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 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 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 LRB103 29289 AWJ 55676 b A BILL FOR HB3146LRB103 29289 AWJ 55676 b HB3146 LRB103 29289 AWJ 55676 b HB3146 LRB103 29289 AWJ 55676 b 1 AN ACT concerning 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 changing 5 Section 5-12020 as follows: 6 (55 ILCS 5/5-12020) 7 Sec. 5-12020. Commercial wind energy facilities and 8 commercial solar energy facilities. 9 (a) As used in this Section: 10 "Commercial solar energy facility" means a "commercial 11 solar energy system" as defined in Section 10-720 of the 12 Property Tax Code. "Commercial solar energy facility" does not 13 mean a utility-scale solar energy facility being constructed 14 at a site that was eligible to participate in a procurement 15 event conducted by the Illinois Power Agency pursuant to 16 subsection (c-5) of Section 1-75 of the Illinois Power Agency 17 Act. 18 "Commercial wind energy facility" means a wind energy 19 conversion facility of equal or greater than 500 kilowatts in 20 total nameplate generating capacity. "Commercial wind energy 21 facility" includes a wind energy conversion facility seeking 22 an extension of a permit to construct granted by a county or 23 municipality before the effective date of this amendatory Act 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 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 LRB103 29289 AWJ 55676 b A BILL FOR 55 ILCS 5/5-12020 505 ILCS 147/15 LRB103 29289 AWJ 55676 b HB3146 LRB103 29289 AWJ 55676 b HB3146- 2 -LRB103 29289 AWJ 55676 b HB3146 - 2 - LRB103 29289 AWJ 55676 b HB3146 - 2 - LRB103 29289 AWJ 55676 b 1 of the 102nd General Assembly. 2 "Facility owner" means (i) a person with a direct 3 ownership interest in a commercial wind energy facility or a 4 commercial solar energy facility, or both, regardless of 5 whether the person is involved in acquiring the necessary 6 rights, permits, and approvals or otherwise planning for the 7 construction and operation of the facility, and (ii) at the 8 time the facility is being developed, a person who is acting as 9 a developer of the facility by acquiring the necessary rights, 10 permits, and approvals or by planning for the construction and 11 operation of the facility, regardless of whether the person 12 will own or operate the facility. 13 "Nonparticipating property" means real property that is 14 not a participating property. 15 "Nonparticipating residence" means a residence that is 16 located on nonparticipating property and that is existing and 17 occupied on the date that an application for a permit to 18 develop the commercial wind energy facility or the commercial 19 solar energy facility is filed with the county. 20 "Occupied community building" means any one or more of the 21 following buildings that is existing and occupied on the date 22 that the application for a permit to develop the commercial 23 wind energy facility or the commercial solar energy facility 24 is filed with the county: a school, place of worship, day care 25 facility, public library, or community center. 26 "Participating property" means real property that is the HB3146 - 2 - LRB103 29289 AWJ 55676 b HB3146- 3 -LRB103 29289 AWJ 55676 b HB3146 - 3 - LRB103 29289 AWJ 55676 b HB3146 - 3 - LRB103 29289 AWJ 55676 b 1 subject of a written agreement between a facility owner and 2 the owner of the real property that provides the facility 3 owner an easement, option, lease, or license to use the real 4 property for the purpose of constructing a commercial wind 5 energy facility, a commercial solar energy facility, or 6 supporting facilities. "Participating property" also includes 7 real property that is owned by a facility owner for the purpose 8 of constructing a commercial wind energy facility, a 9 commercial solar energy facility, or supporting facilities. 10 "Participating residence" means a residence that is 11 located on participating property and that is existing and 12 occupied on the date that an application for a permit to 13 develop the commercial wind energy facility or the commercial 14 solar energy facility is filed with the county. 