Sen. John F. Curran

Filed: 4/1/2025

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 1380

2    AMENDMENT NO. ______. Amend Senate Bill 1380, AS AMENDED,
3by replacing everything after the enacting clause with the
4following:
 
5    "Section 5. The Counties Code is amended by adding Section
65-1192 as follows:
 
7    (55 ILCS 5/5-1192 new)
8    Sec. 5-1192. County use of utility pole for county public
9safety.
10    (a) As used in this Section:
11    "Communications space" has the meaning given to that term
12in the National Electric Safety Code as published by the
13Institute of Electrical and Electronics Engineers.
14    "Communication worker safety zone" has the meaning given
15to that term in the National Electric Safety Code as published
16by the Institute of Electrical and Electronics Engineers.

 

 

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1    "Electric supply zone" has the meaning given to that term
2in the National Electric Safety Code as published by the
3Institute of Electrical and Electronics Engineers.
4    "Public utility" has the meaning given to that term in
5Section 3-105 of the Public Utilities Act.
6    (b) Subject to the provisions of subsection (c), a county
7may use a utility pole that is owned by the State or a unit of
8local government or a public right-of-way that is owned by the
9State or a unit of local government for county public safety
10purposes, including, but not limited to, the placement of
11equipment associated with public safety. The equipment may not
12be located within or interfere with part of an electric
13distribution or transmission system within the communication
14worker safety zone of the pole or the electric supply zone of
15the pole. The use of the equipment must comply with the
16applicable codes and local code provisions or regulations that
17concern public safety.
18    (c) A State agency may, by rule, or a unit of local
19government may, by ordinance or resolution, create a
20permitting process to allow a utility pole or a public
21right-of-way that it owns to be used by a county for public
22safety purposes.
23    (d) Any fee charged by the owner of a utility pole or
24right-of-way for use by a county under this Section shall be at
25the lowest rate charged by the owner and shall not exceed the
26owner's costs.

 

 

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1    (e) Nothing in this Section authorizes a county to use
2property or infrastructure that is owned by a public utility.
 
3    Section 10. The Illinois Municipal Code is amended by
4adding Section 11-80-25 as follows:
 
5    (65 ILCS 5/11-80-25 new)
6    Sec. 11-80-25. Municipal use of utility pole for municipal
7public safety.
8    (a) As used in this Section:
9    "Communications space" has the meaning given to that term
10in the National Electric Safety Code as published by the
11Institute of Electrical and Electronics Engineers.
12    "Communication worker safety zone" has the meaning given
13to that term in the National Electric Safety Code as published
14by the Institute of Electrical and Electronics Engineers.
15    "Electric supply zone" has the meaning given to that term
16in the National Electric Safety Code as published by the
17Institute of Electrical and Electronics Engineers.
18    "Public utility" has the meaning given to that term in
19Section 3-105 of the Public Utilities Act.
20    (b) Subject to the provisions of subsection (c), a
21municipality may use a utility pole that is owned by the State
22or a unit of local government or a public right-of-way that is
23owned by the State or a unit of local government for municipal
24public safety purposes, including, but not limited to, the

 

 

10400SB1380sam002- 4 -LRB104 08050 RTM 24415 a

1placement of equipment associated with public safety. The
2equipment may not be located within or interfere with part of
3an electric distribution or transmission system within the
4communication worker safety zone of the pole or the electric
5supply zone of the pole. The use of the equipment must comply
6with the applicable codes and local code provisions or
7regulations that concern public safety.
8    (c) A State agency may, by rule, or a unit of local
9government may, by ordinance or resolution, create a
10permitting process to allow a utility pole or a public
11right-of-way that it owns to be used by a municipality for
12public safety purposes.
13    (d) Any fee charged by the owner of a utility pole or
14right-of-way for use by a municipality under this Section
15shall be at the lowest rate charged by the owner and shall not
16exceed the owner's costs.
17    (e) Nothing in this Section authorizes a municipality to
18use property or infrastructure that is owned by a public
19utility.".