SB2591 EngrossedLRB100 17172 SLF 32327 b

1    AN ACT concerning agriculture.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Counties Code is amended by changing Section
55-12020 as follows:
 
6    (55 ILCS 5/5-12020)
7    Sec. 5-12020. Wind farms. Notwithstanding any other
8provision of law, a county may establish standards for wind
9farms and electric-generating wind devices. The standards may
10include, without limitation, the height of the devices and the
11number of devices that may be located within a geographic area.
12A county may also regulate the siting of wind farms and
13electric-generating wind devices in unincorporated areas of
14the county outside of the zoning jurisdiction of a municipality
15and the 1.5 mile radius surrounding the zoning jurisdiction of
16a municipality. There shall be at least one public hearing not
17more than 30 days prior to a siting decision by the county
18board. Notice of the hearing shall be published in a newspaper
19of general circulation in the county. A commercial wind energy
20facility owner, as defined in the Renewable Wind Energy
21Facilities Agricultural Impact Mitigation Act, must enter into
22an agricultural impact mitigation agreement with the
23Department of Agriculture prior to the date of the required

 

 

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1public hearing. A commercial wind energy facility owner seeking
2an extension of a permit granted by a county prior to July 24,
32015 (the effective date of Public Act 99-132) must enter into
4an agricultural impact mitigation agreement with the
5Department of Agriculture prior to a decision by the county to
6grant the permit extension. Counties may allow test wind towers
7to be sited without formal approval by the county board. Any
8provision of a county zoning ordinance pertaining to wind farms
9that is in effect before August 16, 2007 (the effective date of
10Public Act 95-203) may continue in effect notwithstanding any
11requirements of this Section.
12    A county may not require a wind tower or other renewable
13energy system that is used exclusively by an end user to be
14setback more than 1.1 times the height of the renewable energy
15system from the end user's property line.
16(Source: P.A. 99-123, eff. 1-1-16; 99-132, eff. 7-24-15;
1799-642, eff. 7-28-16.)
 
18    Section 10. The Illinois Municipal Code is amended by
19changing Section 11-13-26 as follows:
 
20    (65 ILCS 5/11-13-26)
21    Sec. 11-13-26. Wind farms. Notwithstanding any other
22provision of law:
23        (a) A municipality may regulate wind farms and
24    electric-generating wind devices within its zoning

 

 

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1    jurisdiction and within the 1.5 mile radius surrounding its
2    zoning jurisdiction. There shall be at least one public
3    hearing not more than 30 days prior to a siting decision by
4    the corporate authorities of a municipality. Notice of the
5    hearing shall be published in a newspaper of general
6    circulation in the municipality. A commercial wind energy
7    facility owner, as defined in the Renewable Wind Energy
8    Facilities Agricultural Impact Mitigation Act, must enter
9    into an agricultural impact mitigation agreement with the
10    Department of Agriculture prior to the date of the required
11    public hearing. A commercial wind energy facility owner
12    seeking an extension of a permit granted by a municipality
13    prior to July 24, 2015 (the effective date of Public Act
14    99-132) must enter into an agricultural impact mitigation
15    agreement with the Department of Agriculture prior to a
16    decision by the municipality to grant the permit extension.
17    A municipality may allow test wind towers to be sited
18    without formal approval by the corporate authorities of the
19    municipality. Test wind towers must be dismantled within 3
20    years of installation. For the purposes of this Section,
21    "test wind towers" are wind towers that are designed solely
22    to collect wind generation data.
23        (b) A municipality may not require a wind tower or
24    other renewable energy system that is used exclusively by
25    an end user to be setback more than 1.1 times the height of
26    the renewable energy system from the end user's property

 

 

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1    line. A setback requirement imposed by a municipality on a
2    renewable energy system may not be more restrictive than as
3    provided under this subsection. This subsection is a
4    limitation of home rule powers and functions under
5    subsection (i) of Section 6 of Article VII of the Illinois
6    Constitution on the concurrent exercise by home rule units
7    of powers and functions exercised by the State.
8(Source: P.A. 99-123, eff. 1-1-16; 99-132, eff. 7-24-15;
999-642, eff. 7-28-16.)
 
10    Section 15. The Wind Energy Facilities Agricultural Impact
11Mitigation Act is amended by changing Sections 1, 5, 10, and 15
12as follows:
 
13    (505 ILCS 147/1)
14    Sec. 1. Short title. This Act may be cited as the Renewable
15Wind Energy Facilities Agricultural Impact Mitigation Act.
16(Source: P.A. 99-132, eff. 7-24-15.)
 
17    (505 ILCS 147/5)
18    Sec. 5. Purpose. The primary purpose of this Act is to
19promote the State's welfare by protecting landowners during the
20construction and deconstruction of commercial renewable wind
21energy facilities.
22(Source: P.A. 99-132, eff. 7-24-15.)
 

