HB4651 100TH GENERAL ASSEMBLY

  
  

 


 
100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB4651

 

Introduced , by Rep. Charles Meier

 

SYNOPSIS AS INTRODUCED:
 
55 ILCS 5/5-12020
65 ILCS 5/11-13-26
505 ILCS 147/1
505 ILCS 147/5
505 ILCS 147/10
505 ILCS 147/15

    Amends the Wind Energy Facilities Agricultural Impact Mitigation Act. Provides that the Act may be cited as the Renewable Energy Facilities Agricultural Impact Mitigation Act. Changes references in the Act from "commercial wind energy facility" to "commercial renewable energy facility". Provides that "commercial renewable energy facility" means a commercial wind energy facility or commercial solar energy facility. Defines "commercial solar energy facility". Provides that for commercial renewable energy facility owners of a commercial solar energy facility, the agricultural impact mitigation agreement shall be entered into prior to the commercial renewable energy facility owner making contact with a landowner seeking an underlying agreement for the development of a commercial solar energy facility. Makes conforming changes in the Counties Code and the Illinois Municipal Code. Effective immediately.


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A BILL FOR

 

HB4651LRB100 17169 SLF 32324 b

1    AN ACT concerning agriculture.
 
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. Notwithstanding any other
8provision of law, a county may establish standards for wind
9farms and electric-generating wind devices. The standards may
10include, without limitation, the height of the devices and the
11number of devices that may be located within a geographic area.
12A county may also regulate the siting of wind farms and
13electric-generating wind devices in unincorporated areas of
14the county outside of the zoning jurisdiction of a municipality
15and the 1.5 mile radius surrounding the zoning jurisdiction of
16a municipality. There shall be at least one public hearing not
17more than 30 days prior to a siting decision by the county
18board. Notice of the hearing shall be published in a newspaper
19of general circulation in the county. A commercial renewable
20wind energy facility owner, as defined in the Renewable Wind
21Energy Facilities Agricultural Impact Mitigation Act, must
22enter into an agricultural impact mitigation agreement with the
23Department of Agriculture prior to the date of the required

 

 

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1public hearing. A commercial renewable wind energy facility
2owner seeking an extension of a permit granted by a county
3prior to July 24, 2015 (the effective date of Public Act
499-132) must enter into an agricultural impact mitigation
5agreement with the Department of Agriculture prior to a
6decision by the county to grant the permit extension. Counties
7may allow test wind towers to be sited without formal approval
8by the county board. Any provision of a county zoning ordinance
9pertaining to wind farms that is in effect before August 16,
102007 (the effective date of Public Act 95-203) may continue in
11effect notwithstanding any requirements of this Section.
12    A county may not require a wind tower or other renewable
13energy system that is used exclusively by an end user to be
14setback more than 1.1 times the height of the renewable energy
15system from the end user's property line.
16(Source: P.A. 99-123, eff. 1-1-16; 99-132, eff. 7-24-15;
1799-642, eff. 7-28-16.)
 
18    Section 10. The Illinois Municipal Code is amended by
19changing Section 11-13-26 as follows:
 
20    (65 ILCS 5/11-13-26)
21    Sec. 11-13-26. Wind farms. Notwithstanding any other
22provision of law:
23        (a) A municipality may regulate wind farms and
24    electric-generating wind devices within its zoning

 

 

