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104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
SB4209

Introduced 5/22/2026, by Sen. Sara Feigenholtz

SYNOPSIS AS INTRODUCED:

55 ILCS 5/5-12025 new
65 ILCS 5/11-13-30 new

Amends the Counties Code and the Illinois Municipal Code. Provides
that a county or municipality may establish standards for the
classification of infrastructure services as major utilities and services
or minor utilities and services. Requires electrical substations to be
classified as minor utilities and services if limited in scale and
designed to minimize the impacts on surrounding properties. Further
requires electrical substations to be classified as major utilities and
services if the electrical substation has a net site area or floor area of
0.5 acres or more; is located on a site that is within 660 feet of a
residential, business, commercial, park, or open space zoning district or
a residential building; or includes outdoor equipment yards. Defines
terms.
LRB104 21961 TRT 37912 b

A BILL FOR

SB4209
LRB104 21961 TRT 37912 b
1

AN ACT concerning local government.

2

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

4

Section 5.
The Counties Code is amended by adding Section
5
5-12025 as follows:

6

(55 ILCS 5/5-12025 new)
7

Sec. 5-12025.
Infrastructure services.
8

(a) As used in this Section:
9

"Infrastructure services" means physical assets or
10
functional systems that provide essential resources for public
11
health, safety, and economic activity. "Infrastructure
12
services" includes water distribution, water treatment, and
13
water storage facilities, telecommunication facilities,
14
transit facilities, and electrical facilities.
15

"Major utilities and services" means infrastructure
16
services that have substantial land use impacts on surrounding
17
areas and that may be allowed when the public interest
18
supersedes the usual limitations placed on land use and
19
transcends the usual restraints of the zoning district for
20
reasons of necessary location and community-wide interest.
21
"Major utilities and services" includes water and wastewater
22
treatment facilities, major water storage facilities, transit
23
stations, bus turnarounds, transit maintenance, and storage

SB4209
- 2 -
LRB104 21961 TRT 37912 b
1
garages. "Major utilities and services" does not include
2
waste-related uses.
3

"Minor utilities and services" means infrastructure
4
services that need to be located in an area where the service
5
is provided, that generally do not have regular employees at
6
the site, and that have few, if any, impacts on surrounding
7
areas. "Minor utilities and services" includes water and sewer
8
pump stations, electrical substations, stormwater facilities
9
and conveyance systems, and telephone exchanges.
10

(b) Notwithstanding any other provision of law or whether
11
the county has formed a zoning commission and adopted formal
12
zoning under Section 5-12007, a county may establish standards
13
for the classification of infrastructure services as either
14
minor utilities and services or major utilities and services.
15
The standards adopted under this subsection must comply with
16
the requirements of this Section. A county may also regulate
17
the classification of infrastructure services with standards
18
that comply with the requirements of this Section in
19
unincorporated areas of the county that are outside the zoning
20
jurisdiction of a municipality and that are outside the
21
1.5-mile radius surrounding the zoning jurisdiction of a
22
municipality.
23

(c) If a county has elected to establish standards under
24
subsection (b), the county board of the county where the
25
infrastructure services are located shall classify electrical
26
substations as minor utilities and services only if the

SB4209
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LRB104 21961 TRT 37912 b
1
electrical substation is limited in scale and designed to
2
minimize the impacts on surrounding properties and shall
3
classify electrical substations as major utilities and
4
services if the electrical substation has a net site area or
5
floor area of 0.5 acres or more; is located on a site that is
6
within 660 feet of a residential, business, commercial, park,
7
or open space zoning district or a residential building; or
8
includes outdoor equipment yards. Electrical substations
9
classified under this subsection are subject to all applicable
10
zoning requirements for such uses, including approval as a
11
special use where required.
12

(d) A home rule county may not regulate the classification
13
of infrastructure services in a manner inconsistent with this
14
Section. This Section is a limitation under subsection (i) of
15
Section 6 of Article VII of the Illinois Constitution on the
16
concurrent exercise by home rule units of powers and functions
17
exercised by the State.

18

Section 10.
The Illinois Municipal Code is amended by
19
adding Section 11-13-30 as follows:

20

(65 ILCS 5/11-13-30 new)
21

Sec. 11-13-30.
Infrastructure services.
22

(a) As used in this Section:
23

"Infrastructure services" means physical assets or
24
functional systems that provide essential resources for public

SB4209
- 4 -
LRB104 21961 TRT 37912 b
1
health, safety, and economic activity. "Infrastructure
2
services" includes water distribution, water treatment, and
3
water storage facilities, telecommunication facilities,
4
transit facilities, and electrical facilities.
5

"Major utilities and services" means infrastructure
6
services that have substantial land use impacts on surrounding
7
areas and that may be allowed when the public interest
8
supersedes the usual limitations placed on land use and
9
transcends the usual restraints of the zoning district for
10
reasons of necessary location and community-wide interest.
11
"Major utilities and services" includes water and wastewater
12
treatment facilities, major water storage facilities, transit
13
stations, bus turnarounds, transit maintenance, and storage
14
garages. "Major utilities and services" does not include
15
waste-related uses.
16

"Minor utilities and services" means infrastructure
17
services that need to be located in an area where the service
18
is provided, that generally do not have regular employees at
19
the site, and that have few, if any, impacts on surrounding
20
areas. "Minor utilities and services" includes water and sewer
21
pump stations, electrical substations, stormwater facilities
22
and conveyance systems, and telephone exchanges.
23

(b) Notwithstanding any other provision of law or whether
24
the municipality has formed a zoning commission and adopted
25
formal zoning under Section 11-13-1, a municipality may
26
establish standards for the classification of infrastructure

SB4209
- 5 -
LRB104 21961 TRT 37912 b
1
services as either minor utilities and services or major
2
utilities and services. The standards adopted under this
3
subsection must comply with the requirements of this Section.
4
A municipality may also regulate the classification of
5
infrastructure services with standards that comply with the
6
requirements specified in this Section within its zoning
7
jurisdiction and within the 1.5-mile radius surrounding its
8
zoning jurisdiction.
9

(c) If a municipality has elected to establish standards
10
under subsection (b), the corporate authorities of the
11
municipality where the infrastructure services are located
12
shall classify electrical substations as minor utilities and
13
services only if the electrical substation is limited in scale
14
and designed to minimize the impacts on surrounding properties
15
and shall classify electrical substations as major utilities
16
and services if the electrical substation substation has a net
17
site area or floor area of 0.5 acres or more; is located on a
18
site that is within 660 feet of a residential, business,
19
commercial, park, or open space zoning district or a
20
residential building; or includes outdoor equipment yards.
21
Electrical substations classified under this subsection are
22
subject to all applicable zoning requirements for such uses,
23
including approval as a special use where required.
24

(d) A home rule municipality may not regulate the
25
classification of infrastructure services in a manner
26
inconsistent with this Section. This Section is a limitation

SB4209
- 6 -
LRB104 21961 TRT 37912 b
1
under subsection (i) of Section 6 of Article VII of the
2
Illinois Constitution on the concurrent exercise by home rule
3
units of powers and functions exercised by the State.

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