Bill Amendment: IL HB4651 | 2017-2018 | 100th General Assembly
NOTE: For additional amemendments please see the Bill Drafting List
Bill Title: AGR-RENEWABLE ENERGY FACILITY
Status: 2019-01-08 - Session Sine Die [HB4651 Detail]
Download: Illinois-2017-HB4651-House_Amendment_001.html
Bill Title: AGR-RENEWABLE ENERGY FACILITY
Status: 2019-01-08 - Session Sine Die [HB4651 Detail]
Download: Illinois-2017-HB4651-House_Amendment_001.html
| |||||||
| |||||||
| |||||||
1 | AMENDMENT TO HOUSE BILL 4651
| ||||||
2 | AMENDMENT NO. ______. Amend House Bill 4651 by replacing | ||||||
3 | everything after the enacting clause with the following:
| ||||||
4 | "Section 5. The Counties Code is amended by changing | ||||||
5 | Section 5-12020 as follows:
| ||||||
6 | (55 ILCS 5/5-12020) | ||||||
7 | Sec. 5-12020. Wind farms. Notwithstanding any other | ||||||
8 | provision of law, a county may establish standards for wind | ||||||
9 | farms and electric-generating wind devices. The standards may | ||||||
10 | include, without limitation, the height of the devices and the | ||||||
11 | number of devices that may be located within a geographic area. | ||||||
12 | A county may also regulate the siting of wind farms and | ||||||
13 | electric-generating wind devices in unincorporated areas of | ||||||
14 | the county outside of the zoning jurisdiction of a municipality | ||||||
15 | and the 1.5 mile radius surrounding the zoning jurisdiction of | ||||||
16 | a municipality. There shall be at least one public hearing not |
| |||||||
| |||||||
1 | more than 30 days prior to a siting decision by the county | ||||||
2 | board. Notice of the hearing shall be published in a newspaper | ||||||
3 | of general circulation in the county. A commercial wind energy | ||||||
4 | facility owner, as defined in the Renewable Wind Energy | ||||||
5 | Facilities Agricultural Impact Mitigation Act, must enter into | ||||||
6 | an agricultural impact mitigation agreement with the | ||||||
7 | Department of Agriculture prior to the date of the required | ||||||
8 | public hearing. A commercial wind energy facility owner seeking | ||||||
9 | an extension of a permit granted by a county prior to July 24, | ||||||
10 | 2015 (the effective date of Public Act 99-132) must enter into | ||||||
11 | an agricultural impact mitigation agreement with the | ||||||
12 | Department of Agriculture prior to a decision by the county to | ||||||
13 | grant the permit extension. Counties may allow test wind towers | ||||||
14 | to be sited without formal approval by the county board. Any | ||||||
15 | provision of a county zoning ordinance pertaining to wind farms | ||||||
16 | that is in effect before August 16, 2007 (the effective date of | ||||||
17 | Public Act 95-203) may continue in effect notwithstanding any | ||||||
18 | requirements of this Section. | ||||||
19 | A county may not require a wind tower or other renewable | ||||||
20 | energy system that is used exclusively by an end user to be | ||||||
21 | setback more than 1.1 times the height of the renewable energy | ||||||
22 | system from the end user's property line.
| ||||||
23 | (Source: P.A. 99-123, eff. 1-1-16; 99-132, eff. 7-24-15; | ||||||
24 | 99-642, eff. 7-28-16.)
