HB2753 Engrossed LRB098 10899 JDS 41429 b
1		AN ACT concerning energy.
2		Be it enacted by the People of the State of Illinois,
3		represented in the General Assembly:
4		Section 1. Short title. This Act may be cited as the Lake
5		Michigan Wind Energy Act.
6		Section 5. Legislative findings. The General Assembly
7		finds:
8		(1) that Lake Michigan is a unique and treasured public
9		asset that supports numerous activities for the benefit of the
10		people, wildlife, and flora of the State of Illinois;
11		(2) that the bed of Lake Michigan is public land held in
12		trust for the people of the State of Illinois and cannot be
13		alienated to a private use or person;
14		(3) that federal and State policy, as well as the national
15		security, energy, and environmental needs of the United States
16		and the people of the State of Illinois, support exploration
17		and development of renewable energy resources, including
18		offshore wind energy;
19		(4) that the State of Illinois is a signatory to a federal
20		and multistate memorandum of understanding and is committed to
21		promoting the efficient, expeditious, orderly, and responsible
22		evaluation of offshore wind power projects in the Great Lakes;
23		(5) that wind above the Illinois public trust lands of Lake

HB2753 Engrossed - 2 - LRB098 10899 JDS 41429 b
1		Michigan is a unique and significant renewable energy resource;
2		(6) that the development of that resource does not involve
3		mining or other extraction of resources from the public trust
4		lands of Lake Michigan;
5		(7) that the provision of renewable energy from offshore
6		wind, if done in an environmentally responsible manner and
7		without transferring ownership of any public trust lands of
8		Lake Michigan, would serve a primarily public purpose
9		consistent with the public trust; and
10		(8) that the Lake Michigan Offshore Wind Energy Advisory
11		Council has recommended clarifying and confirming the State's
12		authority to permit such development and has made other
13		recommendations to further the responsible development of the
14		State's wind energy resources above Lake Michigan.
15		Section 10. Definitions. As used in this Act:
16		"Public trust lands" means the bed of Lake Michigan.
17		"Department" means the Department of Natural
18		Resources.
19		Section 15. Wind energy siting matrix. The Department shall
20		develop a detailed offshore wind energy siting matrix for the
21		public trust lands of Lake Michigan, which shall, at a minimum,
22		identify areas that are unsuitable for wind energy development
23		("prohibited areas"), areas that are most appropriate for wind
24		energy development ("preferred areas"), and areas that are

HB2753 Engrossed - 3 - LRB098 10899 JDS 41429 b
1		neither prohibited nor preferred for wind energy development
2		but that may be considered for development upon application
3		("possible areas"). The Department, in developing the wind
4		energy siting matrix, shall take into consideration existing
5		environmental, marine, public infrastructure, transportation,
6		and security uses and factors, and may also consider other
7		factors it identifies as appropriate.
8		Section 20. Offshore Wind Energy Economic Development
9		Policy Task Force.
10		(a) The Governor shall convene an Offshore Wind Energy
11		Economic Development Policy Task Force, to be chaired by the
12		Director of Commerce and Economic Opportunity, or his or her
13		designee, to analyze and evaluate policy and economic options
14		to facilitate the development of offshore wind energy, and to
15		propose an appropriate Illinois mechanism for purchasing and
16		selling power from possible offshore wind energy projects. The
17		Task Force shall examine mechanisms used in other states and
18		jurisdictions, including, without limitation, feed-in-tariffs,
19		renewable energy certificates, renewable energy certificate
20		carve-outs, power purchase agreements, and pilot projects. The
21		Task Force shall report its findings and recommendations to the
22		Governor and General Assembly by December 31, 2013.
23		(b) The Director of the Illinois Power Agency (or his or
24		her designee), the Executive Director of the Illinois Commerce
25		Commission (or his or her designee), the Director of Natural

