Illinois 2023-2024 Regular Session

Illinois House Bill HB4037 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 HB4037 Introduced , by Rep. Chris Miller SYNOPSIS AS INTRODUCED: 55 ILCS 5/5-12020 Amends the Counties Code. Provides that a commercial wind energy facility owner or solar energy facility owner must file a land reclamation plan and a recycling plan with the Department of Agriculture prior to the required public hearing on the siting of a facility. Provides that the land reclamation plan must outline how the property on which a facility has been constructed will be returned to the state the property existed prior to the construction of the facility upon removal of the facility. Provides that the recycling plan must outline how the material used to construct the facility will be recycled. Provides that a commercial solar energy facility may not be sited on property where the property's soil's crop productivity index is greater than 110. Effective immediately. LRB103 31868 AWJ 60516 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB4037 Introduced , by Rep. Chris Miller SYNOPSIS AS INTRODUCED: 55 ILCS 5/5-12020 55 ILCS 5/5-12020 Amends the Counties Code. Provides that a commercial wind energy facility owner or solar energy facility owner must file a land reclamation plan and a recycling plan with the Department of Agriculture prior to the required public hearing on the siting of a facility. Provides that the land reclamation plan must outline how the property on which a facility has been constructed will be returned to the state the property existed prior to the construction of the facility upon removal of the facility. Provides that the recycling plan must outline how the material used to construct the facility will be recycled. Provides that a commercial solar energy facility may not be sited on property where the property's soil's crop productivity index is greater than 110. Effective immediately. LRB103 31868 AWJ 60516 b LRB103 31868 AWJ 60516 b A BILL FOR
2	2	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB4037 Introduced , by Rep. Chris Miller SYNOPSIS AS INTRODUCED:
3	3	55 ILCS 5/5-12020 55 ILCS 5/5-12020
4	4	55 ILCS 5/5-12020
5	5	Amends the Counties Code. Provides that a commercial wind energy facility owner or solar energy facility owner must file a land reclamation plan and a recycling plan with the Department of Agriculture prior to the required public hearing on the siting of a facility. Provides that the land reclamation plan must outline how the property on which a facility has been constructed will be returned to the state the property existed prior to the construction of the facility upon removal of the facility. Provides that the recycling plan must outline how the material used to construct the facility will be recycled. Provides that a commercial solar energy facility may not be sited on property where the property's soil's crop productivity index is greater than 110. Effective immediately.
6	6	LRB103 31868 AWJ 60516 b LRB103 31868 AWJ 60516 b
7	7	LRB103 31868 AWJ 60516 b
8	8	A BILL FOR
9	9	HB4037LRB103 31868 AWJ 60516 b HB4037 LRB103 31868 AWJ 60516 b
10	10	HB4037 LRB103 31868 AWJ 60516 b
11	11	1 AN ACT concerning local government.
12	12	2 Be it enacted by the People of the State of Illinois,
13	13	3 represented in the General Assembly:
14	14	4 Section 5. The Counties Code is amended by changing
15	15	5 Section 5-12020 as follows:
16	16	6 (55 ILCS 5/5-12020)
17	17	7 Sec. 5-12020. Commercial wind energy facilities and
18	18	8 commercial solar energy facilities.
19	19	9 (a) As used in this Section:
20	20	10 "Commercial solar energy facility" means a "commercial
21	21	11 solar energy system" as defined in Section 10-720 of the
22	22	12 Property Tax Code. "Commercial solar energy facility" does not
23	23	13 mean a utility-scale solar energy facility being constructed
24	24	14 at a site that was eligible to participate in a procurement
25	25	15 event conducted by the Illinois Power Agency pursuant to
26	26	16 subsection (c-5) of Section 1-75 of the Illinois Power Agency
27	27	17 Act.
