Bill Text: IL SB4209 | 2025-2026 | 104th General Assembly | Introduced

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Bill Title: 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.

Sponsorship: Partisan Bill (Democrat 1)

Status: (Introduced) 2026-05-25 - Referred to Assignments [SB4209 Detail]

Download: Illinois-2025-SB4209-Introduced.html

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104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026SB4209 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.
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A BILL FOR
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AN ACT concerning local government.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Counties Code is amended by adding Section
5-12025 as follows:
(55 ILCS 5/5-12025 new)
Sec. 5-12025. Infrastructure services.
(a) As used in this Section:
"Infrastructure services" means physical assets or
functional systems that provide essential resources for public
health, safety, and economic activity. "Infrastructure
services" includes water distribution, water treatment, and
water storage facilities, telecommunication facilities,
transit facilities, and electrical facilities.
"Major utilities and services" means infrastructure
services that have substantial land use impacts on surrounding
areas and that may be allowed when the public interest
supersedes the usual limitations placed on land use and
transcends the usual restraints of the zoning district for
reasons of necessary location and community-wide interest.
"Major utilities and services" includes water and wastewater
treatment facilities, major water storage facilities, transit
stations, bus turnarounds, transit maintenance, and storage

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garages. "Major utilities and services" does not include
waste-related uses.
"Minor utilities and services" means infrastructure
services that need to be located in an area where the service
is provided, that generally do not have regular employees at
the site, and that have few, if any, impacts on surrounding
areas. "Minor utilities and services" includes water and sewer
pump stations, electrical substations, stormwater facilities
and conveyance systems, and telephone exchanges.
(b) Notwithstanding any other provision of law or whether
the county has formed a zoning commission and adopted formal
zoning under Section 5-12007, a county may establish standards
for the classification of infrastructure services as either
minor utilities and services or major utilities and services.
The standards adopted under this subsection must comply with
the requirements of this Section. A county may also regulate
the classification of infrastructure services with standards
that comply with the requirements of this Section in
unincorporated areas of the county that are outside the zoning
jurisdiction of a municipality and that are outside the
1.5-mile radius surrounding the zoning jurisdiction of a
municipality.
(c) If a county has elected to establish standards under
subsection (b), the county board of the county where the
infrastructure services are located shall classify electrical
substations as minor utilities and services only if the

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electrical substation is limited in scale and designed to
minimize the impacts on surrounding properties and shall
classify electrical substations 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. Electrical substations
classified under this subsection are subject to all applicable
zoning requirements for such uses, including approval as a
special use where required.
(d) A home rule county may not regulate the classification
of infrastructure services in a manner inconsistent with this
Section. This Section is a limitation under subsection (i) of
Section 6 of Article VII of the Illinois Constitution on the
concurrent exercise by home rule units of powers and functions
exercised by the State.
Section 10. The Illinois Municipal Code is amended by
adding Section 11-13-30 as follows:
(65 ILCS 5/11-13-30 new)
Sec. 11-13-30. Infrastructure services.
(a) As used in this Section:
"Infrastructure services" means physical assets or
functional systems that provide essential resources for public

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health, safety, and economic activity. "Infrastructure
services" includes water distribution, water treatment, and
water storage facilities, telecommunication facilities,
transit facilities, and electrical facilities.
"Major utilities and services" means infrastructure
services that have substantial land use impacts on surrounding
areas and that may be allowed when the public interest
supersedes the usual limitations placed on land use and
transcends the usual restraints of the zoning district for
reasons of necessary location and community-wide interest.
"Major utilities and services" includes water and wastewater
treatment facilities, major water storage facilities, transit
stations, bus turnarounds, transit maintenance, and storage
garages. "Major utilities and services" does not include
waste-related uses.
"Minor utilities and services" means infrastructure
services that need to be located in an area where the service
is provided, that generally do not have regular employees at
the site, and that have few, if any, impacts on surrounding
areas. "Minor utilities and services" includes water and sewer
pump stations, electrical substations, stormwater facilities
and conveyance systems, and telephone exchanges.
(b) Notwithstanding any other provision of law or whether
the municipality has formed a zoning commission and adopted
formal zoning under Section 11-13-1, a municipality may
establish standards for the classification of infrastructure

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services as either minor utilities and services or major
utilities and services. The standards adopted under this
subsection must comply with the requirements of this Section.
A municipality may also regulate the classification of
infrastructure services with standards that comply with the
requirements specified in this Section within its zoning
jurisdiction and within the 1.5-mile radius surrounding its
zoning jurisdiction.
(c) If a municipality has elected to establish standards
under subsection (b), the corporate authorities of the
municipality where the infrastructure services are located
shall classify electrical substations as minor utilities and
services only if the electrical substation is limited in scale
and designed to minimize the impacts on surrounding properties
and shall classify electrical substations as major utilities
and services if the electrical substation 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.
Electrical substations classified under this subsection are
subject to all applicable zoning requirements for such uses,
including approval as a special use where required.
(d) A home rule municipality may not regulate the
classification of infrastructure services in a manner
inconsistent with this Section. This Section is a limitation

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under subsection (i) of Section 6 of Article VII of the
Illinois Constitution on the concurrent exercise by home rule
units of powers and functions exercised by the State.