Full Text of SB1731 93rd General Assembly
SB1731sam001 93RD GENERAL ASSEMBLY
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Sen. William R. Haine
Filed: 3/19/2004
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| AMENDMENT TO SENATE BILL 1731
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| AMENDMENT NO. ______. Amend Senate Bill 1731 by replacing | 3 |
| everything after the enacting clause with the following:
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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 |
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| granted to a public
utility with respect to a crossing.
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| "Facility" means any cable, conduit, wire, pipe, casing | 3 |
| pipe, supporting
poles
and guys, manhole, or other material or | 4 |
| equipment, that is used by a public
utility to
furnish any of | 5 |
| 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 | 12 |
| Public Utilities
Act.
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| "Railroad" or "railroad corporation" means a railroad | 14 |
| corporation that is the
owner, operator, occupant, manager, or | 15 |
| agent of a railroad right-of-way or the
railroad
corporation's | 16 |
| successor in interest.
"Railroad" and "railroad corporation" | 17 |
| 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 | 20 |
| that is owned or
operated
by a railroad corporation, the | 21 |
| 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 | 24 |
| that is occupied or
managed by or on behalf of a railroad | 25 |
| corporation, the trustees of a railroad
corporation, or the | 26 |
| successor in interest of a railroad corporation, including
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| an
abandoned railroad right-of-way that has not otherwise | 28 |
| reverted.
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| (3) Any other interest in a former railroad | 30 |
| right-of-way that has been
acquired or is operated by a | 31 |
| land management company or similar entity.
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| "Special circumstances" means either or both of the | 33 |
| following:
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| (1) The existence of characteristics of a segment of |
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| railroad right-of-way
or of a proposed utility facility | 2 |
| 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 | 5 |
| imminent
likelihood of danger to the public health or | 6 |
| safety or that is a serious
threat to the
safe operations | 7 |
| of the railroad or to the current use of the railroad
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| right-of-way,
necessitating additional terms and | 9 |
| 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 | 12 |
| prior to the commencement of any crossing
activity shall not | 13 |
| exceed 30 days.
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| (b) The railroad and the public utility must maintain
and | 15 |
| repair its own property within the railroad right-of-way and | 16 |
| bear
responsibility for its own acts and omissions, except that | 17 |
| the public
utility shall be responsible for any bodily injury | 18 |
| or property damage that
typically
would be covered under a | 19 |
| standard railroad protective liability insurance
policy.
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| (c) A public utility shall have immediate access to a | 21 |
| crossing for repair and maintenance of existing
facilities in | 22 |
| case of emergency.
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| (d) Applicable engineering standards shall be complied | 24 |
| with for utility facilities crossing railroad rights-of-way.
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| (e) The public utility shall be provided an expedited | 26 |
| crossing, absent a claim of special
circumstances, after | 27 |
| payment by the public utility of the standard crossing
fee, if
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| applicable, and submission of completed engineering | 29 |
| specifications to the
railroad.
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| (f) The public utility and the railroad may agree to other | 31 |
| terms and conditions necessary to provide for reasonable use of | 32 |
| a railroad right-of-way by a public utility.
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| (g) The Commission may adopt rules prescribing terms and |
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| conditions in addition to those contained in this Section for a | 2 |
| crossing to ensure that any crossing be consistent with the | 3 |
| public convenience and
necessity and
reasonable service to the | 4 |
| public.
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| Section 15. Crossing fee. Unless otherwise agreed by the | 6 |
| parties and subject to Section 20, a
public
utility that | 7 |
| 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 | 9 |
| State pursuant to the Telephone Line
Right of Way
Act, shall | 10 |
| pay the railroad a one-time standard crossing fee of $750 for | 11 |
| each
crossing plus the costs associated with modifications to | 12 |
| existing insurance contracts of the public utility and the | 13 |
| railroad.
The standard crossing fee shall be in lieu of any | 14 |
| license or any other fees or
charges to
reimburse the railroad | 15 |
| for the direct expenses incurred by the railroad as a
result of | 16 |
| the
crossing. The public utility shall also reimburse the | 17 |
| railroad for any actual
flagging
expenses associated with a | 18 |
| crossing in addition to the standard crossing fee. | 19 |
| Section 20. Powers not limited.
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| (a) Notwithstanding Section 10, rules adopted by the | 21 |
| Commission shall not
prevent a railroad and a public utility | 22 |
| from otherwise negotiating the terms
and conditions
applicable | 23 |
| 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 | 26 |
| impair the
authority
of a public utility to secure crossing | 27 |
| rights by easement pursuant to the
exercise of the
power of | 28 |
| eminent domain.
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| Section 25. Special circumstances.
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| (a) A railroad or public utility that believes special | 31 |
| circumstances exist
for a
particular crossing may petition the |
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| Commission for relief. If a petition for relief is filed,
the | 2 |
| Commission shall determine whether special circumstances exist | 3 |
| that
necessitate
either a modification of the direct expenses | 4 |
| to be paid or the need for
additional terms
and conditions. The | 5 |
| Commission may make any necessary findings of fact and
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| determinations related to the existence of special | 7 |
| circumstances, as well as
any relief to
be granted. A | 8 |
| 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 | 10 |
| with respect to a
crossing, shall be
considered final agency | 11 |
| action subject to judicial review under the
Administrative
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| Review Law. The Commission shall assess the costs associated | 13 |
| with a petition
for relief
equitably against the parties.
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| (b) A railroad or public utility that claims to be | 15 |
| aggrieved by a
determination of
the Commission on the issue of | 16 |
| damages for the rights granted to a public
utility with
respect | 17 |
| 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 | 20 |
| Commission
resolution of a claim of special circumstances | 21 |
| raised in a petition, a public
utility may,
upon securing the | 22 |
| payment of any damages and upon submission of completed
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| engineering specifications to the railroad, proceed with a | 24 |
| crossing in
accordance with the
rules adopted by the | 25 |
| Commission, unless the Commission, upon application for
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| emergency relief, determines that there is a reasonable | 27 |
| likelihood that either
of the
following conditions exist:
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| (1) That the proposed crossing involves a significant | 29 |
| and imminent
likelihood of danger to the public health or | 30 |
| safety.
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| (2) That the proposed crossing is a serious threat to | 32 |
| the safe operations
of
the railroad or to the current use | 33 |
| of the railroad right-of-way.
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| If the Commission determines that there is a reasonable | 2 |
| likelihood that the
proposed crossing meets either condition, | 3 |
| then the Commission shall immediately
intervene to prevent the | 4 |
| crossing until a factual determination is made.
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| Section 35. Conflicting provisions. Notwithstanding any | 6 |
| provision law to the
contrary, this Act shall apply in all | 7 |
| crossings of railroad rights-of-way
involving a public
utility | 8 |
| and shall govern in the event of any conflict with any other | 9 |
| provision
of law.
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| Section 40. Applicability. This Act applies to (i) a | 11 |
| crossing commenced prior
to
the effective date of this Act if | 12 |
| an agreement concerning the crossing has
expired or is
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| terminated and (ii) a crossing commenced on or after the | 14 |
| effective date of this
Act.".
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