Full Text of HB0230 97th General Assembly
HB0230ham001 97TH GENERAL ASSEMBLY | Rep. David R. Leitch Filed: 4/12/2011
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| 1 | | AMENDMENT TO HOUSE BILL 230
| 2 | | AMENDMENT NO. ______. Amend House Bill 230 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Counties Code is amended by changing | 5 | | Section 5-12020 as follows: | 6 | | (55 ILCS 5/5-12020) | 7 | | Sec. 5-12020. Wind farms. | 8 | | (a) For the purposes of this Section, "distributed wind | 9 | | energy generation device" means any electric-generating wind | 10 | | device, including the tower, generator, nacelle, blades, | 11 | | foundations, guy wires, power electronics, or other associated | 12 | | component 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 |
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| 1 | | Utilities Act, a municipal utility as defined in Section | 2 | | 3-105 of the Public Utilities Act, or a rural electric | 3 | | cooperative as defined in Section 3-110 of the Public | 4 | | Utilities Act; and | 5 | | (2) located on the customer side of the customer | 6 | | electric meter and is generally used to offset that | 7 | | customer's electricity load, but that may also deliver some | 8 | | portion of electricity back to the distribution system. | 9 | | (b) Except as provided in subsection (c), a A county may | 10 | | establish standards for wind farms and electric-generating | 11 | | wind devices. The standards may include, without limitation, | 12 | | the height of the devices and the number of devices that may be | 13 | | located within a geographic area. A county may also regulate | 14 | | the siting of wind farms and electric-generating wind devices | 15 | | in unincorporated areas of the county outside of the zoning | 16 | | jurisdiction of a municipality and the 1.5 mile radius | 17 | | surrounding the zoning jurisdiction of a municipality. Except | 18 | | for distributed wind energy generation devices, there There | 19 | | shall be at least one public hearing not more than 30 days | 20 | | prior to a siting decision by the county board. Notice of the | 21 | | hearing shall be published in a newspaper of general | 22 | | circulation in the county. Counties may allow test wind towers | 23 | | to be sited without formal approval by the county board. Any | 24 | | provision of a county zoning ordinance pertaining to wind farms | 25 | | or distributed wind energy generation devices that is in effect | 26 | | before the effective date of this amendatory Act of the 97th |
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| 1 | | 95th General Assembly may continue in effect notwithstanding | 2 | | any requirements of this Section. | 3 | | (c) A county may not limit the height of a distributed wind | 4 | | energy generation device on a parcel of land zoned for | 5 | | agricultural, industrial, or commercial purposes, or a parcel | 6 | | of land in an area that is generally zoned for agricultural, | 7 | | industrial, or commercial purposes, other than requiring a | 8 | | setback of 1.1 times the height of the device from the | 9 | | neighboring property line. A county may require certification | 10 | | of compliance with FAA requirements. Permits with respect to | 11 | | the erection, maintenance, repair, alteration, remodeling, or | 12 | | extension of buildings or structures used for distributed wind | 13 | | energy generation devices shall be issued at a reasonable cost, | 14 | | but shall not be greater than a total of $100. Counties shall | 15 | | not require any annual or ongoing fees or permits for | 16 | | distributed wind energy generation devices. A county may not | 17 | | require a wind tower or other renewable energy system that is | 18 | | used exclusively by an end user to be setback more than 1.1 | 19 | | times the height of the renewable energy system from the end | 20 | | user's property line.
| 21 | | This subsection shall not preclude a county's ability to | 22 | | establish standards for, hold public hearings regarding, or | 23 | | otherwise regulate distributed wind energy generation devices. | 24 | | (Source: P.A. 95-203, eff. 8-16-07; 96-306, eff. 1-1-10; | 25 | | 96-566, eff. 8-18-09; 96-1000, eff. 7-2-10.)
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| 1 | | Section 99. Effective date. This Act takes effect upon | 2 | | becoming law.".
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