Public Act 099-0525
 
SB2241 EnrolledLRB099 15993 HLH 40310 b


  
    AN ACT concerning State government.
  
 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:
  
 
 
    Section 5. The Illinois Enterprise Zone Act is amended  by 
adding Section 9.3 as follows:
 
    (20 ILCS 655/9.3 new)
    Sec. 9.3. Railroad right-of-way.  Any business entity 
located in an enterprise zone shall be granted access to build 
facilities to cross a railroad right-of-way owned by a land 
management company and not a registered rail carrier for the 
purpose of conveyance of grain, aggregate, construction 
materials, and other commodities over, under, or across that 
right-of-way.  A business entity whose facilities cross a 
right-of-way shall pay the land management company operating 
the right-of-way a one time standard crossing fee of $1,500 for 
each crossing plus the cost associated with modifications to 
existing insurance contracts of the land management company.  
The standard crossing fee shall be in lieu of any license, 
permit, application, or any other fee or charges to reimburse 
the land management company for the direct expense incurred by 
the land management company as a result of the crossing.  The 
company shall also reimburse the land management company or 
rail carrier for any actual flagging expenses associated with 
the crossing in addition to the standard crossing fee.
 
    Section 10. The Crossing of Railroad
Right-of-way Act is 
amended by changing Sections 5 and  15 as follows:
 
    (220 ILCS 70/5)

    Sec. 5. Definitions. As used in this Act, unless the 
context otherwise
requires:


    "Crossing" means the construction, operation, repair, or 
maintenance of a
facility over, under, or across a railroad 
right-of-way by a utility when the right-of-way is owned by a 
land management company and not a registered rail carrier.

    "Direct expenses" includes, but is not limited to, any or 
all of the
following:


        (1) The cost of inspecting and monitoring the crossing 
    site.


        (2) Administrative and engineering costs for review of 
    specifications and
for
entering a crossing on the 
    railroad's books, maps, and property records and
other

    reasonable administrative and engineering costs incurred 
    as a result of the
crossing.


        (3) Document and preparation fees associated with a 
    crossing, and any
engineering specifications related to 
    the crossing.


        (4) Damages assessed in connection with the rights 
    granted to a utility with respect to a crossing.

    "Facility" means any cable, conduit, wire, pipe, casing 
pipe, supporting
poles
and guys, manhole, or other material or 
equipment, that is used by a utility to
furnish any of the 
following:


        (1) Communications, video, or information services.


        (2) Electricity.


        (3) Gas by piped system.


        (4) Sanitary and storm sewer service.


        (5) Water by piped system.


    "Land management company" means an entity that is the 
owner, manager, or agent of a railroad right-of-way and is not 
a registered rail carrier.

    "Railroad right-of-way" means one or more of the following:


        (1) A right-of-way or other interest in real estate 
    that is owned or
operated
by a land management company and 
    not a registered rail carrier.



        (2) Any other interest in a former railroad 
    right-of-way that has been
acquired or is operated by a 
    land management company or similar entity.

    "Special circumstances" means either or both of the 
following:


        (1) The characteristics of a segment of a railroad 
    right-of-way not found in a typical segment of a railroad 
    right-of-way that enhance the value or increase the damages 
    or the engineering or construction expenses for the land 
    management company associated with a proposed crossing, or 
    to the current or reasonably anticipated use by a land 
    management company of the railroad right-of-way, 
    necessitating additional terms and conditions or 
    compensation associated with a crossing.


        (2) Variances from the standard specifications 
    requested by the land management company.
    "Special circumstances" may include, but is not limited to, 
the railroad right-of-way segment's relationship to other 
property, location in urban or other developed areas, the 
existence of unique topography or natural resources, or other 
characteristics or dangers inherent in the particular crossing 
or segment of the railroad right-of-way.

    "Utility" shall include (1) public utilities as defined  in 
Section 3-105 of the Public Utilities
Act, (2) 
telecommunications carriers as  defined in Section 13-202 of the 
Public Utilities Act, (3) electric cooperatives as defined in 
Section 3.4 of the Electric Supplier Act, (4) telephone or 
telecommunications cooperatives as defined in Section 13-212 
of the Public Utilities Act, (5) rural water or waste water 
systems with 10,000 connections or less, (6) a holder as 
defined in Section 21-201 of the Public Utilities Act, and (7) 
municipalities owning or operating utility systems consisting 
of public utilities as that term is defined in Section 11-117-2 
of the Illinois Municipal Code, and (8) a cable operator that 
is issued a cable television franchise by the municipality or 
county pursuant to Section 11-42-11 of the Illinois Municipal 
Code or Section 5-1095 of the Counties Code.

(Source: P.A. 96-595, eff. 8-18-09.)
 
    (220 ILCS 70/15)

    Sec. 15. Crossing fee. Unless otherwise agreed by the 
parties and subject to Section 20, a
utility that locates its 
facilities within the railroad right-of-way for a
crossing, 
other than a
crossing along the public roads of the State 
pursuant to the Telephone Line
Right of Way
Act, shall pay the 
land management company a one-time standard crossing fee of 
$1,500 for each
crossing plus the costs associated with 
modifications to existing insurance contracts of the utility 
and the land management company.
The standard crossing fee 
shall be in lieu of any license, permit, application, or any 
other fees or
charges to
reimburse the land management company 
for the direct expenses incurred by the land management company 
as a
result of the
crossing. The utility shall also reimburse 
the land management company or rail carrier for any actual

flagging
expenses associated with a crossing in addition to the 
standard crossing fee.

(Source: P.A. 96-595, eff. 8-18-09.)
 
 
    Section 99. Effective date. This Act takes effect upon 
becoming law.