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1    jurisdiction and within the 1.5 mile radius surrounding its
2    zoning jurisdiction. There shall be at least one public
3    hearing not more than 30 days prior to a siting decision by
4    the corporate authorities of a municipality. Notice of the
5    hearing shall be published in a newspaper of general
6    circulation in the municipality. A commercial renewable
7    wind energy facility owner, as defined in the Renewable
8    Wind Energy Facilities Agricultural Impact Mitigation Act,
9    must enter into an agricultural impact mitigation
10    agreement with the Department of Agriculture prior to the
11    date of the required public hearing. A commercial renewable
12    wind energy facility owner seeking an extension of a permit
13    granted by a municipality prior to July 24, 2015 (the
14    effective date of Public Act 99-132) must enter into an
15    agricultural impact mitigation agreement with the
16    Department of Agriculture prior to a decision by the
17    municipality to grant the permit extension. A municipality
18    may allow test wind towers to be sited without formal
19    approval by the corporate authorities of the municipality.
20    Test wind towers must be dismantled within 3 years of
21    installation. For the purposes of this Section, "test wind
22    towers" are wind towers that are designed solely to collect
23    wind generation data.
24        (b) A municipality may not require a wind tower or
25    other renewable energy system that is used exclusively by
26    an end user to be setback more than 1.1 times the height of

 

 

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1    the renewable energy system from the end user's property
2    line. A setback requirement imposed by a municipality on a
3    renewable energy system may not be more restrictive than as
4    provided under this subsection. This subsection is a
5    limitation of home rule powers and functions under
6    subsection (i) of Section 6 of Article VII of the Illinois
7    Constitution on the concurrent exercise by home rule units
8    of powers and functions exercised by the State.
9(Source: P.A. 99-123, eff. 1-1-16; 99-132, eff. 7-24-15;
1099-642, eff. 7-28-16.)
 
11    Section 15. The Wind Energy Facilities Agricultural Impact
12Mitigation Act is amended by changing Sections 1, 5, 10, and 15
13as follows:
 
14    (505 ILCS 147/1)
15    Sec. 1. Short title. This Act may be cited as the Renewable
16Wind Energy Facilities Agricultural Impact Mitigation Act.
17(Source: P.A. 99-132, eff. 7-24-15.)
 
18    (505 ILCS 147/5)
19    Sec. 5. Purpose. The primary purpose of this Act is to
20promote the State's welfare by protecting landowners during the
21construction and deconstruction of commercial renewable wind
22energy facilities.
23(Source: P.A. 99-132, eff. 7-24-15.)
 

 

 

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1    (505 ILCS 147/10)
2    Sec. 10. Definitions. As used in this Act:
3    "Abandonment" means when deconstruction has not been
4completed within 18 months after the commercial renewable wind
5energy facility reaches the end of its useful life. For
6purposes of this definition, a commercial renewable wind energy
7facility will be presumed to have reached the end of its useful
8life if (1) no electricity is generated for a continuous period
9of 12 months and (2) the commercial renewable wind energy
10facility owner fails, for a period of 6 consecutive months, to
11pay the landowner amounts owed in accordance with the
12underlying agreement.
13    "Agricultural impact mitigation agreement" means an
14agreement between the commercial renewable wind energy
15facility owner and the Department of Agriculture described in
16Section 15 of this Act.
17    "Commercial wind energy facility" means a wind energy
18conversion facility of equal or greater than 500 kilowatts in
19total nameplate generating capacity. "Commercial wind energy
20facility" includes a wind energy conversion facility seeking an
21extension of a permit to construct granted by a county or
22municipality before the effective date of this Act. "Commercial
23wind energy facility" does not include a wind energy conversion
24facility: (1) that has submitted a complete permit application
25to a county or municipality and for which the hearing on the

 

 

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1completed application has commenced on the date provided in the
2public hearing notice, which must be before the effective date
3of this Act; (2) for which a permit to construct has been
4issued before the effective date of this Act; or (3) that was
5constructed before the effective date of this Act.
6    "Commercial renewable wind energy facility owner" means a
7private commercial enterprise that owns or operates a
8commercial renewable wind energy facility.
9    "Commercial renewable energy facility" means a commercial
10wind energy facility or commercial solar energy facility as
11defined in this Act.
12    "Commercial solar energy facility" means a solar energy
13conservation facility equal or greater than 500 kilowatts in
14total nameplate generating capacity, including a solar energy
15conversion facility seeking an extension of a permit to
16construct granted by a county or municipality before the
17effective date of this amendatory Act of the 100th General
18Assembly. "Commercial solar energy facility" does not include a
19solar energy conservation facility: (1) for which a permit to
20construct has been issued before the effective date of this
21amendatory Act of the 100th General Assembly; or (2) that was
22constructed before the effective date of this amendatory Act of
23this 100th General Assembly.
24    "Construction" means the installation, preparation for
25installation, or repair of a commercial renewable wind energy
26facility.

