Full Text of HB4612 103rd General Assembly
HB4612 103RD GENERAL ASSEMBLY | | | 103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024 HB4612 Introduced 1/31/2024, by Rep. Bradley Fritts SYNOPSIS AS INTRODUCED: | | | Amends the Counties Code. Provides that a county may set blade tip height limitations for wind towers in commercial wind energy facilities near a restricted landing area to ensure compliance with specified provisions of the Illinois Administrative Code. |
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| | A BILL FOR |
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| 1 | | AN ACT concerning local government. | 2 | | Be it enacted by the People of the State of Illinois, | 3 | | represented in the General Assembly: | 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. Commercial wind energy facilities and | 8 | | commercial solar energy facilities. | 9 | | (a) As used in this Section: | 10 | | "Commercial solar energy facility" means a "commercial | 11 | | solar energy system" as defined in Section 10-720 of the | 12 | | Property Tax Code. "Commercial solar energy facility" does not | 13 | | mean a utility-scale solar energy facility being constructed | 14 | | at a site that was eligible to participate in a procurement | 15 | | event conducted by the Illinois Power Agency pursuant to | 16 | | subsection (c-5) of Section 1-75 of the Illinois Power Agency | 17 | | Act. | 18 | | "Commercial wind energy facility" means a wind energy | 19 | | conversion facility of equal or greater than 500 kilowatts in | 20 | | total nameplate generating capacity. "Commercial wind energy | 21 | | facility" includes a wind energy conversion facility seeking | 22 | | an extension of a permit to construct granted by a county or | 23 | | municipality before January 27, 2023 ( the effective date of |
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| 1 | | Public Act 102-1123) this amendatory Act of the 102nd General | 2 | | Assembly . | 3 | | "Facility owner" means (i) a person with a direct | 4 | | ownership interest in a commercial wind energy facility or a | 5 | | commercial solar energy facility, or both, regardless of | 6 | | whether the person is involved in acquiring the necessary | 7 | | rights, permits, and approvals or otherwise planning for the | 8 | | construction and operation of the facility, and (ii) at the | 9 | | time the facility is being developed, a person who is acting as | 10 | | a developer of the facility by acquiring the necessary rights, | 11 | | permits, and approvals or by planning for the construction and | 12 | | operation of the facility, regardless of whether the person | 13 | | will own or operate the facility. | 14 | | "Nonparticipating property" means real property that is | 15 | | not a participating property. | 16 | | "Nonparticipating residence" means a residence that is | 17 | | located on nonparticipating property and that is existing and | 18 | | occupied on the date that an application for a permit to | 19 | | develop the commercial wind energy facility or the commercial | 20 | | solar energy facility is filed with the county. | 21 | | "Occupied community building" means any one or more of the | 22 | | following buildings that is existing and occupied on the date | 23 | | that the application for a permit to develop the commercial | 24 | | wind energy facility or the commercial solar energy facility | 25 | | is filed with the county: a school, place of worship, day care | 26 | | facility, public library, or community center. |
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| 1 | | "Participating property" means real property that is the | 2 | | subject of a written agreement between a facility owner and | 3 | | the owner of the real property that provides the facility | 4 | | owner an easement, option, lease, or license to use the real | 5 | | property for the purpose of constructing a commercial wind | 6 | | energy facility, a commercial solar energy facility, or | 7 | | supporting facilities. "Participating property" also includes | 8 | | real property that is owned by a facility owner for the purpose | 9 | | of constructing a commercial wind energy facility, a | 10 | | commercial solar energy facility, or supporting facilities. | 11 | | "Participating residence" means a residence that is | 12 | | located on participating property and that is existing and | 13 | | occupied on the date that an application for a permit to | 14 | | develop the commercial wind energy facility or the commercial | 15 | | solar energy facility is filed with the county. | 16 | | "Protected lands" means real property that is: | 17 | | (1) subject to a permanent conservation right | 18 | | consistent with the Real Property Conservation Rights Act; | 19 | | or | 20 | | (2) registered or designated as a nature preserve, | 21 | | buffer, or land and water reserve under the Illinois | 22 | | Natural Areas Preservation Act. | 23 | | "Supporting facilities" means the transmission lines, | 24 | | substations, access roads, meteorological towers, storage | 25 | | containers, and equipment associated with the generation and | 26 | | storage of electricity by the commercial wind energy facility |
