Illinois 2025-2026 Regular Session

Illinois House Bill HB1163 Compare Versions

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

Old	New	Differences
1	1	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB1163 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. LRB104 06385 RTM 16421 b A BILL FOR 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB1163 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. LRB104 06385 RTM 16421 b LRB104 06385 RTM 16421 b A BILL FOR
2	2	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB1163 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	LRB104 06385 RTM 16421 b LRB104 06385 RTM 16421 b
7	7	LRB104 06385 RTM 16421 b
8	8	A BILL FOR
9	9	HB1163LRB104 06385 RTM 16421 b HB1163 LRB104 06385 RTM 16421 b
10	10	HB1163 LRB104 06385 RTM 16421 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
34	34
35	35
36	36
37	37	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB1163 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.
41	41	LRB104 06385 RTM 16421 b LRB104 06385 RTM 16421 b
42	42	LRB104 06385 RTM 16421 b
43	43	A BILL FOR
44	44
45	45
46	46
47	47
48	48
49	49	55 ILCS 5/5-12020
50	50
51	51
52	52
53	53	LRB104 06385 RTM 16421 b
54	54
55	55
56	56
57	57
58	58
59	59
60	60
61	61
62	62
63	63	HB1163 LRB104 06385 RTM 16421 b
64	64
65	65
66	66	HB1163- 2 -LRB104 06385 RTM 16421 b HB1163 - 2 - LRB104 06385 RTM 16421 b
67	67	HB1163 - 2 - LRB104 06385 RTM 16421 b
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
94	94
95	95
96	96
97	97
98	98
99	99	HB1163 - 2 - LRB104 06385 RTM 16421 b
100	100
101	101
102	102	HB1163- 3 -LRB104 06385 RTM 16421 b HB1163 - 3 - LRB104 06385 RTM 16421 b
103	103	HB1163 - 3 - LRB104 06385 RTM 16421 b
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.
130	130
131	131
132	132
133	133
134	134
135	135	HB1163 - 3 - LRB104 06385 RTM 16421 b
136	136
137	137
138	138	HB1163- 4 -LRB104 06385 RTM 16421 b HB1163 - 4 - LRB104 06385 RTM 16421 b
139	139	HB1163 - 4 - LRB104 06385 RTM 16421 b
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
166	166
167	167
168	168
169	169
170	170
171	171	HB1163 - 4 - LRB104 06385 RTM 16421 b
172	172
173	173
174	174	HB1163- 5 -LRB104 06385 RTM 16421 b HB1163 - 5 - LRB104 06385 RTM 16421 b
175	175	HB1163 - 5 - LRB104 06385 RTM 16421 b
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 and file a land reclamation plan
190	190	15 and a recycling plan with the Department of Agriculture prior
191	191	16 to the date of the required public hearing. The land
192	192	17 reclamation plan must outline how the property on which a
193	193	18 facility has been constructed will be returned to the state
194	194	19 the property existed prior to the construction of the facility
195	195	20 upon removal of the facility. The recycling plan must outline
196	196	21 how the material used to construct the facility will be
197	197	22 recycled. A commercial wind energy facility owner seeking an
198	198	23 extension of a permit granted by a county prior to July 24,
199	199	24 2015 (the effective date of Public Act 99-132) must enter into
200	200	25 an agricultural impact mitigation agreement with the
201	201	26 Department of Agriculture prior to a decision by the county to
202	202
203	203
204	204
205	205
206	206
207	207	HB1163 - 5 - LRB104 06385 RTM 16421 b
208	208
209	209
210	210	HB1163- 6 -LRB104 06385 RTM 16421 b HB1163 - 6 - LRB104 06385 RTM 16421 b
211	211	HB1163 - 6 - LRB104 06385 RTM 16421 b
212	212	1 grant the permit extension. Counties may allow test wind
213	213	2 towers or test solar energy systems to be sited without formal
214	214	3 approval by the county board.
215	215	4 (d) A county with an existing zoning ordinance in conflict
216	216	5 with this Section shall amend that zoning ordinance to be in
217	217	6 compliance with this Section within 120 days after January 27,
218	218	7 2023 (the effective date of Public Act 102-1123).
