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90_HB2374ham001
LRB9007362MWpcam
1 AMENDMENT TO HOUSE BILL 2374
2 AMENDMENT NO. . Amend House Bill 2374 by replacing
3 the title with the following:
4 "AN ACT concerning water supply."; and
5 by replacing everything after the enacting clause with the
6 following:
7 "Section 5. The Illinois Municipal Code is amended by
8 changing Sections 11-138-1 and 11-138-3 as follows:
9 (65 ILCS 5/11-138-1) (from Ch. 24, par. 11-138-1)
10 Sec. 11-138-1. Power to locate water supply. Any
11 municipality or other entity engaged in the location,
12 placement, construction, maintenance, or operation of a
13 public water supply, as defined in Section 3.28 of the
14 Environmental Protection Act, and water company organized
15 under the laws of this State for the purpose, in whole or in
16 part, of supplying a any municipality or its the inhabitants
17 thereof with all or a portion of its water supply, may locate
18 one or more of the sources of its water source of supply at,
19 or change one or more of its sources source of water supply
20 to, a point not more than 20 miles beyond the corporate
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1 limits of the municipality. Such municipality or entity
2 company may enter upon any land and take and damage private
3 property beyond those corporate limits, (1) for the
4 construction, maintenance, and operation of a line or lines
5 of water-pipe to the source of supply, (2) for the necessary
6 pumping stations, reservoirs, and other appurtenances, and
7 (3) for the protection of all reservoirs, submerged land, and
8 source of supply from contamination, pollution, or damage
9 from any cause whatsoever.
10 Such municipality or entity a company may construct,
11 maintain, and operate beyond those corporate limits such a
12 line or lines of water-pipe across or under any railroad
13 right-of-way, and in and under any public or private road,
14 highway, street, alley, or public ground, or across or under
15 any of the waters within this State, subject, however, to
16 these conditions: (1) such a line or lines of water-pipe
17 shall not interfere with any railroad, or with any sewer, gas
18 pipes, water-pipes, or other conduit, already laid in or
19 under any public or private road, highway, street, alley, or
20 public ground by public authority; (2) such municipality or
21 entity a company, in the construction and repair of such a
22 line or lines of water-pipe, shall restore any public or
23 private road, highway, street, alley, or public ground that
24 is damaged to the same condition as before, and shall not
25 unnecessarily interfere with the public use of the navigation
26 of any of the specified waters; and (3) the laying of the
27 water-pipes and construction of the other works shall be done
28 under such reasonable regulations as the corporate
29 authorities of any township or municipality wherein that work
30 is done may prescribe.
31 (Source: Laws 1961, p. 576.)
32 (65 ILCS 5/11-138-3) (from Ch. 24, par. 11-138-3)
33 Sec. 11-138-3. Any person who unlawfully and
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1 intentionally molests or destroys any part of such a line of
2 water-pipe, pumping station, reservoir, or other
3 appurtenance, or the material or property belonging to a
4 municipality or other entity engaged in the location,
5 placement, construction, maintenance, or operation of a
6 public water supply, as defined in Section 3.28 of the
7 Environmental Protection Act specified water company, or who
8 in any manner interferes with the construction, maintenance,
9 or operation of the property specified in this Section is
10 guilty of a petty offense. But a prosecution under the
11 provisions of this Section shall not in any manner prevent a
12 recovery by the municipality or entity company entitled
13 thereto, of the amount of damages done to its property.
14 (Source: P.A. 77-2830.)
15 Section 10. The Illinois Highway Code is amended by
16 changing Section 9-113 as follows:
17 (605 ILCS 5/9-113) (from Ch. 121, par. 9-113)
18 Sec. 9-113. (a) No ditches, drains, track, rails, poles,
19 wires, pipe line or other equipment of any public utility
20 company, municipal corporation or other public or private
21 corporation, association or person shall be located, placed
22 or constructed upon, under or along any highway, or upon any
23 township or district road, without first obtaining the
24 written consent of the appropriate highway authority as
25 hereinafter provided for in this Section.
26 (b) The State highway authority is authorized to
27 promulgate reasonable and necessary rules, regulations and
28 specifications for State highways for the administration of
29 this Section.
