Full Text of HB4615 103rd General Assembly
HB4615enr 103RD GENERAL ASSEMBLY | | | HB4615 Enrolled | | LRB103 37800 RPS 67929 b |
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| 1 | | AN ACT concerning regulation. | 2 | | Be it enacted by the People of the State of Illinois, | 3 | | represented in the General Assembly: | 4 | | Section 5. The Illinois Administrative Procedure Act is | 5 | | amended by renumbering and changing Section 5-45.35 as added | 6 | | by Public Act 103-568 as follows: | 7 | | (5 ILCS 100/5-45.52) | 8 | | (Section scheduled to be repealed on December 8, 2024) | 9 | | Sec. 5-45.52 5-45.35 . Emergency rulemaking; Public Act | 10 | | 103-568 this amendatory Act of the 103rd General Assembly . To | 11 | | provide for the expeditious and timely implementation of | 12 | | Public Act 103-568 this amendatory Act of the 103rd General | 13 | | Assembly , emergency rules implementing Public Act 103-568 this | 14 | | amendatory Act of the 103rd General Assembly may be adopted in | 15 | | accordance with Section 5-45 by the Department of Financial | 16 | | and Professional Regulation. The adoption of emergency rules | 17 | | authorized by Section 5-45 and this Section is deemed to be | 18 | | necessary for the public interest, safety, and welfare. | 19 | | This Section is repealed on August 4, 2025 one year after | 20 | | the effective date of this amendatory Act of the 103rd General | 21 | | Assembly . | 22 | | (Source: P.A. 103-568, eff. 12-8-23; revised 12-22-23.) |
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| 1 | | Section 10. The Department of Professional Regulation Law | 2 | | of the Civil Administrative Code of Illinois is amended by | 3 | | changing Section 2105-380 as follows: | 4 | | (20 ILCS 2105/2105-380) | 5 | | (Section scheduled to be repealed on December 8, 2024) | 6 | | Sec. 2105-380. Extension of expiration dates or renewal | 7 | | periods for specified licenses, registrations, or | 8 | | certificates. | 9 | | (a) If the Secretary finds that there is a significant | 10 | | operational need to do so or that it is necessary to do so to | 11 | | avoid undue hardship on a class of individuals whose | 12 | | professional licenses, registrations, or certificates are | 13 | | issued by the Department, then the Secretary shall extend the | 14 | | expiration date or renewal period of the license, | 15 | | registration, or certificate of those individuals for a period | 16 | | not to exceed the standard renewal period for those licenses, | 17 | | registrations, or certificates. Factors that may be considered | 18 | | by the Secretary when determining whether to extend the | 19 | | expiration date or renewal period shall include, but are not | 20 | | limited to: | 21 | | (1) the number of applications pending; | 22 | | (2) the percentage of applicants or licensees, | 23 | | registrants, or certificate holders waiting for Department | 24 | | action on their applications compared to the number of | 25 | | licensees, registrants, or certificate holders in the |
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| 1 | | profession; | 2 | | (3) the number of licenses, registrations, or | 3 | | certificates that have expired while pending Department | 4 | | action on renewal; | 5 | | (4) whether there is a shortage of licensees, | 6 | | registrants, or certificate holders providing the | 7 | | professional service; | 8 | | (5) the potential impact on the Department's | 9 | | operational budget; and | 10 | | (6) any other licensing-related factors that are | 11 | | deemed relevant by the Department and are prescribed by | 12 | | rule. | 13 | | (b) The Secretary shall waive the payment of late fees for | 14 | | a licensee, registrant, or certificate holder in a profession | 15 | | whose expiration date or renewal period has been extended | 16 | | under this Section and in those cases where Department | 17 | | processing delays result in the expiration of a license, | 18 | | registration, or certificate. | 19 | | (c) The Department may adopt rules or emergency rules to | 20 | | implement and administer this Section. | 21 | | (d) This Section is repealed January 1, 2026 one year | 22 | | after the effective date of this amendatory Act of the 103rd | 23 | | General Assembly . | 24 | | (Source: P.A. 103-568, eff. 12-8-23.) | 25 | | Section 15. The Illinois Grant Funds Recovery Act is |
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| 1 | | amended by changing Section 5.1 as follows: | 2 | | (30 ILCS 705/5.1) | 3 | | (Section scheduled to be repealed on July 31, 2024) | 4 | | Sec. 5.1. Restoration of grant award. | 5 | | (a) A grantee who received an award pursuant to the Open | 6 | | Space Lands Acquisition and Development Act who was unable to | 7 | | complete the project within the 2 years required by Section 5 | 8 | | due to the COVID-19 public health emergency, and whose grant | 9 | | agreement expired between January 1, 2021 and July 29, 2021, | 10 | | shall be eligible for an award under the same terms as the | 11 | | expired grant agreement, subject to the availability of | 12 | | appropriated moneys in the fund from which the original | 13 | | disbursement to the grantee was made. The grantee must | 14 | | demonstrate prior compliance with the terms and conditions of | 15 | | the expired award to be eligible for funding under this | 16 | | Section. | 17 | | (b) Any grant funds not expended or legally obligated by | 18 | | the expiration of the newly executed agreement must be | 19 | | returned to the grantor agency within 45 days, if the funds are | 20 | | not already on deposit with the grantor agency or the State | 21 | | Treasurer. Such returned funds shall be deposited into the | 22 | | fund from which the original grant disbursement to the grantee | 23 | | was made. | 24 | | (c) This Section is repealed on July 1, 2025 July 31, 2024 . | 25 | | (Source: P.A. 102-699, eff. 4-19-22.) |
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| 1 | | Section 20. The Small Wireless Facilities Deployment Act | 2 | | is amended by changing Sections 15, 25, and 90 as follows: | 3 | | (50 ILCS 840/15) (was 50 ILCS 835/15) | 4 | | (Section scheduled to be repealed on December 31, 2024) | 5 | | Sec. 15. Regulation of small wireless facilities. | 6 | | (a) This Section applies to activities of a wireless | 7 | | provider within or outside rights-of-way. | 8 | | (b) Except as provided in this Section, an authority may | 9 | | not prohibit, regulate, or charge for the collocation of small | 10 | | wireless facilities. | 11 | | (c) Small wireless facilities shall be classified as | 12 | | permitted uses and subject to administrative review in | 13 | | conformance with this Act, except as provided in paragraph (5) | 14 | | of subsection (d) of this Section regarding height exceptions | 15 | | or variances, but not subject to zoning review or approval if | 16 | | they are collocated (i) in rights-of-way in any zone, or (ii) | 17 | | outside rights-of-way in property zoned exclusively for | 18 | | commercial or industrial use. | 19 | | (d) An authority may require an applicant to obtain one or | 20 | | more permits to collocate a small wireless facility. An | 21 | | authority shall receive applications for, process, and issue | 22 | | permits subject to the following requirements: | 23 | | (1) An authority may not directly or indirectly | 24 | | require an applicant to perform services unrelated to the |
