Illinois 2023-2024 Regular Session

Illinois House Bill HB3146 Compare Versions

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11 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3146 Introduced , by Rep. Lance Yednock SYNOPSIS AS INTRODUCED: 55 ILCS 5/5-12020505 ILCS 147/15 Amends the Counties Code. Modifies the setback distance of a wind tower from occupied community buildings and nonparticipating residences. Modifies provisions restricting the county's ability to enact standards for construction, decommissioning, or deconstruction of commercial wind energy facilities or commercial solar energy facilities that are more restrictive than those included in the Department of Agriculture's impact agreements. Includes provisions requiring a comprehensive agricultural drainage plan and agreements with drainage districts to cross or impact a drainage system. Amends the Renewable Energy Facilities Agricultural Impact Mitigation Act. Modifies provisions requiring a commercial renewable energy facility owner of a commercial wind energy facility or a commercial solar energy facility that is located on landowner property to enter into an agricultural impact mitigation agreement with the Department outlining construction and deconstruction standards and policies. Removes provisions requiring a commercial solar energy facility owner to submit, not less than 45 days prior to commencement of actual construction, to the Department a standard agricultural impact mitigation agreement signed by the commercial solar energy facility owner and including all information required by the Department. Makes other changes. Effective immediately. LRB103 29289 AWJ 55676 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3146 Introduced , by Rep. Lance Yednock SYNOPSIS AS INTRODUCED: 55 ILCS 5/5-12020505 ILCS 147/15 55 ILCS 5/5-12020 505 ILCS 147/15 Amends the Counties Code. Modifies the setback distance of a wind tower from occupied community buildings and nonparticipating residences. Modifies provisions restricting the county's ability to enact standards for construction, decommissioning, or deconstruction of commercial wind energy facilities or commercial solar energy facilities that are more restrictive than those included in the Department of Agriculture's impact agreements. Includes provisions requiring a comprehensive agricultural drainage plan and agreements with drainage districts to cross or impact a drainage system. Amends the Renewable Energy Facilities Agricultural Impact Mitigation Act. Modifies provisions requiring a commercial renewable energy facility owner of a commercial wind energy facility or a commercial solar energy facility that is located on landowner property to enter into an agricultural impact mitigation agreement with the Department outlining construction and deconstruction standards and policies. Removes provisions requiring a commercial solar energy facility owner to submit, not less than 45 days prior to commencement of actual construction, to the Department a standard agricultural impact mitigation agreement signed by the commercial solar energy facility owner and including all information required by the Department. Makes other changes. Effective immediately. LRB103 29289 AWJ 55676 b LRB103 29289 AWJ 55676 b A BILL FOR
22 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3146 Introduced , by Rep. Lance Yednock SYNOPSIS AS INTRODUCED:
33 55 ILCS 5/5-12020505 ILCS 147/15 55 ILCS 5/5-12020 505 ILCS 147/15
44 55 ILCS 5/5-12020
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66 Amends the Counties Code. Modifies the setback distance of a wind tower from occupied community buildings and nonparticipating residences. Modifies provisions restricting the county's ability to enact standards for construction, decommissioning, or deconstruction of commercial wind energy facilities or commercial solar energy facilities that are more restrictive than those included in the Department of Agriculture's impact agreements. Includes provisions requiring a comprehensive agricultural drainage plan and agreements with drainage districts to cross or impact a drainage system. Amends the Renewable Energy Facilities Agricultural Impact Mitigation Act. Modifies provisions requiring a commercial renewable energy facility owner of a commercial wind energy facility or a commercial solar energy facility that is located on landowner property to enter into an agricultural impact mitigation agreement with the Department outlining construction and deconstruction standards and policies. Removes provisions requiring a commercial solar energy facility owner to submit, not less than 45 days prior to commencement of actual construction, to the Department a standard agricultural impact mitigation agreement signed by the commercial solar energy facility owner and including all information required by the Department. Makes other changes. Effective immediately.
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1212 1 AN ACT concerning government.
1313 2 Be it enacted by the People of the State of Illinois,
1414 3 represented in the General Assembly:
1515 4 Section 5. The Counties Code is amended by changing
1616 5 Section 5-12020 as follows:
1717 6 (55 ILCS 5/5-12020)
1818 7 Sec. 5-12020. Commercial wind energy facilities and
1919 8 commercial solar energy facilities.
