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Public Act 103-0601 | ||||
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AN ACT concerning regulation. | ||||
Be it enacted by the People of the State of Illinois, | ||||
represented in the General Assembly: | ||||
Section 5. The Illinois Administrative Procedure Act is | ||||
amended by renumbering and changing Section 5-45.35 as added | ||||
by Public Act 103-568 as follows: | ||||
(5 ILCS 100/5-45.52) | ||||
(Section scheduled to be repealed on December 8, 2024) | ||||
Sec. 5-45.52 5-45.35 . Emergency rulemaking; Public Act | ||||
103-568 this amendatory Act of the 103rd General Assembly . To | ||||
provide for the expeditious and timely implementation of | ||||
Public Act 103-568 this amendatory Act of the 103rd General | ||||
Assembly , emergency rules implementing Public Act 103-568 this | ||||
amendatory Act of the 103rd General Assembly may be adopted in | ||||
accordance with Section 5-45 by the Department of Financial | ||||
and Professional Regulation. The adoption of emergency rules | ||||
authorized by Section 5-45 and this Section is deemed to be | ||||
necessary for the public interest, safety, and welfare. | ||||
This Section is repealed on August 4, 2025 one year after | ||||
the effective date of this amendatory Act of the 103rd General | ||||
Assembly . | ||||
(Source: P.A. 103-568, eff. 12-8-23; revised 12-22-23.) |
Section 10. The Department of Professional Regulation Law | ||
of the Civil Administrative Code of Illinois is amended by | ||
changing Section 2105-380 as follows: | ||
(20 ILCS 2105/2105-380) | ||
(Section scheduled to be repealed on December 8, 2024) | ||
Sec. 2105-380. Extension of expiration dates or renewal | ||
periods for specified licenses, registrations, or | ||
certificates. | ||
(a) If the Secretary finds that there is a significant | ||
operational need to do so or that it is necessary to do so to | ||
avoid undue hardship on a class of individuals whose | ||
professional licenses, registrations, or certificates are | ||
issued by the Department, then the Secretary shall extend the | ||
expiration date or renewal period of the license, | ||
registration, or certificate of those individuals for a period | ||
not to exceed the standard renewal period for those licenses, | ||
registrations, or certificates. Factors that may be considered | ||
by the Secretary when determining whether to extend the | ||
expiration date or renewal period shall include, but are not | ||
limited to: | ||
(1) the number of applications pending; | ||
(2) the percentage of applicants or licensees, | ||
registrants, or certificate holders waiting for Department | ||
action on their applications compared to the number of | ||
licensees, registrants, or certificate holders in the |
profession; | ||
(3) the number of licenses, registrations, or | ||
certificates that have expired while pending Department | ||
action on renewal; | ||
(4) whether there is a shortage of licensees, | ||
registrants, or certificate holders providing the | ||
professional service; | ||
(5) the potential impact on the Department's | ||
operational budget; and | ||
(6) any other licensing-related factors that are | ||
deemed relevant by the Department and are prescribed by | ||
rule. | ||
(b) The Secretary shall waive the payment of late fees for | ||
a licensee, registrant, or certificate holder in a profession | ||
whose expiration date or renewal period has been extended | ||
under this Section and in those cases where Department | ||
processing delays result in the expiration of a license, | ||
registration, or certificate. | ||
(c) The Department may adopt rules or emergency rules to | ||
implement and administer this Section. | ||
(d) This Section is repealed January 1, 2026 one year | ||
after the effective date of this amendatory Act of the 103rd | ||
General Assembly . | ||
(Source: P.A. 103-568, eff. 12-8-23.) | ||
Section 15. The Illinois Grant Funds Recovery Act is |
amended by changing Section 5.1 as follows: | ||
(30 ILCS 705/5.1) | ||
(Section scheduled to be repealed on July 31, 2024) | ||
Sec. 5.1. Restoration of grant award. | ||
(a) A grantee who received an award pursuant to the Open | ||
Space Lands Acquisition and Development Act who was unable to | ||
complete the project within the 2 years required by Section 5 | ||
due to the COVID-19 public health emergency, and whose grant | ||
agreement expired between January 1, 2021 and July 29, 2021, | ||
shall be eligible for an award under the same terms as the | ||
expired grant agreement, subject to the availability of | ||
appropriated moneys in the fund from which the original | ||
disbursement to the grantee was made. The grantee must | ||
demonstrate prior compliance with the terms and conditions of | ||
the expired award to be eligible for funding under this | ||
Section. | ||
(b) Any grant funds not expended or legally obligated by | ||
the expiration of the newly executed agreement must be | ||
returned to the grantor agency within 45 days, if the funds are | ||
not already on deposit with the grantor agency or the State | ||
Treasurer. Such returned funds shall be deposited into the | ||
fund from which the original grant disbursement to the grantee | ||
was made. | ||
(c) This Section is repealed on July 1, 2025 July 31, 2024 . | ||
(Source: P.A. 102-699, eff. 4-19-22.) |
Section 20. The Small Wireless Facilities Deployment Act | ||
is amended by changing Sections 15, 25, and 90 as follows: | ||
(50 ILCS 840/15) (was 50 ILCS 835/15) | ||
(Section scheduled to be repealed on December 31, 2024) | ||
Sec. 15. Regulation of small wireless facilities. | ||
(a) This Section applies to activities of a wireless | ||
provider within or outside rights-of-way. | ||
(b) Except as provided in this Section, an authority may | ||
not prohibit, regulate, or charge for the collocation of small | ||
wireless facilities. | ||
(c) Small wireless facilities shall be classified as | ||
permitted uses and subject to administrative review in | ||
conformance with this Act, except as provided in paragraph (5) | ||
of subsection (d) of this Section regarding height exceptions | ||
or variances, but not subject to zoning review or approval if | ||
they are collocated (i) in rights-of-way in any zone, or (ii) | ||
