section 10, rules adopted by the | 10 |
| Commission shall not
prevent a railroad and a public utility | 11 |
| from otherwise negotiating the terms
and conditions
applicable | 12 |
| to a crossing or the resolution of any disputes relating to the
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| crossing.
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| (b) Notwithstanding subsection (a), This Section shall not | 15 |
| impair the
authority
of a public utility to secure crossing | 16 |
| rights by easement pursuant to the
exercise of the
power of | 17 |
| eminent domain.
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| Section 25. Special circumstances.
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| (a) A railroad or public utility that believes special | 20 |
| circumstances exist
for a
particular crossing may petition the | 21 |
| Commission for relief. If a petition for relief is filed,
the | 22 |
| Commission shall determine whether special circumstances exist | 23 |
| that
necessitate
either a modification of the direct expenses | 24 |
| to be paid or the need for
additional terms
and conditions. The | 25 |
| Commission may make any necessary findings of fact and
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| determinations related to the existence of special | 27 |
| circumstances, as well as
any relief to
be granted. A | 28 |
| determination of the Commission, except for a determination on
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| the issue
of damages for the rights granted to a public utility | 30 |
| with respect to a
crossing, shall be
considered final agency | 31 |
| action subject to judicial review under the
Administrative
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| Review Law. The Commission shall assess the costs associated | 33 |
| with a petition
for relief
equitably against the parties.
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| (b) A railroad or public utility that claims to be |
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| aggrieved by a
determination of
the Commission on the issue of | 2 |
| damages for the rights granted to a public
utility with
respect | 3 |
| to a crossing may seek judicial review as provided in the
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| Administrative Review Law.
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| Section 30. Authority to cross; emergency relief. Pending | 6 |
| Commission
resolution of a claim of special circumstances | 7 |
| raised in a petition, a public
utility may,
upon securing the | 8 |
| payment of any damages and upon submission of completed
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| engineering specifications to the railroad, proceed with a | 10 |
| crossing in
accordance with the
rules adopted by the | 11 |
| Commission, unless the Commission, upon application for
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| emergency relief, determines that there is a reasonable | 13 |
| likelihood that either
of the
following conditions exist:
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| (1) That the proposed crossing involves a significant | 15 |
| and imminent
likelihood of danger to the public health or | 16 |
| safety.
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| (2) That the proposed crossing is a serious threat to | 18 |
| the safe operations
of
the railroad or to the current use | 19 |
| of the railroad right-of-way.
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| If the Commission determines that there is a reasonable | 21 |
| likelihood that the
proposed crossing meets either condition, | 22 |
| then the Commission shall immediately
intervene to prevent the | 23 |
| crossing until a factual determination is made.
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| Section 35. Conflicting provisions. Notwithstanding any | 25 |
| provision law to the
contrary, this Act shall apply in all | 26 |
| crossings of railroad rights-of-way
involving a public
utility | 27 |
| and shall govern in the event of any conflict with any other | 28 |
| provision
of law.
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| Section 40. Applicability. This Act applies to (i) a | 30 |
| crossing commenced prior
to
the effective date of this Act if | 31 |
| an agreement concerning the crossing has
expired or is
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| terminated and (ii) a crossing commenced on or after the | 33 |
| effective date of this
Act.
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