99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
HB3523
 
Introduced , by Rep. Adam Brown
 
SYNOPSIS AS INTRODUCED:



New Act
55 ILCS 5/5-12020
65 ILCS 5/11-13-26

 Creates the Wind Energy Facilities Construction and Deconstruction Act. Requires that commercial wind energy operators of commercial wind energy facilities located on private property enter into an agricultural impact mitigation agreement with the Department of Agriculture 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. Provides that the requirement does not apply to commercial wind energy facilities already constructed or permitted by a decision of a county or municipality prior to the effective date of the Act, but does apply to any commercial wind energy facility seeking an extension or renewal of an initial permit from a county or municipality. Provides that the agricultural impact mitigation agreement shall be entered into prior to any public hearing required prior to a siting decision of a county or municipality regarding the commercial wind energy facility. Provides that the agricultural impact mitigation agreement is binding on any subsequent wind energy operator that takes ownership of the commercial wind energy facility that is the subject of the agreement. Requires that the Department of Agriculture adopt rules that are necessary and appropriate for the implementation and administration of agricultural impact mitigation agreements as required under the Act. Effective immediately. Makes conforming changes to the Counties Code and Municipal Code.



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FISCAL NOTE ACT MAY APPLY
 
 
A BILL FOR
 


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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 Construction and Deconstruction Act.

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

10 Section 10. Definitions. As used in this Act:
11 "Commercial wind energy facility" means a wind energy 
12conversion facility of equal to or greater than 500 kilowatts 
13in total nameplate generating capacity that has not already 
14been constructed or permitted by a decision of a county or 
15municipality prior to the effective date of this Act.
16 "Commercial wind energy operator" means a private 
17commercial enterprise that owns or operates a commercial wind 
18energy facility of equal to or greater than 500 kilowatts in 
19total nameplate capacity.
20 "Deconstruction" means the removal of a wind energy 
21generation facility from the property of a landowner and the 
22restoration of that property as provided in the agricultural 
 
 
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1impact mitigation agreement.
2 "Department" means the Department of Agriculture.
3 "Landowner" means any person with an ownership interest in 
4property (i) that is used for agricultural purposes and (ii) 
5that is party to an underlying agreement.
6 "Underlying agreement" means the written or oral agreement 
7with a landowner including, but not limited to, an easement, 
8option, lease, or license, under the terms of which another 
9person has constructed, constructs, or intends to construct a 
10commercial wind energy facility on the property of the 
11landowner.

12 Section 15. Agricultural impact mitigation agreement. 
13  (a) A commercial wind energy operator of a commercial wind 
14energy facility located on landowner property shall enter into 
15an agricultural impact mitigation agreement with the 
16Department outlining construction and deconstruction standards 
17and policies designed to preserve the integrity of any 
18agricultural land that is impacted by commercial wind energy 
19facility construction and deconstruction. This requirement 
20does not apply to commercial wind energy facilities already 
21constructed or permitted by a decision of a county or 
22municipality prior to the effective date of this Act, but does 
23apply to any commercial wind energy facility seeking an 
24extension or renewal of an initial permit from a county or 
25municipality.
 
 
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1 (b) The agricultural impact mitigation agreement shall 
2include, but is not limited to, such items as restoration of 
3agricultural land affected by construction, deconstruction, 
4construction staging, and storage areas; support structures; 
5aboveground facilities; guy wires and anchors; underground 
6cabling depth; topsoil replacement; protection and repair of 
7agricultural drainage tiles; rock removal; repair of 
8compaction and rutting; land leveling; prevention of soil 
9erosion; repair of damaged soil conservation practices; 
10compensation for damages to private property; clearing of trees 
11and brush; interference with irrigation systems; access roads; 
12weed control; pumping of water from open excavations; advance 
13notice of access to private property; indemnification of 
14landowners; and deconstruction plans and financial assurance 
15for deconstruction.
16 (c) The agricultural impact mitigation agreement shall be 
17entered into prior to any public hearing required prior to a 
18siting decision of a county or municipality regarding the 
19commercial wind energy facility. The agricultural impact 
20mitigation agreement is binding on any subsequent wind energy 
21operator that takes ownership of the commercial wind energy 
22facility that is the subject of the agreement.
23 (d) The Department shall adopt rules that are necessary and 
24appropriate for the implementation and administration of 
25agricultural impact mitigation agreements as required under 
26this Act.

 
 
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1 Section 20. The Counties Code is amended by changing 
2Section 5-12020 as follows:

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

6(Source: P.A. 95-203, eff. 8-16-07; 96-306, eff. 1-1-10; 
796-566, eff. 8-18-09; 96-1000, eff. 7-2-10.)

8 Section 25. The Illinois Municipal Code is amended by 
9changing Section 11-13-26 as follows:

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

5 (b) A municipality may not require a wind tower or other 
6renewable energy system that is used exclusively by an end user 
7to be setback more than 1.1 times the height of the renewable 
8energy system from the end user's property line. A setback 
9requirement imposed by a municipality on a renewable energy 
10system may not be more restrictive than as provided under this 
11subsection. This subsection is a limitation of home rule powers 
12and functions under subsection (i) of Section 6 of Article VII 
13of the Illinois Constitution on the concurrent exercise by home 
14rule units of powers and functions exercised by the State. 
15(Source: P.A. 95-203, eff. 8-16-07; 96-306, eff. 1-1-10.)


16 Section 99. Effective date. This Act takes effect upon 
17becoming law.