outside rights-of-way in property zoned exclusively for | ||
commercial or industrial use. | ||
(d) An authority may require an applicant to obtain one or | ||
more permits to collocate a small wireless facility. An | ||
authority shall receive applications for, process, and issue | ||
permits subject to the following requirements: | ||
(1) An authority may not directly or indirectly | ||
require an applicant to perform services unrelated to the |
collocation for which approval is sought, such as in-kind | ||
contributions to the authority, including reserving fiber, | ||
conduit, or utility pole space for the authority on the | ||
wireless provider's utility pole. An authority may reserve | ||
space on authority utility poles for future public safety | ||
uses or for the authority's electric utility uses, but a | ||
reservation of space may not preclude the collocation of a | ||
small wireless facility unless the authority reasonably | ||
determines that the authority utility pole cannot | ||
accommodate both uses. | ||
(2) An applicant shall not be required to provide more | ||
information to obtain a permit than the authority requires | ||
of a communications service provider that is not a | ||
wireless provider that requests to attach facilities to a | ||
structure; however, a wireless provider may be required to | ||
provide the following information when seeking a permit to | ||
collocate small wireless facilities on a utility pole or | ||
wireless support structure: | ||
(A) site specific structural integrity and, for an | ||
authority utility pole, make-ready analysis prepared | ||
by a structural engineer, as that term is defined in | ||
Section 4 of the Structural Engineering Practice Act | ||
of 1989; | ||
(B) the location where each proposed small | ||
wireless facility or utility pole would be installed | ||
and photographs of the location and its immediate |
surroundings depicting the utility poles or structures | ||
on which each proposed small wireless facility would | ||
be mounted or location where utility poles or | ||
structures would be installed; | ||
(C) specifications and drawings prepared by a | ||
structural engineer, as that term is defined in | ||
Section 4 of the Structural Engineering Practice Act | ||
of 1989, for each proposed small wireless facility | ||
covered by the application as it is proposed to be | ||
installed; | ||
(D) the equipment type and model numbers for the | ||
antennas and all other wireless equipment associated | ||
with the small wireless facility; | ||
(E) a proposed schedule for the installation and | ||
completion of each small wireless facility covered by | ||
the application, if approved; | ||
(F) certification that the collocation complies | ||
with paragraph (6) to the best of the applicant's | ||
knowledge; and | ||
(G) the wireless provider's certification from a | ||
radio engineer that it operates the small wireless | ||
facility within all applicable FCC standards. | ||
(3) Subject to paragraph (6), an authority may not | ||
require the placement of small wireless facilities on any | ||
specific utility pole, or category of utility poles, or | ||
require multiple antenna systems on a single utility pole; |
however, with respect to an application for the | ||
collocation of a small wireless facility associated with a | ||
new utility pole, an authority may propose that the small | ||
wireless facility be collocated on an existing utility | ||
pole or existing wireless support structure within 200 | ||
feet of the proposed collocation, which the applicant | ||
shall accept if it has the right to use the alternate | ||
structure on reasonable terms and conditions and the | ||
alternate location and structure does not impose technical | ||
limits or additional material costs as determined by the | ||
applicant. The authority may require the applicant to | ||
provide a written certification describing the property | ||
rights, technical limits or material cost reasons the | ||
alternate location does not satisfy the criteria in this | ||
paragraph (3). | ||
(4) Subject to paragraph (6), an authority may not | ||
limit the placement of small wireless facilities mounted | ||
on a utility pole or a wireless support structure by | ||
minimum horizontal separation distances. | ||
(5) An authority may limit the maximum height of a | ||
small wireless facility to 10 feet above the utility pole | ||
or wireless support structure on which the small wireless | ||
facility is collocated. Subject to any applicable waiver, | ||
zoning, or other process that addresses wireless provider | ||
requests for an exception or variance and does not | ||
prohibit granting of such exceptions or variances, the |
authority may limit the height of new or replacement | ||
utility poles or wireless support structures on which | ||
small wireless facilities are collocated to the higher of: | ||
(i) 10 feet in height above the tallest existing utility | ||
pole, other than a utility pole supporting only wireless | ||
facilities, that is in place on the date the application | ||
is submitted to the authority, that is located within 300 | ||
feet of the new or replacement utility pole or wireless | ||
support structure and that is in the same right-of-way | ||
within the jurisdictional boundary of the authority, | ||
provided the authority may designate which intersecting | ||
right-of-way within 300 feet of the proposed utility pole | ||
or wireless support structures shall control the height | ||
limitation for such facility; or (ii) 45 feet above ground | ||
level. | ||
(6) An authority may require that: | ||
(A) the wireless provider's operation of the small | ||
wireless facilities does not interfere with the | ||
frequencies used by a public safety agency for public | ||
safety communications; a wireless provider shall | ||
install small wireless facilities of the type and | ||
frequency that will not cause unacceptable | ||
interference with a public safety agency's | ||
communications equipment; unacceptable interference | ||
will be determined by and measured in accordance with | ||
industry standards and the FCC's regulations |
addressing unacceptable interference to public safety | ||
spectrum or any other spectrum licensed by a public | ||
