Illinois 2023-2024 Regular Session

Illinois House Bill HB3146 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	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
2	2	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3146 Introduced , by Rep. Lance Yednock SYNOPSIS AS INTRODUCED:
3	3	55 ILCS 5/5-12020505 ILCS 147/15 55 ILCS 5/5-12020 505 ILCS 147/15
4	4	55 ILCS 5/5-12020
5	5	505 ILCS 147/15
6	6	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.
7	7	LRB103 29289 AWJ 55676 b LRB103 29289 AWJ 55676 b
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9	9	A BILL FOR
10	10	HB3146LRB103 29289 AWJ 55676 b HB3146 LRB103 29289 AWJ 55676 b
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12	12	1 AN ACT concerning government.
13	13	2 Be it enacted by the People of the State of Illinois,
14	14	3 represented in the General Assembly:
15	15	4 Section 5. The Counties Code is amended by changing
16	16	5 Section 5-12020 as follows:
17	17	6 (55 ILCS 5/5-12020)
18	18	7 Sec. 5-12020. Commercial wind energy facilities and
19	19	8 commercial solar energy facilities.
20	20	9 (a) As used in this Section:
21	21	10 "Commercial solar energy facility" means a "commercial
22	22	11 solar energy system" as defined in Section 10-720 of the
23	23	12 Property Tax Code. "Commercial solar energy facility" does not
24	24	13 mean a utility-scale solar energy facility being constructed
25	25	14 at a site that was eligible to participate in a procurement
26	26	15 event conducted by the Illinois Power Agency pursuant to
27	27	16 subsection (c-5) of Section 1-75 of the Illinois Power Agency
28	28	17 Act.
29	29	18 "Commercial wind energy facility" means a wind energy
30	30	19 conversion facility of equal or greater than 500 kilowatts in
31	31	20 total nameplate generating capacity. "Commercial wind energy
32	32	21 facility" includes a wind energy conversion facility seeking
33	33	22 an extension of a permit to construct granted by a county or
34	34	23 municipality before the effective date of this amendatory Act
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38	38	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3146 Introduced , by Rep. Lance Yednock SYNOPSIS AS INTRODUCED:
39	39	55 ILCS 5/5-12020505 ILCS 147/15 55 ILCS 5/5-12020 505 ILCS 147/15
40	40	55 ILCS 5/5-12020
41	41	505 ILCS 147/15
42	42	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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45	45	A BILL FOR
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71	71	1 of the 102nd General Assembly.
72	72	2 "Facility owner" means (i) a person with a direct
73	73	3 ownership interest in a commercial wind energy facility or a
74	74	4 commercial solar energy facility, or both, regardless of
75	75	5 whether the person is involved in acquiring the necessary
76	76	6 rights, permits, and approvals or otherwise planning for the
77	77	7 construction and operation of the facility, and (ii) at the
78	78	8 time the facility is being developed, a person who is acting as
79	79	9 a developer of the facility by acquiring the necessary rights,
80	80	10 permits, and approvals or by planning for the construction and
81	81	11 operation of the facility, regardless of whether the person
82	82	12 will own or operate the facility.
83	83	13 "Nonparticipating property" means real property that is
84	84	14 not a participating property.
85	85	15 "Nonparticipating residence" means a residence that is
86	86	16 located on nonparticipating property and that is existing and
87	87	17 occupied on the date that an application for a permit to
88	88	18 develop the commercial wind energy facility or the commercial
89	89	19 solar energy facility is filed with the county.
90	90	20 "Occupied community building" means any one or more of the
91	91	21 following buildings that is existing and occupied on the date
92	92	22 that the application for a permit to develop the commercial
93	93	23 wind energy facility or the commercial solar energy facility
94	94	24 is filed with the county: a school, place of worship, day care
95	95	25 facility, public library, or community center.
