Full Text of SB0467 94th General Assembly
SB0467sam001 94TH GENERAL ASSEMBLY
|
Sen. William R. Haine
Filed: 4/7/2005
|
|
09400SB0467sam001 |
|
LRB094 09486 MKM 44558 a |
|
| 1 |
| AMENDMENT TO SENATE BILL 467
| 2 |
| AMENDMENT NO. ______. Amend Senate Bill 467 by replacing | 3 |
| everything after the enacting clause with the following:
| 4 |
| "Section 5. The Public Utilities Act is amended by adding | 5 |
| Section 13-714 as follows: | 6 |
| (220 ILCS 5/13-714 new) | 7 |
| Sec. 13-714. Crossing of railroad right-of-way.
| 8 |
| (a) As used in this Section, unless the context otherwise
| 9 |
| requires: | 10 |
| "Crossing" means the construction, operation, repair, or | 11 |
| maintenance of a
facility over, under, or across a railroad | 12 |
| right-of-way by a telecommunications carrier. | 13 |
| "Direct expenses" includes, but is not limited to, any or | 14 |
| all of the
following: | 15 |
| (1) The cost of inspecting and monitoring the crossing | 16 |
| site. | 17 |
| (2) Administrative and engineering costs for review of | 18 |
| specifications and
for
entering a crossing on the | 19 |
| railroad's books, maps, and property records and
other
| 20 |
| reasonable administrative and engineering costs incurred | 21 |
| as a result of the
crossing. | 22 |
| (3) Document and preparation fees associated with a | 23 |
| crossing, and any
engineering specifications related to | 24 |
| the crossing. |
|
|
|
09400SB0467sam001 |
- 2 - |
LRB094 09486 MKM 44558 a |
|
| 1 |
| (4) Damages assessed in connection with the rights | 2 |
| granted to a telecommunications carrier with respect to a | 3 |
| crossing. | 4 |
| "Facility" means any cable, conduit, wire, pipe, casing | 5 |
| pipe, supporting
poles
and guys, manhole, or other material or | 6 |
| equipment, that is used by a telecommunications carrier to
| 7 |
| furnish communications services. | 8 |
| "Railroad" or "railroad corporation" means (i) a railroad | 9 |
| corporation that is the
owner, operator, occupant, manager, or | 10 |
| agent of a railroad right-of-way or the
railroad
corporation's | 11 |
| successor in interest and (ii) a "transportation system", as | 12 |
| defined in Section 2 of the Metropolitan Transportation | 13 |
| Authority Act.
"Railroad" and "railroad corporation" includes | 14 |
| an
interurban railway. | 15 |
| "Railroad right-of-way" means one or more of the following: | 16 |
| (1) A fee, easement, right-of-way, license, or | 17 |
| interest in real estate on which a railroad is located or | 18 |
| on which a located was located in the past.
| 19 |
| (2) 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
| 22 |
| interest of a railroad corporation. | 23 |
| (3) 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
| 27 |
| an
abandoned railroad right-of-way that has not otherwise | 28 |
| reverted. | 29 |
| (4) 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. | 32 |
| "Special circumstances" means either or both of the | 33 |
| following: | 34 |
| (1) The existence of unique characteristics of a |
|
|
|
09400SB0467sam001 |
- 3 - |
LRB094 09486 MKM 44558 a |
|
| 1 |
| segment of railroad right-of-way
or of a proposed utility | 2 |
| facility that increases the direct expenses associated
| 3 |
| with a
proposed crossing. | 4 |
| (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
| 8 |
| right-of-way,
necessitating additional terms and | 9 |
| conditions associated with the crossing. | 10 |
| (b) Notification by a telecommunications carrier to a | 11 |
| railroad required prior to the commencement of any crossing
| 12 |
| activity shall not exceed 30 days.
| 13 |
| (c) The railroad and the telecommunications carrier must | 14 |
| maintain and
repair its own property within the railroad | 15 |
| right-of-way and
bear responsibility for its own acts and | 16 |
| omissions. | 17 |
| (d) A telecommunications carrier shall have immediate | 18 |
| access to a
crossing for repair and maintenance of existing | 19 |
| facilities in
case of emergency. | 20 |
| (e) Applicable engineering standards shall be complied
| 21 |
| with for facilities crossing railroad rights-of-way. | 22 |
| (f) The telecommunications carrier shall be provided an | 23 |
| expedited
crossing, absent a claim of special circumstances, | 24 |
| after
payment by the telecommunications carrier of the standard | 25 |
| crossing fee, if
applicable, and submission of completed | 26 |
| engineering
specifications to the railroad. | 27 |
| (g) The telecommunications carrier and the railroad may | 28 |
| agree to other
terms and conditions necessary to provide for | 29 |
| reasonable use of
a railroad right-of-way by a | 30 |
| telecommunications carrier. | 31 |
| (h) The Commission shall adopt rules prescribing terms and
| 32 |
| conditions in addition to those contained in this Section for a
| 33 |
| crossing to ensure that any crossing be consistent with the
| 34 |
| public convenience and necessity and reasonable service to the
|
|
|
|
09400SB0467sam001 |
- 4 - |
LRB094 09486 MKM 44558 a |
|
| 1 |
| public.
