Full Text of SB2591 100th General Assembly
SB2591sam001 100TH GENERAL ASSEMBLY | Sen. Scott M. Bennett Filed: 5/9/2018
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| 1 | | AMENDMENT TO SENATE BILL 2591
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 2591 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. Notwithstanding any other | 8 | | provision of law, a county may establish standards for wind | 9 | | farms and electric-generating wind devices. The standards may | 10 | | include, without limitation, the height of the devices and the | 11 | | number of devices that may be located within a geographic area. | 12 | | A county may also regulate the siting of wind farms and | 13 | | electric-generating wind devices in unincorporated areas of | 14 | | the county outside of the zoning jurisdiction of a municipality | 15 | | and the 1.5 mile radius surrounding the zoning jurisdiction of | 16 | | a municipality. There shall be at least one public hearing not |
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| 1 | | more than 30 days prior to a siting decision by the county | 2 | | board. Notice of the hearing shall be published in a newspaper | 3 | | of general circulation in the county. A commercial wind energy | 4 | | facility owner, as defined in the Renewable Wind Energy | 5 | | Facilities Agricultural Impact Mitigation Act, must enter into | 6 | | an agricultural impact mitigation agreement with the | 7 | | Department of Agriculture prior to the date of the required | 8 | | public hearing. A commercial wind energy facility owner seeking | 9 | | an extension of a permit granted by a county prior to July 24, | 10 | | 2015 (the effective date of Public Act 99-132) must enter into | 11 | | an agricultural impact mitigation agreement with the | 12 | | Department of Agriculture prior to a decision by the county to | 13 | | grant the permit extension. Counties may allow test wind towers | 14 | | to be sited without formal approval by the county board. Any | 15 | | provision of a county zoning ordinance pertaining to wind farms | 16 | | that is in effect before August 16, 2007 (the effective date of | 17 | | Public Act 95-203) may continue in effect notwithstanding any | 18 | | requirements of this Section. | 19 | | A county may not require a wind tower or other renewable | 20 | | energy system that is used exclusively by an end user to be | 21 | | setback more than 1.1 times the height of the renewable energy | 22 | | system from the end user's property line.
| 23 | | (Source: P.A. 99-123, eff. 1-1-16; 99-132, eff. 7-24-15; | 24 | | 99-642, eff. 7-28-16.) | 25 | | Section 10. The Illinois Municipal Code is amended by |
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| 1 | | changing Section 11-13-26 as follows: | 2 | | (65 ILCS 5/11-13-26) | 3 | | Sec. 11-13-26. Wind farms. Notwithstanding any other | 4 | | provision of law: | 5 | | (a) A municipality may regulate wind farms and | 6 | | electric-generating wind devices within its zoning | 7 | | jurisdiction and within the 1.5 mile radius surrounding its | 8 | | zoning jurisdiction. There shall be at least one public | 9 | | hearing not more than 30 days prior to a siting decision by | 10 | | the corporate authorities of a municipality. Notice of the | 11 | | hearing shall be published in a newspaper of general | 12 | | circulation in the municipality. A commercial wind energy | 13 | | facility owner, as defined in the Renewable Wind Energy | 14 | | Facilities Agricultural Impact Mitigation Act, must enter | 15 | | into an agricultural impact mitigation agreement with the | 16 | | Department of Agriculture prior to the date of the required | 17 | | public hearing. A commercial wind energy facility owner | 18 | | seeking an extension of a permit granted by a municipality | 19 | | prior to July 24, 2015 (the effective date of Public Act | 20 | | 99-132) must enter into an agricultural impact mitigation | 21 | | agreement with the Department of Agriculture prior to a | 22 | | decision by the municipality to grant the permit extension. | 23 | | A municipality may allow test wind towers to be sited | 24 | | without formal approval by the corporate authorities of the | 25 | | municipality. Test wind towers must be dismantled within 3 |
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| 1 | | years of installation. For the purposes of this Section, | 2 | | "test wind towers" are wind towers that are designed solely | 3 | | to collect wind generation data.
