Bill Text: IL HB2988 | 2019-2020 | 101st General Assembly | Chaptered


Bill Title: Amends the Counties Code. In provisions concerning winds farms and electric-generating wind devices, makes the provisions applicable even if a county has or has not formed a zoning commission and adopted formal zoning. Clarifies that only a county may establish standards for wind farms, electric-generating wind devices, and commercial wind energy facilities in unincorporated areas of the county outside of the zoning jurisdiction of a municipality and the 1.5 mile radius surrounding the zoning jurisdiction of a municipality. Effective immediately.

Spectrum: Slight Partisan Bill (Democrat 37-15)

Status: (Passed) 2019-04-19 - Public Act . . . . . . . . . 101-0004 [HB2988 Detail]

Download: Illinois-2019-HB2988-Chaptered.html



Public Act 101-0004
HB2988 EnrolledLRB101 10750 AWJ 55868 b
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 changing Section
5-12020 as follows:
(55 ILCS 5/5-12020)
Sec. 5-12020. Wind farms, electric-generating wind
devices, and commercial wind energy facilities.
Notwithstanding any other provision of law or whether the
county has formed a zoning commission and adopted formal zoning
under Section 5-12007, a county may establish standards for
wind farms and electric-generating wind devices. The standards
may include, without limitation, the height of the devices and
the number of devices that may be located within a geographic
area. A county may also regulate the siting of wind farms and
electric-generating wind devices in unincorporated areas of
the county outside of the zoning jurisdiction of a municipality
and the 1.5 mile radius surrounding the zoning jurisdiction of
a municipality. There shall be at least one public hearing not
more than 30 days prior to a siting decision by the county
board. Notice of the hearing shall be published in a newspaper
of general circulation in the county. A commercial wind energy
facility owner, as defined in the Renewable Energy Facilities
Agricultural Impact Mitigation Act, must enter into an
agricultural impact mitigation agreement with the Department
of Agriculture prior to the date of the required public
hearing. A commercial wind energy facility owner seeking an
extension of a permit granted by a county prior to July 24,
2015 (the effective date of Public Act 99-132) must enter into
an agricultural impact mitigation agreement with the
Department of Agriculture prior to a decision by the county to
grant the permit extension. Counties may allow test wind towers
to be sited without formal approval by the county board. Any
provision of a county zoning ordinance pertaining to wind farms
that is in effect before August 16, 2007 (the effective date of
Public Act 95-203) may continue in effect notwithstanding any
requirements of this Section.
A county may not require a wind tower or other renewable
energy system that is used exclusively by an end user to be
setback more than 1.1 times the height of the renewable energy
system from the end user's property line.
Only a county may establish standards for wind farms,
electric-generating wind devices, and commercial wind energy
facilities, as that term is defined in Section 10 of the
Renewable Energy Facilities Agricultural Impact Mitigation
Act, in unincorporated areas of the county outside of the
zoning jurisdiction of a municipality and outside the 1.5 mile
radius surrounding the zoning jurisdiction of a municipality.
(Source: P.A. 99-123, eff. 1-1-16; 99-132, eff. 7-24-15;
99-642, eff. 7-28-16; 100-598, eff. 6-29-18.)
Section 99. Effective date. This Act takes effect upon
becoming law.
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