safety agency; if a small wireless facility causes | ||
such interference, and the wireless provider has been | ||
given written notice of the interference by the public | ||
safety agency, the wireless provider, at its own | ||
expense, shall take all reasonable steps necessary to | ||
correct and eliminate the interference, including, but | ||
not limited to, powering down the small wireless | ||
facility and later powering up the small wireless | ||
facility for intermittent testing, if necessary; the | ||
authority may terminate a permit for a small wireless | ||
facility based on such interference if the wireless | ||
provider is not making a good faith effort to remedy | ||
the problem in a manner consistent with the abatement | ||
and resolution procedures for interference with public | ||
safety spectrum established by the FCC including 47 | ||
CFR 22.970 through 47 CFR 22.973 and 47 CFR 90.672 | ||
through 47 CFR 90.675; | ||
(B) the wireless provider comply with requirements | ||
that are imposed by a contract between an authority | ||
and a private property owner that concern design or | ||
construction standards applicable to utility poles and | ||
ground-mounted equipment located in the right-of-way; | ||
(C) the wireless provider comply with applicable | ||
spacing requirements in applicable codes and |
ordinances concerning the location of ground-mounted | ||
equipment located in the right-of-way if the | ||
requirements include a waiver, zoning, or other | ||
process that addresses wireless provider requests for | ||
exception or variance and do not prohibit granting of | ||
such exceptions or variances; | ||
(D) the wireless provider comply with local code | ||
provisions or regulations concerning undergrounding | ||
requirements that prohibit the installation of new or | ||
the modification of existing utility poles in a | ||
right-of-way without prior approval if the | ||
requirements include a waiver, zoning, or other | ||
process that addresses requests to install such new | ||
utility poles or modify such existing utility poles | ||
and do not prohibit the replacement of utility poles; | ||
(E) the wireless provider comply with generally | ||
applicable standards that are consistent with this Act | ||
and adopted by an authority for construction and | ||
public safety in the rights-of-way, including, but not | ||
limited to, reasonable and nondiscriminatory wiring | ||
and cabling requirements, grounding requirements, | ||
utility pole extension requirements, acoustic | ||
regulations, and signage limitations; and shall comply | ||
with reasonable and nondiscriminatory requirements | ||
that are consistent with this Act and adopted by an | ||
authority regulating the location, size, surface area |
and height of small wireless facilities, or the | ||
abandonment and removal of small wireless facilities; | ||
(F) the wireless provider not collocate small | ||
wireless facilities on authority utility poles that | ||
are 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; | ||
however, the antenna and support equipment of the | ||
small wireless facility may be located in the | ||
communications space on the authority utility pole and | ||
on the top of the pole, if not otherwise unavailable, | ||
if the wireless provider complies with applicable | ||
codes for work involving the top of the pole; for | ||
purposes of this subparagraph (F), the terms | ||
"communications space", "communication worker safety | ||
zone", and "electric supply zone" have the meanings | ||
given to those terms in the National Electric Safety | ||
Code as published by the Institute of Electrical and | ||
Electronics Engineers; | ||
(G) the wireless provider comply with the | ||
applicable codes and local code provisions or | ||
regulations that concern public safety; | ||
(H) the wireless provider comply with written | ||
design standards that are generally applicable for | ||
decorative utility poles, or reasonable stealth, | ||
concealment, and aesthetic requirements that are |
identified by the authority in an ordinance, written | ||
policy adopted by the governing board of the | ||
authority, a comprehensive plan, or other written | ||
design plan that applies to other occupiers of the | ||
rights-of-way, including on a historic landmark or in | ||
a historic district; | ||
(I) subject to subsection (c) of this Section, and | ||
except for facilities excluded from evaluation for | ||
effects on historic properties under 47 CFR | ||
1.1307(a)(4), reasonable, technically feasible and | ||
non-discriminatory design or concealment measures in a | ||
historic district or historic landmark; any such | ||
design or concealment measures, including restrictions | ||
on a specific category of poles, may not have the | ||
effect of prohibiting any provider's technology; such | ||
design and concealment measures shall not be | ||
considered a part of the small wireless facility for | ||
purposes of the size restrictions of a small wireless | ||
facility; this paragraph may not be construed to limit | ||
an authority's enforcement of historic preservation in | ||
conformance with the requirements adopted pursuant to | ||
the Illinois State Agency Historic Resources | ||
Preservation Act or the National Historic Preservation | ||
Act of 1966, 54 U.S.C. Section 300101 et seq., and the | ||
regulations adopted to implement those laws; and | ||
(J) When a wireless provider replaces or adds a |
new radio transceiver or antennas to an existing small | ||
wireless facility, certification by the wireless | ||
provider from a radio engineer that the continuing | ||
operation of the small wireless facility complies with | ||
all applicable FCC standards. | ||
(7) Within 30 days after receiving an application, an | ||
authority must determine whether the application is | ||
complete and notify the applicant. If an application is | ||
incomplete, an authority must specifically identify the | ||
missing information. An application shall be deemed | ||
complete if the authority fails to provide notification to | ||
the applicant within 30 days after when all documents, | ||
information, and fees specifically enumerated in the | ||
authority's permit application form are submitted by the | ||
applicant to the authority. Processing deadlines are | ||