2020 9 (a) As used in this Section:
2121 10 "Commercial solar energy facility" means a "commercial
2222 11 solar energy system" as defined in Section 10-720 of the
2323 12 Property Tax Code. "Commercial solar energy facility" does not
2424 13 mean a utility-scale solar energy facility being constructed
2525 14 at a site that was eligible to participate in a procurement
2626 15 event conducted by the Illinois Power Agency pursuant to
2727 16 subsection (c-5) of Section 1-75 of the Illinois Power Agency
2828 17 Act.
2929 18 "Commercial wind energy facility" means a wind energy
3030 19 conversion facility of equal or greater than 500 kilowatts in
3131 20 total nameplate generating capacity. "Commercial wind energy
3232 21 facility" includes a wind energy conversion facility seeking
3333 22 an extension of a permit to construct granted by a county or
3434 23 municipality before the effective date of this amendatory Act
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3838 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3146 Introduced , by Rep. Lance Yednock SYNOPSIS AS INTRODUCED:
3939 55 ILCS 5/5-12020505 ILCS 147/15 55 ILCS 5/5-12020 505 ILCS 147/15
4040 55 ILCS 5/5-12020
4141 505 ILCS 147/15
4242 Amends the Counties Code. Modifies the setback distance of a wind tower from occupied community buildings and nonparticipating residences. Modifies provisions restricting the county's ability to enact standards for construction, decommissioning, or deconstruction of commercial wind energy facilities or commercial solar energy facilities that are more restrictive than those included in the Department of Agriculture's impact agreements. Includes provisions requiring a comprehensive agricultural drainage plan and agreements with drainage districts to cross or impact a drainage system. Amends the Renewable Energy Facilities Agricultural Impact Mitigation Act. Modifies provisions requiring a commercial renewable energy facility owner of a commercial wind energy facility or a commercial solar energy facility that is located on landowner property to enter into an agricultural impact mitigation agreement with the Department outlining construction and deconstruction standards and policies. Removes provisions requiring a commercial solar energy facility owner to submit, not less than 45 days prior to commencement of actual construction, to the Department a standard agricultural impact mitigation agreement signed by the commercial solar energy facility owner and including all information required by the Department. Makes other changes. Effective immediately.
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7171 1 of the 102nd General Assembly.
7272 2 "Facility owner" means (i) a person with a direct
7373 3 ownership interest in a commercial wind energy facility or a
7474 4 commercial solar energy facility, or both, regardless of
7575 5 whether the person is involved in acquiring the necessary
7676 6 rights, permits, and approvals or otherwise planning for the
7777 7 construction and operation of the facility, and (ii) at the
7878 8 time the facility is being developed, a person who is acting as
7979 9 a developer of the facility by acquiring the necessary rights,
8080 10 permits, and approvals or by planning for the construction and
8181 11 operation of the facility, regardless of whether the person
8282 12 will own or operate the facility.
8383 13 "Nonparticipating property" means real property that is
8484 14 not a participating property.
8585 15 "Nonparticipating residence" means a residence that is
8686 16 located on nonparticipating property and that is existing and
8787 17 occupied on the date that an application for a permit to
8888 18 develop the commercial wind energy facility or the commercial
8989 19 solar energy facility is filed with the county.
9090 20 "Occupied community building" means any one or more of the
9191 21 following buildings that is existing and occupied on the date
9292 22 that the application for a permit to develop the commercial
9393 23 wind energy facility or the commercial solar energy facility
9494 24 is filed with the county: a school, place of worship, day care
9595 25 facility, public library, or community center.
9696 26 "Participating property" means real property that is the
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107107 1 subject of a written agreement between a facility owner and
108108 2 the owner of the real property that provides the facility
109109 3 owner an easement, option, lease, or license to use the real
110110 4 property for the purpose of constructing a commercial wind
111111 5 energy facility, a commercial solar energy facility, or
112112 6 supporting facilities. "Participating property" also includes
113113 7 real property that is owned by a facility owner for the purpose
114114 8 of constructing a commercial wind energy facility, a
115115 9 commercial solar energy facility, or supporting facilities.
116116 10 "Participating residence" means a residence that is
117117 11 located on participating property and that is existing and
118118 12 occupied on the date that an application for a permit to
119119 13 develop the commercial wind energy facility or the commercial
120120 14 solar energy facility is filed with the county.
