Illinois 2023-2024 Regular Session

Illinois Senate Bill SB1438 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	Public Act 103-0378
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3	2		SB1438 Enrolled LRB103 29921 MXP 56334 b
4		-	AN ACT concerning transportation.
5		-	Be it enacted by the People of the State of Illinois,
6		-	represented in the General Assembly:
7		-	Section 1. Short title. This Act may be cited as the
8		-	Illinois Dig Once Act.
9		-	Section 5. Findings. The General Assembly finds and
10		-	declares that:
11		-	(1) minimizing traffic interruptions caused by
12		-	repeated excavation and other construction projects is
13		-	important to preserving the public safety of individuals
14		-	traveling on Illinois roadways; and
15		-	(2) greater efficiency and coordination between the
16		-	State, units of local government, utilities, and Internet
17		-	service providers can help to alleviate costs.
18		-	Section 10. Definitions. As used in this Act:
19		-	"Broadband infrastructure" means wires, cables, fiber
20		-	optic lines, conduit, pipe, innerduct, or microduct for fiber
21		-	optic or other cables that accommodate current or future
22		-	broadband and wireless facilities for broadband service.
23		-	"Underground utility facilities" has the meaning given to
24		-	that term in Section 2.2 of the Illinois Underground Utility
25		-	Facilities Damage Prevention Act.
	3	+	1 AN ACT concerning transportation.
	4	+	2 Be it enacted by the People of the State of Illinois,
	5	+	3 represented in the General Assembly:
	6	+	4 Section 1. Short title. This Act may be cited as the
	7	+	5 Illinois Dig Once Act.
	8	+	6 Section 5. Findings. The General Assembly finds and
	9	+	7 declares that:
	10	+	8 (1) minimizing traffic interruptions caused by
	11	+	9 repeated excavation and other construction projects is
	12	+	10 important to preserving the public safety of individuals
	13	+	11 traveling on Illinois roadways; and
	14	+	12 (2) greater efficiency and coordination between the
	15	+	13 State, units of local government, utilities, and Internet
	16	+	14 service providers can help to alleviate costs.
	17	+	15 Section 10. Definitions. As used in this Act:
	18	+	16 "Broadband infrastructure" means wires, cables, fiber
	19	+	17 optic lines, conduit, pipe, innerduct, or microduct for fiber
	20	+	18 optic or other cables that accommodate current or future
	21	+	19 broadband and wireless facilities for broadband service.
	22	+	20 "Underground utility facilities" has the meaning given to
	23	+	21 that term in Section 2.2 of the Illinois Underground Utility
	24	+	22 Facilities Damage Prevention Act.
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27	26
28	27
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32		-	Section 15. Dig once.
33		-	(a) The Department of Transportation, the Illinois State
34		-	Toll Highway Authority, the Illinois Commerce Commission, and
35		-	the Department of Commerce and Economic Opportunity shall
36		-	consult with the State-Wide One-Call Notice System to jointly
37		-	develop rules for the design and construction of road,
38		-	highway, tollway, and expressway projects to reduce the need
39		-	for the relocation of public water and wastewater
40		-	infrastructure and to promote the deployment of broadband
41		-	infrastructure and underground utility facilities in an
42		-	efficient and competitively neutral process for all road,
43		-	highway, tollway, and expressway projects.
44		-	(b) The rules shall identify a Dig Once Coordinator within
45		-	the Department of Commerce and Economic Opportunity that is
46		-	responsible for facilitating the broadband infrastructure and
47		-	underground utility facilities efforts in rights-of-way. The
48		-	Dig Once Coordinator may be an existing employee with other
49		-	responsibilities.
50		-	(c) The rules shall not impair an entity's ability to
51		-	maintain or upgrade networks or respond to situations that
52		-	pose an imminent danger to life, health, or property or a
53		-	utility or broadband service outage, which requires repair or
54		-	action, including emergency excavation.
55		-	(d) This Act, or the rules adopted under this Act, are not
56		-	intended to delay the design or construction of road, highway,
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	32	+	SB1438 Enrolled - 2 - LRB103 29921 MXP 56334 b
	33	+	1 Section 15. Dig once.