| 4 | | (b) A municipality may not require a wind tower or | 5 | | other renewable energy system that is used exclusively by | 6 | | an end user to be setback more than 1.1 times the height of | 7 | | the renewable energy system from the end user's property | 8 | | line. A setback requirement imposed by a municipality on a | 9 | | renewable energy system may not be more restrictive than as | 10 | | provided under this subsection. This subsection is a | 11 | | limitation of home rule powers and functions under | 12 | | subsection (i) of Section 6 of Article VII of the Illinois | 13 | | Constitution on the concurrent exercise by home rule units | 14 | | of powers and functions exercised by the State. | 15 | | (Source: P.A. 99-123, eff. 1-1-16; 99-132, eff. 7-24-15; | 16 | | 99-642, eff. 7-28-16.) | 17 | | Section 15. The Wind Energy Facilities Agricultural Impact | 18 | | Mitigation Act is amended by changing Sections 1, 5, 10, and 15 | 19 | | as follows: | 20 | | (505 ILCS 147/1)
| 21 | | Sec. 1. Short title. This Act may be cited as the Renewable | 22 | | Wind Energy Facilities Agricultural Impact Mitigation Act.
| 23 | | (Source: P.A. 99-132, eff. 7-24-15.) |
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| 1 | | (505 ILCS 147/5)
| 2 | | Sec. 5. Purpose. The primary purpose of this Act is to | 3 | | promote the State's welfare by protecting landowners during the | 4 | | construction and deconstruction of commercial renewable wind | 5 | | energy facilities.
| 6 | | (Source: P.A. 99-132, eff. 7-24-15.) | 7 | | (505 ILCS 147/10)
| 8 | | Sec. 10. Definitions.
As used in this Act:
| 9 | | "Abandonment of a commercial wind energy facility " means | 10 | | when deconstruction has not been completed within 18 months | 11 | | after the commercial wind energy facility reaches the end of | 12 | | its useful life. For purposes of this definition, a commercial | 13 | | wind energy facility will be presumed to have reached the end | 14 | | of its useful life if (1) no electricity is generated for a | 15 | | continuous period of 12 months and (2) the commercial wind | 16 | | energy facility owner fails, for a period of 6 consecutive | 17 | | months, to pay the landowner amounts owed in accordance with | 18 | | the underlying agreement. | 19 | | "Abandonment of a commercial solar energy facility" means | 20 | | when deconstruction has not been completed within 12 months | 21 | | after the commercial solar energy facility reaches the end of | 22 | | its useful life. For purposes of this definition, a commercial | 23 | | solar energy facility shall be presumed to have reached the end | 24 | | of its useful life if the commercial solar energy facility | 25 | | owner fails, for a period of 6 consecutive months, to pay the |
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| 1 | | landowner amounts owed in accordance with the underlying | 2 | | agreement. | 3 | | "Agricultural impact mitigation agreement" means an | 4 | | agreement between the commercial wind energy facility owner or | 5 | | the commercial solar energy facility owner and the Department | 6 | | of Agriculture described in Section 15 of this Act.
| 7 | | "Commercial renewable energy facility " means a commercial | 8 | | wind energy facility or commercial solar energy facility as | 9 | | defined in this Act. | 10 | | "Commercial solar energy facility" means a solar energy | 11 | | conversion facility equal to or greater than 500 kilowatts in | 12 | | total nameplate capacity, including a solar energy conversion | 13 | | facility seeking an extension of a permit to construct granted | 14 | | by a county or municipality before the effective date of this | 15 | | amendatory Act of the 100th General Assembly. "Commercial solar | 16 | | energy facility" does not include a solar energy conversion | 17 | | facility: (1) for which a permit to construct has been issued | 18 | | before the effective date of this amendatory Act of the 100th | 19 | | General Assembly; (2) that is located on land owned by the | 20 | | commercial solar energy facility owner; (3) that was | 21 | | constructed before the effective date of this amendatory Act of | 22 | | the 100th General Assembly; or (4) that is located on the | 23 | | customer side of the customer's electric meter and is primarily | 24 | | used to offset that customer's electricity load and is limited | 25 | | in nameplate capacity to less than or equal to 2,000 kilowatts. | 26 | | "Commercial solar energy facility owner" means a private |
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| 1 | | commercial enterprise that owns a commercial solar energy | 2 | | facility. A commercial solar energy facility owner is not nor | 3 | | shall it be deemed to be a public utility as defined in the | 4 | | Public Utilities Act. | 5 | | "Commercial wind energy facility" means a wind energy | 6 | | conversion facility of equal or greater than 500 kilowatts in | 7 | | total nameplate generating capacity. "Commercial wind energy | 8 | | facility" includes a wind energy conversion facility seeking an | 9 | | extension of a permit to construct granted by a county or | 10 | | municipality before the effective date of this Act. "Commercial | 11 | | wind energy facility" does not include a wind energy conversion | 12 | | facility: (1) that has submitted a complete permit application | 13 | | to a county or municipality and for which the hearing on the | 14 | | completed application has commenced on the date provided in the | 15 | | public hearing notice, which must be before the effective date | 16 | | of this Act; (2) for which a permit to construct has been | 17 | | issued before the effective date of this Act; or (3) that was | 18 | | constructed before the effective date of this Act. | 19 | | "Commercial wind energy facility owner" means a private | 20 | | commercial enterprise that owns or operates a commercial wind | 21 | | energy facility.
