Illinois 2025-2026 Regular Session

Illinois House Bill HB3679 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB3679 Introduced , by Rep. Maura Hirschauer SYNOPSIS AS INTRODUCED: New Act Creates the Crossing of Electric Utility Property Act. Requires a public utility to provide an expedited review and grant of a crossing application and may not unreasonably withhold an allowance for a crossing, unless a public utility provides a reasonable justification that the crossing will impair or harm the right-of-way. Authorizes an occupant to commence use of a crossing within 90 days after meeting the following conditions: (i) notice is sent to the public utility that occupant owns or controls land on both sides of the public utility property and that a crossing is reasonably required to expand or maintain operations on the occupant's property or to benefit the public; (ii) provides to the public utility engineering specifications to demonstrate that the proposed crossing will not impair the public utility's occupancy and use of the right-of-way; (iii) affirms to the public utility that the occupant must maintain and repair the owner's own crossing and must bear responsibility for the owner's own acts and omissions concerning use of the crossing; and (iv) provides to the public utility a payment for establishment of the crossing and the first year of crossing fees. Prohibits a public from unreasonably denying a crossing and lists conditions that make a denial unreasonable. Requires that the occupant provide the public utility reasonable access to the crossing to inspect and monitor, and the occupant provide engineering studies that demonstrate that the crossing will not reasonably interrupt or impair the public utility's right-of-way. LRB104 11183 JRC 21265 b A BILL FOR 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB3679 Introduced , by Rep. Maura Hirschauer SYNOPSIS AS INTRODUCED: New Act New Act Creates the Crossing of Electric Utility Property Act. Requires a public utility to provide an expedited review and grant of a crossing application and may not unreasonably withhold an allowance for a crossing, unless a public utility provides a reasonable justification that the crossing will impair or harm the right-of-way. Authorizes an occupant to commence use of a crossing within 90 days after meeting the following conditions: (i) notice is sent to the public utility that occupant owns or controls land on both sides of the public utility property and that a crossing is reasonably required to expand or maintain operations on the occupant's property or to benefit the public; (ii) provides to the public utility engineering specifications to demonstrate that the proposed crossing will not impair the public utility's occupancy and use of the right-of-way; (iii) affirms to the public utility that the occupant must maintain and repair the owner's own crossing and must bear responsibility for the owner's own acts and omissions concerning use of the crossing; and (iv) provides to the public utility a payment for establishment of the crossing and the first year of crossing fees. Prohibits a public from unreasonably denying a crossing and lists conditions that make a denial unreasonable. Requires that the occupant provide the public utility reasonable access to the crossing to inspect and monitor, and the occupant provide engineering studies that demonstrate that the crossing will not reasonably interrupt or impair the public utility's right-of-way. LRB104 11183 JRC 21265 b LRB104 11183 JRC 21265 b A BILL FOR
2	2	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB3679 Introduced , by Rep. Maura Hirschauer SYNOPSIS AS INTRODUCED:
3	3	New Act New Act
4	4	New Act
5	5	Creates the Crossing of Electric Utility Property Act. Requires a public utility to provide an expedited review and grant of a crossing application and may not unreasonably withhold an allowance for a crossing, unless a public utility provides a reasonable justification that the crossing will impair or harm the right-of-way. Authorizes an occupant to commence use of a crossing within 90 days after meeting the following conditions: (i) notice is sent to the public utility that occupant owns or controls land on both sides of the public utility property and that a crossing is reasonably required to expand or maintain operations on the occupant's property or to benefit the public; (ii) provides to the public utility engineering specifications to demonstrate that the proposed crossing will not impair the public utility's occupancy and use of the right-of-way; (iii) affirms to the public utility that the occupant must maintain and repair the owner's own crossing and must bear responsibility for the owner's own acts and omissions concerning use of the crossing; and (iv) provides to the public utility a payment for establishment of the crossing and the first year of crossing fees. Prohibits a public from unreasonably denying a crossing and lists conditions that make a denial unreasonable. Requires that the occupant provide the public utility reasonable access to the crossing to inspect and monitor, and the occupant provide engineering studies that demonstrate that the crossing will not reasonably interrupt or impair the public utility's right-of-way.
6	6	LRB104 11183 JRC 21265 b LRB104 11183 JRC 21265 b
7	7	LRB104 11183 JRC 21265 b
8	8	A BILL FOR
9	9	HB3679LRB104 11183 JRC 21265 b HB3679 LRB104 11183 JRC 21265 b
10	10	HB3679 LRB104 11183 JRC 21265 b
11	11	1 AN ACT concerning regulation.
12	12	2 Be it enacted by the People of the State of Illinois,
13	13	3 represented in the General Assembly:
14	14	4 Section 1. Short title. This Act may be cited as the
15	15	5 Crossing of Electric Utility Property Act.
16	16	6 Section 5. Definitions. As used in this Act:
17	17	7 "Crossing" means the construction, operation, repair, or
18	18	8 maintenance of a facility over, under, or across a public
19	19	9 utility right-of-way if the public utility right-of-way is
20	20	10 owned by the public utility or by another land owner and the
21	21	11 public utility holds an easement for transmission over such
22	22	12 right-of-way
23	23	13 "Direct expenses" includes, but is not limited to, any or
24	24	14 all of the following:
25	25	15 (1) The reasonable cost of inspecting and monitoring
26	26	16 the crossing site.