	34	+	2 (a) The Department of Transportation, the Illinois State
	35	+	3 Toll Highway Authority, the Illinois Commerce Commission, and
	36	+	4 the Department of Commerce and Economic Opportunity shall
	37	+	5 consult with the State-Wide One-Call Notice System to jointly
	38	+	6 develop rules for the design and construction of road,
	39	+	7 highway, tollway, and expressway projects to reduce the need
	40	+	8 for the relocation of public water and wastewater
	41	+	9 infrastructure and to promote the deployment of broadband
	42	+	10 infrastructure and underground utility facilities in an
	43	+	11 efficient and competitively neutral process for all road,
	44	+	12 highway, tollway, and expressway projects.
	45	+	13 (b) The rules shall identify a Dig Once Coordinator within
	46	+	14 the Department of Commerce and Economic Opportunity that is
	47	+	15 responsible for facilitating the broadband infrastructure and
	48	+	16 underground utility facilities efforts in rights-of-way. The
	49	+	17 Dig Once Coordinator may be an existing employee with other
	50	+	18 responsibilities.
	51	+	19 (c) The rules shall not impair an entity's ability to
	52	+	20 maintain or upgrade networks or respond to situations that
	53	+	21 pose an imminent danger to life, health, or property or a
	54	+	22 utility or broadband service outage, which requires repair or
	55	+	23 action, including emergency excavation.
	56	+	24 (d) This Act, or the rules adopted under this Act, are not
	57	+	25 intended to delay the design or construction of road, highway,
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58	59
59		-	tollway, and expressway construction projects, and shall not
60		-	be construed to provide authority to approve, deny, or delay
61		-	broadband infrastructure projects or underground utility
62		-	facilities projects.
63		-	Section 20. Rulemaking. The Department of Transportation,
64		-	the Illinois State Toll Highway Authority, the Illinois
65		-	Commerce Commission, and the Department of Commerce and
66		-	Economic Opportunity shall adopt the rules that were developed
67		-	under Section 15 in accordance with the Administrative
68		-	Procedure Act to implement this Act. The rules adopted under
69		-	this Act shall not conflict with the Illinois Underground
70		-	Utility Facilities Damage Prevention Act.
71		-	Section 900. The State Property Control Act is amended by
72		-	changing Section 7.2 as follows:
73		-	(30 ILCS 605/7.2) (from Ch. 127, par. 133b10.2)
74		-	Sec. 7.2. The Administrator, subject to the following
75		-	conditions, shall have the authority to grant easements to
76		-	public utilities.
77		-	For purposes of this Act, "public utility" means and
78		-	includes every corporation, company, association, joint stock
79		-	company or association, firm, partnership, individual, or
80		-	other organization, their levees, trustees, or receiver
81		-	appointed by any court whatsoever that owns, controls,
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84		-	operates, or manages, within this State, directly or
85		-	indirectly, for public use, any plant, equipment, or property
86		-	used or to be used for or in connection with, or owns or
87		-	controls any franchise, license, permit, or right to engage
88		-	in:
89		-	a. the transportation of persons or property;
90		-	b. the transmission of telegraph or telephone messages
91		-	between points within this State;
92		-	c. the production, storage, transmission, role, delivery,
93		-	or furnishing of heat, cold, light, power, electricity, or
94		-	water;
95		-	d. the disposal of sewerage; or
96		-	e. the conveyance of oil or gas by pipe line; or .
97		-	f. the provision of broadband Internet service, cable
98		-	service, video service, or Voice Over Internet Protocol
99		-	service.
100		-	A. Whenever any public utility makes an application for a
101		-	grant of an easement in, over, or upon real property of the
102		-	State of Illinois for purposes of locating and maintaining
103		-	such utility, or such utility's wire, pipe, cable, fiber
104		-	conduit, or other facility or equipment, the Administrator,
105		-	with the consent of the agency having jurisdiction over the
106		-	real property, may grant such easement. The Administrator
107		-	shall determine whether or not such is adverse to the
108		-	interests of the State of Illinois and shall impose such
109		-	limitations on the grant as may be deemed necessary to protect
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112		-	the interests of the State of Illinois. Such grant may be made
113		-	with or without consideration.
