Illinois General Assembly - Full Text of HB5037
Illinois General Assembly

  Bills & Resolutions  
  Compiled Statutes  
  Public Acts  
  Legislative Reports  
  IL Constitution  
  Legislative Guide  
  Legislative Glossary  

 Search By Number
 (example: HB0001)
Search Tips

Search By Keyword

Full Text of HB5037  102nd General Assembly

HB5037 102ND GENERAL ASSEMBLY

  
  

 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB5037

 

Introduced 1/27/2022, by Rep. Deanne M. Mazzochi

 

SYNOPSIS AS INTRODUCED:
 
65 ILCS 5/Art. 11 Div. 117.2 heading new
65 ILCS 5/11-117.2-1 new
220 ILCS 5/10-205 new

    Amends the Illinois Municipal Code and the Public Utilities Act. Provides that when a utility easement is materially changed such that it interferes with the quit enjoyment of a residential property, the property owner shall have a civil cause of action in the State for an injunction against such modification. Provides that the injunction may not extend beyond the duration of the existing owner's residential use, provided that a successor-in-interest to the owner's entire rights of title and possession shall, within 90 days of acquiring title, notify the utility in writing of a desire to continue the easement on existing terms conditions. Provides conditions where a residential property owner's utility easement is presumptively changed so as to interfere with use. Provides that prior to installation within a residence's easement, notice of the installation shall be provided to the residential owner's address. Provides that the notice shall include certain requirements.


LRB102 25146 AMQ 34408 b

 

 

A BILL FOR

 

HB5037LRB102 25146 AMQ 34408 b

1    AN ACT concerning utilities.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Municipal Code is amended by
5adding Division 117.2 to Article 11 and Section 11-117.2-1 as
6follows:
 
7    (65 ILCS 5/Art. 11 Div. 117.2 heading new)
8
DIVISION 117.2.
9
UTILITY EASEMENTS

 
10    (65 ILCS 5/11-117.2-1 new)
11    Sec. 11-117.2-1. Cause of action for an injunction or
12modification of a utility easement. When a utility easement
13is, or is planned to be changed in a manner that materially
14changes the easement, such that it does or will interfere with
15the quiet enjoyment of a residential property by the property
16owner, or lawfully leased residential tenant, the property
17owner or lawfully leased tenant shall have a civil cause of
18action in this State for an injunction against such
19modification of a utility easement. The injunction may not
20extend beyond the duration of the existing owner's residential
21use, or tenant's residential use, provided that a
22successor-in-interest to the owner's entire rights of title

 

 

HB5037- 2 -LRB102 25146 AMQ 34408 b

1and possession shall, within 90 days of acquiring title,
2notify the utility in writing of a desire to continue the
3easement on existing terms and conditions, or else such
4objection shall be waived.
5    For purposes of this cause of action, and notwithstanding
6any other provision of law, a residential property owner's
7utility easement is presumptively changed so as to interfere
8with use if any of the following conditions apply:
9        (1) an existing telephone or electric pole is
10    increased by more than 50% of the existing height; a new
11    telephone or electric pole is added that exceeds the
12    height of the neighboring 10 poles by 20%; the number of
13    telephone or electric poles within the existing easement
14    space associated with the homeowner that contain a small
15    cell wireless installation is increased; or, a box,
16    including, but not limited to, an equipment cabinet,
17    street furniture, ground furniture, or ground fixtures, is
18    installed within 25 feet of an existing driveway,
19    sidewalk, front door, or children's play area;
20        (2) the number of small cell wireless facilities,
21    canisters, or antennas on any existing poles or wire or
22    other apparatus that contacts or enters into a residence
23    on the property exceeds one within the existing easement
24    space associated with the residential property; or
25        (3) a documented environmental condition or
26    deterioration of health condition has arisen in connection

 

 

HB5037- 3 -LRB102 25146 AMQ 34408 b

1    with prior installations of comparable devices within
2    easements in connection with the installation of wireless
3    facilities in or near the property or within the
4    community.
5    Interference with the quiet enjoyment of property of a
6residence independently shall be presumed if wireless
7facilities or installations are installed in easement
8locations where no documented gap in coverage exists for the
9residence or residences in question, or for a location within
10500 feet of such location. To demonstrate a gap in coverage,
11the burden shall be on the proposed installer or permit
12applicant to secure a drive test by an independent radio
13frequency engineer shall first be prepared. Prior to
14installation within a residence's easement, notice of the
15installation shall be provided to the residential address, to
16be sent by first class mail with the phrase "Legal Notice of
17Proposed Installation" displayed prominently on the envelope,
18with either a copy of the report, or a working electronic link
19to the report to be provided. The report shall include a
20description of the placement and an explanation why the
21proposed installation is the least intrusive means for
22remedying any gap in service, and notify the resident of an
23individual who has been designated to serve as a contact
24person to address any complaints, or provide reasonable
25accommodation, including under the federal Americans with
26Disability Act. The report shall also be provided to any city,