| ||||||
25 | Section 10. The Illinois Municipal Code is amended by |
| |||||||
| |||||||
1 | changing Section 11-13-26 as follows:
| ||||||
2 | (65 ILCS 5/11-13-26) | ||||||
3 | Sec. 11-13-26. Wind farms. Notwithstanding any other | ||||||
4 | provision of law: | ||||||
5 | (a) A municipality may regulate wind farms and | ||||||
6 | electric-generating wind devices within its zoning | ||||||
7 | jurisdiction and within the 1.5 mile radius surrounding its | ||||||
8 | zoning jurisdiction. There shall be at least one public | ||||||
9 | hearing not more than 30 days prior to a siting decision by | ||||||
10 | the corporate authorities of a municipality. Notice of the | ||||||
11 | hearing shall be published in a newspaper of general | ||||||
12 | circulation in the municipality. A commercial wind energy | ||||||
13 | facility owner, as defined in the Renewable Wind Energy | ||||||
14 | Facilities Agricultural Impact Mitigation Act, must enter | ||||||
15 | into an agricultural impact mitigation agreement with the | ||||||
16 | Department of Agriculture prior to the date of the required | ||||||
17 | public hearing. A commercial wind energy facility owner | ||||||
18 | seeking an extension of a permit granted by a municipality | ||||||
19 | prior to July 24, 2015 (the effective date of Public Act | ||||||
20 | 99-132) must enter into an agricultural impact mitigation | ||||||
21 | agreement with the Department of Agriculture prior to a | ||||||
22 | decision by the municipality to grant the permit extension. | ||||||
23 | A municipality may allow test wind towers to be sited | ||||||
24 | without formal approval by the corporate authorities of the | ||||||
25 | municipality. Test wind towers must be dismantled within 3 |
| |||||||
| |||||||
1 | years of installation. For the purposes of this Section, | ||||||
2 | "test wind towers" are wind towers that are designed solely | ||||||
3 | to collect wind generation data.
| ||||||
4 | (b) A municipality may not require a wind tower or | ||||||
5 | other renewable energy system that is used exclusively by | ||||||
6 | an end user to be setback more than 1.1 times the height of | ||||||
7 | the renewable energy system from the end user's property | ||||||
8 | line. A setback requirement imposed by a municipality on a | ||||||
9 | renewable energy system may not be more restrictive than as | ||||||
10 | provided under this subsection. This subsection is a | ||||||
11 | limitation of home rule powers and functions under | ||||||
12 | subsection (i) of Section 6 of Article VII of the Illinois | ||||||
13 | Constitution on the concurrent exercise by home rule units | ||||||
14 | of powers and functions exercised by the State. | ||||||
15 | (Source: P.A. 99-123, eff. 1-1-16; 99-132, eff. 7-24-15; | ||||||
16 | 99-642, eff. 7-28-16.)
| ||||||
17 | Section 15. The Wind Energy Facilities Agricultural Impact | ||||||
18 | Mitigation Act is amended by changing Sections 1, 5, 10, and 15 | ||||||
19 | as follows:
| ||||||
20 | (505 ILCS 147/1)
| ||||||
21 | Sec. 1. Short title. This Act may be cited as the Renewable | ||||||
22 | Wind Energy Facilities Agricultural Impact Mitigation Act.
| ||||||
23 | (Source: P.A. 99-132, eff. 7-24-15.)
|
| |||||||
| |||||||
1 | (505 ILCS 147/5)
| ||||||
2 | Sec. 5. Purpose. The primary purpose of this Act is to | ||||||
3 | promote the State's welfare by protecting landowners during the | ||||||
4 | construction and deconstruction of commercial renewable wind | ||||||
5 | energy facilities.
| ||||||
6 | (Source: P.A. 99-132, eff. 7-24-15.)
| ||||||
7 | (505 ILCS 147/10)
| ||||||
8 | Sec. 10. Definitions.