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| 1 | | or commercial solar energy facility. | 2 | | "Wind tower" includes the wind turbine tower, nacelle, and | 3 | | blades. | 4 | | (b) Notwithstanding any other provision of law or whether | 5 | | the county has formed a zoning commission and adopted formal | 6 | | zoning under Section 5-12007, a county may establish standards | 7 | | for commercial wind energy facilities, commercial solar energy | 8 | | facilities, or both. The standards may include all of the | 9 | | requirements specified in this Section but may not include | 10 | | requirements for commercial wind energy facilities or | 11 | | commercial solar energy facilities that are more restrictive | 12 | | than specified in this Section. A county may also regulate the | 13 | | siting of commercial wind energy facilities with standards | 14 | | that are not more restrictive than the requirements specified | 15 | | in this Section in unincorporated areas of the county that are | 16 | | outside the zoning jurisdiction of a municipality and that are | 17 | | outside the 1.5-mile radius surrounding the zoning | 18 | | jurisdiction of a municipality. | 19 | | (c) If a county has elected to establish standards under | 20 | | subsection (b), before the county grants siting approval or a | 21 | | special use permit for a commercial wind energy facility or a | 22 | | commercial solar energy facility, or modification of an | 23 | | approved siting or special use permit, the county board of the | 24 | | county in which the facility is to be sited or the zoning board | 25 | | of appeals for the county shall hold at least one public | 26 | | hearing. The public hearing shall be conducted in accordance |
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| 1 | | with the Open Meetings Act and shall be held not more than 45 | 2 | | days after the filing of the application for the facility. The | 3 | | county shall allow interested parties to a special use permit | 4 | | an opportunity to present evidence and to cross-examine | 5 | | witnesses at the hearing, but the county may impose reasonable | 6 | | restrictions on the public hearing, including reasonable time | 7 | | limitations on the presentation of evidence and the | 8 | | cross-examination of witnesses. The county shall also allow | 9 | | public comment at the public hearing in accordance with the | 10 | | Open Meetings Act. The county shall make its siting and | 11 | | permitting decisions not more than 30 days after the | 12 | | conclusion of the public hearing. Notice of the hearing shall | 13 | | be published in a newspaper of general circulation in the | 14 | | county. A facility owner must enter into an agricultural | 15 | | impact mitigation agreement with the Department of Agriculture | 16 | | prior to the date of the required public hearing. A commercial | 17 | | wind energy facility owner seeking an extension of a permit | 18 | | granted by a county prior to July 24, 2015 (the effective date | 19 | | of Public Act 99-132) must enter into an agricultural impact | 20 | | mitigation agreement with the Department of Agriculture prior | 21 | | to a decision by the county to grant the permit extension. | 22 | | Counties may allow test wind towers or test solar energy | 23 | | systems to be sited without formal approval by the county | 24 | | board. | 25 | | (d) A county with an existing zoning ordinance in conflict | 26 | | with this Section shall amend that zoning ordinance to be in |
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| 1 | | compliance with this Section within 120 days after January 27, | 2 | | 2023 ( the effective date of Public Act 102-1123) this | 3 | | amendatory Act of the 102nd General Assembly . | 4 | | (e) A county may require: | 5 | | (1) a wind tower of a commercial wind energy facility | 6 | | to be sited as follows, with setback distances measured | 7 | | from the center of the base of the wind tower: | 8 | | Setback Description Setback Distance | 9 | | Occupied Community 2.1 times the maximum blade tip | 10 | | Buildings height of the wind tower to the | 11 | | nearest point on the outside | 12 | | wall of the structure | 13 | | Participating Residences 1.1 times the maximum blade tip | 14 | | height of the wind tower to the | 15 | | nearest point on the outside | 16 | | wall of the structure | 17 | | Nonparticipating Residences 2.1 times the maximum blade tip | 18 | | height of the wind tower to the | 19 | | nearest point on the outside | 20 | | wall of the structure | 21 | | Boundary Lines of None |
