HB3592 97TH GENERAL ASSEMBLY

LRB097 08751 ASK 48880 b

97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB3592

Introduced 2/24/2011, by Rep. Michelle Mussman

SYNOPSIS AS INTRODUCED:

New Act
55 ILCS 5/5-1063.5 new
65 ILCS 5/11-30-11 new
415 ILCS 5/40.3 new

Creates the Grow Green Illinois Jobs Act. Provides that notwithstanding the provisions of any other Act, any State agency or unit of local government shall expedite permitting and approval for the siting and location of machinery and equipment used directly in generating electricity using fuel cells, low impact hydro, wind, geothermal resources, biomass, cogeneration, sun or landfill gas as the principal source of power within its jurisdictional or regulatory authority. Provides that in order to receive certification or approval for expedited permitting and approval under the Act, a person proposing to site a renewable energy project in the State shall meet the certain construction standards and conduct certain public workshops. Provides that issuance of a certificate or approval under the Act shall not be construed to preempt jurisdiction of any State agency or unit of local government over matters that are not included in and governed by the certificate, including, but not limited to, employee health and safety, wage and hour or other labor regulations, or other design and operational issues that do not relate to the siting of the renewable energy facilities. Provides that the provisions of the Act shall no longer apply on January 1, 2013 or, if an application for a renewable energy project in the State has been filed before January 1, 2013, until the application has been finally acted upon, whichever is later. Sets forth provisions concerning legislative intent and purpose and definitions. Amends the Counties Code, the Illinois Municipal Code, the Environmental Protection Act to make corresponding changes.

FISCAL NOTE ACT MAY APPLY

HOME RULE NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning local government.

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 Grow Green Illinois Jobs Act.

Section 5. Legislative intent and purpose. The purpose of this Act is to speed the creation of green jobs in Illinois by requiring local governments and the State to expedite permits for renewable energy projects. It is the intent of this Act that local units of government and State agencies expedite permit applications and provide for public meetings on these applications in an accelerated and timely fashion.

Section 10. Definitions. As used in this Act:

"Fuel cell" means an electrochemical reaction that generates electricity by combining atoms of hydrogen and oxygen in the presence of a catalyst.

"Landfill" means a landfill as defined in Section 22.6 of the Environmental Protection Act.

"Landfill gas" means biomass fuel of the type qualified for federal tax credits under 26 U.S.C. 29 collected from a landfill or gas recovered and processed from a landfill gas recovery facility as defined in Section 3.260 of the Environmental Protection Act.

"Low impact hydro" means an electric generating facility utilizing water for the generation of electricity, housed in existing canals or existing reservoirs and having a power production capacity of 25 kilowatts or greater.

"Machinery and equipment" means industrial fixtures, devices, and support facilities that are integral and necessary to the generation of electricity using fuel cells, low impact hydro, wind, geothermal resources, biomass, cogeneration, sun, or landfill gas as the principal source of power. "Machinery and equipment" does not include: (1) hand-powered tools; (2) property with a useful life of less than one year; (3) repair parts required to restore machinery and equipment to normal working order; (4) replacement parts that do not increase productivity, improve efficiency, or extend the useful life of machinery and equipment; (5) buildings; or (6) building fixtures that are not integral and necessary to the generation of electricity that are permanently affixed to and become a physical part of a building.

Section 15. Expedited permitting and approval process.

(a) Notwithstanding the provisions of any other Act, any State agency or unit of local government shall expedite permitting and approval for the siting and location of machinery and equipment used directly in generating electricity using fuel cells, low impact hydro, wind, geothermal resources, biomass, cogeneration, sun, or landfill gas as the principal source of power within its jurisdictional or regulatory authority. The permitting and approval of such projects shall be a priority of each State agency or unit of local government.

For purposes of this Act, machinery and equipment shall be considered to be used directly in generating electricity with fuel cells or by low impact hydro, wind energy, geothermal resources, biomass, cogeneration, solar energy, or landfill gas power if it provides any part of the process that captures the energy of the fuel cells, low impact hydro, wind, geothermal resources, biomass, cogeneration, sun, or landfill gas, converts that energy to electricity, and stores, transforms, or transmits that electricity for entry into or operation in parallel with electric transmission and distribution systems.

(b) In order to receive certification or approval for expedited permitting and approval under this Act, a person proposing to site a renewable energy project in the State shall meet the following requirements:

(1) Certify his or her will to construct, install, operate, and maintain its facility in compliance with the most current edition of the National Electrical Safety Code published by the Institute of Electrical and Electronic Engineers Standards Association. Projects shall be constructed and operated in a manner to best accommodate the public and to prevent interference with service furnished by other public utilities insofar as practical.

