Illinois 2023-2024 Regular Session

Illinois Senate Bill SB3920 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 SB3920 Introduced 4/9/2024, by Sen. Dan McConchie SYNOPSIS AS INTRODUCED: 55 ILCS 5/5-12020 Amends the Counties Code. Provides that a commercial wind energy facility owner or a commercial solar energy facility owner who has submitted an application for a permit to develop a commercial wind energy facility or a commercial solar energy facility must provide notice to all municipalities and townships that are within 1.5 miles of the proposed facility and all property owners whose properties are on the boundary line of the proposed facility. Includes requirements of the notice. Provides that a county may require that a commercial solar energy facility be sited at least 500 feet to the nearest point on the property line of occupied community buildings and dwellings on nonparticipating properties. Requires a commercial wind energy facility or a commercial solar energy facility to be sited only on property zoned for agricultural use or on a brownfields site, and provides that the facilities may not be sited on property zoned exclusively for residential use or zoned exclusively for estate use. Excludes counties with a population of more than 500,000 from the changes made by Public Act 102-1123. Effective immediately. LRB103 40071 AWJ 71566 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB3920 Introduced 4/9/2024, by Sen. Dan McConchie 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 a commercial solar energy facility owner who has submitted an application for a permit to develop a commercial wind energy facility or a commercial solar energy facility must provide notice to all municipalities and townships that are within 1.5 miles of the proposed facility and all property owners whose properties are on the boundary line of the proposed facility. Includes requirements of the notice. Provides that a county may require that a commercial solar energy facility be sited at least 500 feet to the nearest point on the property line of occupied community buildings and dwellings on nonparticipating properties. Requires a commercial wind energy facility or a commercial solar energy facility to be sited only on property zoned for agricultural use or on a brownfields site, and provides that the facilities may not be sited on property zoned exclusively for residential use or zoned exclusively for estate use. Excludes counties with a population of more than 500,000 from the changes made by Public Act 102-1123. Effective immediately. LRB103 40071 AWJ 71566 b LRB103 40071 AWJ 71566 b A BILL FOR
2	2	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB3920 Introduced 4/9/2024, by Sen. Dan McConchie 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 a commercial solar energy facility owner who has submitted an application for a permit to develop a commercial wind energy facility or a commercial solar energy facility must provide notice to all municipalities and townships that are within 1.5 miles of the proposed facility and all property owners whose properties are on the boundary line of the proposed facility. Includes requirements of the notice. Provides that a county may require that a commercial solar energy facility be sited at least 500 feet to the nearest point on the property line of occupied community buildings and dwellings on nonparticipating properties. Requires a commercial wind energy facility or a commercial solar energy facility to be sited only on property zoned for agricultural use or on a brownfields site, and provides that the facilities may not be sited on property zoned exclusively for residential use or zoned exclusively for estate use. Excludes counties with a population of more than 500,000 from the changes made by Public Act 102-1123. Effective immediately.
6	6	LRB103 40071 AWJ 71566 b LRB103 40071 AWJ 71566 b
7	7	LRB103 40071 AWJ 71566 b
8	8	A BILL FOR
9	9	SB3920LRB103 40071 AWJ 71566 b SB3920 LRB103 40071 AWJ 71566 b
10	10	SB3920 LRB103 40071 AWJ 71566 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 SB3920 Introduced 4/9/2024, by Sen. Dan McConchie 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 a commercial solar energy facility owner who has submitted an application for a permit to develop a commercial wind energy facility or a commercial solar energy facility must provide notice to all municipalities and townships that are within 1.5 miles of the proposed facility and all property owners whose properties are on the boundary line of the proposed facility. Includes requirements of the notice. Provides that a county may require that a commercial solar energy facility be sited at least 500 feet to the nearest point on the property line of occupied community buildings and dwellings on nonparticipating properties. Requires a commercial wind energy facility or a commercial solar energy facility to be sited only on property zoned for agricultural use or on a brownfields site, and provides that the facilities may not be sited on property zoned exclusively for residential use or zoned exclusively for estate use. Excludes counties with a population of more than 500,000 from the changes made by Public Act 102-1123. Effective immediately.
