The changes were put into law by the last special session of the legislature
IL HB4412 | 2021-2022 | 102nd General Assembly
Illinois House Bill 4412 (Prior Session Legislation)
IL State Legislature page for HB4412
Completed Legislative Action
Spectrum: Partisan Bill (Democrat 26-0)
Status: Passed on January 27 2023 - 100% progression
Action: 2023-01-27 - Public Act . . . . . . . . . 102-1123
Text: Latest bill text (Enrolled) [HTML]
Summary
Amends the State Officials and Employees Ethics Act. Provides that the Director of the Executive Ethics Commission shall be appointed for a term of 2 years for appointments made before the effective date of the amendatory Act and for a term of 4 years for appointments made on or after the effective date of the amendatory Act. Amends the Civil Administrative Code of Illinois. Provides that the Director of the Illinois Power Agency must have at least 10 years (rather than 15 years) of combined experience in the electric industry. Provides that the Director must have experience with the renewable energy industry and an understanding of the programs established by Public Act 102-662 intended to promote equity in the renewable energy industry. Amends the Energy Transition Act. Provides that the definition of "community-based organizations" means an organization that, among other requirements, utilizes at least one training facility in the community or region it serves (rather than having at least one main operating office in the community or region it serves). Provides that, in provisions concerning the Illinois Climate Works Preapprenticeship Program, an eligible organization may serve as the designated Climate Works Hub for all 5 regions of the Climate Works Hub. Amends the Illinois Power Agency Act. Provides that for terms beginning on or after the effective date of the amendatory Act, the Director of the Illinois Power Agency shall receive an annual salary in an amount equal to the Director of the Environmental Protection Agency's annual salary (rather than $100,000). 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 or commercial solar energy facility. Provides that the public hearing shall be conducted in accordance with the Open Meetings Act and shall be held 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 or commercial solar energy facility. Provides that the county shall make its decision not more than 30 days after the conclusion of the public hearing. 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. 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, restrictions on blade tip height, sound limitations, and other restrictions on and regulations for commercial wind energy facilities and commercial solar energy facilities. Includes other provisions limiting a county's ability to regulate commercial wind energy facilities and commercial solar energy facilities, and grants counties certain other powers in the regulation of commercial wind energy facilities and commercial solar energy facilities. Amends the Public Utilities Act. Provides that each utility's Public Schools Carbon-Free Assessment program shall include the following requirements: each utility shall retain a copy of each Public Schools Carbon-Free Assessment report; the Illinois Power Agency shall promptly make the results of each Public Schools Carbon-Free Assessment available for public inspection on its website; and utilities shall prioritize the completion of Public Schools Carbon-Free Assessments for schools located within environmental justice communities or schools that are categorized as a Tier 1 or Tier 2 school based on the lasts annual evidence-based funding distribution process by the State Board of Education. Effective immediately. Provides that an electric utility serving adversely impacted residential and small commercial customers shall notify the Illinois Commerce Commission of the same and provide the results of the calculations set forth in the provisions concerning assisting qualifying customers through a power price mitigation rebate. Provides that any electric utility that provides notice to the commission of qualification under the provisions concerning the power price mitigation rebate shall concurrently file a tariff with the Commission that provides for a monthly rebate credit to be given to all residential and small commercial customers. Provides that the tariff shall provide that the total funds appropriated by the Department of Commerce and Economic Opportunity shall be divided equally and issued to all of its active residential and small commercial customers. Provides that the Commission shall have 5 days from the date an electric utility files the tariff to review the tariff for compliance, and the tariff shall go into effect no later than 7 days from the original tariff filing date or one day from the date of any compliance filing. Provides that upon receipt of notice from the Commission, the Department shall transfer $200,000,000 to the eligible electric utility serving adversely impacted residential and small commercial customers. Provides that each electric utility providing a monthly rebate credit to its customers shall include a statement as part of a bill insert reflecting a monthly rebate credit to customers. Provides that an electric utility with a tariff shall be entitled to recover the reasonable and prudent expenses incurred and shall have an obligation to provide monthly rebate credits to customers only to the extent there are funds available to the utility to provide monthly rebate credits. Makes a conforming change in the Department of Commerce and Economic Opportunity Law. Effective immediately.
Above is from: IL HB4412 | 2021-2022 | 102nd General Assembly | LegiScan
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The new limitations in the law journal article below
Illinois Enacts New Law to Standardize Local Permitting for Renewable Energy Facilities
On Friday, January 27, 2023, Illinois Governor JB Pritzker signed a new law, Public Act 102-1123, which refines county governments’ ability to regulate new commercial wind and solar energy facilities. Specifically, PA 102-1123 prohibits counties from banning or establishing moratoriums on wind and solar development. The law also establishes siting and zoning standards, which county ordinances may not be more stringent than, and standardizes procedures for counties’ review and approval of wind and solar siting or special use permits.
PA 102-1123 seeks to balance the interests of renewable developers, local residents hosting renewable projects, and the state’s interest in transitioning from carbon-emitting power sources to renewable sources.