15 "Protected lands" means real property that is: 16 (1) subject to a permanent conservation right 17 consistent with the Real Property Conservation Rights Act; 18 or 19 (2) registered or designated as a nature preserve, 20 buffer, or land and water reserve under the Illinois 21 Natural Areas Preservation Act. 22 "Supporting facilities" means the transmission lines, 23 substations, access roads, meteorological towers, storage 24 containers, and equipment associated with the generation and 25 storage of electricity by the commercial wind energy facility 26 or commercial solar energy facility. HB3146 - 3 - LRB103 29289 AWJ 55676 b HB3146- 4 -LRB103 29289 AWJ 55676 b HB3146 - 4 - LRB103 29289 AWJ 55676 b HB3146 - 4 - LRB103 29289 AWJ 55676 b 1 "Wind tower" includes the wind turbine tower, nacelle, and 2 blades. 3 (b) Notwithstanding any other provision of law or whether 4 the county has formed a zoning commission and adopted formal 5 zoning under Section 5-12007, a county may establish standards 6 for commercial wind energy facilities, commercial solar energy 7 facilities, or both. The standards may include all of the 8 requirements specified in this Section but may not include 9 requirements for commercial wind energy facilities or 10 commercial solar energy facilities that are more restrictive 11 than specified in this Section. A county may also regulate the 12 siting of commercial wind energy facilities with standards 13 that are not more restrictive than the requirements specified 14 in this Section in unincorporated areas of the county that are 15 outside the zoning jurisdiction of a municipality and that are 16 outside the 1.5-mile radius surrounding the zoning 17 jurisdiction of a municipality. 18 (c) If a county has elected to establish standards under 19 subsection (b), before the county grants siting approval or a 20 special use permit for a commercial wind energy facility or a 21 commercial solar energy facility, or modification of an 22 approved siting or special use permit, the county board of the 23 county in which the facility is to be sited or the zoning board 24 of appeals for the county shall hold at least one public 25 hearing. The public hearing shall be conducted in accordance 26 with the Open Meetings Act and shall be held not more than 45 HB3146 - 4 - LRB103 29289 AWJ 55676 b HB3146- 5 -LRB103 29289 AWJ 55676 b HB3146 - 5 - LRB103 29289 AWJ 55676 b HB3146 - 5 - LRB103 29289 AWJ 55676 b 1 days after the filing of the application for the facility. The 2 county shall allow interested parties to a special use permit 3 an opportunity to present evidence and to cross-examine 4 witnesses at the hearing, but the county may impose reasonable 5 restrictions on the public hearing, including reasonable time 6 limitations on the presentation of evidence and the 7 cross-examination of witnesses. The county shall also allow 8 public comment at the public hearing in accordance with the 9 Open Meetings Act. The county shall make its siting and 10 permitting decisions not more than 30 days after the 11 conclusion of the public hearing. Notice of the hearing shall 12 be published in a newspaper of general circulation in the 13 county. A facility owner must enter into an agricultural 14 impact mitigation agreement with the Department of Agriculture 15 prior to the date of the required public hearing. A commercial 16 wind energy facility owner seeking an extension of a permit 17 granted by a county prior to July 24, 2015 (the effective date 18 of Public Act 99-132) must enter into an agricultural impact 19 mitigation agreement with the Department of Agriculture prior 20 to a decision by the county to grant the permit extension. 21 Counties may allow test wind towers or test solar energy 22 systems to be sited without formal approval by the county 23 board. 24 (d) A county with an existing zoning ordinance in conflict 25 with this Section shall amend that zoning ordinance to be in 26 compliance with this Section within 120 days after the HB3146 - 5 - LRB103 29289 AWJ 55676 b HB3146- 6 -LRB103 29289 AWJ 55676 b HB3146 - 6 - LRB103 29289 AWJ 55676 b HB3146 - 6 - LRB103 29289 AWJ 55676 b 1 effective date of this amendatory Act of the 102nd General 2 Assembly. 