summary
Introduced
02/07/2025
02/07/2025
In Committee
04/11/2025
04/11/2025
Crossed Over
Passed
Dead
Introduced Session
104th General Assembly
Bill Summary
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.
AI Summary
This bill creates the Crossing of Electric Utility Property Act, which establishes a streamlined process for obtaining easements across public utility rights-of-way. The legislation defines key terms such as "crossing" (construction over, under, or across a utility right-of-way), "public utility" (a utility regulated by the Public Utilities Act), and "occupant" (the party seeking to use the easement). The bill requires public utilities to provide an expedited review of crossing applications and prohibits them from unreasonably withholding approval. An occupant can commence use of a crossing within 90 days after meeting specific conditions, including providing notice to the utility, submitting engineering specifications that demonstrate no impairment to the right-of-way, affirming responsibility for maintenance and repairs, and paying a nominal fee. The bill also outlines conditions under which a crossing denial would be considered unreasonable, such as when the crossing has material public benefits, is needed for underground mining operations, and meets specific dimensional requirements (including being at least 200 feet below ground level and no more than 65 feet in height). The overall aim is to facilitate easier and more predictable access across utility properties while protecting the utilities' interests.
Committee Categories
Transportation and Infrastructure
Sponsors (3)
Last Action
Rule 19(a) / Re-referred to Rules Committee (on 04/11/2025)
bill text
bill summary
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bill summary
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bill summary
| Document Type | Source Location |
|---|---|
| State Bill Page | https://www.ilga.gov/legislation/BillStatus.asp?DocNum=3679&GAID=18&DocTypeID=HB&SessionID=114&GA=104 |
| BillText | https://www.ilga.gov/legislation/104/HB/10400HB3679.htm |
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