Illinois General Assembly - Full Text of HB4615
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Full Text of HB4615  103rd General Assembly



HB4615 EnrolledLRB103 37800 RPS 67929 b

1    AN ACT concerning regulation.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Illinois Administrative Procedure Act is
5amended by renumbering and changing Section 5-45.35 as added
6by Public Act 103-568 as follows:
7    (5 ILCS 100/5-45.52)
8    (Section scheduled to be repealed on December 8, 2024)
9    Sec. 5-45.52 5-45.35. Emergency rulemaking; Public Act
10103-568 this amendatory Act of the 103rd General Assembly. To
11provide for the expeditious and timely implementation of
12Public Act 103-568 this amendatory Act of the 103rd General
13Assembly, emergency rules implementing Public Act 103-568 this
14amendatory Act of the 103rd General Assembly may be adopted in
15accordance with Section 5-45 by the Department of Financial
16and Professional Regulation. The adoption of emergency rules
17authorized by Section 5-45 and this Section is deemed to be
18necessary for the public interest, safety, and welfare.
19    This Section is repealed on August 4, 2025 one year after
20the effective date of this amendatory Act of the 103rd General
22(Source: P.A. 103-568, eff. 12-8-23; revised 12-22-23.)



HB4615 Enrolled- 2 -LRB103 37800 RPS 67929 b

1    Section 10. The Department of Professional Regulation Law
2of the Civil Administrative Code of Illinois is amended by
3changing Section 2105-380 as follows:
4    (20 ILCS 2105/2105-380)
5    (Section scheduled to be repealed on December 8, 2024)
6    Sec. 2105-380. Extension of expiration dates or renewal
7periods for specified licenses, registrations, or
9    (a) If the Secretary finds that there is a significant
10operational need to do so or that it is necessary to do so to
11avoid undue hardship on a class of individuals whose
12professional licenses, registrations, or certificates are
13issued by the Department, then the Secretary shall extend the
14expiration date or renewal period of the license,
15registration, or certificate of those individuals for a period
16not to exceed the standard renewal period for those licenses,
17registrations, or certificates. Factors that may be considered
18by the Secretary when determining whether to extend the
19expiration date or renewal period shall include, but are not
20limited to:
21        (1) the number of applications pending;
22        (2) the percentage of applicants or licensees,
23    registrants, or certificate holders waiting for Department
24    action on their applications compared to the number of
25    licensees, registrants, or certificate holders in the



HB4615 Enrolled- 3 -LRB103 37800 RPS 67929 b

1    profession;
2        (3) the number of licenses, registrations, or
3    certificates that have expired while pending Department
4    action on renewal;
5        (4) whether there is a shortage of licensees,
6    registrants, or certificate holders providing the
7    professional service;
8        (5) the potential impact on the Department's
9    operational budget; and
10        (6) any other licensing-related factors that are
11    deemed relevant by the Department and are prescribed by
12    rule.
13    (b) The Secretary shall waive the payment of late fees for
14a licensee, registrant, or certificate holder in a profession
15whose expiration date or renewal period has been extended
16under this Section and in those cases where Department
17processing delays result in the expiration of a license,
18registration, or certificate.
19    (c) The Department may adopt rules or emergency rules to
20implement and administer this Section.
21    (d) This Section is repealed January 1, 2026 one year
22after the effective date of this amendatory Act of the 103rd
23General Assembly.
24(Source: P.A. 103-568, eff. 12-8-23.)
25    Section 15. The Illinois Grant Funds Recovery Act is



HB4615 Enrolled- 4 -LRB103 37800 RPS 67929 b

1amended by changing Section 5.1 as follows:
2    (30 ILCS 705/5.1)
3    (Section scheduled to be repealed on July 31, 2024)
4    Sec. 5.1. Restoration of grant award.
5    (a) A grantee who received an award pursuant to the Open
6Space Lands Acquisition and Development Act who was unable to
7complete the project within the 2 years required by Section 5
8due to the COVID-19 public health emergency, and whose grant
9agreement expired between January 1, 2021 and July 29, 2021,
10shall be eligible for an award under the same terms as the
11expired grant agreement, subject to the availability of
12appropriated moneys in the fund from which the original
13disbursement to the grantee was made. The grantee must
14demonstrate prior compliance with the terms and conditions of
15the expired award to be eligible for funding under this
17    (b) Any grant funds not expended or legally obligated by
18the expiration of the newly executed agreement must be
19returned to the grantor agency within 45 days, if the funds are
20not already on deposit with the grantor agency or the State
21Treasurer. Such returned funds shall be deposited into the
22fund from which the original grant disbursement to the grantee
23was made.
24    (c) This Section is repealed on July 1, 2025 July 31, 2024.
25(Source: P.A. 102-699, eff. 4-19-22.)



