HB3523 EnrolledLRB099 09392 MLM 29599 b

1    AN ACT concerning regulation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 1. Short title. This Act may be cited as the Wind
5Energy Facilities Agricultural Impact Mitigation Act.
 
6    Section 5. Purpose. The primary purpose of this Act is to
7promote the State's welfare by protecting landowners during the
8construction and deconstruction of commercial wind energy
9facilities.
 
10    Section 10. Definitions. As used in this Act:
11    "Abandonment" means when deconstruction has not been
12completed within 18 months after the commercial wind energy
13facility reaches the end of its useful life. For purposes of
14this definition, a commercial wind energy facility will be
15presumed to have reached the end of its useful life if (1) no
16electricity is generated for a continuous period of 12 months
17and (2) the commercial wind energy facility owner fails, for a
18period of 6 consecutive months, to pay the landowner amounts
19owed in accordance with the underlying agreement.
20    "Agricultural impact mitigation agreement" means an
21agreement between the commercial wind energy facility owner and
22the Department of Agriculture described in Section 15 of this

 

 

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1Act.
2    "Commercial wind energy facility" means a wind energy
3conversion facility of equal or greater than 500 kilowatts in
4total nameplate generating capacity. "Commercial wind energy
5facility" includes a wind energy conversion facility seeking an
6extension of a permit to construct granted by a county or
7municipality before the effective date of this Act. "Commercial
8wind energy facility" does not include a wind energy conversion
9facility: (1) that has submitted a complete permit application
10to a county or municipality and for which the hearing on the
11completed application has commenced on the date provided in the
12public hearing notice, which must be before the effective date
13of this Act; (2) for which a permit to construct has been
14issued before the effective date of this Act; or (3) that was
15constructed before the effective date of this Act.
16    "Commercial wind energy facility owner" means a private
17commercial enterprise that owns or operates a commercial wind
18energy facility.
19    "Construction" means the installation, preparation for
20installation, or repair of a commercial wind energy facility.
21    "County" means the county where the commercial wind energy
22facility is located.
23    "Deconstruction" means the removal of a commercial wind
24energy facility from the property of a landowner and the
25restoration of that property as provided in the agricultural
26impact mitigation agreement.

 

 

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1    "Department" means the Department of Agriculture.
2    "Landowner" means any person (1) with an ownership interest
3in property that is used for agricultural purposes and (2) that
4is a party to an underlying agreement.
5    "Underlying agreement" means the written agreement with a
6landowner, including, but not limited to, an easement, option,
7lease, or license, under the terms of which another person has
8constructed, constructs, or intends to construct a commercial
9wind energy facility on the property of the landowner.
 
10    Section 15. Agricultural impact mitigation agreement.
11    (a) A commercial wind energy facility owner of a commercial
12wind energy facility located on landowner property shall enter
13into an agricultural impact mitigation agreement with the
14Department outlining construction and deconstruction standards
15and policies designed to preserve the integrity of any
16agricultural land that is impacted by commercial wind energy
17facility construction and deconstruction.
18    (b) The agricultural impact mitigation agreement shall
19include, but is not limited to, such items as restoration of
20agricultural land affected by construction, deconstruction
21(including upon abandonment), construction staging, and
22storage areas; support structures; aboveground facilities; guy
23wires and anchors; underground cabling depth; topsoil
24replacement; protection and repair of agricultural drainage
25tiles; rock removal; repair of compaction and rutting; land

 

 

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1leveling; prevention of soil erosion; repair of damaged soil
2conservation practices; compensation for damages to private
3property; clearing of trees and brush; interference with
4irrigation systems; access roads; weed control; pumping of
5water from open excavations; advance notice of access to
6private property; indemnification of landowners; and
7deconstruction plans and financial assurance for
8deconstruction (including upon abandonment).
9    (c) For commercial wind energy facility owners seeking a
10permit from a county or municipality for the construction of a
11commercial wind energy facility, the agricultural impact
12mitigation agreement shall be entered into prior to the public
13hearing required prior to a siting decision of a county or
14municipality regarding the commercial wind energy facility.
15The agricultural impact mitigation agreement is binding on any
16subsequent commercial wind energy facility owner that takes
17ownership of the commercial wind energy facility that is the
18subject of the agreement.
19    (d) If a commercial wind energy facility owner seeks an
20extension of a permit granted by a county or municipality for
21the construction of a commercial wind energy facility prior to
22the effective date of this Act, the agricultural impact
23mitigation agreement shall be entered into prior to a decision
24by the county or municipality to grant the permit extension.
25    (e) The Department shall adopt rules that are necessary and
26appropriate for the implementation and administration of

 

 

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1agricultural impact mitigation agreements as required under
2this Act.
 