3 (e) A county may require: 4 (1) a wind tower of a commercial wind energy facility 5 to be sited as follows, with setback distances measured 6 from the center of the base of the wind tower: 7 Setback Description Setback Distance 8 Occupied Community 1,320 feet or 3 2.1 9 Buildings times the maximum blade tip 10 height of the wind tower, 11 whichever is greater, to the 12 nearest point on the outside 13 wall of the structure 14 Participating Residences 1.1 times the maximum blade tip 15 height of the wind tower to the 16 nearest point on the outside 17 wall of the structure 18 Nonparticipating Residences 1,320 feet or 3 2.1 19 times the maximum blade tip 20 height of the wind tower, 21 whichever is greater, to the 22 nearest point on the outside HB3146 - 6 - LRB103 29289 AWJ 55676 b HB3146- 7 -LRB103 29289 AWJ 55676 b HB3146 - 7 - LRB103 29289 AWJ 55676 b HB3146 - 7 - LRB103 29289 AWJ 55676 b 1 wall of the structure 2 Boundary Lines of None 3 Participating Property 4 Boundary Lines of 1.1 times the maximum blade tip 5 Nonparticipating Property height of the wind tower to the 6 nearest point on the property 7 line of the nonparticipating 8 property 9 Public Road Rights-of-Way 1.1 times the maximum blade tip 10 height of the wind tower 11 to the center point of the 12 public road right-of-way 13 Overhead Communication and 1.1 times the maximum blade tip 14 Electric Transmission height of the wind tower to the 15 and Distribution Facilities nearest edge of the property 16 (Not Including Overhead line, easement, or right of way 17 Utility Service Lines to containing the overhead line 18 Individual Houses or 19 Outbuildings) 20 Overhead Utility Service None 21 Lines to Individual HB3146 - 7 - LRB103 29289 AWJ 55676 b HB3146- 8 -LRB103 29289 AWJ 55676 b HB3146 - 8 - LRB103 29289 AWJ 55676 b HB3146 - 8 - LRB103 29289 AWJ 55676 b 1 Houses or Outbuildings 2 Fish and Wildlife Areas 2.1 times the maximum blade 3 and Illinois Nature tip height of the wind tower 4 Preserve Commission to the nearest point on the 5 Protected Lands property line of the fish and 6 wildlife area or protected 7 land 8 This Section does not exempt or excuse compliance with 9 electric facility clearances approved or required by the 10 National Electrical Code, The National Electrical Safety 11 Code, Illinois Commerce Commission, Federal Energy 12 Regulatory Commission, and their designees or successors. 13 (2) a wind tower of a commercial wind energy facility 14 to be sited so that industry standard computer modeling 15 indicates that any occupied community building or 16 nonparticipating residence will not experience more than 17 30 hours per year of shadow flicker under planned 18 operating conditions; 19 (3) a commercial solar energy facility to be sited as 20 follows, with setback distances measured from the nearest 21 edge of any component of the facility: 22 Setback Description Setback Distance HB3146 - 8 - LRB103 29289 AWJ 55676 b HB3146- 9 -LRB103 29289 AWJ 55676 b HB3146 - 9 - LRB103 29289 AWJ 55676 b HB3146 - 9 - LRB103 29289 AWJ 55676 b 1 Occupied Community 150 feet from the nearest 2 Buildings and Dwellings on point on the outside wall 3 Nonparticipating Properties of the structure 4 Boundary Lines of None 5 Participating Property 6 Public Road Rights-of-Way 50 feet from the nearest 7 edge 8 Boundary Lines of 50 feet to the nearest 9 Nonparticipating Property point on the property 10 line of the nonparticipating 11 property 12 (4) a commercial solar energy facility to be sited so 13 that the facility's perimeter is enclosed by fencing 14 having a height of at least 6 feet and no more than 25 15 feet; and 16 (5) a commercial solar energy facility to be sited so 17 that no component of a solar panel has a height of more 18 than 20 feet above ground when the solar energy facility's 19 arrays are at full tilt. 20 The requirements set forth in this subsection (e) may be 21 waived subject to the written consent of the owner of each 22 affected nonparticipating property. HB3146 - 9 - LRB103 29289 AWJ 55676 b HB3146- 10 -LRB103 29289 AWJ 55676 b HB3146 - 10 - LRB103 29289 AWJ 55676 b HB3146 - 10 - LRB103 29289 AWJ 55676 b 1 (f) A county may not set a sound limitation for wind towers 2 in commercial wind energy facilities or any components in 3 commercial solar energy facility that is more restrictive than 4 the sound limitations established by the Illinois Pollution 5 Control Board under 35 Ill. Adm. Code Parts 900, 901, and 910. 