Illinois General Assembly - Full Text of SB1438
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Full Text of SB1438  103rd General Assembly




SB1438 EnrolledLRB103 29921 MXP 56334 b

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
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,



SB1438 Enrolled- 3 -LRB103 29921 MXP 56334 b

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
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
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
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.)