96	96	26 "Participating property" means real property that is the
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107	107	1 subject of a written agreement between a facility owner and
108	108	2 the owner of the real property that provides the facility
109	109	3 owner an easement, option, lease, or license to use the real
110	110	4 property for the purpose of constructing a commercial wind
111	111	5 energy facility, a commercial solar energy facility, or
112	112	6 supporting facilities. "Participating property" also includes
113	113	7 real property that is owned by a facility owner for the purpose
114	114	8 of constructing a commercial wind energy facility, a
115	115	9 commercial solar energy facility, or supporting facilities.
116	116	10 "Participating residence" means a residence that is
117	117	11 located on participating property and that is existing and
118	118	12 occupied on the date that an application for a permit to
119	119	13 develop the commercial wind energy facility or the commercial
120	120	14 solar energy facility is filed with the county.
121	121	15 "Protected lands" means real property that is:
122	122	16 (1) subject to a permanent conservation right
123	123	17 consistent with the Real Property Conservation Rights Act;
124	124	18 or
125	125	19 (2) registered or designated as a nature preserve,
126	126	20 buffer, or land and water reserve under the Illinois
127	127	21 Natural Areas Preservation Act.
128	128	22 "Supporting facilities" means the transmission lines,
129	129	23 substations, access roads, meteorological towers, storage
130	130	24 containers, and equipment associated with the generation and
131	131	25 storage of electricity by the commercial wind energy facility
132	132	26 or commercial solar energy facility.
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143	143	1 "Wind tower" includes the wind turbine tower, nacelle, and
144	144	2 blades.
145	145	3 (b) Notwithstanding any other provision of law or whether
146	146	4 the county has formed a zoning commission and adopted formal
147	147	5 zoning under Section 5-12007, a county may establish standards
148	148	6 for commercial wind energy facilities, commercial solar energy
149	149	7 facilities, or both. The standards may include all of the
150	150	8 requirements specified in this Section but may not include
151	151	9 requirements for commercial wind energy facilities or
152	152	10 commercial solar energy facilities that are more restrictive
153	153	11 than specified in this Section. A county may also regulate the
154	154	12 siting of commercial wind energy facilities with standards
155	155	13 that are not more restrictive than the requirements specified
156	156	14 in this Section in unincorporated areas of the county that are
157	157	15 outside the zoning jurisdiction of a municipality and that are
158	158	16 outside the 1.5-mile radius surrounding the zoning
159	159	17 jurisdiction of a municipality.
160	160	18 (c) If a county has elected to establish standards under
161	161	19 subsection (b), before the county grants siting approval or a
162	162	20 special use permit for a commercial wind energy facility or a
163	163	21 commercial solar energy facility, or modification of an
164	164	22 approved siting or special use permit, the county board of the
165	165	23 county in which the facility is to be sited or the zoning board
166	166	24 of appeals for the county shall hold at least one public
167	167	25 hearing. The public hearing shall be conducted in accordance
168	168	26 with the Open Meetings Act and shall be held not more than 45
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179	179	1 days after the filing of the application for the facility. The
180	180	2 county shall allow interested parties to a special use permit
181	181	3 an opportunity to present evidence and to cross-examine
182	182	4 witnesses at the hearing, but the county may impose reasonable
183	183	5 restrictions on the public hearing, including reasonable time
184	184	6 limitations on the presentation of evidence and the
185	185	7 cross-examination of witnesses. The county shall also allow
186	186	8 public comment at the public hearing in accordance with the
187	187	9 Open Meetings Act. The county shall make its siting and
188	188	10 permitting decisions not more than 30 days after the
189	189	11 conclusion of the public hearing. Notice of the hearing shall
190	190	12 be published in a newspaper of general circulation in the
191	191	13 county. A facility owner must enter into an agricultural
192	192	14 impact mitigation agreement with the Department of Agriculture
193	193	15 prior to the date of the required public hearing. A commercial
194	194	16 wind energy facility owner seeking an extension of a permit
195	195	17 granted by a county prior to July 24, 2015 (the effective date
196	196	18 of Public Act 99-132) must enter into an agricultural impact
197	197	19 mitigation agreement with the Department of Agriculture prior
198	198	20 to a decision by the county to grant the permit extension.