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43	43	A BILL FOR
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68	68	1 Public Act 102-1123).
69	69	2 "Facility owner" means (i) a person with a direct
70	70	3 ownership interest in a commercial wind energy facility or a
71	71	4 commercial solar energy facility, or both, regardless of
72	72	5 whether the person is involved in acquiring the necessary
73	73	6 rights, permits, and approvals or otherwise planning for the
74	74	7 construction and operation of the facility, and (ii) at the
75	75	8 time the facility is being developed, a person who is acting as
76	76	9 a developer of the facility by acquiring the necessary rights,
77	77	10 permits, and approvals or by planning for the construction and
78	78	11 operation of the facility, regardless of whether the person
79	79	12 will own or operate the facility.
80	80	13 "Nonparticipating property" means real property that is
81	81	14 not a participating property.
82	82	15 "Nonparticipating residence" means a residence that is
83	83	16 located on nonparticipating property and that is existing and
84	84	17 occupied on the date that an application for a permit to
85	85	18 develop the commercial wind energy facility or the commercial
86	86	19 solar energy facility is filed with the county.
87	87	20 "Occupied community building" means any one or more of the
88	88	21 following buildings that is existing and occupied on the date
89	89	22 that the application for a permit to develop the commercial
90	90	23 wind energy facility or the commercial solar energy facility
91	91	24 is filed with the county: a school, place of worship, day care
92	92	25 facility, public library, or community center.
93	93	26 "Participating property" means real property that is the
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104	104	1 subject of a written agreement between a facility owner and
105	105	2 the owner of the real property that provides the facility
106	106	3 owner an easement, option, lease, or license to use the real
107	107	4 property for the purpose of constructing a commercial wind
108	108	5 energy facility, a commercial solar energy facility, or
109	109	6 supporting facilities. "Participating property" also includes
110	110	7 real property that is owned by a facility owner for the purpose
111	111	8 of constructing a commercial wind energy facility, a
112	112	9 commercial solar energy facility, or supporting facilities.
113	113	10 "Participating residence" means a residence that is
114	114	11 located on participating property and that is existing and
115	115	12 occupied on the date that an application for a permit to
116	116	13 develop the commercial wind energy facility or the commercial
117	117	14 solar energy facility is filed with the county.
118	118	15 "Protected lands" means real property that is:
119	119	16 (1) subject to a permanent conservation right
120	120	17 consistent with the Real Property Conservation Rights Act;
121	121	18 or
122	122	19 (2) registered or designated as a nature preserve,
123	123	20 buffer, or land and water reserve under the Illinois
124	124	21 Natural Areas Preservation Act.
125	125	22 "Supporting facilities" means the transmission lines,
126	126	23 substations, access roads, meteorological towers, storage
127	127	24 containers, and equipment associated with the generation and
128	128	25 storage of electricity by the commercial wind energy facility
129	129	26 or commercial solar energy facility.
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140	140	1 "Wind tower" includes the wind turbine tower, nacelle, and
141	141	2 blades.
142	142	3 (b) Notwithstanding any other provision of law or whether
143	143	4 the county has formed a zoning commission and adopted formal
144	144	5 zoning under Section 5-12007, a county may establish standards
145	145	6 for commercial wind energy facilities, commercial solar energy
146	146	7 facilities, or both. The standards may include all of the
147	147	8 requirements specified in this Section but may not include
148	148	9 requirements for commercial wind energy facilities or
149	149	10 commercial solar energy facilities that are more restrictive
150	150	11 than specified in this Section. A county may also regulate the
151	151	12 siting of commercial wind energy facilities with standards
152	152	13 that are not more restrictive than the requirements specified
153	153	14 in this Section in unincorporated areas of the county that are
154	154	15 outside the zoning jurisdiction of a municipality and that are
155	155	16 outside the 1.5-mile radius surrounding the zoning
156	156	17 jurisdiction of a municipality.
