Full Text of SB2200 99th General Assembly
SB2200 99TH GENERAL ASSEMBLY |
| | 99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016 SB2200 Introduced 12/4/2015, by Sen. Jennifer Bertino-Tarrant SYNOPSIS AS INTRODUCED: |
| |
Amends the Counties Code. Adds Will County to a pilot project concerning regulation of new telecommunication facilities.
|
| |
| | A BILL FOR |
|
| | | SB2200 | | LRB099 12393 AWJ 35651 b |
|
| 1 | | AN ACT concerning local government.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Counties Code is amended by changing Section | 5 | | 5-12001.2 as follows: | 6 | | (55 ILCS 5/5-12001.2) | 7 | | Sec. 5-12001.2. Regulation of telecommunications | 8 | | facilities; Lake County and Will County pilot project. In | 9 | | addition to any other requirements under this Division | 10 | | concerning the regulation of telecommunications facilities, | 11 | | the following applies to any new telecommunications facilities | 12 | | in Lake County and Will County that are not AM | 13 | | telecommunications towers or facilities: | 14 | | (a) For every new wireless telecommunications facility | 15 | | requiring a new tower structure, a telecommunications | 16 | | carrier shall provide the county with documentation | 17 | | consisting of the proposed location, a site plan, and an | 18 | | elevation that sufficiently describes a proposed wireless | 19 | | facility location. | 20 | | (b) The county shall have 7 days to review the facility | 21 | | proposal and contact the telecommunications carrier in | 22 | | writing via e-mail or other written means as specified by | 23 | | the telecommunications carrier. This written communication |
| | | SB2200 | - 2 - | LRB099 12393 AWJ 35651 b |
|
| 1 | | shall either approve the proposed location or request a | 2 | | meeting to review other possible alternative locations. If | 3 | | requested, the meeting shall take place within 7 days after | 4 | | the date of the written communication. | 5 | | (c) At the meeting, the telecommunications carrier | 6 | | shall provide the county documentation consisting of radio | 7 | | frequency engineering criteria and a corresponding | 8 | | telecommunications facility search ring map, together with | 9 | | documentation of the carrier's efforts to site the proposed | 10 | | facility within the telecommunications facility search | 11 | | ring. | 12 | | (d) Within 21 days after receipt of the carrier's | 13 | | documentation, the county shall propose either an | 14 | | alternative site within the telecommunications facility | 15 | | search ring, or an alternative site outside of the | 16 | | telecommunications search ring that meets the radio | 17 | | frequency engineering criteria provided by the | 18 | | telecommunications carrier and that will not materially | 19 | | increase the construction budget beyond what was estimated | 20 | | on the original carrier proposed site. | 21 | | (e) If the county's proposed alternative site meets the | 22 | | radio frequency engineering criteria provided by the | 23 | | telecommunications carrier, and will not materially | 24 | | increase the construction budget beyond what was estimated | 25 | | on the original carrier proposed site, then the | 26 | | telecommunications carrier shall agree to build the |
| | | SB2200 | - 3 - | LRB099 12393 AWJ 35651 b |
|
| 1 | | facility at the alternative location, subject to the | 2 | | negotiation of a lease with commercially reasonable terms | 3 | | and the obtainment of the customary building permits. | 4 | | (f) If the telecommunications carrier can demonstrate | 5 | | that: (i) the county's proposed alternative site does not | 6 | | meet the radio frequency engineering criteria, (ii) the | 7 | | county's proposed alternative site will materially | 8 | | increase the construction budget beyond what was estimated | 9 | | on the original carrier proposed site, (iii) the county has | 10 | | failed to provide an alternative site, or (iv) after a | 11 | | period of 90 days after receipt of the alternative site, | 12 | | the telecommunications carrier has failed, after acting in | 13 | | good faith and with due diligence, to obtain a lease or, at | 14 | | a minimum, a letter of intent to lease the alternative site | 15 | | at lease rates not materially greater than the lease rate | 16 | | for the original proposed site; then the carrier can | 17 | | proceed to permit and construct the site under the | 18 | | provisions and standards of Section 5-12001.1 of this Code.
| 19 | | (Source: P.A. 98-197, eff. 8-9-13; 98-756, eff. 7-16-14.)
|
|