219	219	8 (e) A county may require:
220	220	9 (1) a wind tower of a commercial wind energy facility
221	221	10 to be sited as follows, with setback distances measured
222	222	11 from the center of the base of the wind tower:
223	223	12 Setback Description Setback Distance
224	224	13 Occupied Community 2.1 times the maximum blade tip
225	225	14 Buildings height of the wind tower to the
226	226	15 nearest point on the outside
227	227	16 wall of the structure
228	228	17 Participating Residences 1.1 times the maximum blade tip
229	229	18 height of the wind tower to the
230	230	19 nearest point on the outside
231	231	20 wall of the structure
232	232	21 Nonparticipating Residences 2.1 times the maximum blade tip
233	233	22 height of the wind tower to the
234	234
235	235
236	236
237	237
238	238
239	239	HB1163 - 6 - LRB104 06385 RTM 16421 b
240	240
241	241
242	242	HB1163- 7 -LRB104 06385 RTM 16421 b HB1163 - 7 - LRB104 06385 RTM 16421 b
243	243	HB1163 - 7 - LRB104 06385 RTM 16421 b
244	244	1 nearest point on the outside
245	245	2 wall of the structure
246	246	3 Boundary Lines of None
247	247	4 Participating Property
248	248	5 Boundary Lines of 1.1 times the maximum blade tip
249	249	6 Nonparticipating Property height of the wind tower to the
250	250	7 nearest point on the property
251	251	8 line of the nonparticipating
252	252	9 property
253	253	10 Public Road Rights-of-Way 1.1 times the maximum blade tip
254	254	11 height of the wind tower
255	255	12 to the center point of the
256	256	13 public road right-of-way
257	257	14 Overhead Communication and 1.1 times the maximum blade tip
258	258	15 Electric Transmission height of the wind tower to the
259	259	16 and Distribution Facilities nearest edge of the property
260	260	17 (Not Including Overhead line, easement, or
261	261	18 Utility Service Lines to right-of-way
262	262	19 Individual Houses or containing the overhead line
263	263	20 Outbuildings)
264	264	21 Overhead Utility Service None
265	265
266	266
267	267
268	268
269	269
270	270	HB1163 - 7 - LRB104 06385 RTM 16421 b
271	271
272	272
273	273	HB1163- 8 -LRB104 06385 RTM 16421 b HB1163 - 8 - LRB104 06385 RTM 16421 b
274	274	HB1163 - 8 - LRB104 06385 RTM 16421 b
275	275	1 Lines to Individual
276	276	2 Houses or Outbuildings
277	277	3 Fish and Wildlife Areas 2.1 times the maximum blade
278	278	4 and Illinois Nature tip height of the wind tower
279	279	5 Preserve Commission to the nearest point on the
280	280	6 Protected Lands property line of the fish and
281	281	7 wildlife area or protected
282	282	8 land
283	283	9 This Section does not exempt or excuse compliance with
284	284	10 electric facility clearances approved or required by the
285	285	11 National Electrical Code, the The National Electrical
286	286	12 Safety Code, the Illinois Commerce Commission, and the
287	287	13 Federal Energy Regulatory Commission, and their designees
288	288	14 or successors; .
289	289	15 (2) a wind tower of a commercial wind energy facility
290	290	16 to be sited so that industry standard computer modeling
291	291	17 indicates that any occupied community building or
292	292	18 nonparticipating residence will not experience more than
293	293	19 30 hours per year of shadow flicker under planned
294	294	20 operating conditions;
295	295	21 (3) a commercial solar energy facility to be sited as
296	296	22 follows, with setback distances measured from the nearest
297	297	23 edge of any component of the facility:
298	298	24 Setback Description Setback Distance
299	299
300	300
301	301
302	302
303	303
304	304	HB1163 - 8 - LRB104 06385 RTM 16421 b
305	305
306	306
307	307	HB1163- 9 -LRB104 06385 RTM 16421 b HB1163 - 9 - LRB104 06385 RTM 16421 b
308	308	HB1163 - 9 - LRB104 06385 RTM 16421 b
309	309	1 Occupied Community 150 feet from the nearest
310	310	2 Buildings and Dwellings on point on the outside wall
311	311	3 Nonparticipating Properties of the structure
312	312	4 Boundary Lines of None
313	313	5 Participating Property
314	314	6 Public Road Rights-of-Way 50 feet from the nearest
315	315	7 edge
316	316	8 Boundary Lines of 50 feet to the nearest
317	317	9 Nonparticipating Property point on the property
318	318	10 line of the nonparticipating
319	319	11 property
320	320	12 (4) a commercial solar energy facility to be sited so
321	321	13 that the facility's perimeter is enclosed by fencing
322	322	14 having a height of at least 6 feet and no more than 25
323	323	15 feet; and
324	324	16 (5) a commercial solar energy facility to be sited so
325	325	17 that no component of a solar panel has a height of more
326	326	18 than 20 feet above ground when the solar energy facility's
327	327	19 arrays are at full tilt.
