Bill Text: IL HB5037 | 2021-2022 | 102nd General Assembly | Introduced

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Bill Title: Amends the Illinois Municipal Code and the Public Utilities Act. Provides that when a utility easement is materially changed such that it interferes with the quiet enjoyment of a residential property, the property owner shall have a civil cause of action in the State for an injunction against such modification. Provides that the injunction may not extend beyond the duration of the existing owner's residential use, provided that a successor-in-interest to the owner's entire rights of title and possession shall, within 90 days of acquiring title, notify the utility in writing of a desire to continue the easement on existing terms conditions. Provides conditions where a residential property owner's utility easement is presumptively changed so as to interfere with use. Provides that prior to installation within a residence's easement, notice of the installation shall be provided to the residential owner's address. Provides that the notice shall include certain requirements.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2022-02-18 - Rule 19(a) / Re-referred to Rules Committee [HB5037 Detail]

Download: Illinois-2021-HB5037-Introduced.html

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102ND GENERAL ASSEMBLY State of Illinois 2021 and 2022 HB5037 Introduced , by Rep. Deanne M. Mazzochi SYNOPSIS AS INTRODUCED:
65 ILCS 5/Art. 11 Div. 117.2 heading new
65 ILCS 5/11-117.2-1 new
220 ILCS 5/10-205 new
Amends the Illinois Municipal Code and the Public Utilities Act. Provides that when a utility easement is materially changed such that it interferes with the quit enjoyment of a residential property, the property owner shall have a civil cause of action in the State for an injunction against such modification. Provides that the injunction may not extend beyond the duration of the existing owner's residential use, provided that a successor-in-interest to the owner's entire rights of title and possession shall, within 90 days of acquiring title, notify the utility in writing of a desire to continue the easement on existing terms conditions. Provides conditions where a residential property owner's utility easement is presumptively changed so as to interfere with use. Provides that prior to installation within a residence's easement, notice of the installation shall be provided to the residential owner's address. Provides that the notice shall include certain requirements.
LRB102 25146 AMQ 34408 b
A BILL FOR
HB5037 LRB102 25146 AMQ 34408 b
AN ACT concerning utilities.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Illinois Municipal Code is amended by
adding Division 117.2 to Article 11 and Section 11-117.2-1 as
follows:
(65 ILCS 5/Art. 11 Div. 117.2 heading new)
DIVISION 117.2.
UTILITY EASEMENTS
(65 ILCS 5/11-117.2-1 new)
Sec. 11-117.2-1. Cause of action for an injunction or
modification of a utility easement. When a utility easement
is, or is planned to be changed in a manner that materially
changes the easement, such that it does or will interfere with
the quiet enjoyment of a residential property by the property
owner, or lawfully leased residential tenant, the property
owner or lawfully leased tenant shall have a civil cause of
action in this State for an injunction against such
modification of a utility easement. The injunction may not
extend beyond the duration of the existing owner's residential
use, or tenant's residential use, provided that a
successor-in-interest to the owner's entire rights of title

HB5037 - 2 - LRB102 25146 AMQ 34408 b
and possession shall, within 90 days of acquiring title,
notify the utility in writing of a desire to continue the
easement on existing terms and conditions, or else such
objection shall be waived.
For purposes of this cause of action, and notwithstanding
any other provision of law, a residential property owner's
utility easement is presumptively changed so as to interfere
with use if any of the following conditions apply:
(1) an existing telephone or electric pole is
increased by more than 50% of the existing height; a new
telephone or electric pole is added that exceeds the
height of the neighboring 10 poles by 20%; the number of
telephone or electric poles within the existing easement
space associated with the homeowner that contain a small
cell wireless installation is increased; or, a box,
including, but not limited to, an equipment cabinet,
street furniture, ground furniture, or ground fixtures, is
installed within 25 feet of an existing driveway,
sidewalk, front door, or children's play area;
(2) the number of small cell wireless facilities,
canisters, or antennas on any existing poles or wire or
other apparatus that contacts or enters into a residence
on the property exceeds one within the existing easement
space associated with the residential property; or
(3) a documented environmental condition or
deterioration of health condition has arisen in connection

