Illinois 2023-2024 Regular Session

Illinois Senate Bill SB1127 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	Public Act 103-0081
2	1		SB1127 EnrolledLRB103 05566 BMS 50585 b SB1127 Enrolled LRB103 05566 BMS 50585 b
3	2		SB1127 Enrolled LRB103 05566 BMS 50585 b
4		-	AN ACT concerning regulation.
5		-	Be it enacted by the People of the State of Illinois,
6		-	represented in the General Assembly:
7		-	Section 5. The Counties Code is amended by changing
8		-	Section 5-12020 as follows:
9		-	(55 ILCS 5/5-12020)
10		-	Sec. 5-12020. Commercial wind energy facilities and
11		-	commercial solar energy facilities.
12		-	(a) As used in this Section:
13		-	"Commercial solar energy facility" means a "commercial
14		-	solar energy system" as defined in Section 10-720 of the
15		-	Property Tax Code. "Commercial solar energy facility" does not
16		-	mean a utility-scale solar energy facility being constructed
17		-	at a site that was eligible to participate in a procurement
18		-	event conducted by the Illinois Power Agency pursuant to
19		-	subsection (c-5) of Section 1-75 of the Illinois Power Agency
20		-	Act.
21		-	"Commercial wind energy facility" means a wind energy
22		-	conversion facility of equal or greater than 500 kilowatts in
23		-	total nameplate generating capacity. "Commercial wind energy
24		-	facility" includes a wind energy conversion facility seeking
25		-	an extension of a permit to construct granted by a county or
26		-	municipality before the effective date of this amendatory Act
	3	+	1 AN ACT concerning regulation.
	4	+	2 Be it enacted by the People of the State of Illinois,
	5	+	3 represented in the General Assembly:
	6	+	4 Section 5. The Counties Code is amended by changing
	7	+	5 Section 5-12020 as follows:
	8	+	6 (55 ILCS 5/5-12020)
	9	+	7 Sec. 5-12020. Commercial wind energy facilities and
	10	+	8 commercial solar energy facilities.
	11	+	9 (a) As used in this Section:
	12	+	10 "Commercial solar energy facility" means a "commercial
	13	+	11 solar energy system" as defined in Section 10-720 of the
	14	+	12 Property Tax Code. "Commercial solar energy facility" does not
	15	+	13 mean a utility-scale solar energy facility being constructed
	16	+	14 at a site that was eligible to participate in a procurement
	17	+	15 event conducted by the Illinois Power Agency pursuant to
	18	+	16 subsection (c-5) of Section 1-75 of the Illinois Power Agency
	19	+	17 Act.
	20	+	18 "Commercial wind energy facility" means a wind energy
	21	+	19 conversion facility of equal or greater than 500 kilowatts in
	22	+	20 total nameplate generating capacity. "Commercial wind energy
	23	+	21 facility" includes a wind energy conversion facility seeking
	24	+	22 an extension of a permit to construct granted by a county or
	25	+	23 municipality before the effective date of this amendatory Act
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31	30
32	31
33		-	of the 102nd General Assembly.
34		-	"Facility owner" means (i) a person with a direct
35		-	ownership interest in a commercial wind energy facility or a
36		-	commercial solar energy facility, or both, regardless of
37		-	whether the person is involved in acquiring the necessary
38		-	rights, permits, and approvals or otherwise planning for the
39		-	construction and operation of the facility, and (ii) at the
40		-	time the facility is being developed, a person who is acting as
41		-	a developer of the facility by acquiring the necessary rights,
42		-	permits, and approvals or by planning for the construction and
43		-	operation of the facility, regardless of whether the person
44		-	will own or operate the facility.
45		-	"Nonparticipating property" means real property that is
46		-	not a participating property.
47		-	"Nonparticipating residence" means a residence that is
48		-	located on nonparticipating property and that is existing and
49		-	occupied on the date that an application for a permit to
50		-	develop the commercial wind energy facility or the commercial
51		-	solar energy facility is filed with the county.
52		-	"Occupied community building" means any one or more of the
53		-	following buildings that is existing and occupied on the date
54		-	that the application for a permit to develop the commercial
55		-	wind energy facility or the commercial solar energy facility
56		-	is filed with the county: a school, place of worship, day care
57		-	facility, public library, or community center.
58		-	"Participating property" means real property that is the
	32	+	SB1127 Enrolled- 2 -LRB103 05566 BMS 50585 b SB1127 Enrolled - 2 - LRB103 05566 BMS 50585 b
	33	+	SB1127 Enrolled - 2 - LRB103 05566 BMS 50585 b
	34	+	1 of the 102nd General Assembly.
	35	+	2 "Facility owner" means (i) a person with a direct
	36	+	3 ownership interest in a commercial wind energy facility or a
	37	+	4 commercial solar energy facility, or both, regardless of
	38	+	5 whether the person is involved in acquiring the necessary
	39	+	6 rights, permits, and approvals or otherwise planning for the
	40	+	7 construction and operation of the facility, and (ii) at the
	41	+	8 time the facility is being developed, a person who is acting as
	42	+	9 a developer of the facility by acquiring the necessary rights,
	43	+	10 permits, and approvals or by planning for the construction and
	44	+	11 operation of the facility, regardless of whether the person
	45	+	12 will own or operate the facility.
	46	+	13 "Nonparticipating property" means real property that is
	47	+	14 not a participating property.
	48	+	15 "Nonparticipating residence" means a residence that is
	49	+	16 located on nonparticipating property and that is existing and
	50	+	17 occupied on the date that an application for a permit to
	51	+	18 develop the commercial wind energy facility or the commercial
	52	+	19 solar energy facility is filed with the county.
	53	+	20 "Occupied community building" means any one or more of the
	54	+	21 following buildings that is existing and occupied on the date
	55	+	22 that the application for a permit to develop the commercial
	56	+	23 wind energy facility or the commercial solar energy facility
	57	+	24 is filed with the county: a school, place of worship, day care
	58	+	25 facility, public library, or community center.
