SB1380 EngrossedLRB104 08050 RTM 18096 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 Counties Code is amended by adding Section 
55-1192 as follows:
 
6    (55 ILCS 5/5-1192 new)
7    Sec. 5-1192. County use of utility pole for county public 
8safety. 
9    (a) As used in this Section:
10    "Communications space" has the meaning given to that term 
11in the National Electric Safety Code as published by the 
12Institute of Electrical and Electronics Engineers.
13    "Communication worker safety zone" has the meaning given 
14to that term in the National Electric Safety Code as published 
15by the Institute of Electrical and Electronics Engineers.
16    "Electric supply zone" has the meaning given to that term 
17in the National Electric Safety Code as published by the 
18Institute of Electrical and Electronics Engineers.
19    "Public utility" has the meaning given to that term in 
20Section 3-105 of the Public Utilities Act.
21    (b) Subject to the provisions of subsection (c), a county 
22may use a utility pole that is owned by the State or a unit of 
23local government or a public right-of-way that is owned by the 
 
 
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1State or a unit of local government for county public safety 
2purposes, including, but not limited to, the placement of 
3equipment associated with public safety. The equipment may not 
4be located within or interfere with part of an electric 
5distribution or transmission system within the communication 
6worker safety zone of the pole or the electric supply zone of 
7the pole. The use of the equipment must comply with the 
8applicable codes and local code provisions or regulations that 
9concern public safety.
10    (c) A State agency may, by rule, or a unit of local 
11government may, by ordinance or resolution, create a 
12permitting process to allow a utility pole or a public 
13right-of-way that it owns to be used by a county for public 
14safety purposes.
15    (d) Any fee charged by the owner of a utility pole or 
16right-of-way for use by a county under this Section shall be at 
17the lowest rate charged by the owner and shall not exceed the 
18owner's costs.
19    (e) Nothing in this Section authorizes a county to use 
20property or infrastructure that is owned by a public utility.
 
21    Section 10. The Illinois Municipal Code is amended by 
22adding Section 11-80-25 as follows:
 
23    (65 ILCS 5/11-80-25 new)
24    Sec. 11-80-25. Municipal use of utility pole for municipal 
 
 
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1public safety. 
2    (a) As used in this Section:
3    "Communications space" has the meaning given to that term 
4in the National Electric Safety Code as published by the 
5Institute of Electrical and Electronics Engineers.
6    "Communication worker safety zone" has the meaning given 
7to that term in the National Electric Safety Code as published 
8by the Institute of Electrical and Electronics Engineers.
9    "Electric supply zone" has the meaning given to that term 
10in the National Electric Safety Code as published by the 
11Institute of Electrical and Electronics Engineers.
12    "Public utility" has the meaning given to that term in 
13Section 3-105 of the Public Utilities Act.
14    (b) Subject to the provisions of subsection (c), a 
15municipality may use a utility pole that is owned by the State 
16or a unit of local government or a public right-of-way that is 
17owned by the State or a unit of local government for municipal 
18public safety purposes, including, but not limited to, the 
19placement of equipment associated with public safety. The 
20equipment may not be located within or interfere with part of 
21an electric distribution or transmission system within the 
22communication worker safety zone of the pole or the electric 
23supply zone of the pole. The use of the equipment must comply 
24with the applicable codes and local code provisions or 
25regulations that concern public safety.
26    (c) A State agency may, by rule, or a unit of local 
 
 
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1government may, by ordinance or resolution, create a 
2permitting process to allow a utility pole or a public 
3right-of-way that it owns to be used by a municipality for 
4public safety purposes.
5    (d) Any fee charged by the owner of a utility pole or 
6right-of-way for use by a municipality under this Section 
7shall be at the lowest rate charged by the owner and shall not 
8exceed the owner's costs.
9    (e) Nothing in this Section authorizes a municipality to 
10use property or infrastructure that is owned by a public 
11utility.