SB1314 97TH GENERAL ASSEMBLY

LRB097 08274 ASK 48400 b

97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
SB1314

Introduced 2/8/2011, by Sen. Jeffrey M. Schoenberg

SYNOPSIS AS INTRODUCED:

New Act

Creates the Offshore Wind Energy Facilities Advisory Council Act. Creates the Offshore Wind Energy Facilities Advisory Council as a separate entity within the Department of Natural Resources. Provides that the Advisory Council shall consist of the Director of Natural Resources, the Director of the Illinois Environmental Protection Agency, the Director of the Illinois Power Agency, the Chairman of the Illinois Commerce Commission, and certain other public members selected by the Director of Natural Resources. Provides that members of the Advisory Council shall serve without compensation, but may be reimbursed for actual and necessary expenses incurred in the performance of their official duties as members of the Advisory Council. Provides that the Offshore Wind Advisory Council shall examine certain topics related to offshore wind energy facilities on Lake Michigan and report its findings and recommendations to the Governor and General Assembly by June 30, 2012. Provides that the Act shall be repealed on July 1, 2012. Effective July 1, 2011.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning wind energy.

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 Offshore Wind Energy Facilities Advisory Council Act.

Section 5. Definitions. In this Act:

"Advisory Council" means the Offshore Wind Energy Facilities Advisory Council created under this Act.

"Aquatic environment" means the physical, chemical, atmospheric, and biological components, conditions, and factors that interactively determine the productivity, state, condition, and quality of the aquatic ecosystem of the Great Lakes.

"Commercial activities" means site assessment activities, construction of an offshore wind energy facility, commercial operations, and decommissioning.

"Commercial operations" means all activities located on or in unpatented bottomlands or above, on, in, or under waters of Lake Michigan associated with the generation, storage, or transmission of electricity or other energy product from an existing offshore wind energy facility, for distribution, sale, or other commercial use.

"Decommissioning" means removal of structures authorized under a construction and operations permit and restoration of leased bottomlands and waters to their prerelease condition. "Decommissioning" does not mean the replacement of portions of an existing offshore wind energy facility.

"Department" means the Illinois Department of Natural Resources.

"Local government" means county, township, or municipality.

"Offshore wind energy facility" means any electrical energy producing wind turbines connected to the electric power grid by transmission lines and permanently or temporarily attached to unpatented bottomlands, including any associated structures such as support towers, permanently moored vessels, interturbine cables, electric service platforms, and export cables, but not including transmission lines. Any group of such installations that includes a primary installation with one or more secondary installations is a single offshore wind energy facility for purposes of this Act, unless the Department determines that the complexity of the secondary installations justifies their classifications as one or more separate offshore wind energy facilities.

Section 10. The Offshore Wind Energy Facilities Advisory Council.

(a) The Offshore Wind Energy Facilities Advisory Council is created as a separate entity within the Department of Natural Resources and shall consist of the Directors or Chairman of the following 4 State agencies:

(1) The Director of Natural Resources.

(2) The Director of the Illinois Environmental Protection Agency.

(3) The Director of the Illinois Power Agency.

(4) The Chairman of the Illinois Commerce Commission.

(b) The Director of Natural Resources shall serve as chairperson of the Council. The chairperson shall select the following 8 public members to serve on the Advisory Council:

(1) One individual representing a statewide environmental organization.

(2) One individual representing the tourism industry.

(3) One individual representing the commercial shipping industry.

(4) One individual representing an electrical utility industry.

(5) One individual representing the commercial fishing industry.

(6) One individual representing an independent transmission company.

(7) One individual representing the wind energy industry.

(8) One individual representing local government officials.

(c) Members of the Advisory Council shall serve without compensation, but may be reimbursed for actual and necessary expenses incurred in the performance of their official duties as members of the Advisory Council.

Section 15. Duties of the Offshore Wind Energy Facilities Advisory Council. The Offshore Wind Advisory Council shall examine the following topics:

(1) The location and site assessment for offshore wind facilities, including permits for such facilities, and the role of local government.

(2) Potential impacts on Lake Michigan's aquatic environment including (A) identification of critical habitat for endangered species of animals and plants and (B) environmental monitoring.

(3) Leasing of bottomland parcels for commercial activities and operations including lease auctions.

(4) Identification of areas unsuitable for commercial development.

(5) Cable connection to the electric grid of wind generation facilities including offshore transformers.

(6) Assessment of federal and State laws affecting the development of offshore wind generation. The Offshore Wind Advisory Council shall assess and make recommendations on these topics and report its findings and recommendations to the Governor and General Assembly by June 30, 2012.

Section 20. Repeal of Act. This Act shall be repealed on July 1, 2012.

Section 99. Effective date. This Act takes effect July 1, 2011.