SB0920 EngrossedLRB099 05509 AWJ 25545 b

1    AN ACT concerning local government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Counties Code is amended by changing Section
55-12020 as follows:
 
6    (55 ILCS 5/5-12020)
7    Sec. 5-12020. Wind farms. Notwithstanding any other
8provision of law, a A county may establish standards for wind
9farms and electric-generating wind devices. The standards may
10include, without limitation, the height of the devices and the
11number of devices that may be located within a geographic area.
12A county may also regulate the siting of wind farms and
13electric-generating wind devices in unincorporated areas of
14the county outside of the zoning jurisdiction of a municipality
15and the 1.5 mile radius surrounding the zoning jurisdiction of
16a municipality. There shall be at least one public hearing not
17more than 30 days prior to a siting decision by the county
18board. Notice of the hearing shall be published in a newspaper
19of general circulation in the county. Counties may allow test
20wind towers to be sited without formal approval by the county
21board. Any provision of a county zoning ordinance pertaining to
22wind farms that is in effect before the effective date of this
23amendatory Act of the 95th General Assembly may continue in

 

 

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1effect notwithstanding any requirements of this Section.
2    A county may not require a wind tower or other renewable
3energy system that is used exclusively by an end user to be
4setback more than 1.1 times the height of the renewable energy
5system from the end user's property line.
6(Source: P.A. 95-203, eff. 8-16-07; 96-306, eff. 1-1-10;
796-566, eff. 8-18-09; 96-1000, eff. 7-2-10.)
 
8    Section 10. The Illinois Municipal Code is amended by
9changing Section 11-13-26 as follows:
 
10    (65 ILCS 5/11-13-26)
11    Sec. 11-13-26. Wind farms. Notwithstanding any other
12provision of law:
13    (a) A municipality may regulate wind farms and
14electric-generating wind devices within its zoning
15jurisdiction and within the 1.5 mile radius surrounding its
16zoning jurisdiction. There shall be at least one public hearing
17not more than 30 days prior to a siting decision by the
18corporate authorities of a municipality. Notice of the hearing
19shall be published in a newspaper of general circulation in the
20municipality. A municipality may allow test wind towers to be
21sited without formal approval by the corporate authorities of
22the municipality. Test wind towers must be dismantled within 3
23years of installation. For the purposes of this Section, "test
24wind towers" are wind towers that are designed solely to

 

 

SB0920 Engrossed- 3 -LRB099 05509 AWJ 25545 b

1collect wind generation data.
2    (b) A municipality may not require a wind tower or other
3renewable energy system that is used exclusively by an end user
4to be setback more than 1.1 times the height of the renewable
5energy system from the end user's property line. A setback
6requirement imposed by a municipality on a renewable energy
7system may not be more restrictive than as provided under this
8subsection. This subsection is a limitation of home rule powers
9and functions under subsection (i) of Section 6 of Article VII
10of the Illinois Constitution on the concurrent exercise by home
11rule units of powers and functions exercised by the State.
12(Source: P.A. 95-203, eff. 8-16-07; 96-306, eff. 1-1-10.)