104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB0195 Introduced 1/22/2025, by Sen. Chapin Rose SYNOPSIS AS INTRODUCED: 55 ILCS 5/5-12020.5 new Amends the Counties Code. Provides that, beginning June 1, 2027 and subject to Federal Aviation Administration approval to equip and operate light mitigating technology for at least 30% of the proposed wind towers included within a commercial wind energy facility, a county shall require the facility owner of a commercial wind energy facility constructed beginning in 2019 or later to install light mitigating technology at the commercial wind energy facility. Includes requirements when the light mitigating technology must be installed, and allows a facility owner to seek an extension from these requirements from the county board. Provides that a county board may impose civil penalties on the facility owner of a commercial wind energy facility that failed to comply with the requirements in the amount of $1,000 per day. Provides that the provisions do not apply to test wind towers allowed by a county that are used solely for purposes of research and testing. LRB104 03341 RTM 13363 b A BILL FOR 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB0195 Introduced 1/22/2025, by Sen. Chapin Rose SYNOPSIS AS INTRODUCED: 55 ILCS 5/5-12020.5 new 55 ILCS 5/5-12020.5 new Amends the Counties Code. Provides that, beginning June 1, 2027 and subject to Federal Aviation Administration approval to equip and operate light mitigating technology for at least 30% of the proposed wind towers included within a commercial wind energy facility, a county shall require the facility owner of a commercial wind energy facility constructed beginning in 2019 or later to install light mitigating technology at the commercial wind energy facility. Includes requirements when the light mitigating technology must be installed, and allows a facility owner to seek an extension from these requirements from the county board. Provides that a county board may impose civil penalties on the facility owner of a commercial wind energy facility that failed to comply with the requirements in the amount of $1,000 per day. Provides that the provisions do not apply to test wind towers allowed by a county that are used solely for purposes of research and testing. LRB104 03341 RTM 13363 b LRB104 03341 RTM 13363 b A BILL FOR 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB0195 Introduced 1/22/2025, by Sen. Chapin Rose SYNOPSIS AS INTRODUCED: 55 ILCS 5/5-12020.5 new 55 ILCS 5/5-12020.5 new 55 ILCS 5/5-12020.5 new Amends the Counties Code. Provides that, beginning June 1, 2027 and subject to Federal Aviation Administration approval to equip and operate light mitigating technology for at least 30% of the proposed wind towers included within a commercial wind energy facility, a county shall require the facility owner of a commercial wind energy facility constructed beginning in 2019 or later to install light mitigating technology at the commercial wind energy facility. Includes requirements when the light mitigating technology must be installed, and allows a facility owner to seek an extension from these requirements from the county board. Provides that a county board may impose civil penalties on the facility owner of a commercial wind energy facility that failed to comply with the requirements in the amount of $1,000 per day. Provides that the provisions do not apply to test wind towers allowed by a county that are used solely for purposes of research and testing. LRB104 03341 RTM 13363 b LRB104 03341 RTM 13363 b LRB104 03341 RTM 13363 b A BILL FOR SB0195LRB104 03341 RTM 13363 b SB0195 LRB104 03341 RTM 13363 b SB0195 LRB104 03341 RTM 13363 b 1 AN ACT concerning local government. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 5. The Counties Code is amended by adding Section 5 5-12020.5 as follows: 6 (55 ILCS 5/5-12020.5 new) 7 Sec. 5-12020.5. Commercial wind energy facility light 8 mitigating technology. 9 (a) As used in this Section: 10 "Approval from the FAA" means FAA approval to equip and 11 operate light mitigating technology for at least 30% of the 12 proposed wind towers included within a commercial wind energy 13 facility. 14 "Commercial wind energy facility", "facility owner", and 15 "wind tower" have the meanings given to those terms in Section 16 5-12020. 17 "FAA" means the Federal Aviation Administration of the 18 United States Department of Transportation. 19 "Light mitigating technology" means a sensor-based system 20 that: 21 (1) is designed to detect approaching aircraft; 22 (2) keeps the lights off when it is safe to do so; and 23 (3) the FAA has approved as meeting the requirements 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB0195 Introduced 1/22/2025, by Sen. Chapin Rose SYNOPSIS AS INTRODUCED: 55 ILCS 5/5-12020.5 new 55 ILCS 5/5-12020.5 new 55 ILCS 5/5-12020.5 new Amends the Counties Code. Provides that, beginning June 1, 2027 and subject to Federal Aviation Administration approval to equip and operate light mitigating technology for at least 30% of the proposed wind towers included within a commercial wind energy facility, a county shall require the facility owner of a commercial wind energy facility constructed beginning in 2019 or later to install light mitigating technology at the commercial wind energy facility. Includes requirements when the light mitigating technology must be installed, and allows a facility owner to seek an extension from these requirements from the county board. Provides that a county board may impose civil penalties on the facility owner of a commercial wind energy facility that failed to comply with the requirements in the amount of $1,000 per day. Provides that the provisions do not apply to test wind towers allowed by a county that are used solely for purposes of research and testing. LRB104 03341 RTM 13363 b LRB104 03341 RTM 13363 b LRB104 03341 RTM 13363 b A BILL FOR 55 ILCS 5/5-12020.5 new LRB104 03341 RTM 13363 b SB0195 LRB104 03341 RTM 13363 b SB0195- 2 -LRB104 03341 RTM 13363 b SB0195 - 2 - LRB104 03341 RTM 13363 b SB0195 - 2 - LRB104 03341 RTM 13363 b 1 under Chapter 10 of the FAA's 2020 advisory circular AC 2 70/7460-1M, Obstruction Marking and Lighting. 3 (b) Beginning June 1, 2027 and subject to approval from 4 the FAA, a county shall require the facility owner of a 5 commercial wind energy facility constructed on or after 6 January 1, 2021 to install light mitigating technology at the 7 commercial wind energy facility. The facility owner, within 6 8 months after the commercial wind energy facility receives a 9 determination of no hazard from the FAA, or within 6 months 10 after the effective date of this amendatory Act of the 104th 11 General Assembly if the commercial wind energy facility 12 received a determination of no hazard from the FAA before the 13 effective date of this amendatory Act of the 104th General 14 Assembly, shall: 15 (1) apply to the FAA, any other applicable federal 16 agency, or both, for the installation of approved light 17 mitigating technology; and 18 (2) within 24 months after receiving approval from the 19 FAA under paragraph (1), subject to the availability of 20 light mitigating technology from the manufacturer or 21 supplier, install, test, and commence operation consistent 22 with FAA requirements or other applicable federal agency 23 requirements, of the light mitigating technology at the 24 commercial wind energy facility. 25 (c) The facility owner of a commercial wind energy 26 facility may seek an extension from the county board from the SB0195 - 2 - LRB104 03341 RTM 13363 b SB0195- 3 -LRB104 03341 RTM 13363 b SB0195 - 3 - LRB104 03341 RTM 13363 b SB0195 - 3 - LRB104 03341 RTM 13363 b SB0195 - 3 - LRB104 03341 RTM 13363 b