As used in this Act:
| ||||||
9 | "Abandonment of a commercial wind energy facility " means | ||||||
10 | when deconstruction has not been completed within 18 months | ||||||
11 | after the commercial wind energy facility reaches the end of | ||||||
12 | its useful life. For purposes of this definition, a commercial | ||||||
13 | wind energy facility will be presumed to have reached the end | ||||||
14 | of its useful life if (1) no electricity is generated for a | ||||||
15 | continuous period of 12 months and (2) the commercial wind | ||||||
16 | energy facility owner fails, for a period of 6 consecutive | ||||||
17 | months, to pay the landowner amounts owed in accordance with | ||||||
18 | the underlying agreement. | ||||||
19 | "Abandonment of a commercial solar energy facility" means | ||||||
20 | when deconstruction has not been completed within 6 months | ||||||
21 | after the commercial solar energy facility reaches the end of | ||||||
22 | its useful life. For purposes of this definition, a commercial | ||||||
23 | solar energy facility shall be presumed to have reached the end | ||||||
24 | of its useful life if the commercial solar energy facility | ||||||
25 | owner fails, for a period of 6 consecutive months, to pay the |
| |||||||
| |||||||
1 | landowner amounts owed in accordance with the underlying | ||||||
2 | agreement. | ||||||
3 | "Agricultural impact mitigation agreement" means an | ||||||
4 | agreement between the commercial wind energy facility owner or | ||||||
5 | the commercial solar energy facility owner and the Department | ||||||
6 | of Agriculture described in Section 15 of this Act.
| ||||||
7 | "Commercial renewable energy facility " means a commercial | ||||||
8 | wind energy facility or commercial solar energy facility as | ||||||
9 | defined in this Act. | ||||||
10 | "Commercial solar energy facility" means a solar energy | ||||||
11 | conversion facility of equal or greater than 500 kilowatts in | ||||||
12 | total nameplate generating capacity. "Commercial solar energy | ||||||
13 | facility" includes a solar energy conversion facility seeking | ||||||
14 | an extension of a permit to construct granted by a county or | ||||||
15 | municipality before the effective date of this amendatory Act | ||||||
16 | of the 100th General Assembly. "Commercial solar energy | ||||||
17 | facility" does not include a solar energy conversion facility: | ||||||
18 | (1) for which a permit to construct has been issued before the | ||||||
19 | effective date of this amendatory Act of the 100th General | ||||||
20 | Assembly; or (2) that was constructed before the effective date | ||||||
21 | of this amendatory Act of the 100th General Assembly. | ||||||
22 | "Commercial solar energy facility owner" means a private | ||||||
23 | commercial enterprise that owns or operates a commercial solar | ||||||
24 | energy facility. A commercial solar energy facility owner is | ||||||
25 | not nor shall it be deemed to be a public utility as defined in | ||||||
26 | the Public Utilities Act. |
| |||||||
| |||||||
1 | "Commercial wind energy facility" means a wind energy | ||||||
2 | conversion facility of equal or greater than 500 kilowatts in | ||||||
3 | total nameplate generating capacity. "Commercial wind energy | ||||||
4 | facility" includes a wind energy conversion facility seeking an | ||||||
5 | extension of a permit to construct granted by a county or | ||||||
6 | municipality before the effective date of this Act. "Commercial | ||||||
7 | wind energy facility" does not include a wind energy conversion | ||||||
8 | facility: (1) that has submitted a complete permit application | ||||||
9 | to a county or municipality and for which the hearing on the | ||||||
10 | completed application has commenced on the date provided in the | ||||||
11 | public hearing notice, which must be before the effective date | ||||||
12 | of this Act; (2) for which a permit to construct has been | ||||||
13 | issued before the effective date of this Act; or (3) that was | ||||||
14 | constructed before the effective date of this Act. | ||||||
15 | "Commercial wind energy facility owner" means a private | ||||||
16 | commercial enterprise that owns or operates a commercial wind | ||||||
17 | energy facility.