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| 1 | | collocation for which approval is sought, such as in-kind | 2 | | contributions to the authority, including reserving fiber, | 3 | | conduit, or utility pole space for the authority on the | 4 | | wireless provider's utility pole. An authority may reserve | 5 | | space on authority utility poles for future public safety | 6 | | uses or for the authority's electric utility uses, but a | 7 | | reservation of space may not preclude the collocation of a | 8 | | small wireless facility unless the authority reasonably | 9 | | determines that the authority utility pole cannot | 10 | | accommodate both uses. | 11 | | (2) An applicant shall not be required to provide more | 12 | | information to obtain a permit than the authority requires | 13 | | of a communications service provider that is not a | 14 | | wireless provider that requests to attach facilities to a | 15 | | structure; however, a wireless provider may be required to | 16 | | provide the following information when seeking a permit to | 17 | | collocate small wireless facilities on a utility pole or | 18 | | wireless support structure: | 19 | | (A) site specific structural integrity and, for an | 20 | | authority utility pole, make-ready analysis prepared | 21 | | by a structural engineer, as that term is defined in | 22 | | Section 4 of the Structural Engineering Practice Act | 23 | | of 1989; | 24 | | (B) the location where each proposed small | 25 | | wireless facility or utility pole would be installed | 26 | | and photographs of the location and its immediate |
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| 1 | | surroundings depicting the utility poles or structures | 2 | | on which each proposed small wireless facility would | 3 | | be mounted or location where utility poles or | 4 | | structures would be installed; | 5 | | (C) specifications and drawings prepared by a | 6 | | structural engineer, as that term is defined in | 7 | | Section 4 of the Structural Engineering Practice Act | 8 | | of 1989, for each proposed small wireless facility | 9 | | covered by the application as it is proposed to be | 10 | | installed; | 11 | | (D) the equipment type and model numbers for the | 12 | | antennas and all other wireless equipment associated | 13 | | with the small wireless facility; | 14 | | (E) a proposed schedule for the installation and | 15 | | completion of each small wireless facility covered by | 16 | | the application, if approved; | 17 | | (F) certification that the collocation complies | 18 | | with paragraph (6) to the best of the applicant's | 19 | | knowledge; and | 20 | | (G) the wireless provider's certification from a | 21 | | radio engineer that it operates the small wireless | 22 | | facility within all applicable FCC standards. | 23 | | (3) Subject to paragraph (6), an authority may not | 24 | | require the placement of small wireless facilities on any | 25 | | specific utility pole, or category of utility poles, or | 26 | | require multiple antenna systems on a single utility pole; |
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| 1 | | however, with respect to an application for the | 2 | | collocation of a small wireless facility associated with a | 3 | | new utility pole, an authority may propose that the small | 4 | | wireless facility be collocated on an existing utility | 5 | | pole or existing wireless support structure within 200 | 6 | | feet of the proposed collocation, which the applicant | 7 | | shall accept if it has the right to use the alternate | 8 | | structure on reasonable terms and conditions and the | 9 | | alternate location and structure does not impose technical | 10 | | limits or additional material costs as determined by the | 11 | | applicant. The authority may require the applicant to | 12 | | provide a written certification describing the property | 13 | | rights, technical limits or material cost reasons the | 14 | | alternate location does not satisfy the criteria in this | 15 | | paragraph (3). | 16 | | (4) Subject to paragraph (6), an authority may not | 17 | | limit the placement of small wireless facilities mounted | 18 | | on a utility pole or a wireless support structure by | 19 | | minimum horizontal separation distances. | 20 | | (5) An authority may limit the maximum height of a | 21 | | small wireless facility to 10 feet above the utility pole | 22 | | or wireless support structure on which the small wireless | 23 | | facility is collocated. Subject to any applicable waiver, | 24 | | zoning, or other process that addresses wireless provider | 25 | | requests for an exception or variance and does not | 26 | | prohibit granting of such exceptions or variances, the |
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| 1 | | authority may limit the height of new or replacement | 2 | | utility poles or wireless support structures on which | 3 | | small wireless facilities are collocated to the higher of: | 4 | | (i) 10 feet in height above the tallest existing utility | 5 | | pole, other than a utility pole supporting only wireless | 6 | | facilities, that is in place on the date the application | 7 | | is submitted to the authority, that is located within 300 | 8 | | feet of the new or replacement utility pole or wireless | 9 | | support structure and that is in the same right-of-way | 10 | | within the jurisdictional boundary of the authority, | 11 | | provided the authority may designate which intersecting | 12 | | right-of-way within 300 feet of the proposed utility pole | 13 | | or wireless support structures shall control the height | 14 | | limitation for such facility; or (ii) 45 feet above ground | 15 | | level. | 16 | | (6) An authority may require that: | 17 | | (A) the wireless provider's operation of the small | 18 | | wireless facilities does not interfere with the | 19 | | frequencies used by a public safety agency for public | 20 | | safety communications; a wireless provider shall | 21 | | install small wireless facilities of the type and | 22 | | frequency that will not cause unacceptable | 23 | | interference with a public safety agency's | 24 | | communications equipment; unacceptable interference | 25 | | will be determined by and measured in accordance with | 26 | | industry standards and the FCC's regulations |