328	328	20 The requirements set forth in this subsection (e) may be
329	329	21 waived subject to the written consent of the owner of each
330	330
331	331
332	332
333	333
334	334
335	335	HB1163 - 9 - LRB104 06385 RTM 16421 b
336	336
337	337
338	338	HB1163- 10 -LRB104 06385 RTM 16421 b HB1163 - 10 - LRB104 06385 RTM 16421 b
339	339	HB1163 - 10 - LRB104 06385 RTM 16421 b
340	340	1 affected nonparticipating property.
341	341	2 (e-5) A commercial solar energy facility may not be sited
342	342	3 on property where the property's soil's crop productivity
343	343	4 index is greater than 110, as "crop productivity index" is
344	344	5 used in the University of Illinois at Urbana-Champaign's
345	345	6 Optimum Crop Productivity Ratings for Illinois Soil or
346	346	7 subsequent publication.
347	347	8 (f) A county may not set a sound limitation for wind towers
348	348	9 in commercial wind energy facilities or any components in
349	349	10 commercial solar energy facilities that is more restrictive
350	350	11 than the sound limitations established by the Illinois
351	351	12 Pollution Control Board under 35 Ill. Adm. Code Parts 900,
352	352	13 901, and 910.
353	353	14 (g) A county may not place any restriction on the
354	354	15 installation or use of a commercial wind energy facility or a
355	355	16 commercial solar energy facility unless it adopts an ordinance
356	356	17 that complies with this Section. A county may not establish
357	357	18 siting standards for supporting facilities that preclude
358	358	19 development of commercial wind energy facilities or commercial
359	359	20 solar energy facilities.
360	360	21 A request for siting approval or a special use permit for a
361	361	22 commercial wind energy facility or a commercial solar energy
362	362	23 facility, or modification of an approved siting or special use
363	363	24 permit, shall be approved if the request is in compliance with
364	364	25 the standards and conditions imposed in this Act, the zoning
365	365	26 ordinance adopted consistent with this Code, and the
366	366
367	367
368	368
369	369
370	370
371	371	HB1163 - 10 - LRB104 06385 RTM 16421 b
372	372
373	373
374	374	HB1163- 11 -LRB104 06385 RTM 16421 b HB1163 - 11 - LRB104 06385 RTM 16421 b
375	375	HB1163 - 11 - LRB104 06385 RTM 16421 b
376	376	1 conditions imposed under State and federal statutes and
377	377	2 regulations.
378	378	3 (h) A county may not adopt zoning regulations that
379	379	4 disallow, permanently or temporarily, commercial wind energy
380	380	5 facilities or commercial solar energy facilities from being
381	381	6 developed or operated in any district zoned to allow
382	382	7 agricultural or industrial uses.
383	383	8 (i) A county may not require permit application fees for a
384	384	9 commercial wind energy facility or commercial solar energy
385	385	10 facility that are unreasonable. All application fees imposed
386	386	11 by the county shall be consistent with fees for projects in the
387	387	12 county with similar capital value and cost.
388	388	13 (j) Except as otherwise provided in this Section, a county
389	389	14 shall not require standards for construction, decommissioning,
390	390	15 or deconstruction of a commercial wind energy facility or
391	391	16 commercial solar energy facility or related financial
392	392	17 assurances that are more restrictive than those included in
393	393	18 the Department of Agriculture's standard wind farm
394	394	19 agricultural impact mitigation agreement, template 81818, or
395	395	20 standard solar agricultural impact mitigation agreement,
396	396	21 version 8.19.19, as applicable and in effect on December 31,
397	397	22 2022. The amount of any decommissioning payment shall be in
398	398	23 accordance with the financial assurance required by those
399	399	24 agricultural impact mitigation agreements.