 

 

HB5037- 4 -LRB102 25146 AMQ 34408 b

1village, or other unit of local government that has permitting
2authority over the wireless facility installation, as well as
3the local assessor's office, so that the assessor can
4ascertain whether the proposed installation will lead to the
5depreciation of the value of the adjacent real estate in
6accordance with Article IX, Section 4(c) of the Illinois
7Constitution.
 
8    Section 10. The Public Utilities Act is amended by adding
9Section 10-205 as follows:
 
10    (220 ILCS 5/10-205 new)
11    Sec. 10-205. Cause of action for an injunction or
12modification of a utility easement. When a utility easement
13is, or is planned to be changed in a manner that materially
14changes the easement, such that it does or will interfere with
15the quiet enjoyment of a residential property by the property
16owner, or lawfully leased residential tenant, the property
17owner or lawfully leased tenant shall have a civil cause of
18action in this State for an injunction against such
19modification of a utility easement. The injunction may not
20extend beyond the duration of the existing owner's residential
21use, or tenant's residential use, provided that a
22successor-in-interest to the owner's entire rights of title
23and possession shall, within 90 days of acquiring title,
24notify the utility in writing of a desire to continue the

 

 

HB5037- 5 -LRB102 25146 AMQ 34408 b

1easement on existing terms and conditions, or else such
2objection shall be waived.
3    For purposes of this cause of action, and notwithstanding
4any other provision of law, a residential property owner's
5utility easement is presumptively changed so as to interfere
6with use if any of the following conditions apply:
7        (1) an existing telephone or electric pole is
8    increased by more than 50% of the existing height; a new
9    telephone or electric pole is added that exceeds the
10    height of the neighboring 10 poles by 20%; the number of
11    telephone or electric poles within the existing easement
12    space associated with the homeowner that contain a small
13    cell wireless installation is increased; or, a box,
14    including, but not limited to, an equipment cabinet,
15    street furniture, ground furniture, or ground fixtures, is
16    installed within 25 feet of an existing driveway,
17    sidewalk, front door, or children's play area;
18        (2) the number of small cell wireless facilities,
19    canisters, or antennas on any existing poles or wire or
20    other apparatus that contacts or enters into a residence
21    on the property exceeds one within the existing easement
22    space associated with the residential property; or
23        (3) a documented environmental condition or
24    deterioration of health condition has arisen in connection
25    with prior installations of comparable devices within
26    easements in connection with the installation of wireless

 

 

HB5037- 6 -LRB102 25146 AMQ 34408 b

1    facilities in or near the property or within the
2    community.
3    Interference with the quiet enjoyment of property of a
4residence independently shall be presumed if wireless
5facilities or installations are installed in easement
6locations where no documented gap in coverage exists for the
7residence or residences in question, or for a location within
8500 feet of such location. To demonstrate a gap in coverage,
9the burden shall be on the proposed installer or permit
10applicant to secure a drive test by an independent radio
11frequency engineer shall first be prepared. Prior to
12installation within a residence's easement, notice of the
13installation shall be provided to the residential address, to
14be sent by first class mail with the phrase "Legal Notice of
15Proposed Installation" displayed prominently on the envelope,
16with either a copy of the report, or a working electronic link
17to the report to be provided. The report shall include a
18description of the placement and an explanation why the
19proposed installation is the least intrusive means for
20remedying any gap in service, and notify the resident of an
21individual who has been designated to serve as a contact
22person to address any complaints, or provide reasonable
23accommodation, including under the federal Americans with
24Disability Act. The report shall also be provided to any city,
25village, or other unit of local government that has permitting
26authority over the wireless facility installation, as well as

 

 

HB5037- 7 -LRB102 25146 AMQ 34408 b

1the local assessor's office, so that the assessor can
2ascertain whether the proposed installation will lead to the
3depreciation of the value of the adjacent real estate in
4accordance with Article IX, Section 4(c) of the Illinois
5Constitution.