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SB 1380

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2025 Regular Session Introduced by Ghazala Hashmi

Allows counties and municipalities to use state or local government owned utility poles and rights-of-way for public safety equipment, with safety and cost limits.

Acts of Assembly Chapter text (CHAP0581)
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Bill Summary · SB 1380

SB 1380 — Summary (Public Act 104‑0097)

Status and timeline
- Introduced: Feb 19, 2025 (Sen. John F. Curran et al.).
- Enacted as: Public Act 104‑0097 (signed by the Governor in July/August 2025).
- Effective date: January 1, 2026.

Purpose / intent
- Authorizes counties and municipalities in Illinois to use utility poles and public rights‑of‑way that are owned by the State or by units of local government for public‑safety purposes (for example, mounting equipment associated with public safety operations).
- Seeks to make public infrastructure already owned by government entities available to local public safety agencies while limiting cost barriers and protecting electrical‑safety clearances.

Key provisions
1. New statutory sections
- Counties Code: Adds Section 5‑1192 (county use of utility pole for county public safety).
- Illinois Municipal Code: Adds Section 11‑80‑25 (municipal use of utility pole for municipal public safety).

  1. Authorized uses

    • A county or municipality may use a State‑ or locally‑owned utility pole or public right‑of‑way owned by the State or a local government for public safety purposes, including placement of relevant equipment (e.g., radios, cameras, sensors, street safety beacons — not exhaustive).

  2. Safety and technical limits

    • Equipment may not be placed within or interfere with parts of electric distribution or transmission systems that fall within the "communication worker safety zone" or the "electric supply zone," terms defined by the National Electric Safety Code (NESC).
    • All uses must comply with applicable codes and local regulations addressing public safety.

  3. Permitting

    • A State agency (by rule) or a unit of local government (by ordinance or resolution) may establish a permitting process for such uses.

  4. Fees

    • Any fee charged by the owner of a pole or right‑of‑way for use under these sections must be the lowest rate the owner charges and may not exceed the owner's actual costs.

  5. Exclusion of public utilities

    • The law does not authorize use of property or infrastructure owned by public utilities (those defined in Section 3‑105 of the Public Utilities Act).

Who is affected
- Beneficiaries: counties and municipalities seeking to deploy public‑safety equipment on public assets.
- Duty holders: State agencies and local governments that own poles or rights‑of‑way (they may create permit processes and can charge cost‑based fees).
- Excluded: private/public utilities and their infrastructure — this act does not change access or rates for poles owned by utilities.
- Indirectly affected: public safety agencies (police, fire, emergency management), local residents (through potential improved public‑safety coverage), and municipal budgets (administrative and installation costs).

Potential impact and considerations
- May lower barriers (cost and access) for local governments to deploy public‑safety equipment on government‑owned poles/rights‑of‑way.
- Maintains worker and electrical safety by deferring to NESC clearances and requiring compliance with codes.
- Leaves in place separate regimes for utility‑owned infrastructure; negotiations and existing tariffs with private utilities are unaffected.
- Administrative impacts: owners may need to adopt permitting rules and manage cost‑based fees; counties/municipalities will need to ensure compliance with safety clearances and codes.

Compiled from official sources — confirm details with the bill’s official record.

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