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 control new business 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 might not be stricter than, and standardizes procedures for county overview 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 most important components affecting the event of renewable vitality services. . By standardizing placement standards, setting deadlines that counties should meet throughout 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 “business wind vitality services” and “business photo voltaic vitality services,” that are outlined, respectively, as wind vitality methods which have no less than 500 kW of nameplate producing capability and ground-mounted photo voltaic methods meant primarily to generate electrical energy for wholesale or retail sale. Nevertheless, some tasks is not going to be topic to the provisions of the brand new legislation. Particularly, PA 102-1123 doesn’t apply to functions 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 Influence Mitigation Settlement (AIMA ) submitted to the Illinois Division of Agriculture earlier than. till the efficient date of the legislation.
Siting, Session, and Zoning Standards
Based on PA. 102-1123, counties could set up siting and development 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 (Might 30, 2023).
The siting and development standards listed in PA 102-1123 embrace the next:
Air peak limitations: PA 102-1123 permits counties to ascertain a peak restrict, measured on the tip of the blade, however this restrict might not be extra restrictive than that permitted by the Federal Aviation Administration Willpower of No Hazard.
Standardized Return Distances and Measurement Areas:
PA 102-1123 additionally specifies the situation 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, college, place of worship, daycare, library, or neighborhood heart.
PA 102-1123 additionally consists of provisions addressing decommissioning, highway use agreements, effectively limits, fencing and screening, peak restrictions for photo voltaic services, property worth ensures , vegetation 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 Utility:
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 applying. This public assembly should observe the procedures of the Illinois Open Conferences Act.
Choice 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 software charges for wind or photo voltaic services.
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