199	199	21 Counties may allow test wind towers or test solar energy
200	200	22 systems to be sited without formal approval by the county
201	201	23 board.
202	202	24 (d) A county with an existing zoning ordinance in conflict
203	203	25 with this Section shall amend that zoning ordinance to be in
204	204	26 compliance with this Section within 120 days after the
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215	215	1 effective date of this amendatory Act of the 102nd General
216	216	2 Assembly.
217	217	3 (e) A county may require:
218	218	4 (1) a wind tower of a commercial wind energy facility
219	219	5 to be sited as follows, with setback distances measured
220	220	6 from the center of the base of the wind tower:
221	221	7 Setback Description Setback Distance
222	222	8 Occupied Community 1,320 feet or 3 2.1
223	223	9 Buildings times the maximum blade tip
224	224	10 height of the wind tower,
225	225	11 whichever is greater, to the
226	226	12 nearest point on the outside
227	227	13 wall of the structure
228	228	14 Participating Residences 1.1 times the maximum blade tip
229	229	15 height of the wind tower to the
230	230	16 nearest point on the outside
231	231	17 wall of the structure
232	232	18 Nonparticipating Residences 1,320 feet or 3 2.1
233	233	19 times the maximum blade tip
234	234	20 height of the wind tower,
235	235	21 whichever is greater, to the
236	236	22 nearest point on the outside
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247	247	1 wall of the structure
248	248	2 Boundary Lines of None
249	249	3 Participating Property
250	250	4 Boundary Lines of 1.1 times the maximum blade tip
251	251	5 Nonparticipating Property height of the wind tower to the
252	252	6 nearest point on the property
253	253	7 line of the nonparticipating
254	254	8 property
255	255	9 Public Road Rights-of-Way 1.1 times the maximum blade tip
256	256	10 height of the wind tower
257	257	11 to the center point of the
258	258	12 public road right-of-way
259	259	13 Overhead Communication and 1.1 times the maximum blade tip
260	260	14 Electric Transmission height of the wind tower to the
261	261	15 and Distribution Facilities nearest edge of the property
262	262	16 (Not Including Overhead line, easement, or right of way
263	263	17 Utility Service Lines to containing the overhead line
264	264	18 Individual Houses or
265	265	19 Outbuildings)
266	266	20 Overhead Utility Service None
267	267	21 Lines to Individual
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278	278	1 Houses or Outbuildings
279	279	2 Fish and Wildlife Areas 2.1 times the maximum blade
280	280	3 and Illinois Nature tip height of the wind tower
281	281	4 Preserve Commission to the nearest point on the
282	282	5 Protected Lands property line of the fish and
283	283	6 wildlife area or protected
284	284	7 land
285	285	8 This Section does not exempt or excuse compliance with
286	286	9 electric facility clearances approved or required by the
287	287	10 National Electrical Code, The National Electrical Safety
288	288	11 Code, Illinois Commerce Commission, Federal Energy
289	289	12 Regulatory Commission, and their designees or successors.
290	290	13 (2) a wind tower of a commercial wind energy facility
291	291	14 to be sited so that industry standard computer modeling
292	292	15 indicates that any occupied community building or
293	293	16 nonparticipating residence will not experience more than
294	294	17 30 hours per year of shadow flicker under planned
295	295	18 operating conditions;
296	296	19 (3) a commercial solar energy facility to be sited as
297	297	20 follows, with setback distances measured from the nearest
298	298	21 edge of any component of the facility:
299	299	22 Setback Description Setback Distance
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310	310	1 Occupied Community 150 feet from the nearest
311	311	2 Buildings and Dwellings on point on the outside wall
312	312	3 Nonparticipating Properties of the structure
313	313	4 Boundary Lines of None
314	314	5 Participating Property
315	315	6 Public Road Rights-of-Way 50 feet from the nearest
316	316	7 edge
317	317	8 Boundary Lines of 50 feet to the nearest
318	318	9 Nonparticipating Property point on the property
319	319	10 line of the nonparticipating
320	320	11 property
321	321	12 (4) a commercial solar energy facility to be sited so
322	322	13 that the facility's perimeter is enclosed by fencing
323	323	14 having a height of at least 6 feet and no more than 25
324	324	15 feet; and
325	325	16 (5) a commercial solar energy facility to be sited so
326	326	17 that no component of a solar panel has a height of more
327	327	18 than 20 feet above ground when the solar energy facility's
328	328	19 arrays are at full tilt.