157	157	18 (c) If a county has elected to establish standards under
158	158	19 subsection (b), before the county grants siting approval or a
159	159	20 special use permit for a commercial wind energy facility or a
160	160	21 commercial solar energy facility, or modification of an
161	161	22 approved siting or special use permit, the county board of the
162	162	23 county in which the facility is to be sited or the zoning board
163	163	24 of appeals for the county shall hold at least one public
164	164	25 hearing. The public hearing shall be conducted in accordance
165	165	26 with the Open Meetings Act and shall be held not more than 60
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176	176	1 days after the filing of the application for the facility. The
177	177	2 county shall allow interested parties to a special use permit
178	178	3 an opportunity to present evidence and to cross-examine
179	179	4 witnesses at the hearing, but the county may impose reasonable
180	180	5 restrictions on the public hearing, including reasonable time
181	181	6 limitations on the presentation of evidence and the
182	182	7 cross-examination of witnesses. The county shall also allow
183	183	8 public comment at the public hearing in accordance with the
184	184	9 Open Meetings Act. The county shall make its siting and
185	185	10 permitting decisions not more than 30 days after the
186	186	11 conclusion of the public hearing. Notice of the hearing shall
187	187	12 be published in a newspaper of general circulation in the
188	188	13 county. A facility owner must enter into an agricultural
189	189	14 impact mitigation agreement with the Department of Agriculture
190	190	15 prior to the date of the required public hearing. A commercial
191	191	16 wind energy facility owner seeking an extension of a permit
192	192	17 granted by a county prior to July 24, 2015 (the effective date
193	193	18 of Public Act 99-132) must enter into an agricultural impact
194	194	19 mitigation agreement with the Department of Agriculture prior
195	195	20 to a decision by the county to grant the permit extension.
196	196	21 Counties may allow test wind towers or test solar energy
197	197	22 systems to be sited without formal approval by the county
198	198	23 board.
199	199	24 In addition to the notice of hearing required under this
200	200	25 subsection, a commercial wind energy facility owner or a
201	201	26 commercial solar energy facility owner who has submitted an
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212	212	1 application for a permit to develop a commercial wind energy
213	213	2 facility or a commercial solar energy facility must provide
214	214	3 notice to all municipalities and townships that are within 1.5
215	215	4 miles of the proposed commercial wind energy facility or
216	216	5 commercial solar energy facility and all property owners whose
217	217	6 properties are on the boundary line of the proposed commercial
218	218	7 wind energy facility or commercial solar energy facility. The
219	219	8 notice must be given no later than 30 days after the commercial
220	220	9 wind energy facility owner or commercial solar energy facility
221	221	10 owner submits the application. The notice shall be provided in
222	222	11 person, by overnight private courier, or by certified mail.
223	223	12 If, after a bona fide effort by the commercial wind energy
224	224	13 facility owner or the commercial solar energy facility owner
225	225	14 to determine the owner of property and the owner's address,
226	226	15 the owner of the property on whom the notice must be served
227	227	16 cannot be found at the owner's last known address or if the
228	228	17 mailed notice is returned because the owner cannot be found at
229	229	18 the last known address, then the notice requirement of this
230	230	19 paragraph is deemed satisfied.
231	231	20 (d) A county with an existing zoning ordinance in conflict
232	232	21 with this Section shall amend that zoning ordinance to be in
233	233	22 compliance with this Section within 120 days after January 27,
234	234	23 2023 (the effective date of Public Act 102-1123).
