Illinois General Assembly - Full Text of HB0230
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Full Text of HB0230  97th General Assembly




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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 changing Section
55-12020 as follows:
6    (55 ILCS 5/5-12020)
7    Sec. 5-12020. Wind farms.
8    (a) For the purposes of this Section, "distributed wind
9energy generation device" means any electric-generating wind
10device, including the tower, generator, nacelle, blades,
11foundations, guy wires, power electronics, or other associated
12component that is:
13        (1) interconnected at the distribution system level of
14    either a public utility as defined in Section 3-105 of the
15    Public Utilities Act, an alternative retail electric
16    supplier as defined in Section 16-102 of the Public
17    Utilities Act, a municipal utility as defined in Section
18    3-105 of the Public Utilities Act, or a rural electric
19    cooperative as defined in Section 3-110 of the Public
20    Utilities Act; and
21        (2) located on the customer side of the customer
22    electric meter and is generally used to offset that
23    customer's electricity load, but that may also deliver some



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1    portion of electricity back to the distribution system.
2    (b) Except as provided in subsection (c), a A county may
3establish standards for wind farms and electric-generating
4wind devices. The standards may include, without limitation,
5the height of the devices and the number of devices that may be
6located within a geographic area. A county may also regulate
7the siting of wind farms and electric-generating wind devices
8in unincorporated areas of the county outside of the zoning
9jurisdiction of a municipality and the 1.5 mile radius
10surrounding the zoning jurisdiction of a municipality. Except
11for distributed wind energy generation devices, there There
12shall be at least one public hearing not more than 30 days
13prior to a siting decision by the county board. Notice of the
14hearing shall be published in a newspaper of general
15circulation in the county. Counties may allow test wind towers
16to be sited without formal approval by the county board. Any
17provision of a county zoning ordinance pertaining to wind farms
18or distributed wind energy generation devices that is in effect
19before the effective date of this amendatory Act of the 97th
2095th General Assembly may continue in effect notwithstanding
21any requirements of this Section.
22    (c) A county may not limit the height of a distributed wind
23energy generation device on a parcel of land zoned for
24agricultural, industrial, or commercial purposes, or a parcel
25of land in an area that is generally zoned for agricultural,
26industrial, or commercial purposes, other than requiring a



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1setback of 1.1 times the height of the device from the
2neighboring property line. A county may require certification
3of compliance with FAA requirements. Permits with respect to
4the erection, maintenance, repair, alteration, remodeling, or
5extension of buildings or structures used for distributed wind
6energy generation devices shall be issued at a reasonable cost,
7but shall not be greater than a total of $100. Counties shall
8not require any annual or ongoing fees or permits for
9distributed wind energy generation devices. A county may not
10require a wind tower or other renewable energy system that is
11used exclusively by an end user to be setback more than 1.1
12times the height of the renewable energy system from the end
13user's property line.
14    This subsection shall not preclude a county's ability to
15establish standards for, hold public hearings regarding, or
16otherwise regulate distributed wind energy generation devices.
17(Source: P.A. 95-203, eff. 8-16-07; 96-306, eff. 1-1-10;
1896-566, eff. 8-18-09; 96-1000, eff. 7-2-10.)
19    Section 99. Effective date. This Act takes effect upon
20becoming law.