Sen. Mike Jacobs
Filed: 5/10/2007
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1 | AMENDMENT TO SENATE BILL 1400
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2 | AMENDMENT NO. ______. Amend Senate Bill 1400, AS AMENDED, | ||||||
3 | as follows: | ||||||
4 | immediately before the enacting clause, by inserting the | ||||||
5 | following: | ||||||
6 | "WHEREAS, A wind energy Act that provides for a restoration | ||||||
7 | indemnity fund, and mechanic's lien clarification will provide | ||||||
8 | a favorable environmental and economic climate for development | ||||||
9 | of wind energy; and | ||||||
10 | WHEREAS, It is desirable to develop both renewable and | ||||||
11 | alternative energy resources to obtain environmental quality | ||||||
12 | and public health benefit; and | ||||||
13 | WHEREAS, The benefits of electricity from renewable and | ||||||
14 | alternative energy resources accrue to the public at large, | ||||||
15 | thus consumers and electric utilities and alternative retail | ||||||
16 | electric suppliers share an interest in developing and using a | ||||||
17 | significant level of these environmentally preferable |
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1 | resources in the State's electricity supply portfolio and | ||||||
2 | stability of taxes for extended periods of time; and | ||||||
3 | WHEREAS, Encouraging energy efficiency will improve the | ||||||
4 | environmental quality and public health in the State of | ||||||
5 | Illinois; and | ||||||
6 | WHEREAS, Wind energy is one alternative energy source that | ||||||
7 | can be used to provide electricity to utility consumers; and | ||||||
8 | WHEREAS, Some regions in the State are ideal locations for | ||||||
9 | wind energy system development; and | ||||||
10 | WHEREAS, As the facilities are typically constructed on | ||||||
11 | property owned by others, it is desirable to create an | ||||||
12 | indemnity fund to pay for deconstruction in the event that the | ||||||
13 | wind energy company fails to do so in a timely manner; and | ||||||
14 | WHEREAS, It is appropriate to protect the owners of the | ||||||
15 | underlying lands from mechanics liens imposed on those lands in | ||||||
16 | the event must the entities constructing the wind energy | ||||||
17 | facilities fail to pay suppliers of labor and materials; | ||||||
18 | therefore, be it"; and
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19 | by replacing everything after the enacting clause with the | ||||||
20 | following:
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21 | "Section 1. Short title. This Act may be cited as the Wind | ||||||
22 | Energy Indemnity Fund Act. | ||||||
23 | Section 5. Definitions. As used in this Act: |
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1 | "Abandonment" means (a) in the case of a landowner: (i) failure | ||||||
2 | by the wind energy company to operate a wind turbine or wind | ||||||
3 | turbines for the purpose for which they were designed and | ||||||
4 | installed, for a period of 12 consecutive months, and (ii) | ||||||
5 | failure to pay the landowner moneys owed to him or her in | ||||||
6 | accordance with the underlying agreement, for a period of 6 | ||||||
7 | consecutive months; (b) in the case of a county board: (i) | ||||||
8 | failure by the wind energy company to operate a wind turbine or | ||||||
9 | wind turbines for the purposes for which they were designed and | ||||||
10 | installed, for a period of 12 consecutive months, and (ii) | ||||||
11 | failure to adhere to any or all of the restrictions and | ||||||
12 | conditions that were part of the approval process of the | ||||||
13 | appropriate county authority for the granting of the special | ||||||
14 | use permit, conditional use permit, zoning change, or zoning or | ||||||
15 | permitting ordinance of any kind given in order to allow the | ||||||
16 | installation and operation of the wind turbine or wind | ||||||
17 | turbines. | ||||||
18 | "Board" means the governing body of the Wind Energy | ||||||
19 | Indemnity Fund Corporation. | ||||||
20 | "Claimant" means either a landowner or a county board | ||||||
21 | seeking to have a deconstruction paid for from the Fund and | ||||||
22 | carried out by the Department. | ||||||
23 | "Corporation" means the Wind Energy Indemnity Fund | ||||||
24 | Corporation, as established in this Act. | ||||||
25 | "County board" has the meaning set forth in Section 1.07 of | ||||||
26 | the Statute on Statutes. |
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1 | "Deconstruction" means removal of all property comprising | ||||||
2 | a wind energy generation facility from the property of a | ||||||
3 | landowner and restoration of the property to the condition in | ||||||
4 | which it existed immediately prior to the construction of the | ||||||
5 | facility, including, but not limited to, soil type and | ||||||
6 | topography; provided, however, that foundations, pads, | ||||||