329	329	20 The requirements set forth in this subsection (e) may be
330	330	21 waived subject to the written consent of the owner of each
331	331	22 affected nonparticipating property.
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342	342	1 (f) A county may not set a sound limitation for wind towers
343	343	2 in commercial wind energy facilities or any components in
344	344	3 commercial solar energy facility that is more restrictive than
345	345	4 the sound limitations established by the Illinois Pollution
346	346	5 Control Board under 35 Ill. Adm. Code Parts 900, 901, and 910.
347	347	6 (g) A county may not place any restriction on the
348	348	7 installation or use of a commercial wind energy facility or a
349	349	8 commercial solar energy facility unless it adopts an ordinance
350	350	9 that complies with this Section. A county may not establish
351	351	10 siting standards for supporting facilities that preclude
352	352	11 development of commercial wind energy facilities or commercial
353	353	12 solar energy facilities.
354	354	13 A request for siting approval or a special use permit for a
355	355	14 commercial wind energy facility or a commercial solar energy
356	356	15 facility, or modification of an approved siting or special use
357	357	16 permit, shall be approved if the request is in compliance with
358	358	17 the standards and conditions imposed in this Act, the zoning
359	359	18 ordinance adopted consistent with this Code, and the
360	360	19 conditions imposed under State and federal statutes and
361	361	20 regulations.
362	362	21 (h) A county may not adopt zoning regulations that
363	363	22 disallow, permanently or temporarily, commercial wind energy
364	364	23 facilities or commercial solar energy facilities from being
365	365	24 developed or operated in any district zoned to allow
366	366	25 agricultural or industrial uses.
367	367	26 (i) A county may not require permit application fees for a
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378	378	1 commercial wind energy facility or commercial solar energy
379	379	2 facility that are unreasonable. All application fees imposed
380	380	3 by the county shall be consistent with fees for projects in the
381	381	4 county with similar capital value and cost.
382	382	5 (j) Except as otherwise provided in this Section, a county
383	383	6 shall not require standards for construction, decommissioning,
384	384	7 or deconstruction of a commercial wind energy facility or
385	385	8 commercial solar energy facility or related financial
386	386	9 assurances that are more restrictive than those included in
387	387	10 the Department of Agriculture's standard wind farm
388	388	11 agricultural impact mitigation agreement, template 81818, or
389	389	12 standard solar agricultural impact mitigation agreement
390	390	13 available on the Department of Agriculture's website at the
391	391	14 time the commercial wind energy facility or commercial solar
392	392	15 energy facility enters the agricultural impact mitigation
393	393	16 agreement , version 8.19.19, as applicable and in effect on
394	394	17 December 31, 2022. The amount of any decommissioning payment
395	395	18 shall be in accordance with the financial assurance limited to
396	396	19 the cost identified in the decommissioning or deconstruction
397	397	20 plan, as required by those agricultural impact mitigation
398	398	21 agreements, minus the salvage value of the project.
399	399	22 (j-5) A county shall require a comprehensive agricultural
400	400	23 drainage plan that will mitigate any surface or subsurface
401	401	24 drainage impacts on farmland within and outside the footprint
402	402	25 of the proposed commercial wind energy facility or a
403	403	26 commercial solar energy facility.
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414	414	1 (k) A county may not condition approval of a commercial
415	415	2 wind energy facility or commercial solar energy facility on a
416	416	3 property value guarantee and may not require a facility owner
417	417	4 to pay into a neighboring property devaluation escrow account.
418	418	5 (l) A county may require certain vegetative screening
419	419	6 surrounding a commercial wind energy facility or commercial
420	420	7 solar energy facility but may not require earthen berms or
421	421	8 similar structures.