As we have noted in previous posts, the Illinois Commerce Commission has identified local land use requirements as one of the major factors impacting the development of renewable energy facilities. By standardizing siting criteria, setting deadlines that counties must meet during the siting process, and preventing counties from adopting more restrictive requirements, PA 102-1123 aims to encourage and accelerate new renewable development throughout the state.
Applicability
PA 102-1123 applies, generally, to “commercial wind energy facilities” and “commercial solar energy facilities,” which are defined, respectively, as wind energy systems with at least 500 kW nameplate generating capacity and ground installed solar energy systems intended primarily to create electricity for wholesale or retail sale. But, some projects will not be subject to the new law’s provisions. Specifically, PA 102-1123 does not apply to applications for a wind or solar facility that were submitted to counties prior to the law’s effective date or to facilities for which an Agricultural Impact Mitigation Agreement (AIMA) was submitted to the Illinois Department of Agriculture prior to the law’s effective date.
Siting, Consultation, and Zoning Criteria
Pursuant to PA. 102-1123, counties may establish siting and construction requirements but, for the standards listed, a county may not make them more restrictive than those in the law. Counties must amend any existing ordinances that conflict with PA 102-1123 within 120 days (May 30, 2023).
The siting and construction criteria listed in the PA 102-1123 include the following:
Height limitations for wind: PA 102-1123 allows counties to establish a height limitation, measured at the blade tip, but this limitation can be no more restrictive than that allowed by a Federal Aviation Administration Determination of No Hazard.
Setback Distances and Measurement Locations Standardized:
School, place of worship, daycare, library, community center
Wind: 2.1 times the maximum blade tip height
Solar: 150 feet
Nonparticipating residences
Wind: 2.1 times the maximum blade tip height
Solar: 150 feet
Boundary lines of nonparticipating property
Wind: 1.1 times the maximum blade tip height
Solar: 50 feet
Public rights of way
WInd: 1.1 times the maximum blade tip height
Solar: 50 feet
PA 102-1123 also sets forth the location from which all setbacks should be measured.
Shadow Flicker:
Counties may restrict shadow flicker from a turbine to no more than 30 hours per year at a nonparticipating residence, school, place of worship, daycare, library, or community center.
PA 102-1123 also includes provisions addressing decommissioning, road use agreements, sound limitations, fencing and screening, height restrictions for solar facilities, property value guarantees, vegetation management, and consultation with and approvals from other state and local agencies.
Siting Procedures
PA 102-1123 also aims to standardize the process for reviewing and approving applications for county siting approval.
Application Timing:
Facility owners must enter into an AIMA prior to the date of the required public hearing.
Public Hearing:
PA 102-1123 specifies that, if a county establishes siting or zoning standards for wind or solar facilities, it must hold a public meeting within 45 days of an application submission. This public meeting must follow the procedures of the Illinois Open Meetings Act.
Decision Timing:
Siting and permitting decisions must be made by a county within 30 days of the conclusion of the public hearing.
Approval Standards:
Counties must approve requests for siting or permitting of wind and solar facilities if they meet the requirements of PA 102-1123 and comply with state and federal law.
Fees:
PA 102-1123 prohibits counties from assessing unreasonable application fees for wind or solar facilities.
Above is from: Illinois Enacts New Law to Standardize Local Permitting for Renewable Energy Facilities | ArentFox Schiff – JDSupra
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Boone County Board in February deliberation will probably sue the state regarding this change in zoning authority. Below is the proposed county action,
RESOLUTION 23-05 Boone County Board position on Illinois Public Act 102-1123 concerning solar and wind energy WHEREAS, the County of Boone has an obligation to provide for the health, safety and welfare of its citizens; and WHEREAS, Illinois Public Act 102-1123 passed in a “lame duck” session of the Illinois General Assembly without the opportunity for Boone County citizens to review the proposed legislation, contact their representatives or have any reasonable opportunity to participate in the legislative process; and
WHEREAS, Boone County joins many other local governments across the state speaking out against Illinois Public Act 102-1123 that takes away county zoning rights; and
WHEREAS, Illinois Public Act 102-1123 sets state-wide regulations for the installation and siting of commercial wind and solar farms without any regard for the particular land or its unique characteristics that are relevant to zoning decisions and considered in every other local zoning decision ; and
WHEREAS, the result of Illinois Public Act 102-1123 is to prevent counties from adopting more stringent rules on issuing permits and establishing local zoning regulations for commercial wind and solar sites; and WHEREAS, Illinois Public Act 102-1123 takes away local control over land use decisions by people living in the community where these projects will be built;
NOW, THEREFORE, BE IT RESOLVED, the County Board of the County of Boone, Illinois is strongly opposed to Illinois Public Act 102-1123 that takes local zoning decisions away from our resident, and calls for the legislation to be repealed immediately. ADOPTED by the County Board, County of Boone, State of Illinois, this ______, day of ____________________, 2023.
Rodney Riley, Chairman Boone County Board
