Illinois General Assembly - Full Text of HB2565
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Full Text of HB2565  102nd General Assembly

HB2565 102ND GENERAL ASSEMBLY

  
  

 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB2565

 

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

 

SYNOPSIS AS INTRODUCED:
 
50 ILCS 840/10  was 50 ILCS 835/10
50 ILCS 840/15  was 50 ILCS 835/15
50 ILCS 840/20  was 50 ILCS 835/20
50 ILCS 840/45 new
50 ILCS 840/50 new
50 ILCS 840/55 new
50 ILCS 840/60 new

    Amends the Small Wireless Facilities Deployment Act. Adds a definition for "source of radio frequency emissions". Provides that permit information must be provided to the Illinois Environmental Protection Agency (IEPA). Provides that an authority may require specified information concerning fiber optic cable. Provides that an authority or the IEPA may deny a permit if a provider has failed to provide sufficient evidence that an increase in emissions is needed. Removes a provision limiting an authority's jurisdiction over facilities located in an interior structure or upon the site of any campus, stadium, or athletic facility not otherwise owned or controlled by the authority. Adds provisions relating to trespass, preservation of private property, and federal defenses; compliance and recordkeeping; setbacks; and notice.


LRB102 14488 AWJ 19841 b

 

 

A BILL FOR

 

HB2565LRB102 14488 AWJ 19841 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 changing Sections 10, 15, and 20 and by adding
6Sections 45, 50, 55, and 60 as follows:
 
7    (50 ILCS 840/10)  (was 50 ILCS 835/10)
8    (Section scheduled to be repealed on June 1, 2021)
9    Sec. 10. Definitions. As used in this Act:
10    "Antenna" means communications equipment that transmits or
11receives electromagnetic radio frequency signals used in the
12provision of wireless services.
13    "Applicable codes" means uniform building, fire,
14electrical, plumbing, or mechanical codes adopted by a
15recognized national code organization or local amendments to
16those codes, including the National Electric Safety Code.
17    "Applicant" means any person who submits an application
18and is a wireless provider.
19    "Application" means a request submitted by an applicant to
20an authority for a permit to collocate small wireless
21facilities, and a request that includes the installation of a
22new utility pole for such collocation, as well as any
23applicable fee for the review of such application.

 

 

HB2565- 2 -LRB102 14488 AWJ 19841 b

1    "Authority" means a unit of local government that has
2jurisdiction and control for use of public rights-of-way as
3provided by the Illinois Highway Code for placements within
4public rights-of-way or has zoning or land use control for
5placements not within public rights-of-way.
6    "Authority utility pole" means a utility pole owned or
7operated by an authority in public rights-of-way.
8    "Collocate" or "collocation" means to install, mount,
9maintain, modify, operate, or replace wireless facilities on
10or adjacent to a wireless support structure or utility pole.
11    "Communications service" means cable service, as defined
12in 47 U.S.C. 522(6), as amended; information service, as
13defined in 47 U.S.C. 153(24), as amended; telecommunications
14service, as defined in 47 U.S.C. 153(53), as amended; mobile
15service, as defined in 47 U.S.C. 153(33), as amended; or
16wireless service other than mobile service.
17    "Communications service provider" means a cable operator,
18as defined in 47 U.S.C. 522(5), as amended; a provider of
19information service, as defined in 47 U.S.C. 153(24), as
20amended; a telecommunications carrier, as defined in 47 U.S.C.
21153(51), as amended; or a wireless provider.
22    "FCC" means the Federal Communications Commission of the
23United States.
24    "Fee" means a one-time charge.
25    "Historic district" or "historic landmark" means a
26building, property, or site, or group of buildings,

 

 

HB2565- 3 -LRB102 14488 AWJ 19841 b

1properties, or sites that are either (i) listed in the
2National Register of Historic Places or formally determined
3eligible for listing by the Keeper of the National Register,
4the individual who has been delegated the authority by the
5federal agency to list properties and determine their
6eligibility for the National Register, in accordance with
7Section VI.D.1.a.i through Section VI.D.1.a.v of the
8Nationwide Programmatic Agreement codified at 47 CFR Part 1,
9Appendix C; or (ii) designated as a locally landmarked
10building, property, site, or historic district by an ordinance
11adopted by the authority pursuant to a preservation program
12that meets the requirements of the Certified Local Government
13Program of the Illinois State Historic Preservation Office or
14where such certification of the preservation program by the
15Illinois State Historic Preservation Office is pending.
16    "Law" means a federal or State statute, common law, code,
17rule, regulation, order, or local ordinance or resolution.
18    "Micro wireless facility" means a small wireless facility
19that is not larger in dimension than 24 inches in length, 15
20inches in width, and 12 inches in height and that has an
21exterior antenna, if any, no longer than 11 inches.
22    "Permit" means a written authorization required by an
23authority to perform an action or initiate, continue, or
24complete a project.
25    "Person" means an individual, corporation, limited
26liability company, partnership, association, trust, or other

 

 