27	27	17 (2) Administrative and engineering costs for review of
28	28	18 specifications and for entering a crossing on the
29	29	19 utility's books, maps, and property records and other
30	30	20 reasonable administrative and engineering costs incurred
31	31	21 as a result of the crossing.
32	32	22 (3) Document and preparation fees associated with a
33	33	23 crossing, and any engineering specifications related to
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37	37	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB3679 Introduced , by Rep. Maura Hirschauer SYNOPSIS AS INTRODUCED:
38	38	New Act New Act
39	39	New Act
40	40	Creates the Crossing of Electric Utility Property Act. Requires a public utility to provide an expedited review and grant of a crossing application and may not unreasonably withhold an allowance for a crossing, unless a public utility provides a reasonable justification that the crossing will impair or harm the right-of-way. Authorizes an occupant to commence use of a crossing within 90 days after meeting the following conditions: (i) notice is sent to the public utility that occupant owns or controls land on both sides of the public utility property and that a crossing is reasonably required to expand or maintain operations on the occupant's property or to benefit the public; (ii) provides to the public utility engineering specifications to demonstrate that the proposed crossing will not impair the public utility's occupancy and use of the right-of-way; (iii) affirms to the public utility that the occupant must maintain and repair the owner's own crossing and must bear responsibility for the owner's own acts and omissions concerning use of the crossing; and (iv) provides to the public utility a payment for establishment of the crossing and the first year of crossing fees. Prohibits a public from unreasonably denying a crossing and lists conditions that make a denial unreasonable. Requires that the occupant provide the public utility reasonable access to the crossing to inspect and monitor, and the occupant provide engineering studies that demonstrate that the crossing will not reasonably interrupt or impair the public utility's right-of-way.
41	41	LRB104 11183 JRC 21265 b LRB104 11183 JRC 21265 b
42	42	LRB104 11183 JRC 21265 b
43	43	A BILL FOR
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49	49	New Act
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66	66	HB3679- 2 -LRB104 11183 JRC 21265 b HB3679 - 2 - LRB104 11183 JRC 21265 b
67	67	HB3679 - 2 - LRB104 11183 JRC 21265 b
68	68	1 the crossing.
69	69	2 "Public utility" means any utility regulated by the Public
70	70	3 Utilities Act
71	71	4 "Occupant" means the party that will hold the easement and
72	72	5 that will occupy the easement area for the term of the easement
73	73	6 Section 10. Terms and conditions for a crossing.
74	74	7 (a) The public utility shall provide an expedited review
75	75	8 and grant of a crossing application and may not unreasonably
76	76	9 withhold an allowance for a crossing.
77	77	10 (b) An occupant is deemed to have authorization to
78	78	11 commence use of the crossing within 90 days after meeting the
79	79	12 following conditions, unless a public utility provides a
80	80	13 reasonable justification that the crossing will impair or harm
81	81	14 the right-of-way:
82	82	15 (1) The occupant mails notice to the public utility
83	83	16 that occupant owns or controls land on both sides of the
84	84	17 public utility property and that a crossing is reasonably
85	85	18 required to expand or maintain operations on the
86	86	19 occupant's property or to benefit the public.
87	87	20 (2) Provides to the public utility engineering
88	88	21 specifications to demonstrate that the proposed crossing
89	89	22 will not impair the public utility's occupancy and use of
90	90	23 the right-of-way. The engineering specifications shall
91	91	24 address the applicable clearance requirements as
92	92	25 established by the National Electrical Safety Code.
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98	98	HB3679 - 2 - LRB104 11183 JRC 21265 b
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101	101	HB3679- 3 -LRB104 11183 JRC 21265 b HB3679 - 3 - LRB104 11183 JRC 21265 b
102	102	HB3679 - 3 - LRB104 11183 JRC 21265 b
103	103	1 (3) Affirms to the public utility that the occupant
104	104	2 must maintain and repair the occupant's own crossing and
105	105	3 must bear responsibility for the occupant's own acts and
106	106	4 omissions concerning use of the crossing.
107	107	5 (4) Provides to the public utility a payment for
108	108	6 establishment of the crossing and the first year of
109	109	7 crossing fees. The fee for a crossing shall be de minimus,
110	110	8 commercially reasonable, and established based on similar
111	111	9 easements granted by the public utility.
112	112	10 (c) A public utility and occupant may agree to other terms
113	113	11 and conditions necessary to provide for reasonable use of the
114	114	12 crossing by the occupant.
115	115	13 Section 15. Denial of crossing. A public utility may not
116	116	14 unreasonably deny a crossing. Denial of a crossing is
117	117	15 unreasonable if all of the following conditions are met:
118	118	16 (1) The crossing has material public benefits to a
119	119	17 municipal government entity.
120	120	18 (2) The crossing is required for the location,
121	121	19 construction, operation, and installation and maintenance
122	122	20 of all necessary fittings and appliances for access
123	123	21 between otherwise adjacent underground mining operations.
124	124	22 (3) The top of the crossing area is no less than 200
125	125	23 feet below ground level, and the height of the crossing
126	126	24 area is no greater than 65 feet.
127	127	25 (4) The width of the crossing is no greater than 50
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133	133	HB3679 - 3 - LRB104 11183 JRC 21265 b
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143	143	HB3679 - 4 - LRB104 11183 JRC 21265 b