(2) Conduct informal public workshops at locations along or near the proposed facility. The purpose of the workshop is:

(A) to provide information about the project and the process for obtaining construction authority;

(B) to allow the developer and State or unit of local government to dispense information concerning the renewable energy project application; and

(C) to advise interested persons on how to participate in the State or local unit of government's review proceeding.

Notice of the public workshops shall be issued a minimum of 14 days prior to the workshop to newspapers of general circulation and radio and television stations in the affected area.

(c) Issuance of a certificate or approval under this Act shall not be construed to preempt jurisdiction of any State agency or unit of local government over matters that are not included in and governed by the certificate, including, but not limited to, employee health and safety, wage and hour or other labor regulations, or other design and operational issues that do not relate to the siting of the renewable energy facilities.

Section 20. Application. The provisions of this Act shall no longer apply on January 1, 2013 or, if an application for a renewable energy project in the State has been filed before January 1, 2013, until the application has been finally acted upon, whichever is later.

Section 100. The Counties Code is amended by adding Section 5-1063.5 as follows:

(55 ILCS 5/5-1063.5 new)

Sec. 5-1063.5. Expedited permitting under the Grow Green Illinois Jobs Act. Notwithstanding any provision under this Act, any county shall expedite any permitting and approval required by that county for the siting and location of machinery and equipment used directly in generating electricity using fuel cells, low impact hydro, wind, geothermal resources, biomass, cogeneration, sun, or landfill gas as the principal source of power within its jurisdictional or regulatory authority if the person proposing to site a renewable energy project in the State meets the requirements of Section 15 of the Grow Green Illinois Jobs Act.

For the purposes of this Section, machinery and equipment shall be considered to be used directly in generating electricity with fuel cells or by low impact hydro, wind energy, geothermal resources, biomass, cogeneration, solar energy or landfill gas power if it provides any part of the process that captures the energy of the fuel cells, low impact hydro, wind, geothermal resources, biomass, cogeneration, sun, or landfill gas, converts that energy to electricity, and stores, transforms, or transmits that electricity for entry into or operation in parallel with electric transmission and distribution systems.

Section 200. The Illinois Municipal Code is amended by adding Section 11-30-11 as follows:

(65 ILCS 5/11-30-11 new)

Sec. 11-30-11. Expedited permitting under the Grow Green Illinois Jobs Act. Notwithstanding any provision under this Act, any municipality shall expedite any permitting and approval required by that municipality for the siting and location of machinery and equipment used directly in generating electricity using fuel cells, low impact hydro, wind, geothermal resources, biomass, cogeneration, sun, or landfill gas as the principal source of power within its jurisdictional or regulatory authority if the person proposing to site a renewable energy project in the State meets the requirements of Section 15 of the Grow Green Illinois Jobs Act.

For the purposes of this Section, machinery and equipment shall be considered to be used directly in generating electricity with fuel cells or by low impact hydro, wind energy, geothermal resources, biomass, cogeneration, solar energy or landfill gas power if it provides any part of the process that captures the energy of the fuel cells, low impact hydro, wind, geothermal resources, biomass, cogeneration, sun, or landfill gas, converts that energy to electricity, and stores, transforms, or transmits that electricity for entry into or operation in parallel with electric transmission and distribution systems.

Section 300. The Environmental Protection Act is amended by adding Section 40.3 as follows:

(415 ILCS 5/40.3 new)

Sec. 40.3. Expedited permitting under the Grow Green Illinois Jobs Act. Notwithstanding any provision under this Act, any State agency or unit of local government shall expedite any permitting and approval required for the siting and location of machinery and equipment used directly in generating electricity using fuel cells, low impact hydro, wind, geothermal resources, biomass, cogeneration, sun, or landfill gas as the principal source of power within its jurisdictional or regulatory authority if the person proposing to site a renewable energy project in the State meets the requirements of Section 15 of the Grow Green Illinois Jobs Act.

For the purposes of this Section, machinery and equipment shall be considered to be used directly in generating electricity with fuel cells or by low impact hydro, wind energy, geothermal resources, biomass, cogeneration, solar energy or landfill gas power if it provides any part of the process that captures the energy of the fuel cells, low impact hydro, wind, geothermal resources, biomass, cogeneration, sun, or landfill gas, converts that energy to electricity, and stores, transforms, or transmits that electricity for entry into or operation in parallel with electric transmission and distribution systems.