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| Public Act 103-0378 | ||||
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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. | ||||
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;
and | ||||
(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. | ||||
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, | ||
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. | ||
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, | ||
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 | ||
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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