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Public Act 103-0378
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| SB1438 Enrolled | LRB103 29921 MXP 56334 b |
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AN ACT concerning transportation.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 1. Short title. This Act may be cited as the |
Illinois Dig Once Act.
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Section 5. Findings.
The General Assembly finds and |
declares that:
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(1) minimizing traffic interruptions caused by |
repeated excavation and other construction projects is |
important to preserving the public safety of individuals |
traveling on Illinois roadways;
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(2) greater efficiency and coordination between the |
State, units of local government, utilities, and Internet |
service providers can help to alleviate costs.
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Section 10. Definitions.
As used in this Act: |
"Broadband infrastructure" means wires, cables, fiber |
optic lines, conduit, pipe, innerduct, or microduct for fiber |
optic or other cables that accommodate current or future |
broadband and wireless facilities for broadband service. |
"Underground utility facilities" has the meaning given to |
that term in Section 2.2 of the Illinois Underground Utility |
Facilities Damage Prevention Act.
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Section 15. Dig once.
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(a) The Department of Transportation, the Illinois State |
Toll Highway Authority, the Illinois Commerce Commission, and |
the Department of Commerce and Economic Opportunity shall |
consult with the State-Wide One-Call Notice System to jointly |
develop rules for the design and construction of road, |
highway, tollway, and expressway projects to reduce the need |
for the relocation of public water and wastewater |
infrastructure and to promote the deployment of broadband |
infrastructure and underground utility facilities in an |
efficient and competitively neutral process for all road, |
highway, tollway, and expressway projects. |
(b)
The rules shall identify a Dig Once Coordinator within |
the Department of Commerce and Economic Opportunity that is |
responsible for facilitating the broadband infrastructure and |
underground utility facilities efforts in rights-of-way. The |
Dig Once Coordinator may be an existing employee with other |
responsibilities. |
(c) The rules shall not impair an entity's ability to |
maintain or upgrade networks or respond to situations that |
pose an imminent danger to life, health, or property or a |
utility or broadband service outage, which requires repair or |
action, including emergency excavation. |
(d) This Act, or the rules adopted under this Act, are not |
intended to delay the design or construction of road, highway, |
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tollway, and expressway construction projects, and shall not |
be construed to provide authority to approve, deny, or delay |
broadband infrastructure projects or underground utility |
facilities projects.
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Section 20. Rulemaking.
The Department of Transportation, |
the Illinois State Toll Highway Authority, the Illinois |
Commerce Commission, and the Department of Commerce and |
Economic Opportunity shall adopt the rules that were developed |
under Section 15 in accordance with the Administrative |
Procedure Act to implement this Act. The rules adopted under |
this Act shall not conflict with the Illinois Underground |
Utility Facilities Damage Prevention Act.
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Section 900. The State Property Control Act is amended by |
changing Section 7.2 as follows:
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(30 ILCS 605/7.2) (from Ch. 127, par. 133b10.2)
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Sec. 7.2.
The Administrator, subject to the following |
conditions, shall
have the authority to grant easements to |
public utilities.
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For purposes of this Act, "public utility" means and |
includes every corporation,
company, association, joint stock |
company or association, firm, partnership,
individual, or |
other organization, their levees, trustees, or receiver |
appointed
by any court whatsoever that owns, controls, |
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operates, or manages, within
this State, directly or |
indirectly, for public use, any plant, equipment,
or property |
used or to be used for or in connection with, or owns or |
controls
any franchise, license, permit, or right to engage |
in:
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a. the transportation of persons or property;
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b. the transmission of telegraph or telephone messages |
between points
within this State;
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c. the production, storage, transmission, role, delivery, |
or furnishing
of heat, cold, light, power, electricity, or |
water;
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d. the disposal of sewerage; or
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e. the conveyance of oil or gas by pipe line; or .
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f. the provision of broadband Internet service, cable |
service, video service, or Voice Over Internet Protocol |
service. |
A. Whenever any public utility makes an application for a |
grant of an easement in,
over, or upon real property of the |
State
of Illinois
for purposes of locating and maintaining |
such utility, or such utility's wire, pipe, cable, fiber |
conduit, or other facility or equipment, the Administrator,
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with the consent of the agency having jurisdiction over the |
real property,
may grant such easement. The Administrator |
shall determine whether or not
such is adverse to the |
interests of the State of Illinois and shall impose
such |
limitations on the grant as may be deemed necessary to protect |
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the
interests of the State of Illinois. Such grant may be made |
with or without
consideration.
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B. The instrument granting the easement shall provide for |
termination upon:
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1. A failure to comply with any term or condition of the |
grant; or
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2. A nonuse of the easement for a consecutive 2 year period |
for the purpose
granted; or
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3. An abandonment of the easement.
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Written notice of such termination shall be given to the |
grantee effective
on the date of such notice.
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C. The authority granted by this Section shall be in |
addition to, and
shall not affect or be subject to any law |
regarding granting of easements
on State lands.
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(Source: P.A. 82-1047.)
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