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 
Resources.
    "Local government" means county, township, or 
municipality.
 
    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 
Council. 
    (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 
    communities.


        (5) One individual representing an electrical utility 
    industry.
        (6) One individual representing an independent 
    transmission company.
        (7) One individual representing the offshore wind 
    energy industry.
        (8) One individual representing local government 
    officials.
        (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 
Council.


    (e) Members of the Council shall serve without 
compensation.
    (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, 
2011. 
  

Effective Date:  8/8/2011