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1 AN ACT concerning regulation.


2 Be it enacted by the People of the State of Illinois,

3represented in the General Assembly:



4 Section 1. Short title. This Act may be cited as the Wind 
5Energy Facilities Agricultural Impact Mitigation Act.

6 Section 5. Purpose. The primary purpose of this Act is to 
7promote the State's welfare by protecting landowners during the 
8construction and deconstruction of commercial wind energy 
9facilities.

10 Section 10. Definitions.
As used in this Act:

11 "Abandonment" means when deconstruction has not been 
12completed within 18 months after the commercial wind energy 
13facility reaches the end of its useful life. For purposes of 
14this definition, a commercial wind energy facility will be 
15presumed to have reached the end of its useful life if (1) no 
16electricity is generated for a continuous period of 12 months 
17and (2) the commercial wind energy facility owner fails, for a 
18period of 6 consecutive months, to pay the landowner amounts 
19owed in accordance with the underlying agreement.
20 "Agricultural impact mitigation agreement" means an 
21agreement between the commercial wind energy facility owner and 
22the Department of Agriculture described in Section 15 of this 
 
 
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1Act.

2 "Commercial wind energy facility" means a wind energy 
3conversion facility of equal or greater than 500 kilowatts in 
4total nameplate generating capacity. "Commercial wind energy 
5facility" includes a wind energy conversion facility seeking an 
6extension of a permit to construct granted by a county or 
7municipality before the effective date of this Act. "Commercial 
8wind energy facility" does not include a wind energy conversion 
9facility: (1) that has submitted a complete permit application 
10to a county or municipality and for which the hearing on the 
11completed application has commenced on the date provided in the 
12public hearing notice, which must be before the effective date 
13of this Act; (2) for which a permit to construct has been 
14issued before the effective date of this Act; or (3) that was 
15constructed before the effective date of this Act.
16 "Commercial wind energy facility owner" means a private 
17commercial enterprise that owns or operates a commercial wind 
18energy facility.

19 "Construction" means the installation, preparation for 
20installation, or repair of a commercial wind energy facility.

21 "County" means the county where the commercial wind energy 
22facility is located.

23 "Deconstruction" means the removal of a commercial wind 
24energy facility from the property of a landowner and the 
25restoration of that property as provided in the agricultural 
26impact mitigation agreement.

 
 
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1 "Department" means the Department of Agriculture.

2 "Landowner" means any person (1) with an ownership interest 
3in property that is used for agricultural purposes and (2) that 
4is a party to an underlying agreement.

5 "Underlying agreement" means the written agreement with a 
6landowner, including, but not limited to, an easement, option, 
7lease, or license, under the terms of which another person has 
8constructed, constructs, or intends to construct a commercial 
9wind energy facility on the property of the landowner.

10 Section 15. Agricultural impact mitigation agreement.

11 (a) A commercial wind energy facility owner of a commercial 
12wind energy facility located on landowner property shall enter 
13into an agricultural impact mitigation agreement with the 
14Department outlining construction and deconstruction standards 
15and policies designed to preserve the integrity of any 
16agricultural land that is impacted by commercial wind energy 
17facility construction and deconstruction.

18 (b) The agricultural impact mitigation agreement shall 
19include, but is not limited to, such items as restoration of 
20agricultural land affected by construction, deconstruction 
21(including upon abandonment), construction staging, and 
22storage areas; support structures; aboveground facilities; guy 
23wires and anchors; underground cabling depth; topsoil 
24replacement; protection and repair of agricultural drainage 
25tiles; rock removal; repair of compaction and rutting; land 
 
 
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1leveling; prevention of soil erosion; repair of damaged soil 
2conservation practices; compensation for damages to private 
3property; clearing of trees and brush; interference with 
4irrigation systems; access roads; weed control; pumping of 
5water from open excavations; advance notice of access to 
6private property; indemnification of landowners; and 
7deconstruction plans and financial assurance for 
8deconstruction (including upon abandonment).

9 (c) For commercial wind energy facility owners seeking a 
10permit from a county or municipality for the construction of a 
11commercial wind energy facility, the agricultural impact 
12mitigation agreement shall be entered into prior to the public 
13hearing required prior to a siting decision of a county or 
14municipality regarding the commercial wind energy facility. 
15The agricultural impact mitigation agreement is binding on any 
16subsequent commercial wind energy facility owner that takes 
17ownership of the commercial wind energy facility that is the 
18subject of the agreement.