235	235	24 (e) A county may require:
236	236	25 (1) a wind tower of a commercial wind energy facility
237	237	26 to be sited as follows, with setback distances measured
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248	248	1 from the center of the base of the wind tower:
249	249	2 Setback Description Setback Distance
250	250	3 Occupied Community 2.1 times the maximum blade tip
251	251	4 Buildings height of the wind tower to the
252	252	5 nearest point on the outside
253	253	6 wall of the structure
254	254	7 Participating Residences 1.1 times the maximum blade tip
255	255	8 height of the wind tower to the
256	256	9 nearest point on the outside
257	257	10 wall of the structure
258	258	11 Nonparticipating Residences 2.1 times the maximum blade tip
259	259	12 height of the wind tower to the
260	260	13 nearest point on the outside
261	261	14 wall of the structure
262	262	15 Boundary Lines of None
263	263	16 Participating Property
264	264	17 Boundary Lines of 1.1 times the maximum blade tip
265	265	18 Nonparticipating Property height of the wind tower to the
266	266	19 nearest point on the property
267	267	20 line of the nonparticipating
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278	278	1 property
279	279	2 Public Road Rights-of-Way 1.1 times the maximum blade tip
280	280	3 height of the wind tower
281	281	4 to the center point of the
282	282	5 public road right-of-way
283	283	6 Overhead Communication and 1.1 times the maximum blade tip
284	284	7 Electric Transmission height of the wind tower to the
285	285	8 and Distribution Facilities nearest edge of the property
286	286	9 (Not Including Overhead line, easement, or
287	287	10 Utility Service Lines to right-of-way
288	288	11 Individual Houses or containing the overhead line
289	289	12 Outbuildings)
290	290	13 Overhead Utility Service None
291	291	14 Lines to Individual
292	292	15 Houses or Outbuildings
293	293	16 Fish and Wildlife Areas 2.1 times the maximum blade
294	294	17 and Illinois Nature tip height of the wind tower
295	295	18 Preserve Commission to the nearest point on the
296	296	19 Protected Lands property line of the fish and
297	297	20 wildlife area or protected
298	298	21 land
299	299	22 This Section does not exempt or excuse compliance with
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310	310	1 electric facility clearances approved or required by the
311	311	2 National Electrical Code, the The National Electrical
312	312	3 Safety Code, the Illinois Commerce Commission, and the
313	313	4 Federal Energy Regulatory Commission, and their designees
314	314	5 or successors.
315	315	6 (2) a wind tower of a commercial wind energy facility
316	316	7 to be sited so that industry standard computer modeling
317	317	8 indicates that any occupied community building or
318	318	9 nonparticipating residence will not experience more than
319	319	10 30 hours per year of shadow flicker under planned
320	320	11 operating conditions;
321	321	12 (3) a commercial solar energy facility to be sited as
322	322	13 follows, with setback distances measured from the nearest
323	323	14 edge of any component of the facility:
324	324	15 Setback Description Setback Distance
325	325	16 Occupied Community 500 150 feet from the
326	326	17 Buildings and Dwellings nearest point on the
327	327	18 on Nonparticipating property line outside wall
328	328	19 Properties of the structure
329	329	20 Boundary Lines of None
330	330	21 Participating Property
331	331	22 Public Road Rights-of-Way 50 feet from the nearest
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342	342	1 edge
343	343	2 Boundary Lines of 50 feet to the nearest
344	344	3 Nonparticipating Property point on the property
345	345	4 line of the nonparticipating
346	346	5 property
347	347	6 (4) a commercial solar energy facility to be sited so
348	348	7 that the facility's perimeter is enclosed by fencing
349	349	8 having a height of at least 6 feet and no more than 25
350	350	9 feet; and
351	351	10 (5) a commercial solar energy facility to be sited so
352	352	11 that no component of a solar panel has a height of more
353	353	12 than 20 feet above ground when the solar energy facility's
354	354	13 arrays are at full tilt.
355	355	14 The requirements set forth in this subsection (e) may be
356	356	15 waived subject to the written consent of the owner of each
357	357	16 affected nonparticipating property.
358	358	17 (f) A county may not set a sound limitation for wind towers
359	359	18 in commercial wind energy facilities or any components in
360	360	19 commercial solar energy facilities that is more restrictive
361	361	20 than the sound limitations established by the Illinois
362	362	21 Pollution Control Board under 35 Ill. Adm. Code Parts 900,
363	363	22 901, and 910.