tolled from the time the authority sends the notice of | ||
incompleteness to the time the applicant provides the | ||
missing information. | ||
(8) An authority shall process applications as | ||
follows: | ||
(A) an application to collocate a small wireless | ||
facility on an existing utility pole or wireless | ||
support structure shall be processed on a | ||
nondiscriminatory basis and deemed approved if the | ||
authority fails to approve or deny the application | ||
within 90 days; however, if an applicant intends to |
proceed with the permitted activity on a deemed | ||
approved basis, the applicant must notify the | ||
authority in writing of its intention to invoke the | ||
deemed approved remedy no sooner than 75 days after | ||
the submission of a completed application; the permit | ||
shall be deemed approved on the latter of the 90th day | ||
after submission of the complete application or the | ||
10th day after the receipt of the deemed approved | ||
notice by the authority; the receipt of the deemed | ||
approved notice shall not preclude the authority's | ||
denial of the permit request within the time limits as | ||
provided under this Act; and | ||
(B) an application to collocate a small wireless | ||
facility that includes the installation of a new | ||
utility pole shall be processed on a nondiscriminatory | ||
basis and deemed approved if the authority fails to | ||
approve or deny the application within 120 days; | ||
however, if an applicant intends to proceed with the | ||
permitted activity on a deemed approved basis, the | ||
applicant must notify the authority in writing of its | ||
intention to invoke the deemed approved remedy no | ||
sooner than 105 days after the submission of a | ||
completed application; the permit shall be deemed | ||
approved on the latter of the 120th day after | ||
submission of the complete application or the 10th day | ||
after the receipt of the deemed approved notice by the |
authority; the receipt of the deemed approved notice | ||
shall not preclude the authority's denial of the | ||
permit request within the time limits as provided | ||
under this Act. | ||
(9) An authority shall approve an application unless | ||
the application does not meet the requirements of this | ||
Act. If an authority determines that applicable codes, | ||
local code provisions or regulations that concern public | ||
safety, or the requirements of paragraph (6) require that | ||
the utility pole or wireless support structure be replaced | ||
before the requested collocation, approval may be | ||
conditioned on the replacement of the utility pole or | ||
wireless support structure at the cost of the provider. | ||
The authority must document the basis for a denial, | ||
including the specific code provisions or application | ||
conditions on which the denial was based, and send the | ||
documentation to the applicant on or before the day the | ||
authority denies an application. The applicant may cure | ||
the deficiencies identified by the authority and resubmit | ||
the revised application once within 30 days after notice | ||
of denial is sent to the applicant without paying an | ||
additional application fee. The authority shall approve or | ||
deny the revised application within 30 days after the | ||
applicant resubmits the application or it is deemed | ||
approved; however, the applicant must notify the authority | ||
in writing of its intention to proceed with the permitted |
activity on a deemed approved basis, which may be | ||
submitted with the resubmitted application. Any subsequent | ||
review shall be limited to the deficiencies cited in the | ||
denial. However, this revised application cure does not | ||
apply if the cure requires the review of a new location, | ||
new or different structure to be collocated upon, new | ||
antennas, or other wireless equipment associated with the | ||
small wireless facility. | ||
(10) The time period for applications may be further | ||
tolled by: | ||
(A) the express agreement in writing by both the | ||
applicant and the authority; or | ||
(B) a local, State, or federal disaster | ||
declaration or similar emergency that causes the | ||
delay. | ||
(11) An applicant seeking to collocate small wireless | ||
facilities within the jurisdiction of a single authority | ||
shall be allowed, at the applicant's discretion, to file a | ||
consolidated application and receive a single permit for | ||
the collocation of up to 25 small wireless facilities if | ||
the collocations each involve substantially the same type | ||
of small wireless facility and substantially the same type | ||
of structure. If an application includes multiple small | ||
wireless facilities, the authority may remove small | ||
wireless facility collocations from the application and | ||
treat separately small wireless facility collocations for |
which incomplete information has been provided or that do | ||
not qualify for consolidated treatment or that are denied. | ||
The authority may issue separate permits for each | ||
collocation that is approved in a consolidated | ||
application. | ||
(12) Collocation for which a permit is granted shall | ||
be completed within 180 days after issuance of the permit, | ||
unless the authority and the wireless provider agree to | ||
extend this period or a delay is caused by make-ready work | ||
for an authority utility pole or by the lack of commercial | ||
power or backhaul availability at the site, provided the | ||
wireless provider has made a timely request within 60 days | ||
after the issuance of the permit for commercial power or | ||
backhaul services, and the additional time to complete | ||
installation does not exceed 360 days after issuance of | ||
the permit. Otherwise, the permit shall be void unless the | ||
authority grants an extension in writing to the applicant. | ||
(13) The duration of a permit shall be for a period of | ||
not less than 5 years, and the permit shall be renewed for | ||
equivalent durations unless the authority makes a finding | ||
that the small wireless facilities or the new or modified | ||
utility pole do not comply with the applicable codes or | ||
local code provisions or regulations in paragraphs (6) and | ||