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| 1 | | addressing unacceptable interference to public safety | 2 | | spectrum or any other spectrum licensed by a public | 3 | | safety agency; if a small wireless facility causes | 4 | | such interference, and the wireless provider has been | 5 | | given written notice of the interference by the public | 6 | | safety agency, the wireless provider, at its own | 7 | | expense, shall take all reasonable steps necessary to | 8 | | correct and eliminate the interference, including, but | 9 | | not limited to, powering down the small wireless | 10 | | facility and later powering up the small wireless | 11 | | facility for intermittent testing, if necessary; the | 12 | | authority may terminate a permit for a small wireless | 13 | | facility based on such interference if the wireless | 14 | | provider is not making a good faith effort to remedy | 15 | | the problem in a manner consistent with the abatement | 16 | | and resolution procedures for interference with public | 17 | | safety spectrum established by the FCC including 47 | 18 | | CFR 22.970 through 47 CFR 22.973 and 47 CFR 90.672 | 19 | | through 47 CFR 90.675; | 20 | | (B) the wireless provider comply with requirements | 21 | | that are imposed by a contract between an authority | 22 | | and a private property owner that concern design or | 23 | | construction standards applicable to utility poles and | 24 | | ground-mounted equipment located in the right-of-way; | 25 | | (C) the wireless provider comply with applicable | 26 | | spacing requirements in applicable codes and |
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| 1 | | ordinances concerning the location of ground-mounted | 2 | | equipment located in the right-of-way if the | 3 | | requirements include a waiver, zoning, or other | 4 | | process that addresses wireless provider requests for | 5 | | exception or variance and do not prohibit granting of | 6 | | such exceptions or variances; | 7 | | (D) the wireless provider comply with local code | 8 | | provisions or regulations concerning undergrounding | 9 | | requirements that prohibit the installation of new or | 10 | | the modification of existing utility poles in a | 11 | | right-of-way without prior approval if the | 12 | | requirements include a waiver, zoning, or other | 13 | | process that addresses requests to install such new | 14 | | utility poles or modify such existing utility poles | 15 | | and do not prohibit the replacement of utility poles; | 16 | | (E) the wireless provider comply with generally | 17 | | applicable standards that are consistent with this Act | 18 | | and adopted by an authority for construction and | 19 | | public safety in the rights-of-way, including, but not | 20 | | limited to, reasonable and nondiscriminatory wiring | 21 | | and cabling requirements, grounding requirements, | 22 | | utility pole extension requirements, acoustic | 23 | | regulations, and signage limitations; and shall comply | 24 | | with reasonable and nondiscriminatory requirements | 25 | | that are consistent with this Act and adopted by an | 26 | | authority regulating the location, size, surface area |
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| 1 | | and height of small wireless facilities, or the | 2 | | abandonment and removal of small wireless facilities; | 3 | | (F) the wireless provider not collocate small | 4 | | wireless facilities on authority utility poles that | 5 | | are part of an electric distribution or transmission | 6 | | system within the communication worker safety zone of | 7 | | the pole or the electric supply zone of the pole; | 8 | | however, the antenna and support equipment of the | 9 | | small wireless facility may be located in the | 10 | | communications space on the authority utility pole and | 11 | | on the top of the pole, if not otherwise unavailable, | 12 | | if the wireless provider complies with applicable | 13 | | codes for work involving the top of the pole; for | 14 | | purposes of this subparagraph (F), the terms | 15 | | "communications space", "communication worker safety | 16 | | zone", and "electric supply zone" have the meanings | 17 | | given to those terms in the National Electric Safety | 18 | | Code as published by the Institute of Electrical and | 19 | | Electronics Engineers; | 20 | | (G) the wireless provider comply with the | 21 | | applicable codes and local code provisions or | 22 | | regulations that concern public safety; | 23 | | (H) the wireless provider comply with written | 24 | | design standards that are generally applicable for | 25 | | decorative utility poles, or reasonable stealth, | 26 | | concealment, and aesthetic requirements that are |
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| 1 | | identified by the authority in an ordinance, written | 2 | | policy adopted by the governing board of the | 3 | | authority, a comprehensive plan, or other written | 4 | | design plan that applies to other occupiers of the | 5 | | rights-of-way, including on a historic landmark or in | 6 | | a historic district; | 7 | | (I) subject to subsection (c) of this Section, and | 8 | | except for facilities excluded from evaluation for | 9 | | effects on historic properties under 47 CFR | 10 | | 1.1307(a)(4), reasonable, technically feasible and | 11 | | non-discriminatory design or concealment measures in a | 12 | | historic district or historic landmark; any such | 13 | | design or concealment measures, including restrictions | 14 | | on a specific category of poles, may not have the | 15 | | effect of prohibiting any provider's technology; such | 16 | | design and concealment measures shall not be | 17 | | considered a part of the small wireless facility for | 18 | | purposes of the size restrictions of a small wireless | 19 | | facility; this paragraph may not be construed to limit | 20 | | an authority's enforcement of historic preservation in | 21 | | conformance with the requirements adopted pursuant to | 22 | | the Illinois State Agency Historic Resources | 23 | | Preservation Act or the National Historic Preservation | 24 | | Act of 1966, 54 U.S.C. Section 300101 et seq., and the | 25 | | regulations adopted to implement those laws; and | 26 | | (J) When a wireless provider replaces or adds a |
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| 1 | | new radio transceiver or antennas to an existing small | 2 | | wireless facility, certification by the wireless | 3 | | provider from a radio engineer that the continuing | 4 | | operation of the small wireless facility complies with | 5 | | all applicable FCC standards. | 6 | | (7) Within 30 days after receiving an application, an | 7 | | authority must determine whether the application is | 8 | | complete and notify the applicant. If an application is | 9 | | incomplete, an authority must specifically identify the | 10 | | missing information. An application shall be deemed | 11 | | complete if the authority fails to provide notification to | 12 | | the applicant within 30 days after when all documents, | 13 | | information, and fees specifically enumerated in the | 14 | | authority's permit application form are submitted by the | 15 | | applicant to the authority. Processing deadlines are | 16 | | tolled from the time the authority sends the notice of | 17 | | incompleteness to the time the applicant provides the | 18 | | missing information. | 19 | | (8) An authority shall process applications as | 20 | | follows: | 21 | | (A) an application to collocate a small wireless | 22 | | facility on an existing utility pole or wireless | 23 | | support structure shall be processed on a | 24 | | nondiscriminatory basis and deemed approved if the | 25 | | authority fails to approve or deny the application | 26 | | within 90 days; however, if an applicant intends to |
