Bill Text: IL SB2591 | 2017-2018 | 100th General Assembly | Chaptered
Bill Title: Amends the Wind Energy Facilities Agricultural Impact Mitigation Act. Provides that the Act may be cited as the Renewable Energy Facilities Agricultural Impact Mitigation Act. Changes references in the Act from "commercial wind energy facility" to "commercial renewable energy facility". Provides that "commercial renewable energy facility" means a commercial wind energy facility or commercial solar energy facility. Defines "commercial solar energy facility". Provides that for commercial renewable energy facility owners of a commercial solar energy facility, the agricultural impact mitigation agreement shall be entered into prior to the commercial renewable energy facility owner making contact with a landowner seeking an underlying agreement for the development of a commercial solar energy facility. Makes conforming changes in the Counties Code and the Illinois Municipal Code. Effective immediately.
Spectrum: Bipartisan Bill
Status: (Passed) 2018-06-29 - Public Act . . . . . . . . . 100-0598 [SB2591 Detail]
Download: Illinois-2017-SB2591-Chaptered.html
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Public Act 100-0598 | ||||
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AN ACT concerning agriculture.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Counties Code is amended by changing Section | ||||
5-12020 as follows:
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(55 ILCS 5/5-12020) | ||||
Sec. 5-12020. Wind farms. Notwithstanding any other | ||||
provision of law, 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 Wind 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.
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(Source: P.A. 99-123, eff. 1-1-16; 99-132, eff. 7-24-15; | ||
99-642, eff. 7-28-16.)
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Section 10. The Illinois Municipal Code is amended by | ||
changing Section 11-13-26 as follows:
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(65 ILCS 5/11-13-26) | ||
Sec. 11-13-26. Wind farms. Notwithstanding any other | ||
provision of law: | ||
(a) A municipality may regulate wind farms and | ||
electric-generating wind devices within its zoning |
jurisdiction and within the 1.5 mile radius surrounding its | ||
zoning jurisdiction. There shall be at least one public | ||
hearing not more than 30 days prior to a siting decision by | ||
the corporate authorities of a municipality. Notice of the | ||
hearing shall be published in a newspaper of general | ||
circulation in the municipality. A commercial wind energy | ||
facility owner, as defined in the Renewable Wind 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 municipality | ||
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 municipality to grant the permit extension. | ||
A municipality may allow test wind towers to be sited | ||
without formal approval by the corporate authorities of the | ||
municipality. Test wind towers must be dismantled within 3 | ||
years of installation. For the purposes of this Section, | ||
"test wind towers" are wind towers that are designed solely | ||
to collect wind generation data.
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(b) A municipality 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. A setback requirement imposed by a municipality on a | ||
renewable energy system may not be more restrictive than as | ||
provided under this subsection. This subsection is a | ||
limitation of home rule powers and functions under | ||
subsection (i) of Section 6 of Article VII of the Illinois | ||
Constitution on the concurrent exercise by home rule units | ||
of powers and functions exercised by the State. | ||
(Source: P.A. 99-123, eff. 1-1-16; 99-132, eff. 7-24-15; | ||
99-642, eff. 7-28-16.)
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Section 15. The Wind Energy Facilities Agricultural Impact | ||
Mitigation Act is amended by changing Sections 1, 5, 10, and 15 | ||
as follows:
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(505 ILCS 147/1)
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Sec. 1. Short title. This Act may be cited as the Renewable | ||
Wind Energy Facilities Agricultural Impact Mitigation Act.
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(Source: P.A. 99-132, eff. 7-24-15.)
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(505 ILCS 147/5)
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Sec. 5. Purpose. The primary purpose of this Act is to | ||
promote the State's welfare by protecting landowners during the | ||
construction and deconstruction of commercial renewable wind | ||
energy facilities.
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(Source: P.A. 99-132, eff. 7-24-15.)
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(505 ILCS 147/10)
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Sec. 10. Definitions.
As used in this Act:
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"Abandonment of a commercial wind energy facility " means | ||
when deconstruction has not been completed within 18 months | ||
after the commercial wind energy facility reaches the end of | ||
its useful life. For purposes of this definition, a commercial | ||
wind energy facility will be presumed to have reached the end | ||
of its useful life if (1) no electricity is generated for a | ||
continuous period of 12 months and (2) the commercial wind | ||
energy facility owner fails, for a period of 6 consecutive | ||
months, to pay the landowner amounts owed in accordance with | ||
the underlying agreement. | ||
"Abandonment of a commercial solar energy facility" means | ||
when deconstruction has not been completed within 12 months | ||
after the commercial solar energy facility reaches the end of | ||
its useful life. For purposes of this definition, a commercial | ||
solar energy facility shall be presumed to have reached the end | ||
of its useful life if the commercial solar energy facility | ||
owner fails, for a period of 6 consecutive months, to pay the | ||
landowner amounts owed in accordance with the underlying | ||
agreement. | ||
"Agricultural impact mitigation agreement" means an | ||
agreement between the commercial wind energy facility owner or | ||
the commercial solar energy facility owner and the Department | ||
of Agriculture described in Section 15 of this Act.