HB4615 Enrolled- 5 -LRB103 37800 RPS 67929 b

1    Section 20. The Small Wireless Facilities Deployment Act
2is amended by changing Sections 15, 25, and 90 as follows:
3    (50 ILCS 840/15)  (was 50 ILCS 835/15)
4    (Section scheduled to be repealed on December 31, 2024)
5    Sec. 15. Regulation of small wireless facilities.
6    (a) This Section applies to activities of a wireless
7provider within or outside rights-of-way.
8    (b) Except as provided in this Section, an authority may
9not prohibit, regulate, or charge for the collocation of small
10wireless facilities.
11    (c) Small wireless facilities shall be classified as
12permitted uses and subject to administrative review in
13conformance with this Act, except as provided in paragraph (5)
14of subsection (d) of this Section regarding height exceptions
15or variances, but not subject to zoning review or approval if
16they are collocated (i) in rights-of-way in any zone, or (ii)
17outside rights-of-way in property zoned exclusively for
18commercial or industrial use.
19    (d) An authority may require an applicant to obtain one or
20more permits to collocate a small wireless facility. An
21authority shall receive applications for, process, and issue
22permits subject to the following requirements:
23        (1) An authority may not directly or indirectly
24    require an applicant to perform services unrelated to the



HB4615 Enrolled- 6 -LRB103 37800 RPS 67929 b

1    collocation for which approval is sought, such as in-kind
2    contributions to the authority, including reserving fiber,
3    conduit, or utility pole space for the authority on the
4    wireless provider's utility pole. An authority may reserve
5    space on authority utility poles for future public safety
6    uses or for the authority's electric utility uses, but a
7    reservation of space may not preclude the collocation of a
8    small wireless facility unless the authority reasonably
9    determines that the authority utility pole cannot
10    accommodate both uses.
11        (2) An applicant shall not be required to provide more
12    information to obtain a permit than the authority requires
13    of a communications service provider that is not a
14    wireless provider that requests to attach facilities to a
15    structure; however, a wireless provider may be required to
16    provide the following information when seeking a permit to
17    collocate small wireless facilities on a utility pole or
18    wireless support structure:
19            (A) site specific structural integrity and, for an
20        authority utility pole, make-ready analysis prepared
21        by a structural engineer, as that term is defined in
22        Section 4 of the Structural Engineering Practice Act
23        of 1989;
24            (B) the location where each proposed small
25        wireless facility or utility pole would be installed
26        and photographs of the location and its immediate



HB4615 Enrolled- 7 -LRB103 37800 RPS 67929 b

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



HB4615 Enrolled- 8 -LRB103 37800 RPS 67929 b

1    however, with respect to an application for the
2    collocation of a small wireless facility associated with a
3    new utility pole, an authority may propose that the small
4    wireless facility be collocated on an existing utility
5    pole or existing wireless support structure within 200
6    feet of the proposed collocation, which the applicant
7    shall accept if it has the right to use the alternate
8    structure on reasonable terms and conditions and the
9    alternate location and structure does not impose technical
10    limits or additional material costs as determined by the
11    applicant. The authority may require the applicant to
12    provide a written certification describing the property
13    rights, technical limits or material cost reasons the
14    alternate location does not satisfy the criteria in this
15    paragraph (3).
16        (4) Subject to paragraph (6), an authority may not
17    limit the placement of small wireless facilities mounted
18    on a utility pole or a wireless support structure by
19    minimum horizontal separation distances.
20        (5) An authority may limit the maximum height of a
21    small wireless facility to 10 feet above the utility pole
22    or wireless support structure on which the small wireless
23    facility is collocated. Subject to any applicable waiver,
24    zoning, or other process that addresses wireless provider
25    requests for an exception or variance and does not
26    prohibit granting of such exceptions or variances, the