| 2 |
| (i) Unless otherwise agreed by the
parties and subject to | 3 |
| subsection (j), a telecommunications carrier that
locates its | 4 |
| facilities within the railroad right-of-way for a
crossing, | 5 |
| other than a crossing along the public roads of the
State | 6 |
| pursuant to the Telephone Line Right of Way Act, shall
pay the | 7 |
| railroad a one-time standard crossing fee of $1,000 for
each | 8 |
| crossing. The standard crossing fee shall be in lieu of any
| 9 |
| license or any other fees or charges to reimburse the railroad
| 10 |
| for the direct expenses incurred by the railroad as a result of
| 11 |
| the crossing. The telecommunications carrier shall also | 12 |
| reimburse the
railroad for any actual flagging expenses | 13 |
| associated with a
crossing in addition to the standard crossing | 14 |
| fee.
| 15 |
| (j) Notwithstanding subsections (b) through (h), rules | 16 |
| adopted by the
Commission shall not prevent a railroad and a | 17 |
| telecommunications carrier
from otherwise negotiating the | 18 |
| terms and conditions applicable
to a crossing or the resolution | 19 |
| of any disputes relating to the
crossing. | 20 |
| (k) Notwithstanding subsection (j), This Section shall not
| 21 |
| impair the authority of a telecommunications carrier to secure | 22 |
| crossing
rights by easement pursuant to the exercise of the | 23 |
| power of
eminent domain.
| 24 |
| (l) A railroad or telecommunications carrier that believes | 25 |
| special
circumstances exist for a particular crossing may | 26 |
| petition the
Commission for relief. If a petition for relief is | 27 |
| filed, the
Commission shall determine whether special | 28 |
| circumstances exist
that necessitate either a modification of | 29 |
| the direct expenses
to be paid or the need for additional terms | 30 |
| and conditions. The
Commission may make any necessary findings | 31 |
| of fact and
determinations related to the existence of special
| 32 |
| circumstances, as well as any relief to be granted. A
final | 33 |
| determination of the Commission on
the issue of special | 34 |
| circumstances shall be considered final agency
action subject |
|
|
|
09400SB0467sam001 |
- 5 - |
LRB094 09486 MKM 44558 a |
|
| 1 |
| to judicial review under the Administrative
Review Law. The | 2 |
| Commission shall assess the costs associated
with a petition | 3 |
| for relief equitably against the parties.
| 4 |
| (m) Pending
Commission resolution of a claim of special | 5 |
| circumstances
raised in a petition, a telecommunications | 6 |
| carrier may, upon securing the
payment of the standard fee and | 7 |
| upon submission of completed
engineering specifications to the | 8 |
| railroad, proceed with a
crossing in accordance with the rules | 9 |
| adopted by the
Commission, unless the Commission, upon | 10 |
| application for
emergency relief, determines that there is a | 11 |
| reasonable
likelihood that either of the following conditions | 12 |
| exist: | 13 |
| (1) That the proposed crossing involves a significant
| 14 |
| and imminent likelihood of danger to the public health or
| 15 |
| safety. | 16 |
| (2) That the proposed crossing is a serious threat to
| 17 |
| the safe operations of the railroad or to the current use
| 18 |
| of the railroad right-of-way. | 19 |
| If the Commission determines that there is a reasonable
| 20 |
| likelihood that the proposed crossing meets either condition,
| 21 |
| then the Commission shall immediately intervene to prevent the
| 22 |
| crossing until a factual determination is made.
| 23 |
| (o) Notwithstanding any
provision law to the contrary, this | 24 |
| Act shall apply in all
crossings of railroad rights-of-way | 25 |
| involving a telecommunications carrier
and shall govern in the | 26 |
| event of any conflict with any other
provision of law.
| 27 |
| (p) This Section applies to (i) a
crossing commenced prior | 28 |
| to the effective date of this Section if
an agreement | 29 |
| concerning the crossing has expired or is
terminated and (ii) a | 30 |
| crossing commenced on or after the
effective date of this | 31 |
| Section. ".
|
|