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R-1971 - 11/23/2021 - LEGISLATION - Resolutions THE VILLAGE OF OAK BROOK COOK AND DUPAGE COUNTIES, ILLINOIS RESOLUTION NUMBER 2021-IT-CNG-5G-R-1971 A RESOLUTION CALLING UPON CONGRESS TO ENSURE APPROPRIATE STUDY OF RADIOFREQUENCY EMISSIONS AND THE IMPLEMENTATION OF FIFTH GENERATION WIRELESS NETWORK TECHNOLOGY GOPAL G. LALMALANI, Village President CHARLOTTE K. PRUSS, Village Clerk LAURENCE HERMAN MICHAEL MANZO JAMES NAGLE A. SURESH REDDY EDWARD TIESENGA ASIF YUSUF Village Board Published in pamphlet form by authority of the President and the Board of Trustees of the Village of Oak Brook on this the 23rd day of November, 2021 RESOLUTION NO. 2021-IT-CNG-5G-R-1971 A RESOLUTION CALLING UPON CONGRESS TO ENSURE APPROPRIATE STUDY OF RADIOFREQUENCY EMISSIONS AND THE IMPLEMENTATION OF FIFTH GENERATION WIRELESS NETWORK TECHNOLOGY WHEREAS, the Village of Oak Brook (the "Village") is a municipal corporation with authority provided for and granted pursuant to the Illinois Municipal Code to exercise certain powers and perform certain functions pertaining to its local government and affairs; WHEREAS, telecommunication companies are in the process of rolling out their fifth generation of wireless network technology ("5G") across the United States of America; WHEREAS, a number of residents have been attending recent Board Meetings to voice their concerns related to the unknown enviornmental effects that 5G radio frequency ("RF") emissions have on organic life; WHEREAS, Telecommunications Act of 1996, 47 U.S.C. 332(c)(7)(B), explicitly prohibits any state or local regulation on the placement of these facilities based on the environmental effects of RF emissions, and vests full authority in the Federal Communications Commission ("FCC') to establish rules regarding those environmental effects; WHEREAS, the Illinois Small Wireless Facilities Act, 50 ILCS 840/1 et seq. contains similar prohibitions against use of local government authority, including home rule regulation beyond those specifically provided for under State law; WHEREAS, the Village of Oak Brook, Illinois has been a leader in adopting strong ordinances with its limited authority to regulate the placement and standards of 5G wireless network technology and small wireless facilities,within the confines of both State and federal law; WHEREAS, the Village is aware of ongoing litigation based upon several non-profit organizations and professional medical and technological research, including more than 3 peer- reviewed studies, and more than 30 other scientific or medical recommendations, which allege 2 that there are deficiencies in existing FCC rules related to: the thermal effects of RF emissions and the methodology of averaging exposure from a single source over time, and the failure to protect or consider long-term or multi-source exposure to RF, including the recent D.C. Circuit Court ruling in Environmental Health Trust v. Federal Communications Commission, 20-1025, slip op. (DC Cir. August 13, 2021); WHEREAS, the Village finds itself without authority to act in this space, against this regulatory backdrop, despite calls by residents and its staff for investigation; WHEREAS, the Village expects the continuing rollout of 5G facilities to result in additional requests to locate such facilities within its boundaries at an ever increasing rate, and thereby increasing the amount of RF in the Village exponentially in coming years; WHEREAS,the purpose of this resolution is to seek Congressional authority and direction, and the FCC to more closely look at its existing laws and rules and to study the impacts of electromagnetic and radiofrequency emissions on human health and to more closely monitor and enforce the existing regulations against current and future wireless facilities, including 5G; WHEREAS, the Village accepts exclusive federal authority over these matters and that it is exclusively within such federal authority for the FCC to adopt relevant exposure limits, yet seeks more comprehensive scientific underpinning for such findings; WHEREAS, the Village calls upon Congress and the FCC to protect the public from any dangerous emissions exposure while continuing to facilitate the increasing demand for instantaneous telecommunications services in a manner designed to best protect human life and the environment; and WHEREAS, the Village calls upon the FCC to engage in more comprehensive investigation into allegations of violations of exposure limits beyond those permitted under federal regulation and to engage in a more robust enforcement of its regulations relative to RF emissions. NOW, THEREFORE, BE IT RESOLVED by the Village President and Board of Trustees of the Village of Oak Brook, DuPage and Cook Counties, Illinois as follows: 3 Section One - Recitals The Corporate Authorities hereby find that all of the recitals hereinbefore stated as contained in the preamble to this Resolution are full,true and correct and do hereby, by reference, incorporate and make them part of this Resolution as legislative findings. Section Two— Request for Comprehensive Study That the Village Board calls upon the President of the United States, its congressional leaders, and the Federal Communication Commission to conduct more detailed enquiry into the short- and long-term impacts of Radiofrequency and electromagnetic emissions on humans and on the environment and promulgate appropriate regulations or laws resulting from such study. Section Three—Request for Amendment That the Village Board calls upon Governor Pritzker and its state legislative delegation to modify the Small Wireless Facilities Act to provide better local control over such facilities consistent with federal law and regulation. Section Four- Other Actions Authorized The officers, employees and/or agents of the Village shall take all actions necessary or reasonably required to carry out and give effect to the intent of this Resolution, and shall take all actions necessary in conformity therewith including, without limitation, the execution and delivery of all documents required to be delivered in connection with the distribution of this resolution to the President of the United States, the Governor of the State of Illinois and to each of its elected lawmakers at both the federal and state level. Section Five—Effective Date This resolution shall be in full force and effect from and after its passage, approval and publication as provided by law. Section Six- Publication This resolution shall be published in book or pamphlet form as provided by the Illinois Municipal Code. 4 Section Seven — Saving Clause If any section, paragraph, clause or provision of this resolution is declared by a court of law to be invalid or unconstitutional, the invalidity or unconstitutionality thereof shall not affect the validity of any other provisions of this resolution, which are hereby declared to be separable. Section Eight—Recording This resolution shall be entered into the minutes and upon the journals of the Board of Trustees of the Village of Oak Brook. [Remainder of page intentionally left blank;roll call to follow] 5 DECIDED pursuant to a Roll Call Vote: YES NO ABSENT PRESENT LAURENCE HERMAN x x MICHAEL MANZO x x JAMES NAGLE x x A. SURESH REDDY x x EDWARD TIESENGA x x ASIF YUSUF x x GOPAL G. LALMALANI (if necessary) x TOTAL 6 7 PASSED AND APPROVED by the Village of Oak Brook Board of Trustees on the 23rd day of November, 2021: Gopal G. Lalmalani Village President ATTEST: clit Charlotte K. Pruss Village Clerk , ^� 6