	59	+	26 "Participating property" means real property that is the
59	60
60	61
61		-	subject of a written agreement between a facility owner and
62		-	the owner of the real property that provides the facility
63		-	owner an easement, option, lease, or license to use the real
64		-	property for the purpose of constructing a commercial wind
65		-	energy facility, a commercial solar energy facility, or
66		-	supporting facilities. "Participating property" also includes
67		-	real property that is owned by a facility owner for the purpose
68		-	of constructing a commercial wind energy facility, a
69		-	commercial solar energy facility, or supporting facilities.
70		-	"Participating residence" means a residence that is
71		-	located on participating property and that is existing and
72		-	occupied on the date that an application for a permit to
73		-	develop the commercial wind energy facility or the commercial
74		-	solar energy facility is filed with the county.
75		-	"Protected lands" means real property that is:
76		-	(1) subject to a permanent conservation right
77		-	consistent with the Real Property Conservation Rights Act;
78		-	or
79		-	(2) registered or designated as a nature preserve,
80		-	buffer, or land and water reserve under the Illinois
81		-	Natural Areas Preservation Act.
82		-	"Supporting facilities" means the transmission lines,
83		-	substations, access roads, meteorological towers, storage
84		-	containers, and equipment associated with the generation and
85		-	storage of electricity by the commercial wind energy facility
86		-	or commercial solar energy facility.
87	62
88	63
89		-	"Wind tower" includes the wind turbine tower, nacelle, and
90		-	blades.
91		-	(b) Notwithstanding any other provision of law or whether
92		-	the county has formed a zoning commission and adopted formal
93		-	zoning under Section 5-12007, a county may establish standards
94		-	for commercial wind energy facilities, commercial solar energy
95		-	facilities, or both. The standards may include all of the
96		-	requirements specified in this Section but may not include
97		-	requirements for commercial wind energy facilities or
98		-	commercial solar energy facilities that are more restrictive
99		-	than specified in this Section. A county may also regulate the
100		-	siting of commercial wind energy facilities with standards
101		-	that are not more restrictive than the requirements specified
102		-	in this Section in unincorporated areas of the county that are
103		-	outside the zoning jurisdiction of a municipality and that are
104		-	outside the 1.5-mile radius surrounding the zoning
105		-	jurisdiction of a municipality.
106		-	(c) If a county has elected to establish standards under
107		-	subsection (b), before the county grants siting approval or a
108		-	special use permit for a commercial wind energy facility or a
109		-	commercial solar energy facility, or modification of an
110		-	approved siting or special use permit, the county board of the
111		-	county in which the facility is to be sited or the zoning board
112		-	of appeals for the county shall hold at least one public
113		-	hearing. The public hearing shall be conducted in accordance
114		-	with the Open Meetings Act and shall be held not more than 45
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116	67
117		-	days after the filing of the application for the facility. The
118		-	county shall allow interested parties to a special use permit
119		-	an opportunity to present evidence and to cross-examine
120		-	witnesses at the hearing, but the county may impose reasonable
121		-	restrictions on the public hearing, including reasonable time
122		-	limitations on the presentation of evidence and the
123		-	cross-examination of witnesses. The county shall also allow
124		-	public comment at the public hearing in accordance with the
125		-	Open Meetings Act. The county shall make its siting and
126		-	permitting decisions not more than 30 days after the
127		-	conclusion of the public hearing. Notice of the hearing shall
128		-	be published in a newspaper of general circulation in the
129		-	county. A facility owner must enter into an agricultural
130		-	impact mitigation agreement with the Department of Agriculture
131		-	prior to the date of the required public hearing. A commercial
132		-	wind energy facility owner seeking an extension of a permit
133		-	granted by a county prior to July 24, 2015 (the effective date
134		-	of Public Act 99-132) must enter into an agricultural impact
135		-	mitigation agreement with the Department of Agriculture prior
136		-	to a decision by the county to grant the permit extension.
137		-	Counties may allow test wind towers or test solar energy
138		-	systems to be sited without formal approval by the county
139		-	board.
140		-	(d) A county with an existing zoning ordinance in conflict
141		-	with this Section shall amend that zoning ordinance to be in
142		-	compliance with this Section within 120 days after the
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	70	+	1 subject of a written agreement between a facility owner and
	71	+	2 the owner of the real property that provides the facility
	72	+	3 owner an easement, option, lease, or license to use the real
	73	+	4 property for the purpose of constructing a commercial wind
	74	+	5 energy facility, a commercial solar energy facility, or
	75	+	6 supporting facilities. "Participating property" also includes
	76	+	7 real property that is owned by a facility owner for the purpose
	77	+	8 of constructing a commercial wind energy facility, a
	78	+	9 commercial solar energy facility, or supporting facilities.
	79	+	10 "Participating residence" means a residence that is
	80	+	11 located on participating property and that is existing and
	81	+	12 occupied on the date that an application for a permit to
	82	+	13 develop the commercial wind energy facility or the commercial
	83	+	14 solar energy facility is filed with the county.
	84	+	15 "Protected lands" means real property that is:
	85	+	16 (1) subject to a permanent conservation right
	86	+	17 consistent with the Real Property Conservation Rights Act;
	87	+	18 or
	88	+	19 (2) registered or designated as a nature preserve,
	89	+	20 buffer, or land and water reserve under the Illinois
	90	+	21 Natural Areas Preservation Act.
	91	+	22 "Supporting facilities" means the transmission lines,
	92	+	23 substations, access roads, meteorological towers, storage
	93	+	24 containers, and equipment associated with the generation and
	94	+	25 storage of electricity by the commercial wind energy facility
	95	+	26 or commercial solar energy facility.
143	96
144	97
145		-	effective date of this amendatory Act of the 102nd General
146		-	Assembly.