121121 15 "Protected lands" means real property that is:
122122 16 (1) subject to a permanent conservation right
123123 17 consistent with the Real Property Conservation Rights Act;
124124 18 or
125125 19 (2) registered or designated as a nature preserve,
126126 20 buffer, or land and water reserve under the Illinois
127127 21 Natural Areas Preservation Act.
128128 22 "Supporting facilities" means the transmission lines,
129129 23 substations, access roads, meteorological towers, storage
130130 24 containers, and equipment associated with the generation and
131131 25 storage of electricity by the commercial wind energy facility
132132 26 or commercial solar energy facility.
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143143 1 "Wind tower" includes the wind turbine tower, nacelle, and
144144 2 blades.
145145 3 (b) Notwithstanding any other provision of law or whether
146146 4 the county has formed a zoning commission and adopted formal
147147 5 zoning under Section 5-12007, a county may establish standards
148148 6 for commercial wind energy facilities, commercial solar energy
149149 7 facilities, or both. The standards may include all of the
150150 8 requirements specified in this Section but may not include
151151 9 requirements for commercial wind energy facilities or
152152 10 commercial solar energy facilities that are more restrictive
153153 11 than specified in this Section. A county may also regulate the
154154 12 siting of commercial wind energy facilities with standards
155155 13 that are not more restrictive than the requirements specified
156156 14 in this Section in unincorporated areas of the county that are
157157 15 outside the zoning jurisdiction of a municipality and that are
158158 16 outside the 1.5-mile radius surrounding the zoning
159159 17 jurisdiction of a municipality.
160160 18 (c) If a county has elected to establish standards under
161161 19 subsection (b), before the county grants siting approval or a
162162 20 special use permit for a commercial wind energy facility or a
163163 21 commercial solar energy facility, or modification of an
164164 22 approved siting or special use permit, the county board of the
165165 23 county in which the facility is to be sited or the zoning board
166166 24 of appeals for the county shall hold at least one public
167167 25 hearing. The public hearing shall be conducted in accordance
168168 26 with the Open Meetings Act and shall be held not more than 45
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179179 1 days after the filing of the application for the facility. The
180180 2 county shall allow interested parties to a special use permit
181181 3 an opportunity to present evidence and to cross-examine
182182 4 witnesses at the hearing, but the county may impose reasonable
183183 5 restrictions on the public hearing, including reasonable time
184184 6 limitations on the presentation of evidence and the
185185 7 cross-examination of witnesses. The county shall also allow
186186 8 public comment at the public hearing in accordance with the
187187 9 Open Meetings Act. The county shall make its siting and
188188 10 permitting decisions not more than 30 days after the
189189 11 conclusion of the public hearing. Notice of the hearing shall
190190 12 be published in a newspaper of general circulation in the
191191 13 county. A facility owner must enter into an agricultural
192192 14 impact mitigation agreement with the Department of Agriculture
193193 15 prior to the date of the required public hearing. A commercial
194194 16 wind energy facility owner seeking an extension of a permit
195195 17 granted by a county prior to July 24, 2015 (the effective date
196196 18 of Public Act 99-132) must enter into an agricultural impact
197197 19 mitigation agreement with the Department of Agriculture prior
198198 20 to a decision by the county to grant the permit extension.
199199 21 Counties may allow test wind towers or test solar energy
200200 22 systems to be sited without formal approval by the county
201201 23 board.
202202 24 (d) A county with an existing zoning ordinance in conflict
203203 25 with this Section shall amend that zoning ordinance to be in
204204 26 compliance with this Section within 120 days after the
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215215 1 effective date of this amendatory Act of the 102nd General
216216 2 Assembly.
