HB0230eng 97TH GENERAL ASSEMBLY

HB0230 Engrossed LRB097 03967 KMW 44006 b

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 changing Section 5-12020 as follows:

(55 ILCS 5/5-12020)

Sec. 5-12020. Wind farms.

(a) For the purposes of this Section, "distributed wind energy generation device" means any electric-generating wind device, including the tower, generator, nacelle, blades, foundations, guy wires, power electronics, or other associated component that is:

(1) interconnected at the distribution system level of either a public utility as defined in Section 3-105 of the Public Utilities Act, an alternative retail electric supplier as defined in Section 16-102 of the Public Utilities Act, a municipal utility as defined in Section 3-105 of the Public Utilities Act, or a rural electric cooperative as defined in Section 3-110 of the Public Utilities Act; and

(2) located on the customer side of the customer electric meter and is generally used to offset that customer's electricity load, but that may also deliver some portion of electricity back to the distribution system.

(b) Except as provided in subsection (c), a 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. Except for distributed wind energy generation devices, there 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. 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 or distributed wind energy generation devices that is in effect before the effective date of this amendatory Act of the 97th 95th General Assembly may continue in effect notwithstanding any requirements of this Section.

(c) A county may not limit the height of a distributed wind energy generation device on a parcel of land zoned for agricultural, industrial, or commercial purposes, or a parcel of land in an area that is generally zoned for agricultural, industrial, or commercial purposes, other than requiring a setback of 1.1 times the height of the device from the neighboring property line. A county may require certification of compliance with FAA requirements. Permits with respect to the erection, maintenance, repair, alteration, remodeling, or extension of buildings or structures used for distributed wind energy generation devices shall be issued at a reasonable cost, but shall not be greater than a total of $100. Counties shall not require any annual or ongoing fees or permits for distributed wind energy generation devices. 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.

This subsection shall not preclude a county's ability to establish standards for, hold public hearings regarding, or otherwise regulate distributed wind energy generation devices.

(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 99. Effective date. This Act takes effect upon becoming law.