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"Commercial renewable energy facility " means a commercial |
wind energy facility or commercial solar energy facility as | ||
defined in this Act. | ||
"Commercial solar energy facility" means a solar energy | ||
conversion facility equal to or greater than 500 kilowatts in | ||
total nameplate capacity, including a solar energy conversion | ||
facility seeking an extension of a permit to construct granted | ||
by a county or municipality before the effective date of this | ||
amendatory Act of the 100th General Assembly. "Commercial solar | ||
energy facility" does not include a solar energy conversion | ||
facility: (1) for which a permit to construct has been issued | ||
before the effective date of this amendatory Act of the 100th | ||
General Assembly; (2) that is located on land owned by the | ||
commercial solar energy facility owner; (3) that was | ||
constructed before the effective date of this amendatory Act of | ||
the 100th General Assembly; or (4) that is located on the | ||
customer side of the customer's electric meter and is primarily | ||
used to offset that customer's electricity load and is limited | ||
in nameplate capacity to less than or equal to 2,000 kilowatts. | ||
"Commercial solar energy facility owner" means a private | ||
commercial enterprise that owns a commercial solar energy | ||
facility. A commercial solar energy facility owner is not nor | ||
shall it be deemed to be a public utility as defined in the | ||
Public Utilities Act. | ||
"Commercial wind energy facility" means a wind energy | ||
conversion facility of equal or greater than 500 kilowatts in | ||
total nameplate generating capacity. "Commercial wind energy |
facility" includes a wind energy conversion facility seeking an | ||
extension of a permit to construct granted by a county or | ||
municipality before the effective date of this Act. "Commercial | ||
wind energy facility" does not include a wind energy conversion | ||
facility: (1) that has submitted a complete permit application | ||
to a county or municipality and for which the hearing on the | ||
completed application has commenced on the date provided in the | ||
public hearing notice, which must be before the effective date | ||
of this Act; (2) for which a permit to construct has been | ||
issued before the effective date of this Act; or (3) that was | ||
constructed before the effective date of this Act. | ||
"Commercial wind energy facility owner" means a private | ||
commercial enterprise that owns or operates a commercial wind | ||
energy facility.
A commercial wind energy facility owner is not | ||
nor shall it be deemed to be a public utility as defined in the | ||
Public Utilities Act. | ||
"Construction" means the installation, preparation for | ||
installation, or repair of a commercial renewable wind energy | ||
facility.
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"County" means the county where the commercial renewable | ||
wind energy facility is located.
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"Deconstruction" means the removal of a commercial | ||
renewable wind energy facility from the property of a landowner | ||
and the restoration of that property as provided in the | ||
agricultural impact mitigation agreement.
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"Department" means the Department of Agriculture.
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"Landowner" means any person (1) with an ownership interest | ||
in property that is used for agricultural purposes and (2) that | ||
is a party to an underlying agreement.
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"Underlying agreement" means the written agreement with a | ||
landowner, including, but not limited to, an easement, option, | ||
lease, or license, under the terms of which another person has | ||
constructed, constructs, or intends to construct a commercial | ||
wind energy facility or commercial solar energy facility on the | ||
property of the landowner.
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(Source: P.A. 99-132, eff. 7-24-15.)
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(505 ILCS 147/15)
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Sec. 15. Agricultural impact mitigation agreement.
