HB4651ham001 100TH GENERAL ASSEMBLY

Rep. Charles Meier

Filed: 4/23/2018

 

 


 

 


 
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1
AMENDMENT TO HOUSE BILL 4651

2    AMENDMENT NO. ______. Amend House Bill 4651 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Counties Code is amended by changing
5Section 5-12020 as follows:
 
6    (55 ILCS 5/5-12020)
7    Sec. 5-12020. Wind farms. Notwithstanding any other
8provision of law, 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

 

 

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1more than 30 days prior to a siting decision by the county
2board. Notice of the hearing shall be published in a newspaper
3of general circulation in the county. A commercial wind energy
4facility owner, as defined in the Renewable Wind Energy
5Facilities Agricultural Impact Mitigation Act, must enter into
6an agricultural impact mitigation agreement with the
7Department of Agriculture prior to the date of the required
8public hearing. A commercial wind energy facility owner seeking
9an extension of a permit granted by a county prior to July 24,
102015 (the effective date of Public Act 99-132) must enter into
11an agricultural impact mitigation agreement with the
12Department of Agriculture prior to a decision by the county to
13grant the permit extension. Counties may allow test wind towers
14to be sited without formal approval by the county board. Any
15provision of a county zoning ordinance pertaining to wind farms
16that is in effect before August 16, 2007 (the effective date of
17Public Act 95-203) may continue in effect notwithstanding any
18requirements of this Section.
19    A county may not require a wind tower or other renewable
20energy system that is used exclusively by an end user to be
21setback more than 1.1 times the height of the renewable energy
22system from the end user's property line.
23(Source: P.A. 99-123, eff. 1-1-16; 99-132, eff. 7-24-15;
2499-642, eff. 7-28-16.)
 
25    Section 10. The Illinois Municipal Code is amended by

 

 

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1changing Section 11-13-26 as follows:
 
2    (65 ILCS 5/11-13-26)
3    Sec. 11-13-26. Wind farms. Notwithstanding any other
4provision of law:
5        (a) A municipality may regulate wind farms and
6    electric-generating wind devices within its zoning
7    jurisdiction and within the 1.5 mile radius surrounding its
8    zoning jurisdiction. There shall be at least one public
9    hearing not more than 30 days prior to a siting decision by
10    the corporate authorities of a municipality. Notice of the
11    hearing shall be published in a newspaper of general
12    circulation in the municipality. A commercial wind energy
13    facility owner, as defined in the Renewable Wind Energy
14    Facilities Agricultural Impact Mitigation Act, must enter
15    into an agricultural impact mitigation agreement with the
16    Department of Agriculture prior to the date of the required
17    public hearing. A commercial wind energy facility owner
18    seeking an extension of a permit granted by a municipality
19    prior to July 24, 2015 (the effective date of Public Act
20    99-132) must enter into an agricultural impact mitigation
21    agreement with the Department of Agriculture prior to a
22    decision by the municipality to grant the permit extension.
23    A municipality may allow test wind towers to be sited
24    without formal approval by the corporate authorities of the
25    municipality. Test wind towers must be dismantled within 3

 

 

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1    years of installation. For the purposes of this Section,
2    "test wind towers" are wind towers that are designed solely
3    to collect wind generation data.
4        (b) A municipality may not require a wind tower or
5    other renewable energy system that is used exclusively by
6    an end user to be setback more than 1.1 times the height of
7    the renewable energy system from the end user's property
8    line. A setback requirement imposed by a municipality on a
9    renewable energy system may not be more restrictive than as
10    provided under this subsection. This subsection is a
11    limitation of home rule powers and functions under
12    subsection (i) of Section 6 of Article VII of the Illinois
13    Constitution on the concurrent exercise by home rule units
14    of powers and functions exercised by the State.
15(Source: P.A. 99-123, eff. 1-1-16; 99-132, eff. 7-24-15;
1699-642, eff. 7-28-16.)
 
17    Section 15. The Wind Energy Facilities Agricultural Impact
18Mitigation Act is amended by changing Sections 1, 5, 10, and 15
19as follows:
 
20    (505 ILCS 147/1)
21    Sec. 1. Short title. This Act may be cited as the Renewable
22Wind Energy Facilities Agricultural Impact Mitigation Act.
23(Source: P.A. 99-132, eff. 7-24-15.)
 

 

 

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1    (505 ILCS 147/5)
2    Sec. 5. Purpose. The primary purpose of this Act is to
3promote the State's welfare by protecting landowners during the
4construction and deconstruction of commercial renewable wind
5energy facilities.
6(Source: P.A. 99-132, eff. 7-24-15.)
 