217217 3 (e) A county may require:
218218 4 (1) a wind tower of a commercial wind energy facility
219219 5 to be sited as follows, with setback distances measured
220220 6 from the center of the base of the wind tower:
221221 7 Setback Description Setback Distance
222222 8 Occupied Community 1,320 feet or 3 2.1
223223 9 Buildings times the maximum blade tip
224224 10 height of the wind tower,
225225 11 whichever is greater, to the
226226 12 nearest point on the outside
227227 13 wall of the structure
228228 14 Participating Residences 1.1 times the maximum blade tip
229229 15 height of the wind tower to the
230230 16 nearest point on the outside
231231 17 wall of the structure
232232 18 Nonparticipating Residences 1,320 feet or 3 2.1
233233 19 times the maximum blade tip
234234 20 height of the wind tower,
235235 21 whichever is greater, to the
236236 22 nearest point on the outside
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247247 1 wall of the structure
248248 2 Boundary Lines of None
249249 3 Participating Property
250250 4 Boundary Lines of 1.1 times the maximum blade tip
251251 5 Nonparticipating Property height of the wind tower to the
252252 6 nearest point on the property
253253 7 line of the nonparticipating
254254 8 property
255255 9 Public Road Rights-of-Way 1.1 times the maximum blade tip
256256 10 height of the wind tower
257257 11 to the center point of the
258258 12 public road right-of-way
259259 13 Overhead Communication and 1.1 times the maximum blade tip
260260 14 Electric Transmission height of the wind tower to the
261261 15 and Distribution Facilities nearest edge of the property
262262 16 (Not Including Overhead line, easement, or right of way
263263 17 Utility Service Lines to containing the overhead line
264264 18 Individual Houses or
265265 19 Outbuildings)
266266 20 Overhead Utility Service None
267267 21 Lines to Individual
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278278 1 Houses or Outbuildings
279279 2 Fish and Wildlife Areas 2.1 times the maximum blade
280280 3 and Illinois Nature tip height of the wind tower
281281 4 Preserve Commission to the nearest point on the
282282 5 Protected Lands property line of the fish and
283283 6 wildlife area or protected
284284 7 land
285285 8 This Section does not exempt or excuse compliance with
286286 9 electric facility clearances approved or required by the
287287 10 National Electrical Code, The National Electrical Safety
288288 11 Code, Illinois Commerce Commission, Federal Energy
289289 12 Regulatory Commission, and their designees or successors.
290290 13 (2) a wind tower of a commercial wind energy facility
291291 14 to be sited so that industry standard computer modeling
292292 15 indicates that any occupied community building or
293293 16 nonparticipating residence will not experience more than
294294 17 30 hours per year of shadow flicker under planned
295295 18 operating conditions;
296296 19 (3) a commercial solar energy facility to be sited as
297297 20 follows, with setback distances measured from the nearest
298298 21 edge of any component of the facility:
299299 22 Setback Description Setback Distance
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310310 1 Occupied Community 150 feet from the nearest
311311 2 Buildings and Dwellings on point on the outside wall
312312 3 Nonparticipating Properties of the structure
313313 4 Boundary Lines of None
314314 5 Participating Property
315315 6 Public Road Rights-of-Way 50 feet from the nearest
316316 7 edge
317317 8 Boundary Lines of 50 feet to the nearest
318318 9 Nonparticipating Property point on the property
319319 10 line of the nonparticipating
320320 11 property
321321 12 (4) a commercial solar energy facility to be sited so
322322 13 that the facility's perimeter is enclosed by fencing
323323 14 having a height of at least 6 feet and no more than 25
324324 15 feet; and
325325 16 (5) a commercial solar energy facility to be sited so
326326 17 that no component of a solar panel has a height of more
327327 18 than 20 feet above ground when the solar energy facility's
328328 19 arrays are at full tilt.
329329 20 The requirements set forth in this subsection (e) may be
330330 21 waived subject to the written consent of the owner of each
331331 22 affected nonparticipating property.
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342342 1 (f) A county may not set a sound limitation for wind towers
343343 2 in commercial wind energy facilities or any components in
344344 3 commercial solar energy facility that is more restrictive than
345345 4 the sound limitations established by the Illinois Pollution
346346 5 Control Board under 35 Ill. Adm. Code Parts 900, 901, and 910.
347347 6 (g) A county may not place any restriction on the
348348 7 installation or use of a commercial wind energy facility or a
349349 8 commercial solar energy facility unless it adopts an ordinance
350350 9 that complies with this Section. A county may not establish
351351 10 siting standards for supporting facilities that preclude
352352 11 development of commercial wind energy facilities or commercial
353353 12 solar energy facilities.
354354 13 A request for siting approval or a special use permit for a
355355 14 commercial wind energy facility or a commercial solar energy
356356 15 facility, or modification of an approved siting or special use
357357 16 permit, shall be approved if the request is in compliance with
358358 17 the standards and conditions imposed in this Act, the zoning
359359 18 ordinance adopted consistent with this Code, and the
360360 19 conditions imposed under State and federal statutes and
361361 20 regulations.