HB4615 Enrolled- 9 -LRB103 37800 RPS 67929 b

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



HB4615 Enrolled- 10 -LRB103 37800 RPS 67929 b

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



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



HB4615 Enrolled- 12 -LRB103 37800 RPS 67929 b

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



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1        identified by the authority in an ordinance, written
2        policy adopted by the governing board of the
3        authority, a comprehensive plan, or other written
4        design plan that applies to other occupiers of the
5        rights-of-way, including on a historic landmark or in
6        a historic district;
7            (I) subject to subsection (c) of this Section, and
8        except for facilities excluded from evaluation for
9        effects on historic properties under 47 CFR
10        1.1307(a)(4), reasonable, technically feasible and
11        non-discriminatory design or concealment measures in a
12        historic district or historic landmark; any such
13        design or concealment measures, including restrictions
14        on a specific category of poles, may not have the
15        effect of prohibiting any provider's technology; such
16        design and concealment measures shall not be
17        considered a part of the small wireless facility for
18        purposes of the size restrictions of a small wireless
19        facility; this paragraph may not be construed to limit
20        an authority's enforcement of historic preservation in
21        conformance with the requirements adopted pursuant to
22        the Illinois State Agency Historic Resources
23        Preservation Act or the National Historic Preservation
24        Act of 1966, 54 U.S.C. Section 300101 et seq., and the
25        regulations adopted to implement those laws; and
26            (J) When a wireless provider replaces or adds a



HB4615 Enrolled- 14 -LRB103 37800 RPS 67929 b

1        new radio transceiver or antennas to an existing small
2        wireless facility, certification by the wireless
3        provider from a radio engineer that the continuing
4        operation of the small wireless facility complies with
5        all applicable FCC standards.
6        (7) Within 30 days after receiving an application, an
7    authority must determine whether the application is
8    complete and notify the applicant. If an application is
9    incomplete, an authority must specifically identify the
10    missing information. An application shall be deemed
11    complete if the authority fails to provide notification to
12    the applicant within 30 days after when all documents,
13    information, and fees specifically enumerated in the
14    authority's permit application form are submitted by the
15    applicant to the authority. Processing deadlines are
16    tolled from the time the authority sends the notice of
17    incompleteness to the time the applicant provides the
18    missing information.
19        (8) An authority shall process applications as
20    follows:
21            (A) an application to collocate a small wireless
22        facility on an existing utility pole or wireless
23        support structure shall be processed on a
24        nondiscriminatory basis and deemed approved if the
25        authority fails to approve or deny the application
26        within 90 days; however, if an applicant intends to



HB4615 Enrolled- 15 -LRB103 37800 RPS 67929 b

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



HB4615 Enrolled- 16 -LRB103 37800 RPS 67929 b

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



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1    activity on a deemed approved basis, which may be
2    submitted with the resubmitted application. Any subsequent
3    review shall be limited to the deficiencies cited in the
4    denial. However, this revised application cure does not
5    apply if the cure requires the review of a new location,
6    new or different structure to be collocated upon, new
7    antennas, or other wireless equipment associated with the
8    small wireless facility.
9        (10) The time period for applications may be further
10    tolled by:
11            (A) the express agreement in writing by both the
12        applicant and the authority; or
13            (B) a local, State, or federal disaster
14        declaration or similar emergency that causes the
15        delay.
16        (11) An applicant seeking to collocate small wireless
17    facilities within the jurisdiction of a single authority
18    shall be allowed, at the applicant's discretion, to file a
19    consolidated application and receive a single permit for
20    the collocation of up to 25 small wireless facilities if
21    the collocations each involve substantially the same type
22    of small wireless facility and substantially the same type
23    of structure. If an application includes multiple small
24    wireless facilities, the authority may remove small
25    wireless facility collocations from the application and
26    treat separately small wireless facility collocations for