422	422	9 (m) A county may set blade tip height limitations for wind
423	423	10 towers in commercial wind energy facilities but may not set a
424	424	11 blade tip height limitation that is more restrictive than the
425	425	12 height allowed under a Determination of No Hazard to Air
426	426	13 Navigation by the Federal Aviation Administration under 14 CFR
427	427	14 Part 77.
428	428	15 (n) A county may require that a commercial wind energy
429	429	16 facility owner or commercial solar energy facility owner
430	430	17 provide:
431	431	18 (1) the results and recommendations from consultation
432	432	19 with the Illinois Department of Natural Resources that are
433	433	20 obtained through the Ecological Compliance Assessment Tool
434	434	21 (EcoCAT) or a comparable successor tool; and
435	435	22 (2) the results of the United States Fish and Wildlife
436	436	23 Service's Information for Planning and Consulting
437	437	24 environmental review or a comparable successor tool that
438	438	25 is consistent with (i) the "U.S. Fish and Wildlife
439	439	26 Service's Land-Based Wind Energy Guidelines" and (ii) any
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450	450	1 applicable United States Fish and Wildlife Service solar
451	451	2 wildlife guidelines that have been subject to public
452	452	3 review.
453	453	4 (o) A county may require a commercial wind energy facility
454	454	5 or commercial solar energy facility to adhere to the
455	455	6 recommendations provided by the Illinois Department of Natural
456	456	7 Resources in an EcoCAT natural resource review report under 17
457	457	8 Ill. Admin. Code Part 1075.
458	458	9 (p) A county may require a facility owner to:
459	459	10 (1) demonstrate avoidance of protected lands as
460	460	11 identified by the Illinois Department of Natural Resources
461	461	12 and the Illinois Nature Preserve Commission; or
462	462	13 (2) consider the recommendations of the Illinois
463	463	14 Department of Natural Resources for setbacks from
464	464	15 protected lands, including areas identified by the
465	465	16 Illinois Nature Preserve Commission.
466	466	17 (q) A county may require that a facility owner provide
467	467	18 evidence of consultation with the Illinois State Historic
468	468	19 Preservation Office to assess potential impacts on
469	469	20 State-registered historic sites under the Illinois State
470	470	21 Agency Historic Resources Preservation Act.
471	471	22 (r) To maximize community benefits, including, but not
472	472	23 limited to, reduced stormwater runoff, flooding, and erosion
473	473	24 at the ground mounted solar energy system, improved soil
474	474	25 health, and increased foraging habitat for game birds,
475	475	26 songbirds, and pollinators, a county may (1) require a
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486	486	1 commercial solar energy facility owner to plant, establish,
487	487	2 and maintain for the life of the facility vegetative ground
488	488	3 cover, consistent with the goals of the Pollinator-Friendly
489	489	4 Solar Site Act and (2) require the submittal of a vegetation
490	490	5 management plan that is in compliance with the agricultural
491	491	6 impact mitigation agreement in the application to construct
492	492	7 and operate a commercial solar energy facility in the county.
493	493	8 No later than 90 days after the effective date of this
494	494	9 amendatory Act of the 102nd General Assembly, the Illinois
495	495	10 Department of Natural Resources shall develop guidelines for
496	496	11 vegetation management plans that may be required under this
497	497	12 subsection for commercial solar energy facilities. The
498	498	13 guidelines must include guidance for short-term and long-term
499	499	14 property management practices that provide and maintain native
500	500	15 and non-invasive naturalized perennial vegetation to protect
501	501	16 the health and well-being of pollinators.
