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SB1380 - 104th General Assembly
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| 1 | AN ACT concerning local government. | ||||||
| 2 | Be it enacted by the People of the State of Illinois, | ||||||
| 3 | represented in the General Assembly: | ||||||
| 4 | Section 5. The Counties Code is amended by adding Section | ||||||
| 5 | 5-1192 as follows: | ||||||
| 6 | (55 ILCS 5/5-1192 new) | ||||||
| 7 | Sec. 5-1192. County use of utility pole for county public | ||||||
| 8 | safety. | ||||||
| 9 | (a) As used in this Section: | ||||||
| 10 | "Communications space" has the meaning given to that term | ||||||
| 11 | in the National Electric Safety Code as published by the | ||||||
| 12 | Institute of Electrical and Electronics Engineers. | ||||||
| 13 | "Communication worker safety zone" has the meaning given | ||||||
| 14 | to that term in the National Electric Safety Code as published | ||||||
| 15 | by the Institute of Electrical and Electronics Engineers. | ||||||
| 16 | "Electric supply zone" has the meaning given to that term | ||||||
| 17 | in the National Electric Safety Code as published by the | ||||||
| 18 | Institute of Electrical and Electronics Engineers. | ||||||
| 19 | "Public utility" has the meaning given to that term in | ||||||
| 20 | Section 3-105 of the Public Utilities Act. | ||||||
| 21 | (b) Subject to the provisions of subsection (c), a county | ||||||
| 22 | may use a utility pole that is owned by the State or a unit of | ||||||
| 23 | local government or a public right-of-way that is owned by the | ||||||
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| 1 | State or a unit of local government for county public safety | ||||||
| 2 | purposes, including, but not limited to, the placement of | ||||||
| 3 | equipment associated with public safety. The equipment may not | ||||||
| 4 | be located within or interfere with part of an electric | ||||||
| 5 | distribution or transmission system within the communication | ||||||
| 6 | worker safety zone of the pole or the electric supply zone of | ||||||
| 7 | the pole. The use of the equipment must comply with the | ||||||
| 8 | applicable codes and local code provisions or regulations that | ||||||
| 9 | concern public safety. | ||||||
| 10 | (c) A State agency may, by rule, or a unit of local | ||||||
| 11 | government may, by ordinance or resolution, create a | ||||||
| 12 | permitting process to allow a utility pole or a public | ||||||
| 13 | right-of-way that it owns to be used by a county for public | ||||||
| 14 | safety purposes. | ||||||
| 15 | (d) Any fee charged by the owner of a utility pole or | ||||||
| 16 | right-of-way for use by a county under this Section shall be at | ||||||
| 17 | the lowest rate charged by the owner and shall not exceed the | ||||||
| 18 | owner's costs. | ||||||
| 19 | (e) Nothing in this Section authorizes a county to use | ||||||
| 20 | property or infrastructure that is owned by a public utility. | ||||||
| 21 | Section 10. The Illinois Municipal Code is amended by | ||||||
| 22 | adding Section 11-80-25 as follows: | ||||||
| 23 | (65 ILCS 5/11-80-25 new) | ||||||
| 24 | Sec. 11-80-25. Municipal use of utility pole for municipal | ||||||
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| 1 | public safety. | ||||||
| 2 | (a) As used in this Section: | ||||||
| 3 | "Communications space" has the meaning given to that term | ||||||
| 4 | in the National Electric Safety Code as published by the | ||||||
| 5 | Institute of Electrical and Electronics Engineers. | ||||||
| 6 | "Communication worker safety zone" has the meaning given | ||||||
| 7 | to that term in the National Electric Safety Code as published | ||||||
| 8 | by the Institute of Electrical and Electronics Engineers. | ||||||
| 9 | "Electric supply zone" has the meaning given to that term | ||||||
| 10 | in the National Electric Safety Code as published by the | ||||||
| 11 | Institute of Electrical and Electronics Engineers. | ||||||
| 12 | "Public utility" has the meaning given to that term in | ||||||
| 13 | Section 3-105 of the Public Utilities Act. | ||||||
| 14 | (b) Subject to the provisions of subsection (c), a | ||||||
| 15 | municipality may use a utility pole that is owned by the State | ||||||
| 16 | or a unit of local government or a public right-of-way that is | ||||||
| 17 | owned by the State or a unit of local government for municipal | ||||||
| 18 | public safety purposes, including, but not limited to, the | ||||||
| 19 | placement of equipment associated with public safety. The | ||||||
| 20 | equipment may not be located within or interfere with part of | ||||||
| 21 | an electric distribution or transmission system within the | ||||||
| 22 | communication worker safety zone of the pole or the electric | ||||||
| 23 | supply zone of the pole. The use of the equipment must comply | ||||||
| 24 | with the applicable codes and local code provisions or | ||||||
| 25 | regulations that concern public safety. | ||||||
| 26 | (c) A State agency may, by rule, or a unit of local | ||||||
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| |||||||
| 1 | government may, by ordinance or resolution, create a | ||||||
| 2 | permitting process to allow a utility pole or a public | ||||||
| 3 | right-of-way that it owns to be used by a municipality for | ||||||
| 4 | public safety purposes. | ||||||
| 5 | (d) Any fee charged by the owner of a utility pole or | ||||||
| 6 | right-of-way for use by a municipality under this Section | ||||||
| 7 | shall be at the lowest rate charged by the owner and shall not | ||||||
| 8 | exceed the owner's costs. | ||||||
| 9 | (e) Nothing in this Section authorizes a municipality to | ||||||
| 10 | use property or infrastructure that is owned by a public | ||||||
| 11 | utility. | ||||||