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HB 3679

ELEC UTILITY CROSSING ACT

104th Regular Session Introduced by Maura Hirschauer and 2 co-sponsors

Creates a fast-track process for private or municipal crossings over electric utility rights-of-way, with deemed authorization after 90 days if criteria are met.

Rule 19(a) / Re-referred to Rules Committee
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Bill Summary · HB 3679

HB 3679 — Crossing of Electric Utility Property Act (ELEC UTILITY CROSSING ACT)

Summary / Purpose

HB 3679 creates the "Crossing of Electric Utility Property Act," establishing a statutory framework for private or municipal crossings over, under, or across electric utility rights-of-way. The bill requires expedited review of crossing requests, limits a utility's ability to unreasonably deny crossings, and creates a process by which an occupant (the party that will hold/occupy the crossing easement) may commence use if certain conditions are met.

Key provisions

  • Expedited review: Public utilities must provide an expedited review and may not unreasonably withhold permission for a crossing.
  • Deemed authorization after 90 days: An occupant is deemed authorized to commence use of the crossing within 90 days after meeting these conditions, unless the public utility demonstrates a reasonable justification that the crossing will impair or harm the right-of-way:
    1. Notice mailed to the utility showing the occupant owns/controls land on both sides of the right-of-way and that a crossing is reasonably required to expand/maintain operations or to benefit the public.
    2. Submission of engineering specifications demonstrating the crossing will not impair the utility’s occupancy/use; specifications must address applicable clearance requirements (including National Electrical Safety Code standards).
    3. Affirmation that the occupant will maintain and repair the crossing and be responsible for its own acts/omissions.
    4. Payment to the utility for establishment of the crossing and the first year of crossing fees. Crossing fees shall be de minimis, commercially reasonable, and based on similar easements.
  • Conditions that make a utility denial “unreasonable”: The bill lists circumstances where denial is deemed unreasonable, including crossings with material public benefits to a municipal government, certain underground mining crossings, and crossings meeting dimensional/location limits:
    • Top of crossing at least 200 feet below ground
    • Crossing height ≤ 65 feet
    • Width ≤ 50 feet
    • Minimum 50-foot separation from nearest similar crossing
    • Occupant must provide reasonable access for inspection and provide engineering studies demonstrating no reasonable interruption or impairment of the utility right-of-way
  • Cost recovery / “direct expenses”: Utilities may recover direct costs such as inspection and monitoring, administrative and engineering review costs, and document/preparation fees.
  • Parties may agree to additional reasonable terms.

Definitions (selected)

  • “Crossing”: construction/operation/repair/maintenance of a facility over/under/across a public utility right-of-way (owned by utility or another with utility easement).
  • “Public utility”: utilities regulated under Illinois’ Public Utilities Act.
  • “Occupant”: party that will hold and occupy the easement.

Who would be affected

  • Landowners or occupiers needing crossings to access or develop property (including municipal projects and underground mining operators).
  • Electric utilities regulated in Illinois (their rights-of-way and easement management practices).
  • Local governments and developers engaging in projects that require crossings.

Procedural status / timeline (from bill record)

  • Filed: Feb 7, 2025 (by Rep. Maura Hirschauer)
  • First reading: Feb 18, 2025
  • Referred to Public Utilities, Transportation, and Water/Agriculture & Rural Affairs committees at various stages in March–April 2025
  • Committee substitute considered and reported favorably in April 2025
  • Passed the House and reported engrossed: May 15–16, 2025 (record votes and statements recorded)
  • Status noted as Rule 19(a) / Re-referred to Rules Committee (record dated Apr 11, 2025)
  • Companion bill: SB 497

Potential impacts & considerations

  • Facilitates and accelerates crossings for landowners and certain municipal/mining projects, reducing delay risk.
  • Limits utilities’ discretion to refuse crossings unless specific, documented safety/impairment risks exist; could increase negotiation pressure on utilities.
  • Requires engineering documentation, inspection access, and shifting of maintenance/liability to occupants—mitigating some utility risk.
  • Fee language (“de minimis” and “commercially reasonable”) may result in dispute over appropriate compensation.
  • Implementation will depend on standards applied for “reasonable justification” and engineering adequacy.

If enacted, HB 3679 would create a prescriptive statutory path for crossings that balances expedited access for property users with engineering safeguards and utility oversight.

Compiled from official sources — confirm details with the bill’s official record.

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