 

 

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1    (505 ILCS 147/10)
2    Sec. 10. Definitions. As used in this Act:
3    "Abandonment of a commercial wind energy facility" means
4when deconstruction has not been completed within 18 months
5after the commercial wind energy facility reaches the end of
6its useful life. For purposes of this definition, a commercial
7wind energy facility will be presumed to have reached the end
8of its useful life if (1) no electricity is generated for a
9continuous period of 12 months and (2) the commercial wind
10energy facility owner fails, for a period of 6 consecutive
11months, to pay the landowner amounts owed in accordance with
12the underlying agreement.
13    "Abandonment of a commercial solar energy facility" means
14when deconstruction has not been completed within 12 months
15after the commercial solar energy facility reaches the end of
16its useful life. For purposes of this definition, a commercial
17solar energy facility shall be presumed to have reached the end
18of its useful life if the commercial solar energy facility
19owner fails, for a period of 6 consecutive months, to pay the
20landowner amounts owed in accordance with the underlying
21agreement.
22    "Agricultural impact mitigation agreement" means an
23agreement between the commercial wind energy facility owner or
24the commercial solar energy facility owner and the Department
25of Agriculture described in Section 15 of this Act.
26    "Commercial renewable energy facility " means a commercial

 

 

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1wind energy facility or commercial solar energy facility as
2defined in this Act.
3    "Commercial solar energy facility" means a solar energy
4conversion facility equal to or greater than 500 kilowatts in
5total nameplate capacity, including a solar energy conversion
6facility seeking an extension of a permit to construct granted
7by a county or municipality before the effective date of this
8amendatory Act of the 100th General Assembly. "Commercial solar
9energy facility" does not include a solar energy conversion
10facility: (1) for which a permit to construct has been issued
11before the effective date of this amendatory Act of the 100th
12General Assembly; (2) that is located on land owned by the
13commercial solar energy facility owner; (3) that was
14constructed before the effective date of this amendatory Act of
15the 100th General Assembly; or (4) that is located on the
16customer side of the customer's electric meter and is primarily
17used to offset that customer's electricity load and is limited
18in nameplate capacity to less than or equal to 2,000 kilowatts.
19    "Commercial solar energy facility owner" means a private
20commercial enterprise that owns a commercial solar energy
21facility. A commercial solar energy facility owner is not nor
22shall it be deemed to be a public utility as defined in the
23Public Utilities Act.
24    "Commercial wind energy facility" means a wind energy
25conversion facility of equal or greater than 500 kilowatts in
26total nameplate generating capacity. "Commercial wind energy

 

 

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1facility" includes a wind energy conversion facility seeking an
2extension of a permit to construct granted by a county or
3municipality before the effective date of this Act. "Commercial
4wind energy facility" does not include a wind energy conversion
5facility: (1) that has submitted a complete permit application
6to a county or municipality and for which the hearing on the
7completed application has commenced on the date provided in the
8public hearing notice, which must be before the effective date
9of this Act; (2) for which a permit to construct has been
10issued before the effective date of this Act; or (3) that was
11constructed before the effective date of this Act.
12    "Commercial wind energy facility owner" means a private
13commercial enterprise that owns or operates a commercial wind
14energy facility. A commercial wind energy facility owner is not
15nor shall it be deemed to be a public utility as defined in the
16Public Utilities Act.
17    "Construction" means the installation, preparation for
18installation, or repair of a commercial renewable wind energy
19facility.
20    "County" means the county where the commercial renewable
21wind energy facility is located.
22    "Deconstruction" means the removal of a commercial
23renewable wind energy facility from the property of a landowner
24and the restoration of that property as provided in the
25agricultural impact mitigation agreement.
26    "Department" means the Department of Agriculture.

 

 

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1    "Landowner" means any person (1) with an ownership interest
2in property that is used for agricultural purposes and (2) that
3is a party to an underlying agreement.
4    "Underlying agreement" means the written agreement with a
5landowner, including, but not limited to, an easement, option,
6lease, or license, under the terms of which another person has
7constructed, constructs, or intends to construct a commercial
8wind energy facility or commercial solar energy facility on the
9property of the landowner.
10(Source: P.A. 99-132, eff. 7-24-15.)
 