HB2565- 4 -LRB102 14488 AWJ 19841 b

1entity or organization, including an authority.
2    "Public safety agency" means the functional division of
3the federal government, the State, a unit of local government,
4or a special purpose district located in whole or in part
5within this State, that provides or has authority to provide
6firefighting, police, ambulance, medical, or other emergency
7services to respond to and manage emergency incidents.
8    "Rate" means a recurring charge.
9    "Right-of-way" means the area on, below, or above a public
10roadway, highway, street, public sidewalk, alley, or utility
11easement dedicated for compatible use. "Right-of-way" does not
12include authority-owned aerial lines.
13    "Small wireless facility" means a wireless facility that
14meets both of the following qualifications: (i) each antenna
15is located inside an enclosure of no more than 6 cubic feet in
16volume or, in the case of an antenna that has exposed elements,
17the antenna and all of its exposed elements could fit within an
18imaginary enclosure of no more than 6 cubic feet; and (ii) all
19other wireless equipment attached directly to a utility pole
20associated with the facility is cumulatively no more than 25
21cubic feet in volume. The following types of associated
22ancillary equipment are not included in the calculation of
23equipment volume: electric meter, concealment elements,
24telecommunications demarcation box, ground-based enclosures,
25grounding equipment, power transfer switch, cut-off switch,
26and vertical cable runs for the connection of power and other

 

 

HB2565- 5 -LRB102 14488 AWJ 19841 b

1services.
2    "Source of radio frequency emissions" or "emissions" means
3an antenna and all its associated equipment, other than fiber
4optic cable.
5    "Utility pole" means a pole or similar structure that is
6used in whole or in part by a communications service provider
7or for electric distribution, lighting, traffic control, or a
8similar function.
9    "Wireless facility" means equipment at a fixed location
10that enables wireless communications between user equipment
11and a communications network, including: (i) equipment
12associated with wireless communications; and (ii) radio
13transceivers, antennas, coaxial or fiber-optic cable, regular
14and backup power supplies, and comparable equipment,
15regardless of technological configuration. "Wireless facility"
16includes small wireless facilities. "Wireless facility" does
17not include: (i) the structure or improvements on, under, or
18within which the equipment is collocated; or (ii) wireline
19backhaul facilities, coaxial or fiber optic cable that is
20between wireless support structures or utility poles or
21coaxial, or fiber optic cable that is otherwise not
22immediately adjacent to or directly associated with an
23antenna.
24    "Wireless infrastructure provider" means any person
25authorized to provide telecommunications service in the State
26that builds or installs wireless communication transmission

 

 

HB2565- 6 -LRB102 14488 AWJ 19841 b

1equipment, wireless facilities, wireless support structures,
2or utility poles and that is not a wireless services provider
3but is acting as an agent or a contractor for a wireless
4services provider for the application submitted to the
5authority.
6    "Wireless provider" means a wireless infrastructure
7provider or a wireless services provider.
8    "Wireless services" means any services provided to the
9general public, including a particular class of customers, and
10made available on a nondiscriminatory basis using licensed or
11unlicensed spectrum, whether at a fixed location or mobile,
12provided using wireless facilities.
13    "Wireless services provider" means a person who provides
14wireless services.
15    "Wireless support structure" means a freestanding
16structure, such as a monopole; tower, either guyed or
17self-supporting; billboard; or other existing or proposed
18structure designed to support or capable of supporting
19wireless facilities. "Wireless support structure" does not
20include a utility pole.
21(Source: P.A. 100-585, eff. 6-1-18.)
 
22    (50 ILCS 840/15)  (was 50 ILCS 835/15)
23    (Section scheduled to be repealed on June 1, 2021)
24    Sec. 15. Regulation of small wireless facilities.
25    (a) This Section applies to activities of a wireless

 

 

HB2565- 7 -LRB102 14488 AWJ 19841 b

1provider within or outside rights-of-way.
2    (b) Except as provided in this Section, an authority may
3not prohibit, regulate, or charge for the collocation of small
4wireless facilities.
5    (c) Small wireless facilities shall be classified as
6permitted uses and subject to administrative review in
7conformance with this Act, except as provided in paragraph (5)
8of subsection (d) of this Section regarding height exceptions
9or variances, but not subject to zoning review or approval if
10they are collocated (i) in rights-of-way in any zone, or (ii)
11outside rights-of-way in property zoned exclusively for
12commercial or industrial use.
13    (d) An authority may require an applicant to obtain one or
14more permits to collocate a small wireless facility.
15Regardless of whether the authority requires a permit, the
16information required for a permit application as described in
17this subsection shall be provided to the Illinois
18Environmental Protection Agency at the earlier of the time of
19the permit application or 90 days prior the earliest of
20construction or installation of the wireless facility.
21However, an authority may deny a permit, or the Illinois
22Environmental Protection Agency may deny a permit if no permit
23is required by the local authority, and may, within 60 days,
24notify the entity seeking to install, construct, or modify a
25proposed source of radio frequency emissions that it may not
26proceed if the authority or Agency finds that the provider has

 

 

HB2565- 8 -LRB102 14488 AWJ 19841 b

1failed to provide sufficient evidence that an increase in
2emissions is needed.
3    An authority shall receive applications for, process, and
4issue permits subject to the following requirements:
5        (1) An authority may not directly or indirectly
6    require an applicant to perform services unrelated to the
7    collocation for which approval is sought, such as in-kind
8    contributions to the authority, including reserving fiber,
9    conduit, or utility pole space for the authority on the
10    wireless provider's utility pole. An authority may reserve
11    space on authority utility poles for future public safety
12    uses or for the authority's electric utility uses, but a
13    reservation of space may not preclude the collocation of a
14    small wireless facility unless the authority reasonably
15    determines that the authority utility pole cannot
16    accommodate both uses.
17        (2) An applicant shall not be required to provide more
18    information to obtain a permit than the authority requires
19    of a communications service provider that is not a
20    wireless provider that requests to attach facilities to a
21    structure; however, a wireless provider may be required to
22    provide the following information when seeking a permit to
23    collocate small wireless facilities on a utility pole or
24    wireless support structure:
25            (A) site specific structural integrity and, for an
26        authority utility pole, make-ready analysis prepared

