Public Act 099-0123
 
SB0920 EnrolledLRB099 05509 AWJ 25545 b

    AN ACT concerning local government.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Counties Code is amended by changing Section
5-12020 as follows:
 
    (55 ILCS 5/5-12020)
    Sec. 5-12020. Wind farms. Notwithstanding any other
provision of law, a A county may establish standards for wind
farms and electric-generating wind devices. The standards may
include, without limitation, the height of the devices and the
number of devices that may be located within a geographic area.
A county may also regulate the siting of wind farms and
electric-generating wind devices in unincorporated areas of
the county outside of the zoning jurisdiction of a municipality
and the 1.5 mile radius surrounding the zoning jurisdiction of
a municipality. There shall be at least one public hearing not
more than 30 days prior to a siting decision by the county
board. Notice of the hearing shall be published in a newspaper
of general circulation in the county. Counties may allow test
wind towers to be sited without formal approval by the county
board. Any provision of a county zoning ordinance pertaining to
wind farms that is in effect before the effective date of this
amendatory Act of the 95th General Assembly may continue in
effect notwithstanding any requirements of this Section.
    A county may not require a wind tower or other renewable
energy system that is used exclusively by an end user to be
setback more than 1.1 times the height of the renewable energy
system from the end user's property line.
(Source: P.A. 95-203, eff. 8-16-07; 96-306, eff. 1-1-10;
96-566, eff. 8-18-09; 96-1000, eff. 7-2-10.)
 
    Section 10. The Illinois Municipal Code is amended by
changing Section 11-13-26 as follows:
 
    (65 ILCS 5/11-13-26)
    Sec. 11-13-26. Wind farms. Notwithstanding any other
provision of law:
    (a) A municipality may regulate wind farms and
electric-generating wind devices within its zoning
jurisdiction and within the 1.5 mile radius surrounding its
zoning jurisdiction. There shall be at least one public hearing
not more than 30 days prior to a siting decision by the
corporate authorities of a municipality. Notice of the hearing
shall be published in a newspaper of general circulation in the
municipality. A municipality may allow test wind towers to be
sited without formal approval by the corporate authorities of
the municipality. Test wind towers must be dismantled within 3
years of installation. For the purposes of this Section, "test
wind towers" are wind towers that are designed solely to
collect wind generation data.
    (b) A municipality may not require a wind tower or other
renewable energy system that is used exclusively by an end user
to be setback more than 1.1 times the height of the renewable
energy system from the end user's property line. A setback
requirement imposed by a municipality on a renewable energy
system may not be more restrictive than as provided under this
subsection. This subsection is a limitation of home rule powers
and functions under subsection (i) of Section 6 of Article VII
of the Illinois Constitution on the concurrent exercise by home
rule units of powers and functions exercised by the State.
(Source: P.A. 95-203, eff. 8-16-07; 96-306, eff. 1-1-10.)