400	400	25 (j-5) A commercial wind energy facility or a commercial
401	401	26 solar energy facility shall file a farmland drainage plan with
402	402
403	403
404	404
405	405
406	406
407	407	HB1163 - 11 - LRB104 06385 RTM 16421 b
408	408
409	409
410	410	HB1163- 12 -LRB104 06385 RTM 16421 b HB1163 - 12 - LRB104 06385 RTM 16421 b
411	411	HB1163 - 12 - LRB104 06385 RTM 16421 b
412	412	1 the county and impacted drainage districts outlining how
413	413	2 surface and subsurface drainage of farmland will be restored
414	414	3 during and following construction or deconstruction of the
415	415	4 facility. The plan is to be created independently by the
416	416	5 facility developer and shall include the location of any
417	417	6 potentially impacted drainage district facilities to the
418	418	7 extent this information is publicly available from the county
419	419	8 or the drainage district, plans to repair any subsurface
420	420	9 drainage affected during construction or deconstruction using
421	421	10 procedures outlined in the agricultural impact mitigation
422	422	11 agreement entered into by the commercial wind energy facility
423	423	12 owner or commercial solar energy facility owner, and
424	424	13 procedures for the repair and restoration of surface drainage
425	425	14 affected during construction or deconstruction. All surface
426	426	15 and subsurface damage shall be repaired as soon as reasonably
427	427	16 practicable.
428	428	17 (k) A county may not condition approval of a commercial
429	429	18 wind energy facility or commercial solar energy facility on a
430	430	19 property value guarantee and may not require a facility owner
431	431	20 to pay into a neighboring property devaluation escrow account.
432	432	21 (l) A county may require certain vegetative screening
433	433	22 surrounding a commercial wind energy facility or commercial
434	434	23 solar energy facility but may not require earthen berms or
435	435	24 similar structures.
436	436	25 (m) A county may set blade tip height limitations for wind
437	437	26 towers in commercial wind energy facilities but may not set a
438	438
439	439
440	440
441	441
442	442
443	443	HB1163 - 12 - LRB104 06385 RTM 16421 b
444	444
445	445
446	446	HB1163- 13 -LRB104 06385 RTM 16421 b HB1163 - 13 - LRB104 06385 RTM 16421 b
447	447	HB1163 - 13 - LRB104 06385 RTM 16421 b
448	448	1 blade tip height limitation that is more restrictive than the
449	449	2 height allowed under a Determination of No Hazard to Air
450	450	3 Navigation by the Federal Aviation Administration under 14 CFR
451	451	4 Part 77.
452	452	5 (n) A county may require that a commercial wind energy
453	453	6 facility owner or commercial solar energy facility owner
454	454	7 provide:
455	455	8 (1) the results and recommendations from consultation
456	456	9 with the Illinois Department of Natural Resources that are
457	457	10 obtained through the Ecological Compliance Assessment Tool
458	458	11 (EcoCAT) or a comparable successor tool; and
459	459	12 (2) the results of the United States Fish and Wildlife
460	460	13 Service's Information for Planning and Consulting
461	461	14 environmental review or a comparable successor tool that
462	462	15 is consistent with (i) the "U.S. Fish and Wildlife
463	463	16 Service's Land-Based Wind Energy Guidelines" and (ii) any
464	464	17 applicable United States Fish and Wildlife Service solar
465	465	18 wildlife guidelines that have been subject to public
466	466	19 review.
467	467	20 (o) A county may require a commercial wind energy facility
468	468	21 or commercial solar energy facility to adhere to the
469	469	22 recommendations provided by the Illinois Department of Natural
470	470	23 Resources in an EcoCAT natural resource review report under 17
471	471	24 Ill. Adm. Code Part 1075.
