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


Sen. Rachel Ventura

Filed: 3/24/2023





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2    AMENDMENT NO. ______. Amend Senate Bill 1438 by replacing
3everything after the enacting clause with the following:
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:



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1    "Broadband infrastructure" means wires, cables, fiber
2optic lines, conduit, pipe, innerduct, or microduct for fiber
3optic or other cables that accommodate current or future
4broadband and wireless facilities for broadband service.
5    "Underground utility facilities" has the meaning given to
6that term in Section 2.2 of the Illinois Underground Utility
7Facilities Damage Prevention Act.
8    Section 15. Dig once.
9    (a) The Department of Transportation, the Illinois State
10Toll Highway Authority, the Illinois Commerce Commission, and
11the Department of Commerce and Economic Opportunity shall
12consult with the State-Wide One-Call Notice System to jointly
13develop rules for the design and construction of road,
14highway, tollway, and expressway projects to reduce the need
15for the relocation of public water and wastewater
16infrastructure and to promote the deployment of broadband
17infrastructure and underground utility facilities in an
18efficient and competitively neutral process for all road,
19highway, tollway, and expressway projects.
20    (b) The rules shall identify a Dig Once Coordinator within
21the Department of Commerce and Economic Opportunity that is
22responsible for facilitating the broadband infrastructure and
23underground utility facilities efforts in rights-of-way. The
24Dig Once Coordinator may be an existing employee with other



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1    (c) The rules shall not impair an entity's ability to
2maintain or upgrade networks or respond to situations that
3pose an imminent danger to life, health, or property or a
4utility or broadband service outage, which requires repair or
5action, including emergency excavation.
6    (d) This Act, or the rules adopted under this Act, are not
7intended to delay the design or construction of road, highway,
8tollway, and expressway construction projects, and shall not
9be construed to provide authority to approve, deny, or delay
10broadband infrastructure projects or underground utility
11facilities projects.
12    Section 20. Rulemaking. The Department of Transportation,
13the Illinois State Toll Highway Authority, the Illinois
14Commerce Commission, and the Department of Commerce and
15Economic Opportunity shall adopt the rules that were developed
16under Section 15 in accordance with the Administrative
17Procedure Act to implement this Act. The rules adopted under
18this Act shall not conflict with the Illinois Underground
19Utility Facilities Damage Prevention Act.
20    Section 900. The State Property Control Act is amended by
21changing 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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1conditions, shall have the authority to grant easements to
2public utilities.
3    For purposes of this Act, "public utility" means and
4includes every corporation, company, association, joint stock
5company or association, firm, partnership, individual, or
6other organization, their levees, trustees, or receiver
7appointed by any court whatsoever that owns, controls,
8operates, or manages, within this State, directly or
9indirectly, for public use, any plant, equipment, or property
10used or to be used for or in connection with, or owns or
11controls any franchise, license, permit, or right to engage
13    a. the transportation of persons or property;
14    b. the transmission of telegraph or telephone messages
15between points within this State;
16    c. the production, storage, transmission, role, delivery,
17or furnishing of heat, cold, light, power, electricity, or
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
22service, video service, or Voice Over Internet Protocol
24    A. Whenever any public utility makes an application for a
25grant of an easement in, over, or upon real property of the
26State of Illinois for purposes of locating and maintaining



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1such utility's wire, pipe, cable, fiber conduit, or other
2facility or equipment utility, the Administrator, with the
3consent of the agency having jurisdiction over the real
4property, may grant such easement. The Administrator shall
5determine whether or not such is adverse to the interests of
6the State of Illinois and shall impose such limitations on the
7grant as may be deemed necessary to protect the interests of
8the State of Illinois. Such grant may be made with or without
10    B. The instrument granting the easement shall provide for
11termination upon:
12    1. A failure to comply with any term or condition of the
13grant; or
14    2. A nonuse of the easement for a consecutive 2 year period
15for the purpose granted; or
16    3. An abandonment of the easement.
17    Written notice of such termination shall be given to the
18grantee effective on the date of such notice.
19    C. The authority granted by this Section shall be in
20addition to, and shall not affect or be subject to any law
21regarding granting of easements on State lands.
22(Source: P.A. 82-1047.)".