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SB1380 - 104th General Assembly
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| 1 | AMENDMENT TO SENATE BILL 1380 | ||||||
| 2 | AMENDMENT NO. ______. Amend Senate Bill 1380, AS AMENDED, | ||||||
| 3 | by replacing everything after the enacting clause with the | ||||||
| 4 | following: | ||||||
| 5 | "Section 5. The Counties Code is amended by adding Section | ||||||
| 6 | 5-1192 as follows: | ||||||
| 7 | (55 ILCS 5/5-1192 new) | ||||||
| 8 | Sec. 5-1192. County use of utility pole for county public | ||||||
| 9 | safety. | ||||||
| 10 | (a) As used in this Section: | ||||||
| 11 | "Communications space" has the meaning given to that term | ||||||
| 12 | in the National Electric Safety Code as published by the | ||||||
| 13 | Institute of Electrical and Electronics Engineers. | ||||||
| 14 | "Communication worker safety zone" has the meaning given | ||||||
| 15 | to that term in the National Electric Safety Code as published | ||||||
| 16 | by the Institute of Electrical and Electronics Engineers. | ||||||
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| 1 | "Electric supply zone" has the meaning given to that term | ||||||
| 2 | in the National Electric Safety Code as published by the | ||||||
| 3 | Institute of Electrical and Electronics Engineers. | ||||||
| 4 | "Public utility" has the meaning given to that term in | ||||||
| 5 | Section 3-105 of the Public Utilities Act. | ||||||
| 6 | (b) Subject to the provisions of subsection (c), a county | ||||||
| 7 | may use a utility pole that is owned by the State or a unit of | ||||||
| 8 | local government or a public right-of-way that is owned by the | ||||||
| 9 | State or a unit of local government for county public safety | ||||||
| 10 | purposes, including, but not limited to, the placement of | ||||||
| 11 | equipment associated with public safety. The equipment may not | ||||||
| 12 | be located within or interfere with part of an electric | ||||||
| 13 | distribution or transmission system within the communication | ||||||
| 14 | worker safety zone of the pole or the electric supply zone of | ||||||
| 15 | the pole. The use of the equipment must comply with the | ||||||
| 16 | applicable codes and local code provisions or regulations that | ||||||
| 17 | concern public safety. | ||||||
| 18 | (c) A State agency may, by rule, or a unit of local | ||||||
| 19 | government may, by ordinance or resolution, create a | ||||||
| 20 | permitting process to allow a utility pole or a public | ||||||
| 21 | right-of-way that it owns to be used by a county for public | ||||||
| 22 | safety purposes. | ||||||
| 23 | (d) Any fee charged by the owner of a utility pole or | ||||||
| 24 | right-of-way for use by a county under this Section shall be at | ||||||
| 25 | the lowest rate charged by the owner and shall not exceed the | ||||||
| 26 | owner's costs. | ||||||
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| 1 | (e) Nothing in this Section authorizes a county to use | ||||||
| 2 | property or infrastructure that is owned by a public utility. | ||||||
| 3 | Section 10. The Illinois Municipal Code is amended by | ||||||
| 4 | adding Section 11-80-25 as follows: | ||||||
| 5 | (65 ILCS 5/11-80-25 new) | ||||||
| 6 | Sec. 11-80-25. Municipal use of utility pole for municipal | ||||||
| 7 | public safety. | ||||||
| 8 | (a) As used in this Section: | ||||||
| 9 | "Communications space" 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 | "Communication worker safety zone" has the meaning given | ||||||
| 13 | to that term in the National Electric Safety Code as published | ||||||
| 14 | by the Institute of Electrical and Electronics Engineers. | ||||||
| 15 | "Electric supply zone" has the meaning given to that term | ||||||
| 16 | in the National Electric Safety Code as published by the | ||||||
| 17 | Institute of Electrical and Electronics Engineers. | ||||||
| 18 | "Public utility" has the meaning given to that term in | ||||||
| 19 | Section 3-105 of the Public Utilities Act. | ||||||
| 20 | (b) Subject to the provisions of subsection (c), a | ||||||
| 21 | municipality may use a utility pole that is owned by the State | ||||||
| 22 | or a unit of local government or a public right-of-way that is | ||||||
| 23 | owned by the State or a unit of local government for municipal | ||||||
| 24 | public safety purposes, including, but not limited to, the | ||||||
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| 1 | placement of equipment associated with public safety. The | ||||||
| 2 | equipment may not be located within or interfere with part of | ||||||
| 3 | an electric distribution or transmission system within the | ||||||
| 4 | communication worker safety zone of the pole or the electric | ||||||
| 5 | supply zone of the pole. The use of the equipment must comply | ||||||
| 6 | with the applicable codes and local code provisions or | ||||||
| 7 | regulations that concern public safety. | ||||||
| 8 | (c) A State agency may, by rule, or a unit of local | ||||||
| 9 | government may, by ordinance or resolution, create a | ||||||
| 10 | permitting process to allow a utility pole or a public | ||||||
| 11 | right-of-way that it owns to be used by a municipality for | ||||||
| 12 | public safety purposes. | ||||||
| 13 | (d) Any fee charged by the owner of a utility pole or | ||||||
| 14 | right-of-way for use by a municipality under this Section | ||||||
| 15 | shall be at the lowest rate charged by the owner and shall not | ||||||
| 16 | exceed the owner's costs. | ||||||
| 17 | (e) Nothing in this Section authorizes a municipality to | ||||||
| 18 | use property or infrastructure that is owned by a public | ||||||
| 19 | utility.". | ||||||