Full Text of SB1128 103rd General Assembly
SB1128sam001 103RD GENERAL ASSEMBLY | Sen. Sally J. Turner Filed: 3/24/2023
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| 1 | | AMENDMENT TO SENATE BILL 1128
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 1128 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Counties Code is amended by changing | 5 | | Section 5-12020 as follows: | 6 | | (55 ILCS 5/5-12020) | 7 | | Sec. 5-12020. Commercial Wind farms, electric-generating | 8 | | wind devices, and commercial wind energy facilities and | 9 | | commercial solar energy facilities . | 10 | | (a) As used in this Section: | 11 | | "Commercial solar energy facility" means a "commercial | 12 | | solar energy system" as defined in Section 10-720 of the | 13 | | Property Tax Code. "Commercial solar energy facility" does not | 14 | | mean a utility-scale solar energy facility being constructed | 15 | | at a site that was eligible to participate in a procurement | 16 | | event conducted by the Illinois Power Agency pursuant to |
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| 1 | | subsection (c-5) of Section 1-75 of the Illinois Power Agency | 2 | | Act. | 3 | | "Commercial wind energy facility" means a wind energy | 4 | | conversion facility of equal or greater than 500 kilowatts in | 5 | | total nameplate generating capacity. "Commercial wind energy | 6 | | facility" includes a wind energy conversion facility seeking | 7 | | an extension of a permit to construct granted by a county or | 8 | | municipality before the effective date of this amendatory Act | 9 | | of the 102nd General Assembly. | 10 | | "Facility owner" means (i) a person with a direct | 11 | | ownership interest in a commercial wind energy facility or a | 12 | | commercial solar energy facility, or both, regardless of | 13 | | whether the person is involved in acquiring the necessary | 14 | | rights, permits, and approvals or otherwise planning for the | 15 | | construction and operation of the facility, and (ii) at the | 16 | | time the facility is being developed, a person who is acting as | 17 | | a developer of the facility by acquiring the necessary rights, | 18 | | permits, and approvals or by planning for the construction and | 19 | | operation of the facility, regardless of whether the person | 20 | | will own or operate the facility. | 21 | | "Nonparticipating property" means real property that is | 22 | | not a participating property. | 23 | | "Nonparticipating residence" means a residence that is | 24 | | located on nonparticipating property and that is existing and | 25 | | occupied on the date that an application for a permit to | 26 | | develop the commercial wind energy facility or the commercial |
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| 1 | | solar energy facility is filed with the county. | 2 | | "Occupied community building" means any one or more of the | 3 | | following buildings that is existing and occupied on the date | 4 | | that the application for a permit to develop the commercial | 5 | | wind energy facility or the commercial solar energy facility | 6 | | is filed with the county: a school, place of worship, day care | 7 | | facility, public library, or community center. | 8 | | "Participating property" means real property that is the | 9 | | subject of a written agreement between a facility owner and | 10 | | the owner of the real property that provides the facility | 11 | | owner an easement, option, lease, or license to use the real | 12 | | property for the purpose of constructing a commercial wind | 13 | | energy facility, a commercial solar energy facility, or | 14 | | supporting facilities. "Participating property" also includes | 15 | | real property that is owned by a facility owner for the purpose | 16 | | of constructing a commercial wind energy facility, a | 17 | | commercial solar energy facility, or supporting facilities. | 18 | | "Participating residence" means a residence that is | 19 | | located on participating property and that is existing and | 20 | | occupied on the date that an application for a permit to | 21 | | develop the commercial wind energy facility or the commercial | 22 | | solar energy facility is filed with the county. | 23 | | "Protected lands" means real property that is: | 24 | | (1) subject to a permanent conservation right
| 25 | | consistent with the Real Property Conservation Rights Act; | 26 | | or |
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| 1 | | (2) registered or designated as a nature preserve,