11    (505 ILCS 147/15)
12    Sec. 15. Agricultural impact mitigation agreement.
13    (a) A commercial renewable wind energy facility owner of a
14commercial wind energy facility or a commercial solar energy
15facility that is located on landowner property shall enter into
16an agricultural impact mitigation agreement with the
17Department outlining construction and deconstruction standards
18and policies designed to preserve the integrity of any
19agricultural land that is impacted by commercial renewable wind
20energy facility construction and deconstruction. The
21construction and deconstruction of any commercial solar energy
22facility shall be in conformance with the Department's standard
23agricultural impact mitigation agreement referenced in
24subsection (f) of this Section. Except as provided in
25subsection (a-5) of this Section, the terms and conditions of

 

 

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1the Department's standard agricultural impact mitigation
2agreement are subject to and may be modified by an underlying
3agreement between the landowner and the commercial solar energy
4facility owner.
5    (a-5) Prior to the commencement of construction, a
6commercial solar energy facility owner shall submit to the
7county in which the commercial solar facility is to be located
8a deconstruction plan. A commercial solar energy facility owner
9shall provide the county with an appropriate financial
10assurance mechanism consistent with the Department's standard
11agricultural impact mitigation agreement for and to assure
12deconstruction in the event of an abandonment of a commercial
13solar energy facility.
14    (b) The agricultural impact mitigation agreement for a
15commercial wind energy facility shall include, but is not
16limited to, such items as restoration of agricultural land
17affected by construction, deconstruction (including upon
18abandonment of a commercial wind energy facility),
19construction staging, and storage areas; support structures;
20aboveground facilities; guy wires and anchors; underground
21cabling depth; topsoil replacement; protection and repair of
22agricultural drainage tiles; rock removal; repair of
23compaction and rutting; land leveling; prevention of soil
24erosion; repair of damaged soil conservation practices;
25compensation for damages to private property; clearing of trees
26and brush; interference with irrigation systems; access roads;

 

 

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1weed control; pumping of water from open excavations; advance
2notice of access to private property; indemnification of
3landowners; and deconstruction plans and financial assurance
4for deconstruction (including upon abandonment of a commercial
5wind energy facility).
6    (b-5) The agricultural impact mitigation agreement for a
7commercial solar energy facility shall include, but is not
8limited to, such items as restoration of agricultural land
9affected by construction, deconstruction (including upon
10abandonment of a commercial solar energy facility); support
11structures; aboveground facilities; guy wires and anchors;
12underground cabling depth; topsoil removal and replacement;
13rerouting and permanent repair of agricultural drainage tiles;
14rock removal; repair of compaction and rutting; construction
15during wet weather; land leveling; prevention of soil erosion;
16repair of damaged soil conservation practices; compensation
17for damages to private property; clearing of trees and brush;
18access roads; weed control; advance notice of access to private
19property; indemnification of landowners; and deconstruction
20plans and financial assurance for deconstruction (including
21upon abandonment of a commercial solar energy facility). The
22commercial solar energy facility owner shall enter into one
23agricultural impact mitigation agreement for each commercial
24solar energy facility.
25    (c) For commercial wind energy facility owners seeking a
26permit from a county or municipality for the construction of a

 

 

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1commercial wind energy facility, the agricultural impact
2mitigation agreement shall be entered into prior to the public
3hearing required prior to a siting decision of a county or
4municipality regarding the commercial wind energy facility.
5The agricultural impact mitigation agreement is binding on any
6subsequent commercial wind energy facility owner that takes
7ownership of the commercial wind energy facility that is the
8subject of the agreement.
9    (c-5) A commercial solar energy facility owner shall, not
10less than 45 days prior to commencement of actual construction,
11submit to the Department a standard agricultural impact
12mitigation agreement as referenced in subsection (f) of this
13Section signed by the commercial solar energy facility owner
14and including all information required by the Department. The
15commercial solar energy facility owner shall provide either a
16copy of that submitted agreement or a copy of the fully
17executed project-specific agricultural impact mitigation
18agreement to the landowner not less than 30 days prior to the
19commencement of construction. The agricultural impact
20mitigation agreement is binding on any subsequent commercial
21solar energy facility owner that takes ownership of the
22commercial solar energy facility that is the subject of the
23agreement.
24    (d) If a commercial renewable wind energy facility owner
25seeks an extension of a permit granted by a county or
26municipality for the construction of a commercial wind energy

 

 

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1facility prior to the effective date of this Act, the
2agricultural impact mitigation agreement shall be entered into
3prior to a decision by the county or municipality to grant the
4permit extension.
5    (e) The Department may shall adopt rules that are necessary
6and appropriate for the implementation and administration of
7agricultural impact mitigation agreements as required under
8this Act.
9    (f) The Department shall make available on its website a
10standard agricultural impact mitigation agreement applicable
11to all commercial solar energy facilities within 60 days after
12the effective date of this amendatory Act of the 100th General
13Assembly.
14    (g) Nothing in this amendatory Act of the 100th General
15Assembly and nothing in an agricultural impact mitigation
16agreement shall be construed to apply to or otherwise impair an
17underlying agreement for a commercial solar energy facility
18entered into prior to the effective date of this amendatory Act
19of the 100th General Assembly.
20(Source: P.A. 99-132, eff. 7-24-15.)
 
21    Section 99. Effective date. This Act takes effect upon
22becoming law.