(9). If this Act is repealed as provided in Section 90, | ||
renewals of permits shall be subject to the applicable | ||
authority code provisions or regulations in effect at the |
time of renewal. | ||
(14) An authority may not prohibit, either expressly | ||
or de facto, the (i) filing, receiving, or processing | ||
applications, or (ii) issuing of permits or other | ||
approvals, if any, for the collocation of small wireless | ||
facilities unless there has been a local, State, or | ||
federal disaster declaration or similar emergency that | ||
causes the delay. | ||
(15) Applicants shall submit applications, supporting | ||
information, and notices by personal delivery or as | ||
otherwise required by the authority. An authority may | ||
require that permits, supporting information, and notices | ||
be submitted by personal delivery at the authority's | ||
designated place of business, by regular mail postmarked | ||
on the date due, or by any other commonly used means, | ||
including electronic mail, as required by the authority. | ||
(e) Application fees are subject to the following | ||
requirements: | ||
(1) An authority may charge an application fee of up | ||
to $650 for an application to collocate a single small | ||
wireless facility on an existing utility pole or wireless | ||
support structure and up to $350 for each small wireless | ||
facility addressed in an application to collocate more | ||
than one small wireless facility on existing utility poles | ||
or wireless support structures. | ||
(2) An authority may charge an application fee of |
$1,000 for each small wireless facility addressed in an | ||
application that includes the installation of a new | ||
utility pole for such collocation. | ||
(3) Notwithstanding any contrary provision of State | ||
law or local ordinance, applications pursuant to this | ||
Section must be accompanied by the required application | ||
fee. | ||
(4) Within 2 months after the effective date of this | ||
Act, an authority shall make available application fees | ||
consistent with this subsection, through ordinance, or in | ||
a written schedule of permit fees adopted by the | ||
authority. | ||
(5) Notwithstanding any provision of this Act to the | ||
contrary, an authority may charge recurring rates and | ||
application fees up to the amount permitted by the Federal | ||
Communication Commission in its Declaratory Ruling and | ||
Third Report and Order adopted on September 26, 2018 in WT | ||
Docket Nos. 17-70, 17-84 and cited as 33 FCC Rcd 9088, | ||
9129, or any subsequent ruling, order, or guidance issued | ||
by the Federal Communication Commission regarding fees and | ||
recurring rates. | ||
(f) An authority shall not require an application, | ||
approval, or permit, or require any fees or other charges, | ||
from a communications service provider authorized to occupy | ||
the rights-of-way, for: (i) routine maintenance; (ii) the | ||
replacement of wireless facilities with wireless facilities |
that are substantially similar, the same size, or smaller if | ||
the wireless provider notifies the authority at least 10 days | ||
prior to the planned replacement and includes equipment | ||
specifications for the replacement of equipment consistent | ||
with the requirements of subparagraph (D) of paragraph (2) of | ||
subsection (d) of this Section; or (iii) the installation, | ||
placement, maintenance, operation, or replacement of micro | ||
wireless facilities that are suspended on cables that are | ||
strung between existing utility poles in compliance with | ||
applicable safety codes. However, an authority may require a | ||
permit to work within rights-of-way for activities that affect | ||
traffic patterns or require lane closures. | ||
(g) Nothing in this Act authorizes a person to collocate | ||
small wireless facilities on: (1) property owned by a private | ||
party or property owned or controlled by a unit of local | ||
government that is not located within rights-of-way, subject | ||
to subsection (j) of this Section, or a privately owned | ||
utility pole or wireless support structure without the consent | ||
of the property owner; (2) property owned, leased, or | ||
controlled by a park district, forest preserve district, or | ||
conservation district for public park, recreation, or | ||
conservation purposes without the consent of the affected | ||
district, excluding the placement of facilities on | ||
rights-of-way located in an affected district that are under | ||
the jurisdiction and control of a different unit of local | ||
government as provided by the Illinois Highway Code; or (3) |
property owned by a rail carrier registered under Section | ||
18c-7201 of the Illinois Vehicle Code, Metra Commuter Rail or | ||
any other public commuter rail service, or an electric utility | ||
as defined in Section 16-102 of the Public Utilities Act, | ||
without the consent of the rail carrier, public commuter rail | ||
service, or electric utility. The provisions of this Act do | ||
not apply to an electric or gas public utility or such | ||
utility's wireless facilities if the facilities are being | ||
used, developed, and maintained consistent with the provisions | ||
of subsection (i) of Section 16-108.5 of the Public Utilities | ||
Act. | ||
For the purposes of this subsection, "public utility" has | ||
the meaning given to that term in Section 3-105 of the Public | ||
Utilities Act. Nothing in this Act shall be construed to | ||
relieve any person from any requirement (1) to obtain a | ||
franchise or a State-issued authorization to offer cable | ||
service or video service or (2) to obtain any required | ||
permission to install, place, maintain, or operate | ||
communications facilities, other than small wireless | ||
facilities subject to this Act. | ||
(h) Agreements between authorities and wireless providers | ||
that relate to the collocation of small wireless facilities in | ||
the right-of-way, including the collocation of small wireless | ||
facilities on authority utility poles, that are in effect on | ||
the effective date of this Act remain in effect for all small | ||
wireless facilities collocated on the authority's utility |
poles pursuant to applications submitted to the authority | ||
before the effective date of this Act, subject to applicable | ||