3    Section 90. The Counties Code is amended by changing
4Section 5-12020 as follows:
 
5    (55 ILCS 5/5-12020)
6    Sec. 5-12020. Wind farms. A county may establish standards
7for wind farms and electric-generating wind devices. The
8standards may include, without limitation, the height of the
9devices and the number of devices that may be located within a
10geographic area. A county may also regulate the siting of wind
11farms and electric-generating wind devices in unincorporated
12areas of the county outside of the zoning jurisdiction of a
13municipality and the 1.5 mile radius surrounding the zoning
14jurisdiction of a municipality. There shall be at least one
15public hearing not more than 30 days prior to a siting decision
16by the county board. Notice of the hearing shall be published
17in a newspaper of general circulation in the county. A
18commercial wind energy facility owner, as defined in the Wind
19Energy Facilities Agricultural Impact Mitigation Act, must
20enter into an agricultural impact mitigation agreement with the
21Department of Agriculture prior to the date of the required
22public hearing. A commercial wind energy facility owner seeking
23an extension of a permit granted by a county prior to the
24effective date of this amendatory Act of the 99th General

 

 

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1Assembly must enter into an agricultural impact mitigation
2agreement with the Department of Agriculture prior to a
3decision by the county to grant the permit extension. Counties
4may allow test wind towers to be sited without formal approval
5by the county board. Any provision of a county zoning ordinance
6pertaining to wind farms that is in effect before the effective
7date of this amendatory Act of the 95th General Assembly may
8continue in effect notwithstanding any requirements of this
9Section.
10    A county may not require a wind tower or other renewable
11energy system that is used exclusively by an end user to be
12setback more than 1.1 times the height of the renewable energy
13system from the end user's property line.
14(Source: P.A. 95-203, eff. 8-16-07; 96-306, eff. 1-1-10;
1596-566, eff. 8-18-09; 96-1000, eff. 7-2-10.)
 
16    Section 95. The Illinois Municipal Code is amended by
17changing Section 11-13-26 as follows:
 
18    (65 ILCS 5/11-13-26)
19    Sec. 11-13-26. Wind farms.
20    (a) A municipality may regulate wind farms and
21electric-generating wind devices within its zoning
22jurisdiction and within the 1.5 mile radius surrounding its
23zoning jurisdiction. There shall be at least one public hearing
24not more than 30 days prior to a siting decision by the

 

 

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1corporate authorities of a municipality. Notice of the hearing
2shall be published in a newspaper of general circulation in the
3municipality. A commercial wind energy facility owner, as
4defined in the Wind Energy Facilities Agricultural Impact
5Mitigation Act, must enter into an agricultural impact
6mitigation agreement with the Department of Agriculture prior
7to the date of the required public hearing. A commercial wind
8energy facility owner seeking an extension of a permit granted
9by a municipality prior to the effective date of this
10amendatory Act of the 99th General Assembly must enter into an
11agricultural impact mitigation agreement with the Department
12of Agriculture prior to a decision by the municipality to grant
13the permit extension. A municipality may allow test wind towers
14to be sited without formal approval by the corporate
15authorities of the municipality. Test wind towers must be
16dismantled within 3 years of installation. For the purposes of
17this Section, "test wind towers" are wind towers that are
18designed solely to collect wind generation data.
19    (b) A municipality may not require a wind tower or other
20renewable energy system that is used exclusively by an end user
21to be setback more than 1.1 times the height of the renewable
22energy system from the end user's property line. A setback
23requirement imposed by a municipality on a renewable energy
24system may not be more restrictive than as provided under this
25subsection. This subsection is a limitation of home rule powers
26and functions under subsection (i) of Section 6 of Article VII

 

 

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1of the Illinois Constitution on the concurrent exercise by home
2rule units of powers and functions exercised by the State.
3(Source: P.A. 95-203, eff. 8-16-07; 96-306, eff. 1-1-10.)
 
4    Section 99. Effective date. This Act takes effect upon
5becoming law.