HB3523 99TH GENERAL ASSEMBLY

LRB099 09392 MLM 29599 b

99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
HB3523

Introduced , by Rep. Adam Brown

SYNOPSIS AS INTRODUCED:

New Act
55 ILCS 5/5-12020
65 ILCS 5/11-13-26

Creates the Wind Energy Facilities Construction and Deconstruction Act. Requires that commercial wind energy operators of commercial wind energy facilities located on private property enter into an agricultural impact mitigation agreement with the Department of Agriculture 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. Provides that the requirement does not apply to commercial wind energy facilities already constructed or permitted by a decision of a county or municipality prior to the effective date of the Act, but does apply to any commercial wind energy facility seeking an extension or renewal of an initial permit from a county or municipality. Provides that the agricultural impact mitigation agreement shall be entered into prior to any public hearing required prior to a siting decision of a county or municipality regarding the commercial wind energy facility. Provides that the agricultural impact mitigation agreement is binding on any subsequent wind energy operator that takes ownership of the commercial wind energy facility that is the subject of the agreement. Requires that the Department of Agriculture adopt rules that are necessary and appropriate for the implementation and administration of agricultural impact mitigation agreements as required under the Act. Effective immediately. Makes conforming changes to the Counties Code and Municipal Code.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning regulation.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 1. Short title. This Act may be cited as the Wind Energy Facilities Construction and Deconstruction Act.

Section 5. Legislative 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:

"Commercial wind energy facility" means a wind energy conversion facility of equal to or greater than 500 kilowatts in total nameplate generating capacity that has not already been constructed or permitted by a decision of a county or municipality prior to the effective date of this Act.

"Commercial wind energy operator" means a private commercial enterprise that owns or operates a commercial wind energy facility of equal to or greater than 500 kilowatts in total nameplate capacity.

"Deconstruction" means the removal of a wind energy generation facility from the property of a landowner and the restoration of that property as provided in the agricultural impact mitigation agreement.

"Department" means the Department of Agriculture.

"Landowner" means any person with an ownership interest in property (i) that is used for agricultural purposes and (ii) that is party to an underlying agreement.

"Underlying agreement" means the written or oral 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.

(a) A commercial wind energy operator 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. This requirement does not apply to commercial wind energy facilities already constructed or permitted by a decision of a county or municipality prior to the effective date of this Act, but does apply to any commercial wind energy facility seeking an extension or renewal of an initial permit from a county or municipality.

(b) The agricultural impact mitigation agreement shall include, but is not limited to, such items as restoration of agricultural land affected by construction, deconstruction, 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.

(c) The agricultural impact mitigation agreement shall be entered into prior to any 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 wind energy operator that takes ownership of the commercial wind energy facility that is the subject of the agreement.

(d) 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.

Section 20. 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 operator as defined in the Wind Energy Facilities Construction and Deconstruction Act must enter an agricultural impact mitigation agreement with the Department of Agriculture prior to the date of the public hearing. 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.

(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 25. 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 operator as defined in the Wind Energy Facilities Construction and Deconstruction Act must enter an agricultural impact mitigation agreement with the Department of Agriculture prior to the date of the public hearing. 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.

(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.)

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