6 (g) A county may not place any restriction on the 7 installation or use of a commercial wind energy facility or a 8 commercial solar energy facility unless it adopts an ordinance 9 that complies with this Section. A county may not establish 10 siting standards for supporting facilities that preclude 11 development of commercial wind energy facilities or commercial 12 solar energy facilities. 13 A request for siting approval or a special use permit for a 14 commercial wind energy facility or a commercial solar energy 15 facility, or modification of an approved siting or special use 16 permit, shall be approved if the request is in compliance with 17 the standards and conditions imposed in this Act, the zoning 18 ordinance adopted consistent with this Code, and the 19 conditions imposed under State and federal statutes and 20 regulations. 21 (h) A county may not adopt zoning regulations that 22 disallow, permanently or temporarily, commercial wind energy 23 facilities or commercial solar energy facilities from being 24 developed or operated in any district zoned to allow 25 agricultural or industrial uses. 26 (i) A county may not require permit application fees for a HB3146 - 10 - LRB103 29289 AWJ 55676 b HB3146- 11 -LRB103 29289 AWJ 55676 b HB3146 - 11 - LRB103 29289 AWJ 55676 b HB3146 - 11 - LRB103 29289 AWJ 55676 b 1 commercial wind energy facility or commercial solar energy 2 facility that are unreasonable. All application fees imposed 3 by the county shall be consistent with fees for projects in the 4 county with similar capital value and cost. 5 (j) Except as otherwise provided in this Section, a county 6 shall not require standards for construction, decommissioning, 7 or deconstruction of a commercial wind energy facility or 8 commercial solar energy facility or related financial 9 assurances that are more restrictive than those included in 10 the Department of Agriculture's standard wind farm 11 agricultural impact mitigation agreement, template 81818, or 12 standard solar agricultural impact mitigation agreement 13 available on the Department of Agriculture's website at the 14 time the commercial wind energy facility or commercial solar 15 energy facility enters the agricultural impact mitigation 16 agreement , version 8.19.19, as applicable and in effect on 17 December 31, 2022. The amount of any decommissioning payment 18 shall be in accordance with the financial assurance limited to 19 the cost identified in the decommissioning or deconstruction 20 plan, as required by those agricultural impact mitigation 21 agreements, minus the salvage value of the project. 22 (j-5) A county shall require a comprehensive agricultural 23 drainage plan that will mitigate any surface or subsurface 24 drainage impacts on farmland within and outside the footprint 25 of the proposed commercial wind energy facility or a 26 commercial solar energy facility. HB3146 - 11 - LRB103 29289 AWJ 55676 b HB3146- 12 -LRB103 29289 AWJ 55676 b HB3146 - 12 - LRB103 29289 AWJ 55676 b HB3146 - 12 - LRB103 29289 AWJ 55676 b 1 (k) A county may not condition approval of a commercial 2 wind energy facility or commercial solar energy facility on a 3 property value guarantee and may not require a facility owner 4 to pay into a neighboring property devaluation escrow account. 5 (l) A county may require certain vegetative screening 6 surrounding a commercial wind energy facility or commercial 7 solar energy facility but may not require earthen berms or 8 similar structures. 9 (m) A county may set blade tip height limitations for wind 10 towers in commercial wind energy facilities but may not set a 11 blade tip height limitation that is more restrictive than the 12 height allowed under a Determination of No Hazard to Air 13 Navigation by the Federal Aviation Administration under 14 CFR 14 Part 77. 