102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
SB1602

 

Introduced 2/26/2021, by Sen. Bill Cunningham

 

SYNOPSIS AS INTRODUCED:
 
55 ILCS 5/5-12020

    Amends the Counties Code. Provides that there shall be at least one public hearing during which public comment shall be taken regarding the application for siting approval or a special use permit for a commercial wind energy facility. Provides that the public hearing shall be noticed and commence not more than 45 days after the filing of an application for siting approval or a special use permit for a commercial wind energy facility. Provides that the county board shall make its siting decision not more than 30 days after the conclusion of the public hearing or the conclusion of the special use permit hearing by the zoning board of appeals. Removes a provision that allows any part of a county zoning ordinance pertaining to wind farms that is in effect before August 16, 2007 to continue in effect notwithstanding the provision of the Section. Provides that a county with an existing zoning ordinance in conflict with the provisions shall amend such zoning ordinance to be in compliance within 120 days after the effective date of the amendatory Act. Specifies setback requirements, blade tip height limitations, and sound limitations. Provides that a county may not place any restriction on the installation or use of a commercial wind energy facility, except by adopting an ordinance that complies with the provisions, and may not establish siting standards for supporting facilities that preclude development of commercial wind energy facilities. Limits home rule powers. Defines terms. Makes other changes.


LRB102 10904 AWJ 16234 b

HOME RULE NOTE ACT MAY APPLY

 

 

A BILL FOR

 

SB1602LRB102 10904 AWJ 16234 b

1    AN ACT concerning local government.
 
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
5Section 5-12020 as follows:
 
6    (55 ILCS 5/5-12020)
7    Sec. 5-12020. Wind farms, electric-generating wind
8devices, and commercial wind energy facilities.
9    (a) As used in this Section:
10    "Commercial wind energy facility" has the meaning assigned
11to it by Section 10 of the Renewable Energy Facilities
12Agricultural Impact Mitigation Act.
13    "Facility owner" means (i) a person with a direct
14ownership interest in a wind energy system, regardless of
15whether the person was involved in acquiring the necessary
16rights, permits, and approvals or otherwise planning for the
17construction and operation of a wind energy system; or (ii) at
18the time a wind energy system is being developed, a person who
19is acting as a wind energy system developer by acquiring the
20necessary rights, permits, and approvals for or by planning
21for the construction and operation of a wind energy system,
22regardless of whether the person will own or operate the wind
23energy system.

 

 

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1    "Nonparticipating property" means real property that is
2not a participating property.
3    "Nonparticipating residence" means an occupied residence
4on nonparticipating property that is existing and occupied as
5of the date of filing of a permit application by the commercial
6wind energy facility.
7    "Occupied community building" means a school, place of
8worship, daycare facility, public library, or community center
9that is existing and occupied as of the date of filing of a
10permit application by the commercial wind energy facility.
11    "Participating property" means real property that is the
12subject of a written agreement between the facility owner and
13the owner of such real property that provides the facility
14owner an easement, option, lease, license, or other agreement
15for the purpose of constructing a wind tower or supporting
16facilities on such real property.
17    "Participating residence" means an occupied residence on
18participating property.
19    "Supporting facilities" means the associated transmission
20lines, substations, access roads, meteorological towers, and
21other equipment related to the generation of electricity from
22the commercial wind energy facility.
23    "Wind tower" means the wind turbine tower, nacelle, and
24blades.
25    (b) Notwithstanding any other provision of law or whether
26the county has formed a zoning commission and adopted formal

 

 

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1zoning under Section 5-12007, a county may establish standards
2for wind farms and electric-generating wind devices. The
3standards may include all of the requirements specified in
4subsections (e) through (i), but may not include requirements
5for wind farms and electric-generating wind devices that are
6more restrictive than specified in subsections (e) through (i)
7, without limitation, the height of the devices and the number
8of devices that may be located within a geographic area. A
9county may also regulate the siting of wind farms and
10electric-generating wind devices in unincorporated areas of
11the county outside of the zoning jurisdiction of a
12municipality and the 1.5 mile radius surrounding the zoning
13jurisdiction of a municipality on terms that are not more
14restrictive than the requirements specified in subsections (e)
15through (i). This Section applies to home rule and non-home
16rule counties and is a limitation under subsection (i) of
17Section 6 of Article VII of the Illinois Constitution on the
18concurrent exercise by home rule units of powers and functions
19exercised by the State.
20    (c) There shall be at least one public hearing during
21which public comment shall be taken regarding the application
22for siting approval or a special use permit for a commercial
23wind energy facility. The public hearing shall be noticed and
24commence not more than 45 days after the filing of an
25application for siting approval or a special use permit for a
26commercial wind energy facility. The county board shall make

