35 ILCS 645/5-6
2021 Illinois Compiled Statutes|Chapter 35 - REVENUE|35 ILCS 645/ - Electricity Infrastructure Maintenance Fee Law.|Article 5 - Electricity Infrastructure Maintenance Fee Law

Sec. 5-6. Validity of existing franchise fees and agreement; police  powers.(a) On and after the effective date of this Law, no electricity deliverer  paying an  infrastructure maintenance fee imposed under this Law may be denied the right  to use, directly or  indirectly, public rights of way because of the failure to pay any other fee or  charge for the right to use those rights of way except to the extent that the  electricity deliverer during the Initial Period fails under any existing  franchise agreement to pay franchise fees which are based on the gross receipts  or gross revenues attributable  to non-residential customers or to provide free electrical service or other  compensation attributable to non-residential customers.  A municipality that  imposes an infrastructure  maintenance fee pursuant to Section 5-5 shall impose no other fees or charges  upon electricity  deliverers for such use except as provided by  subsections (b) or (c) of this Section.(b) Agreements between electricity deliverers and municipalities regarding  use of the  public way shall remain valid according to and for their stated terms.  However, a municipality  that, pursuant to a franchise agreement in existence on the effective date of  this Law, receives any  franchise fees, permit fees, free electrical service or other compensation for  use of the public  rights of way, may impose an infrastructure maintenance fee pursuant to this  Law only if the  municipality: (1) waives its right to receive all compensation from the  electricity deliverer for use of the public rights of way during the time the  infrastructure maintenance fee is imposed, except as provided in subsection  (c), and except that during  the Initial Period any municipality may continue to receive franchise fees,  free  electrical service or other compensation from the electricity deliverer which  are equal in value to the Initial Period Compensation;  and (2) provides written notice of this waiver to  the appropriate  electricity deliverer at the time that the municipality provides notice of the  imposition of the  infrastructure maintenance fee under subsection (d) of Section 5-5.  For purposes of this Section, "Initial Period Compensation" shall mean the  total amount of compensation due under the existing franchise agreement during  the Initial Period less the amount of the infrastructure maintenance fee  imposed under this Section during  the Initial Period.(c) Nothing in this Law prohibits a municipality from the reasonable  exercise of its police  powers over the public rights of way.  In addition, a municipality may require  an electricity  deliverer to reimburse any special or extraordinary expenses or costs  reasonably incurred by the  municipality as a direct result of damages to its property or public rights of  way, such as the costs  of restoration of streets damaged by an electricity deliverer that does not make  timely repair of the  damage, or for the loss of revenue due to the inability to use public  facilities as a direct result of  the actions of the electricity deliverer, such as parking meters that are  required to be removed  because of work of an electricity deliverer.  (Source: P.A. 98-756, eff. 7-16-14.)