114		-	B. The instrument granting the easement shall provide for
115		-	termination upon:
116		-	1. A failure to comply with any term or condition of the
117		-	grant; or
118		-	2. A nonuse of the easement for a consecutive 2 year period
119		-	for the purpose granted; or
120		-	3. An abandonment of the easement.
121		-	Written notice of such termination shall be given to the
122		-	grantee effective on the date of such notice.
123		-	C. The authority granted by this Section shall be in
124		-	addition to, and shall not affect or be subject to any law
125		-	regarding granting of easements on State lands.
126		-	(Source: P.A. 82-1047.)
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	68	+	1 tollway, and expressway construction projects, and shall not
	69	+	2 be construed to provide authority to approve, deny, or delay
	70	+	3 broadband infrastructure projects or underground utility
	71	+	4 facilities projects.
	72	+	5 Section 20. Rulemaking. The Department of Transportation,
	73	+	6 the Illinois State Toll Highway Authority, the Illinois
	74	+	7 Commerce Commission, and the Department of Commerce and
	75	+	8 Economic Opportunity shall adopt the rules that were developed
	76	+	9 under Section 15 in accordance with the Administrative
	77	+	10 Procedure Act to implement this Act. The rules adopted under
	78	+	11 this Act shall not conflict with the Illinois Underground
	79	+	12 Utility Facilities Damage Prevention Act.
	80	+	13 Section 900. The State Property Control Act is amended by
	81	+	14 changing Section 7.2 as follows:
	82	+	15 (30 ILCS 605/7.2) (from Ch. 127, par. 133b10.2)
	83	+	16 Sec. 7.2. The Administrator, subject to the following
	84	+	17 conditions, shall have the authority to grant easements to
	85	+	18 public utilities.
	86	+	19 For purposes of this Act, "public utility" means and
	87	+	20 includes every corporation, company, association, joint stock
	88	+	21 company or association, firm, partnership, individual, or
	89	+	22 other organization, their levees, trustees, or receiver
	90	+	23 appointed by any court whatsoever that owns, controls,
	91	+
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	101	+	1 operates, or manages, within this State, directly or
	102	+	2 indirectly, for public use, any plant, equipment, or property
	103	+	3 used or to be used for or in connection with, or owns or
	104	+	4 controls any franchise, license, permit, or right to engage
	105	+	5 in:
	106	+	6 a. the transportation of persons or property;
	107	+	7 b. the transmission of telegraph or telephone messages
	108	+	8 between points within this State;
	109	+	9 c. the production, storage, transmission, role, delivery,
	110	+	10 or furnishing of heat, cold, light, power, electricity, or
	111	+	11 water;
	112	+	12 d. the disposal of sewerage; or
	113	+	13 e. the conveyance of oil or gas by pipe line; or .
	114	+	14 f. the provision of broadband Internet service, cable
	115	+	15 service, video service, or Voice Over Internet Protocol
	116	+	16 service.
	117	+	17 A. Whenever any public utility makes an application for a
	118	+	18 grant of an easement in, over, or upon real property of the
	119	+	19 State of Illinois for purposes of locating and maintaining
	120	+	20 such utility, or such utility's wire, pipe, cable, fiber
	121	+	21 conduit, or other facility or equipment, the Administrator,
	122	+	22 with the consent of the agency having jurisdiction over the
	123	+	23 real property, may grant such easement. The Administrator
	124	+	24 shall determine whether or not such is adverse to the
	125	+	25 interests of the State of Illinois and shall impose such
	126	+	26 limitations on the grant as may be deemed necessary to protect
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	137	+	1 the interests of the State of Illinois. Such grant may be made
	138	+	2 with or without consideration.
	139	+	3 B. The instrument granting the easement shall provide for
	140	+	4 termination upon:
	141	+	5 1. A failure to comply with any term or condition of the
	142	+	6 grant; or
	143	+	7 2. A nonuse of the easement for a consecutive 2 year period
	144	+	8 for the purpose granted; or
	145	+	9 3. An abandonment of the easement.
	146	+	10 Written notice of such termination shall be given to the
	147	+	11 grantee effective on the date of such notice.
	148	+	12 C. The authority granted by this Section shall be in
	149	+	13 addition to, and shall not affect or be subject to any law
	150	+	14 regarding granting of easements on State lands.
	151	+	15 (Source: P.A. 82-1047.)
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