502	502	17 (s) If a facility owner enters into a road use agreement
503	503	18 with the Illinois Department of Transportation, a road
504	504	19 district, or other unit of local government relating to a
505	505	20 commercial wind energy facility or a commercial solar energy
506	506	21 facility, the road use agreement shall require the facility
507	507	22 owner to be responsible for (i) the reasonable cost of
508	508	23 improving roads used by the facility owner to construct the
509	509	24 commercial wind energy facility or the commercial solar energy
510	510	25 facility and (ii) the reasonable cost of repairing roads used
511	511	26 by the facility owner during construction of the commercial
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522	522	1 wind energy facility or the commercial solar energy facility
523	523	2 so that those roads are in a condition that is safe for the
524	524	3 driving public after the completion of the facility's
525	525	4 construction. Roadways improved in preparation for and during
526	526	5 the construction of the commercial wind energy facility or
527	527	6 commercial solar energy facility shall be repaired and
528	528	7 restored to the improved condition at the reasonable cost of
529	529	8 the developer if the roadways have degraded or were damaged as
530	530	9 a result of construction-related activities.
531	531	10 The road use agreement shall not require the facility
532	532	11 owner to pay costs, fees, or charges for road work that is not
533	533	12 specifically and uniquely attributable to the construction of
534	534	13 the commercial wind energy facility or the commercial solar
535	535	14 energy facility. Road-related fees, permit fees, or other
536	536	15 charges imposed by the Illinois Department of Transportation,
537	537	16 a road district, or other unit of local government under a road
538	538	17 use agreement with the facility owner shall be reasonably
539	539	18 related to the cost of administration of the road use
540	540	19 agreement.
541	541	20 (s-5) A facility owner with siting approval from a county
542	542	21 to construct a commercial wind energy facility or a commercial
543	543	22 solar energy facility must reach an agreement with a drainage
544	544	23 district under the Illinois Drainage Code to cross or impact a
545	545	24 drainage system, including, but not limited to, drainage
546	546	25 tiles, open drainage districts, culverts, and water gathering
547	547	26 vaults, owned or under the control of the drainage district.
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558	558	1 The facility owner shall repair or pay for the repair of all
559	559	2 damage to the drainage system caused by the construction of
560	560	3 the commercial wind energy facility or the commercial solar
561	561	4 energy facility in accordance with the agricultural impact
562	562	5 mitigation agreement requirements for repair of drainage. The
563	563	6 facility owner shall also compensate landowners within the
564	564	7 drainage district for crop losses or other agricultural
565	565	8 damages resulting from damage to the drainage system caused by
566	566	9 the construction of the commercial wind energy facility or the
567	567	10 commercial solar energy facility.
568	568	11 (t) Notwithstanding any other provision of law, a facility
569	569	12 owner with siting approval from a county to construct a
570	570	13 commercial wind energy facility or a commercial solar energy
571	571	14 facility is authorized to cross or impact a drainage system,
572	572	15 including, but not limited to, drainage tiles, open drainage
573	573	16 districts, culverts, and water gathering vaults, owned or
574	574	17 under the control of a drainage district under the Illinois
575	575	18 Drainage Code without obtaining prior agreement or approval
576	576	19 from the drainage district, except that the facility owner
577	577	20 shall repair or pay for the repair of all damage to the
578	578	21 drainage system caused by the construction of the commercial
579	579	22 wind energy facility or the commercial solar energy facility
580	580	23 within a reasonable time after construction of the commercial
581	581	24 wind energy facility or the commercial solar energy facility
582	582	25 is complete.
583	583	26 (u) The amendments to this Section adopted in this
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594	594	1 amendatory Act of the 102nd General Assembly do not apply to
595	595	2 (1) an application for siting approval or for a special use
596	596	3 permit for a commercial wind energy facility or commercial
597	597	4 solar energy facility if the application was submitted to a
598	598	5 unit of local government before the effective date of this
599	599	6 amendatory Act of the 102nd General Assembly or (2) a
600	600	7 commercial wind energy facility or a commercial solar energy
601	601	8 facility if the facility owner has submitted an agricultural
602	602	9 impact mitigation agreement to the Department of Agriculture
603	603	10 before the effective date of this amendatory Act of the 102nd
604	604	11 General Assembly.
605	605	12 (Source: P.A. 101-4, eff. 4-19-19; 102-1123, eff. 1-27-23.)
