Bill Amendment: IL SB0920 | 2015-2016 | 99th General Assembly
NOTE: For additional amemendments please see the Bill Drafting List
Bill Title: COUNTY/MUNICIPAL-WIND FARMS
Status: 2015-07-23 - Public Act . . . . . . . . . 99-0123 [SB0920 Detail]
Download: Illinois-2015-SB0920-Senate_Amendment_001.html
Bill Title: COUNTY/MUNICIPAL-WIND FARMS
Status: 2015-07-23 - Public Act . . . . . . . . . 99-0123 [SB0920 Detail]
Download: Illinois-2015-SB0920-Senate_Amendment_001.html
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1 | AMENDMENT TO SENATE BILL 920
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2 | AMENDMENT NO. ______. Amend Senate Bill 920 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The Counties Code is amended by changing | ||||||
5 | Section 5-12020 as follows:
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6 | (55 ILCS 5/5-12020) | ||||||
7 | Sec. 5-12020. Wind farms. Notwithstanding any other | ||||||
8 | provision of law, a 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 |
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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. Counties may allow test | ||||||
4 | wind towers to be sited without formal approval by the county | ||||||
5 | board. Any provision of a county zoning ordinance pertaining to | ||||||
6 | wind farms that is in effect before the effective date of this | ||||||
7 | amendatory Act of the 95th General Assembly may continue in | ||||||
8 | effect notwithstanding any requirements of this Section. | ||||||
9 | A county may not require a wind tower or other renewable | ||||||
10 | energy system that is used exclusively by an end user to be | ||||||
11 | setback more than 1.1 times the height of the renewable energy | ||||||
12 | system from the end user's property line.
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13 | (Source: P.A. 95-203, eff. 8-16-07; 96-306, eff. 1-1-10; | ||||||
14 | 96-566, eff. 8-18-09; 96-1000, eff. 7-2-10.)
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15 | Section 10. The Illinois Municipal Code is amended by | ||||||
16 | changing Section 11-13-26 as follows:
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17 | (65 ILCS 5/11-13-26) | ||||||
18 | Sec. 11-13-26. Wind farms. Notwithstanding any other | ||||||
19 | provision of law: | ||||||
20 | (a) A municipality may regulate wind farms and | ||||||
21 | electric-generating wind devices within its zoning | ||||||
22 | jurisdiction and within the 1.5 mile radius surrounding its | ||||||
23 | zoning jurisdiction. There shall be at least one public hearing | ||||||
24 | not more than 30 days prior to a siting decision by the |
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1 | corporate authorities of a municipality. Notice of the hearing | ||||||
2 | shall be published in a newspaper of general circulation in the | ||||||
3 | municipality. A municipality may allow test wind towers to be | ||||||
4 | sited without formal approval by the corporate authorities of | ||||||
5 | the municipality. Test wind towers must be dismantled within 3 | ||||||
6 | years of installation. For the purposes of this Section, "test | ||||||
7 | wind towers" are wind towers that are designed solely to | ||||||
8 | collect wind generation data.
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9 | (b) A municipality may not require a wind tower or other | ||||||
10 | renewable energy system that is used exclusively by an end user | ||||||
11 | to be setback more than 1.1 times the height of the renewable | ||||||
12 | energy system from the end user's property line. A setback | ||||||
13 | requirement imposed by a municipality on a renewable energy | ||||||
14 | system may not be more restrictive than as provided under this | ||||||
15 | subsection. This subsection is a limitation of home rule powers | ||||||
16 | and functions under subsection (i) of Section 6 of Article VII | ||||||
17 | of the Illinois Constitution on the concurrent exercise by home | ||||||
18 | rule units of powers and functions exercised by the State. | ||||||
19 | (Source: P.A. 95-203, eff. 8-16-07; 96-306, eff. 1-1-10.)".
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