97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
SB1314

 

Introduced 2/8/2011, by Sen. Jeffrey M. Schoenberg

 

SYNOPSIS AS INTRODUCED:
 
New Act

    Creates the Offshore Wind Energy Facilities Advisory Council Act. Creates the Offshore Wind Energy Facilities Advisory Council as a separate entity within the Department of Natural Resources. Provides that the Advisory Council shall consist of the Director of Natural Resources, the Director of the Illinois Environmental Protection Agency, the Director of the Illinois Power Agency, the Chairman of the Illinois Commerce Commission, and certain other public members selected by the Director of Natural Resources. Provides that members of the Advisory Council shall serve without compensation, but may be reimbursed for actual and necessary expenses incurred in the performance of their official duties as members of the Advisory Council. Provides that the Offshore Wind Advisory Council shall examine certain topics related to offshore wind energy facilities on Lake Michigan and report its findings and recommendations to the Governor and General Assembly by June 30, 2012. Provides that the Act shall be repealed on July 1, 2012. Effective July 1, 2011.


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FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

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1    AN ACT concerning wind energy.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 1. Short title. This Act may be cited as the
5Offshore Wind Energy Facilities Advisory Council Act.
 
6    Section 5. Definitions. In this Act:
7    "Advisory Council" means the Offshore Wind Energy
8Facilities Advisory Council created under this Act.
9    "Aquatic environment" means the physical, chemical,
10atmospheric, and biological components, conditions, and
11factors that interactively determine the productivity, state,
12condition, and quality of the aquatic ecosystem of the Great
13Lakes.
14    "Commercial activities" means site assessment activities,
15construction of an offshore wind energy facility, commercial
16operations, and decommissioning.
17    "Commercial operations" means all activities located on or
18in unpatented bottomlands or above, on, in, or under waters of
19Lake Michigan associated with the generation, storage, or
20transmission of electricity or other energy product from an
21existing offshore wind energy facility, for distribution,
22sale, or other commercial use.
23    "Decommissioning" means removal of structures authorized

 

 

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1under a construction and operations permit and restoration of
2leased bottomlands and waters to their prerelease condition.
3"Decommissioning" does not mean the replacement of portions of
4an existing offshore wind energy facility.
5    "Department" means the Illinois Department of Natural
6Resources.
7    "Local government" means county, township, or
8municipality.
9    "Offshore wind energy facility" means any electrical
10energy producing wind turbines connected to the electric power
11grid by transmission lines and permanently or temporarily
12attached to unpatented bottomlands, including any associated
13structures such as support towers, permanently moored vessels,
14interturbine cables, electric service platforms, and export
15cables, but not including transmission lines. Any group of such
16installations that includes a primary installation with one or
17more secondary installations is a single offshore wind energy
18facility for purposes of this Act, unless the Department
19determines that the complexity of the secondary installations
20justifies their classifications as one or more separate
21offshore wind energy facilities.
 
22    Section 10. The Offshore Wind Energy Facilities Advisory
23Council.
24    (a) The Offshore Wind Energy Facilities Advisory Council is
25created as a separate entity within the Department of Natural

 

 

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1Resources and shall consist of the Directors or Chairman of the
2following 4 State agencies:
3        (1) The Director of Natural Resources.
4        (2) The Director of the Illinois Environmental
5    Protection Agency.
6        (3) The Director of the Illinois Power Agency.
7        (4) The Chairman of the Illinois Commerce Commission.
8    (b) The Director of Natural Resources shall serve as
9chairperson of the Council. The chairperson shall select the
10following 8 public members to serve on the Advisory Council:
11        (1) One individual representing a statewide
12    environmental organization.
13        (2) One individual representing the tourism industry.
14        (3) One individual representing the commercial
15    shipping industry.
16        (4) One individual representing an electrical utility
17    industry.
18        (5) One individual representing the commercial fishing
19    industry.
20        (6) One individual representing an independent
21    transmission company.
22        (7) One individual representing the wind energy
23    industry.
24        (8) One individual representing local government
25    officials.
26    (c) Members of the Advisory Council shall serve without

 

 

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1compensation, but may be reimbursed for actual and necessary
2expenses incurred in the performance of their official duties
3as members of the Advisory Council.
 
4    Section 15. Duties of the Offshore Wind Energy Facilities
5Advisory Council. The Offshore Wind Advisory Council shall
6examine the following topics:
7        (1) The location and site assessment for offshore wind
8    facilities, including permits for such facilities, and the
9    role of local government.
10        (2) Potential impacts on Lake Michigan's aquatic
11    environment including (A) identification of critical
12    habitat for endangered species of animals and plants and
13    (B) environmental monitoring.
14        (3) Leasing of bottomland parcels for commercial
15    activities and operations including lease auctions.
16        (4) Identification of areas unsuitable for commercial
17    development.
18        (5) Cable connection to the electric grid of wind
19    generation facilities including offshore transformers.
20        (6) Assessment of federal and State laws affecting the
21    development of offshore wind generation.
22The Offshore Wind Advisory Council shall assess and make
23recommendations on these topics and report its findings and
24recommendations to the Governor and General Assembly by June
2530, 2012.
 

 

 

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1    Section 20. Repeal of Act. This Act shall be repealed on
2July 1, 2012.
 
3    Section 99. Effective date. This Act takes effect July 1,
42011.