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| Public Act 099-0132 | ||||
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AN ACT concerning regulation.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 1. Short title. This Act may be cited as the Wind | ||||
Energy Facilities Agricultural Impact Mitigation Act. | ||||
Section 5. Purpose. The primary purpose of this Act is to | ||||
promote the State's welfare by protecting landowners during the | ||||
construction and deconstruction of commercial wind energy | ||||
facilities. | ||||
Section 10. Definitions.
As used in this Act:
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"Abandonment" means when deconstruction has not been | ||||
completed within 18 months after the commercial wind energy | ||||
facility reaches the end of its useful life. For purposes of | ||||
this definition, a commercial wind energy facility will be | ||||
presumed to have reached the end of its useful life if (1) no | ||||
electricity is generated for a continuous period of 12 months | ||||
and (2) the commercial wind energy facility owner fails, for a | ||||
period of 6 consecutive months, to pay the landowner amounts | ||||
owed in accordance with the underlying agreement. | ||||
"Agricultural impact mitigation agreement" means an | ||||
agreement between the commercial wind energy facility owner and | ||||
the Department of Agriculture described in Section 15 of this | ||||
Act.
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"Commercial wind energy facility" means a wind energy | ||
conversion facility of equal or greater than 500 kilowatts in | ||
total nameplate generating capacity. "Commercial wind energy | ||
facility" includes a wind energy conversion facility seeking an | ||
extension of a permit to construct granted by a county or | ||
municipality before the effective date of this Act. "Commercial | ||
wind energy facility" does not include a wind energy conversion | ||
facility: (1) that has submitted a complete permit application | ||
to a county or municipality and for which the hearing on the | ||
completed application has commenced on the date provided in the | ||
public hearing notice, which must be before the effective date | ||
of this Act; (2) for which a permit to construct has been | ||
issued before the effective date of this Act; or (3) that was | ||
constructed before the effective date of this Act. | ||
"Commercial wind energy facility owner" means a private | ||
commercial enterprise that owns or operates a commercial wind | ||
energy facility.
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"Construction" means the installation, preparation for | ||
installation, or repair of a commercial wind energy facility.
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"County" means the county where the commercial wind energy | ||
facility is located.
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"Deconstruction" means the removal of a commercial wind | ||
energy facility from the property of a landowner and the | ||
restoration of that property as provided in the agricultural | ||
impact mitigation agreement.
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"Department" means the Department of Agriculture.
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"Landowner" means any person (1) with an ownership interest | ||
in property that is used for agricultural purposes and (2) that | ||
is a party to an underlying agreement.
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"Underlying agreement" means the written agreement with a | ||
landowner, including, but not limited to, an easement, option, | ||
lease, or license, under the terms of which another person has | ||
constructed, constructs, or intends to construct a commercial | ||
wind energy facility on the property of the landowner. | ||
Section 15. Agricultural impact mitigation agreement.
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(a) A commercial wind energy facility owner of a commercial | ||
wind energy facility located on landowner property shall enter | ||
into an agricultural impact mitigation agreement with the | ||
Department outlining construction and deconstruction standards | ||
and policies designed to preserve the integrity of any | ||
agricultural land that is impacted by commercial wind energy | ||
facility construction and deconstruction.
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(b) The agricultural impact mitigation agreement shall | ||
include, but is not limited to, such items as restoration of | ||
agricultural land affected by construction, deconstruction | ||
(including upon abandonment), construction staging, and | ||
storage areas; support structures; aboveground facilities; guy | ||
wires and anchors; underground cabling depth; topsoil | ||
replacement; protection and repair of agricultural drainage | ||
tiles; rock removal; repair of compaction and rutting; land | ||
leveling; prevention of soil erosion; repair of damaged soil | ||
conservation practices; compensation for damages to private | ||
property; clearing of trees and brush; interference with | ||
irrigation systems; access roads; weed control; pumping of | ||
water from open excavations; advance notice of access to | ||
private property; indemnification of landowners; and | ||
deconstruction plans and financial assurance for | ||
deconstruction (including upon abandonment).
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(c) For commercial wind energy facility owners seeking a | ||
permit from a county or municipality for the construction of a | ||
commercial wind energy facility, the agricultural impact | ||
mitigation agreement shall be entered into prior to the public | ||
hearing required prior to a siting decision of a county or | ||
municipality regarding the commercial wind energy facility. | ||
The agricultural impact mitigation agreement is binding on any | ||
subsequent commercial wind energy facility owner that takes | ||
ownership of the commercial wind energy facility that is the | ||
subject of the agreement.