A commercial wind energy facility owner is not | ||||||
18 | nor shall it be deemed to be a public utility as defined in the | ||||||
19 | Public Utilities Act. | ||||||
20 | "Construction" means the installation, preparation for | ||||||
21 | installation, or repair of a commercial renewable wind energy | ||||||
22 | facility.
| ||||||
23 | "County" means the county where the commercial renewable | ||||||
24 | wind energy facility is located.
| ||||||
25 | "Deconstruction" means the removal of a commercial | ||||||
26 | renewable wind energy facility from the property of a landowner |
| |||||||
| |||||||
1 | and the restoration of that property as provided in the | ||||||
2 | agricultural impact mitigation agreement.
| ||||||
3 | "Department" means the Department of Agriculture.
| ||||||
4 | "Landowner" means any person (1) with an ownership interest | ||||||
5 | in property that is used for agricultural purposes and (2) that | ||||||
6 | is a party to an underlying agreement.
| ||||||
7 | "Underlying agreement" means the written agreement with a | ||||||
8 | landowner, including, but not limited to, an easement, option, | ||||||
9 | lease, or license, under the terms of which another person has | ||||||
10 | constructed, constructs, or intends to construct a commercial | ||||||
11 | wind energy facility or commercial solar energy facility on the | ||||||
12 | property of the landowner.
| ||||||
13 | (Source: P.A. 99-132, eff. 7-24-15.)
| ||||||
14 | (505 ILCS 147/15)
| ||||||
15 | Sec. 15. Agricultural impact mitigation agreement.
| ||||||
16 | (a) A commercial renewable wind energy facility owner of a | ||||||
17 | commercial wind energy facility or a commercial solar energy | ||||||
18 | facility that is located on landowner property shall enter into | ||||||
19 | an agricultural impact mitigation agreement with the | ||||||
20 | Department outlining construction and deconstruction standards | ||||||
21 | and policies designed to preserve the integrity of any | ||||||
22 | agricultural land that is impacted by commercial renewable wind | ||||||
23 | energy facility construction and deconstruction.
| ||||||
24 | (b) The agricultural impact mitigation agreement for a | ||||||
25 | commercial wind energy facility shall include, but is not |
| |||||||
| |||||||
1 | limited to, such items as restoration of agricultural land | ||||||
2 | affected by construction, deconstruction (including upon | ||||||
3 | abandonment of a commercial wind energy facility ), | ||||||
4 | construction staging, and storage areas; support structures; | ||||||
5 | aboveground facilities; guy wires and anchors; underground | ||||||
6 | cabling depth; topsoil replacement; protection and repair of | ||||||
7 | agricultural drainage tiles; rock removal; repair of | ||||||
8 | compaction and rutting; land leveling; prevention of soil | ||||||
9 | erosion; repair of damaged soil conservation practices; | ||||||
10 | compensation for damages to private property; clearing of trees | ||||||
11 | and brush; interference with irrigation systems; access roads; | ||||||
12 | weed control; pumping of water from open excavations; advance | ||||||
13 | notice of access to private property; indemnification of | ||||||
14 | landowners; and deconstruction plans and financial assurance | ||||||
15 | for deconstruction (including upon abandonment of a commercial | ||||||
16 | wind energy facility ).
| ||||||
17 | (b-5) The agricultural impact mitigation agreement for a | ||||||
18 | commercial solar energy facility shall include, but is not | ||||||
19 | limited to, such items as restoration of agricultural land | ||||||
20 | affected by construction, deconstruction (including upon | ||||||
21 | abandonment of a commercial solar energy facility); support | ||||||
22 | structures; aboveground facilities; guy wires and anchors; | ||||||
23 | underground cabling depth; topsoil removal and replacement; | ||||||
24 | rerouting and permanent repair of agricultural drainage tiles; | ||||||
25 | rock removal; repair of compaction and rutting; construction | ||||||
26 | during wet weather; land leveling; prevention of soil erosion; |
| |||||||
| |||||||
1 | repair of damaged soil conservation practices; compensation | ||||||
2 | for damages to private property; clearing of trees and brush; | ||||||
3 | interference with irrigation systems; access roads; weed | ||||||
4 | control; advance notice of access to private property; | ||||||
5 | indemnification of landowners; and deconstruction plans and | ||||||
6 | financial assurance for deconstruction (including upon | ||||||
7 | abandonment of a commercial wind energy facility). The | ||||||
8 | construction and deconstruction of any commercial solar energy | ||||||
9 | facility shall be in conformance with the agricultural impact | ||||||
10 | mitigation agreement. The commercial solar energy facility | ||||||
11 | owner shall enter into one agricultural impact mitigation | ||||||
12 | agreement for each county in which the commercial solar energy | ||||||
13 | facility owner will construct a commercial solar energy | ||||||
14 | facility that shall apply to any and all commercial solar | ||||||
15 | energy facilities constructed and operated in that county by | ||||||
16 | the owner. | ||||||
17 | (c) For commercial wind energy facility owners seeking a | ||||||
18 | permit from a county or municipality for the construction of a | ||||||
19 | commercial wind energy facility, the agricultural impact | ||||||
20 | mitigation agreement shall be entered into prior to the public | ||||||
21 | hearing required prior to a siting decision of a county or | ||||||
22 | municipality regarding the commercial wind energy facility. | ||||||
23 | The agricultural impact mitigation agreement is binding on any | ||||||
24 | subsequent commercial wind energy facility owner that takes | ||||||
25 | ownership of the commercial wind energy facility that is the | ||||||
26 | subject of the agreement.