362362 21 (h) A county may not adopt zoning regulations that
363363 22 disallow, permanently or temporarily, commercial wind energy
364364 23 facilities or commercial solar energy facilities from being
365365 24 developed or operated in any district zoned to allow
366366 25 agricultural or industrial uses.
367367 26 (i) A county may not require permit application fees for a
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378378 1 commercial wind energy facility or commercial solar energy
379379 2 facility that are unreasonable. All application fees imposed
380380 3 by the county shall be consistent with fees for projects in the
381381 4 county with similar capital value and cost.
382382 5 (j) Except as otherwise provided in this Section, a county
383383 6 shall not require standards for construction, decommissioning,
384384 7 or deconstruction of a commercial wind energy facility or
385385 8 commercial solar energy facility or related financial
386386 9 assurances that are more restrictive than those included in
387387 10 the Department of Agriculture's standard wind farm
388388 11 agricultural impact mitigation agreement, template 81818, or
389389 12 standard solar agricultural impact mitigation agreement
390390 13 available on the Department of Agriculture's website at the
391391 14 time the commercial wind energy facility or commercial solar
392392 15 energy facility enters the agricultural impact mitigation
393393 16 agreement , version 8.19.19, as applicable and in effect on
394394 17 December 31, 2022. The amount of any decommissioning payment
395395 18 shall be in accordance with the financial assurance limited to
396396 19 the cost identified in the decommissioning or deconstruction
397397 20 plan, as required by those agricultural impact mitigation
398398 21 agreements, minus the salvage value of the project.
399399 22 (j-5) A county shall require a comprehensive agricultural
400400 23 drainage plan that will mitigate any surface or subsurface
401401 24 drainage impacts on farmland within and outside the footprint
402402 25 of the proposed commercial wind energy facility or a
403403 26 commercial solar energy facility.
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414414 1 (k) A county may not condition approval of a commercial
415415 2 wind energy facility or commercial solar energy facility on a
416416 3 property value guarantee and may not require a facility owner
417417 4 to pay into a neighboring property devaluation escrow account.
418418 5 (l) A county may require certain vegetative screening
419419 6 surrounding a commercial wind energy facility or commercial
420420 7 solar energy facility but may not require earthen berms or
421421 8 similar structures.
422422 9 (m) A county may set blade tip height limitations for wind
423423 10 towers in commercial wind energy facilities but may not set a
424424 11 blade tip height limitation that is more restrictive than the
425425 12 height allowed under a Determination of No Hazard to Air
426426 13 Navigation by the Federal Aviation Administration under 14 CFR
427427 14 Part 77.
428428 15 (n) A county may require that a commercial wind energy
429429 16 facility owner or commercial solar energy facility owner
430430 17 provide:
431431 18 (1) the results and recommendations from consultation
432432 19 with the Illinois Department of Natural Resources that are
433433 20 obtained through the Ecological Compliance Assessment Tool
434434 21 (EcoCAT) or a comparable successor tool; and
435435 22 (2) the results of the United States Fish and Wildlife
436436 23 Service's Information for Planning and Consulting
437437 24 environmental review or a comparable successor tool that
438438 25 is consistent with (i) the "U.S. Fish and Wildlife
439439 26 Service's Land-Based Wind Energy Guidelines" and (ii) any
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450450 1 applicable United States Fish and Wildlife Service solar
451451 2 wildlife guidelines that have been subject to public
452452 3 review.
453453 4 (o) A county may require a commercial wind energy facility
454454 5 or commercial solar energy facility to adhere to the
455455 6 recommendations provided by the Illinois Department of Natural
456456 7 Resources in an EcoCAT natural resource review report under 17
457457 8 Ill. Admin. Code Part 1075.
458458 9 (p) A county may require a facility owner to:
459459 10 (1) demonstrate avoidance of protected lands as
460460 11 identified by the Illinois Department of Natural Resources
461461 12 and the Illinois Nature Preserve Commission; or
462462 13 (2) consider the recommendations of the Illinois
463463 14 Department of Natural Resources for setbacks from
464464 15 protected lands, including areas identified by the
465465 16 Illinois Nature Preserve Commission.
466466 17 (q) A county may require that a facility owner provide
467467 18 evidence of consultation with the Illinois State Historic
468468 19 Preservation Office to assess potential impacts on
469469 20 State-registered historic sites under the Illinois State
470470 21 Agency Historic Resources Preservation Act.