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| 1 | | proceed with the permitted activity on a deemed | 2 | | approved basis, the applicant must notify the | 3 | | authority in writing of its intention to invoke the | 4 | | deemed approved remedy no sooner than 75 days after | 5 | | the submission of a completed application; the permit | 6 | | shall be deemed approved on the latter of the 90th day | 7 | | after submission of the complete application or the | 8 | | 10th day after the receipt of the deemed approved | 9 | | notice by the authority; the receipt of the deemed | 10 | | approved notice shall not preclude the authority's | 11 | | denial of the permit request within the time limits as | 12 | | provided under this Act; and | 13 | | (B) an application to collocate a small wireless | 14 | | facility that includes the installation of a new | 15 | | utility pole shall be processed on a nondiscriminatory | 16 | | basis and deemed approved if the authority fails to | 17 | | approve or deny the application within 120 days; | 18 | | however, if an applicant intends to proceed with the | 19 | | permitted activity on a deemed approved basis, the | 20 | | applicant must notify the authority in writing of its | 21 | | intention to invoke the deemed approved remedy no | 22 | | sooner than 105 days after the submission of a | 23 | | completed application; the permit shall be deemed | 24 | | approved on the latter of the 120th day after | 25 | | submission of the complete application or the 10th day | 26 | | after the receipt of the deemed approved notice by the |
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| 1 | | authority; the receipt of the deemed approved notice | 2 | | shall not preclude the authority's denial of the | 3 | | permit request within the time limits as provided | 4 | | under this Act. | 5 | | (9) An authority shall approve an application unless | 6 | | the application does not meet the requirements of this | 7 | | Act. If an authority determines that applicable codes, | 8 | | local code provisions or regulations that concern public | 9 | | safety, or the requirements of paragraph (6) require that | 10 | | the utility pole or wireless support structure be replaced | 11 | | before the requested collocation, approval may be | 12 | | conditioned on the replacement of the utility pole or | 13 | | wireless support structure at the cost of the provider. | 14 | | The authority must document the basis for a denial, | 15 | | including the specific code provisions or application | 16 | | conditions on which the denial was based, and send the | 17 | | documentation to the applicant on or before the day the | 18 | | authority denies an application. The applicant may cure | 19 | | the deficiencies identified by the authority and resubmit | 20 | | the revised application once within 30 days after notice | 21 | | of denial is sent to the applicant without paying an | 22 | | additional application fee. The authority shall approve or | 23 | | deny the revised application within 30 days after the | 24 | | applicant resubmits the application or it is deemed | 25 | | approved; however, the applicant must notify the authority | 26 | | in writing of its intention to proceed with the permitted |
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| 1 | | activity on a deemed approved basis, which may be | 2 | | submitted with the resubmitted application. Any subsequent | 3 | | review shall be limited to the deficiencies cited in the | 4 | | denial. However, this revised application cure does not | 5 | | apply if the cure requires the review of a new location, | 6 | | new or different structure to be collocated upon, new | 7 | | antennas, or other wireless equipment associated with the | 8 | | small wireless facility. | 9 | | (10) The time period for applications may be further | 10 | | tolled by: | 11 | | (A) the express agreement in writing by both the | 12 | | applicant and the authority; or | 13 | | (B) a local, State, or federal disaster | 14 | | declaration or similar emergency that causes the | 15 | | delay. | 16 | | (11) An applicant seeking to collocate small wireless | 17 | | facilities within the jurisdiction of a single authority | 18 | | shall be allowed, at the applicant's discretion, to file a | 19 | | consolidated application and receive a single permit for | 20 | | the collocation of up to 25 small wireless facilities if | 21 | | the collocations each involve substantially the same type | 22 | | of small wireless facility and substantially the same type | 23 | | of structure. If an application includes multiple small | 24 | | wireless facilities, the authority may remove small | 25 | | wireless facility collocations from the application and | 26 | | treat separately small wireless facility collocations for |
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| 1 | | which incomplete information has been provided or that do | 2 | | not qualify for consolidated treatment or that are denied. | 3 | | The authority may issue separate permits for each | 4 | | collocation that is approved in a consolidated | 5 | | application. | 6 | | (12) Collocation for which a permit is granted shall | 7 | | be completed within 180 days after issuance of the permit, | 8 | | unless the authority and the wireless provider agree to | 9 | | extend this period or a delay is caused by make-ready work | 10 | | for an authority utility pole or by the lack of commercial | 11 | | power or backhaul availability at the site, provided the | 12 | | wireless provider has made a timely request within 60 days | 13 | | after the issuance of the permit for commercial power or | 14 | | backhaul services, and the additional time to complete | 15 | | installation does not exceed 360 days after issuance of | 16 | | the permit. Otherwise, the permit shall be void unless the | 17 | | authority grants an extension in writing to the applicant. | 18 | | (13) The duration of a permit shall be for a period of | 19 | | not less than 5 years, and the permit shall be renewed for | 20 | | equivalent durations unless the authority makes a finding | 21 | | that the small wireless facilities or the new or modified | 22 | | utility pole do not comply with the applicable codes or | 23 | | local code provisions or regulations in paragraphs (6) and | 24 | | (9). If this Act is repealed as provided in Section 90, | 25 | | renewals of permits shall be subject to the applicable | 26 | | authority code provisions or regulations in effect at the |