|
| |||||||
| |||||||
1 | (c-5) For commercial solar energy facility owners, the | ||||||
2 | agricultural impact mitigation agreement shall be entered into | ||||||
3 | prior to the commercial solar energy facility owner executing | ||||||
4 | an underlying agreement with any landowner for the development | ||||||
5 | of a commercial solar energy facility. The commercial solar | ||||||
6 | energy facility owner shall provide to the landowner an | ||||||
7 | executed copy of the agricultural impact mitigation agreement | ||||||
8 | prior to executing the underlying agreement. If a solar energy | ||||||
9 | facility owner has executed an underlying agreement with a | ||||||
10 | landowner prior to the effective date of this amendatory Act of | ||||||
11 | the 100th General Assembly but has not been issued a permit to | ||||||
12 | construct by a county prior the effective date of this | ||||||
13 | amendatory Act of the 100th General Assembly, the parties shall | ||||||
14 | enter into the agricultural impact mitigation agreement within | ||||||
15 | 90 days after the effective date of this amendatory Act of the | ||||||
16 | 100th General Assembly. The agricultural impact mitigation | ||||||
17 | agreement is binding on any subsequent commercial solar energy | ||||||
18 | facility owner that takes ownership of the commercial solar | ||||||
19 | energy facility that is the subject of the agreement. | ||||||
20 | (d) If a commercial renewable wind energy facility owner | ||||||
21 | seeks an extension of a permit granted by a county or | ||||||
22 | municipality for the construction of a commercial wind energy | ||||||
23 | facility prior to the effective date of this Act, the | ||||||
24 | agricultural impact mitigation agreement shall be entered into | ||||||
25 | prior to a decision by the county or municipality to grant the | ||||||
26 | permit extension.
|
| |||||||
| |||||||
1 | (e) The Department shall adopt rules that are necessary and | ||||||
2 | appropriate for the implementation and administration of | ||||||
3 | agricultural impact mitigation agreements as required under | ||||||
4 | this Act.
| ||||||
5 | (f) The Department shall make available on its website a | ||||||
6 | standard agricultural impact mitigation agreement applicable | ||||||
7 | to all commercial solar energy facilities within 60 days after | ||||||
8 | the effective date of this amendatory Act of the 100th General | ||||||
9 | Assembly. | ||||||
10 | (g) Nothing in this Act shall be construed to apply to or | ||||||
11 | otherwise impair an underlying agreement for a commercial solar | ||||||
12 | energy facility entered into prior to the effective date of | ||||||
13 | this amendatory Act of the 100th General Assembly. | ||||||
14 | (Source: P.A. 99-132, eff. 7-24-15.)
| ||||||
15 | Section 99. Effective date. This Act takes effect upon | ||||||
16 | becoming law.".
|