SB3652 104TH GENERAL ASSEMBLY

LRB104 18868 AAS 32313 b

104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
SB3652

Introduced 2/5/2026, by Sen. Paul Faraci

SYNOPSIS AS INTRODUCED:

220 ILCS 30/17.3
220 ILCS 30/17.4
220 ILCS 30/17.5
220 ILCS 30/17.6
220 ILCS 30/17.8

Amends the Electric Supplier Act. In provisions concerning rights granted to electric cooperative broadband grant recipients, provides that, outside of the grant service area, a broadband provider may access and use (i) any existing electric easement held or controlled by the broadband provider or (ii) any other existing electric easement contingent upon an agreement with the easement holder or controller for the delivery of broadband service by the broadband provider. Provides that, if the proper permits are acquired by State and local authorities, no property owner of property located outside the grant service area shall forbid or prevent a proposed broadband provider from entering upon the property for purposes of and in connection with the deployment of broadband infrastructure, nor shall any such property owner forbid or prohibit the broadband provider from deploying upon, beneath, or over that property broadband infrastructure utilized by the broadband provider for such broadband service. Provides that the property owner may be entitled to the payment of just compensation by that broadband provider and the broadband provider shall indemnify the property owner for any physical damage caused by the deployment of the broadband infrastructure and service. Changes references in the Electrical Service Broadband Deployment and Access Law to include broadband providers.

A BILL FOR

AN ACT concerning regulation.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Electric Supplier Act is amended by changing Sections 17.3, 17.4, 17.5, 17.6, and 17.8 as follows:

(220 ILCS 30/17.3)

Sec. 17.3. Rights granted to electric cooperative broadband grant recipients and broadband providers.

(a) In the grant service area, a broadband grant recipient, subject to the recipient's broadband grant, may access and use (i) any existing electric easement held or controlled by the broadband grant recipient or (ii) any other existing electric easement contingent upon an agreement with the easement holder or controller for the delivery of broadband service by the broadband grant recipient.

(a-5) Outside of the grant service area, a broadband provider may access and use (i) any existing electric easement held or controlled by the broadband provider or (ii) any other existing electric easement contingent upon an agreement with the easement holder or controller for the delivery of broadband service by the broadband provider.

(b) If the proper permits are acquired by State and local authorities, no property owner of property located within the grant service area shall forbid or prevent a proposed broadband grant recipient from entering upon the property for purposes of and in connection with the deployment of broadband infrastructure, nor shall any such property owner forbid or prohibit the broadband grant recipient from deploying upon, beneath, or over that property broadband infrastructure utilized by the broadband grant recipient for such broadband service. The property owner may be entitled to the payment of just compensation by that broadband grant recipient, as provided in Section 17.4, and the broadband grant recipient shall indemnify the property owner of the property for any physical damage caused by deployment of the broadband infrastructure and service.

(c) If the proper permits are acquired by State and local authorities, no property owner of property located outside the grant service area shall forbid or prevent a proposed broadband provider from entering upon the property for purposes of and in connection with the deployment of broadband infrastructure, nor shall any such property owner forbid or prohibit the broadband provider from deploying upon, beneath, or over that property broadband infrastructure utilized by the broadband provider for such broadband service. The property owner may be entitled to the payment of just compensation by that broadband provider, as provided in Section 17.4, and the broadband provider shall indemnify the property owner for any physical damage caused by the deployment of the broadband infrastructure and service.

(Source: P.A. 104-426, eff. 8-15-25.)

(220 ILCS 30/17.4)

Sec. 17.4. Notice and compensation.

(a) Broadband The broadband grant recipients and broadband providers recipient must notify the property owner in writing by sending notification to the property owner's address specified in the online or publicly available records of the applicable county assessor (i) by the United States Postal Service, certified mail, return receipt requested; (ii) by a designated private delivery service, as defined by the Internal Revenue Service, that provides the same function as certified mail with return receipt; or (iii) by personally serving the notification. The property owner shall be notified at least 14 days, but not more than 60 days, prior to the broadband grant recipient or broadband provider entering upon such property for purposes of or in connection with the deployment of broadband infrastructure. The notice shall include the following information:

(1) the address of the property;

(2) the name of the broadband grant recipient or broadband provider and contact information for notice to the broadband grant recipient or broadband provider;

(3) the anticipated date of the proposed installation, maintenance, repair, or removal of the broadband infrastructure and projected length of time required to complete the installation, maintenance, or repair;

(4) information as to the time within which the owner may give notice and demand just compensation under this Section if the property owner believes that the property is diminished in value due to the burden on the property from the expanded use of the electric easement or right-of-way;

(5) the manner and method of, and the detailed design and construction plans for, such installation, maintenance, repair, and removal, including the location of the proposed entry and path of broadband facilities proposed to be placed, repaired, maintained, or removed upon the property;

(6) for installation of broadband infrastructure that will occur overhead, the details regarding how the broadband infrastructure installation will conform to applicable National Electric Safety Code standards for overhead clearance; and

(7) for installation of broadband infrastructure that will occur below ground, a statement absolving the property owner or the property owner's tenant from liability for any damages to broadband infrastructure that occur in the event of normal property use, including normal farming operations if the property is used for farming purposes.

