Bill Text: IL SB2200 | 2015-2016 | 99th General Assembly | Introduced

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Bill Title: Amends the Counties Code. Adds Will County to a pilot project concerning regulation of new telecommunication facilities.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2016-07-31 - Pursuant to Senate Rule 3-9(b) / Referred to Assignments [SB2200 Detail]

Download: Illinois-2015-SB2200-Introduced.html

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99TH GENERAL ASSEMBLY State of Illinois 2015 and 2016 SB2200 Introduced 12/4/2015, by Sen. Jennifer Bertino-Tarrant SYNOPSIS AS INTRODUCED:
55 ILCS 5/5-12001.2
Amends the Counties Code. Adds Will County to a pilot project concerning regulation of new telecommunication facilities.
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A BILL FOR
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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 changing Section
5-12001.2 as follows:
(55 ILCS 5/5-12001.2)
Sec. 5-12001.2. Regulation of telecommunications
facilities; Lake County and Will 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 and Will 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

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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

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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 alternative 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.
(Source: P.A. 98-197, eff. 8-9-13; 98-756, eff. 7-16-14.)