7    (505 ILCS 147/10)
8    Sec. 10. Definitions. As used in this Act:
9    "Abandonment of a commercial wind energy facility" means
10when deconstruction has not been completed within 18 months
11after the commercial wind energy facility reaches the end of
12its useful life. For purposes of this definition, a commercial
13wind energy facility will be presumed to have reached the end
14of its useful life if (1) no electricity is generated for a
15continuous period of 12 months and (2) the commercial wind
16energy facility owner fails, for a period of 6 consecutive
17months, to pay the landowner amounts owed in accordance with
18the underlying agreement.
19    "Abandonment of a commercial solar energy facility" means
20when deconstruction has not been completed within 6 months
21after the commercial solar energy facility reaches the end of
22its useful life. For purposes of this definition, a commercial
23solar energy facility shall be presumed to have reached the end
24of its useful life if the commercial solar energy facility
25owner fails, for a period of 6 consecutive months, to pay the

 

 

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1landowner amounts owed in accordance with the underlying
2agreement.
3    "Agricultural impact mitigation agreement" means an
4agreement between the commercial wind energy facility owner or
5the commercial solar energy facility owner and the Department
6of Agriculture described in Section 15 of this Act.
7    "Commercial renewable energy facility " means a commercial
8wind energy facility or commercial solar energy facility as
9defined in this Act.
10    "Commercial solar energy facility" means a solar energy
11conversion facility of equal or greater than 500 kilowatts in
12total nameplate generating capacity. "Commercial solar energy
13facility" includes a solar energy conversion facility seeking
14an extension of a permit to construct granted by a county or
15municipality before the effective date of this amendatory Act
16of the 100th General Assembly. "Commercial solar energy
17facility" does not include a solar energy conversion facility:
18(1) for which a permit to construct has been issued before the
19effective date of this amendatory Act of the 100th General
20Assembly; or (2) that was constructed before the effective date
21of this amendatory Act of the 100th General Assembly.
22    "Commercial solar energy facility owner" means a private
23commercial enterprise that owns or operates a commercial solar
24energy facility. A commercial solar energy facility owner is
25not nor shall it be deemed to be a public utility as defined in
26the Public Utilities Act.

 

 

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1    "Commercial wind energy facility" means a wind energy
2conversion facility of equal or greater than 500 kilowatts in
3total nameplate generating capacity. "Commercial wind energy
4facility" includes a wind energy conversion facility seeking an
5extension of a permit to construct granted by a county or
6municipality before the effective date of this Act. "Commercial
7wind energy facility" does not include a wind energy conversion
8facility: (1) that has submitted a complete permit application
9to a county or municipality and for which the hearing on the
10completed application has commenced on the date provided in the
11public hearing notice, which must be before the effective date
12of this Act; (2) for which a permit to construct has been
13issued before the effective date of this Act; or (3) that was
14constructed before the effective date of this Act.
15    "Commercial wind energy facility owner" means a private
16commercial enterprise that owns or operates a commercial wind
17energy facility. A commercial wind energy facility owner is not
18nor shall it be deemed to be a public utility as defined in the
19Public Utilities Act.
20    "Construction" means the installation, preparation for
21installation, or repair of a commercial renewable wind energy
22facility.
23    "County" means the county where the commercial renewable
24wind energy facility is located.
25    "Deconstruction" means the removal of a commercial
26renewable wind energy facility from the property of a landowner

 

 

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1and the restoration of that property as provided in the
2agricultural impact mitigation agreement.
3    "Department" means the Department of Agriculture.
4    "Landowner" means any person (1) with an ownership interest
5in property that is used for agricultural purposes and (2) that
6is a party to an underlying agreement.
7    "Underlying agreement" means the written agreement with a
8landowner, including, but not limited to, an easement, option,
9lease, or license, under the terms of which another person has
10constructed, constructs, or intends to construct a commercial
11wind energy facility or commercial solar energy facility on the
12property of the landowner.
13(Source: P.A. 99-132, eff. 7-24-15.)
 
