Bill Text: IL HB4452 | 2021-2022 | 102nd General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Amends the Community Mental Health Act. Changes the form of the proposition regarding an annual tax for providing mental health facilities and services. Effective immediately.

Spectrum: Partisan Bill (Democrat 8-0)

Status: (Enrolled) 2022-05-06 - Sent to the Governor [HB4452 Detail]

Download: Illinois-2021-HB4452-Introduced.html


102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB4452

Introduced , by Rep. Daniel Didech

SYNOPSIS AS INTRODUCED:
55 ILCS 5/5-12020

Amends the Counties Code. Provides that there shall be at least one public hearing during which public comment shall be taken regarding the application for siting approval or a special use permit for a commercial wind energy facility. Provides that the public hearing shall be noticed and commence not more than 45 days after the filing of an application for siting approval or a special use permit for a commercial wind energy facility. Provides that the county board shall make its siting decision not more than 30 days after the conclusion of the public hearing or the conclusion of the special use permit hearing by the zoning board of appeals. Removes a provision that allows any part of a county zoning ordinance pertaining to wind farms that was in effect before August 16, 2007 to continue in effect notwithstanding the provision of the Section. Provides that a county with an existing zoning ordinance in conflict with the provisions shall amend such zoning ordinance to be in compliance within 120 days after the effective date of the amendatory Act. Specifies setback requirements, blade tip height limitations, and sound limitations. Provides that a county may not place any restriction on the installation or use of a commercial wind energy facility, except by adopting an ordinance that complies with the provisions, and may not establish siting standards for supporting facilities that preclude development of commercial wind energy facilities. Limits home rule powers. Defines terms. Makes other changes.
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A BILL FOR

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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
5Section 5-12020 as follows:
6 (55 ILCS 5/5-12020)
7 Sec. 5-12020. Wind farms, electric-generating wind
8devices, and commercial wind energy facilities.
9 (a) As used in this Section:
10 "Commercial wind energy facility" has the meaning assigned
11to it by Section 10 of the Renewable Energy Facilities
12Agricultural Impact Mitigation Act.
13 "Facility owner" means (i) a person with a direct
14ownership interest in a wind energy system, regardless of
15whether the person was involved in acquiring the necessary
16rights, permits, and approvals or otherwise planning for the
17construction and operation of a wind energy system, or (ii) at
18the time a wind energy system is being developed, a person who
19is acting as a wind energy system developer by acquiring the
20necessary rights, permits, and approvals for or by planning
21for the construction and operation of a wind energy system,
22regardless of whether the person will own or operate the wind
23energy system.

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1 "Nonparticipating property" means real property that is
2not a participating property.
3 "Nonparticipating residence" means an occupied residence
4on nonparticipating property that is existing and occupied as
5of the date of filing of a permit application by the commercial
6wind energy facility.
7 "Occupied community building" means a school, place of
8worship, daycare facility, public library, or community center
9that is existing and occupied as of the date of filing of a
10permit application by the commercial wind energy facility.
11 "Participating property" means real property that is the
12subject of a written agreement between the facility owner and
13the owner of such real property that provides the facility
14owner an easement, option, lease, license, or other agreement
15for the purpose of constructing a wind tower or supporting
16facilities on such real property.
17 "Participating residence" means an occupied residence on
18participating property.
19 "Supporting facilities" means the associated transmission
20lines, substations, access roads, meteorological towers, and
21other equipment related to the generation of electricity from
22the commercial wind energy facility.
23 "Wind tower" means the wind turbine tower, nacelle, and
24blades.
25 (b) Notwithstanding any other provision of law or whether
26the county has formed a zoning commission and adopted formal

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1zoning under Section 5-12007, a county may establish standards
2for wind farms and electric-generating wind devices. The
3standards may include all of the requirements specified in
4subsections (e) through (i), but may not include requirements
5for wind farms and electric-generating wind devices that are
6more restrictive than specified in subsections (e) through (i)
7, without limitation, the height of the devices and the number
8of devices that may be located within a geographic area. A
9county may also regulate the siting of wind farms and
10electric-generating wind devices in unincorporated areas of
11the county outside of the zoning jurisdiction of a
12municipality and the 1.5 mile radius surrounding the zoning
13jurisdiction of a municipality on terms that are not more
14restrictive than the requirements specified in subsections (e)
15through (i).
16 (c) There shall be at least one public hearing during
17which public comment shall be taken regarding the application
18for siting approval or a special use permit for a commercial
19wind energy facility. The public hearing shall be noticed and
20commence not more than 45 days after the filing of an
21application for siting approval or a special use permit for a
22commercial wind energy facility. The county board shall make
23its siting decision not more than 30 days after the conclusion
24of the public hearing or the conclusion of the special use
25permit hearing by the zoning board of appeals prior to a siting
26decision by the county board. Notice of the hearing shall be