471471 22 (r) To maximize community benefits, including, but not
472472 23 limited to, reduced stormwater runoff, flooding, and erosion
473473 24 at the ground mounted solar energy system, improved soil
474474 25 health, and increased foraging habitat for game birds,
475475 26 songbirds, and pollinators, a county may (1) require a
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486486 1 commercial solar energy facility owner to plant, establish,
487487 2 and maintain for the life of the facility vegetative ground
488488 3 cover, consistent with the goals of the Pollinator-Friendly
489489 4 Solar Site Act and (2) require the submittal of a vegetation
490490 5 management plan that is in compliance with the agricultural
491491 6 impact mitigation agreement in the application to construct
492492 7 and operate a commercial solar energy facility in the county.
493493 8 No later than 90 days after the effective date of this
494494 9 amendatory Act of the 102nd General Assembly, the Illinois
495495 10 Department of Natural Resources shall develop guidelines for
496496 11 vegetation management plans that may be required under this
497497 12 subsection for commercial solar energy facilities. The
498498 13 guidelines must include guidance for short-term and long-term
499499 14 property management practices that provide and maintain native
500500 15 and non-invasive naturalized perennial vegetation to protect
501501 16 the health and well-being of pollinators.
502502 17 (s) If a facility owner enters into a road use agreement
503503 18 with the Illinois Department of Transportation, a road
504504 19 district, or other unit of local government relating to a
505505 20 commercial wind energy facility or a commercial solar energy
506506 21 facility, the road use agreement shall require the facility
507507 22 owner to be responsible for (i) the reasonable cost of
508508 23 improving roads used by the facility owner to construct the
509509 24 commercial wind energy facility or the commercial solar energy
510510 25 facility and (ii) the reasonable cost of repairing roads used
511511 26 by the facility owner during construction of the commercial
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522522 1 wind energy facility or the commercial solar energy facility
523523 2 so that those roads are in a condition that is safe for the
524524 3 driving public after the completion of the facility's
525525 4 construction. Roadways improved in preparation for and during
526526 5 the construction of the commercial wind energy facility or
527527 6 commercial solar energy facility shall be repaired and
528528 7 restored to the improved condition at the reasonable cost of
529529 8 the developer if the roadways have degraded or were damaged as
530530 9 a result of construction-related activities.
531531 10 The road use agreement shall not require the facility
532532 11 owner to pay costs, fees, or charges for road work that is not
533533 12 specifically and uniquely attributable to the construction of
534534 13 the commercial wind energy facility or the commercial solar
535535 14 energy facility. Road-related fees, permit fees, or other
536536 15 charges imposed by the Illinois Department of Transportation,
537537 16 a road district, or other unit of local government under a road
538538 17 use agreement with the facility owner shall be reasonably
539539 18 related to the cost of administration of the road use
540540 19 agreement.
541541 20 (s-5) A facility owner with siting approval from a county
542542 21 to construct a commercial wind energy facility or a commercial
543543 22 solar energy facility must reach an agreement with a drainage
544544 23 district under the Illinois Drainage Code to cross or impact a
545545 24 drainage system, including, but not limited to, drainage
546546 25 tiles, open drainage districts, culverts, and water gathering
547547 26 vaults, owned or under the control of the drainage district.
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558558 1 The facility owner shall repair or pay for the repair of all
559559 2 damage to the drainage system caused by the construction of
560560 3 the commercial wind energy facility or the commercial solar
561561 4 energy facility in accordance with the agricultural impact
562562 5 mitigation agreement requirements for repair of drainage. The
563563 6 facility owner shall also compensate landowners within the
564564 7 drainage district for crop losses or other agricultural
565565 8 damages resulting from damage to the drainage system caused by
566566 9 the construction of the commercial wind energy facility or the
567567 10 commercial solar energy facility.
568568 11 (t) Notwithstanding any other provision of law, a facility
569569 12 owner with siting approval from a county to construct a
570570 13 commercial wind energy facility or a commercial solar energy
571571 14 facility is authorized to cross or impact a drainage system,
572572 15 including, but not limited to, drainage tiles, open drainage
573573 16 districts, culverts, and water gathering vaults, owned or
574574 17 under the control of a drainage district under the Illinois
575575 18 Drainage Code without obtaining prior agreement or approval
576576 19 from the drainage district, except that the facility owner
577577 20 shall repair or pay for the repair of all damage to the
578578 21 drainage system caused by the construction of the commercial
579579 22 wind energy facility or the commercial solar energy facility
580580 23 within a reasonable time after construction of the commercial
581581 24 wind energy facility or the commercial solar energy facility
582582 25 is complete.