15 (n) A county may require that a commercial wind energy 16 facility owner or commercial solar energy facility owner 17 provide: 18 (1) the results and recommendations from consultation 19 with the Illinois Department of Natural Resources that are 20 obtained through the Ecological Compliance Assessment Tool 21 (EcoCAT) or a comparable successor tool; and 22 (2) the results of the United States Fish and Wildlife 23 Service's Information for Planning and Consulting 24 environmental review or a comparable successor tool that 25 is consistent with (i) the "U.S. Fish and Wildlife 26 Service's Land-Based Wind Energy Guidelines" and (ii) any HB3146 - 12 - LRB103 29289 AWJ 55676 b HB3146- 13 -LRB103 29289 AWJ 55676 b HB3146 - 13 - LRB103 29289 AWJ 55676 b HB3146 - 13 - LRB103 29289 AWJ 55676 b 1 applicable United States Fish and Wildlife Service solar 2 wildlife guidelines that have been subject to public 3 review. 4 (o) A county may require a commercial wind energy facility 5 or commercial solar energy facility to adhere to the 6 recommendations provided by the Illinois Department of Natural 7 Resources in an EcoCAT natural resource review report under 17 8 Ill. Admin. Code Part 1075. 9 (p) A county may require a facility owner to: 10 (1) demonstrate avoidance of protected lands as 11 identified by the Illinois Department of Natural Resources 12 and the Illinois Nature Preserve Commission; or 13 (2) consider the recommendations of the Illinois 14 Department of Natural Resources for setbacks from 15 protected lands, including areas identified by the 16 Illinois Nature Preserve Commission. 17 (q) A county may require that a facility owner provide 18 evidence of consultation with the Illinois State Historic 19 Preservation Office to assess potential impacts on 20 State-registered historic sites under the Illinois State 21 Agency Historic Resources Preservation Act. 22 (r) To maximize community benefits, including, but not 23 limited to, reduced stormwater runoff, flooding, and erosion 24 at the ground mounted solar energy system, improved soil 25 health, and increased foraging habitat for game birds, 26 songbirds, and pollinators, a county may (1) require a HB3146 - 13 - LRB103 29289 AWJ 55676 b HB3146- 14 -LRB103 29289 AWJ 55676 b HB3146 - 14 - LRB103 29289 AWJ 55676 b HB3146 - 14 - LRB103 29289 AWJ 55676 b 1 commercial solar energy facility owner to plant, establish, 2 and maintain for the life of the facility vegetative ground 3 cover, consistent with the goals of the Pollinator-Friendly 4 Solar Site Act and (2) require the submittal of a vegetation 5 management plan that is in compliance with the agricultural 6 impact mitigation agreement in the application to construct 7 and operate a commercial solar energy facility in the county. 8 No later than 90 days after the effective date of this 9 amendatory Act of the 102nd General Assembly, the Illinois 10 Department of Natural Resources shall develop guidelines for 11 vegetation management plans that may be required under this 12 subsection for commercial solar energy facilities. The 13 guidelines must include guidance for short-term and long-term 14 property management practices that provide and maintain native 15 and non-invasive naturalized perennial vegetation to protect 16 the health and well-being of pollinators. 17 (s) If a facility owner enters into a road use agreement 18 with the Illinois Department of Transportation, a road 19 district, or other unit of local government relating to a 20 commercial wind energy facility or a commercial solar energy 21 facility, the road use agreement shall require the facility 22 owner to be responsible for (i) the reasonable cost of 23 improving roads used by the facility owner to construct the 24 commercial wind energy facility or the commercial solar energy 25 facility and (ii) the reasonable cost of repairing roads used 26 by the facility owner during construction of the commercial HB3146 - 14 - LRB103 29289 AWJ 55676 b HB3146- 15 -LRB103 29289 AWJ 55676 b HB3146 - 15 - LRB103 29289 AWJ 55676 b HB3146 - 15 - LRB103 29289 AWJ 55676 b 1 wind energy facility or the commercial solar energy facility 2 so that those roads are in a condition that is safe for the 3 driving public after the completion of the facility's 4 construction. Roadways improved in preparation for and during 5 the construction of the commercial wind energy facility or 6 commercial solar energy facility shall be repaired and 7 restored to the improved condition at the reasonable cost of 8 the developer if the roadways have degraded or were damaged as 9 a result of construction-related activities. 