7 | electrical lines, and any other underground facilities must be | ||||||
8 | removed to a depth of 4 feet below the surface of the ground. | ||||||
9 | "Department" means the Department of Commerce and Economic | ||||||
10 | Opportunity. | ||||||
11 | "Director", unless otherwise provided, means the Director | ||||||
12 | of Commerce and Economic Opportunity, or the Director's | ||||||
13 | designee. | ||||||
14 | "Fund" means the Wind Energy Indemnity Fund. | ||||||
15 | "Landowner" means any person with an ownership interest in | ||||||
16 | property subject to an underlying agreement. | ||||||
17 | "Person" means any individual or entity, including, but not | ||||||
18 | limited to, a sole proprietorship, a partnership, a | ||||||
19 | corporation, a cooperative, an association, a limited | ||||||
20 | liability company, an estate, a trust, or a governmental | ||||||
21 | agency. | ||||||
22 | "Underlying agreement" means a written arrangement with a | ||||||
23 | landowner, including, but not limited to, an easement, under | ||||||
24 | the terms of which a person constructs or intends to construct | ||||||
25 | a wind energy generation facility on the property of the | ||||||
26 | landowner. |
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1 | "Wind energy generation facility" means all property of any | ||||||
2 | nature whatsoever comprising an operation designed to harness | ||||||
3 | wind energy and create electricity therefrom, including, but | ||||||
4 | not limited to, turbines, towers, roadways, concrete | ||||||
5 | foundations, transmission lines, and poles, all situated on, | ||||||
6 | under, or over the property of a landowner. | ||||||
7 | "Wind energy indemnity trust account" means a trust account | ||||||
8 | established by the Director that is used for the receipt and | ||||||
9 | disbursement of moneys paid from the Fund. | ||||||
10 | "Wind turbine" means each tower, blade, and propeller | ||||||
11 | housing designed for wind energy generation. | ||||||
12 | Section 10. Powers and duties of the Director. The Director | ||||||
13 | has all powers necessary and proper to fully and effectively | ||||||
14 | execute the provisions of this Act and has the general duty to | ||||||
15 | implement this Act. The Director's powers and duties include, | ||||||
16 | but are not limited to, the following: | ||||||
17 | 1. The Director shall personally serve as president of | ||||||
18 | the Corporation. | ||||||
19 | 2. The Director may take any action that may be | ||||||
20 | reasonable or appropriate to enforce this Act and its | ||||||
21 | rules. | ||||||
22 | Section 15. Administrative procedure. The Illinois | ||||||
23 | Administrative Procedure Act applies to this Act. |
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1 | Section 20. Administrative review and venue. Final | ||||||
2 | administrative decisions of the Department are subject to | ||||||
3 | judicial review under Article III of the Code of Civil | ||||||
4 | Procedure and its rules. The term "administrative decision" is | ||||||
5 | defined as in Section 3-101 of the Code of Civil Procedure. An | ||||||
6 | action to review a final administrative decision under this Act | ||||||
7 | may be commenced in the circuit court of any county in which | ||||||
8 | any part of the transaction occurred that gave rise to the | ||||||
9 | claim that was the subject of the proceedings before the | ||||||
10 | Department. | ||||||
11 | Section 25. Rules. The Department may promulgate rules that | ||||||
12 | are necessary for the implementation and administration of this | ||||||
13 | Act. | ||||||
14 | Section 30. Fund assessments. There is an assessment of | ||||||
15 | $10,000 for each wind turbine constructed or under construction | ||||||
16 | as of the effective date of this Act and for each turbine | ||||||
17 | constructed thereafter, under the provisions of an underlying | ||||||
18 | agreement. The assessment is an obligation of the owner of each | ||||||
19 | wind turbine and is payable in equal annual installments of | ||||||
20 | $1,000 over a period of 10 years; provided, however, that the | ||||||
21 | subsequent annual installments must be adjusted based on | ||||||
22 | inflation, as reflected in the Consumer Price Index, on an | ||||||
23 | annual basis. The initial payment is payable within 90 days | ||||||
24 | after the effective date of this Act for wind turbines already |
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1 | constructed or under construction, and, in all other cases, | ||||||
2 | prior to the commencement of construction. | ||||||
3 | All installments under this Section must be sent to the | ||||||
4 | Department and made payable to the Corporation. | ||||||
5 | It is the responsibility of all parties to an underlying | ||||||
6 | agreement to report the existence and specific provisions of | ||||||
7 | the underlying agreement to the Department. | ||||||