termination provisions. Such agreements entered into after the | ||
effective date of the Act shall comply with the Act. | ||
(i) An authority shall allow the collocation of small | ||
wireless facilities on authority utility poles subject to the | ||
following: | ||
(1) An authority may not enter into an exclusive | ||
arrangement with any person for the right to attach small | ||
wireless facilities to authority utility poles. | ||
(2) The rates and fees for collocations on authority | ||
utility poles shall be nondiscriminatory regardless of the | ||
services provided by the collocating person. | ||
(3) An authority may charge an annual recurring rate | ||
to collocate a small wireless facility on an authority | ||
utility pole located in a right-of-way that equals (i) | ||
$270 $200 per year or (ii) the actual, direct, and | ||
reasonable costs related to the wireless provider's use of | ||
space on the authority utility pole. Rates for collocation | ||
on authority utility poles located outside of a | ||
right-of-way are not subject to these limitations. In any | ||
controversy concerning the appropriateness of a cost-based | ||
rate for an authority utility pole located within a | ||
right-of-way, the authority shall have the burden of | ||
proving that the rate does not exceed the actual, direct, | ||
and reasonable costs for the applicant's proposed use of |
the authority utility pole. Nothing in this paragraph (3) | ||
prohibits a wireless provider and an authority from | ||
mutually agreeing to an annual recurring rate of less than | ||
$270 $200 to collocate a small wireless facility on an | ||
authority utility pole. | ||
(4) Authorities or other persons owning or controlling | ||
authority utility poles within the right-of-way shall | ||
offer rates, fees, and other terms that comply with | ||
subparagraphs (A) through (E) of this paragraph (4). | ||
Within 2 months after the effective date of this Act, an | ||
authority or a person owning or controlling authority | ||
utility poles shall make available, through ordinance or | ||
an authority utility pole attachment agreement, license or | ||
other agreement that makes available to wireless | ||
providers, the rates, fees, and terms for the collocation | ||
of small wireless facilities on authority utility poles | ||
that comply with this Act and with subparagraphs (A) | ||
through (E) of this paragraph (4). In the absence of such | ||
an ordinance or agreement that complies with this Act, and | ||
until such a compliant ordinance or agreement is adopted, | ||
wireless providers may collocate small wireless facilities | ||
and install utility poles under the requirements of this | ||
Act. | ||
(A) The rates, fees, and terms must be | ||
nondiscriminatory, competitively neutral, and | ||
commercially reasonable, and may address, among other |
requirements, the requirements in subparagraphs (A) | ||
through (I) of paragraph (6) of subsection (d) of this | ||
Section; subsections (e), (i), and (k) of this | ||
Section; Section 30; and Section 35, and must comply | ||
with this Act. | ||
(B) For authority utility poles that support | ||
aerial facilities used to provide communications | ||
services or electric service, wireless providers shall | ||
comply with the process for make-ready work under 47 | ||
U.S.C. 224 and its implementing regulations, and the | ||
authority shall follow a substantially similar process | ||
for make-ready work except to the extent that the | ||
timing requirements are otherwise addressed in this | ||
Act. The good-faith estimate of the person owning or | ||
controlling the authority utility pole for any | ||
make-ready work necessary to enable the pole to | ||
support the requested collocation shall include | ||
authority utility pole replacement, if necessary. | ||
(C) For authority utility poles that do not | ||
support aerial facilities used to provide | ||
communications services or electric service, the | ||
authority shall provide a good-faith estimate for any | ||
make-ready work necessary to enable the authority | ||
utility pole to support the requested collocation, | ||
including pole replacement, if necessary, within 90 | ||
days after receipt of a complete application. |
Make-ready work, including any authority utility pole | ||
replacement, shall be completed within 60 days of | ||
written acceptance of the good-faith estimate by the | ||
applicant at the wireless provider's sole cost and | ||
expense. Alternatively, if the authority determines | ||
that applicable codes or public safety regulations | ||
require the authority utility pole to be replaced to | ||
support the requested collocation, the authority may | ||
require the wireless provider to replace the authority | ||
utility pole at the wireless provider's sole cost and | ||
expense. | ||
(D) The authority shall not require more | ||
make-ready work than required to meet applicable codes | ||
or industry standards. Make-ready work may include | ||
work needed to accommodate additional public safety | ||
communications needs that are identified in a | ||
documented and approved plan for the deployment of | ||
public safety equipment as specified in paragraph (1) | ||
of subsection (d) of this Section and included in an | ||
existing or preliminary authority or public service | ||
agency budget for attachment within one year of the | ||
application. Fees for make-ready work, including any | ||
authority utility pole replacement, shall not exceed | ||
actual costs or the amount charged to communications | ||
service providers for similar work and shall not | ||
include any consultants' fees or expenses for |
authority utility poles that do not support aerial | ||
facilities used to provide communications services or | ||
electric service. Make-ready work, including any pole | ||
replacement, shall be completed within 60 days of | ||
written acceptance of the good-faith estimate by the | ||
wireless provider, at its sole cost and expense. | ||
(E) A wireless provider that has an existing | ||
agreement with the authority on the effective date of | ||
the Act may accept the rates, fees, and terms that an | ||
authority makes available under this Act for the | ||
collocation of small wireless facilities or the | ||