(b) If the property owner intends to demand just compensation, the property owner must serve written notice thereof upon the broadband grant recipient or broadband provider within 45 days after the anticipated date of broadband deployment as provided in the notice to the property owner. Unless timely notice as provided in this subsection is given by the property owner to the broadband grant recipient or broadband provider, it will be conclusively presumed that the property owner does not claim just compensation for the burden on the property from the expanded use of the electric easement or the right-of-way.

(c) Any property owner described in subsection (a) who has given timely written notice to the broadband grant recipient or broadband provider, as provided in subsection (b), may assert a claim for just compensation for diminution in value of the property from the expanded use of the electric easement or right-of-way. A property owner may bring suit in an applicable circuit court with jurisdiction to enforce a claim for just compensation and to have the amount of just compensation determined by a jury. Such action must be commenced within 6 months of delivery of the broadband grant recipient's or broadband provider's original notice of intent to deploy broadband infrastructure. A property owner who has not given timely notice as provided in subsection (b) is barred from asserting such a claim.

(d) Neither the property owner's notice to demand just compensation, nor the property owner's assertion of a specific claim for just compensation, nor the initiation of any legal action to enforce the claim of just compensation shall delay or impair the right of the broadband grant recipient or broadband provider to deploy broadband infrastructure and provide broadband service within or upon, beneath, or over property described in subsection (a).

(Source: P.A. 104-426, eff. 8-15-25.)

(220 ILCS 30/17.5)

Sec. 17.5. Rights-of-way. Conditional upon acquiring the proper agreement or permit with the highway right-of-way controller or holder, a broadband grant recipient or broadband provider may install, maintain, and use broadband infrastructure below ground along a highway right-of-way within the grant service area. The broadband grant recipient or broadband provider shall comply with all applicable provisions of Section 9-113 of the Illinois Highway Code and relevant administrative rules. No property owner of property located within the grant service area shall forbid or prevent such proposed broadband grant recipient or broadband provider from entering upon such property for purposes of and in connection with the deployment of broadband infrastructure, nor shall any such property owner forbid or prohibit the covered provider from deploying upon, beneath, or over such property broadband infrastructure utilized by the covered provider for providing broadband service. The property owner may be entitled to payment of just compensation by that broadband grant recipient or broadband provider, as provided in Section 17.4, and the broadband grant recipient or broadband provider shall indemnify the owner of such property for any physical damage caused by the deployment of such broadband infrastructure and service. Nothing in this amendatory Act of the 104th General Assembly shall be construed as reducing the ability of the Department of Transportation from exercising its authority to (1) approve or deny permits for use of its right-of-way, (2) collect fees and compensation required as part of the Department of Transportation's administrative rules, and (3) manage the use of its right-of-way.

(Source: P.A. 104-426, eff. 8-15-25.)

(220 ILCS 30/17.6)

Sec. 17.6. Labor standards and protection. Electric cooperative broadband grant recipients and broadband providers under this Law, including any contractors and subcontractors of the broadband grant recipient or broadband provider, performing work subject to this Law shall, when applicable, pay prevailing wages and benefits to workers, comply with the Davis-Bacon Act, and collect any required certified payrolls. A broadband grant recipient or broadband provider shall comply with all requirements set forth in the Prevailing Wage Act, including, but not limited to, inserting into all contracts for construction a stipulation that not less than the prevailing rate of wages, as applicable to the project, shall be paid to all laborers, workers, and mechanics performing work under the contract, and requiring all surety bonds with contractors to include a provision that guarantees the faithful performance of the prevailing wage clause in the contract. The broadband grant recipient or broadband provider electric cooperative shall report to the Department of Labor on its compliance with the Prevailing Wage Act on a monthly basis. Apprentices performing work subject to this Law shall perform either 10% of the total labor hours actually worked in each prevailing wage classification or 10% of the estimated labor hours in each prevailing wage classification, whichever is less.

(Source: P.A. 104-426, eff. 8-15-25.)

(220 ILCS 30/17.8)

Sec. 17.8. Sunset. The rights and obligations of broadband project grant recipients, broadband providers, and landowners set forth in this Law do not apply on and after January 1, 2030.

(Source: P.A. 104-426, eff. 8-15-25.)