 

 

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1    "County" means the county where the commercial renewable
2wind energy facility is located.
3    "Deconstruction" means the removal of a commercial
4renewable wind energy facility from the property of a landowner
5and the restoration of that property as provided in the
6agricultural impact mitigation agreement.
7    "Department" means the Department of Agriculture.
8    "Landowner" means any person (1) with an ownership interest
9in property that is used for agricultural purposes and (2) that
10is a party to an underlying agreement.
11    "Underlying agreement" means the written agreement with a
12landowner, including, but not limited to, an easement, option,
13lease, or license, under the terms of which another person has
14constructed, constructs, or intends to construct a commercial
15renewable wind energy facility on the property of the
16landowner.
17(Source: P.A. 99-132, eff. 7-24-15.)
 
18    (505 ILCS 147/15)
19    Sec. 15. Agricultural impact mitigation agreement.
20    (a) A commercial renewable wind energy facility owner of a
21commercial renewable wind energy facility located on landowner
22property shall enter into an agricultural impact mitigation
23agreement with the Department outlining construction and
24deconstruction standards and policies designed to preserve the
25integrity of any agricultural land that is impacted by

 

 

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1commercial renewable wind energy facility construction and
2deconstruction.
3    (b) The agricultural impact mitigation agreement shall
4include, but is not limited to, such items as restoration of
5agricultural land affected by construction, deconstruction
6(including upon abandonment), construction staging, and
7storage areas; support structures; aboveground facilities; guy
8wires and anchors; underground cabling depth; topsoil
9replacement; protection and repair of agricultural drainage
10tiles; rock removal; repair of compaction and rutting; land
11leveling; prevention of soil erosion; repair of damaged soil
12conservation practices; compensation for damages to private
13property; clearing of trees and brush; interference with
14irrigation systems; access roads; weed control; pumping of
15water from open excavations; advance notice of access to
16private property; indemnification of landowners; and
17deconstruction plans and financial assurance for
18deconstruction (including upon abandonment).
19    (c) For commercial renewable wind energy facility owners
20seeking a permit from a county or municipality for the
21construction of a commercial wind energy facility, the
22agricultural impact mitigation agreement shall be entered into
23prior to the public hearing required prior to a siting decision
24of a county or municipality regarding the commercial wind
25energy facility. The agricultural impact mitigation agreement
26is binding on any subsequent commercial renewable wind energy

 

 

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1facility owner that takes ownership of the commercial wind
2energy facility that is the subject of the agreement. For
3commercial renewable energy facility owners of a commercial
4solar energy facility, the agricultural impact mitigation
5agreement shall be entered into prior to the commercial
6renewable energy facility owner making contact with a landowner
7seeking an underlying agreement for the development of a
8commercial solar energy facility.
9    (d) If a commercial renewable wind energy facility owner
10seeks an extension of a permit granted by a county or
11municipality for the construction of a commercial wind energy
12facility prior to the effective date of this Act, the
13agricultural impact mitigation agreement shall be entered into
14prior to a decision by the county or municipality to grant the
15permit extension.
16    (e) The Department shall adopt rules that are necessary and
17appropriate for the implementation and administration of
18agricultural impact mitigation agreements as required under
19this Act.
20(Source: P.A. 99-132, eff. 7-24-15.)
 
21    Section 99. Effective date. This Act takes effect upon
22becoming law.