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(a) A commercial renewable wind energy facility owner of a | ||
commercial wind energy facility or a commercial solar energy | ||
facility that is located on landowner property shall enter into | ||
an agricultural impact mitigation agreement with the | ||
Department outlining construction and deconstruction standards | ||
and policies designed to preserve the integrity of any | ||
agricultural land that is impacted by commercial renewable wind | ||
energy facility construction and deconstruction. The | ||
construction and deconstruction of any commercial solar energy | ||
facility shall be in conformance with the Department's standard | ||
agricultural impact mitigation agreement referenced in | ||
subsection (f) of this Section. Except as provided in | ||
subsection (a-5) of this Section, the terms and conditions of |
the Department's standard agricultural impact mitigation | ||
agreement are subject to and may be modified by an underlying | ||
agreement between the landowner and the commercial solar energy | ||
facility owner. | ||
(a-5) Prior to the commencement of construction, a | ||
commercial solar energy facility owner shall submit to the | ||
county in which the commercial solar facility is to be located | ||
a deconstruction plan. A commercial solar energy facility owner | ||
shall provide the county with an appropriate financial | ||
assurance mechanism consistent with the Department's standard | ||
agricultural impact mitigation agreement for and to assure | ||
deconstruction in the event of an abandonment of a commercial | ||
solar energy facility. | ||
(b) The agricultural impact mitigation agreement for a | ||
commercial wind energy facility shall include, but is not | ||
limited to, such items as restoration of agricultural land | ||
affected by construction, deconstruction (including upon | ||
abandonment of a commercial wind energy facility ), | ||
construction staging, and storage areas; support structures; | ||
aboveground facilities; guy wires and anchors; underground | ||
cabling depth; topsoil replacement; protection and repair of | ||
agricultural drainage tiles; rock removal; repair of | ||
compaction and rutting; land leveling; prevention of soil | ||
erosion; repair of damaged soil conservation practices; | ||
compensation for damages to private property; clearing of trees | ||
and brush; interference with irrigation systems; access roads; |
weed control; pumping of water from open excavations; advance | ||
notice of access to private property; indemnification of | ||
landowners; and deconstruction plans and financial assurance | ||
for deconstruction (including upon abandonment of a commercial | ||
wind energy facility ).
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(b-5) The agricultural impact mitigation agreement for a | ||
commercial solar energy facility shall include, but is not | ||
limited to, such items as restoration of agricultural land | ||
affected by construction, deconstruction (including upon | ||
abandonment of a commercial solar energy facility); support | ||
structures; aboveground facilities; guy wires and anchors; | ||
underground cabling depth; topsoil removal and replacement; | ||
rerouting and permanent repair of agricultural drainage tiles; | ||
rock removal; repair of compaction and rutting; construction | ||
during wet weather; land leveling; prevention of soil erosion; | ||
repair of damaged soil conservation practices; compensation | ||
for damages to private property; clearing of trees and brush; | ||
access roads; weed control; advance notice of access to private | ||
property; indemnification of landowners; and deconstruction | ||
plans and financial assurance for deconstruction (including | ||
upon abandonment of a commercial solar energy facility). The | ||
commercial solar energy facility owner shall enter into one | ||
agricultural impact mitigation agreement for each commercial | ||
solar energy facility. | ||
(c) For commercial wind energy facility owners seeking a | ||
permit from a county or municipality for the construction of a |
commercial wind energy facility, the agricultural impact | ||
mitigation agreement shall be entered into prior to the public | ||
hearing required prior to a siting decision of a county or | ||
municipality regarding the commercial wind energy facility. | ||
The agricultural impact mitigation agreement is binding on any | ||
subsequent commercial wind energy facility owner that takes | ||
ownership of the commercial wind energy facility that is the | ||
subject of the agreement.
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(c-5) A commercial solar energy facility owner shall, not | ||
less than 45 days prior to commencement of actual construction, | ||
submit to the Department a standard agricultural impact | ||
mitigation agreement as referenced in subsection (f) of this | ||
Section signed by the commercial solar energy facility owner | ||
and including all information required by the Department. The | ||
commercial solar energy facility owner shall provide either a | ||
copy of that submitted agreement or a copy of the fully | ||
executed project-specific agricultural impact mitigation | ||
agreement to the landowner not less than 30 days prior to the | ||
commencement of construction. The agricultural impact | ||
mitigation agreement is binding on any subsequent commercial | ||
solar energy facility owner that takes ownership of the | ||
commercial solar energy facility that is the subject of the | ||
agreement. | ||
(d) If a commercial renewable wind energy facility owner | ||
seeks an extension of a permit granted by a county or | ||
municipality for the construction of a commercial wind energy |
facility prior to the effective date of this Act, the | ||
agricultural impact mitigation agreement shall be entered into | ||
prior to a decision by the county or municipality to grant the | ||
permit extension.
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(e) The Department may shall adopt rules that are necessary | ||
and appropriate for the implementation and administration of | ||
agricultural impact mitigation agreements as required under | ||
this Act.
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(f) The Department shall make available on its website a | ||
standard agricultural impact mitigation agreement applicable | ||
to all commercial solar energy facilities within 60 days after | ||
the effective date of this amendatory Act of the 100th General | ||
Assembly. | ||
(g) Nothing in this amendatory Act of the 100th General | ||
Assembly and nothing in an agricultural impact mitigation | ||
agreement shall be construed to apply to or otherwise impair an | ||
underlying agreement for a commercial solar energy facility | ||
entered into prior to the effective date of this amendatory Act | ||
of the 100th General Assembly. | ||
(Source: P.A. 99-132, eff. 7-24-15.)
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Section 99. Effective date. This Act takes effect upon | ||
becoming law.
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