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| 1 | | Participating Property | 2 | | Boundary Lines of 1.1 times the maximum blade tip | 3 | | Nonparticipating Property height of the wind tower to the | 4 | | nearest point on the property | 5 | | line of the nonparticipating | 6 | | property | 7 | | Public Road Rights-of-Way 1.1 times the maximum blade tip | 8 | | height of the wind tower | 9 | | to the center point of the | 10 | | public road right-of-way | 11 | | Overhead Communication and 1.1 times the maximum blade tip | 12 | | Electric Transmission height of the wind tower to the | 13 | | and Distribution Facilities nearest edge of the property | 14 | | (Not Including Overhead line, easement, or | 15 | | Utility Service Lines to right-of-way right of way | 16 | | Individual Houses or containing the overhead line | 17 | | Outbuildings) | 18 | | Overhead Utility Service None | 19 | | Lines to Individual | 20 | | Houses or Outbuildings | 21 | | Fish and Wildlife Areas 2.1 times the maximum blade |
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| 1 | | and Illinois Nature tip height of the wind tower | 2 | | Preserve Commission to the nearest point on the | 3 | | Protected Lands property line of the fish and | 4 | | wildlife area or protected | 5 | | land | 6 | | This Section does not exempt or excuse compliance with | 7 | | electric facility clearances approved or required by the | 8 | | National Electrical Code, The National Electrical Safety | 9 | | Code, Illinois Commerce Commission, Federal Energy | 10 | | Regulatory Commission, and their designees or successors. | 11 | | (2) a wind tower of a commercial wind energy facility | 12 | | to be sited so that industry standard computer modeling | 13 | | indicates that any occupied community building or | 14 | | nonparticipating residence will not experience more than | 15 | | 30 hours per year of shadow flicker under planned | 16 | | operating conditions; | 17 | | (3) a commercial solar energy facility to be sited as | 18 | | follows, with setback distances measured from the nearest | 19 | | edge of any component of the facility: | 20 | | Setback Description Setback Distance | 21 | | Occupied Community 150 feet from the nearest | 22 | | Buildings and Dwellings on point on the outside wall | 23 | | Nonparticipating Properties of the structure |
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| 1 | | Boundary Lines of None | 2 | | Participating Property | 3 | | Public Road Rights-of-Way 50 feet from the nearest | 4 | | edge | 5 | | Boundary Lines of 50 feet to the nearest | 6 | | Nonparticipating Property point on the property | 7 | | line of the nonparticipating | 8 | | property | 9 | | (4) a commercial solar energy facility to be sited so | 10 | | that the facility's perimeter is enclosed by fencing | 11 | | having a height of at least 6 feet and no more than 25 | 12 | | feet; and | 13 | | (5) a commercial solar energy facility to be sited so | 14 | | that no component of a solar panel has a height of more | 15 | | than 20 feet above ground when the solar energy facility's | 16 | | arrays are at full tilt. | 17 | | The requirements set forth in this subsection (e) may be | 18 | | waived subject to the written consent of the owner of each | 19 | | affected nonparticipating property. | 20 | | (f) A county may not set a sound limitation for wind towers | 21 | | in commercial wind energy facilities or any components in | 22 | | commercial solar energy facilities facility that is more |
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| 1 | | restrictive than the sound limitations established by the | 2 | | Illinois Pollution Control Board under 35 Ill. Adm. Code Parts | 3 | | 900, 901, and 910. | 4 | | (g) A county may not place any restriction on the | 5 | | installation or use of a commercial wind energy facility or a | 6 | | commercial solar energy facility unless it adopts an ordinance | 7 | | that complies with this Section. A county may not establish | 8 | | siting standards for supporting facilities that preclude | 9 | | development of commercial wind energy facilities or commercial | 10 | | solar energy facilities. | 11 | | A request for siting approval or a special use permit for a | 12 | | commercial wind energy facility or a commercial solar energy | 13 | | facility, or modification of an approved siting or special use | 14 | | permit, shall be approved if the request is in compliance with | 15 | | the standards and conditions imposed in this Act, the zoning | 16 | | ordinance adopted consistent with this Code, and the | 17 | | conditions imposed under State and federal statutes and | 18 | | regulations. | 19 | | (h) A county may not adopt zoning regulations that | 20 | | disallow, permanently or temporarily, commercial wind energy | 21 | | facilities or commercial solar energy facilities from being | 22 | | developed or operated in any district zoned to allow | 23 | | agricultural or industrial uses. | 24 | | (i) A county may not require permit application fees for a | 25 | | commercial wind energy facility or commercial solar energy | 26 | | facility that are unreasonable. All application fees imposed |
