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


Rep. David R. Leitch

Filed: 4/12/2011





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2    AMENDMENT NO. ______. Amend House Bill 230 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.
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



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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
10establish standards for wind farms and electric-generating
11wind devices. The standards may include, without limitation,
12the height of the devices and the number of devices that may be
13located within a geographic area. A county may also regulate
14the siting of wind farms and electric-generating wind devices
15in unincorporated areas of the county outside of the zoning
16jurisdiction of a municipality and the 1.5 mile radius
17surrounding the zoning jurisdiction of a municipality. Except
18for distributed wind energy generation devices, there There
19shall be at least one public hearing not more than 30 days
20prior to a siting decision by the county board. Notice of the
21hearing shall be published in a newspaper of general
22circulation in the county. Counties may allow test wind towers
23to be sited without formal approval by the county board. Any
24provision of a county zoning ordinance pertaining to wind farms
25or distributed wind energy generation devices that is in effect
26before the effective date of this amendatory Act of the 97th



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195th General Assembly may continue in effect notwithstanding
2any requirements of this Section.
3    (c) A county may not limit the height of a distributed wind
4energy generation device on a parcel of land zoned for
5agricultural, industrial, or commercial purposes, or a parcel
6of land in an area that is generally zoned for agricultural,
7industrial, or commercial purposes, other than requiring a
8setback of 1.1 times the height of the device from the
9neighboring property line. A county may require certification
10of compliance with FAA requirements. Permits with respect to
11the erection, maintenance, repair, alteration, remodeling, or
12extension of buildings or structures used for distributed wind
13energy generation devices shall be issued at a reasonable cost,
14but shall not be greater than a total of $100. Counties shall
15not require any annual or ongoing fees or permits for
16distributed wind energy generation devices. A county may not
17require a wind tower or other renewable energy system that is
18used exclusively by an end user to be setback more than 1.1
19times the height of the renewable energy system from the end
20user's property line.
21    This subsection shall not preclude a county's ability to
22establish standards for, hold public hearings regarding, or
23otherwise regulate distributed wind energy generation devices.
24(Source: P.A. 95-203, eff. 8-16-07; 96-306, eff. 1-1-10;
2596-566, eff. 8-18-09; 96-1000, eff. 7-2-10.)



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1    Section 99. Effective date. This Act takes effect upon
2becoming law.".