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1    which incomplete information has been provided or that do
2    not qualify for consolidated treatment or that are denied.
3    The authority may issue separate permits for each
4    collocation that is approved in a consolidated
5    application.
6        (12) Collocation for which a permit is granted shall
7    be completed within 180 days after issuance of the permit,
8    unless the authority and the wireless provider agree to
9    extend this period or a delay is caused by make-ready work
10    for an authority utility pole or by the lack of commercial
11    power or backhaul availability at the site, provided the
12    wireless provider has made a timely request within 60 days
13    after the issuance of the permit for commercial power or
14    backhaul services, and the additional time to complete
15    installation does not exceed 360 days after issuance of
16    the permit. Otherwise, the permit shall be void unless the
17    authority grants an extension in writing to the applicant.
18        (13) The duration of a permit shall be for a period of
19    not less than 5 years, and the permit shall be renewed for
20    equivalent durations unless the authority makes a finding
21    that the small wireless facilities or the new or modified
22    utility pole do not comply with the applicable codes or
23    local code provisions or regulations in paragraphs (6) and
24    (9). If this Act is repealed as provided in Section 90,
25    renewals of permits shall be subject to the applicable
26    authority code provisions or regulations in effect at the



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1    time of renewal.
2        (14) An authority may not prohibit, either expressly
3    or de facto, the (i) filing, receiving, or processing
4    applications, or (ii) issuing of permits or other
5    approvals, if any, for the collocation of small wireless
6    facilities unless there has been a local, State, or
7    federal disaster declaration or similar emergency that
8    causes the delay.
9        (15) Applicants shall submit applications, supporting
10    information, and notices by personal delivery or as
11    otherwise required by the authority. An authority may
12    require that permits, supporting information, and notices
13    be submitted by personal delivery at the authority's
14    designated place of business, by regular mail postmarked
15    on the date due, or by any other commonly used means,
16    including electronic mail, as required by the authority.
17    (e) Application fees are subject to the following
19        (1) An authority may charge an application fee of up
20    to $650 for an application to collocate a single small
21    wireless facility on an existing utility pole or wireless
22    support structure and up to $350 for each small wireless
23    facility addressed in an application to collocate more
24    than one small wireless facility on existing utility poles
25    or wireless support structures.
26        (2) An authority may charge an application fee of



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1    $1,000 for each small wireless facility addressed in an
2    application that includes the installation of a new
3    utility pole for such collocation.
4        (3) Notwithstanding any contrary provision of State
5    law or local ordinance, applications pursuant to this
6    Section must be accompanied by the required application
7    fee.
8        (4) Within 2 months after the effective date of this
9    Act, an authority shall make available application fees
10    consistent with this subsection, through ordinance, or in
11    a written schedule of permit fees adopted by the
12    authority.
13        (5) Notwithstanding any provision of this Act to the
14    contrary, an authority may charge recurring rates and
15    application fees up to the amount permitted by the Federal
16    Communication Commission in its Declaratory Ruling and
17    Third Report and Order adopted on September 26, 2018 in WT
18    Docket Nos. 17-70, 17-84 and cited as 33 FCC Rcd 9088,
19    9129, or any subsequent ruling, order, or guidance issued
20    by the Federal Communication Commission regarding fees and
21    recurring rates.
22    (f) An authority shall not require an application,
23approval, or permit, or require any fees or other charges,
24from a communications service provider authorized to occupy
25the rights-of-way, for: (i) routine maintenance; (ii) the
26replacement of wireless facilities with wireless facilities



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1that are substantially similar, the same size, or smaller if
2the wireless provider notifies the authority at least 10 days
3prior to the planned replacement and includes equipment
4specifications for the replacement of equipment consistent
5with the requirements of subparagraph (D) of paragraph (2) of
6subsection (d) of this Section; or (iii) the installation,
7placement, maintenance, operation, or replacement of micro
8wireless facilities that are suspended on cables that are
9strung between existing utility poles in compliance with
10applicable safety codes. However, an authority may require a
11permit to work within rights-of-way for activities that affect
12traffic patterns or require lane closures.
13    (g) Nothing in this Act authorizes a person to collocate
14small wireless facilities on: (1) property owned by a private
15party or property owned or controlled by a unit of local
16government that is not located within rights-of-way, subject
17to subsection (j) of this Section, or a privately owned
18utility pole or wireless support structure without the consent
19of the property owner; (2) property owned, leased, or
20controlled by a park district, forest preserve district, or
21conservation district for public park, recreation, or
22conservation purposes without the consent of the affected
23district, excluding the placement of facilities on
24rights-of-way located in an affected district that are under
25the jurisdiction and control of a different unit of local
26government as provided by the Illinois Highway Code; or (3)



