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


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 24-14)

Status: (Introduced) 2019-03-19 - Added Co-Sponsor Rep. Dave Severin [HB2988 Detail]

Download: Illinois-2019-HB2988-Engrossed.html



HB2988 EngrossedLRB101 10750 AWJ 55868 b
1 AN ACT concerning local government.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 5. The Counties Code is amended by changing Section
55-12020 as follows:
6 (55 ILCS 5/5-12020)
7 Sec. 5-12020. Wind farms, electric-generating wind
8devices, and commercial wind energy facilities.
9Notwithstanding any other provision of law or whether the
10county has formed a zoning commission and adopted formal zoning
11under Section 5-12007, a county may establish standards for
12wind farms and electric-generating wind devices. The standards
13may include, without limitation, the height of the devices and
14the number of devices that may be located within a geographic
15area. A county may also regulate the siting of wind farms and
16electric-generating wind devices in unincorporated areas of
17the county outside of the zoning jurisdiction of a municipality
18and the 1.5 mile radius surrounding the zoning jurisdiction of
19a municipality. There shall be at least one public hearing not
20more than 30 days prior to a siting decision by the county
21board. Notice of the hearing shall be published in a newspaper
22of general circulation in the county. A commercial wind energy
23facility owner, as defined in the Renewable Energy Facilities

HB2988 Engrossed- 2 -LRB101 10750 AWJ 55868 b
1Agricultural Impact Mitigation Act, must enter into an
2agricultural impact mitigation agreement with the Department
3of Agriculture prior to the date of the required public
4hearing. A commercial wind energy facility owner seeking an
5extension of a permit granted by a county prior to July 24,
62015 (the effective date of Public Act 99-132) must enter into
7an agricultural impact mitigation agreement with the
8Department of Agriculture prior to a decision by the county to
9grant the permit extension. Counties may allow test wind towers
10to be sited without formal approval by the county board. Any
11provision of a county zoning ordinance pertaining to wind farms
12that is in effect before August 16, 2007 (the effective date of
13Public Act 95-203) may continue in effect notwithstanding any
14requirements of this Section.
15 A county may not require a wind tower or other renewable
16energy system that is used exclusively by an end user to be
17setback more than 1.1 times the height of the renewable energy
18system from the end user's property line.
19 Only a county may establish standards for wind farms,
20electric-generating wind devices, and commercial wind energy
21facilities, as that term is defined in Section 10 of the
22Renewable Energy Facilities Agricultural Impact Mitigation
23Act, in unincorporated areas of the county outside of the
24zoning jurisdiction of a municipality and outside the 1.5 mile
25radius surrounding the zoning jurisdiction of a municipality.
26(Source: P.A. 99-123, eff. 1-1-16; 99-132, eff. 7-24-15;

HB2988 Engrossed- 3 -LRB101 10750 AWJ 55868 b
199-642, eff. 7-28-16; 100-598, eff. 6-29-18.)
2 Section 99. Effective date. This Act takes effect upon
3becoming law.
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