HB5037 - 3 - LRB102 25146 AMQ 34408 b
with prior installations of comparable devices within
easements in connection with the installation of wireless
facilities in or near the property or within the
community.
Interference with the quiet enjoyment of property of a
residence independently shall be presumed if wireless
facilities or installations are installed in easement
locations where no documented gap in coverage exists for the
residence or residences in question, or for a location within
500 feet of such location. To demonstrate a gap in coverage,
the burden shall be on the proposed installer or permit
applicant to secure a drive test by an independent radio
frequency engineer shall first be prepared. Prior to
installation within a residence's easement, notice of the
installation shall be provided to the residential address, to
be sent by first class mail with the phrase "Legal Notice of
Proposed Installation" displayed prominently on the envelope,
with either a copy of the report, or a working electronic link
to the report to be provided. The report shall include a
description of the placement and an explanation why the
proposed installation is the least intrusive means for
remedying any gap in service, and notify the resident of an
individual who has been designated to serve as a contact
person to address any complaints, or provide reasonable
accommodation, including under the federal Americans with
Disability Act. The report shall also be provided to any city,

HB5037 - 4 - LRB102 25146 AMQ 34408 b
village, or other unit of local government that has permitting
authority over the wireless facility installation, as well as
the local assessor's office, so that the assessor can
ascertain whether the proposed installation will lead to the
depreciation of the value of the adjacent real estate in
accordance with Article IX, Section 4(c) of the Illinois
Constitution.
Section 10. The Public Utilities Act is amended by adding
Section 10-205 as follows:
(220 ILCS 5/10-205 new)
Sec. 10-205. Cause of action for an injunction or
modification of a utility easement. When a utility easement
is, or is planned to be changed in a manner that materially
changes the easement, such that it does or will interfere with
the quiet enjoyment of a residential property by the property
owner, or lawfully leased residential tenant, the property
owner or lawfully leased tenant shall have a civil cause of
action in this State for an injunction against such
modification of a utility easement. The injunction may not
extend beyond the duration of the existing owner's residential
use, or tenant's residential use, provided that a
successor-in-interest to the owner's entire rights of title
and possession shall, within 90 days of acquiring title,
notify the utility in writing of a desire to continue the

HB5037 - 5 - LRB102 25146 AMQ 34408 b
easement on existing terms and conditions, or else such
objection shall be waived.
For purposes of this cause of action, and notwithstanding
any other provision of law, a residential property owner's
utility easement is presumptively changed so as to interfere
with use if any of the following conditions apply:
(1) an existing telephone or electric pole is
increased by more than 50% of the existing height; a new
telephone or electric pole is added that exceeds the
height of the neighboring 10 poles by 20%; the number of
telephone or electric poles within the existing easement
space associated with the homeowner that contain a small
cell wireless installation is increased; or, a box,
including, but not limited to, an equipment cabinet,
street furniture, ground furniture, or ground fixtures, is
installed within 25 feet of an existing driveway,
sidewalk, front door, or children's play area;
(2) the number of small cell wireless facilities,
canisters, or antennas on any existing poles or wire or
other apparatus that contacts or enters into a residence
on the property exceeds one within the existing easement
space associated with the residential property; or
(3) a documented environmental condition or
deterioration of health condition has arisen in connection
with prior installations of comparable devices within
easements in connection with the installation of wireless

HB5037 - 6 - LRB102 25146 AMQ 34408 b
facilities in or near the property or within the
community.
Interference with the quiet enjoyment of property of a
residence independently shall be presumed if wireless
facilities or installations are installed in easement
locations where no documented gap in coverage exists for the
residence or residences in question, or for a location within
500 feet of such location. To demonstrate a gap in coverage,
the burden shall be on the proposed installer or permit
applicant to secure a drive test by an independent radio
frequency engineer shall first be prepared. Prior to
installation within a residence's easement, notice of the
installation shall be provided to the residential address, to
be sent by first class mail with the phrase "Legal Notice of
Proposed Installation" displayed prominently on the envelope,
with either a copy of the report, or a working electronic link
to the report to be provided. The report shall include a
description of the placement and an explanation why the
proposed installation is the least intrusive means for
remedying any gap in service, and notify the resident of an
individual who has been designated to serve as a contact
person to address any complaints, or provide reasonable
accommodation, including under the federal Americans with
Disability Act. The report shall also be provided to any city,
village, or other unit of local government that has permitting
authority over the wireless facility installation, as well as

HB5037 - 7 - LRB102 25146 AMQ 34408 b
the local assessor's office, so that the assessor can
ascertain whether the proposed installation will lead to the
depreciation of the value of the adjacent real estate in
accordance with Article IX, Section 4(c) of the Illinois
Constitution.