 

 

HB2565- 9 -LRB102 14488 AWJ 19841 b

1        by a structural engineer, as that term is defined in
2        Section 4 of the Structural Engineering Practice Act
3        of 1989;
4            (B) the location where each proposed small
5        wireless facility or utility pole would be installed
6        and photographs of the location and its immediate
7        surroundings depicting the utility poles or structures
8        on which each proposed small wireless facility would
9        be mounted or location where utility poles or
10        structures would be installed;
11            (C) specifications and drawings prepared by a
12        structural engineer, as that term is defined in
13        Section 4 of the Structural Engineering Practice Act
14        of 1989, for each proposed small wireless facility
15        covered by the application as it is proposed to be
16        installed;
17            (D) the equipment type and model numbers for the
18        antennas and all other wireless equipment associated
19        with the small wireless facility;
20            (E) a proposed schedule for the installation and
21        completion of each small wireless facility covered by
22        the application, if approved; and
23            (F) certification that the collocation complies
24        with paragraph (6) to the best of the applicant's
25        knowledge.
26        (3) Subject to paragraph (6), an authority may not

 

 

HB2565- 10 -LRB102 14488 AWJ 19841 b

1    require the placement of small wireless facilities on any
2    specific utility pole, or category of utility poles, or
3    require multiple antenna systems on a single utility pole;
4    however, with respect to an application for the
5    collocation of a small wireless facility associated with a
6    new utility pole, an authority may propose that the small
7    wireless facility be collocated on an existing utility
8    pole or existing wireless support structure within 100
9    feet of the proposed collocation, which the applicant
10    shall accept if it has the right to use the alternate
11    structure on reasonable terms and conditions and the
12    alternate location and structure does not impose technical
13    limits or additional material costs as determined by the
14    applicant. The authority may require the applicant to
15    provide a written certification describing the property
16    rights, technical limits or material cost reasons the
17    alternate location does not satisfy the criteria in this
18    paragraph (3).
19        (4) Subject to paragraph (6), an authority may not
20    limit the placement of small wireless facilities mounted
21    on a utility pole or a wireless support structure by
22    minimum horizontal separation distances.
23        (5) An authority may limit the maximum height of a
24    small wireless facility to 10 feet above the utility pole
25    or wireless support structure on which the small wireless
26    facility is collocated. Subject to any applicable waiver,

 

 

HB2565- 11 -LRB102 14488 AWJ 19841 b

1    zoning, or other process that addresses wireless provider
2    requests for an exception or variance and does not
3    prohibit granting of such exceptions or variances, the
4    authority may limit the height of new or replacement
5    utility poles or wireless support structures on which
6    small wireless facilities are collocated to the higher of:
7    (i) 10 feet in height above the tallest existing utility
8    pole, other than a utility pole supporting only wireless
9    facilities, that is in place on the date the application
10    is submitted to the authority, that is located within 300
11    feet of the new or replacement utility pole or wireless
12    support structure and that is in the same right-of-way
13    within the jurisdictional boundary of the authority,
14    provided the authority may designate which intersecting
15    right-of-way within 300 feet of the proposed utility pole
16    or wireless support structures shall control the height
17    limitation for such facility; or (ii) 45 feet above ground
18    level.
19        (6) An authority may require that:
20            (A) the wireless provider's operation of the small
21        wireless facilities does not interfere with the
22        frequencies used by a public safety agency for public
23        safety communications; a wireless provider shall
24        install small wireless facilities of the type and
25        frequency that will not cause unacceptable
26        interference with a public safety agency's

 

 

HB2565- 12 -LRB102 14488 AWJ 19841 b

1        communications equipment; unacceptable interference
2        will be determined by and measured in accordance with
3        industry standards and the FCC's regulations
4        addressing unacceptable interference to public safety
5        spectrum or any other spectrum licensed by a public
6        safety agency; if a small wireless facility causes
7        such interference, and the wireless provider has been
8        given written notice of the interference by the public
9        safety agency, the wireless provider, at its own
10        expense, shall take all reasonable steps necessary to
11        correct and eliminate the interference, including, but
12        not limited to, powering down the small wireless
13        facility and later powering up the small wireless
14        facility for intermittent testing, if necessary; the
15        authority may terminate a permit for a small wireless
16        facility based on such interference if the wireless
17        provider is not making a good faith effort to remedy
18        the problem in a manner consistent with the abatement
19        and resolution procedures for interference with public
20        safety spectrum established by the FCC including 47
21        CFR 22.970 through 47 CFR 22.973 and 47 CFR 90.672
22        through 47 CFR 90.675;
23            (B) the wireless provider comply with requirements
24        that are imposed by a contract between an authority
25        and a private property owner that concern design or
26        construction standards applicable to utility poles and

 

 

