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| 1 | AN ACT concerning highways.
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| 2 | Be it enacted by the People of the State of Illinois,
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| 3 | represented in the General Assembly:
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| 4 | Section 5. The Illinois Highway Code is amended by adding | ||||||
| 5 | Section 9-119.6 as follows: | ||||||
| 6 | (605 ILCS 5/9-119.6 new) | ||||||
| 7 | Sec. 9-119.6. Switchgrass production permit. | ||||||
| 8 | (a) The Department may issue a switchgrass production | ||||||
| 9 | permit authorizing the planting and harvesting of switchgrass | ||||||
| 10 | on a specified right-of-way in this State. An owner or owner's | ||||||
| 11 | designee has priority until March 1 of each year to receive a | ||||||
| 12 | permit for the portion of right-of-way that is adjacent to the | ||||||
| 13 | owner's land and for which no permit is in effect. After March | ||||||
| 14 | 1 of each year, a permit may be issued to an applicant that is | ||||||
| 15 | not the owner of the land adjacent to the right-of-way for a | ||||||
| 16 | maximum distance of 5 miles. A permit issued under this | ||||||
| 17 | subsection may be valid for a period of 5 years, and the | ||||||
| 18 | Department must include the timeframe that the permit is valid | ||||||
| 19 | on every permit issued under this subsection. Commencement of | ||||||
| 20 | harvesting activity notice instructions must be included on | ||||||
| 21 | every permit under this subsection in accordance with paragraph | ||||||
| 22 | (1) of subsection (c) of this Section. The non-refundable | ||||||
| 23 | application fee for every permit under this subsection is $200, | ||||||
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| 1 | and all fees collected by the Department shall be deposited | ||||||
| 2 | into the Road Fund. | ||||||
| 3 | (b) An applicant for a permit in subsection (a) must: | ||||||
| 4 | (1) sign a release acknowledging that the applicant (i) | ||||||
| 5 | assumes all risk for the quality of the switchgrass | ||||||
| 6 | produced under the permit, (ii) assumes all liability for | ||||||
| 7 | accidents or injury that results from the activities | ||||||
| 8 | permitted by the Department, (iii) is liable for any damage | ||||||
| 9 | to the right-of-way described in paragraphs (3) and (4) of | ||||||
| 10 | subsection (c), and (iv) understands that the State or any | ||||||
| 11 | instrumentality thereof assumes no risk or liability for | ||||||
| 12 | the activities permitted by the Department; | ||||||
| 13 | (2) demonstrate proof that a liability insurance | ||||||
| 14 | policy in the amount of not less than $1,000,000 is in | ||||||
| 15 | force to cover any accident, damage, or loss that may occur | ||||||
| 16 | to persons or property as a result of the activities | ||||||
| 17 | permitted by the Department; and | ||||||
| 18 | (3) pay a non-refundable application fee of $200. | ||||||
| 19 | (c) The usage of a permit in subsection (a) is subject to | ||||||
| 20 | the following limitations: | ||||||
| 21 | (1) The permittee must give the Department 48 hours | ||||||
| 22 | notice prior to commencing any activities permitted by the | ||||||
| 23 | Department; | ||||||
| 24 | (2) The permittee must carry a copy of the permit at | ||||||
| 25 | all times while performing the activities permitted by the | ||||||
| 26 | Department; | ||||||
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| 1 | (3) The permittee may use the permit only when soil in | ||||||
| 2 | the right-of-way is dry enough to prevent rutting or other | ||||||
| 3 | similar type of damage to the right-of-way; and | ||||||
| 4 | (4) The permitee may not alter, damage, or remove any | ||||||
| 5 | right-of-way markers, land monuments, fences, signs, | ||||||
| 6 | trees, shrubbery or similar landscape vegetation, or other | ||||||
| 7 | highway features or structures. | ||||||
| 8 | (d) The Department may immediately terminate a permit in | ||||||
| 9 | subsection (a) issued to a permittee for failure to comply with | ||||||
| 10 | the use limitations of subsection (c). | ||||||
| 11 | (e) The Department or the permittee may cancel the permit | ||||||
| 12 | at any time upon 3 days written notice. | ||||||
| 13 | (f) The Department may promulgate rules for the | ||||||
| 14 | administration of this Section.
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