HB4615 Enrolled- 22 -LRB103 37800 RPS 67929 b

1property owned by a rail carrier registered under Section
218c-7201 of the Illinois Vehicle Code, Metra Commuter Rail or
3any other public commuter rail service, or an electric utility
4as defined in Section 16-102 of the Public Utilities Act,
5without the consent of the rail carrier, public commuter rail
6service, or electric utility. The provisions of this Act do
7not apply to an electric or gas public utility or such
8utility's wireless facilities if the facilities are being
9used, developed, and maintained consistent with the provisions
10of subsection (i) of Section 16-108.5 of the Public Utilities
12    For the purposes of this subsection, "public utility" has
13the meaning given to that term in Section 3-105 of the Public
14Utilities Act. Nothing in this Act shall be construed to
15relieve any person from any requirement (1) to obtain a
16franchise or a State-issued authorization to offer cable
17service or video service or (2) to obtain any required
18permission to install, place, maintain, or operate
19communications facilities, other than small wireless
20facilities subject to this Act.
21    (h) Agreements between authorities and wireless providers
22that relate to the collocation of small wireless facilities in
23the right-of-way, including the collocation of small wireless
24facilities on authority utility poles, that are in effect on
25the effective date of this Act remain in effect for all small
26wireless facilities collocated on the authority's utility



HB4615 Enrolled- 23 -LRB103 37800 RPS 67929 b

1poles pursuant to applications submitted to the authority
2before the effective date of this Act, subject to applicable
3termination provisions. Such agreements entered into after the
4effective date of the Act shall comply with the Act.
5    (i) An authority shall allow the collocation of small
6wireless facilities on authority utility poles subject to the
8        (1) An authority may not enter into an exclusive
9    arrangement with any person for the right to attach small
10    wireless facilities to authority utility poles.
11        (2) The rates and fees for collocations on authority
12    utility poles shall be nondiscriminatory regardless of the
13    services provided by the collocating person.
14        (3) An authority may charge an annual recurring rate
15    to collocate a small wireless facility on an authority
16    utility pole located in a right-of-way that equals (i)
17    $270 $200 per year or (ii) the actual, direct, and
18    reasonable costs related to the wireless provider's use of
19    space on the authority utility pole. Rates for collocation
20    on authority utility poles located outside of a
21    right-of-way are not subject to these limitations. In any
22    controversy concerning the appropriateness of a cost-based
23    rate for an authority utility pole located within a
24    right-of-way, the authority shall have the burden of
25    proving that the rate does not exceed the actual, direct,
26    and reasonable costs for the applicant's proposed use of



HB4615 Enrolled- 24 -LRB103 37800 RPS 67929 b

1    the authority utility pole. Nothing in this paragraph (3)
2    prohibits a wireless provider and an authority from
3    mutually agreeing to an annual recurring rate of less than
4    $270 $200 to collocate a small wireless facility on an
5    authority utility pole.
6        (4) Authorities or other persons owning or controlling
7    authority utility poles within the right-of-way shall
8    offer rates, fees, and other terms that comply with
9    subparagraphs (A) through (E) of this paragraph (4).
10    Within 2 months after the effective date of this Act, an
11    authority or a person owning or controlling authority
12    utility poles shall make available, through ordinance or
13    an authority utility pole attachment agreement, license or
14    other agreement that makes available to wireless
15    providers, the rates, fees, and terms for the collocation
16    of small wireless facilities on authority utility poles
17    that comply with this Act and with subparagraphs (A)
18    through (E) of this paragraph (4). In the absence of such
19    an ordinance or agreement that complies with this Act, and
20    until such a compliant ordinance or agreement is adopted,
21    wireless providers may collocate small wireless facilities
22    and install utility poles under the requirements of this
23    Act.
24            (A) The rates, fees, and terms must be
25        nondiscriminatory, competitively neutral, and
26        commercially reasonable, and may address, among other