28	28	18 "Commercial wind energy facility" means a wind energy
29	29	19 conversion facility of equal or greater than 500 kilowatts in
30	30	20 total nameplate generating capacity. "Commercial wind energy
31	31	21 facility" includes a wind energy conversion facility seeking
32	32	22 an extension of a permit to construct granted by a county or
33	33	23 municipality before January 27, 2023 (the effective date of
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37	37	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB4037 Introduced , by Rep. Chris Miller SYNOPSIS AS INTRODUCED:
38	38	55 ILCS 5/5-12020 55 ILCS 5/5-12020
39	39	55 ILCS 5/5-12020
40	40	Amends the Counties Code. Provides that a commercial wind energy facility owner or solar energy facility owner must file a land reclamation plan and a recycling plan with the Department of Agriculture prior to the required public hearing on the siting of a facility. Provides that the land reclamation plan must outline how the property on which a facility has been constructed will be returned to the state the property existed prior to the construction of the facility upon removal of the facility. Provides that the recycling plan must outline how the material used to construct the facility will be recycled. Provides that a commercial solar energy facility may not be sited on property where the property's soil's crop productivity index is greater than 110. Effective immediately.
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43	43	A BILL FOR
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68	68	1 Public Act 102-1123) this amendatory Act of the 102nd General
69	69	2 Assembly.
70	70	3 "Facility owner" means (i) a person with a direct
71	71	4 ownership interest in a commercial wind energy facility or a
72	72	5 commercial solar energy facility, or both, regardless of
73	73	6 whether the person is involved in acquiring the necessary
74	74	7 rights, permits, and approvals or otherwise planning for the
75	75	8 construction and operation of the facility, and (ii) at the
76	76	9 time the facility is being developed, a person who is acting as
77	77	10 a developer of the facility by acquiring the necessary rights,
78	78	11 permits, and approvals or by planning for the construction and
79	79	12 operation of the facility, regardless of whether the person
80	80	13 will own or operate the facility.
81	81	14 "Nonparticipating property" means real property that is
82	82	15 not a participating property.
83	83	16 "Nonparticipating residence" means a residence that is
84	84	17 located on nonparticipating property and that is existing and
85	85	18 occupied on the date that an application for a permit to
86	86	19 develop the commercial wind energy facility or the commercial
87	87	20 solar energy facility is filed with the county.
88	88	21 "Occupied community building" means any one or more of the
89	89	22 following buildings that is existing and occupied on the date
90	90	23 that the application for a permit to develop the commercial
91	91	24 wind energy facility or the commercial solar energy facility
92	92	25 is filed with the county: a school, place of worship, day care
93	93	26 facility, public library, or community center.
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104	104	1 "Participating property" means real property that is the
105	105	2 subject of a written agreement between a facility owner and
106	106	3 the owner of the real property that provides the facility
107	107	4 owner an easement, option, lease, or license to use the real
108	108	5 property for the purpose of constructing a commercial wind
109	109	6 energy facility, a commercial solar energy facility, or
110	110	7 supporting facilities. "Participating property" also includes
111	111	8 real property that is owned by a facility owner for the purpose
112	112	9 of constructing a commercial wind energy facility, a
113	113	10 commercial solar energy facility, or supporting facilities.
114	114	11 "Participating residence" means a residence that is
115	115	12 located on participating property and that is existing and
116	116	13 occupied on the date that an application for a permit to
117	117	14 develop the commercial wind energy facility or the commercial
118	118	15 solar energy facility is filed with the county.
119	119	16 "Protected lands" means real property that is:
120	120	17 (1) subject to a permanent conservation right
121	121	18 consistent with the Real Property Conservation Rights Act;
122	122	19 or
123	123	20 (2) registered or designated as a nature preserve,
124	124	21 buffer, or land and water reserve under the Illinois
125	125	22 Natural Areas Preservation Act.
126	126	23 "Supporting facilities" means the transmission lines,
127	127	24 substations, access roads, meteorological towers, storage
128	128	25 containers, and equipment associated with the generation and
129	129	26 storage of electricity by the commercial wind energy facility
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140	140	1 or commercial solar energy facility.
141	141	2 "Wind tower" includes the wind turbine tower, nacelle, and
142	142	3 blades.
143	143	4 (b) Notwithstanding any other provision of law or whether
144	144	5 the county has formed a zoning commission and adopted formal
145	145	6 zoning under Section 5-12007, a county may establish standards
146	146	7 for commercial wind energy facilities, commercial solar energy
147	147	8 facilities, or both. The standards may include all of the
148	148	9 requirements specified in this Section but may not include
149	149	10 requirements for commercial wind energy facilities or
150	150	11 commercial solar energy facilities that are more restrictive
151	151	12 than specified in this Section. A county may also regulate the
152	152	13 siting of commercial wind energy facilities with standards
153	153	14 that are not more restrictive than the requirements specified
154	154	15 in this Section in unincorporated areas of the county that are
155	155	16 outside the zoning jurisdiction of a municipality and that are
156	156	17 outside the 1.5-mile radius surrounding the zoning
157	157	18 jurisdiction of a municipality.