HB2565- 13 -LRB102 14488 AWJ 19841 b

1        ground-mounted equipment located in the right-of-way;
2            (C) the wireless provider comply with applicable
3        spacing requirements in applicable codes and
4        ordinances concerning the location of ground-mounted
5        equipment located in the right-of-way if the
6        requirements include a waiver, zoning, or other
7        process that addresses wireless provider requests for
8        exception or variance and do not prohibit granting of
9        such exceptions or variances;
10            (D) the wireless provider comply with local code
11        provisions or regulations concerning undergrounding
12        requirements that prohibit the installation of new or
13        the modification of existing utility poles in a
14        right-of-way without prior approval if the
15        requirements include a waiver, zoning, or other
16        process that addresses requests to install such new
17        utility poles or modify such existing utility poles
18        and do not prohibit the replacement of utility poles;
19            (E) the wireless provider comply with generally
20        applicable standards that are consistent with this Act
21        and adopted by an authority for construction and
22        public safety in the rights-of-way, including, but not
23        limited to, reasonable and nondiscriminatory wiring
24        and cabling requirements, grounding requirements,
25        utility pole extension requirements, and signage
26        limitations; and shall comply with reasonable and

 

 

HB2565- 14 -LRB102 14488 AWJ 19841 b

1        nondiscriminatory requirements that are consistent
2        with this Act and adopted by an authority regulating
3        the location, size, surface area and height of small
4        wireless facilities, or the abandonment and removal of
5        small wireless facilities;
6            (F) the wireless provider not collocate small
7        wireless facilities on authority utility poles that
8        are part of an electric distribution or transmission
9        system within the communication worker safety zone of
10        the pole or the electric supply zone of the pole;
11        however, the antenna and support equipment of the
12        small wireless facility may be located in the
13        communications space on the authority utility pole and
14        on the top of the pole, if not otherwise unavailable,
15        if the wireless provider complies with applicable
16        codes for work involving the top of the pole; for
17        purposes of this subparagraph (F), the terms
18        "communications space", "communication worker safety
19        zone", and "electric supply zone" have the meanings
20        given to those terms in the National Electric Safety
21        Code as published by the Institute of Electrical and
22        Electronics Engineers;
23            (G) the wireless provider comply with the
24        applicable codes and local code provisions or
25        regulations that concern public safety;
26            (H) the wireless provider comply with written

 

 

HB2565- 15 -LRB102 14488 AWJ 19841 b

1        design standards that are generally applicable for
2        decorative utility poles, or reasonable stealth,
3        concealment, and aesthetic requirements that are
4        identified by the authority in an ordinance, written
5        policy adopted by the governing board of the
6        authority, a comprehensive plan, or other written
7        design plan that applies to other occupiers of the
8        rights-of-way, including on a historic landmark or in
9        a historic district; and
10            (I) subject to subsection (c) of this Section, and
11        except for facilities excluded from evaluation for
12        effects on historic properties under 47 CFR
13        1.1307(a)(4), reasonable, technically feasible and
14        non-discriminatory design or concealment measures in a
15        historic district or historic landmark; any such
16        design or concealment measures, including restrictions
17        on a specific category of poles, may not have the
18        effect of prohibiting any provider's technology; such
19        design and concealment measures shall not be
20        considered a part of the small wireless facility for
21        purposes of the size restrictions of a small wireless
22        facility; this paragraph may not be construed to limit
23        an authority's enforcement of historic preservation in
24        conformance with the requirements adopted pursuant to
25        the Illinois State Agency Historic Resources
26        Preservation Act or the National Historic Preservation

 

 

HB2565- 16 -LRB102 14488 AWJ 19841 b

1        Act of 1966, 54 U.S.C. Section 300101 et seq., and the
2        regulations adopted to implement those laws.
3        (7) Within 30 days after receiving an application, an
4    authority must determine whether the application is
5    complete and notify the applicant. If an application is
6    incomplete, an authority must specifically identify the
7    missing information. An application shall be deemed
8    complete if the authority fails to provide notification to
9    the applicant within 30 days after when all documents,
10    information, and fees specifically enumerated in the
11    authority's permit application form are submitted by the
12    applicant to the authority. Processing deadlines are
13    tolled from the time the authority sends the notice of
14    incompleteness to the time the applicant provides the
15    missing information.
16        (8) An authority shall process applications as
17    follows:
18            (A) an application to collocate a small wireless
19        facility on an existing utility pole or wireless
20        support structure shall be processed on a
21        nondiscriminatory basis and deemed approved if the
22        authority fails to approve or deny the application
23        within 90 days; however, if an applicant intends to
24        proceed with the permitted activity on a deemed
25        approved basis, the applicant must notify the
26        authority in writing of its intention to invoke the

 

 

HB2565- 17 -LRB102 14488 AWJ 19841 b

1        deemed approved remedy no sooner than 75 days after
2        the submission of a completed application; the permit
3        shall be deemed approved on the latter of the 90th day
4        after submission of the complete application or the
5        10th day after the receipt of the deemed approved
6        notice by the authority; the receipt of the deemed
7        approved notice shall not preclude the authority's
8        denial of the permit request within the time limits as
9        provided under this Act; and
10            (B) an application to collocate a small wireless
11        facility that includes the installation of a new
12        utility pole shall be processed on a nondiscriminatory
13        basis and deemed approved if the authority fails to
14        approve or deny the application within 120 days;
15        however, if an applicant intends to proceed with the
16        permitted activity on a deemed approved basis, the
17        applicant must notify the authority in writing of its
18        intention to invoke the deemed approved remedy no
19        sooner than 105 days after the submission of a
20        completed application; the permit shall be deemed
21        approved on the latter of the 120th day after
22        submission of the complete application or the 10th day
23        after the receipt of the deemed approved notice by the
24        authority; the receipt of the deemed approved notice
25        shall not preclude the authority's denial of the
26        permit request within the time limits as provided

