Bill Text: IL HB2988 | 2019-2020 | 101st General Assembly | Engrossed
NOTE: There are more recent revisions of this legislation. Read Latest Draft
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-Engrossed.html
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-Engrossed.html
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1 | AN ACT concerning local government.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Counties Code is amended by changing Section | ||||||
5 | 5-12020 as follows:
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6 | (55 ILCS 5/5-12020) | ||||||
7 | Sec. 5-12020. Wind farms , electric-generating wind | ||||||
8 | devices, and commercial wind energy facilities . | ||||||
9 | Notwithstanding any other provision of law or whether the | ||||||
10 | county has formed a zoning commission and adopted formal zoning | ||||||
11 | under Section 5-12007 , a county may establish standards for | ||||||
12 | wind farms and electric-generating wind devices. The standards | ||||||
13 | may include, without limitation, the height of the devices and | ||||||
14 | the number of devices that may be located within a geographic | ||||||
15 | area. A county may also regulate the siting of wind farms and | ||||||
16 | electric-generating wind devices in unincorporated areas of | ||||||
17 | the county outside of the zoning jurisdiction of a municipality | ||||||
18 | and the 1.5 mile radius surrounding the zoning jurisdiction of | ||||||
19 | a municipality. There shall be at least one public hearing not | ||||||
20 | more than 30 days prior to a siting decision by the county | ||||||
21 | board. Notice of the hearing shall be published in a newspaper | ||||||
22 | of general circulation in the county. A commercial wind energy | ||||||
23 | facility owner, as defined in the Renewable Energy Facilities |
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1 | Agricultural Impact Mitigation Act, must enter into an | ||||||
2 | agricultural impact mitigation agreement with the Department | ||||||
3 | of Agriculture prior to the date of the required public | ||||||
4 | hearing. A commercial wind energy facility owner seeking an | ||||||
5 | extension of a permit granted by a county prior to July 24, | ||||||
6 | 2015 (the effective date of Public Act 99-132) must enter into | ||||||
7 | an agricultural impact mitigation agreement with the | ||||||
8 | Department of Agriculture prior to a decision by the county to | ||||||
9 | grant the permit extension. Counties may allow test wind towers | ||||||
10 | to be sited without formal approval by the county board. Any | ||||||
11 | provision of a county zoning ordinance pertaining to wind farms | ||||||
12 | that is in effect before August 16, 2007 (the effective date of | ||||||
13 | Public Act 95-203) may continue in effect notwithstanding any | ||||||
14 | requirements of this Section. | ||||||
15 | A county may not require a wind tower or other renewable | ||||||
16 | energy system that is used exclusively by an end user to be | ||||||
17 | setback more than 1.1 times the height of the renewable energy | ||||||
18 | system from the end user's property line. | ||||||
19 | Only a county may establish standards for wind farms, | ||||||
20 | electric-generating wind devices, and commercial wind energy | ||||||
21 | facilities, as that term is defined in Section 10 of the | ||||||
22 | Renewable Energy Facilities Agricultural Impact Mitigation | ||||||
23 | Act, in unincorporated areas of the county outside of the | ||||||
24 | zoning jurisdiction of a municipality and outside the 1.5 mile | ||||||
25 | radius surrounding the zoning jurisdiction of a municipality.
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26 | (Source: P.A. 99-123, eff. 1-1-16; 99-132, eff. 7-24-15; |
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1 | 99-642, eff. 7-28-16; 100-598, eff. 6-29-18.)
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2 | Section 99. Effective date. This Act takes effect upon | ||||||
3 | becoming law.
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