HB2753 Engrossed - 4 - LRB098 10899 JDS 41429 b
1		Resources (or his or her designee), and the Attorney General
2		(or his or her designee) shall serve as ex officio members of
3		the Task Force.
4		(c) The Governor shall appoint the following public members
5		to serve on the Task Force:
6		(1) one individual from an institution of higher
7		education in Illinois representing the discipline of
8		economics with experience in the study of renewable energy;
9		(2) one individual representing an energy industry
10		with experience in renewable energy markets;
11		(3) one individual representing a Statewide consumer
12		or electric ratepayer organization;
13		(4) one individual representing the offshore wind
14		energy industry;
15		(5) one individual representing the wind energy supply
16		chain industry;
17		(6) one individual representing an Illinois electrical
18		cooperative, municipal electrical utility, or association
19		of such cooperatives or utilities;
20		(7) one individual representing an Illinois industrial
21		union involved in the construction, maintenance, or
22		transportation of electrical generation, distribution, or
23		transmission equipment or components;
24		(8) one individual representing an Illinois commercial
25		or industrial electrical consumer;
26		(9) one individual representing an Illinois public

HB2753 Engrossed - 5 - LRB098 10899 JDS 41429 b
1		education electrical consumer;
2		(10) one individual representing an independent
3		transmission company;
4		(11) one individual from the Illinois legal community
5		with experience in contracts, utility law, municipal law,
6		and constitutional law;
7		(12) one individual representing a Great Lakes
8		regional organization with experience assessing or
9		studying wind energy;
10		(13) one individual representing a Statewide
11		environmental organization;
12		(14) one resident of the State representing an
13		organization advocating for persons of low or limited
14		incomes;
15		(15) one individual representing Argonne National
16		Laboratory; and
17		(16) one individual representing a local community
18		that has aggregated the purchase of electricity.
19		(d) The Governor may appoint additional public members to
20		the Task Force.
21		(e) The Speaker of the House of Representatives, Minority
22		Leader of the House of Representatives, Senate President, and
23		Minority Leader of the Senate shall each appoint one member of
24		the General Assembly to serve on the Task Force.
25		(f) Members of the Task Force shall serve without
26		compensation.

HB2753 Engrossed - 6 - LRB098 10899 JDS 41429 b
1		Section 25. Assessment permits. After finalizing the wind
2		energy siting matrix required under Section 15, the Department
3		may, in accordance with rules adopted by the Department
4		pursuant to Section 5-40 of the Illinois Administrative
5		Procedure Act and with the written approval of the Governor,
6		grant in the name of the State of Illinois permits and site
7		leases with respect to public trust lands of Lake Michigan for
8		the assessment of sites for offshore wind energy development.
9		Section 30. Permits for wind park construction and
10		operation. The Department may, in accordance with rules adopted
11		by the Department pursuant to Section 5-40 of the Illinois
12		Administrative Procedure Act, convert site assessment leases
13		to offshore wind park construction and operation leases, upon
14		an appropriate showing by the applicant that the construction
15		and operation of wind energy facilities would not be
16		inconsistent with the public trust.
17		Section 35. Permit terms. The Department may insert into
18		any permit or lease issued under this Act any terms that it
19		deems necessary to protect the rights of the State, the public,
20		lessees, and users of waters above the public trust lands of
21		Lake Michigan.
22		Section 40. Rulemaking. The Department may adopt, in

HB2753 Engrossed - 7 - LRB098 10899 JDS 41429 b
1		accordance with the requirements of Section 5-40 of the
2		Illinois Administrative Procedure Act, any rule that is
3		necessary to implement this Act. The rules adopted by the
4		Department under this Section shall, at a minimum, specify
5		permit fees and royalty schedules, requirements for bonding and
6		guaranteeing, requirements for decommissioning, and any other
7		requirements necessary for carrying out the provisions of this
8		Act.
9		Prior to adopting any rule under this Act, the Department
10		shall consult with the Illinois Environmental Protection
11		Agency, the Illinois Commerce Commission, the Illinois Power
12		Agency, and the Department of Commerce and Economic
13		Opportunity.
14		Section 45. Regulatory toolkit. The Department shall, in
15		consultation with the Illinois Environmental Protection
16		Agency, the Illinois Commerce Commission, the Illinois Power
17		Agency, and the Department of Commerce and Economic
18		Opportunity, prepare and publish a toolkit for advising and
19		guiding developers on the regulatory and permitting process.
20		The toolkit shall, at a minimum, include a checklist of
21		required State permits and an overview of estimated timelines
22		and likely areas of concern.
23		Section 50. Limitation on Department Authority. Nothing
24		contained in this Act shall be construed as requiring or

HB2753 Engrossed - 8 - LRB098 10899 JDS 41429 b
1		permitting the Department to permanently convey any public
2		trust lands for energy development.