 

 

HB2565- 18 -LRB102 14488 AWJ 19841 b

1        under this Act.
2        (9) An authority shall approve an application unless
3    the application does not meet the requirements of this
4    Act. If an authority determines that applicable codes,
5    local code provisions or regulations that concern public
6    safety, or the requirements of paragraph (6) require that
7    the utility pole or wireless support structure be replaced
8    before the requested collocation, approval may be
9    conditioned on the replacement of the utility pole or
10    wireless support structure at the cost of the provider.
11    The authority must document the basis for a denial,
12    including the specific code provisions or application
13    conditions on which the denial was based, and send the
14    documentation to the applicant on or before the day the
15    authority denies an application. The applicant may cure
16    the deficiencies identified by the authority and resubmit
17    the revised application once within 30 days after notice
18    of denial is sent to the applicant without paying an
19    additional application fee. The authority shall approve or
20    deny the revised application within 30 days after the
21    applicant resubmits the application or it is deemed
22    approved; however, the applicant must notify the authority
23    in writing of its intention to proceed with the permitted
24    activity on a deemed approved basis, which may be
25    submitted with the resubmitted application. Any subsequent
26    review shall be limited to the deficiencies cited in the

 

 

HB2565- 19 -LRB102 14488 AWJ 19841 b

1    denial. However, this revised application cure does not
2    apply if the cure requires the review of a new location,
3    new or different structure to be collocated upon, new
4    antennas, or other wireless equipment associated with the
5    small wireless facility.
6        However, an authority may deny a permit if it finds
7    that the provider failed to provide sufficient evidence
8    that an increase in emissions is needed. The authority may
9    require credible information prepared within the 12 months
10    preceding the application, including, but not limited to,
11    an analysis of the availability of fiber optic cable,
12    which should include cable to the home, coverage
13    deficiencies, and propagation maps.
14        (10) The time period for applications may be further
15    tolled by:
16            (A) the express agreement in writing by both the
17        applicant and the authority; or
18            (B) a local, State, or federal disaster
19        declaration or similar emergency that causes the
20        delay.
21        (11) An applicant seeking to collocate small wireless
22    facilities within the jurisdiction of a single authority
23    shall be allowed, at the applicant's discretion, to file a
24    consolidated application and receive a single permit for
25    the collocation of up to 25 small wireless facilities if
26    the collocations each involve substantially the same type

 

 

HB2565- 20 -LRB102 14488 AWJ 19841 b

1    of small wireless facility and substantially the same type
2    of structure. If an application includes multiple small
3    wireless facilities, the authority may remove small
4    wireless facility collocations from the application and
5    treat separately small wireless facility collocations for
6    which incomplete information has been provided or that do
7    not qualify for consolidated treatment or that are denied.
8    The authority may issue separate permits for each
9    collocation that is approved in a consolidated
10    application.
11        (12) Collocation for which a permit is granted shall
12    be completed within 180 days after issuance of the permit,
13    unless the authority and the wireless provider agree to
14    extend this period or a delay is caused by make-ready work
15    for an authority utility pole or by the lack of commercial
16    power or backhaul availability at the site, provided the
17    wireless provider has made a timely request within 60 days
18    after the issuance of the permit for commercial power or
19    backhaul services, and the additional time to complete
20    installation does not exceed 360 days after issuance of
21    the permit. Otherwise, the permit shall be void unless the
22    authority grants an extension in writing to the applicant.
23        (13) The duration of a permit shall be for a period of
24    not less than 5 years, and the permit shall be renewed for
25    equivalent durations unless the authority makes a finding
26    that the small wireless facilities or the new or modified

 

 

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1    utility pole do not comply with the applicable codes or
2    local code provisions or regulations in paragraphs (6) and
3    (9). If this Act is repealed as provided in Section 90,
4    renewals of permits shall be subject to the applicable
5    authority code provisions or regulations in effect at the
6    time of renewal.
7        (14) An authority may not prohibit, either expressly
8    or de facto, the (i) filing, receiving, or processing
9    applications, or (ii) issuing of permits or other
10    approvals, if any, for the collocation of small wireless
11    facilities unless there has been a local, State, or
12    federal disaster declaration or similar emergency that
13    causes the delay.
14        (15) Applicants shall submit applications, supporting
15    information, and notices by personal delivery or as
16    otherwise required by the authority. An authority may
17    require that permits, supporting information, and notices
18    be submitted by personal delivery at the authority's
19    designated place of business, by regular mail postmarked
20    on the date due, or by any other commonly used means,
21    including electronic mail, as required by the authority.
22    (e) Application fees are subject to the following
23requirements:
24        (1) An authority may charge an application fee of up
25    to $650 for an application to collocate a single small
26    wireless facility on an existing utility pole or wireless

 

 