606	606	13 Section 10. The Renewable Energy Facilities Agricultural
607	607	14 Impact Mitigation Act is amended by changing Section 15 as
608	608	15 follows:
609	609	16 (505 ILCS 147/15)
610	610	17 Sec. 15. Agricultural impact mitigation agreement.
611	611	18 (a) A commercial renewable energy facility owner of a
612	612	19 commercial wind energy facility or a commercial solar energy
613	613	20 facility that is located on landowner property shall enter
614	614	21 into an agricultural impact mitigation agreement with the
615	615	22 Department outlining construction and deconstruction standards
616	616	23 and policies designed to preserve the integrity of any
617	617	24 agricultural land that is impacted by commercial renewable
618	618
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628	628	1 energy facility construction and deconstruction. The
629	629	2 construction and deconstruction of any commercial wind energy
630	630	3 facility or commercial solar energy facility shall be in
631	631	4 conformance with the Department's standard agricultural impact
632	632	5 mitigation agreement referenced in subsection (f) of this
633	633	6 Section, except where the commercial renewable energy facility
634	634	7 owner is subject to terms and conditions of an underlying
635	635	8 agreement between the landowner and the commercial renewable
636	636	9 energy facility owner that are more restrictive than the terms
637	637	10 and conditions of the standard agricultural impact mitigation
638	638	11 agreement. The Department or the county in which the
639	639	12 commercial wind energy facility or commercial solar energy
640	640	13 facility is to be located may halt the construction or
641	641	14 deconstruction of a commercial wind energy facility or a
642	642	15 commercial solar energy facility that does not meet or exceed
643	643	16 the terms and conditions included in the Department's standard
644	644	17 agricultural impact mitigation agreement referenced in
645	645	18 subsection (f) of this Section. Except as provided in
646	646	19 subsection (a-5) of this Section, the terms and conditions of
647	647	20 the Department's standard agricultural impact mitigation
648	648	21 agreement are subject to and may be modified by an underlying
649	649	22 agreement between the landowner and the commercial solar
650	650	23 energy facility owner.
651	651	24 (a-5) Prior to the commencement of construction, a
652	652	25 commercial renewable energy facility owner of a commercial
653	653	26 wind energy facility or a commercial solar energy facility
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664	664	1 commercial solar energy facility owner shall submit to the
665	665	2 county in which the commercial wind energy facility or a
666	666	3 commercial solar energy commercial solar facility is to be
667	667	4 located a deconstruction plan. A commercial renewable energy
668	668	5 commercial solar energy facility owner shall provide the
669	669	6 county with an appropriate financial assurance mechanism
670	670	7 consistent with the Department's standard agricultural impact
671	671	8 mitigation agreement for and to assure deconstruction in the
672	672	9 event of an abandonment of a commercial wind energy facility
673	673	10 or commercial solar energy facility.
674	674	11 (b) The agricultural impact mitigation agreement for a
675	675	12 commercial wind energy facility shall include, but is not
676	676	13 limited to, such items as restoration of agricultural land
677	677	14 affected by construction, deconstruction (including upon
678	678	15 abandonment of a commercial wind energy facility),
679	679	16 construction staging, and storage areas; support structures;
680	680	17 aboveground facilities; guy wires and anchors; underground
681	681	18 cabling depth; topsoil replacement; protection and repair of
682	682	19 agricultural drainage tiles; rock removal; repair of
683	683	20 compaction and rutting; land leveling; prevention of soil
684	684	21 erosion; repair of damaged soil conservation practices;
685	685	22 compensation for damages to private property; clearing of
686	686	23 trees and brush; interference with irrigation systems; access
687	687	24 roads; weed control; pumping of water from open excavations;
688	688	25 advance notice of access to private property; indemnification
689	689	26 of landowners; and deconstruction plans and financial
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700	700	1 assurance for deconstruction (including upon abandonment of a
701	701	2 commercial wind energy facility).
