Bill Text: IL SB3403 | 2023-2024 | 103rd General Assembly | Introduced

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Bill Title: Amends the Counties Code. Provides that, beginning June 1, 2025 and subject to Federal Aviation Administration approval to equip and operate light mitigating technology for at least 30% of the proposed wind towers included within a commercial wind energy facility, a county shall require the facility owner of a commercial wind energy facility constructed beginning in 2019 or later to install light mitigating technology at the commercial wind energy facility. Includes requirements when the light mitigating technology must be installed, and allows a facility owner to seek an extension from these requirements from the county board. Provides that a county board may impose civil penalties on the facility owner of a commercial wind energy facility that failed to comply with the requirements in the amount of $1,000 per day. Provides that the provisions do not apply to test wind towers allowed by a county that are used solely for purposes of research and testing.

Spectrum: Partisan Bill (Republican 2-0)

Status: (Introduced) 2024-03-05 - Added as Co-Sponsor Sen. Sally J. Turner [SB3403 Detail]

Download: Illinois-2023-SB3403-Introduced.html

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103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB3403 Introduced 2/8/2024, by Sen. Chapin Rose SYNOPSIS AS INTRODUCED:
55 ILCS 5/5-12020.5 new
Amends the Counties Code. Provides that, beginning June 1, 2025 and subject to Federal Aviation Administration approval to equip and operate light mitigating technology for at least 30% of the proposed wind towers included within a commercial wind energy facility, a county shall require the facility owner of a commercial wind energy facility constructed beginning in 2019 or later to install light mitigating technology at the commercial wind energy facility. Includes requirements when the light mitigating technology must be installed, and allows a facility owner to seek an extension from these requirements from the county board. Provides that a county board may impose civil penalties on the facility owner of a commercial wind energy facility that failed to comply with the requirements in the amount of $1,000 per day. Provides that the provisions do not apply to test wind towers allowed by a county that are used solely for purposes of research and testing.
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A BILL FOR
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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 adding Section
5-12020.5 as follows:
(55 ILCS 5/5-12020.5 new)
Sec. 5-12020.5. Commercial wind energy facility light
mitigating technology.
(a) As used in this Section:
"Approval from the FAA" means FAA approval to equip and
operate light mitigating technology for at least 30% of the
proposed wind towers included within a commercial wind energy
facility.
"Commercial wind energy facility", "facility owner", and
"wind tower" have the meanings given to those terms in Section
5-12020.
"FAA" means the Federal Aviation Administration of the
United States Department of Transportation.
"Light mitigating technology" means a sensor-based system
that:
(1) is designed to detect approaching aircraft;
(2) keeps the lights off when it is safe to do so; and
(3) the FAA has approved as meeting the requirements

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under Chapter 10 of the FAA's 2020 advisory circular AC
70/7460-1M, Obstruction Marking and Lighting.
(b) Beginning June 1, 2025 and subject to approval from
the FAA, a county shall require the facility owner of a
commercial wind energy facility constructed beginning in 2019
or later to install light mitigating technology at the
commercial wind energy facility. The facility owner, within 6
months after the commercial wind energy facility receives a
determination of no hazard from the FAA, or within 6 months
after the effective date of this amendatory Act if the
commercial wind energy facility received a determination of no
hazard from the FAA before the effective date of this
amendatory Act of the 103rd General Assembly, shall:
(1) apply to the FAA, any other applicable federal
agency, or both, for the installation of approved light
mitigating technology; and
(2) within 24 months after receiving approval from the
FAA under paragraph (1), subject to the availability of
light mitigating technology from the manufacturer or
supplier, install, test, and commence operation consistent
with FAA requirements or other applicable federal agency
requirements, of the light mitigating technology at the
commercial wind energy facility.
(c) The facility owner of a commercial wind energy
facility may seek an extension from the county board from the
requirements under subsection (b) for a period of up to 24

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