Full Text of SB3271 97th General Assembly
SB3271sam003 97TH GENERAL ASSEMBLY | Sen. Michael W. Frerichs Filed: 3/30/2012
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| 1 | | AMENDMENT TO SENATE BILL 3271
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 3271 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 1. Short title. This Act may be cited as the Wind | 5 | | Energy Facilities Construction and Deconstruction Act. | 6 | | Section 5. Purpose. The primary purpose of this Act is to | 7 | | promote the State's welfare by protecting landowners during the | 8 | | construction and deconstruction of commercial wind energy | 9 | | facilities. | 10 | | Section 10. Definitions. As used in this Act:
| 11 | | "Commercial wind energy facility" means a wind energy | 12 | | conversion facility of equal or greater than 500 kilowatts in | 13 | | total nameplate generating capacity. | 14 | | "Commercial wind energy operator" means a private | 15 | | commercial enterprise that owns or operates a wind energy |
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| 1 | | facility of equal to or greater than 500 kilowatts in total | 2 | | nameplate capacity. | 3 | | "Commission" means the Illinois Commerce Commission. | 4 | | "Deconstruction" means the removal of a commercial wind | 5 | | energy facility from the property of a landowner and the | 6 | | restoration of that property to the condition in which it | 7 | | existed immediately before the construction of the commercial | 8 | | wind energy facility, including, but not limited to, the | 9 | | restoration of the topography of the property to its condition | 10 | | before construction; provided, however, that foundations, | 11 | | pads, electrical lines, and any other underground facility must | 12 | | be removed to a depth of 5 feet below the surface of the | 13 | | ground.
| 14 | | "Department" means the Illinois Department of Agriculture. | 15 | | "Landowner" means any person with an ownership interest in | 16 | | property (i) that is used for agricultural purposes and (ii) | 17 | | that is party to an underlying agreement.
| 18 | | "Underlying agreement" means a written or verbal agreement | 19 | | with a landowner, including, but not limited to, an easement, | 20 | | option, lease, or license, under the terms of which another | 21 | | person has constructed, constructs, or intends to construct a | 22 | | commercial wind energy facility on the property of the | 23 | | landowner. | 24 | | "Wind turbine" means a wind turbine of equal to or greater | 25 | | than 500 kilowatts in total nameplate generating capacity. | 26 | | "Wind turbine tower height" means the distance from the |
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| 1 | | wind turbine rotor blade at its highest point to the top | 2 | | surface of the wind turbine foundation. | 3 | | Section 15. Construction activities. | 4 | | (a) Every commercial wind energy operator that is the owner | 5 | | of a commercial wind energy facility located on land owned by | 6 | | another person or entity shall enter into an agricultural | 7 | | impact mitigation agreement with the Department outlining | 8 | | construction standards and policies designed to preserve the | 9 | | integrity of any agricultural land that is impacted by the | 10 | | construction of a commercial wind energy facility. The | 11 | | agricultural impact mitigation agreement shall be entered into | 12 | | prior to the construction of the commercial wind energy | 13 | | facility. The agricultural impact mitigation agreement is | 14 | | binding on any subsequent commercial wind energy operator that | 15 | | takes ownership of the commercial wind energy facility that is | 16 | | the subject of the agreement. The agricultural impact | 17 | | mitigation agreement is not required for commercial wind energy | 18 | | facilities already constructed or properly permitted or sited | 19 | | by decision of a county or municipality made prior to the | 20 | | effective date of this Act. | 21 | | (b) The Department shall adopt rules that are necessary and | 22 | | appropriate for the implementation and administration of | 23 | | agricultural impact mitigation agreements as required under | 24 | | this Act. |
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| 1 | | Section 20. Deconstruction activities. | 2 | | (a) The commercial wind energy operator is responsible for | 3 | | deconstruction of the commercial wind energy facility and for | 4 | | all costs associated with deconstruction of that facility and | 5 | | associated facilities. | 6 | | (b) A commercial wind energy facility is presumed to be at | 7 | | the end of its useful life if (i) the commercial wind energy | 8 | | operator fails, for a period of 12 consecutive months, to | 9 | | operate a commercial wind energy facility or wind turbine for | 10 | | the purpose of which it was designed and installed and (ii) the | 11 | | commercial wind energy operator fails, for a period of 6 | 12 | | consecutive months, to pay the landowner moneys owed to him or | 13 | | her in accordance with the underlying agreement. | 14 | | (c) The commercial wind energy operator shall begin | 15 | | deconstruction of the commercial wind energy facility within 8 | 16 | | months after the time the facility or turbine reaches the end | 17 | | of its useful life. Deconstruction must be completed within 18 | 18 | | months after the commercial wind energy facility reaches the | 19 | | end of its useful life. | 20 | | (d) Commercial wind energy operators of commercial wind | 21 | | energy facilities not properly sited or permitted by decision | 22 | | of a county or municipality prior to the effective date of this | 23 | | Act shall file with the Commission a plan detailing the | 24 | | estimated deconstruction cost per turbine, in current dollars | 25 | | at the time of filing, for the proposed commercial wind energy | 26 | | facility. The plan must also include a comprehensive detailed |