19 (d) If a commercial wind energy facility owner seeks an 
20extension of a permit granted by a county or municipality for 
21the construction of a commercial wind energy facility prior to 
22the effective date of this Act, the agricultural impact 
23mitigation agreement shall be entered into prior to a decision 
24by the county or municipality to grant the permit extension.

25 (e) The Department shall adopt rules that are necessary and 
26appropriate for the implementation and administration of 
 
 
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1agricultural impact mitigation agreements as required under 
2this Act.


3 Section 90. The Counties Code is amended by changing 
4Section 5-12020 as follows:

5 (55 ILCS 5/5-12020)
6 Sec. 5-12020. Wind farms. A county may establish standards 
7for wind farms and electric-generating wind devices. The 
8standards may include, without limitation, the height of the 
9devices and the number of devices that may be located within a 
10geographic area. A county may also regulate the siting of wind 
11farms and electric-generating wind devices in unincorporated 
12areas of the county outside of the zoning jurisdiction of a 
13municipality and the 1.5 mile radius surrounding the zoning 
14jurisdiction of a municipality. There shall be at least one 
15public hearing not more than 30 days prior to a siting decision 
16by the county board. Notice of the hearing shall be published 
17in a newspaper of general circulation in the county. A 
18commercial wind energy facility owner, as defined in the Wind 
19Energy Facilities Agricultural Impact Mitigation Act, must 
20enter into an agricultural impact mitigation agreement with the 
21Department of Agriculture prior to the date of the required 
22public hearing. A commercial wind energy facility owner seeking 
23an extension of a permit granted by a county prior to the 
24effective date of this amendatory Act of the 99th General 
 
 
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1Assembly must enter into an agricultural impact mitigation 
2agreement with the Department of Agriculture prior to a 
3decision by the county to grant the permit extension. Counties 
4may allow test wind towers to be sited without formal approval 
5by the county board. Any provision of a county zoning ordinance 
6pertaining to wind farms that is in effect before the effective 
7date of this amendatory Act of the 95th General Assembly may 
8continue in effect notwithstanding any requirements of this 
9Section.
10 A county may not require a wind tower or other renewable 
11energy system that is used exclusively by an end user to be 
12setback more than 1.1 times the height of the renewable energy 
13system from the end user's property line. 

14(Source: P.A. 95-203, eff. 8-16-07; 96-306, eff. 1-1-10; 
1596-566, eff. 8-18-09; 96-1000, eff. 7-2-10.)

16 Section 95. The Illinois Municipal Code is amended by 
17changing Section 11-13-26 as follows:

18 (65 ILCS 5/11-13-26)
19 Sec. 11-13-26. Wind farms.  
20 (a) A municipality may regulate wind farms and 
21electric-generating wind devices within its zoning 
22jurisdiction and within the 1.5 mile radius surrounding its 
23zoning jurisdiction. There shall be at least one public hearing 
24not more than 30 days prior to a siting decision by the 
 
 
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1corporate authorities of a municipality. Notice of the hearing 
2shall be published in a newspaper of general circulation in the 
3municipality. A commercial wind energy facility owner, as 
4defined in the Wind Energy Facilities Agricultural Impact 
5Mitigation Act, must enter into an agricultural impact 
6mitigation agreement with the Department of Agriculture prior 
7to the date of the required public hearing. A commercial wind 
8energy facility owner seeking an extension of a permit granted 
9by a municipality prior to the effective date of this 
10amendatory Act of the 99th General Assembly must enter into an 
11agricultural impact mitigation agreement with the Department 
12of Agriculture prior to a decision by the municipality to grant 
13the permit extension. A municipality may allow test wind towers 
14to be sited without formal approval by the corporate 
15authorities of the municipality. Test wind towers must be 
16dismantled within 3 years of installation. For the purposes of 
17this Section, "test wind towers" are wind towers that are 
18designed solely to collect wind generation data.

19 (b) A municipality may not require a wind tower or other 
20renewable energy system that is used exclusively by an end user 
21to be setback more than 1.1 times the height of the renewable 
22energy system from the end user's property line. A setback 
23requirement imposed by a municipality on a renewable energy 
24system may not be more restrictive than as provided under this 
25subsection. This subsection is a limitation of home rule powers 
26and functions under subsection (i) of Section 6 of Article VII 
 
 
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1of the Illinois Constitution on the concurrent exercise by home 
2rule units of powers and functions exercised by the State. 
3(Source: P.A. 95-203, eff. 8-16-07; 96-306, eff. 1-1-10.)


4 Section 99. Effective date. This Act takes effect upon 
5becoming law.