583583 26 (u) The amendments to this Section adopted in this
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594594 1 amendatory Act of the 102nd General Assembly do not apply to
595595 2 (1) an application for siting approval or for a special use
596596 3 permit for a commercial wind energy facility or commercial
597597 4 solar energy facility if the application was submitted to a
598598 5 unit of local government before the effective date of this
599599 6 amendatory Act of the 102nd General Assembly or (2) a
600600 7 commercial wind energy facility or a commercial solar energy
601601 8 facility if the facility owner has submitted an agricultural
602602 9 impact mitigation agreement to the Department of Agriculture
603603 10 before the effective date of this amendatory Act of the 102nd
604604 11 General Assembly.
605605 12 (Source: P.A. 101-4, eff. 4-19-19; 102-1123, eff. 1-27-23.)
606606 13 Section 10. The Renewable Energy Facilities Agricultural
607607 14 Impact Mitigation Act is amended by changing Section 15 as
608608 15 follows:
609609 16 (505 ILCS 147/15)
610610 17 Sec. 15. Agricultural impact mitigation agreement.
611611 18 (a) A commercial renewable energy facility owner of a
612612 19 commercial wind energy facility or a commercial solar energy
613613 20 facility that is located on landowner property shall enter
614614 21 into an agricultural impact mitigation agreement with the
615615 22 Department outlining construction and deconstruction standards
616616 23 and policies designed to preserve the integrity of any
617617 24 agricultural land that is impacted by commercial renewable
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628628 1 energy facility construction and deconstruction. The
629629 2 construction and deconstruction of any commercial wind energy
630630 3 facility or commercial solar energy facility shall be in
631631 4 conformance with the Department's standard agricultural impact
632632 5 mitigation agreement referenced in subsection (f) of this
633633 6 Section, except where the commercial renewable energy facility
634634 7 owner is subject to terms and conditions of an underlying
635635 8 agreement between the landowner and the commercial renewable
636636 9 energy facility owner that are more restrictive than the terms
637637 10 and conditions of the standard agricultural impact mitigation
638638 11 agreement. The Department or the county in which the
639639 12 commercial wind energy facility or commercial solar energy
640640 13 facility is to be located may halt the construction or
641641 14 deconstruction of a commercial wind energy facility or a
642642 15 commercial solar energy facility that does not meet or exceed
643643 16 the terms and conditions included in the Department's standard
644644 17 agricultural impact mitigation agreement referenced in
645645 18 subsection (f) of this Section. Except as provided in
646646 19 subsection (a-5) of this Section, the terms and conditions of
647647 20 the Department's standard agricultural impact mitigation
648648 21 agreement are subject to and may be modified by an underlying
649649 22 agreement between the landowner and the commercial solar
650650 23 energy facility owner.
651651 24 (a-5) Prior to the commencement of construction, a
652652 25 commercial renewable energy facility owner of a commercial
653653 26 wind energy facility or a commercial solar energy facility
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664664 1 commercial solar energy facility owner shall submit to the
665665 2 county in which the commercial wind energy facility or a
666666 3 commercial solar energy commercial solar facility is to be
667667 4 located a deconstruction plan. A commercial renewable energy
668668 5 commercial solar energy facility owner shall provide the
669669 6 county with an appropriate financial assurance mechanism
670670 7 consistent with the Department's standard agricultural impact
671671 8 mitigation agreement for and to assure deconstruction in the
672672 9 event of an abandonment of a commercial wind energy facility
673673 10 or commercial solar energy facility.
674674 11 (b) The agricultural impact mitigation agreement for a
675675 12 commercial wind energy facility shall include, but is not
676676 13 limited to, such items as restoration of agricultural land
677677 14 affected by construction, deconstruction (including upon
678678 15 abandonment of a commercial wind energy facility),
679679 16 construction staging, and storage areas; support structures;
680680 17 aboveground facilities; guy wires and anchors; underground
681681 18 cabling depth; topsoil replacement; protection and repair of
682682 19 agricultural drainage tiles; rock removal; repair of
683683 20 compaction and rutting; land leveling; prevention of soil
684684 21 erosion; repair of damaged soil conservation practices;
685685 22 compensation for damages to private property; clearing of
686686 23 trees and brush; interference with irrigation systems; access
687687 24 roads; weed control; pumping of water from open excavations;
688688 25 advance notice of access to private property; indemnification
689689 26 of landowners; and deconstruction plans and financial
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700700 1 assurance for deconstruction (including upon abandonment of a
701701 2 commercial wind energy facility).