364	364	23 (g) A county may not place any restriction on the
365	365	24 installation or use of a commercial wind energy facility or a
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376	376	1 commercial solar energy facility unless it adopts an ordinance
377	377	2 that complies with this Section. A county may not establish
378	378	3 siting standards for supporting facilities that preclude
379	379	4 development of commercial wind energy facilities or commercial
380	380	5 solar energy facilities.
381	381	6 A request for siting approval or a special use permit for a
382	382	7 commercial wind energy facility or a commercial solar energy
383	383	8 facility, or modification of an approved siting or special use
384	384	9 permit, shall be approved if the request is in compliance with
385	385	10 the standards and conditions imposed in this Act, the zoning
386	386	11 ordinance adopted consistent with this Code, and the
387	387	12 conditions imposed under State and federal statutes and
388	388	13 regulations.
389	389	14 (h) A county may not adopt zoning regulations that allow
390	390	15 disallow, permanently or temporarily, commercial wind energy
391	391	16 facilities or commercial solar energy facilities from being
392	392	17 developed or operated in any district other than a district
393	393	18 zoned for agricultural use or on a brownfields site and may not
394	394	19 allow such facilities to be sited on property zoned
395	395	20 exclusively for residential use or zoned exclusively for
396	396	21 estate use. As used in this subsection, "brownfields site"
397	397	22 site has the meaning given to that term in Section 58.2 of the
398	398	23 Environmental Protection Act zoned to allow agricultural or
399	399	24 industrial uses.
400	400	25 (i) A county may not require permit application fees for a
401	401	26 commercial wind energy facility or commercial solar energy
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412	412	1 facility that are unreasonable. All application fees imposed
413	413	2 by the county shall be consistent with fees for projects in the
414	414	3 county with similar capital value and cost.
415	415	4 (j) Except as otherwise provided in this Section, a county
416	416	5 shall not require standards for construction, decommissioning,
417	417	6 or deconstruction of a commercial wind energy facility or
418	418	7 commercial solar energy facility or related financial
419	419	8 assurances that are more restrictive than those included in
420	420	9 the Department of Agriculture's standard wind farm
421	421	10 agricultural impact mitigation agreement, template 81818, or
422	422	11 standard solar agricultural impact mitigation agreement,
423	423	12 version 8.19.19, as applicable and in effect on December 31,
424	424	13 2022. The amount of any decommissioning payment shall be in
425	425	14 accordance with the financial assurance required by those
426	426	15 agricultural impact mitigation agreements.
427	427	16 (j-5) A commercial wind energy facility or a commercial
428	428	17 solar energy facility shall file a farmland drainage plan with
429	429	18 the county and impacted drainage districts outlining how
430	430	19 surface and subsurface drainage of farmland will be restored
431	431	20 during and following construction or deconstruction of the
432	432	21 facility. The plan is to be created independently by the
433	433	22 facility developer and shall include the location of any
434	434	23 potentially impacted drainage district facilities to the
435	435	24 extent this information is publicly available from the county
436	436	25 or the drainage district, plans to repair any subsurface
437	437	26 drainage affected during construction or deconstruction using
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448	448	1 procedures outlined in the agricultural impact mitigation
449	449	2 agreement entered into by the commercial wind energy facility
450	450	3 owner or commercial solar energy facility owner, and
451	451	4 procedures for the repair and restoration of surface drainage
452	452	5 affected during construction or deconstruction. All surface
453	453	6 and subsurface damage shall be repaired as soon as reasonably
454	454	7 practicable.
455	455	8 (k) A county may not condition approval of a commercial
456	456	9 wind energy facility or commercial solar energy facility on a
457	457	10 property value guarantee and may not require a facility owner
458	458	11 to pay into a neighboring property devaluation escrow account.
459	459	12 (l) A county may require certain vegetative screening
460	460	13 surrounding a commercial wind energy facility or commercial
461	461	14 solar energy facility but may not require earthen berms or
462	462	15 similar structures.
463	463	16 (m) A county may set blade tip height limitations for wind
464	464	17 towers in commercial wind energy facilities but may not set a
465	465	18 blade tip height limitation that is more restrictive than the
466	466	19 height allowed under a Determination of No Hazard to Air
467	467	20 Navigation by the Federal Aviation Administration under 14 CFR
468	468	21 Part 77.
