On Friday, January 27, 2023, Illinois Governor JB Pritzker signed a brand new legislation, Public Act 102-1123, that refines the flexibility of county governments to manage new industrial wind and photo voltaic vitality services. Particularly, PA 102-1123 prohibits counties from banning or establishing moratoriums on wind and photo voltaic improvement. The legislation additionally establishes siting and zoning requirements, which county ordinances will not be stricter than, and standardizes procedures for county assessment and approval of wind and photo voltaic tasks. settlement or particular use permits.
PA 102-1123 seeks to stability the pursuits of renewable builders, native residents who host renewable tasks, and the state’s curiosity in transitioning from carbon-emitting energy sources to renewable sources.
As we famous in earlier posts, the Illinois Commerce Fee has recognized native land use necessities as one of many foremost components affecting the event of renewable vitality services. . 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 to encourage and speed up new renewable improvement all through the state.
Applicability
PA 102-1123 applies, typically, to “industrial wind vitality services” and “industrial photo voltaic vitality services,” that are outlined, respectively, as wind vitality methods which have a minimum of 500 kW of nameplate producing capability and ground-mounted photo voltaic methods meant primarily to generate electrical energy for wholesale or retail sale. Nonetheless, some tasks won’t be topic to the provisions of the brand new legislation. Particularly, PA 102-1123 doesn’t apply to purposes for a wind or photo voltaic facility submitted to counties previous to the efficient date of the legislation or to services for which an Agricultural Affect Mitigation Settlement (AIMA ) submitted to the Illinois Division of Agriculture earlier than. till the efficient date of the legislation.
Siting, Session, and Zoning Standards
In accordance with PA. 102-1123, counties could set up siting and building necessities however, for the requirements listed, a county could not make them extra stringent than these contained within the statute. Counties should amend any present ordinance that conflicts with PA 102-1123 inside 120 days (Could 30, 2023).
The siting and building standards listed in PA 102-1123 embrace the next:
Air peak limitations: PA 102-1123 permits counties to determine a peak restrict, measured on the tip of the blade, however this restrict will not be extra restrictive than permitted by the Federal Aviation Administration Willpower of No Hazard.
Standardized Return Distances and Measurement Areas:
WIND | Photo voltaic | |
College, place of worship, daycare, library, neighborhood middle | 2.1 occasions the utmost size of the tip of the blade | 150 ft |
Non-participating residences | 2.1 occasions the utmost size of the tip of the blade | 150 ft |
Boundary traces of exclusion property | 1.1 occasions the utmost size of the tip of the blade | 50 ft |
Public rights of means | 1.1 occasions the utmost size of the tip of the blade | 50 ft |
PA 102-1123 additionally specifies the placement the place all failures should be measured.
Shadow Flicker:
Counties could prohibit 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 neighborhood middle.
PA 102-1123 additionally consists of provisions addressing decommissioning, highway use agreements, good limits, fencing and screening, peak restrictions for photo voltaic services, property worth ensures, plant administration, and session and approval from different state and native businesses.
Seating Procedures
PA 102-1123 additionally goals to standardize the method for reviewing and approving purposes for county web site 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 services, 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.
Determination 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 services in the event that they meet the necessities of PA 102-1123 and adjust to state and federal legislation.
Charges:
PA 102-1123 prohibits counties from assessing unreasonable utility charges for wind or photo voltaic services.