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| 1 | | time of renewal. | 2 | | (14) An authority may not prohibit, either expressly | 3 | | or de facto, the (i) filing, receiving, or processing | 4 | | applications, or (ii) issuing of permits or other | 5 | | approvals, if any, for the collocation of small wireless | 6 | | facilities unless there has been a local, State, or | 7 | | federal disaster declaration or similar emergency that | 8 | | causes the delay. | 9 | | (15) Applicants shall submit applications, supporting | 10 | | information, and notices by personal delivery or as | 11 | | otherwise required by the authority. An authority may | 12 | | require that permits, supporting information, and notices | 13 | | be submitted by personal delivery at the authority's | 14 | | designated place of business, by regular mail postmarked | 15 | | on the date due, or by any other commonly used means, | 16 | | including electronic mail, as required by the authority. | 17 | | (e) Application fees are subject to the following | 18 | | requirements: | 19 | | (1) An authority may charge an application fee of up | 20 | | to $650 for an application to collocate a single small | 21 | | wireless facility on an existing utility pole or wireless | 22 | | support structure and up to $350 for each small wireless | 23 | | facility addressed in an application to collocate more | 24 | | than one small wireless facility on existing utility poles | 25 | | or wireless support structures. | 26 | | (2) An authority may charge an application fee of |
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| 1 | | $1,000 for each small wireless facility addressed in an | 2 | | application that includes the installation of a new | 3 | | utility pole for such collocation. | 4 | | (3) Notwithstanding any contrary provision of State | 5 | | law or local ordinance, applications pursuant to this | 6 | | Section must be accompanied by the required application | 7 | | fee. | 8 | | (4) Within 2 months after the effective date of this | 9 | | Act, an authority shall make available application fees | 10 | | consistent with this subsection, through ordinance, or in | 11 | | a written schedule of permit fees adopted by the | 12 | | authority. | 13 | | (5) Notwithstanding any provision of this Act to the | 14 | | contrary, an authority may charge recurring rates and | 15 | | application fees up to the amount permitted by the Federal | 16 | | Communication Commission in its Declaratory Ruling and | 17 | | Third Report and Order adopted on September 26, 2018 in WT | 18 | | Docket Nos. 17-70, 17-84 and cited as 33 FCC Rcd 9088, | 19 | | 9129, or any subsequent ruling, order, or guidance issued | 20 | | by the Federal Communication Commission regarding fees and | 21 | | recurring rates. | 22 | | (f) An authority shall not require an application, | 23 | | approval, or permit, or require any fees or other charges, | 24 | | from a communications service provider authorized to occupy | 25 | | the rights-of-way, for: (i) routine maintenance; (ii) the | 26 | | replacement of wireless facilities with wireless facilities |
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| 1 | | that are substantially similar, the same size, or smaller if | 2 | | the wireless provider notifies the authority at least 10 days | 3 | | prior to the planned replacement and includes equipment | 4 | | specifications for the replacement of equipment consistent | 5 | | with the requirements of subparagraph (D) of paragraph (2) of | 6 | | subsection (d) of this Section; or (iii) the installation, | 7 | | placement, maintenance, operation, or replacement of micro | 8 | | wireless facilities that are suspended on cables that are | 9 | | strung between existing utility poles in compliance with | 10 | | applicable safety codes. However, an authority may require a | 11 | | permit to work within rights-of-way for activities that affect | 12 | | traffic patterns or require lane closures. | 13 | | (g) Nothing in this Act authorizes a person to collocate | 14 | | small wireless facilities on: (1) property owned by a private | 15 | | party or property owned or controlled by a unit of local | 16 | | government that is not located within rights-of-way, subject | 17 | | to subsection (j) of this Section, or a privately owned | 18 | | utility pole or wireless support structure without the consent | 19 | | of the property owner; (2) property owned, leased, or | 20 | | controlled by a park district, forest preserve district, or | 21 | | conservation district for public park, recreation, or | 22 | | conservation purposes without the consent of the affected | 23 | | district, excluding the placement of facilities on | 24 | | rights-of-way located in an affected district that are under | 25 | | the jurisdiction and control of a different unit of local | 26 | | government as provided by the Illinois Highway Code; or (3) |
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| 1 | | property owned by a rail carrier registered under Section | 2 | | 18c-7201 of the Illinois Vehicle Code, Metra Commuter Rail or | 3 | | any other public commuter rail service, or an electric utility | 4 | | as defined in Section 16-102 of the Public Utilities Act, | 5 | | without the consent of the rail carrier, public commuter rail | 6 | | service, or electric utility. The provisions of this Act do | 7 | | not apply to an electric or gas public utility or such | 8 | | utility's wireless facilities if the facilities are being | 9 | | used, developed, and maintained consistent with the provisions | 10 | | of subsection (i) of Section 16-108.5 of the Public Utilities | 11 | | Act. | 12 | | For the purposes of this subsection, "public utility" has | 13 | | the meaning given to that term in Section 3-105 of the Public | 14 | | Utilities Act. Nothing in this Act shall be construed to | 15 | | relieve any person from any requirement (1) to obtain a | 16 | | franchise or a State-issued authorization to offer cable | 17 | | service or video service or (2) to obtain any required | 18 | | permission to install, place, maintain, or operate | 19 | | communications facilities, other than small wireless | 20 | | facilities subject to this Act. | 21 | | (h) Agreements between authorities and wireless providers | 22 | | that relate to the collocation of small wireless facilities in | 23 | | the right-of-way, including the collocation of small wireless | 24 | | facilities on authority utility poles, that are in effect on | 25 | | the effective date of this Act remain in effect for all small | 26 | | wireless facilities collocated on the authority's utility |