147		-	(e) A county may require:
148		-	(1) a wind tower of a commercial wind energy facility
149		-	to be sited as follows, with setback distances measured
150		-	from the center of the base of the wind tower:
151		-	Setback Description Setback Distance
152		-	Occupied Community 2.1 times the maximum blade tip
153		-	Buildings height of the wind tower to the
154		-	nearest point on the outside
155		-	wall of the structure
156		-	Participating Residences 1.1 times the maximum blade tip
157		-	height of the wind tower to the
158		-	nearest point on the outside
159		-	wall of the structure
160		-	Nonparticipating Residences 2.1 times the maximum blade tip
161		-	height of the wind tower to the
162		-	nearest point on the outside
163		-	wall of the structure
164		-	Boundary Lines of None
165		-	Participating Property
166	98
167	99
168		-	Boundary Lines of 1.1 times the maximum blade tip
169		-	Nonparticipating Property height of the wind tower to the
170		-	nearest point on the property
171		-	line of the nonparticipating
172		-	property
173		-	Public Road Rights-of-Way 1.1 times the maximum blade tip
174		-	height of the wind tower
175		-	to the center point of the
176		-	public road right-of-way
177		-	Overhead Communication and 1.1 times the maximum blade tip
178		-	Electric Transmission height of the wind tower to the
179		-	and Distribution Facilities nearest edge of the property
180		-	(Not Including Overhead line, easement, or right of way
181		-	Utility Service Lines to containing the overhead line
182		-	Individual Houses or
183		-	Outbuildings)
184		-	Overhead Utility Service None
185		-	Lines to Individual
186		-	Houses or Outbuildings
187		-	Fish and Wildlife Areas 2.1 times the maximum blade
188		-	and Illinois Nature tip height of the wind tower
	100	+
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189	102
190	103
191		-	Preserve Commission to the nearest point on the
192		-	Protected Lands property line of the fish and
193		-	wildlife area or protected
194		-	land
195		-	This Section does not exempt or excuse compliance with
196		-	electric facility clearances approved or required by the
197		-	National Electrical Code, The National Electrical Safety
198		-	Code, Illinois Commerce Commission, Federal Energy
199		-	Regulatory Commission, and their designees or successors.
200		-	(2) a wind tower of a commercial wind energy facility
201		-	to be sited so that industry standard computer modeling
202		-	indicates that any occupied community building or
203		-	nonparticipating residence will not experience more than
204		-	30 hours per year of shadow flicker under planned
205		-	operating conditions;
206		-	(3) a commercial solar energy facility to be sited as
207		-	follows, with setback distances measured from the nearest
208		-	edge of any component of the facility:
209		-	Setback Description Setback Distance
210		-	Occupied Community 150 feet from the nearest
211		-	Buildings and Dwellings on point on the outside wall
212		-	Nonparticipating Properties of the structure
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	106	+	1 "Wind tower" includes the wind turbine tower, nacelle, and
	107	+	2 blades.
	108	+	3 (b) Notwithstanding any other provision of law or whether
	109	+	4 the county has formed a zoning commission and adopted formal
	110	+	5 zoning under Section 5-12007, a county may establish standards
	111	+	6 for commercial wind energy facilities, commercial solar energy
	112	+	7 facilities, or both. The standards may include all of the
	113	+	8 requirements specified in this Section but may not include
	114	+	9 requirements for commercial wind energy facilities or
	115	+	10 commercial solar energy facilities that are more restrictive
	116	+	11 than specified in this Section. A county may also regulate the
	117	+	12 siting of commercial wind energy facilities with standards
	118	+	13 that are not more restrictive than the requirements specified
	119	+	14 in this Section in unincorporated areas of the county that are
	120	+	15 outside the zoning jurisdiction of a municipality and that are
	121	+	16 outside the 1.5-mile radius surrounding the zoning
	122	+	17 jurisdiction of a municipality.
	123	+	18 (c) If a county has elected to establish standards under
	124	+	19 subsection (b), before the county grants siting approval or a
	125	+	20 special use permit for a commercial wind energy facility or a
	126	+	21 commercial solar energy facility, or modification of an
	127	+	22 approved siting or special use permit, the county board of the
	128	+	23 county in which the facility is to be sited or the zoning board
	129	+	24 of appeals for the county shall hold at least one public
	130	+	25 hearing. The public hearing shall be conducted in accordance
	131	+	26 with the Open Meetings Act and shall be held not more than 45
213	132
214	133
215		-	Boundary Lines of None
216		-	Participating Property
217		-	Public Road Rights-of-Way 50 feet from the nearest
218		-	edge
219		-	Boundary Lines of 50 feet to the nearest
220		-	Nonparticipating Property point on the property
221		-	line of the nonparticipating
222		-	property
223		-	(4) a commercial solar energy facility to be sited so
224		-	that the facility's perimeter is enclosed by fencing
225		-	having a height of at least 6 feet and no more than 25
226		-	feet; and
227		-	(5) a commercial solar energy facility to be sited so
228		-	that no component of a solar panel has a height of more
229		-	than 20 feet above ground when the solar energy facility's
230		-	arrays are at full tilt.
231		-	The requirements set forth in this subsection (e) may be
232		-	waived subject to the written consent of the owner of each
233		-	affected nonparticipating property.
234		-	(f) A county may not set a sound limitation for wind towers
235		-	in commercial wind energy facilities or any components in
236		-	commercial solar energy facility that is more restrictive than
237		-	the sound limitations established by the Illinois Pollution
238	134
239	135
240		-	Control Board under 35 Ill. Adm. Code Parts 900, 901, and 910.
241		-	(g) A county may not place any restriction on the
242		-	installation or use of a commercial wind energy facility or a
243		-	commercial solar energy facility unless it adopts an ordinance
244		-	that complies with this Section. A county may not establish
245		-	siting standards for supporting facilities that preclude
246		-	development of commercial wind energy facilities or commercial
247		-	solar energy facilities.
248		-	A request for siting approval or a special use permit for a
249		-	commercial wind energy facility or a commercial solar energy
250		-	facility, or modification of an approved siting or special use
251		-	permit, shall be approved if the request is in compliance with
252		-	the standards and conditions imposed in this Act, the zoning
253		-	ordinance adopted consistent with this Code, and the
254		-	conditions imposed under State and federal statutes and
255		-	regulations.
