SB3403 103RD GENERAL ASSEMBLY

LRB103 37022 AWJ 67137 b

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.

A BILL FOR

AN ACT concerning local government.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Counties Code is amended by adding Section 5-12020.5 as follows:

(55 ILCS 5/5-12020.5 new)

Sec. 5-12020.5. Commercial wind energy facility light mitigating technology.

(a) As used in this Section:

"Approval from the FAA" means FAA approval to equip and operate light mitigating technology for at least 30% of the proposed wind towers included within a commercial wind energy facility.

"Commercial wind energy facility", "facility owner", and "wind tower" have the meanings given to those terms in Section 5-12020.

"FAA" means the Federal Aviation Administration of the United States Department of Transportation.

"Light mitigating technology" means a sensor-based system that:

(1) is designed to detect approaching aircraft;

(2) keeps the lights off when it is safe to do so; and

(3) the FAA has approved as meeting the requirements under Chapter 10 of the FAA's 2020 advisory circular AC 70/7460-1M, Obstruction Marking and Lighting.

(b) Beginning June 1, 2025 and subject to approval from the FAA, 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. The facility owner, within 6 months after the commercial wind energy facility receives a determination of no hazard from the FAA, or within 6 months after the effective date of this amendatory Act if the commercial wind energy facility received a determination of no hazard from the FAA before the effective date of this amendatory Act of the 103rd General Assembly, shall:

(1) apply to the FAA, any other applicable federal agency, or both, for the installation of approved light mitigating technology; and

(2) within 24 months after receiving approval from the FAA under paragraph (1), subject to the availability of light mitigating technology from the manufacturer or supplier, install, test, and commence operation consistent with FAA requirements or other applicable federal agency requirements, of the light mitigating technology at the commercial wind energy facility.

(c) The facility owner of a commercial wind energy facility may seek an extension from the county board from the requirements under subsection (b) for a period of up to 24 months. The county board shall grant the request if the facility owner can demonstrate that, despite the facility owner's exercise of commercially reasonable efforts, the availability of light mitigating technology constrained the facility owner's ability to comply with subsection (b) in the time frame afforded. The county board may not impose any penalties against the owner or operator under subsection (d) during the extension period granted under this subsection.

(d) A county board may impose civil penalties on the facility owner of a commercial wind energy facility that failed to comply with the requirements of subsection (b) or (c) in the amount of $1,000 per day. Before a civil penalty may be imposed under this subsection, the facility owner must receive notice of the date the civil penalty will be discussed at a county board meeting, and the facility owner, or the facility owner's representative, must be provided an opportunity to be heard at the board meeting. The State's Attorney of the county may file an action in circuit court to collect the civil penalty if unpaid in the time required when the civil penalty was imposed.

(e) This Section does not apply to test wind towers allowed by a county under subsection (c) of Section 5-12020 that are used solely for purposes of research and testing.