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| 1 | | description describing how the commercial wind energy operator | 2 | | plans to pay for the deconstruction of the commercial wind | 3 | | energy facility. The Commission may at any time after the | 4 | | construction of the commercial wind energy facility require the | 5 | | commercial wind energy operator to file a report with the | 6 | | Commission describing how the operator is fulfilling its | 7 | | obligations under this Section. | 8 | | (e) The Commission shall require the commercial wind energy | 9 | | operator to secure a performance bond, surety bond, letter of | 10 | | credit, corporate guarantee, or other form of financial | 11 | | assurance that is acceptable to the Commission to cover the | 12 | | anticipated costs of deconstruction of the commercial wind | 13 | | energy facility or wind turbine. In determining the anticipated | 14 | | costs of deconstruction, the Commission shall take into | 15 | | account, among other things, the information provided under | 16 | | subsection (d), the number of wind turbines and related | 17 | | commercial wind energy facilities involved, the original | 18 | | construction costs of the commercial wind energy facilities, | 19 | | the size and capacity of the wind turbines, and the | 20 | | construction method and techniques for the wind turbines and | 21 | | other commercial wind energy facilities. The Commission may | 22 | | reevaluate the anticipated costs of deconstruction every 5 | 23 | | years after its initial assessment or if there is a change in | 24 | | commercial wind energy operator for a particular commercial | 25 | | wind energy facility and, based on that reevaluation, require | 26 | | changes in the level of financial assurance required from the |
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| 1 | | commercial wind energy operator. | 2 | | (f) Commercial wind energy operators of sited or permitted | 3 | | commercial wind energy facilities existing on the effective | 4 | | date of this Act shall file with the Commission information | 5 | | required in subsection (d) or any existing agreement with a | 6 | | county or municipality addressing deconstruction issues within | 7 | | one year after the effective date of this Act. The Commission | 8 | | shall evaluate such information and existing agreement and make | 9 | | advisory recommendations to the commercial wind energy | 10 | | operator and county or municipality regarding changes in the | 11 | | level of financial assurance required from the commercial wind | 12 | | energy operator. The Commission may reevaluate the anticipated | 13 | | costs of deconstruction every 5 years after its initial | 14 | | assessment or if there is a change in commercial wind energy | 15 | | operator for a particular commercial wind energy facility and, | 16 | | based on that reevaluation, make advisory recommendations | 17 | | regarding changes in the level of financial assurance required | 18 | | from the commercial wind energy facility. | 19 | | (g) If the commercial wind energy operator does not | 20 | | complete deconstruction, the Commission shall take such action | 21 | | as necessary to complete deconstruction, including drawing | 22 | | upon the financial assurance required in subsection (e). The | 23 | | entry into an underlying agreement shall constitute agreement | 24 | | and consent of the parties to the agreement and their | 25 | | respective heirs, successors, and assigns that the Commission | 26 | | may take such action as may be necessary for the deconstruction |
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| 1 | | of the commercial wind energy facility or wind turbine, | 2 | | including the exercise by the Commission, Commission staff, and | 3 | | their contractors of the right of ingress and egress for the | 4 | | purpose of deconstruction of the commercial wind energy | 5 | | facility. | 6 | | (h) If there is a change in ownership of the commercial | 7 | | wind energy facility, the commercial wind energy operator | 8 | | assuming ownership of the facility is required to provide | 9 | | notice to the Commission of such change and the existing | 10 | | financial assurance requirements for the facility as required | 11 | | in subsection (e) shall apply to the new operator. | 12 | | (i) The Commission shall adopt rules that are necessary and | 13 | | appropriate for the implementation and administration of | 14 | | deconstruction activities as required under this Act.
| 15 | | Section 99. Effective date. This Act takes effect January | 16 | | 1, 2013.".
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