installation of new utility poles for the collocation | ||
of small wireless facilities that are the subject of | ||
an application submitted 2 or more years after the | ||
effective date of the Act as provided in this | ||
paragraph (4) by notifying the authority that it opts | ||
to accept such rates, fees, and terms. The existing | ||
agreement remains in effect, subject to applicable | ||
termination provisions, for the small wireless | ||
facilities the wireless provider has collocated on the | ||
authority's utility poles pursuant to applications | ||
submitted to the authority before the wireless | ||
provider provides such notice and exercises its option | ||
under this subparagraph. | ||
(5) Notwithstanding any provision of this Act to the | ||
contrary, an authority may charge recurring rates and |
application fees up to the amount permitted by the Federal | ||
Communication Commission in its Declaratory Ruling and | ||
Third Report and Order adopted on September 26, 2018 in WT | ||
Docket Nos. 17-70, 17-84 and cited as 33 FCC Rcd 9088, | ||
9129, or any subsequent ruling, order, or guidance issued | ||
by the Federal Communication Commission regarding fees and | ||
recurring rates. | ||
(j) An authority shall authorize the collocation of small | ||
wireless facilities on utility poles owned or controlled by | ||
the authority that are not located within rights-of-way to the | ||
same extent the authority currently permits access to utility | ||
poles for other commercial projects or uses. The collocations | ||
shall be subject to reasonable and nondiscriminatory rates, | ||
fees, and terms as provided in an agreement between the | ||
authority and the wireless provider. | ||
(k) Nothing in this Section precludes an authority from | ||
adopting reasonable rules with respect to the removal of | ||
abandoned small wireless facilities. A small wireless facility | ||
that is not operated for a continuous period of 12 months shall | ||
be considered abandoned and the owner of the facility must | ||
remove the small wireless facility within 90 days after | ||
receipt of written notice from the authority notifying the | ||
owner of the abandonment. The notice shall be sent by | ||
certified or registered mail, return receipt requested, by the | ||
authority to the owner at the last known address of the owner. | ||
If the small wireless facility is not removed within 90 days of |
such notice, the authority may remove or cause the removal of | ||
the facility pursuant to the terms of its pole attachment | ||
agreement for authority utility poles or through whatever | ||
actions are provided for abatement of nuisances or by other | ||
law for removal and cost recovery. An authority may require a | ||
wireless provider to provide written notice to the authority | ||
if it sells or transfers small wireless facilities subject to | ||
this Act within the jurisdictional boundary of the authority. | ||
Such notice shall include the name and contact information of | ||
the new wireless provider. | ||
(l) Nothing in this Section requires an authority to | ||
install or maintain any specific utility pole or to continue | ||
to install or maintain utility poles in any location if the | ||
authority makes a non-discriminatory decision to eliminate | ||
above-ground utility poles of a particular type generally, | ||
such as electric utility poles, in all or a significant | ||
portion of its geographic jurisdiction. For authority utility | ||
poles with collocated small wireless facilities in place when | ||
an authority makes a decision to eliminate above-ground | ||
utility poles of a particular type generally, the authority | ||
shall either (i) continue to maintain the authority utility | ||
pole or install and maintain a reasonable alternative utility | ||
pole or wireless support structure for the collocation of the | ||
small wireless facility, or (ii) offer to sell the utility | ||
pole to the wireless provider at a reasonable cost or allow the | ||
wireless provider to install its own utility pole so it can |
maintain service from that location. | ||
(Source: P.A. 102-9, eff. 6-3-21; 102-21, eff. 6-25-21.) | ||
(50 ILCS 840/25) (was 50 ILCS 835/25) | ||
(Section scheduled to be repealed on December 31, 2024) | ||
Sec. 25. Dispute resolution. A circuit court has | ||
jurisdiction to resolve all disputes arising under this Act. | ||
Pending resolution of a dispute concerning rates for | ||
collocation of small wireless facilities on authority utility | ||
poles within the right-of-way, the authority shall allow the | ||
collocating person to collocate on its poles at annual rates | ||
of no more than $270 $200 per year per authority utility pole, | ||
with rates to be determined upon final resolution of the | ||
dispute. | ||
(Source: P.A. 102-21, eff. 6-25-21.) | ||
(50 ILCS 840/90) (was 50 ILCS 835/90) | ||
(Section scheduled to be repealed on December 31, 2024) | ||
Sec. 90. Repeal. This Act is repealed on January 1, 2030 | ||
December 31, 2024 . | ||
(Source: P.A. 102-9, eff. 6-3-21; 102-21, eff. 6-25-21.) | ||
Section 25. The Illinois Municipal Code is amended by | ||
changing Sections 8-3-14b and 8-3-14c as follows: | ||
(65 ILCS 5/8-3-14b) |
(Section scheduled to be repealed on January 1, 2025) | ||
Sec. 8-3-14b. Municipal hotel operators' tax in DuPage | ||
County. For any municipality located within DuPage County that | ||
belongs to a not-for-profit organization headquartered in | ||
DuPage County that is recognized by the Department of Commerce | ||
and Economic Opportunity as a certified local tourism and | ||
convention bureau entitled to receive State tourism grant | ||
funds, not less than 75% of the amounts collected pursuant to | ||
Section 8-3-14 shall be expended by the municipality to | ||
promote tourism and conventions within that municipality or | ||
otherwise to attract nonresident overnight visitors to the | ||
municipality, and the remainder of the amounts collected by a | ||
municipality within DuPage County pursuant to Section 8-3-14 | ||
may be expended by the municipality for economic development | ||
or capital infrastructure. | ||
This Section is repealed on January 1, 2027 2025 . | ||
(Source: P.A. 101-204, eff. 8-2-19; 102-699, eff. 4-19-22.) | ||
(65 ILCS 5/8-3-14c) | ||