256		-	(h) A county may not adopt zoning regulations that
257		-	disallow, permanently or temporarily, commercial wind energy
258		-	facilities or commercial solar energy facilities from being
259		-	developed or operated in any district zoned to allow
260		-	agricultural or industrial uses.
261		-	(i) A county may not require permit application fees for a
262		-	commercial wind energy facility or commercial solar energy
263		-	facility that are unreasonable. All application fees imposed
264		-	by the county shall be consistent with fees for projects in the
265		-	county with similar capital value and cost.
	136	+
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266	138
267	139
268		-	(j) Except as otherwise provided in this Section, a county
269		-	shall not require standards for construction, decommissioning,
270		-	or deconstruction of a commercial wind energy facility or
271		-	commercial solar energy facility or related financial
272		-	assurances that are more restrictive than those included in
273		-	the Department of Agriculture's standard wind farm
274		-	agricultural impact mitigation agreement, template 81818, or
275		-	standard solar agricultural impact mitigation agreement,
276		-	version 8.19.19, as applicable and in effect on December 31,
277		-	2022. The amount of any decommissioning payment shall be
278		-	limited to the cost identified in the decommissioning or
279		-	deconstruction plan, as required by those agricultural impact
280		-	mitigation agreements, minus the salvage value of the project.
281		-	(k) A county may not condition approval of a commercial
282		-	wind energy facility or commercial solar energy facility on a
283		-	property value guarantee and may not require a facility owner
284		-	to pay into a neighboring property devaluation escrow account.
285		-	(l) A county may require certain vegetative screening
286		-	surrounding a commercial wind energy facility or commercial
287		-	solar energy facility but may not require earthen berms or
288		-	similar structures.
289		-	(m) A county may set blade tip height limitations for wind
290		-	towers in commercial wind energy facilities but may not set a
291		-	blade tip height limitation that is more restrictive than the
292		-	height allowed under a Determination of No Hazard to Air
293		-	Navigation by the Federal Aviation Administration under 14 CFR
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	142	+	1 days after the filing of the application for the facility. The
	143	+	2 county shall allow interested parties to a special use permit
	144	+	3 an opportunity to present evidence and to cross-examine
	145	+	4 witnesses at the hearing, but the county may impose reasonable
	146	+	5 restrictions on the public hearing, including reasonable time
	147	+	6 limitations on the presentation of evidence and the
	148	+	7 cross-examination of witnesses. The county shall also allow
	149	+	8 public comment at the public hearing in accordance with the
	150	+	9 Open Meetings Act. The county shall make its siting and
	151	+	10 permitting decisions not more than 30 days after the
	152	+	11 conclusion of the public hearing. Notice of the hearing shall
	153	+	12 be published in a newspaper of general circulation in the
	154	+	13 county. A facility owner must enter into an agricultural
	155	+	14 impact mitigation agreement with the Department of Agriculture
	156	+	15 prior to the date of the required public hearing. A commercial
	157	+	16 wind energy facility owner seeking an extension of a permit
	158	+	17 granted by a county prior to July 24, 2015 (the effective date
	159	+	18 of Public Act 99-132) must enter into an agricultural impact
	160	+	19 mitigation agreement with the Department of Agriculture prior
	161	+	20 to a decision by the county to grant the permit extension.
	162	+	21 Counties may allow test wind towers or test solar energy
	163	+	22 systems to be sited without formal approval by the county
	164	+	23 board.
	165	+	24 (d) A county with an existing zoning ordinance in conflict
	166	+	25 with this Section shall amend that zoning ordinance to be in
	167	+	26 compliance with this Section within 120 days after the
294	168
295	169
296		-	Part 77.
297		-	(n) A county may require that a commercial wind energy
298		-	facility owner or commercial solar energy facility owner
299		-	provide:
300		-	(1) the results and recommendations from consultation
301		-	with the Illinois Department of Natural Resources that are
302		-	obtained through the Ecological Compliance Assessment Tool
303		-	(EcoCAT) or a comparable successor tool; and
304		-	(2) the results of the United States Fish and Wildlife
305		-	Service's Information for Planning and Consulting
306		-	environmental review or a comparable successor tool that
307		-	is consistent with (i) the "U.S. Fish and Wildlife
308		-	Service's Land-Based Wind Energy Guidelines" and (ii) any
309		-	applicable United States Fish and Wildlife Service solar
310		-	wildlife guidelines that have been subject to public
311		-	review.
312		-	(o) A county may require a commercial wind energy facility
313		-	or commercial solar energy facility to adhere to the
314		-	recommendations provided by the Illinois Department of Natural
315		-	Resources in an EcoCAT natural resource review report under 17
316		-	Ill. Admin. Code Part 1075.
317		-	(p) A county may require a facility owner to:
318		-	(1) demonstrate avoidance of protected lands as
319		-	identified by the Illinois Department of Natural Resources
320		-	and the Illinois Nature Preserve Commission; or
321		-	(2) consider the recommendations of the Illinois
322	170
323	171
324		-	Department of Natural Resources for setbacks from
325		-	protected lands, including areas identified by the
326		-	Illinois Nature Preserve Commission.
327		-	(q) A county may require that a facility owner provide
328		-	evidence of consultation with the Illinois State Historic
329		-	Preservation Office to assess potential impacts on
330		-	State-registered historic sites under the Illinois State
331		-	Agency Historic Resources Preservation Act.
332		-	(r) To maximize community benefits, including, but not
333		-	limited to, reduced stormwater runoff, flooding, and erosion
334		-	at the ground mounted solar energy system, improved soil
335		-	health, and increased foraging habitat for game birds,
336		-	songbirds, and pollinators, a county may (1) require a
337		-	commercial solar energy facility owner to plant, establish,
338		-	and maintain for the life of the facility vegetative ground
339		-	cover, consistent with the goals of the Pollinator-Friendly
340		-	Solar Site Act and (2) require the submittal of a vegetation
341		-	management plan in the application to construct and operate a
342		-	commercial solar energy facility in the county.