HB4615 Enrolled- 25 -LRB103 37800 RPS 67929 b

1        requirements, the requirements in subparagraphs (A)
2        through (I) of paragraph (6) of subsection (d) of this
3        Section; subsections (e), (i), and (k) of this
4        Section; Section 30; and Section 35, and must comply
5        with this Act.
6            (B) For authority utility poles that support
7        aerial facilities used to provide communications
8        services or electric service, wireless providers shall
9        comply with the process for make-ready work under 47
10        U.S.C. 224 and its implementing regulations, and the
11        authority shall follow a substantially similar process
12        for make-ready work except to the extent that the
13        timing requirements are otherwise addressed in this
14        Act. The good-faith estimate of the person owning or
15        controlling the authority utility pole for any
16        make-ready work necessary to enable the pole to
17        support the requested collocation shall include
18        authority utility pole replacement, if necessary.
19            (C) For authority utility poles that do not
20        support aerial facilities used to provide
21        communications services or electric service, the
22        authority shall provide a good-faith estimate for any
23        make-ready work necessary to enable the authority
24        utility pole to support the requested collocation,
25        including pole replacement, if necessary, within 90
26        days after receipt of a complete application.



HB4615 Enrolled- 26 -LRB103 37800 RPS 67929 b

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



HB4615 Enrolled- 27 -LRB103 37800 RPS 67929 b

1        authority utility poles that do not support aerial
2        facilities used to provide communications services or
3        electric service. Make-ready work, including any pole
4        replacement, shall be completed within 60 days of
5        written acceptance of the good-faith estimate by the
6        wireless provider, at its sole cost and expense.
7            (E) A wireless provider that has an existing
8        agreement with the authority on the effective date of
9        the Act may accept the rates, fees, and terms that an
10        authority makes available under this Act for the
11        collocation of small wireless facilities or the
12        installation of new utility poles for the collocation
13        of small wireless facilities that are the subject of
14        an application submitted 2 or more years after the
15        effective date of the Act as provided in this
16        paragraph (4) by notifying the authority that it opts
17        to accept such rates, fees, and terms. The existing
18        agreement remains in effect, subject to applicable
19        termination provisions, for the small wireless
20        facilities the wireless provider has collocated on the
21        authority's utility poles pursuant to applications
22        submitted to the authority before the wireless
23        provider provides such notice and exercises its option
24        under this subparagraph.
25        (5) Notwithstanding any provision of this Act to the
26    contrary, an authority may charge recurring rates and



HB4615 Enrolled- 28 -LRB103 37800 RPS 67929 b

1    application fees up to the amount permitted by the Federal
2    Communication Commission in its Declaratory Ruling and
3    Third Report and Order adopted on September 26, 2018 in WT
4    Docket Nos. 17-70, 17-84 and cited as 33 FCC Rcd 9088,
5    9129, or any subsequent ruling, order, or guidance issued
6    by the Federal Communication Commission regarding fees and
7    recurring rates.
8    (j) An authority shall authorize the collocation of small
9wireless facilities on utility poles owned or controlled by
10the authority that are not located within rights-of-way to the
11same extent the authority currently permits access to utility
12poles for other commercial projects or uses. The collocations
13shall be subject to reasonable and nondiscriminatory rates,
14fees, and terms as provided in an agreement between the
15authority and the wireless provider.
16    (k) Nothing in this Section precludes an authority from
17adopting reasonable rules with respect to the removal of
18abandoned small wireless facilities. A small wireless facility
19that is not operated for a continuous period of 12 months shall
20be considered abandoned and the owner of the facility must
21remove the small wireless facility within 90 days after
22receipt of written notice from the authority notifying the
23owner of the abandonment. The notice shall be sent by
24certified or registered mail, return receipt requested, by the
25authority to the owner at the last known address of the owner.
26If the small wireless facility is not removed within 90 days of



HB4615 Enrolled- 29 -LRB103 37800 RPS 67929 b

1such notice, the authority may remove or cause the removal of
2the facility pursuant to the terms of its pole attachment
3agreement for authority utility poles or through whatever
4actions are provided for abatement of nuisances or by other
5law for removal and cost recovery. An authority may require a
6wireless provider to provide written notice to the authority
7if it sells or transfers small wireless facilities subject to
8this Act within the jurisdictional boundary of the authority.
9Such notice shall include the name and contact information of
10the new wireless provider.
11    (l) Nothing in this Section requires an authority to
12install or maintain any specific utility pole or to continue
13to install or maintain utility poles in any location if the
14authority makes a non-discriminatory decision to eliminate
15above-ground utility poles of a particular type generally,
16such as electric utility poles, in all or a significant
17portion of its geographic jurisdiction. For authority utility
18poles with collocated small wireless facilities in place when
19an authority makes a decision to eliminate above-ground
20utility poles of a particular type generally, the authority
21shall either (i) continue to maintain the authority utility
22pole or install and maintain a reasonable alternative utility
23pole or wireless support structure for the collocation of the
24small wireless facility, or (ii) offer to sell the utility
25pole to the wireless provider at a reasonable cost or allow the
26wireless provider to install its own utility pole so it can