8 | The Department shall mail all assessment notices to owners | ||||||
9 | of wind energy generation facilities at least 30 days before | ||||||
10 | the assessment installment is due. | ||||||
11 | All wind turbines already constructed, under construction, | ||||||
12 | or issued a building permit before the effective date of this | ||||||
13 | Act are to provide proof to the county of payment to the Fund | ||||||
14 | within 95 days of the effective date of this Act. If such proof | ||||||
15 | of payment is not provided, then the county must order the wind | ||||||
16 | energy company to stop all operation and construction | ||||||
17 | activities until the county receives proof of payment to the | ||||||
18 | Fund. For all other wind turbines, no county may issue a | ||||||
19 | building permit without being provided proof that the above | ||||||
20 | assessment has been paid to the Fund. | ||||||
21 | Section 35. Abandonment. Upon an administrative finding in | ||||||
22 | a hearing held by the Department that a deconstruction has been | ||||||
23 | validly determined and ordered by either a court of competent | ||||||
24 | jurisdiction or an arbitrator in binding arbitration, and | ||||||
25 | deconstruction, after a period of at least 8 months, has not |
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1 | been completed satisfactorily, the Director has all the powers | ||||||
2 | for the benefit of claimants as established under this Act, | ||||||
3 | including, but not limited to, the power to do the following: | ||||||
4 | 1. request the transfer of moneys from the Fund to the | ||||||
5 | Trust Account for the purpose of paying the cost of | ||||||
6 | deconstruction in accordance with this Act; | ||||||
7 | 2. disburse the funds in the Trust Account for the | ||||||
8 | deconstruction in accordance with this Act; | ||||||
9 | 3. cause the sale of the deconstructed assets; | ||||||
10 | 4. retain from the sale of the deconstructed assets | ||||||
11 | moneys adequate to cover the costs to the Department of the | ||||||
12 | deconstruction, and pay those amounts to the Fund; | ||||||
13 | 5. return all moneys over and above the costs to the | ||||||
14 | Department for the deconstruction to the owner or owners of | ||||||
15 | the deconstructed assets, or to the holders of valid liens | ||||||
16 | on those assets. | ||||||
17 | Section 40. Statutory lien. The Department has a lien prior | ||||||
18 | and paramount to all other liens of any sort on the assets of | ||||||
19 | the wind energy system to the extent of the costs incurred by | ||||||
20 | the Department to accomplish the deconstruction of the | ||||||
21 | abandoned wind energy system, which arises and attach upon | ||||||
22 | construction of said wind energy system; provided, however, | ||||||
23 | that the lien herein granted to the Department is not prior and | ||||||
24 | paramount to the statutory lien in favor of real property | ||||||
25 | taxes. |
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1 | Section 45. Claims. | ||||||
2 | (a) A claimant shall file a complaint, on forms supplied by | ||||||
3 | the Department, that contains at least the following: | ||||||
4 | (1) the name and address of the claimant; | ||||||
5 | (2) the name and address of the owner of the wind | ||||||
6 | energy generation facility in question; | ||||||
7 | (3) the location of the wind energy generation facility | ||||||
8 | in question; | ||||||
9 | (4) a copy of either a court decision, or the finding | ||||||
10 | of an arbitrator in a binding arbitration proceeding, that | ||||||
11 | indicates a finding of abandonment of the wind energy | ||||||
12 | generation facility in question; a determination that the | ||||||
13 | underlying agreement is null, void, and of no further force | ||||||
14 | and effect; and an order for deconstruction of same. The | ||||||
15 | court order or arbitration decision must have been rendered | ||||||
16 | at least 8 months previously, and the time for all appeals | ||||||
17 | and related proceedings must have lapsed. | ||||||
18 | (5) evidence showing that the deconstruction ordered | ||||||
19 | by a court, or by an arbitrator in a proceeding for binding | ||||||
20 | arbitration, has not been carried to a satisfactory | ||||||
21 | conclusion, as defined in this Act; and | ||||||
22 | (6) a request that the funds necessary to perform the | ||||||
23 | deconstruction be paid to the Department from the Fund and | ||||||
24 | that the Department carry out the deconstruction in | ||||||
25 | accordance with the order of the court or the arbitrator |
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1 | and in accordance with the definition of deconstruction as | ||||||
2 | contained in this Act. | ||||||
3 | (b) A hearing shall be held by the Department and a | ||||||
4 | decision rendered as to the validity of the claimant's | ||||||
5 | complaint. In the event of a finding that the complaint is | ||||||
