Full Text of SB1438 103rd General Assembly
SB1438sam001 103RD GENERAL ASSEMBLY | Sen. Rachel Ventura Filed: 3/24/2023
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| 1 | | AMENDMENT TO SENATE BILL 1438
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 1438 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 1. Short title. This Act may be cited as the | 5 | | Illinois Dig Once Act. | 6 | | Section 5. Findings.
The General Assembly finds and | 7 | | declares 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: |
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| 1 | | "Broadband infrastructure" means wires, cables, fiber | 2 | | optic lines, conduit, pipe, innerduct, or microduct for fiber | 3 | | optic or other cables that accommodate current or future | 4 | | broadband and wireless facilities for broadband service. | 5 | | "Underground utility facilities" has the meaning given to | 6 | | that term in Section 2.2 of the Illinois Underground Utility | 7 | | Facilities Damage Prevention Act. | 8 | | Section 15. Dig once.
| 9 | | (a) The Department of Transportation, the Illinois State | 10 | | Toll Highway Authority, the Illinois Commerce Commission, and | 11 | | the Department of Commerce and Economic Opportunity shall | 12 | | consult with the State-Wide One-Call Notice System to jointly | 13 | | develop rules for the design and construction of road, | 14 | | highway, tollway, and expressway projects to reduce the need | 15 | | for the relocation of public water and wastewater | 16 | | infrastructure and to promote the deployment of broadband | 17 | | infrastructure and underground utility facilities in an | 18 | | efficient and competitively neutral process for all road, | 19 | | highway, tollway, and expressway projects. | 20 | | (b)
The rules shall identify a Dig Once Coordinator within | 21 | | the Department of Commerce and Economic Opportunity that is | 22 | | responsible for facilitating the broadband infrastructure and | 23 | | underground utility facilities efforts in rights-of-way. The | 24 | | Dig Once Coordinator may be an existing employee with other | 25 | | responsibilities. |
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| 1 | | (c) The rules shall not impair an entity's ability to | 2 | | maintain or upgrade networks or respond to situations that | 3 | | pose an imminent danger to life, health, or property or a | 4 | | utility or broadband service outage, which requires repair or | 5 | | action, including emergency excavation. | 6 | | (d) This Act, or the rules adopted under this Act, are not | 7 | | intended to delay the design or construction of road, highway, | 8 | | tollway, and expressway construction projects, and shall not | 9 | | be construed to provide authority to approve, deny, or delay | 10 | | broadband infrastructure projects or underground utility | 11 | | facilities projects. | 12 | | Section 20. Rulemaking.
The Department of Transportation, | 13 | | the Illinois State Toll Highway Authority, the Illinois | 14 | | Commerce Commission, and the Department of Commerce and | 15 | | Economic Opportunity shall adopt the rules that were developed | 16 | | under Section 15 in accordance with the Administrative | 17 | | Procedure Act to implement this Act. The rules adopted under | 18 | | this Act shall not conflict with the Illinois Underground | 19 | | Utility Facilities Damage Prevention Act.
| 20 | | Section 900. The State Property Control Act is amended by | 21 | | changing Section 7.2 as follows:
| 22 | | (30 ILCS 605/7.2) (from Ch. 127, par. 133b10.2)
| 23 | | Sec. 7.2.
The Administrator, subject to the following |
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| 1 | | conditions, shall
have the authority to grant easements to | 2 | | public utilities.
| 3 | | For purposes of this Act , "public utility" means and | 4 | | includes every corporation,
company, association, joint stock | 5 | | company or association, firm, partnership,
individual, or | 6 | | other organization, their levees, trustees, or receiver | 7 | | appointed
by any court whatsoever that owns, controls, | 8 | | operates, or manages, within
this State, directly or | 9 | | indirectly, for public use, any plant, equipment,
or property | 10 | | used or to be used for or in connection with, or owns or | 11 | | controls
any franchise, license, permit, or right to engage | 12 | | in:
| 13 | | a. the transportation of persons or property;
| 14 | | b. the transmission of telegraph or telephone messages | 15 | | between points
within this State;
| 16 | | c. the production, storage, transmission, role, delivery, | 17 | | or furnishing
of heat, cold, light, power, electricity, or | 18 | | water;
| 19 | | d. the disposal of sewerage; or
| 20 | | e. the conveyance of oil or gas by pipe line ; or .
| 21 | | f. the provision of broadband Internet service, cable | 22 | | service, video service, or Voice Over Internet Protocol | 23 | | service. | 24 | | A. Whenever any public utility makes an application for a | 25 | | grant of an easement in,
over, or upon real property of the | 26 | | State
of Illinois
for purposes of locating and maintaining |
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| 1 | | such utility's wire, pipe, cable, fiber conduit, or other | 2 | | facility or equipment utility , the Administrator,
with the | 3 | | consent of the agency having jurisdiction over the real | 4 | | property,
may grant such easement. The Administrator shall | 5 | | determine whether or not
such is adverse to the interests of | 6 | | the State of Illinois and shall impose
such limitations on the | 7 | | grant as may be deemed necessary to protect the
interests of | 8 | | the State of Illinois. Such grant may be made with or without
| 9 | | consideration.
| 10 | | B. The instrument granting the easement shall provide for | 11 | | termination upon:
| 12 | | 1. A failure to comply with any term or condition of the | 13 | | grant; or
| 14 | | 2. A nonuse of the easement for a consecutive 2 year period | 15 | | for the purpose
granted; or
| 16 | | 3. An abandonment of the easement.
| 17 | | Written notice of such termination shall be given to the | 18 | | grantee effective
on the date of such notice.
| 19 | | C. The authority granted by this Section shall be in | 20 | | addition to, and
shall not affect or be subject to any law | 21 | | regarding granting of easements
on State lands.
| 22 | | (Source: P.A. 82-1047.)".
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