158	158	19 (c) If a county has elected to establish standards under
159	159	20 subsection (b), before the county grants siting approval or a
160	160	21 special use permit for a commercial wind energy facility or a
161	161	22 commercial solar energy facility, or modification of an
162	162	23 approved siting or special use permit, the county board of the
163	163	24 county in which the facility is to be sited or the zoning board
164	164	25 of appeals for the county shall hold at least one public
165	165	26 hearing. The public hearing shall be conducted in accordance
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176	176	1 with the Open Meetings Act and shall be held not more than 45
177	177	2 days after the filing of the application for the facility. The
178	178	3 county shall allow interested parties to a special use permit
179	179	4 an opportunity to present evidence and to cross-examine
180	180	5 witnesses at the hearing, but the county may impose reasonable
181	181	6 restrictions on the public hearing, including reasonable time
182	182	7 limitations on the presentation of evidence and the
183	183	8 cross-examination of witnesses. The county shall also allow
184	184	9 public comment at the public hearing in accordance with the
185	185	10 Open Meetings Act. The county shall make its siting and
186	186	11 permitting decisions not more than 30 days after the
187	187	12 conclusion of the public hearing. Notice of the hearing shall
188	188	13 be published in a newspaper of general circulation in the
189	189	14 county. A facility owner must enter into an agricultural
190	190	15 impact mitigation agreement and file a land reclamation plan
191	191	16 and a recycling plan with the Department of Agriculture prior
192	192	17 to the date of the required public hearing. The land
193	193	18 reclamation plan must outline how the property on which a
194	194	19 facility has been constructed will be returned to the state
195	195	20 the property existed prior to the construction of the facility
196	196	21 upon removal of the facility. The recycling plan must outline
197	197	22 how the material used to construct the facility will be
198	198	23 recycled. A commercial wind energy facility owner seeking an
199	199	24 extension of a permit granted by a county prior to July 24,
200	200	25 2015 (the effective date of Public Act 99-132) must enter into
201	201	26 an agricultural impact mitigation agreement with the
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212	212	1 Department of Agriculture prior to a decision by the county to
213	213	2 grant the permit extension. Counties may allow test wind
214	214	3 towers or test solar energy systems to be sited without formal
215	215	4 approval by the county board.
216	216	5 (d) A county with an existing zoning ordinance in conflict
217	217	6 with this Section shall amend that zoning ordinance to be in
218	218	7 compliance with this Section within 120 days after January 27,
219	219	8 2023 (the effective date of Public Act 102-1123) this
220	220	9 amendatory Act of the 102nd General Assembly.
221	221	10 (e) A county may require:
222	222	11 (1) a wind tower of a commercial wind energy facility
223	223	12 to be sited as follows, with setback distances measured
224	224	13 from the center of the base of the wind tower:
225	225	14 Setback Description Setback Distance
226	226	15 Occupied Community 2.1 times the maximum blade tip
227	227	16 Buildings height of the wind tower to the
228	228	17 nearest point on the outside
229	229	18 wall of the structure
230	230	19 Participating Residences 1.1 times the maximum blade tip
231	231	20 height of the wind tower to the
232	232	21 nearest point on the outside
233	233	22 wall of the structure
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244	244	1 Nonparticipating Residences 2.1 times the maximum blade tip
245	245	2 height of the wind tower to the
246	246	3 nearest point on the outside
247	247	4 wall of the structure
248	248	5 Boundary Lines of None
249	249	6 Participating Property
250	250	7 Boundary Lines of 1.1 times the maximum blade tip
251	251	8 Nonparticipating Property height of the wind tower to the
252	252	9 nearest point on the property
253	253	10 line of the nonparticipating
254	254	11 property
255	255	12 Public Road Rights-of-Way 1.1 times the maximum blade tip
256	256	13 height of the wind tower
257	257	14 to the center point of the
258	258	15 public road right-of-way
259	259	16 Overhead Communication and 1.1 times the maximum blade tip
260	260	17 Electric Transmission height of the wind tower to the
261	261	18 and Distribution Facilities nearest edge of the property
262	262	19 (Not Including Overhead line, easement, or
263	263	20 Utility Service Lines to right-of-way right of way
264	264	21 Individual Houses or containing the overhead line
265	265	22 Outbuildings)
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276	276	1 Overhead Utility Service None
277	277	2 Lines to Individual
278	278	3 Houses or Outbuildings
279	279	4 Fish and Wildlife Areas 2.1 times the maximum blade
280	280	5 and Illinois Nature tip height of the wind tower
281	281	6 Preserve Commission to the nearest point on the
282	282	7 Protected Lands property line of the fish and
283	283	8 wildlife area or protected
284	284	9 land
285	285	10 This Section does not exempt or excuse compliance with
286	286	11 electric facility clearances approved or required by the
287	287	12 National Electrical Code, The National Electrical Safety
288	288	13 Code, Illinois Commerce Commission, Federal Energy
289	289	14 Regulatory Commission, and their designees or successors.
