SB0167sam001 97TH GENERAL ASSEMBLY

Sen. John M. Sullivan

Filed: 3/14/2011

09700SB0167sam001 LRB097 06790 KMW 53008 a

AMENDMENT TO SENATE BILL 167

AMENDMENT NO. ______. Amend Senate Bill 167 by replacing everything after the enacting clause with the following:

"Section 5. The Illinois Municipal Code is amended by changing Sections 11-13-2 and 11-13-26 as follows:

(65 ILCS 5/11-13-2) (from Ch. 24, par. 11-13-2)

Sec. 11-13-2. Zoning commission. Except as provided in Section 11-13-26, the The corporate authorities in each municipality which desires to exercise the powers conferred by this Division 13, or who have exercised such power and desire to adopt a new ordinance, shall provide for a zoning commission with the duty to recommend the boundaries of districts and appropriate regulations to be enforced therein. The commission shall be appointed by the mayor or president, subject to confirmation by the corporate authorities. The commission shall prepare a tentative report and a proposed zoning ordinance for the entire municipality. After the preparation of such a tentative report and ordinance, the commission shall hold a hearing thereon and shall afford persons interested an opportunity to be heard. Notice of the hearing shall be published at least once, not more than 30 nor less than 15 days before the hearing, in one or more newspapers published in the municipality, or, if no newspaper is published therein, then in one or more newspapers published in the county in which the municipality is located and having a general circulation within the municipality. The notice shall state the time and place of the hearing and the place where copies of the proposed ordinance will be accessible for examination by interested persons. The hearing may be adjourned from time to time.

Within 30 days after the final adjournment of the hearing the commission shall make a final report and submit a proposed ordinance for the entire municipality to the corporate authorities. The corporate authorities may enact the ordinance with or without change, or may refer it back to the commission for further consideration. The zoning commission shall cease to exist upon the adoption of a zoning ordinance for the entire municipality.

(Source: P.A. 80-452.)

(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 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.

(c) A municipality may regulate wind farms and electric-generating wind devices pursuant to the authority granted under this Section without creating a zoning commission or adopting a zoning ordinance for the entire municipality. This subsection applies only to issues of siting, limited to the proposed location of wind farms and electric-generating wind devices. No further regulations may be imposed by the municipality without creating a zoning commission or adopting a zoning ordinance for the entire municipality. This subsection (c) applies to ordinances adopted before, on, or after the effective date of this amendatory Act of the 97th General Assembly by a municipality to regulate wind farms and electric-generating wind devices within 1.5 miles of the corporate boundaries of the municipality. No ordinance shall regulate wind farms that were permitted by a county with jurisdiction over the property prior to the effective date of the ordinance. In addition, any ordinance shall comply with the requirements of subsections (a) and (b) of Section 11-13-26. Except for permitted wind farms, any ordinance shall preempt county zoning regulations that might otherwise be applicable and no county siting approval shall be required within 1.5 miles of the municipality.

(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.".