HB2565- 22 -LRB102 14488 AWJ 19841 b

1    support structure and up to $350 for each small wireless
2    facility addressed in an application to collocate more
3    than one small wireless facility on existing utility poles
4    or wireless support structures.
5        (2) An authority may charge an application fee of
6    $1,000 for each small wireless facility addressed in an
7    application that includes the installation of a new
8    utility for such collocation.
9        (3) Notwithstanding any contrary provision of State
10    law or local ordinance, applications pursuant to this
11    Section must be accompanied by the required application
12    fee.
13        (4) Within 2 months after the effective date of this
14    Act, an authority shall make available application fees
15    consistent with this subsection, through ordinance, or in
16    a written schedule of permit fees adopted by the
17    authority.
18    (f) An authority shall not require an application,
19approval, or permit, or require any fees or other charges,
20from a communications service provider authorized to occupy
21the rights-of-way, for: (i) routine maintenance; (ii) the
22replacement of wireless facilities with wireless facilities
23that are substantially similar, the same size, or smaller if
24the wireless provider notifies the authority at least 10 days
25prior to the planned replacement and includes equipment
26specifications for the replacement of equipment consistent

 

 

HB2565- 23 -LRB102 14488 AWJ 19841 b

1with the requirements of subparagraph (D) of paragraph (2) of
2subsection (d) of this Section; or (iii) the installation,
3placement, maintenance, operation, or replacement of micro
4wireless facilities that are suspended on cables that are
5strung between existing utility poles in compliance with
6applicable safety codes. However, an authority may require a
7permit to work within rights-of-way for activities that affect
8traffic patterns or require lane closures.
9    (g) Nothing in this Act authorizes a person to collocate
10small wireless facilities on: (1) property owned by a private
11party or property owned or controlled by a unit of local
12government that is not located within rights-of-way, subject
13to subsection (j) of this Section, or a privately owned
14utility pole or wireless support structure without the consent
15of the property owner; (2) property owned, leased, or
16controlled by a park district, forest preserve district, or
17conservation district for public park, recreation, or
18conservation purposes without the consent of the affected
19district, excluding the placement of facilities on
20rights-of-way located in an affected district that are under
21the jurisdiction and control of a different unit of local
22government as provided by the Illinois Highway Code; or (3)
23property owned by a rail carrier registered under Section
2418c-7201 of the Illinois Vehicle Code, Metra Commuter Rail or
25any other public commuter rail service, or an electric utility
26as defined in Section 16-102 of the Public Utilities Act,

 

 

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1without the consent of the rail carrier, public commuter rail
2service, or electric utility. The provisions of this Act do
3not apply to an electric or gas public utility or such
4utility's wireless facilities if the facilities are being
5used, developed, and maintained consistent with the provisions
6of subsection (i) of Section 16-108.5 of the Public Utilities
7Act.
8    For the purposes of this subsection, "public utility" has
9the meaning given to that term in Section 3-105 of the Public
10Utilities Act. Nothing in this Act shall be construed to
11relieve any person from any requirement (1) to obtain a
12franchise or a State-issued authorization to offer cable
13service or video service or (2) to obtain any required
14permission to install, place, maintain, or operate
15communications facilities, other than small wireless
16facilities subject to this Act.
17    (h) Agreements between authorities and wireless providers
18that relate to the collocation of small wireless facilities in
19the right-of-way, including the collocation of small wireless
20facilities on authority utility poles, that are in effect on
21the effective date of this Act remain in effect for all small
22wireless facilities collocated on the authority's utility
23poles pursuant to applications submitted to the authority
24before the effective date of this Act, subject to applicable
25termination provisions. Such agreements entered into after the
26effective date of the Act shall comply with the Act.

 

 

HB2565- 25 -LRB102 14488 AWJ 19841 b

1    (i) An authority shall allow the collocation of small
2wireless facilities on authority utility poles subject to the
3following:
4        (1) An authority may not enter into an exclusive
5    arrangement with any person for the right to attach small
6    wireless facilities to authority utility poles.
7        (2) The rates and fees for collocations on authority
8    utility poles shall be nondiscriminatory regardless of the
9    services provided by the collocating person.
10        (3) An authority may charge an annual recurring rate
11    to collocate a small wireless facility on an authority
12    utility pole located in a right-of-way that equals (i)
13    $200 per year or (ii) the actual, direct, and reasonable
14    costs related to the wireless provider's use of space on
15    the authority utility pole. Rates for collocation on
16    authority utility poles located outside of a right-of-way
17    are not subject to these limitations. In any controversy
18    concerning the appropriateness of a cost-based rate for an
19    authority utility pole located within a right-of-way, the
20    authority shall have the burden of proving that the rate
21    does not exceed the actual, direct, and reasonable costs
22    for the applicant's proposed use of the authority utility
23    pole. Nothing in this paragraph (3) prohibits a wireless
24    provider and an authority from mutually agreeing to an
25    annual recurring rate of less than $200 to collocate a
26    small wireless facility on an authority utility pole.

