Bill Text: IL HB5966 | 2013-2014 | 98th General Assembly | Introduced

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Bill Title: Amends the Crossing of Railroad Right-of-way Act. Changes the short title to the Crossing and Encroachment of Railroad Right-of-way Act. Defines "encroachment" and "rail carrier". Makes changes to other definitions, including "utility". Removes the definition of "special circumstances" and removes all references to "special circumstances". Repeals provisions concerning dispute resolution if the parties cannot agree whether a special circumstance exists. Provides that a utility shall be deemed to have authorization to commence encroachment activity 35 days after the (i) mailing of the notice, (ii) completion of the engineering specifications, and (iii) payment of the fee. Provides that a utility that locates its facilities within the railroad right-of-way for an encroachment shall pay the rail carrier or land management company a one-time fee of $1,000 for the first 1,000 feet of encroachment and $1 per additional 1,000 feet of encroachment, unless otherwise agreed to by the parties. Makes changes in provisions concerning crossing and encroachment fees; powers not limited; conflicting provisions; and applicability. Makes other changes. Effective immediately.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2014-12-03 - Session Sine Die [HB5966 Detail]

Download: Illinois-2013-HB5966-Introduced.html

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98TH GENERAL ASSEMBLY State of Illinois 2013 and 2014 HB5966 Introduced , by Rep. Jay Hoffman SYNOPSIS AS INTRODUCED:
220 ILCS 70/1
220 ILCS 70/5
220 ILCS 70/10
220 ILCS 70/15
220 ILCS 70/20
220 ILCS 70/30
220 ILCS 70/35
220 ILCS 70/25 rep.
Amends the Crossing of Railroad Right-of-way Act. Changes the short title to the Crossing and Encroachment of Railroad Right-of-way Act. Defines "encroachment" and "rail carrier". Makes changes to other definitions, including "utility". Removes the definition of "special circumstances" and removes all references to "special circumstances". Repeals provisions concerning dispute resolution if the parties cannot agree whether a special circumstance exists. Provides that a utility shall be deemed to have authorization to commence encroachment activity 35 days after the (i) mailing of the notice, (ii) completion of the engineering specifications, and (iii) payment of the fee. Provides that a utility that locates its facilities within the railroad right-of-way for an encroachment shall pay the rail carrier or land management company a one-time fee of $1,000 for the first 1,000 feet of encroachment and $1 per additional 1,000 feet of encroachment, unless otherwise agreed to by the parties. Makes changes in provisions concerning crossing and encroachment fees; powers not limited; conflicting provisions; and applicability. Makes other changes. Effective immediately.
LRB098 20327 RPS 55773 b
FISCAL NOTE ACT MAY APPLY
A BILL FOR
HB5966 LRB098 20327 RPS 55773 b
AN ACT concerning regulation.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Crossing of Railroad Right-of-way Act is
amended by changing Sections 1, 5, 10, 15, 20, 30, and 35 as
follows:
(220 ILCS 70/1)
Sec. 1. Short title. This Act may be cited as the Crossing
and Encroachment of Railroad Right-of-way Act.
(Source: P.A. 96-595, eff. 8-18-09.)
(220 ILCS 70/5)
Sec. 5. Definitions. As used in this Act, unless the
context otherwise requires:
"Crossing" means the construction, operation, repair, or
maintenance of a facility over, under, along, or across a
railroad right-of-way by a utility when the right-of-way is
owned by a land management company or a rail carrier and not a
registered rail carrier.
"Direct expenses" includes, but is not limited to, any or
all of the following:
(1) The cost of inspecting and monitoring the crossing
site.

