Sen. Jason A. Barickman
Filed: 5/6/2015
 
 

 

 

 
09900SB0920sam001LRB099 05509 AWJ 35055 a



1
AMENDMENT TO SENATE BILL 920 




2    AMENDMENT NO. ______. Amend Senate Bill 920 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 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. Counties may allow test 
4wind towers to be sited without formal approval by the county 
5board.  Any provision of a county zoning ordinance pertaining to 
6wind farms that is in effect before the effective date of this 
7amendatory Act of the 95th General Assembly may continue in 
8effect notwithstanding any requirements of this Section.
9    A county may not require a wind tower or other renewable 
10energy system that is used exclusively by an end user to be 
11setback more than 1.1 times the height of the renewable energy 
12system from the end user's property line. 

13(Source: P.A. 95-203, eff. 8-16-07; 96-306, eff. 1-1-10; 
1496-566, eff. 8-18-09; 96-1000, eff. 7-2-10.)

 
15    Section 10. The Illinois Municipal Code is amended by 
16changing Section 11-13-26 as follows:
 
17    (65 ILCS 5/11-13-26)
18    Sec. 11-13-26. Wind farms.   Notwithstanding any other 
19provision of law: 
20    (a) A municipality may regulate wind farms and 
21electric-generating wind devices within its zoning 
22jurisdiction and within the 1.5 mile radius surrounding its 
23zoning jurisdiction. There shall be at least one public hearing 
24not more than 30 days prior to a siting decision by the 
 
 
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1corporate authorities of a municipality.  Notice of the hearing 
2shall be published in a newspaper of general circulation in the 
3municipality. A municipality may allow test wind towers to be 
4sited without formal approval by the corporate authorities of 
5the municipality.  Test wind towers must be dismantled within 3 
6years of installation.  For the purposes of this Section, "test 
7wind towers" are wind towers that are designed solely to 
8collect wind generation data.

9    (b) A municipality may not require a wind tower or other 
10renewable energy system that is used exclusively by an end user 
11to be setback more than 1.1 times the height of the renewable 
12energy system from the end user's property line. A setback 
13requirement imposed by a municipality on a renewable energy 
14system may not be more restrictive than as provided under this 
15subsection. This subsection is a limitation of home rule powers 
16and functions under subsection (i) of Section 6 of Article VII 
17of the Illinois Constitution on the concurrent exercise by home 
18rule units of powers and functions exercised by the State. 
19(Source: P.A. 95-203, eff. 8-16-07; 96-306, eff. 1-1-10.)".