10 The road use agreement shall not require the facility 11 owner to pay costs, fees, or charges for road work that is not 12 specifically and uniquely attributable to the construction of 13 the commercial wind energy facility or the commercial solar 14 energy facility. Road-related fees, permit fees, or other 15 charges imposed by the Illinois Department of Transportation, 16 a road district, or other unit of local government under a road 17 use agreement with the facility owner shall be reasonably 18 related to the cost of administration of the road use 19 agreement. 20 (s-5) A facility owner with siting approval from a county 21 to construct a commercial wind energy facility or a commercial 22 solar energy facility must reach an agreement with a drainage 23 district under the Illinois Drainage Code to cross or impact a 24 drainage system, including, but not limited to, drainage 25 tiles, open drainage districts, culverts, and water gathering 26 vaults, owned or under the control of the drainage district. HB3146 - 15 - LRB103 29289 AWJ 55676 b HB3146- 16 -LRB103 29289 AWJ 55676 b HB3146 - 16 - LRB103 29289 AWJ 55676 b HB3146 - 16 - LRB103 29289 AWJ 55676 b 1 The facility owner shall repair or pay for the repair of all 2 damage to the drainage system caused by the construction of 3 the commercial wind energy facility or the commercial solar 4 energy facility in accordance with the agricultural impact 5 mitigation agreement requirements for repair of drainage. The 6 facility owner shall also compensate landowners within the 7 drainage district for crop losses or other agricultural 8 damages resulting from damage to the drainage system caused by 9 the construction of the commercial wind energy facility or the 10 commercial solar energy facility. 11 (t) Notwithstanding any other provision of law, a facility 12 owner with siting approval from a county to construct a 13 commercial wind energy facility or a commercial solar energy 14 facility is authorized to cross or impact a drainage system, 15 including, but not limited to, drainage tiles, open drainage 16 districts, culverts, and water gathering vaults, owned or 17 under the control of a drainage district under the Illinois 18 Drainage Code without obtaining prior agreement or approval 19 from the drainage district, except that the facility owner 20 shall repair or pay for the repair of all damage to the 21 drainage system caused by the construction of the commercial 22 wind energy facility or the commercial solar energy facility 23 within a reasonable time after construction of the commercial 24 wind energy facility or the commercial solar energy facility 25 is complete. 26 (u) The amendments to this Section adopted in this HB3146 - 16 - LRB103 29289 AWJ 55676 b HB3146- 17 -LRB103 29289 AWJ 55676 b HB3146 - 17 - LRB103 29289 AWJ 55676 b HB3146 - 17 - LRB103 29289 AWJ 55676 b 1 amendatory Act of the 102nd General Assembly do not apply to 2 (1) an application for siting approval or for a special use 3 permit for a commercial wind energy facility or commercial 4 solar energy facility if the application was submitted to a 5 unit of local government before the effective date of this 6 amendatory Act of the 102nd General Assembly or (2) a 7 commercial wind energy facility or a commercial solar energy 8 facility if the facility owner has submitted an agricultural 9 impact mitigation agreement to the Department of Agriculture 10 before the effective date of this amendatory Act of the 102nd 11 General Assembly. 12 (Source: P.A. 101-4, eff. 4-19-19; 102-1123, eff. 1-27-23.) 13 Section 10. The Renewable Energy Facilities Agricultural 14 Impact Mitigation Act is amended by changing Section 15 as 15 follows: 16 (505 ILCS 147/15) 17 Sec. 15. Agricultural impact mitigation agreement. 