Public Act 099-0132

HB3523 Enrolled LRB099 09392 MLM 29599 b

AN ACT concerning regulation.

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 Wind

Energy Facilities Agricultural Impact Mitigation Act.

Section 5. Purpose. The primary purpose of this Act is to

promote the State's welfare by protecting landowners during the

construction and deconstruction of commercial wind energy

facilities.

Section 10. Definitions. As used in this Act:

"Abandonment" means when deconstruction has not been

completed within 18 months after the commercial wind energy

facility reaches the end of its useful life. For purposes of

this definition, a commercial wind energy facility will be

presumed to have reached the end of its useful life if (1) no

electricity is generated for a continuous period of 12 months

and (2) the commercial wind energy facility owner fails, for a

period of 6 consecutive months, to pay the landowner amounts

owed in accordance with the underlying agreement.

"Agricultural impact mitigation agreement" means an

agreement between the commercial wind energy facility owner and

the Department of Agriculture described in Section 15 of this

Act.

"Commercial wind energy facility" means a wind energy

conversion facility of equal or greater than 500 kilowatts in

total nameplate generating capacity. "Commercial wind energy

facility" includes a wind energy conversion facility seeking an

extension of a permit to construct granted by a county or

municipality before the effective date of this Act. "Commercial

wind energy facility" does not include a wind energy conversion

facility: (1) that has submitted a complete permit application

to a county or municipality and for which the hearing on the

completed application has commenced on the date provided in the

public hearing notice, which must be before the effective date

of this Act; (2) for which a permit to construct has been

issued before the effective date of this Act; or (3) that was

constructed before the effective date of this Act.

"Commercial wind energy facility owner" means a private

commercial enterprise that owns or operates a commercial wind

energy facility.

"Construction" means the installation, preparation for

installation, or repair of a commercial wind energy facility.

"County" means the county where the commercial wind energy

facility is located.

"Deconstruction" means the removal of a commercial wind

energy facility from the property of a landowner and the

restoration of that property as provided in the agricultural

impact mitigation agreement.

"Department" means the Department of Agriculture.

"Landowner" means any person (1) with an ownership interest

in property that is used for agricultural purposes and (2) that

is a party to an underlying agreement.

"Underlying agreement" means the written agreement with a

landowner, including, but not limited to, an easement, option,

lease, or license, under the terms of which another person has

constructed, constructs, or intends to construct a commercial

wind energy facility on the property of the landowner.

Section 15. Agricultural impact mitigation agreement.

(a) A commercial wind energy facility owner of a commercial

wind energy facility located on landowner property shall enter

into an agricultural impact mitigation agreement with the

Department outlining construction and deconstruction standards

and policies designed to preserve the integrity of any

agricultural land that is impacted by commercial wind energy

facility construction and deconstruction.

(b) The agricultural impact mitigation agreement shall

include, but is not limited to, such items as restoration of

agricultural land affected by construction, deconstruction

(including upon abandonment), construction staging, and

storage areas; support structures; aboveground facilities; guy

wires and anchors; underground cabling depth; topsoil

replacement; protection and repair of agricultural drainage

tiles; rock removal; repair of compaction and rutting; land

leveling; prevention of soil erosion; repair of damaged soil

conservation practices; compensation for damages to private

property; clearing of trees and brush; interference with

irrigation systems; access roads; weed control; pumping of

water from open excavations; advance notice of access to

private property; indemnification of landowners; and

deconstruction plans and financial assurance for

deconstruction (including upon abandonment).

(c) For commercial wind energy facility owners seeking a

permit from a county or municipality for the construction of a

commercial wind energy facility, the agricultural impact

mitigation agreement shall be entered into prior to the public

hearing required prior to a siting decision of a county or

municipality regarding the commercial wind energy facility.

The agricultural impact mitigation agreement is binding on any

subsequent commercial wind energy facility owner that takes

ownership of the commercial wind energy facility that is the

subject of the agreement.

(d) If a commercial wind energy facility owner seeks an

extension of a permit granted by a county or municipality for

the construction of a commercial wind energy facility prior to

the effective date of this Act, the agricultural impact

mitigation agreement shall be entered into prior to a decision

by the county or municipality to grant the permit extension.

(e) The Department shall adopt rules that are necessary and

appropriate for the implementation and administration of

agricultural impact mitigation agreements as required under

this Act.

Section 90. The Counties Code is amended by changing

Section 5-12020 as follows:

(55 ILCS 5/5-12020)

Sec. 5-12020. Wind farms. 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. A

commercial wind energy facility owner, as defined in the Wind

Energy Facilities Agricultural Impact Mitigation Act, must

enter into an agricultural impact mitigation agreement with the

Department of Agriculture prior to the date of the required

public hearing. A commercial wind energy facility owner seeking

an extension of a permit granted by a county prior to the

effective date of this amendatory Act of the 99th General

Assembly must enter into an agricultural impact mitigation

agreement with the Department of Agriculture prior to a

decision by the county to grant the permit extension. 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 95. 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.

(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 commercial wind energy facility owner, as

defined in the Wind Energy Facilities Agricultural Impact

Mitigation Act, must enter into an agricultural impact

mitigation agreement with the Department of Agriculture prior

to the date of the required public hearing. A commercial wind

energy facility owner seeking an extension of a permit granted

by a municipality prior to the effective date of this

amendatory Act of the 99th General Assembly must enter into an

agricultural impact mitigation agreement with the Department

of Agriculture prior to a decision by the municipality to grant

the permit extension. 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.)

Section 99. Effective date. This Act takes effect upon

becoming law.