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| 1 | | poles pursuant to applications submitted to the authority | 2 | | before the effective date of this Act, subject to applicable | 3 | | termination provisions. Such agreements entered into after the | 4 | | effective date of the Act shall comply with the Act. | 5 | | (i) An authority shall allow the collocation of small | 6 | | wireless facilities on authority utility poles subject to the | 7 | | following: | 8 | | (1) An authority may not enter into an exclusive | 9 | | arrangement with any person for the right to attach small | 10 | | wireless facilities to authority utility poles. | 11 | | (2) The rates and fees for collocations on authority | 12 | | utility poles shall be nondiscriminatory regardless of the | 13 | | services provided by the collocating person. | 14 | | (3) An authority may charge an annual recurring rate | 15 | | to collocate a small wireless facility on an authority | 16 | | utility pole located in a right-of-way that equals (i) | 17 | | $270 $200 per year or (ii) the actual, direct, and | 18 | | reasonable costs related to the wireless provider's use of | 19 | | space on the authority utility pole. Rates for collocation | 20 | | on authority utility poles located outside of a | 21 | | right-of-way are not subject to these limitations. In any | 22 | | controversy concerning the appropriateness of a cost-based | 23 | | rate for an authority utility pole located within a | 24 | | right-of-way, the authority shall have the burden of | 25 | | proving that the rate does not exceed the actual, direct, | 26 | | and reasonable costs for the applicant's proposed use of |
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| 1 | | the authority utility pole. Nothing in this paragraph (3) | 2 | | prohibits a wireless provider and an authority from | 3 | | mutually agreeing to an annual recurring rate of less than | 4 | | $270 $200 to collocate a small wireless facility on an | 5 | | authority utility pole. | 6 | | (4) Authorities or other persons owning or controlling | 7 | | authority utility poles within the right-of-way shall | 8 | | offer rates, fees, and other terms that comply with | 9 | | subparagraphs (A) through (E) of this paragraph (4). | 10 | | Within 2 months after the effective date of this Act, an | 11 | | authority or a person owning or controlling authority | 12 | | utility poles shall make available, through ordinance or | 13 | | an authority utility pole attachment agreement, license or | 14 | | other agreement that makes available to wireless | 15 | | providers, the rates, fees, and terms for the collocation | 16 | | of small wireless facilities on authority utility poles | 17 | | that comply with this Act and with subparagraphs (A) | 18 | | through (E) of this paragraph (4). In the absence of such | 19 | | an ordinance or agreement that complies with this Act, and | 20 | | until such a compliant ordinance or agreement is adopted, | 21 | | wireless providers may collocate small wireless facilities | 22 | | and install utility poles under the requirements of this | 23 | | Act. | 24 | | (A) The rates, fees, and terms must be | 25 | | nondiscriminatory, competitively neutral, and | 26 | | commercially reasonable, and may address, among other |
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| 1 | | requirements, the requirements in subparagraphs (A) | 2 | | through (I) of paragraph (6) of subsection (d) of this | 3 | | Section; subsections (e), (i), and (k) of this | 4 | | Section; Section 30; and Section 35, and must comply | 5 | | with this Act. | 6 | | (B) For authority utility poles that support | 7 | | aerial facilities used to provide communications | 8 | | services or electric service, wireless providers shall | 9 | | comply with the process for make-ready work under 47 | 10 | | U.S.C. 224 and its implementing regulations, and the | 11 | | authority shall follow a substantially similar process | 12 | | for make-ready work except to the extent that the | 13 | | timing requirements are otherwise addressed in this | 14 | | Act. The good-faith estimate of the person owning or | 15 | | controlling the authority utility pole for any | 16 | | make-ready work necessary to enable the pole to | 17 | | support the requested collocation shall include | 18 | | authority utility pole replacement, if necessary. | 19 | | (C) For authority utility poles that do not | 20 | | support aerial facilities used to provide | 21 | | communications services or electric service, the | 22 | | authority shall provide a good-faith estimate for any | 23 | | make-ready work necessary to enable the authority | 24 | | utility pole to support the requested collocation, | 25 | | including pole replacement, if necessary, within 90 | 26 | | days after receipt of a complete application. |
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| 1 | | Make-ready work, including any authority utility pole | 2 | | replacement, shall be completed within 60 days of | 3 | | written acceptance of the good-faith estimate by the | 4 | | applicant at the wireless provider's sole cost and | 5 | | expense. Alternatively, if the authority determines | 6 | | that applicable codes or public safety regulations | 7 | | require the authority utility pole to be replaced to | 8 | | support the requested collocation, the authority may | 9 | | require the wireless provider to replace the authority | 10 | | utility pole at the wireless provider's sole cost and | 11 | | expense. | 12 | | (D) The authority shall not require more | 13 | | make-ready work than required to meet applicable codes | 14 | | or industry standards. Make-ready work may include | 15 | | work needed to accommodate additional public safety | 16 | | communications needs that are identified in a | 17 | | documented and approved plan for the deployment of | 18 | | public safety equipment as specified in paragraph (1) | 19 | | of subsection (d) of this Section and included in an | 20 | | existing or preliminary authority or public service | 21 | | agency budget for attachment within one year of the | 22 | | application. Fees for make-ready work, including any | 23 | | authority utility pole replacement, shall not exceed | 24 | | actual costs or the amount charged to communications | 25 | | service providers for similar work and shall not | 26 | | include any consultants' fees or expenses for |