18 (a) A commercial renewable energy facility owner of a 19 commercial wind energy facility or a commercial solar energy 20 facility that is located on landowner property shall enter 21 into an agricultural impact mitigation agreement with the 22 Department outlining construction and deconstruction standards 23 and policies designed to preserve the integrity of any 24 agricultural land that is impacted by commercial renewable HB3146 - 17 - LRB103 29289 AWJ 55676 b HB3146- 18 -LRB103 29289 AWJ 55676 b HB3146 - 18 - LRB103 29289 AWJ 55676 b HB3146 - 18 - LRB103 29289 AWJ 55676 b 1 energy facility construction and deconstruction. The 2 construction and deconstruction of any commercial wind energy 3 facility or commercial solar energy facility shall be in 4 conformance with the Department's standard agricultural impact 5 mitigation agreement referenced in subsection (f) of this 6 Section, except where the commercial renewable energy facility 7 owner is subject to terms and conditions of an underlying 8 agreement between the landowner and the commercial renewable 9 energy facility owner that are more restrictive than the terms 10 and conditions of the standard agricultural impact mitigation 11 agreement. The Department or the county in which the 12 commercial wind energy facility or commercial solar energy 13 facility is to be located may halt the construction or 14 deconstruction of a commercial wind energy facility or a 15 commercial solar energy facility that does not meet or exceed 16 the terms and conditions included in the Department's standard 17 agricultural impact mitigation agreement referenced in 18 subsection (f) of this Section. Except as provided in 19 subsection (a-5) of this Section, the terms and conditions of 20 the Department's standard agricultural impact mitigation 21 agreement are subject to and may be modified by an underlying 22 agreement between the landowner and the commercial solar 23 energy facility owner. 24 (a-5) Prior to the commencement of construction, a 25 commercial renewable energy facility owner of a commercial 26 wind energy facility or a commercial solar energy facility HB3146 - 18 - LRB103 29289 AWJ 55676 b HB3146- 19 -LRB103 29289 AWJ 55676 b HB3146 - 19 - LRB103 29289 AWJ 55676 b HB3146 - 19 - LRB103 29289 AWJ 55676 b 1 commercial solar energy facility owner shall submit to the 2 county in which the commercial wind energy facility or a 3 commercial solar energy commercial solar facility is to be 4 located a deconstruction plan. A commercial renewable energy 5 commercial solar energy facility owner shall provide the 6 county with an appropriate financial assurance mechanism 7 consistent with the Department's standard agricultural impact 8 mitigation agreement for and to assure deconstruction in the 9 event of an abandonment of a commercial wind energy facility 10 or commercial solar energy facility. 11 (b) The agricultural impact mitigation agreement for a 12 commercial wind energy facility shall include, but is not 13 limited to, such items as restoration of agricultural land 14 affected by construction, deconstruction (including upon 15 abandonment of a commercial wind energy facility), 16 construction staging, and storage areas; support structures; 17 aboveground facilities; guy wires and anchors; underground 18 cabling depth; topsoil replacement; protection and repair of 19 agricultural drainage tiles; rock removal; repair of 20 compaction and rutting; land leveling; prevention of soil 21 erosion; repair of damaged soil conservation practices; 22 compensation for damages to private property; clearing of 23 trees and brush; interference with irrigation systems; access 24 roads; weed control; pumping of water from open excavations; 25 advance notice of access to private property; indemnification 26 of landowners; and deconstruction plans and financial HB3146 - 19 - LRB103 29289 AWJ 55676 b HB3146- 20 -LRB103 29289 AWJ 55676 b HB3146 - 20 - LRB103 29289 AWJ 55676 b HB3146 - 20 - LRB103 29289 AWJ 55676 b 1 assurance for deconstruction (including upon abandonment of a 2 commercial wind energy facility). 