| 2 | | buffer, or land and water reserve under the Illinois | 3 | | Natural Areas Preservation Act. | 4 | | "Supporting facilities" means the transmission lines, | 5 | | substations, access roads, meteorological towers, storage | 6 | | containers, and equipment associated with the generation and | 7 | | storage of electricity by the commercial wind energy facility | 8 | | or commercial solar energy facility. | 9 | | "Wind tower" includes the wind turbine tower, nacelle, and | 10 | | blades. | 11 | | (b) Notwithstanding any other provision of law or whether | 12 | | the county has formed a zoning commission and adopted formal | 13 | | zoning under Section 5-12007, a county may establish standards | 14 | | for commercial wind energy facilities, commercial solar energy | 15 | | facilities, or both wind farms and electric-generating wind | 16 | | devices . The standards may include all of the requirements | 17 | | specified in this Section but may not include requirements for | 18 | | commercial wind energy facilities or commercial solar energy | 19 | | facilities that are more restrictive than specified in this | 20 | | Section , without limitation, the height of the devices and the | 21 | | number of devices that may be located within a geographic | 22 | | area . A county may also regulate the siting of commercial wind | 23 | | energy facilities with standards that are not more restrictive | 24 | | than the requirements specified in this Section wind farms and | 25 | | electric-generating wind devices in unincorporated areas of | 26 | | the county that are outside of the zoning jurisdiction of a |
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| 1 | | municipality and that are outside the 1.5-mile radius | 2 | | surrounding the zoning jurisdiction of a municipality. | 3 | | (c) If a county has elected to establish standards under | 4 | | subsection (b), before the county grants siting approval or a | 5 | | special use permit for a commercial wind energy facility or a | 6 | | commercial solar energy facility, or modification of an | 7 | | approved siting or special use permit, the county board of the | 8 | | county in which the facility is to be sited or the zoning board | 9 | | of appeals for the county shall hold There shall be at least | 10 | | one public hearing . The public hearing shall be conducted in | 11 | | accordance with the Open Meetings Act and shall be held not | 12 | | more than 45 days after the filing of the application for the | 13 | | facility. The county shall allow interested parties to a | 14 | | special use permit an opportunity to present evidence and to | 15 | | cross-examine witnesses at the hearing, but the county may | 16 | | impose reasonable restrictions on the public hearing, | 17 | | including reasonable time limitations on the presentation of | 18 | | evidence and the cross-examination of witnesses. The county | 19 | | shall also allow public comment at the public hearing in | 20 | | accordance with the Open Meetings Act. The county shall make | 21 | | its siting and permitting decisions not more than 30 days | 22 | | after the conclusion of the public hearing prior to a siting | 23 | | decision by the county board . Notice of the hearing shall be | 24 | | published in a newspaper of general circulation in the county. | 25 | | A commercial wind energy facility owner , as defined in the | 26 | | Renewable Energy Facilities Agricultural Impact Mitigation |
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| 1 | | Act, must enter into an agricultural impact mitigation | 2 | | agreement with the Department of Agriculture prior to the date | 3 | | of the required public hearing. A commercial wind energy | 4 | | facility owner seeking an extension of a permit granted by a | 5 | | county prior to July 24, 2015 (the effective date of Public Act | 6 | | 99-132) must enter into an agricultural impact mitigation | 7 | | agreement with the Department of Agriculture prior to a | 8 | | decision by the county to grant the permit extension. Counties | 9 | | may allow test wind towers or test solar energy systems to be | 10 | | sited without formal approval by the county board. Any
| 11 | | provision of a county zoning ordinance pertaining to wind
| 12 | | farms, commercial wind energy facilities, or commercial solar | 13 | | energy facilities that was in effect before January 27, 2023 | 14 | | may continue in effect notwithstanding any changes made in | 15 | | Public Act 102-1123 and, if applicable, any
provision of a | 16 | | county zoning ordinance pertaining to wind
farms that was in | 17 | | effect before August 16, 2007 may continue in effect
| 18 | | notwithstanding the changes made in Public Act 95-203. | 19 | | (d) A county with an existing zoning ordinance in conflict | 20 | | with this Section shall amend that zoning ordinance to be in | 21 | | compliance with this Section within 120 days after the | 22 | | effective date of this amendatory Act of the 102nd General | 23 | | Assembly. | 24 | | (e) A county may not require : | 25 | | (1) a wind tower of a commercial wind energy facility | 26 | | to be sited as follows, with setback distances measured |