6 | valid, then, within 90 days after the date, the Department | ||||||
7 | shall obtain at least 2 bids from contractors to carry out the | ||||||
8 | specific deconstruction. One bidder must be chosen by the | ||||||
9 | Department within the following 60 days, and the Department, | ||||||
10 | within 60 days thereafter, shall enter into a written agreement | ||||||
11 | with the successful bidder for the deconstruction, which must | ||||||
12 | be accomplished with 6 months thereafter. | ||||||
13 | (c) It is the responsibility of the Department to monitor | ||||||
14 | the progress of the deconstruction and provide the necessary | ||||||
15 | supervisory oversight to ensure that it is accomplished in | ||||||
16 | accordance with the deconstruction agreement and the | ||||||
17 | provisions of this Act. | ||||||
18 | Section 50. Illinois Wind Energy Indemnity Fund | ||||||
19 | Corporation; creation; powers. | ||||||
20 | (a) There is hereby created the Illinois Wind Energy | ||||||
21 | Indemnity Fund Corporation, a political subdivision, body | ||||||
22 | politic, and public corporation. The governing powers of the | ||||||
23 | Corporation are vested in the Board of Directors composed of | ||||||
24 | the Director, who shall personally serve as President; the | ||||||
25 | Attorney General or his or her designee, who shall serve as |
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1 | Secretary; the State Treasurer or his or her designee, who | ||||||
2 | shall serve as Treasurer; and the Chairman of the Illinois | ||||||
3 | Commerce Commission, or his or her designee. Three members of | ||||||
4 | the Board constitute a quorum at any meeting of the Board, and | ||||||
5 | the affirmative vote of 3 members is necessary for any action | ||||||
6 | taken by the Board at a meeting, except that a lesser number | ||||||
7 | may adjourn a meeting from time to time. A vacancy in the | ||||||
8 | membership of the Board does not impair the right of a quorum | ||||||
9 | to exercise all the rights and perform all the duties of the | ||||||
10 | Board and Corporation. | ||||||
11 | (b) The Corporation has the following powers, together with | ||||||
12 | all powers incidental or necessary to the discharge of those | ||||||
13 | powers in corporate form: | ||||||
14 | (1) To have perpetual succession by its corporate name | ||||||
15 | as a corporate body. | ||||||
16 | (2) To adopt, alter, and repeal by-laws, not | ||||||
17 | inconsistent with the provisions of this Act, for the | ||||||
18 | regulation and conduct of its affairs and business. | ||||||
19 | (3) To adopt and make use of a corporate seal and to | ||||||
20 | alter the seal at pleasure. | ||||||
21 | (4) To avail itself of the use of information, | ||||||
22 | services, facilities, and employees of the State of | ||||||
23 | Illinois in carrying out the provisions of this Act. | ||||||
24 | (5) To receive funds assessed by the Department under | ||||||
25 | this Act. | ||||||
26 | (6) To administer the Fund by investing funds of the |
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1 | Corporation that the Board may determine are not presently | ||||||
2 | needed for its corporate purposes. | ||||||
3 | (7) Upon the request of the Director, to make payment | ||||||
4 | from the Fund to the Trust Account when payment is | ||||||
5 | necessary to pay costs of deconstruction in accordance with | ||||||
6 | the provisions of this Act. | ||||||
7 | (8) To authorize, receive, and disburse funds by | ||||||
8 | electronic means. | ||||||
9 | (9) To have those powers that are necessary or | ||||||
10 | appropriate for the exercise of the powers specifically | ||||||
11 | conferred upon the Corporation and all incidental powers | ||||||
12 | that are customary in corporations. | ||||||
13 | (c) All assessments by the Department must be held by the | ||||||
14 | Corporation in the Fund. | ||||||
15 | (d) Subject to applicable law, the assets of the Fund may | ||||||
16 | be invested and reinvested at the discretion of the | ||||||
17 | Corporation, and the income from these investments must be | ||||||
18 | deposited into the Fund and must be available for the same | ||||||
19 | purposes as all other assets of the Fund. | ||||||
20 | (e) The assets of the Fund may not be available for any | ||||||
21 | purposes other than the payment of deconstruction costs under | ||||||
22 | this Act and the payment of refunds of amounts that the Board | ||||||
23 | determines have been inappropriately paid into the Fund, and | ||||||
24 | may not be transferred to any other fund, other than the Trust | ||||||
25 | Account when necessary to pay deconstruction costs under this | ||||||
26 | Act or to pay refunds authorized by the Board. |
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1 | Section 55. No waiver. The provisions of this Act, | ||||||
2 | including the definitions, may not be altered, varied, or | ||||||