290	290	15 (2) a wind tower of a commercial wind energy facility
291	291	16 to be sited so that industry standard computer modeling
292	292	17 indicates that any occupied community building or
293	293	18 nonparticipating residence will not experience more than
294	294	19 30 hours per year of shadow flicker under planned
295	295	20 operating conditions;
296	296	21 (3) a commercial solar energy facility to be sited as
297	297	22 follows, with setback distances measured from the nearest
298	298	23 edge of any component of the facility:
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309	309	1 Setback Description Setback Distance
310	310	2 Occupied Community 150 feet from the nearest
311	311	3 Buildings and Dwellings on point on the outside wall
312	312	4 Nonparticipating Properties of the structure
313	313	5 Boundary Lines of None
314	314	6 Participating Property
315	315	7 Public Road Rights-of-Way 50 feet from the nearest
316	316	8 edge
317	317	9 Boundary Lines of 50 feet to the nearest
318	318	10 Nonparticipating Property point on the property
319	319	11 line of the nonparticipating
320	320	12 property
321	321	13 (4) a commercial solar energy facility to be sited so
322	322	14 that the facility's perimeter is enclosed by fencing
323	323	15 having a height of at least 6 feet and no more than 25
324	324	16 feet; and
325	325	17 (5) a commercial solar energy facility to be sited so
326	326	18 that no component of a solar panel has a height of more
327	327	19 than 20 feet above ground when the solar energy facility's
328	328	20 arrays are at full tilt.
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339	339	1 The requirements set forth in this subsection (e) may be
340	340	2 waived subject to the written consent of the owner of each
341	341	3 affected nonparticipating property.
342	342	4 (e-5) A commercial solar energy facility may not be sited
343	343	5 on property where the property's soil's crop productivity
344	344	6 index is greater than 110, as "crop productivity index" is
345	345	7 used in the University of Illinois at Urbana-Champaign's
346	346	8 Optimum Crop Productivity Ratings for Illinois Soil or
347	347	9 subsequent publication.
348	348	10 (f) A county may not set a sound limitation for wind towers
349	349	11 in commercial wind energy facilities or any components in
350	350	12 commercial solar energy facilities facility that is more
351	351	13 restrictive than the sound limitations established by the
352	352	14 Illinois Pollution Control Board under 35 Ill. Adm. Code Parts
353	353	15 900, 901, and 910.
354	354	16 (g) A county may not place any restriction on the
355	355	17 installation or use of a commercial wind energy facility or a
356	356	18 commercial solar energy facility unless it adopts an ordinance
357	357	19 that complies with this Section. A county may not establish
358	358	20 siting standards for supporting facilities that preclude
359	359	21 development of commercial wind energy facilities or commercial
360	360	22 solar energy facilities.
361	361	23 A request for siting approval or a special use permit for a
362	362	24 commercial wind energy facility or a commercial solar energy
363	363	25 facility, or modification of an approved siting or special use
364	364	26 permit, shall be approved if the request is in compliance with
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375	375	1 the standards and conditions imposed in this Act, the zoning
376	376	2 ordinance adopted consistent with this Code, and the
377	377	3 conditions imposed under State and federal statutes and
378	378	4 regulations.
379	379	5 (h) A county may not adopt zoning regulations that
380	380	6 disallow, permanently or temporarily, commercial wind energy
381	381	7 facilities or commercial solar energy facilities from being
382	382	8 developed or operated in any district zoned to allow
383	383	9 agricultural or industrial uses.
