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1 AN ACT concerning transportation.


2 Be it enacted by the People of the State of Illinois,

3represented in the General Assembly:



4 Section 1. Short title. This Act may be cited as the 
5Illinois Dig Once Act.

6 Section 5. Findings.
The General Assembly finds and 
7declares that:

8  (1) minimizing traffic interruptions caused by 
9 repeated excavation and other construction projects is 
10 important to preserving the public safety of individuals 
11 traveling on Illinois roadways;
and
12  (2) greater efficiency and coordination between the 
13 State, units of local government, utilities, and Internet 
14 service providers can help to alleviate costs.


15 Section 10. Definitions.
As used in this Act:
16 "Broadband infrastructure" means wires, cables, fiber 
17optic lines, conduit, pipe, innerduct, or microduct for fiber 
18optic or other cables that accommodate current or future 
19broadband and wireless facilities for broadband service.
20 "Underground utility facilities" has the meaning given to 
21that term in Section 2.2 of the Illinois Underground Utility 
22Facilities Damage Prevention Act.

 
 
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1 Section 15. Dig once.

2 (a) The Department of Transportation, the Illinois State 
3Toll Highway Authority, the Illinois Commerce Commission, and 
4the Department of Commerce and Economic Opportunity shall 
5consult with the State-Wide One-Call Notice System to jointly 
6develop rules for the design and construction of road, 
7highway, tollway, and expressway projects to reduce the need 
8for the relocation of public water and wastewater 
9infrastructure and to promote the deployment of broadband 
10infrastructure and underground utility facilities in an 
11efficient and competitively neutral process for all road, 
12highway, tollway, and expressway projects.
13 (b)
The rules shall identify a Dig Once Coordinator within 
14the Department of Commerce and Economic Opportunity that is 
15responsible for facilitating the broadband infrastructure and 
16underground utility facilities efforts in rights-of-way. The 
17Dig Once Coordinator may be an existing employee with other 
18responsibilities. 
19 (c) The rules shall not impair an entity's ability to 
20maintain or upgrade networks or respond to situations that 
21pose an imminent danger to life, health, or property or a 
22utility or broadband service outage, which requires repair or 
23action, including emergency excavation.
24 (d) This Act, or the rules adopted under this Act, are not 
25intended to delay the design or construction of road, highway, 
 
 
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1tollway, and expressway construction projects, and shall not 
2be construed to provide authority to approve, deny, or delay 
3broadband infrastructure projects or underground utility 
4facilities projects.

5 Section 20. Rulemaking.
The Department of Transportation, 
6the Illinois State Toll Highway Authority, the Illinois 
7Commerce Commission, and the Department of Commerce and 
8Economic Opportunity shall adopt the rules that were developed 
9under Section 15 in accordance with the Administrative 
10Procedure Act to implement this Act. The rules adopted under 
11this Act shall not conflict with the Illinois Underground 
12Utility Facilities Damage Prevention Act.


13 Section 900. The State Property Control Act is amended by 
14changing Section 7.2 as follows:




15 (30 ILCS 605/7.2) (from Ch. 127, par. 133b10.2)



16 Sec. 7.2. 
The Administrator, subject to the following 
17conditions, shall
have the authority to grant easements to 
18public utilities.

19 For purposes of this Act, "public utility" means and 
20includes every corporation,
company, association, joint stock 
21company or association, firm, partnership,
individual, or 
22other organization, their levees, trustees, or receiver 
23appointed
by any court whatsoever that owns, controls, 
 
 
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1operates, or manages, within
this State, directly or 
2indirectly, for public use, any plant, equipment,
or property 
3used or to be used for or in connection with, or owns or 
4controls
any franchise, license, permit, or right to engage 
5in:

6 a. the transportation of persons or property;

7 b. the transmission of telegraph or telephone messages 
8between points
within this State;

9 c. the production, storage, transmission, role, delivery, 
10or furnishing
of heat, cold, light, power, electricity, or 
11water;

12 d. the disposal of sewerage; or

13 e. the conveyance of oil or gas by pipe line; or .

14 f. the provision of broadband Internet service, cable 
15service, video service, or Voice Over Internet Protocol 
16service. 
17 A. Whenever any public utility makes an application for a 
18grant of an easement in,
over, or upon real property of the 
19State
of Illinois
for purposes of locating and maintaining 
20such utility, or such utility's wire, pipe, cable, fiber 
21conduit, or other facility or equipment, the Administrator,

22with the consent of the agency having jurisdiction over the 
23real property,
may grant such easement. The Administrator 
24shall determine whether or not
such is adverse to the 
25interests of the State of Illinois and shall impose
such 
26limitations on the grant as may be deemed necessary to protect 
 
 
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1the
interests of the State of Illinois. Such grant may be made 
2with or without
consideration.

3 B. The instrument granting the easement shall provide for 
4termination upon:

5 1. A failure to comply with any term or condition of the 
6grant; or

7 2. A nonuse of the easement for a consecutive 2 year period 
8for the purpose
granted; or

9 3. An abandonment of the easement.

10 Written notice of such termination shall be given to the 
11grantee effective
on the date of such notice.

12 C. The authority granted by this Section shall be in 
13addition to, and
shall not affect or be subject to any law 
14regarding granting of easements
on State lands.

15(Source: P.A. 82-1047.)