IL HB5738

Changes the short title of the Crossing of Railroad Right-of-way Act to the "Crossing and Encroachment of Railroad Right-of-way Act" and adds definitions for "encroachment" (facility placement up to 15,000 feet along right-of-way) and "annual payment conversion."

Sets authorization timeline at 90 days after notice, engineering specifications completion, and fee payment for encroachments; utilities must pay $3,000 per 1,500 feet or portion thereof of encroachment to rail carriers or land management companies.

Allows utilities to convert annual or periodic payment agreements to permanent rights by paying a one-time amount equal to 10 times the agreed annual payment, with rail carriers/companies required to respond within 45 days.

Caps fee increases on existing annual or periodic agreements at zero percent for the first 5 years, then limits increases to no more than 2% annually thereafter.

Applies to all crossings and encroachments involving rail carriers or land management companies and utilities, superseding any conflicting state law provisions.