SB2603 103RD GENERAL ASSEMBLY

LRB103 33306 LNS 63116 b

103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
SB2603

Introduced 10/18/2023, by Sen. Jason Plummer

SYNOPSIS AS INTRODUCED:

220 ILCS 5/17-1000 new

Amends the Electric Cooperatives And Municipal Systems Article of the Public Utilities Act. Allows an electric cooperative organized to provided rural electric power to provide broadband service by using an easement owned, held, or used by the electric cooperative. Requires the electric cooperative to provide notice to the property owner on which the easement is located 3 months prior to beginning construction on the easement that the electric cooperative intends to use the easement for broadband purposes.

A BILL FOR

AN ACT concerning regulation.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Public Utilities Act is amended by adding Section 17-1000 as follows:

(220 ILCS 5/17-1000 new)

Sec. 17-1000. Rural electric cooperatives providing broadband services using easements.

(a) The General Assembly finds that:

(1) a goal of the State is to make available to its citizens affordable, reliable, and state-of-the-art Internet communications through the expansion, extension, and general availability of broadband services and technology, and to encourage the adoption of broadband by all citizens;

(2) although broadband access has been extended to many urban areas of the State, many rural areas remain unserved; and

(3) fair and equitable access to 21st century technology is essential to job retention and economic growth opportunities.

(b) As used in this Section:

"Broadband infrastructure" means networks of deployed telecommunications equipment and technologies necessary to provide high-speed Internet access and other advanced telecommunications services for end users.

"Broadband service" means any service that provides advanced telecommunications capability and Internet access.

(c) An electric cooperative organized to provide rural electric power may, on behalf of itself, its subsidiary, or a business partner, provide broadband service by using an easement owned, held, or used by the electric cooperative. An existing easement does not limit the type, size, or amount of broadband infrastructure that may be used to provide broadband services, nor is an electric cooperative required to obtain additional easements or pay additional compensation to a property owner who is a party to an existing easement agreement in order to provide broadband services.

(d) To exercise the rights granted under this Section, the electric cooperative must provide notice to the property owner on which the easement is located 3 months prior to beginning construction on the easement that the electric cooperative intends to use the easement for broadband purposes. The notice must be sent by certified mail to the last known address of the property owner of the property on which the easement is located. The notice must include:

(1) the name and mailing address of the electric cooperative;

(2) a narrative describing the nature and purpose of the intended easement use;

(3) a description of any trenching or other underground work expected to result from the intended use, including the anticipated time frame for the work; and

(4) a telephone number of an electric cooperative employee to contact regarding the easement.