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| 1 | | by the county shall be consistent with fees for projects in the | 2 | | county with similar capital value and cost. | 3 | | (j) Except as otherwise provided in this Section, a county | 4 | | shall not require standards for construction, decommissioning, | 5 | | or deconstruction of a commercial wind energy facility or | 6 | | commercial solar energy facility or related financial | 7 | | assurances that are more restrictive than those included in | 8 | | the Department of Agriculture's standard wind farm | 9 | | agricultural impact mitigation agreement, template 81818, or | 10 | | standard solar agricultural impact mitigation agreement, | 11 | | version 8.19.19, as applicable and in effect on December 31, | 12 | | 2022. The amount of any decommissioning payment shall be | 13 | | limited to the cost identified in the decommissioning or | 14 | | deconstruction plan, as required by those agricultural impact | 15 | | mitigation agreements, minus the salvage value of the project. | 16 | | (k) A county may not condition approval of a commercial | 17 | | wind energy facility or commercial solar energy facility on a | 18 | | property value guarantee and may not require a facility owner | 19 | | to pay into a neighboring property devaluation escrow account. | 20 | | (l) A county may require certain vegetative screening | 21 | | surrounding a commercial wind energy facility or commercial | 22 | | solar energy facility but may not require earthen berms or | 23 | | similar structures. | 24 | | (m) A county may set blade tip height limitations for wind | 25 | | towers in commercial wind energy facilities but may not set a | 26 | | blade tip height limitation that is more restrictive than the |
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| 1 | | height allowed under a Determination of No Hazard to Air | 2 | | Navigation by the Federal Aviation Administration under 14 CFR | 3 | | Part 77. | 4 | | (m-5) Notwithstanding subsection (m), a county may set | 5 | | blade tip height limitations for wind towers in commercial | 6 | | wind energy facilities near a restricted landing area, as that | 7 | | term is defined in Section 8 of the Illinois Aeronautics Act, | 8 | | to ensure compliance with 92 Ill. Adm. Code 14.730, including | 9 | | those referenced illustrations and appendix. | 10 | | (n) A county may require that a commercial wind energy | 11 | | facility owner or commercial solar energy facility owner | 12 | | provide: | 13 | | (1) the results and recommendations from consultation | 14 | | with the Illinois Department of Natural Resources that are | 15 | | obtained through the Ecological Compliance Assessment Tool | 16 | | (EcoCAT) or a comparable successor tool; and | 17 | | (2) the results of the United States Fish and Wildlife | 18 | | Service's Information for Planning and Consulting | 19 | | environmental review or a comparable successor tool that | 20 | | is consistent with (i) the "U.S. Fish and Wildlife | 21 | | Service's Land-Based Wind Energy Guidelines" and (ii) any | 22 | | applicable United States Fish and Wildlife Service solar | 23 | | wildlife guidelines that have been subject to public | 24 | | review. | 25 | | (o) A county may require a commercial wind energy facility | 26 | | or commercial solar energy facility to adhere to the |
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| 1 | | recommendations provided by the Illinois Department of Natural | 2 | | Resources in an EcoCAT natural resource review report under 17 | 3 | | Ill. Adm. Admin. Code Part 1075. | 4 | | (p) A county may require a facility owner to: | 5 | | (1) demonstrate avoidance of protected lands as | 6 | | identified by the Illinois Department of Natural Resources | 7 | | and the Illinois Nature Preserve Commission; or | 8 | | (2) consider the recommendations of the Illinois | 9 | | Department of Natural Resources for setbacks from | 10 | | protected lands, including areas identified by the | 11 | | Illinois Nature Preserve Commission. | 12 | | (q) A county may require that a facility owner provide | 13 | | evidence of consultation with the Illinois State Historic | 14 | | Preservation Office to assess potential impacts on | 15 | | State-registered historic sites under the Illinois State | 16 | | Agency Historic Resources Preservation Act. | 17 | | (r) To maximize community benefits, including, but not | 18 | | limited to, reduced stormwater runoff, flooding, and erosion | 19 | | at the ground mounted solar energy system, improved soil | 20 | | health, and increased foraging habitat for game birds, | 21 | | songbirds, and pollinators, a county may (1) require a | 22 | | commercial solar energy facility owner to plant, establish, | 23 | | and maintain for the life of the facility vegetative ground | 24 | | cover, consistent with the goals of the Pollinator-Friendly | 25 | | Solar Site Act and (2) require the submittal of a vegetation | 26 | | management plan in the application to construct and operate a |
