Illinois General Assembly - Full Text of HB0163
Illinois General Assembly

Previous General Assemblies

Full Text of HB0163  98th General Assembly

HB0163enr 98TH GENERAL ASSEMBLY

  
  
  

 


 
HB0163 EnrolledLRB098 04212 OMW 34237 b

1    AN ACT concerning local government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Counties Code is amended by adding Section
55-12001.2 as follows:
 
6    (55 ILCS 5/5-12001.2 new)
7    Sec. 5-12001.2. Regulation of telecommunications
8facilities; Lake County pilot project.
9    In addition to any other requirements under this Division
10concerning the regulation of telecommunications facilities,
11the following applies to any new telecommunications facilities
12in Lake County that are not AM telecommunications towers or
13facilities:
14    (a) For every new wireless telecommunications facility
15requiring a new tower structure, a telecommunications carrier
16shall provide the county with documentation consisting of the
17proposed location, a site plan, and an elevation that
18sufficiently describes a proposed wireless facility location.
19    (b) The county shall have 7 days to review the facility
20proposal and contact the telecommunications carrier in writing
21via e-mail or other written means as specified by the
22telecommunications carrier. This written communication shall
23either approve the proposed location or request a meeting to

 

 

HB0163 Enrolled- 2 -LRB098 04212 OMW 34237 b

1review other possible alternative locations. If requested, the
2meeting shall take place within 7 days after the date of the
3written communication.
4    (c) At the meeting, the telecommunications carrier shall
5provide the county documentation consisting of radio frequency
6engineering criteria and a corresponding telecommunications
7facility search ring map, together with documentation of the
8carrier's efforts to site the proposed facility within the
9telecommunications facility search ring.
10    (d) Within 21 days after receipt of the carrier's
11documentation, the county shall propose either an alternative
12site within the telecommunications facility search ring, or an
13alternative site outside of the telecommunications search ring
14that meets the radio frequency engineering criteria provided by
15the telecommunications carrier and that will not materially
16increase the construction budget beyond what was estimated on
17the original carrier proposed site.
18    (e) If the county's proposed alternative site meets the
19radio frequency engineering criteria provided by the
20telecommunications carrier, and will not materially increase
21the construction budget beyond what was estimated on the
22original carrier proposed site, then the telecommunications
23carrier shall agree to build the facility at the alternative
24location, subject to the negotiation of a lease with
25commercially reasonable terms and the obtainment of the
26customary building permits.

 

 

HB0163 Enrolled- 3 -LRB098 04212 OMW 34237 b

1    (f) If the telecommunications carrier can demonstrate
2that: (i) the county's proposed alternative site does not meet
3the radio frequency engineering criteria, (ii) the county's
4proposed alternative site will materially increase the
5construction budget beyond what was estimated on the original
6carrier proposed site, (iii) the county has failed to provide
7an alternate site, or (iv) after a period of 90 days after
8receipt of the alternative site the telecommunications carrier
9has failed, after acting in good faith and with due diligence,
10to obtain a lease or at a minimum, a letter of intent to lease
11the alternative site at lease rates not materially greater than
12the lease rate for the original proposed site; then the carrier
13can proceed to permit and construct the site under the
14provisions and standards of Section 5-12001.1 of this Code.
 
15    Section 99. Effective date. This Act takes effect upon
16becoming law.