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| 1 | | authority utility poles that do not support aerial | 2 | | facilities used to provide communications services or | 3 | | electric service. Make-ready work, including any pole | 4 | | replacement, shall be completed within 60 days of | 5 | | written acceptance of the good-faith estimate by the | 6 | | wireless provider, at its sole cost and expense. | 7 | | (E) A wireless provider that has an existing | 8 | | agreement with the authority on the effective date of | 9 | | the Act may accept the rates, fees, and terms that an | 10 | | authority makes available under this Act for the | 11 | | collocation of small wireless facilities or the | 12 | | installation of new utility poles for the collocation | 13 | | of small wireless facilities that are the subject of | 14 | | an application submitted 2 or more years after the | 15 | | effective date of the Act as provided in this | 16 | | paragraph (4) by notifying the authority that it opts | 17 | | to accept such rates, fees, and terms. The existing | 18 | | agreement remains in effect, subject to applicable | 19 | | termination provisions, for the small wireless | 20 | | facilities the wireless provider has collocated on the | 21 | | authority's utility poles pursuant to applications | 22 | | submitted to the authority before the wireless | 23 | | provider provides such notice and exercises its option | 24 | | under this subparagraph. | 25 | | (5) Notwithstanding any provision of this Act to the | 26 | | contrary, an authority may charge recurring rates and |
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| 1 | | application fees up to the amount permitted by the Federal | 2 | | Communication Commission in its Declaratory Ruling and | 3 | | Third Report and Order adopted on September 26, 2018 in WT | 4 | | Docket Nos. 17-70, 17-84 and cited as 33 FCC Rcd 9088, | 5 | | 9129, or any subsequent ruling, order, or guidance issued | 6 | | by the Federal Communication Commission regarding fees and | 7 | | recurring rates. | 8 | | (j) An authority shall authorize the collocation of small | 9 | | wireless facilities on utility poles owned or controlled by | 10 | | the authority that are not located within rights-of-way to the | 11 | | same extent the authority currently permits access to utility | 12 | | poles for other commercial projects or uses. The collocations | 13 | | shall be subject to reasonable and nondiscriminatory rates, | 14 | | fees, and terms as provided in an agreement between the | 15 | | authority and the wireless provider. | 16 | | (k) Nothing in this Section precludes an authority from | 17 | | adopting reasonable rules with respect to the removal of | 18 | | abandoned small wireless facilities. A small wireless facility | 19 | | that is not operated for a continuous period of 12 months shall | 20 | | be considered abandoned and the owner of the facility must | 21 | | remove the small wireless facility within 90 days after | 22 | | receipt of written notice from the authority notifying the | 23 | | owner of the abandonment. The notice shall be sent by | 24 | | certified or registered mail, return receipt requested, by the | 25 | | authority to the owner at the last known address of the owner. | 26 | | If the small wireless facility is not removed within 90 days of |
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| 1 | | such notice, the authority may remove or cause the removal of | 2 | | the facility pursuant to the terms of its pole attachment | 3 | | agreement for authority utility poles or through whatever | 4 | | actions are provided for abatement of nuisances or by other | 5 | | law for removal and cost recovery. An authority may require a | 6 | | wireless provider to provide written notice to the authority | 7 | | if it sells or transfers small wireless facilities subject to | 8 | | this Act within the jurisdictional boundary of the authority. | 9 | | Such notice shall include the name and contact information of | 10 | | the new wireless provider. | 11 | | (l) Nothing in this Section requires an authority to | 12 | | install or maintain any specific utility pole or to continue | 13 | | to install or maintain utility poles in any location if the | 14 | | authority makes a non-discriminatory decision to eliminate | 15 | | above-ground utility poles of a particular type generally, | 16 | | such as electric utility poles, in all or a significant | 17 | | portion of its geographic jurisdiction. For authority utility | 18 | | poles with collocated small wireless facilities in place when | 19 | | an authority makes a decision to eliminate above-ground | 20 | | utility poles of a particular type generally, the authority | 21 | | shall either (i) continue to maintain the authority utility | 22 | | pole or install and maintain a reasonable alternative utility | 23 | | pole or wireless support structure for the collocation of the | 24 | | small wireless facility, or (ii) offer to sell the utility | 25 | | pole to the wireless provider at a reasonable cost or allow the | 26 | | wireless provider to install its own utility pole so it can |
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| 1 | | maintain service from that location. | 2 | | (Source: P.A. 102-9, eff. 6-3-21; 102-21, eff. 6-25-21.) | 3 | | (50 ILCS 840/25) (was 50 ILCS 835/25) | 4 | | (Section scheduled to be repealed on December 31, 2024) | 5 | | Sec. 25. Dispute resolution. A circuit court has | 6 | | jurisdiction to resolve all disputes arising under this Act. | 7 | | Pending resolution of a dispute concerning rates for | 8 | | collocation of small wireless facilities on authority utility | 9 | | poles within the right-of-way, the authority shall allow the | 10 | | collocating person to collocate on its poles at annual rates | 11 | | of no more than $270 $200 per year per authority utility pole, | 12 | | with rates to be determined upon final resolution of the | 13 | | dispute. | 14 | | (Source: P.A. 102-21, eff. 6-25-21.) | 15 | | (50 ILCS 840/90) (was 50 ILCS 835/90) | 16 | | (Section scheduled to be repealed on December 31, 2024) | 17 | | Sec. 90. Repeal. This Act is repealed on January 1, 2030 | 18 | | December 31, 2024 . | 19 | | (Source: P.A. 102-9, eff. 6-3-21; 102-21, eff. 6-25-21.) | 20 | | Section 25. The Illinois Municipal Code is amended by | 21 | | changing Sections 8-3-14b and 8-3-14c as follows: | 22 | | (65 ILCS 5/8-3-14b) |
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| 1 | | (Section scheduled to be repealed on January 1, 2025) | 2 | | Sec. 8-3-14b. Municipal hotel operators' tax in DuPage | 3 | | County. For any municipality located within DuPage County that | 4 | | belongs to a not-for-profit organization headquartered in | 5 | | DuPage County that is recognized by the Department of Commerce | 6 | | and Economic Opportunity as a certified local tourism and | 7 | | convention bureau entitled to receive State tourism grant | 8 | | funds, not less than 75% of the amounts collected pursuant to | 9 | | Section 8-3-14 shall be expended by the municipality to | 10 | | promote tourism and conventions within that municipality or | 11 | | otherwise to attract nonresident overnight visitors to the | 12 | | municipality, and the remainder of the amounts collected by a | 13 | | municipality within DuPage County pursuant to Section 8-3-14 | 14 | | may be expended by the municipality for economic development | 15 | | or capital infrastructure. | 16 | | This Section is repealed on January 1, 2027 2025 . | 17 | | (Source: P.A. 101-204, eff. 8-2-19; 102-699, eff. 4-19-22.) | 18 | | (65 ILCS 5/8-3-14c) | 19 | | (Section scheduled to be repealed on January 1, 2025) | 20 | | Sec. 8-3-14c. Municipal hotel use tax in DuPage County. | 21 | | For any municipality located within DuPage County that belongs | 22 | | to a not-for-profit organization headquartered in DuPage | 23 | | County that is recognized by the Department of Commerce and | 24 | | Economic Opportunity as a certified local tourism and | 25 | | convention bureau entitled to receive State tourism grant |
