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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.
LRB104 18868 AAS 32313 b

A BILL FOR

SB3652
LRB104 18868 AAS 32313 b
1

AN ACT concerning regulation.

2

Be it enacted by the People of the State of Illinois,
3
represented in the General Assembly:

4

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

6

(220 ILCS 30/17.3)
7

Sec. 17.3.
Rights granted to electric cooperative
8
broadband grant recipients
and broadband providers
.
9

(a) In the grant service area, a broadband grant
10
recipient, subject to the recipient's broadband grant, may
11
access and use (i) any existing electric easement held or
12
controlled by the broadband grant recipient or (ii) any other
13
existing electric easement contingent upon an agreement with
14
the easement holder or controller for the delivery of
15
broadband service by the broadband grant recipient.
16

(a-5) Outside of the grant service area, a broadband
17
provider may access and use (i) any existing electric easement
18
held or controlled by the broadband provider or (ii) any other
19
existing electric easement contingent upon an agreement with
20
the easement holder or controller for the delivery of
21
broadband service by the broadband provider.

22

(b) If the proper permits are acquired by State and local
23
authorities, no property owner of property located within the

SB3652
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LRB104 18868 AAS 32313 b
1
grant service area shall forbid or prevent a proposed
2
broadband grant recipient from entering upon the property for
3
purposes of and in connection with the deployment of broadband
4
infrastructure, nor shall any such property owner forbid or
5
prohibit the broadband grant recipient from deploying upon,
6
beneath, or over that property broadband infrastructure
7
utilized by the broadband grant recipient for such broadband
8
service. The property owner may be entitled to the payment of
9
just compensation by that broadband grant recipient
,
as
10
provided in Section 17.4, and the broadband grant recipient
11
shall indemnify the
property
owner
of the property
for any
12
physical damage caused by deployment of the broadband
13
infrastructure and service.
14

(c) If the proper permits are acquired by State and local
15
authorities, no property owner of property located outside the
16
grant service area shall forbid or prevent a proposed
17
broadband provider from entering upon the property for
18
purposes of and in connection with the deployment of broadband
19
infrastructure, nor shall any such property owner forbid or
20
prohibit the broadband provider from deploying upon, beneath,
21
or over that property broadband infrastructure utilized by the
22
broadband provider for such broadband service. The property
23
owner may be entitled to the payment of just compensation by
24
that broadband provider, as provided in Section 17.4, and the
25
broadband provider shall indemnify the property owner for any
26
physical damage caused by the deployment of the broadband

SB3652
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LRB104 18868 AAS 32313 b
1
infrastructure and service.

2
(Source: P.A. 104-426, eff. 8-15-25.)

3

(220 ILCS 30/17.4)
4

Sec. 17.4.
Notice and compensation.
5

(a)
Broadband

The broadband
grant
recipients and broadband
6
providers

recipient
must notify the property owner in writing
7
by sending notification to the property owner's address
8
specified in the online or publicly available records of the
9
applicable county assessor (i) by the United States Postal
10
Service, certified mail, return receipt requested; (ii) by a
11
designated private delivery service, as defined by the
12
Internal Revenue Service, that provides the same function as
13
certified mail with return receipt; or (iii) by personally
14
serving the notification. The property owner shall be notified
15
at least 14 days, but not more than 60 days, prior to the
16
broadband grant recipient
or broadband provider
entering upon
17
such property for purposes of or in connection with the
18
deployment of broadband infrastructure. The notice shall
19
include the following information:
20

(1) the address of the property;
21

(2) the name of the broadband grant recipient
or
22

broadband provider
and contact information for notice to
23

the broadband grant recipient
or broadband provider
;
24

(3) the anticipated date of the proposed installation,
25

maintenance, repair, or removal of the broadband

SB3652
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LRB104 18868 AAS 32313 b
1

infrastructure and projected length of time required to
2

complete the installation, maintenance, or repair;
3

(4) information as to the time within which the owner
4

may give notice and demand just compensation under this
5

Section if the property owner believes that the property
6

is diminished in value due to the burden on the property
7

from the expanded use of the electric easement or
8

right-of-way;
9

(5) the manner and method of, and the detailed design
10

and construction plans for, such installation,
11

maintenance, repair, and removal, including the location
12

of the proposed entry and path of broadband facilities
13

proposed to be placed, repaired, maintained, or removed
14

upon the property;
15

(6) for installation of broadband infrastructure that
16

will occur overhead, the details regarding how the
17

broadband infrastructure installation will conform to
18

applicable National Electric Safety Code standards for
19

overhead clearance; and
20

(7) for installation of broadband infrastructure that
21

will occur below ground, a statement absolving the
22

property owner or the property owner's tenant from
23

liability for any damages to broadband infrastructure that
24

occur in the event of normal property use, including
25

normal farming operations if the property is used for
26

farming purposes.

