103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
SB3403

 

Introduced 2/8/2024, by Sen. Chapin Rose

 

SYNOPSIS AS INTRODUCED:
 
55 ILCS 5/5-12020.5 new

    Amends the Counties Code. Provides that, beginning June 1, 2025 and subject to Federal Aviation Administration approval to equip and operate light mitigating technology for at least 30% of the proposed wind towers included within a commercial wind energy facility, a county shall require the facility owner of a commercial wind energy facility constructed beginning in 2019 or later to install light mitigating technology at the commercial wind energy facility. Includes requirements when the light mitigating technology must be installed, and allows a facility owner to seek an extension from these requirements from the county board. Provides that a county board may impose civil penalties on the facility owner of a commercial wind energy facility that failed to comply with the requirements in the amount of $1,000 per day. Provides that the provisions do not apply to test wind towers allowed by a county that are used solely for purposes of research and testing.


LRB103 37022 AWJ 67137 b

 

 

A BILL FOR

 

SB3403LRB103 37022 AWJ 67137 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 adding Section
55-12020.5 as follows:
 
6    (55 ILCS 5/5-12020.5 new)
7    Sec. 5-12020.5. Commercial wind energy facility light
8mitigating technology.
9    (a) As used in this Section:
10    "Approval from the FAA" means FAA approval to equip and
11operate light mitigating technology for at least 30% of the
12proposed wind towers included within a commercial wind energy
13facility.
14    "Commercial wind energy facility", "facility owner", and
15"wind tower" have the meanings given to those terms in Section
165-12020.
17    "FAA" means the Federal Aviation Administration of the
18United States Department of Transportation.
19    "Light mitigating technology" means a sensor-based system
20that:
21        (1) is designed to detect approaching aircraft;
22        (2) keeps the lights off when it is safe to do so; and
23        (3) the FAA has approved as meeting the requirements

 

 

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1    under Chapter 10 of the FAA's 2020 advisory circular AC
2    70/7460-1M, Obstruction Marking and Lighting.
3    (b) Beginning June 1, 2025 and subject to approval from
4the FAA, a county shall require the facility owner of a
5commercial wind energy facility constructed beginning in 2019
6or later to install light mitigating technology at the
7commercial wind energy facility. The facility owner, within 6
8months after the commercial wind energy facility receives a
9determination of no hazard from the FAA, or within 6 months
10after the effective date of this amendatory Act if the
11commercial wind energy facility received a determination of no
12hazard from the FAA before the effective date of this
13amendatory Act of the 103rd General Assembly, shall:
14        (1) apply to the FAA, any other applicable federal
15    agency, or both, for the installation of approved light
16    mitigating technology; and
17        (2) within 24 months after receiving approval from the
18    FAA under paragraph (1), subject to the availability of
19    light mitigating technology from the manufacturer or
20    supplier, install, test, and commence operation consistent
21    with FAA requirements or other applicable federal agency
22    requirements, of the light mitigating technology at the
23    commercial wind energy facility.
24    (c) The facility owner of a commercial wind energy
25facility may seek an extension from the county board from the
26requirements under subsection (b) for a period of up to 24

 

 

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1months. The county board shall grant the request if the
2facility owner can demonstrate that, despite the facility
3owner's exercise of commercially reasonable efforts, the
4availability of light mitigating technology constrained the
5facility owner's ability to comply with subsection (b) in the
6time frame afforded. The county board may not impose any
7penalties against the owner or operator under subsection (d)
8during the extension period granted under this subsection.
9    (d) A county board may impose civil penalties on the
10facility owner of a commercial wind energy facility that
11failed to comply with the requirements of subsection (b) or
12(c) in the amount of $1,000 per day. Before a civil penalty may
13be imposed under this subsection, the facility owner must
14receive notice of the date the civil penalty will be discussed
15at a county board meeting, and the facility owner, or the
16facility owner's representative, must be provided an
17opportunity to be heard at the board meeting. The State's
18Attorney of the county may file an action in circuit court to
19collect the civil penalty if unpaid in the time required when
20the civil penalty was imposed.
21    (e) This Section does not apply to test wind towers
22allowed by a county under subsection (c) of Section 5-12020
23that are used solely for purposes of research and testing.