A commercial wind energy facility owner is not | 22 | | nor shall it be deemed to be a public utility as defined in the | 23 | | Public Utilities Act. | 24 | | "Construction" means the installation, preparation for | 25 | | installation, or repair of a commercial renewable wind energy | 26 | | facility.
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| 1 | | "County" means the county where the commercial renewable | 2 | | wind energy facility is located.
| 3 | | "Deconstruction" means the removal of a commercial | 4 | | renewable wind energy facility from the property of a landowner | 5 | | and the restoration of that property as provided in the | 6 | | agricultural impact mitigation agreement.
| 7 | | "Department" means the Department of Agriculture.
| 8 | | "Landowner" means any person (1) with an ownership interest | 9 | | in property that is used for agricultural purposes and (2) that | 10 | | is a party to an underlying agreement.
| 11 | | "Underlying agreement" means the written agreement with a | 12 | | landowner, including, but not limited to, an easement, option, | 13 | | lease, or license, under the terms of which another person has | 14 | | constructed, constructs, or intends to construct a commercial | 15 | | wind energy facility or commercial solar energy facility on the | 16 | | property of the landowner.
| 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 | 21 | | commercial wind energy facility or a commercial solar energy | 22 | | facility that is located on landowner property shall enter into | 23 | | an agricultural impact mitigation agreement with the | 24 | | Department outlining construction and deconstruction standards | 25 | | and policies designed to preserve the integrity of any |
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| 1 | | agricultural land that is impacted by commercial renewable wind | 2 | | energy facility construction and deconstruction. The | 3 | | construction and deconstruction of any commercial solar energy | 4 | | facility shall be in conformance with the Department's standard | 5 | | agricultural impact mitigation agreement referenced in | 6 | | subsection (f) of this Section. Except as provided in | 7 | | subsection (a-5) of this Section, the terms and conditions of | 8 | | the Department's standard agricultural impact mitigation | 9 | | agreement are subject to and may be modified by an underlying | 10 | | agreement between the landowner and the commercial solar energy | 11 | | facility owner. | 12 | | (a-5) Prior to the commencement of construction, a | 13 | | commercial solar energy facility owner shall submit to the | 14 | | county in which the commercial solar facility is to be located | 15 | | a deconstruction plan. A commercial solar energy facility owner | 16 | | shall provide the county with an appropriate financial | 17 | | assurance mechanism consistent with the Department's standard | 18 | | agricultural impact mitigation agreement for and to assure | 19 | | deconstruction in the event of an abandonment of a commercial | 20 | | solar energy facility. | 21 | | (b) The agricultural impact mitigation agreement for a | 22 | | commercial wind energy facility shall include, but is not | 23 | | limited to, such items as restoration of agricultural land | 24 | | affected by construction, deconstruction (including upon | 25 | | abandonment of a commercial wind energy facility ), | 26 | | construction staging, and storage areas; support structures; |
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| 1 | | aboveground facilities; guy wires and anchors; underground | 2 | | cabling depth; topsoil replacement; protection and repair of | 3 | | agricultural drainage tiles; rock removal; repair of | 4 | | compaction and rutting; land leveling; prevention of soil | 5 | | erosion; repair of damaged soil conservation practices; | 6 | | compensation for damages to private property; clearing of trees | 7 | | and brush; interference with irrigation systems; access roads; | 8 | | weed control; pumping of water from open excavations; advance | 9 | | notice of access to private property; indemnification of | 10 | | landowners; and deconstruction plans and financial assurance | 11 | | for deconstruction (including upon abandonment of a commercial | 12 | | wind energy facility ).
