Public Act 104-0097

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Public Act 104-0097

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Public Act 0097 104TH GENERAL ASSEMBLY
 

 
Public Act 104-0097
 
SB1380 EnrolledLRB104 08050 RTM 18096 b

    AN ACT concerning local government.
 
    Be it enacted by the People of the State of Illinois, 
represented in the General Assembly:
 
    Section 5. The Counties Code is amended by adding Section 
5-1192 as follows:
 
    (55 ILCS 5/5-1192 new)
    Sec. 5-1192. County use of utility pole for county public 
safety. 
    (a) As used in this Section:
    "Communications space" has the meaning given to that term 
in the National Electric Safety Code as published by the 
Institute of Electrical and Electronics Engineers.
    "Communication worker safety zone" has the meaning given 
to that term in the National Electric Safety Code as published 
by the Institute of Electrical and Electronics Engineers.
    "Electric supply zone" has the meaning given to that term 
in the National Electric Safety Code as published by the 
Institute of Electrical and Electronics Engineers.
    "Public utility" has the meaning given to that term in 
Section 3-105 of the Public Utilities Act.
    (b) Subject to the provisions of subsection (c), a county 
may use a utility pole that is owned by the State or a unit of 
local government or a public right-of-way that is owned by the 
State or a unit of local government for county public safety 
purposes, including, but not limited to, the placement of 
equipment associated with public safety. The equipment may not 
be located within or interfere with part of an electric 
distribution or transmission system within the communication 
worker safety zone of the pole or the electric supply zone of 
the pole. The use of the equipment must comply with the 
applicable codes and local code provisions or regulations that 
concern public safety.
    (c) A State agency may, by rule, or a unit of local 
government may, by ordinance or resolution, create a 
permitting process to allow a utility pole or a public 
right-of-way that it owns to be used by a county for public 
safety purposes.
    (d) Any fee charged by the owner of a utility pole or 
right-of-way for use by a county under this Section shall be at 
the lowest rate charged by the owner and shall not exceed the 
owner's costs.
    (e) Nothing in this Section authorizes a county to use 
property or infrastructure that is owned by a public utility.
 
    Section 10. The Illinois Municipal Code is amended by 
adding Section 11-80-25 as follows:
 
    (65 ILCS 5/11-80-25 new)
    Sec. 11-80-25. Municipal use of utility pole for municipal 
public safety. 
    (a) As used in this Section:
    "Communications space" has the meaning given to that term 
in the National Electric Safety Code as published by the 
Institute of Electrical and Electronics Engineers.
    "Communication worker safety zone" has the meaning given 
to that term in the National Electric Safety Code as published 
by the Institute of Electrical and Electronics Engineers.
    "Electric supply zone" has the meaning given to that term 
in the National Electric Safety Code as published by the 
Institute of Electrical and Electronics Engineers.
    "Public utility" has the meaning given to that term in 
Section 3-105 of the Public Utilities Act.
    (b) Subject to the provisions of subsection (c), a 
municipality may use a utility pole that is owned by the State 
or a unit of local government or a public right-of-way that is 
owned by the State or a unit of local government for municipal 
public safety purposes, including, but not limited to, the 
placement of equipment associated with public safety. The 
equipment may not be located within or interfere with part of 
an electric distribution or transmission system within the 
communication worker safety zone of the pole or the electric 
supply zone of the pole. The use of the equipment must comply 
with the applicable codes and local code provisions or 
regulations that concern public safety.
    (c) A State agency may, by rule, or a unit of local 
government may, by ordinance or resolution, create a 
permitting process to allow a utility pole or a public 
right-of-way that it owns to be used by a municipality for 
public safety purposes.
    (d) Any fee charged by the owner of a utility pole or 
right-of-way for use by a municipality under this Section 
shall be at the lowest rate charged by the owner and shall not 
exceed the owner's costs.
    (e) Nothing in this Section authorizes a municipality to 
use property or infrastructure that is owned by a public 
utility.

                                        
                                    

                                

                            

                        

                    

                

            

            

                

                    Effective Date: 1/1/2026