469	469	22 (n) A county may require that a commercial wind energy
470	470	23 facility owner or commercial solar energy facility owner
471	471	24 provide:
472	472	25 (1) the results and recommendations from consultation
473	473	26 with the Illinois Department of Natural Resources that are
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484	484	1 obtained through the Ecological Compliance Assessment Tool
485	485	2 (EcoCAT) or a comparable successor tool; and
486	486	3 (2) the results of the United States Fish and Wildlife
487	487	4 Service's Information for Planning and Consulting
488	488	5 environmental review or a comparable successor tool that
489	489	6 is consistent with (i) the "U.S. Fish and Wildlife
490	490	7 Service's Land-Based Wind Energy Guidelines" and (ii) any
491	491	8 applicable United States Fish and Wildlife Service solar
492	492	9 wildlife guidelines that have been subject to public
493	493	10 review.
494	494	11 (o) A county may require a commercial wind energy facility
495	495	12 or commercial solar energy facility to adhere to the
496	496	13 recommendations provided by the Illinois Department of Natural
497	497	14 Resources in an EcoCAT natural resource review report under 17
498	498	15 Ill. Adm. Code Part 1075.
499	499	16 (p) A county may require a facility owner to:
500	500	17 (1) demonstrate avoidance of protected lands as
501	501	18 identified by the Illinois Department of Natural Resources
502	502	19 and the Illinois Nature Preserve Commission; or
503	503	20 (2) consider the recommendations of the Illinois
504	504	21 Department of Natural Resources for setbacks from
505	505	22 protected lands, including areas identified by the
506	506	23 Illinois Nature Preserve Commission.
507	507	24 (q) A county may require that a facility owner provide
508	508	25 evidence of consultation with the Illinois State Historic
509	509	26 Preservation Office to assess potential impacts on
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520	520	1 State-registered historic sites under the Illinois State
521	521	2 Agency Historic Resources Preservation Act.
522	522	3 (r) To maximize community benefits, including, but not
523	523	4 limited to, reduced stormwater runoff, flooding, and erosion
524	524	5 at the ground mounted solar energy system, improved soil
525	525	6 health, and increased foraging habitat for game birds,
526	526	7 songbirds, and pollinators, a county may (1) require a
527	527	8 commercial solar energy facility owner to plant, establish,
528	528	9 and maintain for the life of the facility vegetative ground
529	529	10 cover, consistent with the goals of the Pollinator-Friendly
530	530	11 Solar Site Act and (2) require the submittal of a vegetation
531	531	12 management plan that is in compliance with the agricultural
532	532	13 impact mitigation agreement in the application to construct
533	533	14 and operate a commercial solar energy facility in the county
534	534	15 if the vegetative ground cover and vegetation management plan
535	535	16 comply with the requirements of the underlying agreement with
536	536	17 the landowner or landowners where the facility will be
537	537	18 constructed.
538	538	19 No later than 90 days after January 27, 2023 (the
539	539	20 effective date of Public Act 102-1123), the Illinois
540	540	21 Department of Natural Resources shall develop guidelines for
541	541	22 vegetation management plans that may be required under this
542	542	23 subsection for commercial solar energy facilities. The
543	543	24 guidelines must include guidance for short-term and long-term
544	544	25 property management practices that provide and maintain native
545	545	26 and non-invasive naturalized perennial vegetation to protect
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556	556	1 the health and well-being of pollinators.