472	472	25 (p) A county may require a facility owner to:
473	473	26 (1) demonstrate avoidance of protected lands as
474	474
475	475
476	476
477	477
478	478
479	479	HB1163 - 13 - LRB104 06385 RTM 16421 b
480	480
481	481
482	482	HB1163- 14 -LRB104 06385 RTM 16421 b HB1163 - 14 - LRB104 06385 RTM 16421 b
483	483	HB1163 - 14 - LRB104 06385 RTM 16421 b
484	484	1 identified by the Illinois Department of Natural Resources
485	485	2 and the Illinois Nature Preserve Commission; or
486	486	3 (2) consider the recommendations of the Illinois
487	487	4 Department of Natural Resources for setbacks from
488	488	5 protected lands, including areas identified by the
489	489	6 Illinois Nature Preserve Commission.
490	490	7 (q) A county may require that a facility owner provide
491	491	8 evidence of consultation with the Illinois State Historic
492	492	9 Preservation Office to assess potential impacts on
493	493	10 State-registered historic sites under the Illinois State
494	494	11 Agency Historic Resources Preservation Act.
495	495	12 (r) To maximize community benefits, including, but not
496	496	13 limited to, reduced stormwater runoff, flooding, and erosion
497	497	14 at the ground mounted solar energy system, improved soil
498	498	15 health, and increased foraging habitat for game birds,
499	499	16 songbirds, and pollinators, a county may (1) require a
500	500	17 commercial solar energy facility owner to plant, establish,
501	501	18 and maintain for the life of the facility vegetative ground
502	502	19 cover, consistent with the goals of the Pollinator-Friendly
503	503	20 Solar Site Act and (2) require the submittal of a vegetation
504	504	21 management plan that is in compliance with the agricultural
505	505	22 impact mitigation agreement in the application to construct
506	506	23 and operate a commercial solar energy facility in the county
507	507	24 if the vegetative ground cover and vegetation management plan
508	508	25 comply with the requirements of the underlying agreement with
509	509	26 the landowner or landowners where the facility will be
510	510
511	511
512	512
513	513
514	514
515	515	HB1163 - 14 - LRB104 06385 RTM 16421 b
516	516
517	517
518	518	HB1163- 15 -LRB104 06385 RTM 16421 b HB1163 - 15 - LRB104 06385 RTM 16421 b
519	519	HB1163 - 15 - LRB104 06385 RTM 16421 b
520	520	1 constructed.
521	521	2 No later than 90 days after January 27, 2023 (the
522	522	3 effective date of Public Act 102-1123), the Illinois
523	523	4 Department of Natural Resources shall develop guidelines for
524	524	5 vegetation management plans that may be required under this
525	525	6 subsection for commercial solar energy facilities. The
526	526	7 guidelines must include guidance for short-term and long-term
527	527	8 property management practices that provide and maintain native
528	528	9 and non-invasive naturalized perennial vegetation to protect
529	529	10 the health and well-being of pollinators.
530	530	11 (s) If a facility owner enters into a road use agreement
531	531	12 with the Illinois Department of Transportation, a road
532	532	13 district, or other unit of local government relating to a
533	533	14 commercial wind energy facility or a commercial solar energy
534	534	15 facility, the road use agreement shall require the facility
535	535	16 owner to be responsible for (i) the reasonable cost of
536	536	17 improving roads used by the facility owner to construct the
537	537	18 commercial wind energy facility or the commercial solar energy
538	538	19 facility and (ii) the reasonable cost of repairing roads used
539	539	20 by the facility owner during construction of the commercial
540	540	21 wind energy facility or the commercial solar energy facility
541	541	22 so that those roads are in a condition that is safe for the
542	542	23 driving public after the completion of the facility's
543	543	24 construction. Roadways improved in preparation for and during
544	544	25 the construction of the commercial wind energy facility or
545	545	26 commercial solar energy facility shall be repaired and
546	546
547	547
548	548
549	549
550	550
551	551	HB1163 - 15 - LRB104 06385 RTM 16421 b
552	552
553	553
554	554	HB1163- 16 -LRB104 06385 RTM 16421 b HB1163 - 16 - LRB104 06385 RTM 16421 b
555	555	HB1163 - 16 - LRB104 06385 RTM 16421 b
556	556	1 restored to the improved condition at the reasonable cost of
557	557	2 the developer if the roadways have degraded or were damaged as
558	558	3 a result of construction-related activities.