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1published in a newspaper of general circulation in the county.
2A commercial wind energy facility owner, as defined in the
3Renewable Energy Facilities Agricultural Impact Mitigation
4Act, must enter into an agricultural impact mitigation
5agreement with the Department of Agriculture prior to the date
6of the required public hearing. A commercial wind energy
7facility owner seeking an extension of a permit granted by a
8county prior to July 24, 2015 (the effective date of Public Act
999-132) must enter into an agricultural impact mitigation
10agreement with the Department of Agriculture prior to a
11decision by the county to grant the permit extension. Counties
12may allow test wind towers to be sited without formal approval
13by the county board. Any provision of a county zoning
14ordinance pertaining to wind farms that is in effect before
15August 16, 2007 (the effective date of Public Act 95-203) may
16continue in effect notwithstanding any requirements of this
17Section.
18 (d) A county with an existing zoning ordinance in conflict
19with this Section shall amend such zoning ordinance to be in
20compliance with this Section within 120 days after the
21effective date of this amendatory Act of the 102nd General
22Assembly.
23 (e) A county may not require:
24 (1) a wind tower or other renewable energy system to
25 be sited as follows, with setback distances measured from
26 the center of the base of the wind tower: that is used

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1 exclusively by an end user to be setback more than 1.1
2 times the height of the renewable energy system from the
3 end user's property line.
4Setback Description Setback Distance
5Occupied Community 2.1 times the maximum blade tip
6Buildings height to the nearest point
7 on the outside wall of
8 the structure
9Participating Residences 1.1 times the maximum blade tip
10 height to the nearest point
11 on the outside wall of
12 the structure
13Nonparticipating Residences 2.1 times the maximum blade tip
14 height to the nearest point
15 on the outside wall of
16 the structure
17Participating Property Lines None
18Nonparticipating Property 1.1 times the maximum blade tip
19Lines height to the nearest point
20 on the property line

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1Public Road Right-of-Way 1.1 times the maximum blade tip
2 height to the center point
3 of the public road right-of-way
4Overhead Communication and 1.1 times the maximum blade tip
5Electric Transmission Not height to the center point
6including utility service of the easement containing
7lines to individual houses the overhead line
8or outbuildings
9Overhead Utility Service None
10Lines Lines to individual
11houses or outbuildings
12 (2) a wind tower to be sited in a manner such that
13 industry standard computer modeling indicates that any
14 occupied community building or nonparticipating residence
15 will not experience more than 30 hours per year of shadow
16 flicker under planned operating conditions.
17 The requirements set forth in this subsection (e) may be
18waived subject to the written consent of the owner of the
19affected nonparticipating property.
20 (f) A county may not set a blade tip height limitation that
21is more restrictive than the height allowed under a
22Determination of No Hazard to Air Navigation by the Federal

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1Aviation Administration under 14 CFR Part 77.
2 (g) A county may not set a sound limitation that is more
3restrictive than the sound limitations established by the
4Illinois Pollution Control Board under 35 Ill. Adm. Code 900,
5901, and 910.
6 (h) A county may not place any restriction, either
7directly or in effect, on the installation or use of a
8commercial wind energy facility, except by adopting an
9ordinance, that complies with this Section and may not
10establish siting standards for supporting facilities that
11preclude development of commercial wind energy facilities.
12 (i) Only a county may establish standards for wind farms,
13electric-generating wind devices, wind towers, supporting
14facilities, and commercial wind energy facilities, as that
15term is defined in Section 10 of the Renewable Energy
16Facilities Agricultural Impact Mitigation Act, in
17unincorporated areas of the county outside of the zoning
18jurisdiction of a municipality and outside the 1.5 mile radius
19surrounding the zoning jurisdiction of a municipality.
20 (j) This Section does not apply to a commercial wind
21energy facility that began construction or was approved by a
22unit of local government before the effective date of this
23amendatory Act of the 102nd General Assembly.
24 (k) This Section applies to home rule and non-home rule
25counties and is a limitation under subsection (i) of Section 6
26of Article VII of the Illinois Constitution on the concurrent

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1exercise by home rule units of powers and functions exercised
2by the State.
3(Source: P.A. 100-598, eff. 6-29-18; 101-4, eff. 4-19-19.)
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