HB4615 Enrolled- 30 -LRB103 37800 RPS 67929 b

1maintain service from that location.
2(Source: P.A. 102-9, eff. 6-3-21; 102-21, eff. 6-25-21.)
3    (50 ILCS 840/25)  (was 50 ILCS 835/25)
4    (Section scheduled to be repealed on December 31, 2024)
5    Sec. 25. Dispute resolution. A circuit court has
6jurisdiction to resolve all disputes arising under this Act.
7Pending resolution of a dispute concerning rates for
8collocation of small wireless facilities on authority utility
9poles within the right-of-way, the authority shall allow the
10collocating person to collocate on its poles at annual rates
11of no more than $270 $200 per year per authority utility pole,
12with rates to be determined upon final resolution of the
14(Source: P.A. 102-21, eff. 6-25-21.)
15    (50 ILCS 840/90)  (was 50 ILCS 835/90)
16    (Section scheduled to be repealed on December 31, 2024)
17    Sec. 90. Repeal. This Act is repealed on January 1, 2030
18December 31, 2024.
19(Source: P.A. 102-9, eff. 6-3-21; 102-21, eff. 6-25-21.)
20    Section 25. The Illinois Municipal Code is amended by
21changing Sections 8-3-14b and 8-3-14c as follows:
22    (65 ILCS 5/8-3-14b)



HB4615 Enrolled- 31 -LRB103 37800 RPS 67929 b

1    (Section scheduled to be repealed on January 1, 2025)
2    Sec. 8-3-14b. Municipal hotel operators' tax in DuPage
3County. For any municipality located within DuPage County that
4belongs to a not-for-profit organization headquartered in
5DuPage County that is recognized by the Department of Commerce
6and Economic Opportunity as a certified local tourism and
7convention bureau entitled to receive State tourism grant
8funds, not less than 75% of the amounts collected pursuant to
9Section 8-3-14 shall be expended by the municipality to
10promote tourism and conventions within that municipality or
11otherwise to attract nonresident overnight visitors to the
12municipality, and the remainder of the amounts collected by a
13municipality within DuPage County pursuant to Section 8-3-14
14may be expended by the municipality for economic development
15or capital infrastructure.
16    This Section is repealed on January 1, 2027 2025.
17(Source: P.A. 101-204, eff. 8-2-19; 102-699, eff. 4-19-22.)
18    (65 ILCS 5/8-3-14c)
19    (Section scheduled to be repealed on January 1, 2025)
20    Sec. 8-3-14c. Municipal hotel use tax in DuPage County.
21For any municipality located within DuPage County that belongs
22to a not-for-profit organization headquartered in DuPage
23County that is recognized by the Department of Commerce and
24Economic Opportunity as a certified local tourism and
25convention bureau entitled to receive State tourism grant



HB4615 Enrolled- 32 -LRB103 37800 RPS 67929 b

1funds, not less than 75% of the amounts collected pursuant to
2Section 8-3-14a shall be expended by the municipality to
3promote tourism and conventions within that municipality or
4otherwise to attract nonresident overnight visitors to the
5municipality, and the remainder of the amounts collected by a
6municipality within DuPage County pursuant to Section 8-3-14a
7may be expended by the municipality for economic development
8or capital infrastructure.
9    This Section is repealed on January 1, 2027 2025.
10(Source: P.A. 101-204, eff. 8-2-19; 102-699, eff. 4-19-22.)
11    Section 30. The School Code is amended by changing Section
1217-2A as follows:
13    (105 ILCS 5/17-2A)  (from Ch. 122, par. 17-2A)
14    Sec. 17-2A. Interfund transfers.
15    (a) The school board of any district having a population
16of less than 500,000 inhabitants may, by proper resolution
17following a public hearing set by the school board or the
18president of the school board (that is preceded (i) by at least
19one published notice over the name of the clerk or secretary of
20the board, occurring at least 7 days and not more than 30 days
21prior to the hearing, in a newspaper of general circulation
22within the school district and (ii) by posted notice over the
23name of the clerk or secretary of the board, at least 48 hours
24before the hearing, at the principal office of the school