702	702	3 (b-5) The agricultural impact mitigation agreement for a
703	703	4 commercial solar energy facility shall include, but is not
704	704	5 limited to, such items as restoration of agricultural land
705	705	6 affected by construction, deconstruction (including upon
706	706	7 abandonment of a commercial solar energy facility); support
707	707	8 structures; aboveground facilities; guy wires and anchors;
708	708	9 underground cabling depth; topsoil removal and replacement;
709	709	10 rerouting and permanent repair of agricultural drainage tiles;
710	710	11 rock removal; repair of compaction and rutting; construction
711	711	12 during wet weather; land leveling; prevention of soil erosion;
712	712	13 repair of damaged soil conservation practices; compensation
713	713	14 for damages to private property; clearing of trees and brush;
714	714	15 access roads; weed control; advance notice of access to
715	715	16 private property; indemnification of landowners; and
716	716	17 deconstruction plans and financial assurance for
717	717	18 deconstruction (including upon abandonment of a commercial
718	718	19 solar energy facility). The commercial solar energy facility
719	719	20 owner shall enter into one agricultural impact mitigation
720	720	21 agreement for each commercial solar energy facility.
721	721	22 (c) For a commercial renewable energy facility owner of a
722	722	23 commercial wind energy facility or a commercial solar energy
723	723	24 facility commercial wind energy facility owners seeking a
724	724	25 permit from a county or municipality for the construction of a
725	725	26 commercial wind energy facility, the agricultural impact
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736	736	1 mitigation agreement shall be entered into prior to the public
737	737	2 hearing required prior to a siting decision of a county or
738	738	3 municipality regarding the commercial wind energy facility.
739	739	4 The agricultural impact mitigation agreement is binding on any
740	740	5 subsequent commercial wind energy facility owner that takes
741	741	6 ownership of the commercial wind energy facility that is the
742	742	7 subject of the agreement.
743	743	8 (c-5) (Blank). A commercial solar energy facility owner
744	744	9 shall, not less than 45 days prior to commencement of actual
745	745	10 construction, submit to the Department a standard agricultural
746	746	11 impact mitigation agreement as referenced in subsection (f) of
747	747	12 this Section signed by the commercial solar energy facility
748	748	13 owner and including all information required by the
749	749	14 Department. The commercial solar energy facility owner shall
750	750	15 provide either a copy of that submitted agreement or a copy of
751	751	16 the fully executed project-specific agricultural impact
752	752	17 mitigation agreement to the landowner not less than 30 days
753	753	18 prior to the commencement of construction. The agricultural
754	754	19 impact mitigation agreement is binding on any subsequent
755	755	20 commercial solar energy facility owner that takes ownership of
756	756	21 the commercial solar energy facility that is the subject of
757	757	22 the agreement.
758	758	23 (d) If a commercial renewable energy facility owner seeks
759	759	24 an extension of a permit granted by a county or municipality
760	760	25 for the construction of a commercial wind energy facility
761	761	26 prior to the effective date of this Act, the agricultural
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772	772	1 impact mitigation agreement shall be entered into prior to a
773	773	2 decision by the county or municipality to grant the permit
774	774	3 extension.
775	775	4 (e) The Department may adopt rules that are necessary and
776	776	5 appropriate for the implementation and administration of
777	777	6 agricultural impact mitigation agreements as required under
778	778	7 this Act.
779	779	8 (f) The Department shall make available on its website a
780	780	9 standard agricultural impact mitigation agreement applicable
781	781	10 to all commercial wind energy facilities or commercial solar
782	782	11 energy facilities within 60 days after the effective date of
783	783	12 this amendatory Act of the 100th General Assembly.
784	784	13 (g) Nothing in this amendatory Act of the 100th General
785	785	14 Assembly and nothing in an agricultural impact mitigation
786	786	15 agreement shall be construed to apply to or otherwise impair
787	787	16 an underlying agreement for a commercial solar energy facility
788	788	17 entered into prior to the effective date of this amendatory
789	789	18 Act of the 100th General Assembly.
790	790	19 (Source: P.A. 99-132, eff. 7-24-15; 100-598, eff. 6-29-18.)
791	791	20 Section 99. Effective date. This Act takes effect upon
792	792	21 becoming law.
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