Illinois General Assembly - Full Text of HB2753
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Full Text of HB2753  98th General Assembly


Rep. Robyn Gabel

Filed: 3/15/2013





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2    AMENDMENT NO. ______. Amend House Bill 2753 by replacing
3everything after the enacting clause with the following:
4    "Section 1. Short title. This Act may be cited as the Lake
5Michigan Wind Energy Act.
6    Section 5. Legislative findings. The General Assembly
8    (1) that Lake Michigan is a unique and treasured public
9asset that supports numerous activities for the benefit of the
10people, wildlife, and flora of the State of Illinois;
11    (2) that the bed of Lake Michigan is public land held in
12trust for the people of the State of Illinois and cannot be
13alienated to a private use or person;
14    (3) that federal and State policy, as well as the national
15security, energy, and environmental needs of the United States
16and the people of the State of Illinois, support exploration



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1and development of renewable energy resources, including
2offshore wind energy;
3    (4) that the State of Illinois is a signatory to a federal
4and multistate memorandum of understanding and is committed to
5promoting the efficient, expeditious, orderly, and responsible
6evaluation of offshore wind power projects in the Great Lakes;
7    (5) that wind above the Illinois public trust lands of Lake
8Michigan is a unique and significant renewable energy resource;
9    (6) that the development of that resource does not involve
10mining or other extraction of resources from the public trust
11lands of Lake Michigan;
12    (7) that the provision of renewable energy from offshore
13wind, if done in an environmentally responsible manner and
14without transferring ownership of any public trust lands of
15Lake Michigan, would serve a primarily public purpose
16consistent with the public trust; and
17    (8) that the Lake Michigan Offshore Wind Energy Advisory
18Council has recommended clarifying and confirming the State's
19authority to permit such development and has made other
20recommendations to further the responsible development of the
21State's wind energy resources above Lake Michigan.
22    Section 10. Definitions. As used in this Act:
23        "Public trust lands" means the bed of Lake Michigan.
24        "Department" means the Department of Natural
25    Resources.



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1    Section 15. Wind energy siting matrix. The Department shall
2develop a detailed offshore wind energy siting matrix for the
3public trust lands of Lake Michigan, which shall, at a minimum,
4identify areas that are unsuitable for wind energy development
5("prohibited areas"), areas that are most appropriate for wind
6energy development ("preferred areas"), and areas that are
7neither prohibited nor preferred for wind energy development
8but that may be considered for development upon application
9("possible areas"). The Department, in developing the wind
10energy siting matrix, shall take into consideration existing
11environmental, marine, public infrastructure, transportation,
12and security uses and factors, and may also consider other
13factors it identifies as appropriate.
14    Section 20. Offshore Wind Energy Economic Development
15Policy Task Force.
16    (a) The Governor shall convene an Offshore Wind Energy
17Economic Development Policy Task Force, to be chaired by the
18Director of Commerce and Economic Opportunity, or his or her
19designee, to analyze and evaluate policy and economic options
20to facilitate the development of offshore wind energy, and to
21propose an appropriate Illinois mechanism for purchasing and
22selling power from possible offshore wind energy projects. The
23Task Force shall examine mechanisms used in other states and
24jurisdictions, including, without limitation, feed-in-tariffs,



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1renewable energy certificates, renewable energy certificate
2carve-outs, power purchase agreements, and pilot projects. The
3Task Force shall report its findings and recommendations to the
4Governor and General Assembly by December 31, 2013.
5    (b) The Director of the Illinois Power Agency (or his or
6her designee), the Executive Director of the Illinois Commerce
7Commission (or his or her designee), the Director of Natural
8Resources (or his or her designee), and the Attorney General
9(or his or her designee) shall serve as ex officio members of
10the Task Force.
11    (c) The Governor shall appoint the following public members
12to serve on the Task Force:
13        (1) one individual from an institution of higher
14    education in Illinois representing the discipline of
15    economics with experience in the study of renewable energy;
16        (2) one individual representing an energy industry
17    with experience in renewable energy markets;
18        (3) one individual representing a Statewide consumer
19    or electric ratepayer organization;
20        (4) one individual representing the offshore wind
21    energy industry;
22        (5) one individual representing the wind energy supply
23    chain industry;
24        (6) one individual representing an Illinois electrical
25    cooperative, municipal electrical utility, or association
26    of such cooperatives or utilities;