3 | revised by agreement. | ||||||
4 | Section 900. The Property Tax Code is amended by adding | ||||||
5 | Division 5 to Article 11 as follows: | ||||||
6 | (35 ILCS 200/Art. 11 Div. 5 heading new) | ||||||
7 | DIVISION 5. WIND ENERGY PRODUCTION | ||||||
8 | (35 ILCS 200/11-185 new) | ||||||
9 | Sec. 11-185. Definitions. For purposes of this Division 5: | ||||||
10 | "Wind energy conversion device" means any device | ||||||
11 | including, but not limited to, a wind charger, windmill, or | ||||||
12 | wind turbine that coverts wind energy to a form of usable | ||||||
13 | energy. | ||||||
14 | "Wind Energy Conversion Parcel" means all property rights | ||||||
15 | obtained by the Wind Energy System owner to the platted parcel | ||||||
16 | including the wind energy conversion devices, associated | ||||||
17 | equipment, easements, contracts, and leases. | ||||||
18 | "Wind energy conversion system" is all wind energy | ||||||
19 | conversion devices owned by a person who has executed a lease, | ||||||
20 | contract, or other written agreement or who has purchased or | ||||||
21 | acquired property so that one or more wind energy conversion | ||||||
22 | devices can be erected, built, or otherwise installed on that |
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1 | property. These devices do not need to be on contiguous parcels | ||||||
2 | of property to be considered a part of a total wind energy | ||||||
3 | conversion system. | ||||||
4 | (35 ILCS 200/11-190 new)
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5 | Sec. 11-190. Applicability. The provisions of this | ||||||
6 | Division 5 do not apply to wind energy conversion systems that | ||||||
7 | are owned by a person strictly for personal use or to any | ||||||
8 | person that is otherwise exempt from taxation under the | ||||||
9 | Property Tax Code. For the purposes of this Section, "personal | ||||||
10 | use" means the use of any wind energy conversion system with a | ||||||
11 | nameplate capacity of less than 2 megawatts. | ||||||
12 | (35 ILCS 200/11-195 new) | ||||||
13 | Sec. 11-195. Platting requirements. Upon the completion of | ||||||
14 | construction, the owner of a wind energy conversion system, at | ||||||
15 | his or her own expense, shall cause the wind turbine facilities | ||||||
16 | to be platted by an Illinois registered land surveyor. The plat | ||||||
17 | must include access routes, together with a metes and bounds | ||||||
18 | description of the area surrounding each wind turbine. The | ||||||
19 | system owner must record the plat and deliver a copy of it to | ||||||
20 | the property owner and to the chief county assessment officer | ||||||
21 | within 60 days after the completion of the construction. Upon | ||||||
22 | receiving a copy of the plat, the chief county assessment | ||||||
23 | officer must issue a separate parcel identification number, or | ||||||
24 | numbers for the wind energy conversion system to apportion the |
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1 | value to each taxing district in which the system is physically | ||||||
2 | located. | ||||||
3 | (35 ILCS 200/11-200 new) | ||||||
4 | Sec. 11-200. Limitation of liability for landowner. No | ||||||
5 | landowner shall be liable for Wind Energy Conversion Parcel | ||||||
6 | taxes except through ownership of the wind energy system. | ||||||
7 | (35 ILCS 200/11-203 new)
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8 | Sec. 11-203. Recourse against Wind Energy Conversion | ||||||
9 | Parcels. If the Wind Energy Conversion Parcel real estate taxes | ||||||
10 | are not paid, the county may proceed against the wind energy | ||||||
11 | conversion parcels with collection as provided Article 20 of | ||||||
12 | this Code. | ||||||
13 | (35 ILCS 200/11-205 new) | ||||||
14 | Sec. 11-205. Wind energy conversion system size and | ||||||
15 | capacity. The Department must determine the total size of the | ||||||
16 | device. Unless the systems are interconnected with different | ||||||
17 | distribution systems, the nameplate capacity of one wind energy | ||||||
18 | conversion device must be combined with the nameplate capacity | ||||||
19 | of any other wind energy conversion device that is under common | ||||||
20 | ownership. In case of a dispute, the Department must draw all | ||||||
21 | reasonable inferences in favor of combining the devices into | ||||||
22 | one system. In making a determination, the Department may | ||||||
23 | decide that 2 wind energy conversion devices or systems are |
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1 | under common ownership when the underlying ownership structure | ||||||
2 | contains similar persons or entities, even if the ownership | ||||||
3 | shares differ. Wind energy conversion devices or systems are | ||||||
4 | not under common ownership solely because the same person or | ||||||
5 | entity provided equity financing for the systems.