SB3652
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LRB104 18868 AAS 32313 b
1

(b) If the property owner intends to demand just
2
compensation, the property owner must serve written notice
3
thereof upon the broadband grant recipient
or broadband
4
provider
within 45 days after the anticipated date of
5
broadband deployment as provided in the notice to the property
6
owner. Unless timely notice as provided in this subsection is
7
given by the property owner to the broadband grant recipient
8
or broadband provider
, it will be conclusively presumed that
9
the property owner does not claim just compensation for the
10
burden on the property from the expanded use of the electric
11
easement or the right-of-way.
12

(c) Any property owner described in subsection (a) who has
13
given timely written notice to the
broadband grant recipient
14
or
broadband provider, as provided in subsection (b), may
15
assert a claim for just compensation for diminution in value
16
of the property from the expanded use of the electric easement
17
or right-of-way. A property owner may bring suit in an
18
applicable circuit court with jurisdiction to enforce a claim
19
for just compensation and to have the amount of just
20
compensation determined by a jury. Such action must be
21
commenced within 6 months of delivery of the broadband grant
22
recipient's
or broadband provider's
original notice of intent
23
to deploy broadband infrastructure. A property owner who has
24
not given timely notice as provided in subsection (b) is
25
barred from asserting such a claim.
26

(d) Neither the property owner's notice to demand just

SB3652
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LRB104 18868 AAS 32313 b
1
compensation, nor the property owner's assertion of a specific
2
claim for just compensation, nor the initiation of any legal
3
action to enforce the claim of just compensation shall delay
4
or impair the right of the broadband grant recipient
or
5
broadband provider
to deploy broadband infrastructure and
6
provide broadband service within or upon, beneath, or over
7
property described in subsection (a).
8
(Source: P.A. 104-426, eff. 8-15-25.)

9

(220 ILCS 30/17.5)
10

Sec. 17.5.
Rights-of-way.
Conditional upon acquiring the
11
proper agreement or permit with the highway right-of-way
12
controller or holder, a broadband grant recipient
or broadband
13
provider
may install, maintain, and use broadband
14
infrastructure below ground along a highway right-of-way
15
within the grant service area. The broadband grant recipient
16
or broadband provider
shall comply with all applicable
17
provisions of Section 9-113 of the Illinois Highway Code and
18
relevant administrative rules. No property owner of property
19
located within the grant service area shall forbid or prevent
20
such proposed broadband grant recipient
or broadband provider

21
from entering upon such property for purposes of and in
22
connection with the deployment of broadband infrastructure,
23
nor shall any such property owner forbid or prohibit the
24
covered provider from deploying upon, beneath, or over such
25
property broadband infrastructure utilized by the covered

SB3652
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LRB104 18868 AAS 32313 b
1
provider for providing broadband service. The property owner
2
may be entitled to payment of just compensation by that
3
broadband grant recipient
or broadband provider
, as provided
4
in Section 17.4, and the broadband grant recipient
or
5
broadband provider
shall indemnify the owner of such property
6
for any physical damage caused by the deployment of such
7
broadband infrastructure and service. Nothing in this
8
amendatory Act of the 104th General Assembly shall be
9
construed as reducing the ability of the Department of
10
Transportation from exercising its authority to (1) approve or
11
deny permits for use of its right-of-way, (2) collect fees and
12
compensation required as part of the Department of
13
Transportation's administrative rules, and (3) manage the use
14
of its right-of-way.
15
(Source: P.A. 104-426, eff. 8-15-25.)

16

(220 ILCS 30/17.6)
17

Sec. 17.6.
Labor standards and protection.
Electric
18
cooperative broadband grant recipients
and broadband providers

19
under this Law, including any contractors and subcontractors
20
of the broadband grant recipient
or broadband provider
,
21
performing work subject to this Law shall, when applicable,
22
pay prevailing wages and benefits to workers, comply with the
23
Davis-Bacon Act, and collect any required certified payrolls.
24
A broadband grant recipient
or broadband provider
shall comply
25
with all requirements set forth in the Prevailing Wage Act,

SB3652
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LRB104 18868 AAS 32313 b
1
including, but not limited to, inserting into all contracts
2
for construction a stipulation that not less than the
3
prevailing rate of wages, as applicable to the project, shall
4
be paid to all laborers, workers, and mechanics performing
5
work under the contract, and requiring all surety bonds with
6
contractors to include a provision that guarantees the
7
faithful performance of the prevailing wage clause in the
8
contract. The
broadband grant recipient or broadband provider

9
electric cooperative
shall report to the Department of Labor
10
on its compliance with the Prevailing Wage Act on a monthly
11
basis. Apprentices performing work subject to this Law shall
12
perform either 10% of the total labor hours actually worked in
13
each prevailing wage classification or 10% of the estimated
14
labor hours in each prevailing wage classification, whichever
15
is less.
16
(Source: P.A. 104-426, eff. 8-15-25.)

17

(220 ILCS 30/17.8)
18

Sec. 17.8.
Sunset.
The rights and obligations of broadband
19
project grant recipients
, broadband providers,
and landowners
20
set forth in this Law do not apply on and after January 1,
21
2030.
22
(Source: P.A. 104-426, eff. 8-15-25.)

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