557	557	2 (s) If a facility owner enters into a road use agreement
558	558	3 with the Illinois Department of Transportation, a road
559	559	4 district, or other unit of local government relating to a
560	560	5 commercial wind energy facility or a commercial solar energy
561	561	6 facility, the road use agreement shall require the facility
562	562	7 owner to be responsible for (i) the reasonable cost of
563	563	8 improving roads used by the facility owner to construct the
564	564	9 commercial wind energy facility or the commercial solar energy
565	565	10 facility and (ii) the reasonable cost of repairing roads used
566	566	11 by the facility owner during construction of the commercial
567	567	12 wind energy facility or the commercial solar energy facility
568	568	13 so that those roads are in a condition that is safe for the
569	569	14 driving public after the completion of the facility's
570	570	15 construction. Roadways improved in preparation for and during
571	571	16 the construction of the commercial wind energy facility or
572	572	17 commercial solar energy facility shall be repaired and
573	573	18 restored to the improved condition at the reasonable cost of
574	574	19 the developer if the roadways have degraded or were damaged as
575	575	20 a result of construction-related activities.
576	576	21 The road use agreement shall not require the facility
577	577	22 owner to pay costs, fees, or charges for road work that is not
578	578	23 specifically and uniquely attributable to the construction of
579	579	24 the commercial wind energy facility or the commercial solar
580	580	25 energy facility. Road-related fees, permit fees, or other
581	581	26 charges imposed by the Illinois Department of Transportation,
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592	592	1 a road district, or other unit of local government under a road
593	593	2 use agreement with the facility owner shall be reasonably
594	594	3 related to the cost of administration of the road use
595	595	4 agreement.
596	596	5 (s-5) The facility owner shall also compensate landowners
597	597	6 for crop losses or other agricultural damages resulting from
598	598	7 damage to the drainage system caused by the construction of
599	599	8 the commercial wind energy facility or the commercial solar
600	600	9 energy facility. The commercial wind energy facility owner or
601	601	10 commercial solar energy facility owner shall repair or pay for
602	602	11 the repair of all damage to the subsurface drainage system
603	603	12 caused by the construction of the commercial wind energy
604	604	13 facility or the commercial solar energy facility in accordance
605	605	14 with the agriculture impact mitigation agreement requirements
606	606	15 for repair of drainage. The commercial wind energy facility
607	607	16 owner or commercial solar energy facility owner shall repair
608	608	17 or pay for the repair and restoration of surface drainage
609	609	18 caused by the construction or deconstruction of the commercial
610	610	19 wind energy facility or the commercial solar energy facility
611	611	20 as soon as reasonably practicable.
612	612	21 (t) Notwithstanding any other provision of law, a facility
613	613	22 owner with siting approval from a county to construct a
614	614	23 commercial wind energy facility or a commercial solar energy
615	615	24 facility is authorized to cross or impact a drainage system,
616	616	25 including, but not limited to, drainage tiles, open drainage
617	617	26 ditches, culverts, and water gathering vaults, owned or under
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628	628	1 the control of a drainage district under the Illinois Drainage
629	629	2 Code without obtaining prior agreement or approval from the
630	630	3 drainage district in accordance with the farmland drainage
631	631	4 plan required by subsection (j-5).
632	632	5 (u) The amendments to this Section adopted in Public Act
633	633	6 102-1123 do not apply to: (1) an application for siting
634	634	7 approval or for a special use permit for a commercial wind
635	635	8 energy facility or commercial solar energy facility if the
636	636	9 application was submitted to a unit of local government before
637	637	10 January 27, 2023 (the effective date of Public Act 102-1123);
638	638	11 (2) a commercial wind energy facility or a commercial solar
639	639	12 energy facility if the facility owner has submitted an
640	640	13 agricultural impact mitigation agreement to the Department of
641	641	14 Agriculture before January 27, 2023 (the effective date of
642	642	15 Public Act 102-1123); or (3) a commercial wind energy or
643	643	16 commercial solar energy development on property that is
644	644	17 located within an enterprise zone certified under the Illinois
645	645	18 Enterprise Zone Act, that was classified as industrial by the
646	646	19 appropriate zoning authority on or before January 27, 2023,
647	647	20 and that is located within 4 miles of the intersection of
648	648	21 Interstate 88 and Interstate 39; or (4)
649	649	counties with a
650	650	22 population of more than 500,000.
651	651	23 (Source: P.A. 102-1123, eff. 1-27-23; 103-81, eff. 6-9-23;
652	652	24 103-580, eff. 12-8-23.)
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