384	384	10 (i) A county may not require permit application fees for a
385	385	11 commercial wind energy facility or commercial solar energy
386	386	12 facility that are unreasonable. All application fees imposed
387	387	13 by the county shall be consistent with fees for projects in the
388	388	14 county with similar capital value and cost.
389	389	15 (j) Except as otherwise provided in this Section, a county
390	390	16 shall not require standards for construction, decommissioning,
391	391	17 or deconstruction of a commercial wind energy facility or
392	392	18 commercial solar energy facility or related financial
393	393	19 assurances that are more restrictive than those included in
394	394	20 the Department of Agriculture's standard wind farm
395	395	21 agricultural impact mitigation agreement, template 81818, or
396	396	22 standard solar agricultural impact mitigation agreement,
397	397	23 version 8.19.19, as applicable and in effect on December 31,
398	398	24 2022. The amount of any decommissioning payment shall be
399	399	25 limited to the cost identified in the decommissioning or
400	400	26 deconstruction plan, as required by those agricultural impact
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411	411	1 mitigation agreements, minus the salvage value of the project.
412	412	2 (k) A county may not condition approval of a commercial
413	413	3 wind energy facility or commercial solar energy facility on a
414	414	4 property value guarantee and may not require a facility owner
415	415	5 to pay into a neighboring property devaluation escrow account.
416	416	6 (l) A county may require certain vegetative screening
417	417	7 surrounding a commercial wind energy facility or commercial
418	418	8 solar energy facility but may not require earthen berms or
419	419	9 similar structures.
420	420	10 (m) A county may set blade tip height limitations for wind
421	421	11 towers in commercial wind energy facilities but may not set a
422	422	12 blade tip height limitation that is more restrictive than the
423	423	13 height allowed under a Determination of No Hazard to Air
424	424	14 Navigation by the Federal Aviation Administration under 14 CFR
425	425	15 Part 77.
426	426	16 (n) A county may require that a commercial wind energy
427	427	17 facility owner or commercial solar energy facility owner
428	428	18 provide:
429	429	19 (1) the results and recommendations from consultation
430	430	20 with the Illinois Department of Natural Resources that are
431	431	21 obtained through the Ecological Compliance Assessment Tool
432	432	22 (EcoCAT) or a comparable successor tool; and
433	433	23 (2) the results of the United States Fish and Wildlife
434	434	24 Service's Information for Planning and Consulting
435	435	25 environmental review or a comparable successor tool that
436	436	26 is consistent with (i) the "U.S. Fish and Wildlife
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447	447	1 Service's Land-Based Wind Energy Guidelines" and (ii) any
448	448	2 applicable United States Fish and Wildlife Service solar
449	449	3 wildlife guidelines that have been subject to public
450	450	4 review.
451	451	5 (o) A county may require a commercial wind energy facility
452	452	6 or commercial solar energy facility to adhere to the
453	453	7 recommendations provided by the Illinois Department of Natural
454	454	8 Resources in an EcoCAT natural resource review report under 17
455	455	9 Ill. Adm. Admin. Code Part 1075.
456	456	10 (p) A county may require a facility owner to:
457	457	11 (1) demonstrate avoidance of protected lands as
458	458	12 identified by the Illinois Department of Natural Resources
459	459	13 and the Illinois Nature Preserve Commission; or
460	460	14 (2) consider the recommendations of the Illinois
461	461	15 Department of Natural Resources for setbacks from
462	462	16 protected lands, including areas identified by the
463	463	17 Illinois Nature Preserve Commission.
464	464	18 (q) A county may require that a facility owner provide
465	465	19 evidence of consultation with the Illinois State Historic
466	466	20 Preservation Office to assess potential impacts on
467	467	21 State-registered historic sites under the Illinois State
468	468	22 Agency Historic Resources Preservation Act.
469	469	23 (r) To maximize community benefits, including, but not
470	470	24 limited to, reduced stormwater runoff, flooding, and erosion
471	471	25 at the ground mounted solar energy system, improved soil
472	472	26 health, and increased foraging habitat for game birds,
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483	483	1 songbirds, and pollinators, a county may (1) require a
484	484	2 commercial solar energy facility owner to plant, establish,
485	485	3 and maintain for the life of the facility vegetative ground
486	486	4 cover, consistent with the goals of the Pollinator-Friendly
487	487	5 Solar Site Act and (2) require the submittal of a vegetation
488	488	6 management plan in the application to construct and operate a
489	489	7 commercial solar energy facility in the county.