14    (505 ILCS 147/15)
15    Sec. 15. Agricultural impact mitigation agreement.
16    (a) A commercial renewable wind energy facility owner of a
17commercial wind energy facility or a commercial solar energy
18facility that is located on landowner property shall enter into
19an agricultural impact mitigation agreement with the
20Department outlining construction and deconstruction standards
21and policies designed to preserve the integrity of any
22agricultural land that is impacted by commercial renewable wind
23energy facility construction and deconstruction.
24    (b) The agricultural impact mitigation agreement for a
25commercial wind energy facility shall include, but is not

 

 

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1limited to, such items as restoration of agricultural land
2affected by construction, deconstruction (including upon
3abandonment of a commercial wind energy facility),
4construction staging, and storage areas; support structures;
5aboveground facilities; guy wires and anchors; underground
6cabling depth; topsoil replacement; protection and repair of
7agricultural drainage tiles; rock removal; repair of
8compaction and rutting; land leveling; prevention of soil
9erosion; repair of damaged soil conservation practices;
10compensation for damages to private property; clearing of trees
11and brush; interference with irrigation systems; access roads;
12weed control; pumping of water from open excavations; advance
13notice of access to private property; indemnification of
14landowners; and deconstruction plans and financial assurance
15for deconstruction (including upon abandonment of a commercial
16wind energy facility).
17    (b-5) The agricultural impact mitigation agreement for a
18commercial solar energy facility shall include, but is not
19limited to, such items as restoration of agricultural land
20affected by construction, deconstruction (including upon
21abandonment of a commercial solar energy facility); support
22structures; aboveground facilities; guy wires and anchors;
23underground cabling depth; topsoil removal and replacement;
24rerouting and permanent repair of agricultural drainage tiles;
25rock removal; repair of compaction and rutting; construction
26during wet weather; land leveling; prevention of soil erosion;

 

 

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1repair of damaged soil conservation practices; compensation
2for damages to private property; clearing of trees and brush;
3interference with irrigation systems; access roads; weed
4control; advance notice of access to private property;
5indemnification of landowners; and deconstruction plans and
6financial assurance for deconstruction (including upon
7abandonment of a commercial wind energy facility). The
8construction and deconstruction of any commercial solar energy
9facility shall be in conformance with the agricultural impact
10mitigation agreement. The commercial solar energy facility
11owner shall enter into one agricultural impact mitigation
12agreement for each county in which the commercial solar energy
13facility owner will construct a commercial solar energy
14facility that shall apply to any and all commercial solar
15energy facilities constructed and operated in that county by
16the owner.
17    (c) For commercial wind energy facility owners seeking a
18permit from a county or municipality for the construction of a
19commercial wind energy facility, the agricultural impact
20mitigation agreement shall be entered into prior to the public
21hearing required prior to a siting decision of a county or
22municipality regarding the commercial wind energy facility.
23The agricultural impact mitigation agreement is binding on any
24subsequent commercial wind energy facility owner that takes
25ownership of the commercial wind energy facility that is the
26subject of the agreement.

 

 

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1    (c-5) For commercial solar energy facility owners, the
2agricultural impact mitigation agreement shall be entered into
3prior to the commercial solar energy facility owner executing
4an underlying agreement with any landowner for the development
5of a commercial solar energy facility. The commercial solar
6energy facility owner shall provide to the landowner an
7executed copy of the agricultural impact mitigation agreement
8prior to executing the underlying agreement. If a solar energy
9facility owner has executed an underlying agreement with a
10landowner prior to the effective date of this amendatory Act of
11the 100th General Assembly but has not been issued a permit to
12construct by a county prior the effective date of this
13amendatory Act of the 100th General Assembly, the parties shall
14enter into the agricultural impact mitigation agreement within
1590 days after the effective date of this amendatory Act of the
16100th General Assembly. The agricultural impact mitigation
17agreement is binding on any subsequent commercial solar energy
18facility owner that takes ownership of the commercial solar
19energy facility that is the subject of the agreement.
20    (d) If a commercial renewable wind energy facility owner
21seeks an extension of a permit granted by a county or
22municipality for the construction of a commercial wind energy
23facility prior to the effective date of this Act, the
24agricultural impact mitigation agreement shall be entered into
25prior to a decision by the county or municipality to grant the
26permit extension.

 

 

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1    (e) The Department shall adopt rules that are necessary and
2appropriate for the implementation and administration of
3agricultural impact mitigation agreements as required under
4this Act.
5    (f) The Department shall make available on its website a
6standard agricultural impact mitigation agreement applicable
7to all commercial solar energy facilities within 60 days after
8the effective date of this amendatory Act of the 100th General
9Assembly.
10    (g) Nothing in this Act shall be construed to apply to or
11otherwise impair an underlying agreement for a commercial solar
12energy facility entered into prior to the effective date of
13this amendatory Act of the 100th General Assembly.
14(Source: P.A. 99-132, eff. 7-24-15.)
 
15    Section 99. Effective date. This Act takes effect upon
16becoming law.".