Bill Text: IL SB3271 | 2011-2012 | 97th General Assembly | Amended

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Bill Title: Creates the Wind Energy Facilities Construction, Deconstruction, and Siting Act. Provides that every commercial wind energy operator that is the owner of a commercial wind energy facility located on land owned by another person or entity shall enter into an agricultural impact mitigation agreement with the Illinois Department of Agriculture to preserve the integrity of any agricultural land that is impacted by commercial wind energy facility construction. Provides that the commercial wind energy operator is responsible for deconstruction of the commercial wind energy facility and for all costs associated with deconstruction of that facility and associated facilities. Provides that a county or municipality shall approve or disapprove the request for siting approval of a commercial wind energy facility within the specified areas of a county or municipality. Provides that the Department shall adopt rules that are necessary and appropriate for the implementation and administration of the Act. Provides that a county or municipality may require setback standards that are not to exceed certain specifications. Effective July 1, 2012.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2013-01-08 - Session Sine Die [SB3271 Detail]

Download: Illinois-2011-SB3271-Amended.html

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Sen. Michael W. Frerichs

Filed: 3/30/2012

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AMENDMENT TO SENATE BILL 3271
AMENDMENT NO. ______. Amend Senate Bill 3271 by replacing
everything after the enacting clause with the following:
"Section 1. Short title. This Act may be cited as the Wind
Energy Facilities Construction and Deconstruction Act.
Section 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 wind energy
facilities.
Section 10. Definitions. As used in this 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 operator" means a private
commercial enterprise that owns or operates a wind energy

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facility of equal to or greater than 500 kilowatts in total
nameplate capacity.
"Commission" means the Illinois Commerce Commission.
"Deconstruction" means the removal of a commercial wind
energy facility from the property of a landowner and the
restoration of that property to the condition in which it
existed immediately before the construction of the commercial
wind energy facility, including, but not limited to, the
restoration of the topography of the property to its condition
before construction; provided, however, that foundations,
pads, electrical lines, and any other underground facility must
be removed to a depth of 5 feet below the surface of the
ground.
"Department" means the Illinois Department of Agriculture.
"Landowner" means any person with an ownership interest in
property (i) that is used for agricultural purposes and (ii)
that is party to an underlying agreement.
"Underlying agreement" means a written or verbal 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 on the property of the
landowner.
"Wind turbine" means a wind turbine of equal to or greater
than 500 kilowatts in total nameplate generating capacity.
"Wind turbine tower height" means the distance from the

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wind turbine rotor blade at its highest point to the top
surface of the wind turbine foundation.
Section 15. Construction activities.
(a) Every commercial wind energy operator that is the owner
of a commercial wind energy facility located on land owned by
another person or entity shall enter into an agricultural
impact mitigation agreement with the Department outlining
construction standards and policies designed to preserve the
integrity of any agricultural land that is impacted by the
construction of a commercial wind energy facility. The
agricultural impact mitigation agreement shall be entered into
prior to the construction of the commercial wind energy
facility. The agricultural impact mitigation agreement is
binding on any subsequent commercial wind energy operator that
takes ownership of the commercial wind energy facility that is
the subject of the agreement. The agricultural impact
mitigation agreement is not required for commercial wind energy
facilities already constructed or properly permitted or sited
by decision of a county or municipality made prior to the
effective date of this Act.
(b) The Department 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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Section 20. Deconstruction activities.
(a) The commercial wind energy operator is responsible for
deconstruction of the commercial wind energy facility and for
all costs associated with deconstruction of that facility and
associated facilities.
(b) A commercial wind energy facility is presumed to be at
the end of its useful life if (i) the commercial wind energy
operator fails, for a period of 12 consecutive months, to
operate a commercial wind energy facility or wind turbine for
the purpose of which it was designed and installed and (ii) the
commercial wind energy operator fails, for a period of 6
consecutive months, to pay the landowner moneys owed to him or
her in accordance with the underlying agreement.
(c) The commercial wind energy operator shall begin
deconstruction of the commercial wind energy facility within 8
months after the time the facility or turbine reaches the end
of its useful life. Deconstruction must be completed within 18
months after the commercial wind energy facility reaches the
end of its useful life.
(d) Commercial wind energy operators of commercial wind
energy facilities not properly sited or permitted by decision
of a county or municipality prior to the effective date of this
Act shall file with the Commission a plan detailing the
estimated deconstruction cost per turbine, in current dollars
at the time of filing, for the proposed commercial wind energy
facility. The plan must also include a comprehensive detailed

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description describing how the commercial wind energy operator
plans to pay for the deconstruction of the commercial wind
energy facility. The Commission may at any time after the
construction of the commercial wind energy facility require the
commercial wind energy operator to file a report with the
Commission describing how the operator is fulfilling its
obligations under this Section.
(e) The Commission shall require the commercial wind energy
operator to secure a performance bond, surety bond, letter of
credit, corporate guarantee, or other form of financial
assurance that is acceptable to the Commission to cover the
anticipated costs of deconstruction of the commercial wind
energy facility or wind turbine. In determining the anticipated
costs of deconstruction, the Commission shall take into
account, among other things, the information provided under
subsection (d), the number of wind turbines and related
commercial wind energy facilities involved, the original
construction costs of the commercial wind energy facilities,
the size and capacity of the wind turbines, and the
construction method and techniques for the wind turbines and
other commercial wind energy facilities. The Commission may
reevaluate the anticipated costs of deconstruction every 5
years after its initial assessment or if there is a change in
commercial wind energy operator for a particular commercial
wind energy facility and, based on that reevaluation, require
changes in the level of financial assurance required from the

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commercial wind energy operator.
(f) Commercial wind energy operators of sited or permitted
commercial wind energy facilities existing on the effective
date of this Act shall file with the Commission information
required in subsection (d) or any existing agreement with a
county or municipality addressing deconstruction issues within
one year after the effective date of this Act. The Commission
shall evaluate such information and existing agreement and make
advisory recommendations to the commercial wind energy
operator and county or municipality regarding changes in the
level of financial assurance required from the commercial wind
energy operator. The Commission may reevaluate the anticipated
costs of deconstruction every 5 years after its initial
assessment or if there is a change in commercial wind energy
operator for a particular commercial wind energy facility and,
based on that reevaluation, make advisory recommendations
regarding changes in the level of financial assurance required
from the commercial wind energy facility.
(g) If the commercial wind energy operator does not
complete deconstruction, the Commission shall take such action
as necessary to complete deconstruction, including drawing
upon the financial assurance required in subsection (e). The
entry into an underlying agreement shall constitute agreement
and consent of the parties to the agreement and their
respective heirs, successors, and assigns that the Commission
may take such action as may be necessary for the deconstruction

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of the commercial wind energy facility or wind turbine,
including the exercise by the Commission, Commission staff, and
their contractors of the right of ingress and egress for the
purpose of deconstruction of the commercial wind energy
facility.
(h) If there is a change in ownership of the commercial
wind energy facility, the commercial wind energy operator
assuming ownership of the facility is required to provide
notice to the Commission of such change and the existing
financial assurance requirements for the facility as required
in subsection (e) shall apply to the new operator.
(i) The Commission shall adopt rules that are necessary and
appropriate for the implementation and administration of
deconstruction activities as required under this Act.
Section 99. Effective date. This Act takes effect January
1, 2013.".