(Section scheduled to be repealed on January 1, 2025) | ||
Sec. 8-3-14c. Municipal hotel use tax in DuPage County. | ||
For any municipality located within DuPage County that belongs | ||
to a not-for-profit organization headquartered in DuPage | ||
County that is recognized by the Department of Commerce and | ||
Economic Opportunity as a certified local tourism and | ||
convention bureau entitled to receive State tourism grant |
funds, not less than 75% of the amounts collected pursuant to | ||
Section 8-3-14a shall be expended by the municipality to | ||
promote tourism and conventions within that municipality or | ||
otherwise to attract nonresident overnight visitors to the | ||
municipality, and the remainder of the amounts collected by a | ||
municipality within DuPage County pursuant to Section 8-3-14a | ||
may be expended by the municipality for economic development | ||
or capital infrastructure. | ||
This Section is repealed on January 1, 2027 2025 . | ||
(Source: P.A. 101-204, eff. 8-2-19; 102-699, eff. 4-19-22.) | ||
Section 30. The School Code is amended by changing Section | ||
17-2A as follows: | ||
(105 ILCS 5/17-2A) (from Ch. 122, par. 17-2A) | ||
Sec. 17-2A. Interfund transfers. | ||
(a) The school board of any district having a population | ||
of less than 500,000 inhabitants may, by proper resolution | ||
following a public hearing set by the school board or the | ||
president of the school board (that is preceded (i) by at least | ||
one published notice over the name of the clerk or secretary of | ||
the board, occurring at least 7 days and not more than 30 days | ||
prior to the hearing, in a newspaper of general circulation | ||
within the school district and (ii) by posted notice over the | ||
name of the clerk or secretary of the board, at least 48 hours | ||
before the hearing, at the principal office of the school |
board or at the building where the hearing is to be held if a | ||
principal office does not exist, with both notices setting | ||
forth the time, date, place, and subject matter of the | ||
hearing), transfer money from (1) the Educational Fund to the | ||
Operations and Maintenance Fund or the Transportation Fund, | ||
(2) the Operations and Maintenance Fund to the Educational | ||
Fund or the Transportation Fund, (3) the Transportation Fund | ||
to the Educational Fund or the Operations and Maintenance | ||
Fund, or (4) the Tort Immunity Fund to the Operations and | ||
Maintenance Fund of said district, provided that, except | ||
during the period from July 1, 2003 through June 30, 2026 2024 , | ||
such transfer is made solely for the purpose of meeting | ||
one-time, non-recurring expenses. Except during the period | ||
from July 1, 2003 through June 30, 2026 and except as otherwise | ||
provided in subsection (b) of this Section, any other | ||
permanent interfund transfers authorized by any provision or | ||
judicial interpretation of this Code for which the transferee | ||
fund is not precisely and specifically set forth in the | ||
provision of this Code authorizing such transfer shall be made | ||
to the fund of the school district most in need of the funds | ||
being transferred, as determined by resolution of the school | ||
board. | ||
(b) (Blank). | ||
(c) Notwithstanding subsection (a) of this Section or any | ||
other provision of this Code to the contrary, the school board | ||
of any school district (i) that is subject to the Property Tax |
Extension Limitation Law, (ii) that is an elementary district | ||
servicing students in grades K through 8, (iii) whose | ||
territory is in one county, (iv) that is eligible for Section | ||
7002 Federal Impact Aid, and (v) that has no more than $81,000 | ||
in funds remaining from refinancing bonds that were refinanced | ||
a minimum of 5 years prior to January 20, 2017 (the effective | ||
date of Public Act 99-926) may make a one-time transfer of the | ||
funds remaining from the refinancing bonds to the Operations | ||
and Maintenance Fund of the district by proper resolution | ||
following a public hearing set by the school board or the | ||
president of the school board, with notice as provided in | ||
subsection (a) of this Section, so long as the district meets | ||
the qualifications set forth in this subsection (c) on January | ||
20, 2017 (the effective date of Public Act 99-926). | ||
(d) Notwithstanding subsection (a) of this Section or any | ||
other provision of this Code to the contrary, the school board | ||
of any school district (i) that is subject to the Property Tax | ||
Extension Limitation Law, (ii) that is a community unit school | ||
district servicing students in grades K through 12, (iii) | ||
whose territory is in one county, (iv) that owns property | ||
designated by the United States as a Superfund site pursuant | ||
to the federal Comprehensive Environmental Response, | ||
Compensation and Liability Act of 1980 (42 U.S.C. 9601 et | ||
seq.), and (v) that has an excess accumulation of funds in its | ||
bond fund, including funds accumulated prior to July 1, 2000, | ||
may make a one-time transfer of those excess funds accumulated |
prior to July 1, 2000 to the Operations and Maintenance Fund of | ||
the district by proper resolution following a public hearing | ||
set by the school board or the president of the school board, | ||
with notice as provided in subsection (a) of this Section, so | ||
long as the district meets the qualifications set forth in | ||
this subsection (d) on August 4, 2017 (the effective date of | ||
Public Act 100-32). | ||
(Source: P.A. 101-643, eff. 6-18-20; 102-671, eff. 11-30-21; | ||
102-895, eff. 5-23-22.) | ||
Section 35. The Public Utilities Act is amended by | ||
changing Sections 13-1200 and 21-1601 as follows: | ||
(220 ILCS 5/13-1200) | ||
(Section scheduled to be repealed on December 31, 2026) | ||
Sec. 13-1200. Repealer. This Article is repealed January | ||
1, 2030 December 31, 2026 . | ||
(Source: P.A. 101-639, eff. 6-12-20; 102-9, eff. 6-3-21.) | ||
(220 ILCS 5/21-1601) | ||
Sec. 21-1601. Repealer. Sections 21-101 through 21-1501 of | ||
this Article are repealed January 1, 2030 December 31, 2026 . | ||
(Source: P.A. 101-639, eff. 6-12-20; 102-9, eff. 6-3-21.) | ||
Section 99. Effective date. This Act takes effect upon | ||
becoming law. |