HB5966 - 2 - LRB098 20327 RPS 55773 b
(2) Administrative and engineering costs for review of
specifications and for entering a crossing on the
railroad's books, maps, and property records and other
reasonable administrative and engineering costs incurred
as a result of the crossing.
(3) Document and preparation fees associated with a
crossing, and any engineering specifications related to
the crossing.
(4) Damages assessed in connection with the rights
granted to a utility with respect to a crossing.
"Encroachment" means the construction, operation, repair,
or maintenance of a facility over, under, or along a railroad
right-of-way by a utility when the right-of-way is owned by a
rail carrier or a land management company, not to exceed 15,000
feet in length.
"Facility" means any cable, conduit, wire, pipe, casing
pipe, supporting poles and guys, manhole, or other material or
equipment, that is used by a utility to furnish any of the
following:
(1) Communications, video, or information services.
(2) Electricity.
(3) Gas by piped system.
(4) Sanitary and storm sewer service.
(5) Water by piped system.
"Land management company" means an entity that is the
owner, manager, or agent of a railroad right-of-way and is not

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a registered rail carrier.
"Rail carrier" has the meaning ascribed to that term in
Section 18c-1104 of the Illinois Vehicle Code.
"Railroad right-of-way" means one or more of the following:
(1) A right-of-way or other interest in real estate
that is owned or operated by a rail carrier or a land
management company and not a registered rail carrier.
(2) Any other interest in a former railroad
right-of-way that has been acquired or is operated by a
rail carrier or a land management company or similar
entity.
"Special circumstances" means either or both of the
following:
(1) The characteristics of a segment of a railroad
right-of-way not found in a typical segment of a railroad
right-of-way that enhance the value or increase the damages
or the engineering or construction expenses for the land
management company associated with a proposed crossing, or
to the current or reasonably anticipated use by a land
management company of the railroad right-of-way,
necessitating additional terms and conditions or
compensation associated with a crossing.
(2) Variances from the standard specifications
requested by the land management company.
"Special circumstances" may include, but is not limited to,
the railroad right-of-way segment's relationship to other

HB5966 - 4 - LRB098 20327 RPS 55773 b
property, location in urban or other developed areas, the
existence of unique topography or natural resources, or other
characteristics or dangers inherent in the particular crossing
or segment of the railroad right-of-way.
"Utility" shall include (1) public utilities as defined in
Section 3-105 of the Public Utilities Act and their affiliate
companies, (2) telecommunications carriers as defined in
Section 13-202 of the Public Utilities Act, (3) electric
cooperatives as defined in Section 3.4 of the Electric Supplier
Act, (4) telephone or telecommunications cooperatives as
defined in Section 13-212 of the Public Utilities Act, (5)
rural water or waste water systems with 10,000 connections or
less, (6) a holder as defined in Section 21-201 of the Public
Utilities Act, and (7) municipalities owning or operating
utility systems consisting of public utilities as that term is
defined in Section 11-117-2 of the Illinois Municipal Code.
(Source: P.A. 96-595, eff. 8-18-09.)
(220 ILCS 70/10)
Sec. 10. Terms and conditions for a crossing or
encroachment.
(a) After 30 days from (1) the mailing of the notice, (2)
completing the engineering specifications, and (3) payment of
the fee if applicable, the utility, absent a claim of special
circumstances, shall be deemed to have authorization to
commence the crossing activity.

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(a-5) The utility shall be deemed to have authorization to
commence the encroachment activity 35 days after the (i)
mailing of the notice, (ii) completion of the engineering
specifications, and (iii) payment of the fee.
(b) The rail carrier or the land management company and the
utility must maintain and repair its own property within the
railroad right-of-way and bear responsibility for its own acts
and omissions, except that the utility shall be responsible for
any bodily injury or property damage that typically would be
covered under a standard railroad protective liability
insurance policy.
(c) A utility shall have immediate access to a crossing and
an encroachment for repair and maintenance of existing
facilities in case of emergency.
(d) Applicable engineering standards shall be complied
with for utility facilities crossing or encroaching upon
railroad rights-of-way.
(e) The utility shall be provided an expedited crossing or
encroachment , absent a claim of special circumstances, after
payment by the utility of the standard crossing or encroachment
fee, if applicable, and submission of completed engineering
specifications to the rail carrier or land management company.
The engineering specifications shall address the applicable
clearance requirements as established by the National
Electrical Safety Code.
(f) The utility and the rail carrier or land management