 

 

HB2565- 26 -LRB102 14488 AWJ 19841 b

1        (4) Authorities or other persons owning or controlling
2    authority utility poles within the right-of-way shall
3    offer rates, fees, and other terms that comply with
4    subparagraphs (A) through (E) of this paragraph (4).
5    Within 2 months after the effective date of this Act, an
6    authority or a person owning or controlling authority
7    utility poles shall make available, through ordinance or
8    an authority utility pole attachment agreement, license or
9    other agreement that makes available to wireless
10    providers, the rates, fees, and terms for the collocation
11    of small wireless facilities on authority utility poles
12    that comply with this Act and with subparagraphs (A)
13    through (E) of this paragraph (4). In the absence of such
14    an ordinance or agreement that complies with this Act, and
15    until such a compliant ordinance or agreement is adopted,
16    wireless providers may collocate small wireless facilities
17    and install utility poles under the requirements of this
18    Act.
19            (A) The rates, fees, and terms must be
20        nondiscriminatory, competitively neutral, and
21        commercially reasonable, and may address, among other
22        requirements, the requirements in subparagraphs (A)
23        through (I) of paragraph (6) of subsection (d) of this
24        Section; subsections (e), (i), and (k) of this
25        Section; Section 30; and Section 35, and must comply
26        with this Act.

 

 

HB2565- 27 -LRB102 14488 AWJ 19841 b

1            (B) For authority utility poles that support
2        aerial facilities used to provide communications
3        services or electric service, wireless providers shall
4        comply with the process for make-ready work under 47
5        U.S.C. 224 and its implementing regulations, and the
6        authority shall follow a substantially similar process
7        for make-ready work except to the extent that the
8        timing requirements are otherwise addressed in this
9        Act. The good-faith estimate of the person owning or
10        controlling the authority utility pole for any
11        make-ready work necessary to enable the pole to
12        support the requested collocation shall include
13        authority utility pole replacement, if necessary.
14            (C) For authority utility poles that do not
15        support aerial facilities used to provide
16        communications services or electric service, the
17        authority shall provide a good-faith estimate for any
18        make-ready work necessary to enable the authority
19        utility pole to support the requested collocation,
20        including pole replacement, if necessary, within 90
21        days after receipt of a complete application.
22        Make-ready work, including any authority utility pole
23        replacement, shall be completed within 60 days of
24        written acceptance of the good-faith estimate by the
25        applicant at the wireless provider's sole cost and
26        expense. Alternatively, if the authority determines

 

 

HB2565- 28 -LRB102 14488 AWJ 19841 b

1        that applicable codes or public safety regulations
2        require the authority utility pole to be replaced to
3        support the requested collocation, the authority may
4        require the wireless provider to replace the authority
5        utility pole at the wireless provider's sole cost and
6        expense.
7            (D) The authority shall not require more
8        make-ready work than required to meet applicable codes
9        or industry standards. Make-ready work may include
10        work needed to accommodate additional public safety
11        communications needs that are identified in a
12        documented and approved plan for the deployment of
13        public safety equipment as specified in paragraph (1)
14        of subsection (d) of this Section and included in an
15        existing or preliminary authority or public service
16        agency budget for attachment within one year of the
17        application. Fees for make-ready work, including any
18        authority utility pole replacement, shall not exceed
19        actual costs or the amount charged to communications
20        service providers for similar work and shall not
21        include any consultants' fees or expenses for
22        authority utility poles that do not support aerial
23        facilities used to provide communications services or
24        electric service. Make-ready work, including any pole
25        replacement, shall be completed within 60 days of
26        written acceptance of the good-faith estimate by the

 

 

HB2565- 29 -LRB102 14488 AWJ 19841 b

1        wireless provider, at its sole cost and expense.
2            (E) A wireless provider that has an existing
3        agreement with the authority on the effective date of
4        the Act may accept the rates, fees, and terms that an
5        authority makes available under this Act for the
6        collocation of small wireless facilities or the
7        installation of new utility poles for the collocation
8        of small wireless facilities that are the subject of
9        an application submitted 2 or more years after the
10        effective date of the Act as provided in this
11        paragraph (4) by notifying the authority that it opts
12        to accept such rates, fees, and terms. The existing
13        agreement remains in effect, subject to applicable
14        termination provisions, for the small wireless
15        facilities the wireless provider has collocated on the
16        authority's utility poles pursuant to applications
17        submitted to the authority before the wireless
18        provider provides such notice and exercises its option
19        under this subparagraph.
20    (j) An authority shall authorize the collocation of small
21wireless facilities on utility poles owned or controlled by
22the authority that are not located within rights-of-way to the
23same extent the authority currently permits access to utility
24poles for other commercial projects or uses. The collocations
25shall be subject to reasonable and nondiscriminatory rates,
26fees, and terms as provided in an agreement between the

 

 

HB2565- 30 -LRB102 14488 AWJ 19841 b

1authority and the wireless provider.
2    (k) Nothing in this Section precludes an authority from
3adopting reasonable rules with respect to the removal of
4abandoned small wireless facilities. A small wireless facility
5that is not operated for a continuous period of 12 months shall
6be considered abandoned and the owner of the facility must
7remove the small wireless facility within 90 days after
8receipt of written notice from the authority notifying the
9owner of the abandonment. The notice shall be sent by
10certified or registered mail, return receipt requested, by the
11authority to the owner at the last known address of the owner.
12If the small wireless facility is not removed within 90 days of
13such notice, the authority may remove or cause the removal of
14the such facility pursuant to the terms of its pole attachment
15agreement for authority utility poles or through whatever
16actions are provided for abatement of nuisances or by other
17law for removal and cost recovery. An authority may require a
18wireless provider to provide written notice to the authority
19if it sells or transfers small wireless facilities subject to
20this Act within the jurisdictional boundary of the authority.
21Such notice shall include the name and contact information of
22the new wireless provider.
23    (l) Nothing in this Section requires an authority to
24install or maintain any specific utility pole or to continue
25to install or maintain utility poles in any location if the
26authority makes a non-discriminatory decision to eliminate