559	559	4 The road use agreement shall not require the facility
560	560	5 owner to pay costs, fees, or charges for road work that is not
561	561	6 specifically and uniquely attributable to the construction of
562	562	7 the commercial wind energy facility or the commercial solar
563	563	8 energy facility. Road-related fees, permit fees, or other
564	564	9 charges imposed by the Illinois Department of Transportation,
565	565	10 a road district, or other unit of local government under a road
566	566	11 use agreement with the facility owner shall be reasonably
567	567	12 related to the cost of administration of the road use
568	568	13 agreement.
569	569	14 (s-5) The facility owner shall also compensate landowners
570	570	15 for crop losses or other agricultural damages resulting from
571	571	16 damage to the drainage system caused by the construction of
572	572	17 the commercial wind energy facility or the commercial solar
573	573	18 energy facility. The commercial wind energy facility owner or
574	574	19 commercial solar energy facility owner shall repair or pay for
575	575	20 the repair of all damage to the subsurface drainage system
576	576	21 caused by the construction of the commercial wind energy
577	577	22 facility or the commercial solar energy facility in accordance
578	578	23 with the agriculture impact mitigation agreement requirements
579	579	24 for repair of drainage. The commercial wind energy facility
580	580	25 owner or commercial solar energy facility owner shall repair
581	581	26 or pay for the repair and restoration of surface drainage
582	582
583	583
584	584
585	585
586	586
587	587	HB1163 - 16 - LRB104 06385 RTM 16421 b
588	588
589	589
590	590	HB1163- 17 -LRB104 06385 RTM 16421 b HB1163 - 17 - LRB104 06385 RTM 16421 b
591	591	HB1163 - 17 - LRB104 06385 RTM 16421 b
592	592	1 caused by the construction or deconstruction of the commercial
593	593	2 wind energy facility or the commercial solar energy facility
594	594	3 as soon as reasonably practicable.
595	595	4 (t) Notwithstanding any other provision of law, a facility
596	596	5 owner with siting approval from a county to construct a
597	597	6 commercial wind energy facility or a commercial solar energy
598	598	7 facility is authorized to cross or impact a drainage system,
599	599	8 including, but not limited to, drainage tiles, open drainage
600	600	9 ditches, culverts, and water gathering vaults, owned or under
601	601	10 the control of a drainage district under the Illinois Drainage
602	602	11 Code without obtaining prior agreement or approval from the
603	603	12 drainage district in accordance with the farmland drainage
604	604	13 plan required by subsection (j-5).
605	605	14 (u) The amendments to this Section adopted in Public Act
606	606	15 102-1123 do not apply to: (1) an application for siting
607	607	16 approval or for a special use permit for a commercial wind
608	608	17 energy facility or commercial solar energy facility if the
609	609	18 application was submitted to a unit of local government before
610	610	19 January 27, 2023 (the effective date of Public Act 102-1123);
611	611	20 (2) a commercial wind energy facility or a commercial solar
612	612	21 energy facility if the facility owner has submitted an
613	613	22 agricultural impact mitigation agreement to the Department of
614	614	23 Agriculture before January 27, 2023 (the effective date of
615	615	24 Public Act 102-1123); or (3) a commercial wind energy or
616	616	25 commercial solar energy development on property that is
617	617	26 located within an enterprise zone certified under the Illinois
618	618
619	619
620	620
621	621
622	622
623	623	HB1163 - 17 - LRB104 06385 RTM 16421 b
624	624
625	625
626	626	HB1163- 18 -LRB104 06385 RTM 16421 b HB1163 - 18 - LRB104 06385 RTM 16421 b
627	627	HB1163 - 18 - LRB104 06385 RTM 16421 b
628	628	1 Enterprise Zone Act, that was classified as industrial by the
629	629	2 appropriate zoning authority on or before January 27, 2023,
630	630	3 and that is located within 4 miles of the intersection of
631	631	4 Interstate 88 and Interstate 39.
632	632	5 (Source: P.A. 102-1123, eff. 1-27-23; 103-81, eff. 6-9-23;
633	633	6 103-580, eff. 12-8-23; revised 7-29-24.)
634	634
635	635
636	636
637	637
638	638
639	639	HB1163 - 18 - LRB104 06385 RTM 16421 b