343		-	No later than 90 days after the effective date of this
344		-	amendatory Act of the 102nd General Assembly, the Illinois
345		-	Department of Natural Resources shall develop guidelines for
346		-	vegetation management plans that may be required under this
347		-	subsection for commercial solar energy facilities. The
348		-	guidelines must include guidance for short-term and long-term
349		-	property management practices that provide and maintain native
	172	+
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350	174
351	175
352		-	and non-invasive naturalized perennial vegetation to protect
353		-	the health and well-being of pollinators.
354		-	(s) If a facility owner enters into a road use agreement
355		-	with the Illinois Department of Transportation, a road
356		-	district, or other unit of local government relating to a
357		-	commercial wind energy facility or a commercial solar energy
358		-	facility, the road use agreement shall require the facility
359		-	owner to be responsible for (i) the reasonable cost of
360		-	improving roads used by the facility owner to construct the
361		-	commercial wind energy facility or the commercial solar energy
362		-	facility and (ii) the reasonable cost of repairing roads used
363		-	by the facility owner during construction of the commercial
364		-	wind energy facility or the commercial solar energy facility
365		-	so that those roads are in a condition that is safe for the
366		-	driving public after the completion of the facility's
367		-	construction. Roadways improved in preparation for and during
368		-	the construction of the commercial wind energy facility or
369		-	commercial solar energy facility shall be repaired and
370		-	restored to the improved condition at the reasonable cost of
371		-	the developer if the roadways have degraded or were damaged as
372		-	a result of construction-related activities.
373		-	The road use agreement shall not require the facility
374		-	owner to pay costs, fees, or charges for road work that is not
375		-	specifically and uniquely attributable to the construction of
376		-	the commercial wind energy facility or the commercial solar
377		-	energy facility. Road-related fees, permit fees, or other
	176	+	SB1127 Enrolled- 6 -LRB103 05566 BMS 50585 b SB1127 Enrolled - 6 - LRB103 05566 BMS 50585 b
	177	+	SB1127 Enrolled - 6 - LRB103 05566 BMS 50585 b
	178	+	1 effective date of this amendatory Act of the 102nd General
	179	+	2 Assembly.
	180	+	3 (e) A county may require:
	181	+	4 (1) a wind tower of a commercial wind energy facility
	182	+	5 to be sited as follows, with setback distances measured
	183	+	6 from the center of the base of the wind tower:
	184	+	7 Setback Description Setback Distance
	185	+	8 Occupied Community 2.1 times the maximum blade tip
	186	+	9 Buildings height of the wind tower to the
	187	+	10 nearest point on the outside
	188	+	11 wall of the structure
	189	+	12 Participating Residences 1.1 times the maximum blade tip
	190	+	13 height of the wind tower to the
	191	+	14 nearest point on the outside
	192	+	15 wall of the structure
	193	+	16 Nonparticipating Residences 2.1 times the maximum blade tip
	194	+	17 height of the wind tower to the
	195	+	18 nearest point on the outside
	196	+	19 wall of the structure
	197	+	20 Boundary Lines of None
	198	+	21 Participating Property
378	199
379	200
380		-	charges imposed by the Illinois Department of Transportation,
381		-	a road district, or other unit of local government under a road
382		-	use agreement with the facility owner shall be reasonably
383		-	related to the cost of administration of the road use
384		-	agreement.
385		-	(t) Notwithstanding any other provision of law, a facility
386		-	owner with siting approval from a county to construct a
387		-	commercial wind energy facility or a commercial solar energy
388		-	facility is authorized to cross or impact a drainage system,
389		-	including, but not limited to, drainage tiles, open drainage
390		-	districts, culverts, and water gathering vaults, owned or
391		-	under the control of a drainage district under the Illinois
392		-	Drainage Code without obtaining prior agreement or approval
393		-	from the drainage district, except that the facility owner
394		-	shall repair or pay for the repair of all damage to the
395		-	drainage system caused by the construction of the commercial
396		-	wind energy facility or the commercial solar energy facility
397		-	within a reasonable time after construction of the commercial
398		-	wind energy facility or the commercial solar energy facility
399		-	is complete.
400		-	(u) The amendments to this Section adopted in Public Act
401		-	102-1123 this amendatory Act of the 102nd General Assembly do
402		-	not apply to: (1) an application for siting approval or for a
403		-	special use permit for a commercial wind energy facility or
404		-	commercial solar energy facility if the application was
405		-	submitted to a unit of local government before the effective
406	201
407	202
408		-	date of this amendatory Act of the 102nd General Assembly; or
409		-	(2) a commercial wind energy facility or a commercial solar
410		-	energy facility if the facility owner has submitted an
411		-	agricultural impact mitigation agreement to the Department of
412		-	Agriculture before the effective date of this amendatory Act
413		-	of the 102nd General Assembly; or (3) a commercial wind energy
414		-	or commercial solar energy development on property that is
415		-	located within an enterprise zone certified under the Illinois
416		-	Enterprise Zone Act, that was classified as industrial by the
417		-	appropriate zoning authority on or before January 27, 2023,
418		-	and that is located within 4 miles of the intersection of
419		-	Interstate 88 and Interstate 39.
420		-	(Source: P.A. 101-4, eff. 4-19-19; 102-1123, eff. 1-27-23.)