 

 

HB2565- 31 -LRB102 14488 AWJ 19841 b

1above-ground utility poles of a particular type generally,
2such as electric utility poles, in all or a significant
3portion of its geographic jurisdiction. For authority utility
4poles with collocated small wireless facilities in place when
5an authority makes a decision to eliminate above-ground
6utility poles of a particular type generally, the authority
7shall either (i) continue to maintain the authority utility
8pole or install and maintain a reasonable alternative utility
9pole or wireless support structure for the collocation of the
10small wireless facility, or (ii) offer to sell the utility
11pole to the wireless provider at a reasonable cost or allow the
12wireless provider to install its own utility pole so it can
13maintain service from that location.
14(Source: P.A. 100-585, eff. 6-1-18.)
 
15    (50 ILCS 840/20)  (was 50 ILCS 835/20)
16    (Section scheduled to be repealed on June 1, 2021)
17    Sec. 20. Local authority. Subject to this Act and
18applicable federal law, an authority may continue to exercise
19zoning, land use, planning, and permitting authority within
20its territorial boundaries, including with respect to wireless
21support structures and utility poles; except that no authority
22shall have or exercise any jurisdiction or authority over the
23design, engineering, construction, installation, or operation
24of any small wireless facility located in an interior
25structure or upon the site of any campus, stadium, or athletic

 

 

HB2565- 32 -LRB102 14488 AWJ 19841 b

1facility not otherwise owned or controlled by the authority,
2other than to comply with applicable codes and local code
3provisions concerning public safety. Nothing in this Act
4authorizes the State or any political subdivision, including
5an authority, to require wireless facility deployment or to
6regulate wireless services.
7(Source: P.A. 100-585, eff. 6-1-18.)
 
8    (50 ILCS 840/45 new)
9    Sec. 45. Trespass; property rights; federal defenses.
10Nothing in this Act is intended to permit trespass on
11privately-owned land or limit any individual property rights.
12All objections or defenses to the installation or operation of
13wireless facilities which are available under federal law are
14preserved and available in Illinois.
 
15    (50 ILCS 840/50 new)
16    Sec. 50. Compliance and recordkeeping.
17    (a) In addition to any other enforcement mechanisms
18available, violations of radio frequency standards and limits,
19including those adopted by the FCC, shall be considered
20violations of subsection (a) of Section (9) of the Illinois
21Environmental Protection Act and may be enforced by the same
22persons and in the same manner as violations of subsection (a)
23of Section (9) of the Illinois Environmental Protection Act.
24The Illinois Environmental Protection Agency shall propose,

 

 

HB2565- 33 -LRB102 14488 AWJ 19841 b

1within 6 months of the effective date of this amendatory Act of
2the 102nd General Assembly, and the Illinois Pollution Control
3Board shall adopt, within 18 months of the effective date of
4this amendatory Act of the 102nd General Assembly, rules for
5monitoring radio frequency emissions, requiring sources of
6radio frequency emissions to report violations of radio
7frequency limits, rules for permitting sources of radio
8frequency emissions, and modifications of such sources. Such
9rules may define categories of permits and may exempt certain
10sources as appropriate on the basis of radiation impact.
11    (b) The Illinois Environmental Protection Agency shall
12maintain a publicly available database of permit applications,
13information required by paragraph (2) of subsection (d) of
14Section 15, non-confidential complaints, monitoring data, and
15enforcement complaints and resolutions.
 
16    (50 ILCS 840/55 new)
17    Sec. 55. Setbacks. The Illinois Environmental Protection
18Agency shall propose, within one year of the effective date of
19this amendatory Act of the 102nd General Assembly, and the
20Illinois Pollution Control Board shall adopt, within 2 years
21of the effective date of this amendatory Act of the 102nd
22General Assembly, rules specifying a minimum distance between
23sources of radio frequency emissions and residences, schools,
24childcare facilities, and hospitals or other buildings with
25sensitive populations. Such distance requirements may vary

 

 

HB2565- 34 -LRB102 14488 AWJ 19841 b

1based on the level of radiation in the area and such other
2metrics as are appropriate to protect health and the
3environment. Until such rules are effective all new small
4wireless facilities or modifications of such sources which
5would result in an increase of radiation shall be prohibited
6within 200 feet of residences, schools, childcare facilities,
7hospitals, and other buildings which house sensitive
8populations.
 
9    (50 ILCS 840/60 new)
10    Sec. 60. Notice. No person shall install or construct a
11new source of radio frequency emissions or modify an existing
12such source, so as to increase its radiation, without
13providing written notices, including contact information for
14itself and the authority or agency making permit decisions,
15and a web address at which the permit application or
16information required by section paragraph (2) of subsection
17(d) of Section 15 can be accessed to all residents and property
18owners within 250 feet of the proposed source or modification.
19Notice of intent to construct shall be given at the time of
20permit application or, if no permit is necessary, then no
21lesser than 90 days prior to the earliest proposed date on
22which construction or installation could begin. Notice of
23energizing shall be given in the same manner and no less than
2410 days prior to energizing the source or modification.