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| 1 | | from the center of the base of the wind tower: or other | 2 | | renewable energy system that is used exclusively by an end | 3 | | user to be setback more than 1.1 times the height of the | 4 | | renewable energy system from the end user's property line. | 5 | | Setback Description Setback Distance | 6 | | Occupied Community 2.1 times the maximum blade tip | 7 | | Buildings height of the wind tower to the | 8 | | nearest point on the outside | 9 | | wall of the structure | 10 | | Participating Residences 1.1 times the maximum blade tip | 11 | | height of the wind tower to the | 12 | | nearest point on the outside | 13 | | wall of the structure | 14 | | Nonparticipating Residences 2.1 times the maximum blade tip | 15 | | height of the wind tower to the | 16 | | nearest point on the outside | 17 | | wall of the structure | 18 | | Boundary Lines of None | 19 | | Participating Property | 20 | | Boundary Lines of 1.1 times the maximum blade tip |
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| 1 | | Nonparticipating Property height of the wind tower to the | 2 | | nearest point on the property | 3 | | line of the nonparticipating | 4 | | property | 5 | | Public Road Rights-of-Way 1.1 times the maximum blade tip | 6 | | height of the wind tower | 7 | | to the center point of the | 8 | | public road right-of-way | 9 | | Overhead Communication and 1.1 times the maximum blade tip | 10 | | Electric Transmission height of the wind tower to the | 11 | | and Distribution Facilities nearest edge of the property | 12 | | (Not Including Overhead line, easement, or right of | 13 | | way | 14 | | Utility Service Lines to containing the overhead line | 15 | | Individual Houses or | 16 | | Outbuildings) | 17 | | Overhead Utility Service None | 18 | | Lines to Individual | 19 | | Houses or Outbuildings | 20 | | Fish and Wildlife Areas 2.1 times the maximum blade | 21 | | and Illinois Nature tip height of the wind tower | 22 | | Preserve Commission to the nearest point on the |
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| 1 | | Protected Lands property line of the fish and | 2 | | wildlife area or protected | 3 | | land | 4 | | This Section does not exempt or excuse compliance with | 5 | | electric facility clearances approved or required by the | 6 | | National Electrical Code, The National Electrical Safety | 7 | | Code, Illinois Commerce Commission, Federal Energy | 8 | | Regulatory Commission, and their designees or successors. | 9 | | (2) a wind tower of a commercial wind energy facility | 10 | | to be sited so that industry standard computer modeling | 11 | | indicates that any occupied community building or | 12 | | nonparticipating residence will not experience more than | 13 | | 30 hours per year of shadow flicker under planned | 14 | | operating conditions; | 15 | | (3) a commercial solar energy facility to be sited as | 16 | | follows, with setback distances measured from the nearest | 17 | | edge of any component of the facility: | 18 | | Setback Description Setback Distance | 19 | | Occupied Community 150 feet from the nearest | 20 | | Buildings and Dwellings on point on the outside wall | 21 | | Nonparticipating Properties of the structure | 22 | | Boundary Lines of None |
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| 1 | | Participating Property | 2 | | Public Road Rights-of-Way 50 feet from the nearest | 3 | | edge | 4 | | Boundary Lines of 50 feet to the nearest | 5 | | Nonparticipating Property point on the property | 6 | | line of the nonparticipating | 7 | | property | 8 | | (4) a commercial solar energy facility to be sited so | 9 | | that the facility's perimeter is enclosed by fencing | 10 | | having a height of at least 6 feet and no more than 25 | 11 | | feet; and | 12 | | (5) a commercial solar energy facility to be sited so | 13 | | that no component of a solar panel has a height of more | 14 | | than 20 feet above ground when the solar energy facility's | 15 | | arrays are at full tilt. | 16 | | The requirements set forth in this subsection (e) may be | 17 | | waived subject to the written consent of the owner of each | 18 | | affected nonparticipating property. | 19 | | (f) A county may not set a sound limitation for wind towers | 20 | | in commercial wind energy facilities or any components in | 21 | | commercial solar energy facility that is more restrictive than | 22 | | the sound limitations established by the Illinois Pollution | 23 | | Control Board under 35 Ill. Adm. Code Parts 900, 901, and 910. |
