Illinois General Assembly - Full Text of Public Act 097-0266
Illinois General Assembly

Previous General Assemblies

Public Act 097-0266





Public Act 097-0266
HB1558 EnrolledLRB097 10218 ASK 50414 b

    AN ACT concerning wind energy.
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
    Section 1. Short title. This Act may be cited as the Lake
Michigan Offshore Wind Energy Advisory Council Act.
    Section 5. Definitions. In this Act:
    "Council" means the Lake Michigan Offshore Wind Energy
Advisory Council created under this Act.
    "Department" means the Illinois Department of Natural
    "Local government" means county, township, or
    Section 10. The Lake Michigan Offshore Wind Energy
Recommendation Report.
    (a) In order to assist in the evaluation and consideration
of offshore wind energy projects in Illinois waters of Lake
Michigan, the Department shall examine the topics identified in
subsection (b) of this Section and report its findings and
recommendations to the Governor and General Assembly by June
30, 2012. During preparation of the report, the Department is
not expected to fund or perform original scientific studies.
    (b) In preparing a report, the Department shall evaluate
all of the following:
        (1) Appropriate criteria for the Department to use to
    review applications for offshore wind development of Lake
    Michigan lakebed leases.
        (2) Criteria for identifying areas that are favorable,
    acceptable, and unacceptable for offshore wind
    development, including, but not limited to, impacts to
    wildlife, protected habitats, navigation, commercial
    fisheries, and recreational uses of Lake Michigan.
        (3) A recommended process for ensuring public
    engagement in the Department's process for leasing Lake
    Michigan lakebed for offshore wind energy projects.
        (4) Options for how the State shall be compensated for
    Lake Michigan lakebed leasing.
        (5) A summary of the lessons learned from other
    domestic and international offshore wind development
    experiences, including, but not limited to, those related
    to public policy, regulatory, and siting concerns for
    offshore wind development.
        (6) Identification of local, State, and federal
    authorities with permitting, siting, or other approval
    authority for wind power development in Lake Michigan.
        (7) Recommendations for needed State legislation and
    regulations governing offshore wind farm development.
    Section 15. The Lake Michigan Offshore Wind Energy Advisory
    (a) The Council is created as a separate entity within the
Department of Natural Resources and shall consist of the
Director or Chairman, or their designee, of the following 5
State agencies:
        (1) The Department of Natural Resources.
        (2) The Illinois Environmental Protection Agency.
        (3) The Illinois Power Agency.
        (4) The Illinois Commerce Commission.
        (5) The Illinois Historic Preservation Agency.
    (b) The Director of Natural Resources shall serve as
chairperson of the Council. The chairperson shall select the
following public members to serve on the Council:
        (1) One individual representing a statewide
    environmental organization.
        (2) One individual representing the tourism industry.
        (3) One resident of the State representing an Illinois
    institution of higher education.
        (4) Two residents of the State representing lakefront
        (5) One individual representing an electrical utility
        (6) One individual representing an independent
    transmission company.
        (7) One individual representing the offshore wind
    energy industry.
        (8) One individual representing local government
        (9) One individual representing a regional
    environmental organization.
        (10) One individual representing the commercial
    fishing industry.
        (11) One individual representing the recreational
    boating community.
    (c) At his or her discretion, the chairperson may appoint
additional public members to the Council.
    (d) The Speaker of the House, Minority Leader of the House,
Senate President, and Minority Leader of the Senate shall each
appoint one member of the General Assembly to serve on the
    (e) Members of the Council shall serve without
    (f) The Council shall examine the topics identified in
subsection (b) of Section 10 of this Act and shall make
recommendations to the Department during the preparation of the
report to the General Assembly and Governor.
    Section 20. Repeal of Act. This Act shall be repealed on
July 1, 2012.
    Section 99. Effective date. This Act takes effect July 1,

Effective Date: 8/8/2011