HB5814 97TH GENERAL ASSEMBLY

LRB097 20530 KMW 66091 b

97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB5814

Introduced 2/16/2012, by Rep. Joe Sosnowski

SYNOPSIS AS INTRODUCED:

65 ILCS 5/11-13-26

Amends the Illinois Municipal Code. In a Section concerning wind farms, provides that for renewable energy systems other than those used exclusively by an end user, a municipality's regulation may include a setback limitation on the device of a distance of no more than 1,000 feet from a residential zone, provided that the regulation is not inconsistent with another municipality's zoning regulation. Effective immediately.

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 Illinois Municipal Code is amended by changing Section 11-13-26 as follows:

(65 ILCS 5/11-13-26)

Sec. 11-13-26. Wind farms.

(a) A municipality may regulate wind farms and electric-generating wind devices within its zoning jurisdiction and within the 1.5 mile radius surrounding its zoning jurisdiction. There shall be at least one public hearing not more than 30 days prior to a siting decision by the corporate authorities of a municipality. Notice of the hearing shall be published in a newspaper of general circulation in the municipality. A municipality may allow test wind towers to be sited without formal approval by the corporate authorities of the municipality. Test wind towers must be dismantled within 3 years of installation. For the purposes of this Section, "test wind towers" are wind towers that are designed solely to collect wind generation data.

(b) A municipality may not require a wind tower or other renewable energy system that is used exclusively by an end user to be setback more than 1.1 times the height of the renewable energy system from the end user's property line. A setback requirement imposed by a municipality on a renewable energy system may not be more restrictive than as provided under this subsection. This subsection is a limitation of home rule powers and functions under subsection (i) of Section 6 of Article VII of the Illinois Constitution on the concurrent exercise by home rule units of powers and functions exercised by the State.

(c) For renewable energy systems other than those used exclusively by an end user, a municipality's regulation may include a setback limitation on the device of a distance of no more than 1,000 feet from a residential zone, provided that the regulation is not inconsistent with another municipality's zoning regulation.

(Source: P.A. 95-203, eff. 8-16-07; 96-306, eff. 1-1-10.)

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