	203	+
	204	+	SB1127 Enrolled - 6 - LRB103 05566 BMS 50585 b
	205	+
	206	+
	207	+	SB1127 Enrolled- 7 -LRB103 05566 BMS 50585 b SB1127 Enrolled - 7 - LRB103 05566 BMS 50585 b
	208	+	SB1127 Enrolled - 7 - LRB103 05566 BMS 50585 b
	209	+	1 Boundary Lines of 1.1 times the maximum blade tip
	210	+	2 Nonparticipating Property height of the wind tower to the
	211	+	3 nearest point on the property
	212	+	4 line of the nonparticipating
	213	+	5 property
	214	+	6 Public Road Rights-of-Way 1.1 times the maximum blade tip
	215	+	7 height of the wind tower
	216	+	8 to the center point of the
	217	+	9 public road right-of-way
	218	+	10 Overhead Communication and 1.1 times the maximum blade tip
	219	+	11 Electric Transmission height of the wind tower to the
	220	+	12 and Distribution Facilities nearest edge of the property
	221	+	13 (Not Including Overhead line, easement, or right of way
	222	+	14 Utility Service Lines to containing the overhead line
	223	+	15 Individual Houses or
	224	+	16 Outbuildings)
	225	+	17 Overhead Utility Service None
	226	+	18 Lines to Individual
	227	+	19 Houses or Outbuildings
	228	+	20 Fish and Wildlife Areas 2.1 times the maximum blade
	229	+	21 and Illinois Nature tip height of the wind tower
	230	+
	231	+
	232	+
	233	+
	234	+
	235	+	SB1127 Enrolled - 7 - LRB103 05566 BMS 50585 b
	236	+
	237	+
	238	+	SB1127 Enrolled- 8 -LRB103 05566 BMS 50585 b SB1127 Enrolled - 8 - LRB103 05566 BMS 50585 b
	239	+	SB1127 Enrolled - 8 - LRB103 05566 BMS 50585 b
	240	+	1 Preserve Commission to the nearest point on the
	241	+	2 Protected Lands property line of the fish and
	242	+	3 wildlife area or protected
	243	+	4 land
	244	+	5 This Section does not exempt or excuse compliance with
	245	+	6 electric facility clearances approved or required by the
	246	+	7 National Electrical Code, The National Electrical Safety
	247	+	8 Code, Illinois Commerce Commission, Federal Energy
	248	+	9 Regulatory Commission, and their designees or successors.
	249	+	10 (2) a wind tower of a commercial wind energy facility
	250	+	11 to be sited so that industry standard computer modeling
	251	+	12 indicates that any occupied community building or
	252	+	13 nonparticipating residence will not experience more than
	253	+	14 30 hours per year of shadow flicker under planned
	254	+	15 operating conditions;
	255	+	16 (3) a commercial solar energy facility to be sited as
	256	+	17 follows, with setback distances measured from the nearest
	257	+	18 edge of any component of the facility:
	258	+	19 Setback Description Setback Distance
	259	+	20 Occupied Community 150 feet from the nearest
	260	+	21 Buildings and Dwellings on point on the outside wall
	261	+	22 Nonparticipating Properties of the structure
	262	+
	263	+
	264	+
	265	+
	266	+
	267	+	SB1127 Enrolled - 8 - LRB103 05566 BMS 50585 b
	268	+
	269	+
	270	+	SB1127 Enrolled- 9 -LRB103 05566 BMS 50585 b SB1127 Enrolled - 9 - LRB103 05566 BMS 50585 b
	271	+	SB1127 Enrolled - 9 - LRB103 05566 BMS 50585 b
	272	+	1 Boundary Lines of None
	273	+	2 Participating Property
	274	+	3 Public Road Rights-of-Way 50 feet from the nearest
	275	+	4 edge
	276	+	5 Boundary Lines of 50 feet to the nearest
	277	+	6 Nonparticipating Property point on the property
	278	+	7 line of the nonparticipating
	279	+	8 property
	280	+	9 (4) a commercial solar energy facility to be sited so
	281	+	10 that the facility's perimeter is enclosed by fencing
	282	+	11 having a height of at least 6 feet and no more than 25
	283	+	12 feet; and
	284	+	13 (5) a commercial solar energy facility to be sited so
	285	+	14 that no component of a solar panel has a height of more
	286	+	15 than 20 feet above ground when the solar energy facility's
	287	+	16 arrays are at full tilt.
	288	+	17 The requirements set forth in this subsection (e) may be
	289	+	18 waived subject to the written consent of the owner of each
	290	+	19 affected nonparticipating property.
	291	+	20 (f) A county may not set a sound limitation for wind towers
	292	+	21 in commercial wind energy facilities or any components in
	293	+	22 commercial solar energy facility that is more restrictive than
	294	+	23 the sound limitations established by the Illinois Pollution
	295	+
	296	+
	297	+
	298	+
	299	+
	300	+	SB1127 Enrolled - 9 - LRB103 05566 BMS 50585 b
	301	+
	302	+
	303	+	SB1127 Enrolled- 10 -LRB103 05566 BMS 50585 b SB1127 Enrolled - 10 - LRB103 05566 BMS 50585 b
	304	+	SB1127 Enrolled - 10 - LRB103 05566 BMS 50585 b
	305	+	1 Control Board under 35 Ill. Adm. Code Parts 900, 901, and 910.
	306	+	2 (g) A county may not place any restriction on the
	307	+	3 installation or use of a commercial wind energy facility or a
	308	+	4 commercial solar energy facility unless it adopts an ordinance
	309	+	5 that complies with this Section. A county may not establish
	310	+	6 siting standards for supporting facilities that preclude
	311	+	7 development of commercial wind energy facilities or commercial
	312	+	8 solar energy facilities.
	313	+	9 A request for siting approval or a special use permit for a
	314	+	10 commercial wind energy facility or a commercial solar energy
	315	+	11 facility, or modification of an approved siting or special use
	316	+	12 permit, shall be approved if the request is in compliance with
	317	+	13 the standards and conditions imposed in this Act, the zoning
	318	+	14 ordinance adopted consistent with this Code, and the
	319	+	15 conditions imposed under State and federal statutes and
	320	+	16 regulations.
	321	+	17 (h) A county may not adopt zoning regulations that
	322	+	18 disallow, permanently or temporarily, commercial wind energy
	323	+	19 facilities or commercial solar energy facilities from being
	324	+	20 developed or operated in any district zoned to allow
	325	+	21 agricultural or industrial uses.