30 (c) In the case of non-toll federal-aid fully
31 access-controlled State highways, the State highway authority
32 shall not grant consent to the location, placement or
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1 construction of ditches, drains, track, rails, poles, wires,
2 pipe line or other equipment upon, under or along any such
3 non-toll federal-aid fully access-controlled State highway,
4 which:
5 (1) would require cutting the pavement structure portion
6 of such highway for installation or, except in the event of
7 an emergency, would require the use of any part of such
8 highway right-of-way for purposes of maintenance or repair.
9 Where, however, the State highway authority determines prior
10 to installation that there is no other access available for
11 maintenance or repair purposes, use by the entity of such
12 highway right-of-way shall be permitted for such purposes in
13 strict accordance with the rules, regulations and
14 specifications of the State highway authority, provided
15 however, that except in the case of access to bridge
16 structures, in no such case shall an entity be permitted
17 access from the through-travel lanes, shoulders or ramps of
18 the non-toll federal-aid fully access-controlled State
19 highway to maintain or repair its accommodation; or
20 (2) would in the judgment of the State highway
21 authority, endanger or impair any such ditches, drains,
22 track, rails, poles, wires, pipe lines or other equipment
23 already in place; or
24 (3) would, if installed longitudinally within the access
25 control lines of such highway, be above ground after
26 installation except that the State highway authority may
27 consent to any above ground installation upon, under or along
28 any bridge, interchange or grade separation within the
29 right-of-way which installation is otherwise in compliance
30 with this Section and any rules, regulations or
31 specifications issued hereunder; or
32 (4) would be inconsistent with Federal law or with
33 rules, regulations or directives of appropriate Federal
34 agencies.
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1 (d) In the case of accommodations upon, under or along
2 non-toll federal-aid fully access-controlled State highways
3 the State highway authority may charge an entity reasonable
4 compensation for the right of that entity to longitudinally
5 locate, place or construct ditches, drains, track, rails,
6 poles, wires, pipe line or other equipment upon, under or
7 along such highway. Such compensation may include in-kind
8 compensation.
9 Where the entity applying for use of a non-toll
10 federal-aid fully access-controlled State highway
11 right-of-way is a public utility company, municipal
12 corporation or other public or private corporation,
13 association or person, such compensation shall be based upon
14 but shall not exceed a reasonable estimate by the State
15 highway authority of the fair market value of an easement or
16 leasehold for such use of the highway right-of-way. Where
17 the State highway authority determines that the applied-for
18 use of such highway right-of-way is for private land uses by
19 an individual and not for commercial purposes, the State
20 highway authority may charge a lesser fee than would be
21 charged a public utility company, municipal corporation or
22 other public or private corporation or association as
23 compensation for the use of the non-toll federal-aid fully
24 access-controlled State highway right-of-way. In no case
25 shall the written consent of the State highway authority give
26 or be construed to give any entity any easement, leasehold or
27 other property interest of any kind in, upon, under, above or
28 along the non-toll federal-aid fully access-controlled State
29 highway right-of-way.
30 Where the compensation from any entity is in whole or in
31 part a fee, such fee may be reasonably set, at the election
32 of the State highway authority, in the form of a single lump
33 sum payment or a schedule of payments. All such fees charged
34 as compensation may be reviewed and adjusted upward by the
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1 State highway authority once every 5 years provided that any
2 such adjustment shall be based on changes in the fair market
3 value of an easement or leasehold for such use of the
4 non-toll federal-aid fully access-controlled State highway
5 right-of-way. All such fees received as compensation by the
6 State highway authority shall be deposited in the Road Fund.
7 (e) Any entity applying for consent shall submit such
8 information in such form and detail to the appropriate
9 highway authority as to allow the authority to evaluate the
10 entity's application. In the case of accommodations upon,
11 under or along non-toll federal-aid fully access-controlled
12 State highways the entity applying for such consent shall
13 reimburse the State highway authority for all of the
14 authority's reasonable expenses in evaluating that entity's
15 application, including but not limited to engineering and
16 legal fees.
17 (f) Any ditches, drains, track, rails, poles, wires,
18 pipe line or other equipment located, placed or constructed
19 upon, under or along a State highway with the consent of the
20 State highway authority under this Section shall, upon
21 written notice by the State, highway authority be subject to
22 removal, relocation or modification at no expense to the
23 State highway authority when and as deemed necessary by the
24 State highway authority for highway or highway safety
25 purposes. If, within 60 days after receipt of such written
26 notice, arrangements are not made satisfactory to the State
27 highway authority for such removal, relocation or
28 modification, the State highway authority may remove,
29 relocate or modify such ditches, drains, track, rails, poles,
30 wires, pipe line or other equipment and bill the owner
31 thereof for the total cost of such removal, relocation or
32 modification. The State highway authority shall determine
33 the terms of payment of those costs provided that all costs
34 billed by the State highway authority shall not be made
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1 payable over more than a 5 year period from the date of
2 billing. This paragraph shall not be construed to prohibit
3 the State highway authority from paying any part of the cost
4 of removal, relocation or modification where such payment is
5 otherwise provided for by State or federal statute or
6 regulation.