490	490	8 No later than 90 days after January 27, 2023 (the
491	491	9 effective date of Public Act 102-1123) this amendatory Act of
492	492	10 the 102nd General Assembly, the Illinois Department of Natural
493	493	11 Resources shall develop guidelines for vegetation management
494	494	12 plans that may be required under this subsection for
495	495	13 commercial solar energy facilities. The guidelines must
496	496	14 include guidance for short-term and long-term property
497	497	15 management practices that provide and maintain native and
498	498	16 non-invasive naturalized perennial vegetation to protect the
499	499	17 health and well-being of pollinators.
500	500	18 (s) If a facility owner enters into a road use agreement
501	501	19 with the Illinois Department of Transportation, a road
502	502	20 district, or other unit of local government relating to a
503	503	21 commercial wind energy facility or a commercial solar energy
504	504	22 facility, the road use agreement shall require the facility
505	505	23 owner to be responsible for (i) the reasonable cost of
506	506	24 improving roads used by the facility owner to construct the
507	507	25 commercial wind energy facility or the commercial solar energy
508	508	26 facility and (ii) the reasonable cost of repairing roads used
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519	519	1 by the facility owner during construction of the commercial
520	520	2 wind energy facility or the commercial solar energy facility
521	521	3 so that those roads are in a condition that is safe for the
522	522	4 driving public after the completion of the facility's
523	523	5 construction. Roadways improved in preparation for and during
524	524	6 the construction of the commercial wind energy facility or
525	525	7 commercial solar energy facility shall be repaired and
526	526	8 restored to the improved condition at the reasonable cost of
527	527	9 the developer if the roadways have degraded or were damaged as
528	528	10 a result of construction-related activities.
529	529	11 The road use agreement shall not require the facility
530	530	12 owner to pay costs, fees, or charges for road work that is not
531	531	13 specifically and uniquely attributable to the construction of
532	532	14 the commercial wind energy facility or the commercial solar
533	533	15 energy facility. Road-related fees, permit fees, or other
534	534	16 charges imposed by the Illinois Department of Transportation,
535	535	17 a road district, or other unit of local government under a road
536	536	18 use agreement with the facility owner shall be reasonably
537	537	19 related to the cost of administration of the road use
538	538	20 agreement.
539	539	21 (t) Notwithstanding any other provision of law, a facility
540	540	22 owner with siting approval from a county to construct a
541	541	23 commercial wind energy facility or a commercial solar energy
542	542	24 facility is authorized to cross or impact a drainage system,
543	543	25 including, but not limited to, drainage tiles, open drainage
544	544	26 districts, culverts, and water gathering vaults, owned or
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555	555	1 under the control of a drainage district under the Illinois
556	556	2 Drainage Code without obtaining prior agreement or approval
557	557	3 from the drainage district, except that the facility owner
558	558	4 shall repair or pay for the repair of all damage to the
559	559	5 drainage system caused by the construction of the commercial
560	560	6 wind energy facility or the commercial solar energy facility
561	561	7 within a reasonable time after construction of the commercial
562	562	8 wind energy facility or the commercial solar energy facility
563	563	9 is complete.
564	564	10 (u) The amendments to this Section adopted in Public Act
565	565	11 102-1123 this amendatory Act of the 102nd General Assembly do
566	566	12 not apply to (1) an application for siting approval or for a
567	567	13 special use permit for a commercial wind energy facility or
568	568	14 commercial solar energy facility if the application was
569	569	15 submitted to a unit of local government before January 27,
570	570	16 2023 (the effective date of Public Act 102-1123) this
571	571	17 amendatory Act of the 102nd General Assembly or (2) a
572	572	18 commercial wind energy facility or a commercial solar energy
573	573	19 facility if the facility owner has submitted an agricultural
574	574	20 impact mitigation agreement to the Department of Agriculture
575	575	21 before January 27, 2023 (the effective date of Public Act
576	576	22 102-1123) this amendatory Act of the 102nd General Assembly.
577	577	23 (Source: P.A. 101-4, eff. 4-19-19; 102-1123, eff. 1-27-23;
578	578	24 revised 4-5-23.)
579	579	25 Section 99. Effective date. This Act takes effect upon
580	580	26 becoming law.
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