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| 1 | | commercial solar energy facility in the county. | 2 | | No later than 90 days after January 27, 2023 ( the | 3 | | effective date of Public Act 102-1123) this amendatory Act of | 4 | | the 102nd General Assembly , the Illinois Department of Natural | 5 | | Resources shall develop guidelines for vegetation management | 6 | | plans that may be required under this subsection for | 7 | | commercial solar energy facilities. The guidelines must | 8 | | include guidance for short-term and long-term property | 9 | | management practices that provide and maintain native and | 10 | | non-invasive naturalized perennial vegetation to protect the | 11 | | health and well-being of pollinators. | 12 | | (s) If a facility owner enters into a road use agreement | 13 | | with the Illinois Department of Transportation, a road | 14 | | district, or other unit of local government relating to a | 15 | | commercial wind energy facility or a commercial solar energy | 16 | | facility, the road use agreement shall require the facility | 17 | | owner to be responsible for (i) the reasonable cost of | 18 | | improving roads used by the facility owner to construct the | 19 | | commercial wind energy facility or the commercial solar energy | 20 | | facility and (ii) the reasonable cost of repairing roads used | 21 | | by the facility owner during construction of the commercial | 22 | | wind energy facility or the commercial solar energy facility | 23 | | so that those roads are in a condition that is safe for the | 24 | | driving public after the completion of the facility's | 25 | | construction. Roadways improved in preparation for and during | 26 | | the construction of the commercial wind energy facility or |
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| 1 | | commercial solar energy facility shall be repaired and | 2 | | restored to the improved condition at the reasonable cost of | 3 | | the developer if the roadways have degraded or were damaged as | 4 | | a result of construction-related activities. | 5 | | The road use agreement shall not require the facility | 6 | | owner to pay costs, fees, or charges for road work that is not | 7 | | specifically and uniquely attributable to the construction of | 8 | | the commercial wind energy facility or the commercial solar | 9 | | energy facility. Road-related fees, permit fees, or other | 10 | | charges imposed by the Illinois Department of Transportation, | 11 | | a road district, or other unit of local government under a road | 12 | | use agreement with the facility owner shall be reasonably | 13 | | related to the cost of administration of the road use | 14 | | agreement. | 15 | | (t) Notwithstanding any other provision of law, a facility | 16 | | owner with siting approval from a county to construct a | 17 | | commercial wind energy facility or a commercial solar energy | 18 | | facility is authorized to cross or impact a drainage system, | 19 | | including, but not limited to, drainage tiles, open drainage | 20 | | districts, culverts, and water gathering vaults, owned or | 21 | | under the control of a drainage district under the Illinois | 22 | | Drainage Code without obtaining prior agreement or approval | 23 | | from the drainage district, except that the facility owner | 24 | | shall repair or pay for the repair of all damage to the | 25 | | drainage system caused by the construction of the commercial | 26 | | wind energy facility or the commercial solar energy facility |
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| 1 | | within a reasonable time after construction of the commercial | 2 | | wind energy facility or the commercial solar energy facility | 3 | | is complete. | 4 | | (u) The amendments to this Section adopted in Public Act | 5 | | 102-1123 do not apply to: (1) an application for siting | 6 | | approval or for a special use permit for a commercial wind | 7 | | energy facility or commercial solar energy facility if the | 8 | | application was submitted to a unit of local government before | 9 | | January 27, 2023 ( the effective date of Public Act 102-1123) | 10 | | this amendatory Act of the 102nd General Assembly ; (2) a | 11 | | commercial wind energy facility or a commercial solar energy | 12 | | facility if the facility owner has submitted an agricultural | 13 | | impact mitigation agreement to the Department of Agriculture | 14 | | before January 27, 2023 ( the effective date of Public Act | 15 | | 102-1123) this amendatory Act of the 102nd General Assembly ; | 16 | | or (3) a commercial wind energy or commercial solar energy | 17 | | development on property that is located within an enterprise | 18 | | zone certified under the Illinois Enterprise Zone Act, that | 19 | | was classified as industrial by the appropriate zoning | 20 | | authority on or before January 27, 2023, and that is located | 21 | | within 4 miles of the intersection of Interstate 88 and | 22 | | Interstate 39. | 23 | | (Source: P.A. 102-1123, eff. 1-27-23; 103-81, eff. 6-9-23; | 24 | | revised 9-25-23.) |
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