3 (b-5) The agricultural impact mitigation agreement for a 4 commercial solar energy facility shall include, but is not 5 limited to, such items as restoration of agricultural land 6 affected by construction, deconstruction (including upon 7 abandonment of a commercial solar energy facility); support 8 structures; aboveground facilities; guy wires and anchors; 9 underground cabling depth; topsoil removal and replacement; 10 rerouting and permanent repair of agricultural drainage tiles; 11 rock removal; repair of compaction and rutting; construction 12 during wet weather; land leveling; prevention of soil erosion; 13 repair of damaged soil conservation practices; compensation 14 for damages to private property; clearing of trees and brush; 15 access roads; weed control; advance notice of access to 16 private property; indemnification of landowners; and 17 deconstruction plans and financial assurance for 18 deconstruction (including upon abandonment of a commercial 19 solar energy facility). The commercial solar energy facility 20 owner shall enter into one agricultural impact mitigation 21 agreement for each commercial solar energy facility. 22 (c) For a commercial renewable energy facility owner of a 23 commercial wind energy facility or a commercial solar energy 24 facility commercial wind energy facility owners seeking a 25 permit from a county or municipality for the construction of a 26 commercial wind energy facility, the agricultural impact HB3146 - 20 - LRB103 29289 AWJ 55676 b HB3146- 21 -LRB103 29289 AWJ 55676 b HB3146 - 21 - LRB103 29289 AWJ 55676 b HB3146 - 21 - LRB103 29289 AWJ 55676 b 1 mitigation agreement shall be entered into prior to the public 2 hearing required prior to a siting decision of a county or 3 municipality regarding the commercial wind energy facility. 4 The agricultural impact mitigation agreement is binding on any 5 subsequent commercial wind energy facility owner that takes 6 ownership of the commercial wind energy facility that is the 7 subject of the agreement. 8 (c-5) (Blank). A commercial solar energy facility owner 9 shall, not less than 45 days prior to commencement of actual 10 construction, submit to the Department a standard agricultural 11 impact mitigation agreement as referenced in subsection (f) of 12 this Section signed by the commercial solar energy facility 13 owner and including all information required by the 14 Department. The commercial solar energy facility owner shall 15 provide either a copy of that submitted agreement or a copy of 16 the fully executed project-specific agricultural impact 17 mitigation agreement to the landowner not less than 30 days 18 prior to the commencement of construction. The agricultural 19 impact mitigation agreement is binding on any subsequent 20 commercial solar energy facility owner that takes ownership of 21 the commercial solar energy facility that is the subject of 22 the agreement. 23 (d) If a commercial renewable energy facility owner seeks 24 an extension of a permit granted by a county or municipality 25 for the construction of a commercial wind energy facility 26 prior to the effective date of this Act, the agricultural HB3146 - 21 - LRB103 29289 AWJ 55676 b HB3146- 22 -LRB103 29289 AWJ 55676 b HB3146 - 22 - LRB103 29289 AWJ 55676 b HB3146 - 22 - LRB103 29289 AWJ 55676 b 1 impact mitigation agreement shall be entered into prior to a 2 decision by the county or municipality to grant the permit 3 extension. 4 (e) The Department may adopt rules that are necessary and 5 appropriate for the implementation and administration of 6 agricultural impact mitigation agreements as required under 7 this Act. 8 (f) The Department shall make available on its website a 9 standard agricultural impact mitigation agreement applicable 10 to all commercial wind energy facilities or commercial solar 11 energy facilities within 60 days after the effective date of 12 this amendatory Act of the 100th General Assembly. 13 (g) Nothing in this amendatory Act of the 100th General 14 Assembly and nothing in an agricultural impact mitigation 15 agreement shall be construed to apply to or otherwise impair 16 an underlying agreement for a commercial solar energy facility 17 entered into prior to the effective date of this amendatory 18 Act of the 100th General Assembly. 19 (Source: P.A. 99-132, eff. 7-24-15; 100-598, eff. 6-29-18.) 20 Section 99. Effective date. This Act takes effect upon 21 becoming law. HB3146 - 22 - LRB103 29289 AWJ 55676 b