	326	+	22 (i) A county may not require permit application fees for a
	327	+	23 commercial wind energy facility or commercial solar energy
	328	+	24 facility that are unreasonable. All application fees imposed
	329	+	25 by the county shall be consistent with fees for projects in the
	330	+	26 county with similar capital value and cost.
	331	+
	332	+
	333	+
	334	+
	335	+
	336	+	SB1127 Enrolled - 10 - LRB103 05566 BMS 50585 b
	337	+
	338	+
	339	+	SB1127 Enrolled- 11 -LRB103 05566 BMS 50585 b SB1127 Enrolled - 11 - LRB103 05566 BMS 50585 b
	340	+	SB1127 Enrolled - 11 - LRB103 05566 BMS 50585 b
	341	+	1 (j) Except as otherwise provided in this Section, a county
	342	+	2 shall not require standards for construction, decommissioning,
	343	+	3 or deconstruction of a commercial wind energy facility or
	344	+	4 commercial solar energy facility or related financial
	345	+	5 assurances that are more restrictive than those included in
	346	+	6 the Department of Agriculture's standard wind farm
	347	+	7 agricultural impact mitigation agreement, template 81818, or
	348	+	8 standard solar agricultural impact mitigation agreement,
	349	+	9 version 8.19.19, as applicable and in effect on December 31,
	350	+	10 2022. The amount of any decommissioning payment shall be
	351	+	11 limited to the cost identified in the decommissioning or
	352	+	12 deconstruction plan, as required by those agricultural impact
	353	+	13 mitigation agreements, minus the salvage value of the project.
	354	+	14 (k) A county may not condition approval of a commercial
	355	+	15 wind energy facility or commercial solar energy facility on a
	356	+	16 property value guarantee and may not require a facility owner
	357	+	17 to pay into a neighboring property devaluation escrow account.
	358	+	18 (l) A county may require certain vegetative screening
	359	+	19 surrounding a commercial wind energy facility or commercial
	360	+	20 solar energy facility but may not require earthen berms or
	361	+	21 similar structures.
	362	+	22 (m) A county may set blade tip height limitations for wind
	363	+	23 towers in commercial wind energy facilities but may not set a
	364	+	24 blade tip height limitation that is more restrictive than the
	365	+	25 height allowed under a Determination of No Hazard to Air
	366	+	26 Navigation by the Federal Aviation Administration under 14 CFR
	367	+
	368	+
	369	+
	370	+
	371	+
	372	+	SB1127 Enrolled - 11 - LRB103 05566 BMS 50585 b
	373	+
	374	+
	375	+	SB1127 Enrolled- 12 -LRB103 05566 BMS 50585 b SB1127 Enrolled - 12 - LRB103 05566 BMS 50585 b
	376	+	SB1127 Enrolled - 12 - LRB103 05566 BMS 50585 b
	377	+	1 Part 77.
	378	+	2 (n) A county may require that a commercial wind energy
	379	+	3 facility owner or commercial solar energy facility owner
	380	+	4 provide:
	381	+	5 (1) the results and recommendations from consultation
	382	+	6 with the Illinois Department of Natural Resources that are
	383	+	7 obtained through the Ecological Compliance Assessment Tool
	384	+	8 (EcoCAT) or a comparable successor tool; and
	385	+	9 (2) the results of the United States Fish and Wildlife
	386	+	10 Service's Information for Planning and Consulting
	387	+	11 environmental review or a comparable successor tool that
	388	+	12 is consistent with (i) the "U.S. Fish and Wildlife
	389	+	13 Service's Land-Based Wind Energy Guidelines" and (ii) any
	390	+	14 applicable United States Fish and Wildlife Service solar
	391	+	15 wildlife guidelines that have been subject to public
	392	+	16 review.
	393	+	17 (o) A county may require a commercial wind energy facility
	394	+	18 or commercial solar energy facility to adhere to the
	395	+	19 recommendations provided by the Illinois Department of Natural
	396	+	20 Resources in an EcoCAT natural resource review report under 17
	397	+	21 Ill. Admin. Code Part 1075.
	398	+	22 (p) A county may require a facility owner to:
	399	+	23 (1) demonstrate avoidance of protected lands as
	400	+	24 identified by the Illinois Department of Natural Resources
	401	+	25 and the Illinois Nature Preserve Commission; or
	402	+	26 (2) consider the recommendations of the Illinois
	403	+
	404	+
	405	+
	406	+
	407	+
	408	+	SB1127 Enrolled - 12 - LRB103 05566 BMS 50585 b
	409	+
	410	+
	411	+	SB1127 Enrolled- 13 -LRB103 05566 BMS 50585 b SB1127 Enrolled - 13 - LRB103 05566 BMS 50585 b
	412	+	SB1127 Enrolled - 13 - LRB103 05566 BMS 50585 b
	413	+	1 Department of Natural Resources for setbacks from
	414	+	2 protected lands, including areas identified by the
	415	+	3 Illinois Nature Preserve Commission.
	416	+	4 (q) A county may require that a facility owner provide
	417	+	5 evidence of consultation with the Illinois State Historic
	418	+	6 Preservation Office to assess potential impacts on
	419	+	7 State-registered historic sites under the Illinois State
	420	+	8 Agency Historic Resources Preservation Act.
	421	+	9 (r) To maximize community benefits, including, but not
	422	+	10 limited to, reduced stormwater runoff, flooding, and erosion
	423	+	11 at the ground mounted solar energy system, improved soil
	424	+	12 health, and increased foraging habitat for game birds,
	425	+	13 songbirds, and pollinators, a county may (1) require a
	426	+	14 commercial solar energy facility owner to plant, establish,
	427	+	15 and maintain for the life of the facility vegetative ground
	428	+	16 cover, consistent with the goals of the Pollinator-Friendly
	429	+	17 Solar Site Act and (2) require the submittal of a vegetation
	430	+	18 management plan in the application to construct and operate a
	431	+	19 commercial solar energy facility in the county.