HB4615 Enrolled- 33 -LRB103 37800 RPS 67929 b

1board or at the building where the hearing is to be held if a
2principal office does not exist, with both notices setting
3forth the time, date, place, and subject matter of the
4hearing), transfer money from (1) the Educational Fund to the
5Operations and Maintenance Fund or the Transportation Fund,
6(2) the Operations and Maintenance Fund to the Educational
7Fund or the Transportation Fund, (3) the Transportation Fund
8to the Educational Fund or the Operations and Maintenance
9Fund, or (4) the Tort Immunity Fund to the Operations and
10Maintenance Fund of said district, provided that, except
11during the period from July 1, 2003 through June 30, 2026 2024,
12such transfer is made solely for the purpose of meeting
13one-time, non-recurring expenses. Except during the period
14from July 1, 2003 through June 30, 2026 and except as otherwise
15provided in subsection (b) of this Section, any other
16permanent interfund transfers authorized by any provision or
17judicial interpretation of this Code for which the transferee
18fund is not precisely and specifically set forth in the
19provision of this Code authorizing such transfer shall be made
20to the fund of the school district most in need of the funds
21being transferred, as determined by resolution of the school
23    (b) (Blank).
24    (c) Notwithstanding subsection (a) of this Section or any
25other provision of this Code to the contrary, the school board
26of any school district (i) that is subject to the Property Tax



HB4615 Enrolled- 34 -LRB103 37800 RPS 67929 b

1Extension Limitation Law, (ii) that is an elementary district
2servicing students in grades K through 8, (iii) whose
3territory is in one county, (iv) that is eligible for Section
47002 Federal Impact Aid, and (v) that has no more than $81,000
5in funds remaining from refinancing bonds that were refinanced
6a minimum of 5 years prior to January 20, 2017 (the effective
7date of Public Act 99-926) may make a one-time transfer of the
8funds remaining from the refinancing bonds to the Operations
9and Maintenance Fund of the district by proper resolution
10following a public hearing set by the school board or the
11president of the school board, with notice as provided in
12subsection (a) of this Section, so long as the district meets
13the qualifications set forth in this subsection (c) on January
1420, 2017 (the effective date of Public Act 99-926).
15    (d) Notwithstanding subsection (a) of this Section or any
16other provision of this Code to the contrary, the school board
17of any school district (i) that is subject to the Property Tax
18Extension Limitation Law, (ii) that is a community unit school
19district servicing students in grades K through 12, (iii)
20whose territory is in one county, (iv) that owns property
21designated by the United States as a Superfund site pursuant
22to the federal Comprehensive Environmental Response,
23Compensation and Liability Act of 1980 (42 U.S.C. 9601 et
24seq.), and (v) that has an excess accumulation of funds in its
25bond fund, including funds accumulated prior to July 1, 2000,
26may make a one-time transfer of those excess funds accumulated



HB4615 Enrolled- 35 -LRB103 37800 RPS 67929 b

1prior to July 1, 2000 to the Operations and Maintenance Fund of
2the district by proper resolution following a public hearing
3set by the school board or the president of the school board,
4with notice as provided in subsection (a) of this Section, so
5long as the district meets the qualifications set forth in
6this subsection (d) on August 4, 2017 (the effective date of
7Public Act 100-32).
8(Source: P.A. 101-643, eff. 6-18-20; 102-671, eff. 11-30-21;
9102-895, eff. 5-23-22.)
10    Section 35. The Public Utilities Act is amended by
11changing Sections 13-1200 and 21-1601 as follows:
12    (220 ILCS 5/13-1200)
13    (Section scheduled to be repealed on December 31, 2026)
14    Sec. 13-1200. Repealer. This Article is repealed January
151, 2030 December 31, 2026.
16(Source: P.A. 101-639, eff. 6-12-20; 102-9, eff. 6-3-21.)
17    (220 ILCS 5/21-1601)
18    Sec. 21-1601. Repealer. Sections 21-101 through 21-1501 of
19this Article are repealed January 1, 2030 December 31, 2026.
20(Source: P.A. 101-639, eff. 6-12-20; 102-9, eff. 6-3-21.)
21    Section 99. Effective date. This Act takes effect upon
22becoming law.