On Friday, January 27, 2023, Illinois Governor JB Pritzker signed a brand new regulation, Public Act 102-1123, that refines the flexibility of county governments to manage new industrial wind and photo voltaic vitality amenities. Particularly, PA 102-1123 prohibits counties from banning or establishing moratoriums on wind and photo voltaic improvement. The regulation additionally establishes siting and zoning requirements, which county ordinances is probably not stricter than, and standardizes procedures for county evaluation and approval of air siting and photo voltaic or particular use permits.
PA 102-1123 seeks to stability the pursuits of renewable builders, native residents who host renewable initiatives, and the state’s curiosity in transitioning from carbon-emitting energy sources to renewable sources.
As we have now famous in earlier posts, the Illinois Commerce Fee has recognized native land use necessities as one of many main elements affecting the event of renewable vitality amenities. By standardizing placement standards, setting deadlines that counties should meet through the placement course of, and stopping counties from adopting extra stringent necessities, PA 102-1123 goals to encourage and speed up renewable improvement throughout the state.
Applicability
PA 102-1123 applies, usually, to “industrial wind vitality amenities” and “industrial photo voltaic vitality amenities,” that are outlined, respectively, as wind vitality programs with a minimum of 500 kW nameplate producing capability and ground-mounted photo voltaic programs supposed primarily to generate electrical energy for wholesale or retail sale. Nevertheless, some initiatives won’t be topic to the provisions of the brand new regulation. Particularly, PA 102-1123 doesn’t apply to functions for a wind or photo voltaic facility submitted by counties previous to the efficient date of the regulation or to amenities for which an Agricultural Influence Mitigation Settlement (AIMA ) submitted to the Illinois Division of Agriculture earlier than. till the efficient date of the regulation.
Siting, Session, and Zoning Standards
Based on PA. 102-1123, counties might set up siting and building necessities however, for the requirements listed, a county might not make them extra stringent than these in regulation. Counties should amend any current ordinance that conflicts with PA 102-1123 inside 120 days (Might 30, 2023).
The siting and building standards listed in PA 102-1123 embrace the next:
Air top limitations: PA 102-1123 permits counties to determine a top restrict, measured on the tip of the blade, however this restrict is probably not extra restrictive than permitted by the Federal Aviation Administration Willpower of No Hazard.
Standardized Return Distances and Measurement Areas:
PA 102-1123 additionally specifies the placement the place all failures should be measured.
Shadow Flicker:
Counties might limit shadow flicker from a turbine to not more than 30 hours per yr at a non-participating residence, faculty, place of worship, daycare, library, or group heart.
PA 102-1123 additionally consists of provisions addressing decommissioning, highway use agreements, good limits, fencing and screening, top restrictions for photo voltaic amenities, property worth ensures, plant administration, and session and approval from different state and native companies.
Seating Procedures
PA 102-1123 additionally goals to standardize the method for reviewing and approving functions for county website approval.
Timing of Software:
Facility house owners should enter into an AIMA previous to the date of the required public listening to.
Public Listening to:
PA 102-1123 specifies that, if a county establishes siting or zoning requirements for wind or photo voltaic amenities, it should maintain a public assembly inside 45 days of submitting the appliance. This public assembly should comply with the procedures of the Illinois Open Conferences Act.
Resolution Timing:
Sitting and approval choices should be made by a county inside 30 days of the conclusion of the general public listening to.
Approval Requirements:
Counties should approve requests for siting or allowing wind and photo voltaic amenities in the event that they meet the necessities of PA 102-1123 and adjust to state and federal regulation.
Charges:
PA 102-1123 prohibits counties from assessing unreasonable utility charges for wind or photo voltaic amenities.
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