702702 3 (b-5) The agricultural impact mitigation agreement for a
703703 4 commercial solar energy facility shall include, but is not
704704 5 limited to, such items as restoration of agricultural land
705705 6 affected by construction, deconstruction (including upon
706706 7 abandonment of a commercial solar energy facility); support
707707 8 structures; aboveground facilities; guy wires and anchors;
708708 9 underground cabling depth; topsoil removal and replacement;
709709 10 rerouting and permanent repair of agricultural drainage tiles;
710710 11 rock removal; repair of compaction and rutting; construction
711711 12 during wet weather; land leveling; prevention of soil erosion;
712712 13 repair of damaged soil conservation practices; compensation
713713 14 for damages to private property; clearing of trees and brush;
714714 15 access roads; weed control; advance notice of access to
715715 16 private property; indemnification of landowners; and
716716 17 deconstruction plans and financial assurance for
717717 18 deconstruction (including upon abandonment of a commercial
718718 19 solar energy facility). The commercial solar energy facility
719719 20 owner shall enter into one agricultural impact mitigation
720720 21 agreement for each commercial solar energy facility.
721721 22 (c) For a commercial renewable energy facility owner of a
722722 23 commercial wind energy facility or a commercial solar energy
723723 24 facility commercial wind energy facility owners seeking a
724724 25 permit from a county or municipality for the construction of a
725725 26 commercial wind energy facility, the agricultural impact
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736736 1 mitigation agreement shall be entered into prior to the public
737737 2 hearing required prior to a siting decision of a county or
738738 3 municipality regarding the commercial wind energy facility.
739739 4 The agricultural impact mitigation agreement is binding on any
740740 5 subsequent commercial wind energy facility owner that takes
741741 6 ownership of the commercial wind energy facility that is the
742742 7 subject of the agreement.
743743 8 (c-5) (Blank). A commercial solar energy facility owner
744744 9 shall, not less than 45 days prior to commencement of actual
745745 10 construction, submit to the Department a standard agricultural
746746 11 impact mitigation agreement as referenced in subsection (f) of
747747 12 this Section signed by the commercial solar energy facility
748748 13 owner and including all information required by the
749749 14 Department. The commercial solar energy facility owner shall
750750 15 provide either a copy of that submitted agreement or a copy of
751751 16 the fully executed project-specific agricultural impact
752752 17 mitigation agreement to the landowner not less than 30 days
753753 18 prior to the commencement of construction. The agricultural
754754 19 impact mitigation agreement is binding on any subsequent
755755 20 commercial solar energy facility owner that takes ownership of
756756 21 the commercial solar energy facility that is the subject of
757757 22 the agreement.
758758 23 (d) If a commercial renewable energy facility owner seeks
759759 24 an extension of a permit granted by a county or municipality
760760 25 for the construction of a commercial wind energy facility
761761 26 prior to the effective date of this Act, the agricultural
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772772 1 impact mitigation agreement shall be entered into prior to a
773773 2 decision by the county or municipality to grant the permit
774774 3 extension.
775775 4 (e) The Department may adopt rules that are necessary and
776776 5 appropriate for the implementation and administration of
777777 6 agricultural impact mitigation agreements as required under
778778 7 this Act.
779779 8 (f) The Department shall make available on its website a
780780 9 standard agricultural impact mitigation agreement applicable
781781 10 to all commercial wind energy facilities or commercial solar
782782 11 energy facilities within 60 days after the effective date of
783783 12 this amendatory Act of the 100th General Assembly.
784784 13 (g) Nothing in this amendatory Act of the 100th General
785785 14 Assembly and nothing in an agricultural impact mitigation
786786 15 agreement shall be construed to apply to or otherwise impair
787787 16 an underlying agreement for a commercial solar energy facility
788788 17 entered into prior to the effective date of this amendatory
789789 18 Act of the 100th General Assembly.
790790 19 (Source: P.A. 99-132, eff. 7-24-15; 100-598, eff. 6-29-18.)
791791 20 Section 99. Effective date. This Act takes effect upon
792792 21 becoming law.
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