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| 1 | | funds, not less than 75% of the amounts collected pursuant to | 2 | | Section 8-3-14a shall be expended by the municipality to | 3 | | promote tourism and conventions within that municipality or | 4 | | otherwise to attract nonresident overnight visitors to the | 5 | | municipality, and the remainder of the amounts collected by a | 6 | | municipality within DuPage County pursuant to Section 8-3-14a | 7 | | may be expended by the municipality for economic development | 8 | | or capital infrastructure. | 9 | | This Section is repealed on January 1, 2027 2025 . | 10 | | (Source: P.A. 101-204, eff. 8-2-19; 102-699, eff. 4-19-22.) | 11 | | Section 30. The School Code is amended by changing Section | 12 | | 17-2A as follows: | 13 | | (105 ILCS 5/17-2A) (from Ch. 122, par. 17-2A) | 14 | | Sec. 17-2A. Interfund transfers. | 15 | | (a) The school board of any district having a population | 16 | | of less than 500,000 inhabitants may, by proper resolution | 17 | | following a public hearing set by the school board or the | 18 | | president of the school board (that is preceded (i) by at least | 19 | | one published notice over the name of the clerk or secretary of | 20 | | the board, occurring at least 7 days and not more than 30 days | 21 | | prior to the hearing, in a newspaper of general circulation | 22 | | within the school district and (ii) by posted notice over the | 23 | | name of the clerk or secretary of the board, at least 48 hours | 24 | | before the hearing, at the principal office of the school |
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| 1 | | board or at the building where the hearing is to be held if a | 2 | | principal office does not exist, with both notices setting | 3 | | forth the time, date, place, and subject matter of the | 4 | | hearing), transfer money from (1) the Educational Fund to the | 5 | | Operations and Maintenance Fund or the Transportation Fund, | 6 | | (2) the Operations and Maintenance Fund to the Educational | 7 | | Fund or the Transportation Fund, (3) the Transportation Fund | 8 | | to the Educational Fund or the Operations and Maintenance | 9 | | Fund, or (4) the Tort Immunity Fund to the Operations and | 10 | | Maintenance Fund of said district, provided that, except | 11 | | during the period from July 1, 2003 through June 30, 2026 2024 , | 12 | | such transfer is made solely for the purpose of meeting | 13 | | one-time, non-recurring expenses. Except during the period | 14 | | from July 1, 2003 through June 30, 2026 and except as otherwise | 15 | | provided in subsection (b) of this Section, any other | 16 | | permanent interfund transfers authorized by any provision or | 17 | | judicial interpretation of this Code for which the transferee | 18 | | fund is not precisely and specifically set forth in the | 19 | | provision of this Code authorizing such transfer shall be made | 20 | | to the fund of the school district most in need of the funds | 21 | | being transferred, as determined by resolution of the school | 22 | | board. | 23 | | (b) (Blank). | 24 | | (c) Notwithstanding subsection (a) of this Section or any | 25 | | other provision of this Code to the contrary, the school board | 26 | | of any school district (i) that is subject to the Property Tax |
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| 1 | | Extension Limitation Law, (ii) that is an elementary district | 2 | | servicing students in grades K through 8, (iii) whose | 3 | | territory is in one county, (iv) that is eligible for Section | 4 | | 7002 Federal Impact Aid, and (v) that has no more than $81,000 | 5 | | in funds remaining from refinancing bonds that were refinanced | 6 | | a minimum of 5 years prior to January 20, 2017 (the effective | 7 | | date of Public Act 99-926) may make a one-time transfer of the | 8 | | funds remaining from the refinancing bonds to the Operations | 9 | | and Maintenance Fund of the district by proper resolution | 10 | | following a public hearing set by the school board or the | 11 | | president of the school board, with notice as provided in | 12 | | subsection (a) of this Section, so long as the district meets | 13 | | the qualifications set forth in this subsection (c) on January | 14 | | 20, 2017 (the effective date of Public Act 99-926). | 15 | | (d) Notwithstanding subsection (a) of this Section or any | 16 | | other provision of this Code to the contrary, the school board | 17 | | of any school district (i) that is subject to the Property Tax | 18 | | Extension Limitation Law, (ii) that is a community unit school | 19 | | district servicing students in grades K through 12, (iii) | 20 | | whose territory is in one county, (iv) that owns property | 21 | | designated by the United States as a Superfund site pursuant | 22 | | to the federal Comprehensive Environmental Response, | 23 | | Compensation and Liability Act of 1980 (42 U.S.C. 9601 et | 24 | | seq.), and (v) that has an excess accumulation of funds in its | 25 | | bond fund, including funds accumulated prior to July 1, 2000, | 26 | | may make a one-time transfer of those excess funds accumulated |
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| 1 | | prior to July 1, 2000 to the Operations and Maintenance Fund of | 2 | | the district by proper resolution following a public hearing | 3 | | set by the school board or the president of the school board, | 4 | | with notice as provided in subsection (a) of this Section, so | 5 | | long as the district meets the qualifications set forth in | 6 | | this subsection (d) on August 4, 2017 (the effective date of | 7 | | Public Act 100-32). | 8 | | (Source: P.A. 101-643, eff. 6-18-20; 102-671, eff. 11-30-21; | 9 | | 102-895, eff. 5-23-22.) | 10 | | Section 35. The Public Utilities Act is amended by | 11 | | changing Sections 13-1200 and 21-1601 as follows: | 12 | | (220 ILCS 5/13-1200) | 13 | | (Section scheduled to be repealed on December 31, 2026) | 14 | | Sec. 13-1200. Repealer. This Article is repealed January | 15 | | 1, 2030 December 31, 2026 . | 16 | | (Source: P.A. 101-639, eff. 6-12-20; 102-9, eff. 6-3-21.) | 17 | | (220 ILCS 5/21-1601) | 18 | | Sec. 21-1601. Repealer. Sections 21-101 through 21-1501 of | 19 | | this Article are repealed January 1, 2030 December 31, 2026 . | 20 | | (Source: P.A. 101-639, eff. 6-12-20; 102-9, eff. 6-3-21.) | 21 | | Section 99. Effective date. This Act takes effect upon | 22 | | becoming law. |
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