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| 1 | | (g) A county may not place any restriction on the | 2 | | installation or use of a commercial wind energy facility or a | 3 | | commercial solar energy facility unless it adopts an ordinance | 4 | | that complies with this Section. A county may not establish | 5 | | siting standards for supporting facilities that preclude | 6 | | development of commercial wind energy facilities or commercial | 7 | | solar energy facilities. | 8 | | A request for siting approval or a special use permit for a | 9 | | commercial wind energy facility or a commercial solar energy | 10 | | facility, or modification of an approved siting or special use | 11 | | permit, shall be approved if the request is in compliance with | 12 | | the standards and conditions imposed in this Act, the zoning | 13 | | ordinance adopted consistent with this Code, and the | 14 | | conditions imposed under State and federal statutes and | 15 | | regulations. | 16 | | (h) A county may not adopt zoning regulations that | 17 | | disallow, permanently or temporarily, commercial wind energy | 18 | | facilities or commercial solar energy facilities from being | 19 | | developed or operated in any district zoned to allow | 20 | | agricultural or industrial uses. | 21 | | (i) A county may not require permit application fees for a | 22 | | commercial wind energy facility or commercial solar energy | 23 | | facility that are unreasonable. All application fees imposed | 24 | | by the county shall be consistent with fees for projects in the | 25 | | county with similar capital value and cost. | 26 | | (j) Except as otherwise provided in this Section, a county |
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| 1 | | shall not require standards for construction, decommissioning, | 2 | | or deconstruction of a commercial wind energy facility or | 3 | | commercial solar energy facility or related financial | 4 | | assurances that are more restrictive than those included in | 5 | | the Department of Agriculture's standard wind farm | 6 | | agricultural impact mitigation agreement, template 81818, or | 7 | | standard solar agricultural impact mitigation agreement, | 8 | | version 8.19.19, as applicable and in effect on December 31, | 9 | | 2022. The amount of any decommissioning payment shall be | 10 | | limited to the cost identified in the decommissioning or | 11 | | deconstruction plan, as required by those agricultural impact | 12 | | mitigation agreements, minus the salvage value of the project. | 13 | | (k) A county may not condition approval of a commercial | 14 | | wind energy facility or commercial solar energy facility on a | 15 | | property value guarantee and may not require a facility owner | 16 | | to pay into a neighboring property devaluation escrow account. | 17 | | (l) A county may require certain vegetative screening | 18 | | surrounding a commercial wind energy facility or commercial | 19 | | solar energy facility but may not require earthen berms or | 20 | | similar structures. | 21 | | (m) A county may set blade tip height limitations for wind | 22 | | towers in commercial wind energy facilities but may not set a | 23 | | blade tip height limitation that is more restrictive than the | 24 | | height allowed under a Determination of No Hazard to Air | 25 | | Navigation by the Federal Aviation Administration under 14 CFR | 26 | | Part 77. |
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| 1 | | (n) A county may require that a commercial wind energy | 2 | | facility owner or commercial solar energy facility owner | 3 | | provide: | 4 | | (1) the results and recommendations from consultation | 5 | | with the Illinois Department of Natural Resources that are | 6 | | obtained through the Ecological Compliance Assessment Tool | 7 | | (EcoCAT) or a comparable successor tool; and | 8 | | (2) the results of the United States Fish and Wildlife | 9 | | Service's Information for Planning and Consulting | 10 | | environmental review or a comparable successor tool that | 11 | | is consistent with (i) the "U.S. Fish and Wildlife | 12 | | Service's Land-Based Wind Energy Guidelines" and (ii) any | 13 | | applicable United States Fish and Wildlife Service solar | 14 | | wildlife guidelines that have been subject to public | 15 | | review. | 16 | | Only a county may establish standards for wind farms, | 17 | | electric-generating wind devices, and commercial wind energy | 18 | | facilities, as that term is defined in Section 10 of the | 19 | | Renewable Energy Facilities Agricultural Impact Mitigation | 20 | | Act, in unincorporated areas of the county outside of the | 21 | | zoning jurisdiction of a municipality and outside the 1.5 mile | 22 | | radius surrounding the zoning jurisdiction of a municipality.