	432	+	20 No later than 90 days after the effective date of this
	433	+	21 amendatory Act of the 102nd General Assembly, the Illinois
	434	+	22 Department of Natural Resources shall develop guidelines for
	435	+	23 vegetation management plans that may be required under this
	436	+	24 subsection for commercial solar energy facilities. The
	437	+	25 guidelines must include guidance for short-term and long-term
	438	+	26 property management practices that provide and maintain native
	439	+
	440	+
	441	+
	442	+
	443	+
	444	+	SB1127 Enrolled - 13 - LRB103 05566 BMS 50585 b
	445	+
	446	+
	447	+	SB1127 Enrolled- 14 -LRB103 05566 BMS 50585 b SB1127 Enrolled - 14 - LRB103 05566 BMS 50585 b
	448	+	SB1127 Enrolled - 14 - LRB103 05566 BMS 50585 b
	449	+	1 and non-invasive naturalized perennial vegetation to protect
	450	+	2 the health and well-being of pollinators.
	451	+	3 (s) If a facility owner enters into a road use agreement
	452	+	4 with the Illinois Department of Transportation, a road
	453	+	5 district, or other unit of local government relating to a
	454	+	6 commercial wind energy facility or a commercial solar energy
	455	+	7 facility, the road use agreement shall require the facility
	456	+	8 owner to be responsible for (i) the reasonable cost of
	457	+	9 improving roads used by the facility owner to construct the
	458	+	10 commercial wind energy facility or the commercial solar energy
	459	+	11 facility and (ii) the reasonable cost of repairing roads used
	460	+	12 by the facility owner during construction of the commercial
	461	+	13 wind energy facility or the commercial solar energy facility
	462	+	14 so that those roads are in a condition that is safe for the
	463	+	15 driving public after the completion of the facility's
	464	+	16 construction. Roadways improved in preparation for and during
	465	+	17 the construction of the commercial wind energy facility or
	466	+	18 commercial solar energy facility shall be repaired and
	467	+	19 restored to the improved condition at the reasonable cost of
	468	+	20 the developer if the roadways have degraded or were damaged as
	469	+	21 a result of construction-related activities.
	470	+	22 The road use agreement shall not require the facility
	471	+	23 owner to pay costs, fees, or charges for road work that is not
	472	+	24 specifically and uniquely attributable to the construction of
	473	+	25 the commercial wind energy facility or the commercial solar
	474	+	26 energy facility. Road-related fees, permit fees, or other
	475	+
	476	+
	477	+
	478	+
	479	+
	480	+	SB1127 Enrolled - 14 - LRB103 05566 BMS 50585 b
	481	+
	482	+
	483	+	SB1127 Enrolled- 15 -LRB103 05566 BMS 50585 b SB1127 Enrolled - 15 - LRB103 05566 BMS 50585 b
	484	+	SB1127 Enrolled - 15 - LRB103 05566 BMS 50585 b
	485	+	1 charges imposed by the Illinois Department of Transportation,
	486	+	2 a road district, or other unit of local government under a road
	487	+	3 use agreement with the facility owner shall be reasonably
	488	+	4 related to the cost of administration of the road use
	489	+	5 agreement.
	490	+	6 (t) Notwithstanding any other provision of law, a facility
	491	+	7 owner with siting approval from a county to construct a
	492	+	8 commercial wind energy facility or a commercial solar energy
	493	+	9 facility is authorized to cross or impact a drainage system,
	494	+	10 including, but not limited to, drainage tiles, open drainage
	495	+	11 districts, culverts, and water gathering vaults, owned or
	496	+	12 under the control of a drainage district under the Illinois
	497	+	13 Drainage Code without obtaining prior agreement or approval
	498	+	14 from the drainage district, except that the facility owner
	499	+	15 shall repair or pay for the repair of all damage to the
	500	+	16 drainage system caused by the construction of the commercial
	501	+	17 wind energy facility or the commercial solar energy facility
	502	+	18 within a reasonable time after construction of the commercial
	503	+	19 wind energy facility or the commercial solar energy facility
	504	+	20 is complete.
	505	+	21 (u) The amendments to this Section adopted in Public Act
	506	+	22 102-1123 this amendatory Act of the 102nd General Assembly do
	507	+	23 not apply to: (1) an application for siting approval or for a
	508	+	24 special use permit for a commercial wind energy facility or
	509	+	25 commercial solar energy facility if the application was
	510	+	26 submitted to a unit of local government before the effective
	511	+
	512	+
	513	+
	514	+
	515	+
	516	+	SB1127 Enrolled - 15 - LRB103 05566 BMS 50585 b
	517	+
	518	+
	519	+	SB1127 Enrolled- 16 -LRB103 05566 BMS 50585 b SB1127 Enrolled - 16 - LRB103 05566 BMS 50585 b
	520	+	SB1127 Enrolled - 16 - LRB103 05566 BMS 50585 b
	521	+	1 date of this amendatory Act of the 102nd General Assembly; or
	522	+	2 (2) a commercial wind energy facility or a commercial solar
	523	+	3 energy facility if the facility owner has submitted an
	524	+	4 agricultural impact mitigation agreement to the Department of
	525	+	5 Agriculture before the effective date of this amendatory Act
	526	+	6 of the 102nd General Assembly; or (3) a commercial wind energy
	527	+	7 or commercial solar energy development on property that is
	528	+	8 located within an enterprise zone certified under the Illinois
	529	+	9 Enterprise Zone Act, that was classified as industrial by the
	530	+	10 appropriate zoning authority on or before January 27, 2023,
	531	+	11 and that is located within 4 miles of the intersection of
	532	+	12 Interstate 88 and Interstate 39.
	533	+	13 (Source: P.A. 101-4, eff. 4-19-19; 102-1123, eff. 1-27-23.)
	534	+
	535	+
	536	+
	537	+
	538	+
	539	+	SB1127 Enrolled - 16 - LRB103 05566 BMS 50585 b