Public Act 098-0197
 
HB0163 EnrolledLRB098 04212 OMW 34237 b


  
    AN ACT concerning local government.
  
 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:
  





 
    Section 5. The Counties Code is amended  by adding Section 
5-12001.2 as follows:
 
    (55 ILCS 5/5-12001.2 new)
    Sec. 5-12001.2. Regulation of telecommunications 
facilities; Lake County pilot project.
    In addition to any other requirements under this Division 
concerning the regulation of telecommunications facilities, 
the following applies to any new telecommunications facilities 
in Lake County that are not AM telecommunications towers or 
facilities:
    (a) For every new wireless telecommunications facility 
requiring a new tower structure, a telecommunications carrier 
shall provide the county with documentation consisting of the 
proposed location, a site plan, and an elevation that 
sufficiently describes a proposed wireless facility location. 
    (b) The county shall have 7 days to review the facility 
proposal and contact the telecommunications carrier in writing 
via e-mail or other written means as specified by the 
telecommunications carrier. This written communication shall 
either approve the proposed location or request a meeting to 
review other possible alternative locations. If requested, the 
meeting shall take place within 7 days after the date of the 
written communication. 
    (c) At the meeting, the telecommunications carrier shall 
provide the county documentation consisting of radio frequency 
engineering criteria and a corresponding telecommunications 
facility search ring map,  together with documentation of the 
carrier's efforts to site the proposed facility within the 
telecommunications facility search ring. 
    (d) Within 21 days after receipt of the carrier's 
documentation, the   county shall propose either an alternative 
site within the telecommunications facility search ring, or an 
alternative site outside of the telecommunications search ring 
that meets the radio frequency engineering criteria provided by 
the telecommunications carrier and that will not materially 
increase the construction budget beyond what was estimated on 
the original carrier proposed site. 
    (e) If the county's proposed alternative site meets the 
radio frequency engineering criteria provided by the 
telecommunications carrier, and will not materially increase 
the construction budget beyond what was estimated on the 
original carrier proposed site, then the telecommunications 
carrier shall agree to build the facility at the alternative 
location, subject to the negotiation of a lease with 
commercially reasonable terms and the obtainment of the 
customary building permits. 
    (f) If the telecommunications carrier can demonstrate 
that: (i) the county's proposed alternative site does not meet 
the radio frequency engineering criteria, (ii) the county's 
proposed alternative site will materially increase the 
construction budget beyond what was estimated on the original 
carrier proposed site, (iii) the county has failed to provide 
an alternate site, or (iv) after a period of 90 days after 
receipt of the alternative site the telecommunications carrier 
has failed, after acting in good faith and with due diligence, 
to obtain a lease or at a minimum, a letter of intent to lease 
the alternative site at lease rates not materially greater than 
the lease rate for the original proposed site; then the carrier 
can proceed to permit and construct the site under the 
provisions and standards of Section 5-12001.1 of this Code. 
 

    Section 99. Effective date. This Act takes effect upon 
becoming law.


Effective Date:  8/9/2013