7 (g) It shall be the sole responsibility of the entity,
8 without expense to the State highway authority, to maintain
9 and repair its ditches, drains, track, rails, poles, wires,
10 pipe line or other equipment after it is located, placed or
11 constructed upon, under or along any State highway and in no
12 case shall the State highway authority thereafter be liable
13 or responsible to the entity for any damages or liability of
14 any kind whatsoever incurred by the entity or to the entity's
15 ditches, drains, track, rails, poles, wires, pipe line or
16 other equipment.
17 (h) Upon receipt of an application therefor, consent to
18 so use a highway may be granted subject to such terms and
19 conditions not inconsistent with this Code as the highway
20 authority deems for the best interest of the public. The
21 petitioner shall pay to the owners of property abutting upon
22 the affected highways established as though by common law
23 plat all damages the owners may sustain by reason of such use
24 of the highway, such damages to be ascertained and paid in
25 the manner provided by law for the exercise of the right of
26 eminent domain.
27 (i) Such consent shall be granted by the Department in
28 the case of a State highway; by the county board or its
29 designated county superintendent of highways in the case of a
30 county highway; by either the highway commissioner or the
31 county superintendent of highways in the case of a township
32 or district road, provided that if consent is granted by the
33 highway commissioner, the petition shall be filed with the
34 commissioner at least 30 days prior to the proposed date of
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1 the beginning of construction, and that if written consent is
2 not given by the commissioner within 30 days after receipt
3 of the petition, the applicant may make written application
4 to the county superintendent of highways for consent to the
5 construction. This Section does not vitiate, extend or
6 otherwise affect any consent granted in accordance with law
7 prior to the effective date of this Code to so use any
8 highway.
9 (j) Nothing in this Section shall limit the right of a
10 highway authority to permit the location, placement or
11 construction or any ditches, drains, track, rails, poles,
12 wires, pipe line or other equipment upon, under or along any
13 highway or road as a part of its highway or road facilities
14 or which the highway authority determines is necessary to
15 service facilities required for operating the highway or
16 road, including rest areas and weigh stations.
17 (k) Paragraphs (c) and (d) of this Section shall not
18 apply to any accommodation located, placed or constructed
19 with the consent of the State highway authority upon, under
20 or along any non-toll federal-aid fully access-controlled
21 State highway prior to July 1, 1984, provided that
22 accommodation was otherwise in compliance with the rules,
23 regulations and specifications of the State highway
24 authority.
25 (l) Except as otherwise provided in this subsection, the
26 consent to be granted pursuant to this Section by the
27 appropriate highway authority shall be effective only to the
28 extent of the property interest of the State or government
29 unit served by that highway authority. Such consent shall not
30 be binding on any owner of the fee over or under which the
31 highway or road is located and shall not otherwise relieve
32 the entity granted that consent from obtaining by purchase,
33 condemnation or otherwise the necessary approval of any owner
34 of the fee over or under which the highway or road is
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1 located. This paragraph shall not be construed as a
2 limitation on the use for highway or road purposes of the
3 land or other property interests acquired by the public for
4 highway or road purposes, including the space under or above
5 such right-of-way.
6 Consent granted under this Section to a municipality or
7 other entity for the location, placement, or construction of
8 a public water supply, as defined in Section 3.28 of the
9 Environmental Protection Act, deemed by the appropriate
10 highway authority to be in the best interest of the public,
11 shall relieve that municipality or entity from obtaining by
12 purchase, condemnation, or otherwise the approval of any
13 owner of the fee over or under which the highway or road is
14 located for the location, placement, or construction of that
15 public water supply under and alongside that highway or road
16 for as long as it continues to be used for highway or road
17 purposes. Nothing in this subsection shall be construed as a
18 limitation or expansion of the provisions in Section 11-138-1
19 of the Illinois Municipal Code pertaining to the location,
20 placement, construction, maintenance, or operation of a
21 public water supply.
22 (Source: P.A. 85-540.)".