| 23 | | (o) A county may require a commercial wind energy facility | 24 | | or commercial solar energy facility to adhere to the | 25 | | recommendations provided by the Illinois Department of Natural | 26 | | Resources in an EcoCAT natural resource review report under 17 |
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| 1 | | Ill. Admin. Code Part 1075. | 2 | | (p) A county may require a facility owner to: | 3 | | (1) demonstrate avoidance of protected lands as | 4 | | identified by the Illinois Department of Natural Resources | 5 | | and the Illinois Nature Preserve Commission; or | 6 | | (2) consider the recommendations of the Illinois | 7 | | Department of Natural Resources for setbacks from | 8 | | protected lands, including areas identified by the | 9 | | Illinois Nature Preserve Commission. | 10 | | (q) A county may require that a facility owner provide | 11 | | evidence of consultation with the Illinois State Historic | 12 | | Preservation Office to assess potential impacts on | 13 | | State-registered historic sites under the Illinois State | 14 | | Agency Historic Resources Preservation Act. | 15 | | (r) To maximize community benefits, including, but not | 16 | | limited to, reduced stormwater runoff, flooding, and erosion | 17 | | at the ground mounted solar energy system, improved soil | 18 | | health, and increased foraging habitat for game birds, | 19 | | songbirds, and pollinators, a county may (1) require a | 20 | | commercial solar energy facility owner to plant, establish, | 21 | | and maintain for the life of the facility vegetative ground | 22 | | cover, consistent with the goals of the Pollinator-Friendly | 23 | | Solar Site Act and (2) require the submittal of a vegetation | 24 | | management plan in the application to construct and operate a | 25 | | commercial solar energy facility in the county. | 26 | | No later than 90 days after the effective date of this |
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| 1 | | amendatory Act of the 102nd General Assembly, the Illinois | 2 | | Department of Natural Resources shall develop guidelines for | 3 | | vegetation management plans that may be required under this | 4 | | subsection for commercial solar energy facilities. The | 5 | | guidelines must include guidance for short-term and long-term | 6 | | property management practices that provide and maintain native | 7 | | and non-invasive naturalized perennial vegetation to protect | 8 | | the health and well-being of pollinators. | 9 | | (s) If a facility owner enters into a road use agreement | 10 | | with the Illinois Department of Transportation, a road | 11 | | district, or other unit of local government relating to a | 12 | | commercial wind energy facility or a commercial solar energy | 13 | | facility, the road use agreement shall require the facility | 14 | | owner to be responsible for (i) the reasonable cost of | 15 | | improving roads used by the facility owner to construct the | 16 | | commercial wind energy facility or the commercial solar energy | 17 | | facility and (ii) the reasonable cost of repairing roads used | 18 | | by the facility owner during construction of the commercial | 19 | | wind energy facility or the commercial solar energy facility | 20 | | so that those roads are in a condition that is safe for the | 21 | | driving public after the completion of the facility's | 22 | | construction. Roadways improved in preparation for and during | 23 | | the construction of the commercial wind energy facility or | 24 | | commercial solar energy facility shall be repaired and | 25 | | restored to the improved condition at the reasonable cost of | 26 | | the developer if the roadways have degraded or were damaged as |
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| 1 | | a result of construction-related activities. | 2 | | The road use agreement shall not require the facility | 3 | | owner to pay costs, fees, or charges for road work that is not | 4 | | specifically and uniquely attributable to the construction of | 5 | | the commercial wind energy facility or the commercial solar | 6 | | energy facility. Road-related fees, permit fees, or other | 7 | | charges imposed by the Illinois Department of Transportation, | 8 | | a road district, or other unit of local government under a road | 9 | | use agreement with the facility owner shall be reasonably | 10 | | related to the cost of administration of the road use | 11 | | agreement. | 12 | | (t) Notwithstanding any other provision of law, a facility | 13 | | owner with siting approval from a county to construct a | 14 | | commercial wind energy facility or a commercial solar energy | 15 | | facility is authorized to cross or impact a drainage system, | 16 | | including, but not limited to, drainage tiles, open drainage | 17 | | districts, culverts, and water gathering vaults, owned or | 18 | | under the control of a drainage district under the Illinois | 19 | | Drainage Code without obtaining prior agreement or approval | 20 | | from the drainage district, except that the facility owner | 21 | | shall repair or pay for the repair of all damage to the | 22 | | drainage system caused by the construction of the commercial | 23 | | wind energy facility or the commercial solar energy facility | 24 | | within a reasonable time after construction of the commercial | 25 | | wind energy facility or the commercial solar energy facility | 26 | | is complete. |
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| 1 | | (u) The amendments to this Section adopted in this | 2 | | amendatory Act of the 102nd General Assembly do not apply to | 3 | | (1) an application for siting approval or for a special use | 4 | | permit for a commercial wind energy facility or commercial | 5 | | solar energy facility if the application was submitted to a | 6 | | unit of local government before the effective date of this | 7 | | amendatory Act of the 102nd General Assembly or (2) a | 8 | | commercial wind energy facility or a commercial solar energy | 9 | | facility if the facility owner has submitted an agricultural | 10 | | impact mitigation agreement to the Department of Agriculture | 11 | | before the effective date of this amendatory Act of the 102nd | 12 | | General Assembly. | 13 | | (Source: P.A. 100-598, eff. 6-29-18; 101-4, eff. 4-19-19.)".
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