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1        (7) one individual representing an Illinois industrial
2    union involved in the construction, maintenance, or
3    transportation of electrical generation, distribution, or
4    transmission equipment or components;
5        (8) one individual representing an Illinois commercial
6    or industrial electrical consumer;
7        (9) one individual representing an Illinois public
8    education electrical consumer;
9        (10) one individual representing an independent
10    transmission company;
11        (11) one individual from the Illinois legal community
12    with experience in contracts, utility law, municipal law,
13    and constitutional law;
14        (12) one individual representing a Great Lakes
15    regional organization with experience assessing or
16    studying wind energy;
17        (13) one individual representing a Statewide
18    environmental organization;
19        (14) one resident of the State representing an
20    organization advocating for persons of low or limited
21    incomes;
22        (15) one individual representing Argonne National
23    Laboratory; and
24        (16) one individual representing a local community
25    that has aggregated the purchase of electricity.
26    (d) The Governor may appoint additional public members to



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1the Task Force.
2    (e) The Speaker of the House of Representatives, Minority
3Leader of the House of Representatives, Senate President, and
4Minority Leader of the Senate shall each appoint one member of
5the General Assembly to serve on the Task Force.
6    (f) Members of the Task Force shall serve without
8    Section 25. Assessment permits. After finalizing the wind
9energy siting matrix required under Section 15, the Department
10may, in accordance with rules adopted by the Department
11pursuant to Section 5-40 of the Illinois Administrative
12Procedure Act and with the written approval of the Governor,
13grant in the name of the State of Illinois permits and site
14leases with respect to public trust lands of Lake Michigan for
15the assessment of sites for offshore wind energy development.
16    Section 30. Permits for wind park construction and
17operation. The Department may, in accordance with rules adopted
18by the Department pursuant to Section 5-40 of the Illinois
19Administrative Procedure Act, convert site assessment leases
20to offshore wind park construction and operation leases, upon
21an appropriate showing by the applicant that the construction
22and operation of wind energy facilities would not be
23inconsistent with the public trust.



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1    Section 35. Permit terms. The Department may insert into
2any permit or lease issued under this Act any terms that it
3deems necessary to protect the rights of the State, the public,
4lessees, and users of waters above the public trust lands of
5Lake Michigan.
6    Section 40. Rulemaking. The Department may adopt, in
7accordance with the requirements of Section 5-40 of the
8Illinois Administrative Procedure Act, any rule that is
9necessary to implement this Act. The rules adopted by the
10Department under this Section shall, at a minimum, specify
11permit fees and royalty schedules, requirements for bonding and
12guaranteeing, requirements for decommissioning, and any other
13requirements necessary for carrying out the provisions of this
15    Prior to adopting any rule under this Act, the Department
16shall consult with the Illinois Environmental Protection
17Agency, the Illinois Commerce Commission, the Illinois Power
18Agency, and the Department of Commerce and Economic
20    Section 45. Regulatory toolkit. The Department shall, in
21consultation with the Illinois Environmental Protection
22Agency, the Illinois Commerce Commission, the Illinois Power
23Agency, and the Department of Commerce and Economic
24Opportunity, prepare and publish a toolkit for advising and



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1guiding developers on the regulatory and permitting process.
2The toolkit shall, at a minimum, include a checklist of
3required State permits and an overview of estimated timelines
4and likely areas of concern.
5    Section 50. Limitation on Department Authority. Nothing
6contained in this Act shall be construed as requiring or
7permitting the Department to permanently convey any public
8trust lands for energy development.
9    Section 99. Effective date. This Act takes effect upon
10becoming law.".