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6 | (35 ILCS 200/11-207 new)
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7 | Sec. 11-207. Method of valuation for wind energy conversion | ||||||
8 | systems.
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9 | (a) It is the policy of this State that, beginning on and | ||||||
10 | after January 1, 2007, a wind energy conversion system that is | ||||||
11 | used as an electric power source must be valued on cost | ||||||
12 | allocated on real property supplemented by the sales comparison | ||||||
13 | approach to the extent relevant and sufficient data are | ||||||
14 | available. If, however, a wind energy conversion system ceases | ||||||
15 | to operate for any reason, the minimum assessed value of the | ||||||
16 | system is 10% of the cost of replacing the system with a new | ||||||
17 | wind energy conversion system. | ||||||
18 | (b) The 2007 base certified value per megawatt capacity | ||||||
19 | shall be $300,000. | ||||||
20 | (c) The Department shall develop regulations for | ||||||
21 | depreciation factoring functional obsolescence. | ||||||
22 | (35 ILCS 200/11-210 new) | ||||||
23 | Sec. 11-210. Valuation during 5 year valuation period. In | ||||||
24 | furtherance of the policy of encouraging renewable and |
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1 | alternative energy resources to obtain environmental quality | ||||||
2 | and public health benefit, the valuation shall not exceed the | ||||||
3 | base year valuation for a period of 5 years. | ||||||
4 | (35 ILCS 200/11-215 new) | ||||||
5 | Sec. 11-215. Assessments of wind energy conversion | ||||||
6 | systems. | ||||||
7 | (a) A wind energy conversion system must be assessed at 33 | ||||||
8 | 1/3% of the valuation. The chief county assessment officer | ||||||
9 | shall apportion the value to each wind energy conversion parcel | ||||||
10 | in which the wind energy system is physically located. | ||||||
11 | (b) A wind energy conversion system is not subject to | ||||||
12 | equalization by the Department, the county, or the board of | ||||||
13 | review. | ||||||
14 | Section 905. The Mechanics Lien Act is amended by adding | ||||||
15 | Section 1.01 as follows: | ||||||
16 | (770 ILCS 60/1.01 new) | ||||||
17 | Sec. 1.01. Definitions; platting requirements for wind | ||||||
18 | energy systems; extent of lien on wind energy parcel. | ||||||
19 | (a) Definitions. | ||||||
20 | "Wind energy conversion device" means any device | ||||||
21 | including, but not limited to, a wind charger, windmill, or | ||||||
22 | wind turbine that coverts wind energy to a form of usable | ||||||
23 | energy. |
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1 | "Wind energy conversion parcel" means all property rights | ||||||
2 | obtained by the wind energy system owner to a platted parcel | ||||||
3 | including the wind energy conversion devices, associated | ||||||
4 | equipment, easements, contracts, and leases. | ||||||
5 | (b) Upon the completion of construction, the owner of a | ||||||
6 | wind energy conversion system, at his or her own expense, shall | ||||||
7 | cause the wind turbine facilities to be platted by an Illinois | ||||||
8 | registered land surveyor. The plat must include access routes, | ||||||
9 | together with a metes and bounds description of the area | ||||||
10 | surrounding each wind turbine. The system owner must record the | ||||||
11 | plat and deliver a copy of it to the property owner and to the | ||||||
12 | chief county assessment officer within 60 days after the | ||||||
13 | completion of the construction. Upon receiving a copy of the | ||||||
14 | plat, the chief county assessment officer must issue a separate | ||||||
15 | parcel identification number, or numbers, for the wind energy | ||||||
16 | conversion system to apportion the value to each taxing | ||||||
17 | district in which the system is physically located.
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18 | (c) A lien for work or materials on wind energy conversion | ||||||
19 | parcels is limited to the platted parcel, including all | ||||||
20 | property rights obtained by the wind energy system owner to the | ||||||
21 | platted parcel including the wind energy conversion devices, | ||||||
22 | associated equipment, easements, contracts, and leases.
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23 | Section 999. Effective date. This Act takes effect upon | ||||||
24 | becoming law.".
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