| 13 | | (b-5) The agricultural impact mitigation agreement for a | 14 | | commercial solar energy facility shall include, but is not | 15 | | limited to, such items as restoration of agricultural land | 16 | | affected by construction, deconstruction (including upon | 17 | | abandonment of a commercial solar energy facility); support | 18 | | structures; aboveground facilities; guy wires and anchors; | 19 | | underground cabling depth; topsoil removal and replacement; | 20 | | rerouting and permanent repair of agricultural drainage tiles; | 21 | | rock removal; repair of compaction and rutting; construction | 22 | | during wet weather; land leveling; prevention of soil erosion; | 23 | | repair of damaged soil conservation practices; compensation | 24 | | for damages to private property; clearing of trees and brush; | 25 | | access roads; weed control; advance notice of access to private | 26 | | property; indemnification of landowners; and deconstruction |
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| 1 | | plans and financial assurance for deconstruction (including | 2 | | upon abandonment of a commercial solar energy facility). The | 3 | | commercial solar energy facility owner shall enter into one | 4 | | agricultural impact mitigation agreement for each commercial | 5 | | solar energy facility. | 6 | | (c) For commercial wind energy facility owners seeking a | 7 | | permit from a county or municipality for the construction of a | 8 | | commercial wind energy facility, the agricultural impact | 9 | | mitigation agreement shall be entered into prior to the public | 10 | | hearing required prior to a siting decision of a county or | 11 | | municipality regarding the commercial wind energy facility. | 12 | | The agricultural impact mitigation agreement is binding on any | 13 | | subsequent commercial wind energy facility owner that takes | 14 | | ownership of the commercial wind energy facility that is the | 15 | | subject of the agreement.
| 16 | | (c-5) A commercial solar energy facility owner shall, not | 17 | | less than 45 days prior to commencement of actual construction, | 18 | | submit to the Department a standard agricultural impact | 19 | | mitigation agreement as referenced in subsection (f) of this | 20 | | Section signed by the commercial solar energy facility owner | 21 | | and including all information required by the Department. The | 22 | | commercial solar energy facility owner shall provide either a | 23 | | copy of that submitted agreement or a copy of the fully | 24 | | executed project-specific agricultural impact mitigation | 25 | | agreement to the landowner not less than 30 days prior to the | 26 | | commencement of construction. The agricultural impact |
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| 1 | | mitigation agreement is binding on any subsequent commercial | 2 | | solar energy facility owner that takes ownership of the | 3 | | commercial solar energy facility that is the subject of the | 4 | | agreement. | 5 | | (d) If a commercial renewable wind energy facility owner | 6 | | seeks an extension of a permit granted by a county or | 7 | | municipality for the construction of a commercial wind energy | 8 | | facility prior to the effective date of this Act, the | 9 | | agricultural impact mitigation agreement shall be entered into | 10 | | prior to a decision by the county or municipality to grant the | 11 | | permit extension.
| 12 | | (e) The Department may shall adopt rules that are necessary | 13 | | and appropriate for the implementation and administration of | 14 | | agricultural impact mitigation agreements as required under | 15 | | this Act.
| 16 | | (f) The Department shall make available on its website a | 17 | | standard agricultural impact mitigation agreement applicable | 18 | | to all commercial solar energy facilities within 60 days after | 19 | | the effective date of this amendatory Act of the 100th General | 20 | | Assembly. | 21 | | (g) Nothing in this amendatory Act of the 100th General | 22 | | Assembly and nothing in an agricultural impact mitigation | 23 | | agreement shall be construed to apply to or otherwise impair an | 24 | | underlying agreement for a commercial solar energy facility | 25 | | entered into prior to the effective date of this amendatory Act | 26 | | of the 100th General Assembly. |
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| 1 | | (Source: P.A. 99-132, eff. 7-24-15.)
| 2 | | Section 99. Effective date. This Act takes effect upon | 3 | | becoming law.".
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