 

 

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1its siting decision not more than 30 days after the conclusion
2of the public hearing or the conclusion of the special use
3permit hearing by the zoning board of appeals prior to a siting
4decision by the county board. Notice of the hearing shall be
5published in a newspaper of general circulation in the county.
6A commercial wind energy facility owner, as defined in the
7Renewable Energy Facilities Agricultural Impact Mitigation
8Act, must enter into an agricultural impact mitigation
9agreement with the Department of Agriculture prior to the date
10of the required public hearing. A commercial wind energy
11facility owner seeking an extension of a permit granted by a
12county prior to July 24, 2015 (the effective date of Public Act
1399-132) must enter into an agricultural impact mitigation
14agreement with the Department of Agriculture prior to a
15decision by the county to grant the permit extension. Counties
16may allow test wind towers to be sited without formal approval
17by the county board. Any provision of a county zoning
18ordinance pertaining to wind farms that is in effect before
19August 16, 2007 (the effective date of Public Act 95-203) may
20continue in effect notwithstanding any requirements of this
21Section.
22    (d) A county with an existing zoning ordinance in conflict
23with this Section shall amend such zoning ordinance to be in
24compliance with this Section within 120 days after the
25effective date of this amendatory Act of the 102nd General
26Assembly.

 

 

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1    (e) A county may not require:
2        (1) a wind tower or other renewable energy system to
3    be sited as follows, with setback distances measured from
4    the center of the base of the wind tower: that is used
5    exclusively by an end user to be setback more than 1.1
6    times the height of the renewable energy system from the
7    end user's property line.
 
8Setback Description           Setback Distance
 
9Occupied Community            2.1 times the maximum blade tip
10Buildings                     height to the nearest point
11                              on the outside wall of
12                              the structure
 
13Participating Residences      1.1 times the maximum blade tip
14                              height to the nearest point
15                              on the outside wall of
16                              the structure
 
17Nonparticipating Residences   2.1 times the maximum blade tip
18                              height to the nearest point
19                              on the outside wall of
20                              the structure
 
21Participating Property Lines  None
 

 

 

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1Nonparticipating Property     1.1 times the maximum blade tip
2Lines                         height to the nearest point
3                              on the property line
 
4Public Road Right-of-Way      1.1 times the maximum blade tip
5                              height to the center point
6                              of the public road right-of-way
 
7Overhead Communication and    1.1 times the maximum blade tip
8Electric Transmission — Not   height to the center point
9including utility service     of the easement containing
10lines to individual houses    the overhead line
11or outbuildings
 
12Overhead Utility Service      None
13Lines — Lines to individual
14houses or outbuildings
 
15        (2) a wind tower to be sited in a manner such that
16    industry standard computer modeling indicates that any
17    occupied community building or nonparticipating residence
18    will not experience more than 30 hours per year of shadow
19    flicker under planned operating conditions.
20    The requirements set forth in this subsection (e) may be
21waived subject to the written consent of the owner of the

 

 

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1affected nonparticipating property.
2    (f) A county may not set a blade tip height limitation that
3is more restrictive than the height allowed under a
4Determination of No Hazard to Air Navigation by the Federal
5Aviation Administration under 14 CFR Part 77.
6    (g) A county may not set a sound limitation that is more
7restrictive than the sound limitations established by the
8Illinois Pollution Control Board under 35 Ill. Adm. Code 900,
9901, and 910.
10    (h) A county may not place any restriction, either
11directly or in effect, on the installation or use of a
12commercial wind energy facility, except by adopting an
13ordinance, that complies with this Section and may not
14establish siting standards for supporting facilities that
15preclude development of commercial wind energy facilities.
16    (i) Only a county may establish standards for wind farms,
17electric-generating wind devices, wind towers, supporting
18facilities, and commercial wind energy facilities, as that
19term is defined in Section 10 of the Renewable Energy
20Facilities Agricultural Impact Mitigation Act, in
21unincorporated areas of the county outside of the zoning
22jurisdiction of a municipality and outside the 1.5 mile radius
23surrounding the zoning jurisdiction of a municipality.
24    (j) This Section does not apply to a commercial wind
25energy facility that began construction or was approved by a
26political subdivision before the effective date of this

 

 

SB1602- 8 -LRB102 10904 AWJ 16234 b

1amendatory Act of the 102nd General Assembly.
2(Source: P.A. 100-598, eff. 6-29-18; 101-4, eff. 4-19-19.)