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company may agree to other terms and conditions necessary to
provide for reasonable use of a railroad right-of-way by a
utility.
(Source: P.A. 96-595, eff. 8-18-09.)
(220 ILCS 70/15)
Sec. 15. Crossing and encroachment fees fee.
(a) Unless otherwise agreed by the parties and subject to
Section 20, a utility that locates its facilities within the
railroad right-of-way for a crossing, other than a crossing
along, over, or under a the public highway, street, road,
alley, or other public way roads of the State pursuant to the
Telephone Line Right of Way Act, shall pay the rail carrier or
land management company a one-time standard crossing fee of
$1,000 1,500 for each crossing.
(b) A utility that locates its facilities within the
railroad right-of-way for a crossing along, over, or under a
public highway, street, road, alley, or other public way shall
not pay the rail carrier or land management company any
crossing fee unless the rail carrier or land management company
owns the fee over or under which the public highway, street,
road, alley, or other public way is located. If the rail
carrier or land management company owns the fee over or under
which the public highway, street, road, alley, or other public
way is located, unless otherwise agreed by the parties and
subject to Section 20, the utility shall pay the rail carrier

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or land management company a one-time standard crossing fee of
$1,500 for each crossing. A rail carrier or land management
company claiming to own the fee over or under which the public
highway, street, road, alley, or other public way is located
shall produce a copy of the deed establishing its fee to the
utility within 30 days after the utility has made a written
request for the document. If a rail carrier or land management
company fails to produce a copy of the deed in response to such
a request, the utility shall be deemed to have authorization to
commence the crossing activity without the payment of any
crossing fee.
(c) Unless otherwise agreed by the parties and subject to
Section 20, a utility that locates its facilities within the
railroad right-of-way for an encroachment shall pay the rail
carrier or land management company a one-time fee of $1,000 for
the first 1,000 feet of encroachment and $1 per additional foot
of encroachment plus the costs associated with modifications to
existing insurance contracts of the utility and the land
management company.
(d) The standard crossing or encroachment fees fee shall be
in lieu of any license, permit, application, or any other fees
or charges to reimburse the rail carrier or land management
company for the direct expenses incurred by the rail carrier or
land management company as a result of the crossing or
encroachment.
(e) The utility shall also reimburse the rail carrier or

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land management company for any actual flagging expenses
associated with a crossing or encroachment in addition to the
standard crossing or encroachment fee.
(f) Utilities shall not be subject to application fees,
engineering review fees, permit fees, or any additional fees
not listed in this Act for crossing over or under a
right-of-way within public streets, roads, alleys, or other
public easements.
(Source: P.A. 96-595, eff. 8-18-09.)
(220 ILCS 70/20)
Sec. 20. Powers not limited.
(a) Notwithstanding Section 10, nothing shall prevent a
rail carrier or land management company and a utility from
otherwise negotiating the terms and conditions applicable to a
crossing or encroachment or the resolution of any disputes
relating to the crossing or encroachment.
(b) Notwithstanding subsection (a), this Section shall not
impair the authority of a utility to secure crossing or
encroachment rights by easement pursuant to the exercise of the
power of eminent domain.
(Source: P.A. 96-595, eff. 8-18-09.)
(220 ILCS 70/30)
Sec. 30. Conflicting provisions. Notwithstanding any
provision law to the contrary, this Act shall apply in all

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crossings and encroachments of railroad rights-of-way
involving a rail carrier or a land management company and a
utility and shall govern in the event of any conflict with any
other provision of law.
(Source: P.A. 96-595, eff. 8-18-09.)
(220 ILCS 70/35)
Sec. 35. Applicability. This Act applies to (i) a crossing
or encroachment commenced prior to the effective date of this
Act if an agreement concerning the crossing or encroachment has
expired or is terminated and (ii) a crossing or encroachment
commenced on or after the effective date of this Act.
(Source: P.A. 96-595, eff. 8-18-09.)
(220 ILCS 70/25 rep.)
Section 10. The Crossing of Railroad Right-of-way Act is
amended by repealing Section 25.
Section 99. Effective date. This Act takes effect upon
becoming law.