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(d) If a commercial wind energy facility owner seeks an | ||
extension of a permit granted by a county or municipality for | ||
the construction of a commercial wind energy facility prior to | ||
the effective date of this Act, the agricultural impact | ||
mitigation agreement shall be entered into prior to a decision | ||
by the county or municipality to grant the permit extension.
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(e) The Department shall adopt rules that are necessary and | ||
appropriate for the implementation and administration of | ||
agricultural impact mitigation agreements as required under | ||
this Act.
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Section 90. The Counties Code is amended by changing | ||
Section 5-12020 as follows: | ||
(55 ILCS 5/5-12020) | ||
Sec. 5-12020. Wind farms. A county may establish standards | ||
for wind farms and electric-generating wind devices. The | ||
standards may include, without limitation, the height of the | ||
devices and the number of devices that may be located within a | ||
geographic area. A county may also regulate the siting of wind | ||
farms and electric-generating wind devices in unincorporated | ||
areas of the county outside of the zoning jurisdiction of a | ||
municipality and the 1.5 mile radius surrounding the zoning | ||
jurisdiction of a municipality. There shall be at least one | ||
public hearing not more than 30 days prior to a siting decision | ||
by the county board. Notice of the hearing shall be published | ||
in a newspaper of general circulation in the county. A | ||
commercial wind energy facility owner, as defined in the Wind | ||
Energy Facilities Agricultural Impact Mitigation Act, must | ||
enter into an agricultural impact mitigation agreement with the | ||
Department of Agriculture prior to the date of the required | ||
public hearing. A commercial wind energy facility owner seeking | ||
an extension of a permit granted by a county prior to the | ||
effective date of this amendatory Act of the 99th General | ||
Assembly must enter into an agricultural impact mitigation | ||
agreement with the Department of Agriculture prior to a | ||
decision by the county to grant the permit extension. Counties | ||
may allow test wind towers to be sited without formal approval | ||
by the county board. Any provision of a county zoning ordinance | ||
pertaining to wind farms that is in effect before the effective | ||
date of this amendatory Act of the 95th General Assembly may | ||
continue in effect notwithstanding any requirements of this | ||
Section. | ||
A county may not require a wind tower or other renewable | ||
energy system that is used exclusively by an end user to be | ||
setback more than 1.1 times the height of the renewable energy | ||
system from the end user's property line.
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(Source: P.A. 95-203, eff. 8-16-07; 96-306, eff. 1-1-10; | ||
96-566, eff. 8-18-09; 96-1000, eff. 7-2-10.) | ||
Section 95. The Illinois Municipal Code is amended by | ||
changing Section 11-13-26 as follows: | ||
(65 ILCS 5/11-13-26) | ||
Sec. 11-13-26. Wind farms. | ||
(a) A municipality may regulate wind farms and | ||
electric-generating wind devices within its zoning | ||
jurisdiction and within the 1.5 mile radius surrounding its | ||
zoning jurisdiction. There shall be at least one public hearing | ||
not more than 30 days prior to a siting decision by the | ||
corporate authorities of a municipality. Notice of the hearing | ||
shall be published in a newspaper of general circulation in the | ||
municipality. A commercial wind energy facility owner, as | ||
defined in the Wind Energy Facilities Agricultural Impact | ||
Mitigation Act, must enter into an agricultural impact | ||
mitigation agreement with the Department of Agriculture prior | ||
to the date of the required public hearing. A commercial wind | ||
energy facility owner seeking an extension of a permit granted | ||
by a municipality prior to the effective date of this | ||
amendatory Act of the 99th General Assembly must enter into an | ||
agricultural impact mitigation agreement with the Department | ||
of Agriculture prior to a decision by the municipality to grant | ||
the permit extension. A municipality may allow test wind towers | ||
to be sited without formal approval by the corporate | ||
authorities of the municipality. Test wind towers must be | ||
dismantled within 3 years of installation. For the purposes of | ||
this Section, "test wind towers" are wind towers that are | ||
designed solely to collect wind generation data.
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(b) A municipality may not require a wind tower or other | ||
renewable energy system that is used exclusively by an end user | ||
to be setback more than 1.1 times the height of the renewable | ||
energy system from the end user's property line. A setback | ||
requirement imposed by a municipality on a renewable energy | ||
system may not be more restrictive than as provided under this | ||
subsection. This subsection is a limitation of home rule powers | ||
and functions 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. | ||
(Source: P.A. 95-203, eff. 8-16-07; 96-306, eff. 1-1-10.)
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Section 99. Effective date. This Act takes effect upon | ||
becoming law.
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