Illinois General Assembly - Full Text of HB2563
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Full Text of HB2563  102nd General Assembly

HB2563 102ND GENERAL ASSEMBLY

  
  

 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB2563

 

Introduced 2/19/2021, by Rep. Deanne M. Mazzochi

 

SYNOPSIS AS INTRODUCED:
 
50 ILCS 840/23 new

    Creates the Local Control, Protection, and Empowering Law in the Small Wireless Facilities Deployment Act. Provides that property owners may, by petition, require a hearing prior to an authority's approval or denial of the installation of a small wireless facility in an area zoned exclusively for residential purposes. Requires the petition to include 250 signatures of the property owners or 40% of the property owners, whichever is less, within 1,000 feet of where the small wireless facility would be installed. Includes other petition and hearing requirements. Provides that all findings and written comments of the authority as a result of the hearing must be forwarded to the Office of the Secretary of the Federal Communications Commission by the authority. Provides that a hearing shall not interfere with the requirement that an authority approve or deny an application within specified timeframes.


LRB102 13353 AWJ 18697 b

FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB2563LRB102 13353 AWJ 18697 b

1    AN ACT concerning local government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Small Wireless Facilities Deployment Act is
5amended by adding Section 23 as follows:
 
6    (50 ILCS 840/23 new)
7    Sec. 23. Public hearings.
8    (a) This Section may be referred to as the Local Control,
9Protection, and Empowering Law.
10    (b) Property owners may, by petition, require a hearing
11prior to an authority's approval or denial of the installation
12of a small wireless facility in an area zoned exclusively for
13residential purposes. The petition shall include 250
14signatures of the property owners or 40% of the property
15owners, whichever is less, within 1,000 feet of where the
16small wireless facility would be installed. These signatures
17must be collected and the petition filed no later than 30 days
18after an application is received by the authority.
19    If the authority receives a petition meeting the
20requirements of this subsection, the authority must hold a
21public hearing on the proposed application to install the
22small wireless facility. The hearing may be included in any
23regularly scheduled meeting of the authority. At the hearing,

 

 

HB2563- 2 -LRB102 13353 AWJ 18697 b

1the authority shall permit the local residents to make oral or
2written presentations relating to the safety, health, and
3welfare of the community that may be affected by the small
4wireless facility.
5    (c) The authority may make available for the public
6hearing the following information, including information
7contained in the application submitted by the wireless
8provider:
9        (1) Evidence that the installation of the small
10    wireless facility shall meet all Federal Communications
11    Commission regulations and guidelines.
12        (2) Evidence that the installation of the small
13    wireless facility shall meet the aesthetic requirements
14    that are identified by the authority in its ordinance.
15        (3) Evidence that the location of the proposed small
16    wireless facility is in the most appropriate placement to
17    provide communications service, and there is no less
18    instructive location within 500 feet of the proposed
19    location.
20    (d) All findings and written comments of the authority as
21a result of the hearing must be forwarded to the Office of the
22Secretary of the Federal Communications Commission by the
23authority.
24    (e) Nothing in this Section shall be construed to relieve
25an authority's duty of approving or denying an application as
26required under paragraph (8) of subsection (d) of Section 15.

 

 

HB2563- 3 -LRB102 13353 AWJ 18697 b

1Any hearing under this Section shall be scheduled so as not to
2interfere with approval or denial of an application under
3Section 15.