Illinois 2025-2026 Regular Session

Illinois House Bill HB3563 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 HB3563 Introduced , by Rep. La Shawn K. Ford SYNOPSIS AS INTRODUCED: 55 ILCS 5/5-12020505 ILCS 147/10505 ILCS 147/15 Amends the Counties Code. Provides that a commercial wind energy facility or commercial solar energy facility proposed to be located on property in an unincorporated area of the county within the zoning jurisdiction of a municipality and located adjacent to the corporate boundary of a municipality shall either be annexed to the municipality or be subject to the municipality's zoning regulations. Provides factors for determining if a request for siting approval or a special use permit for a commercial wind energy facility or a commercial solar energy facility, or modification of an approved siting or special use permit, is in compliance with the standards and conditions imposed in the Code, the zoning ordinance adopted consistent with the Code, and the conditions imposed under State and federal statutes and regulations. Provides that a county may not approve a request for siting approval or a special use permit for a commercial wind energy facility or a commercial solar energy facility or modification of an approved siting or special use permit, if the proposal shall disturb more than one acre of land, unless the facility owner has obtained a National Pollution Discharge Elimination System ("NPDES") permit from the Illinois Environmental Protection Agency. Requires a facility owner to provide the county in which a commercial solar energy facility or commercial wind energy facility to be located, a deconstruction plan that has been prepared by a professional engineer who has been selected by the facility owner. Provides that, based on an initial evaluation or reevaluation during the county approval process, the county may require changes in the level of financial assurance used to calculate the financial assurance level from the facility owner. Amends the Renewable Energy Facilities Agricultural Impact Mitigation Act. Provides that the standard agricultural impact mitigation agreements shall be amended as needed to conform with the financial assurance procedures and requirements under specified provisions of the Counties Code. Makes other changes. LRB104 09862 RTM 19930 b A BILL FOR 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB3563 Introduced , by Rep. La Shawn K. Ford SYNOPSIS AS INTRODUCED: 55 ILCS 5/5-12020505 ILCS 147/10505 ILCS 147/15 55 ILCS 5/5-12020 505 ILCS 147/10 505 ILCS 147/15 Amends the Counties Code. Provides that a commercial wind energy facility or commercial solar energy facility proposed to be located on property in an unincorporated area of the county within the zoning jurisdiction of a municipality and located adjacent to the corporate boundary of a municipality shall either be annexed to the municipality or be subject to the municipality's zoning regulations. Provides factors for determining if a request for siting approval or a special use permit for a commercial wind energy facility or a commercial solar energy facility, or modification of an approved siting or special use permit, is in compliance with the standards and conditions imposed in the Code, the zoning ordinance adopted consistent with the Code, and the conditions imposed under State and federal statutes and regulations. Provides that a county may not approve a request for siting approval or a special use permit for a commercial wind energy facility or a commercial solar energy facility or modification of an approved siting or special use permit, if the proposal shall disturb more than one acre of land, unless the facility owner has obtained a National Pollution Discharge Elimination System ("NPDES") permit from the Illinois Environmental Protection Agency. Requires a facility owner to provide the county in which a commercial solar energy facility or commercial wind energy facility to be located, a deconstruction plan that has been prepared by a professional engineer who has been selected by the facility owner. Provides that, based on an initial evaluation or reevaluation during the county approval process, the county may require changes in the level of financial assurance used to calculate the financial assurance level from the facility owner. Amends the Renewable Energy Facilities Agricultural Impact Mitigation Act. Provides that the standard agricultural impact mitigation agreements shall be amended as needed to conform with the financial assurance procedures and requirements under specified provisions of the Counties Code. Makes other changes. LRB104 09862 RTM 19930 b LRB104 09862 RTM 19930 b A BILL FOR
2	2	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB3563 Introduced , by Rep. La Shawn K. Ford SYNOPSIS AS INTRODUCED:
3	3	55 ILCS 5/5-12020505 ILCS 147/10505 ILCS 147/15 55 ILCS 5/5-12020 505 ILCS 147/10 505 ILCS 147/15
4	4	55 ILCS 5/5-12020
5	5	505 ILCS 147/10
6	6	505 ILCS 147/15
7	7	Amends the Counties Code. Provides that a commercial wind energy facility or commercial solar energy facility proposed to be located on property in an unincorporated area of the county within the zoning jurisdiction of a municipality and located adjacent to the corporate boundary of a municipality shall either be annexed to the municipality or be subject to the municipality's zoning regulations. Provides factors for determining if a request for siting approval or a special use permit for a commercial wind energy facility or a commercial solar energy facility, or modification of an approved siting or special use permit, is in compliance with the standards and conditions imposed in the Code, the zoning ordinance adopted consistent with the Code, and the conditions imposed under State and federal statutes and regulations. Provides that a county may not approve a request for siting approval or a special use permit for a commercial wind energy facility or a commercial solar energy facility or modification of an approved siting or special use permit, if the proposal shall disturb more than one acre of land, unless the facility owner has obtained a National Pollution Discharge Elimination System ("NPDES") permit from the Illinois Environmental Protection Agency. Requires a facility owner to provide the county in which a commercial solar energy facility or commercial wind energy facility to be located, a deconstruction plan that has been prepared by a professional engineer who has been selected by the facility owner. Provides that, based on an initial evaluation or reevaluation during the county approval process, the county may require changes in the level of financial assurance used to calculate the financial assurance level from the facility owner. Amends the Renewable Energy Facilities Agricultural Impact Mitigation Act. Provides that the standard agricultural impact mitigation agreements shall be amended as needed to conform with the financial assurance procedures and requirements under specified provisions of the Counties Code. Makes other changes.
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10	10	A BILL FOR
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12	12	HB3563 LRB104 09862 RTM 19930 b
13	13	1 AN ACT concerning local government.
14	14	2 Be it enacted by the People of the State of Illinois,
15	15	3 represented in the General Assembly:
16	16	4 Section 5. The Counties Code is amended by changing
17	17	5 Section 5-12020 as follows:
18	18	6 (55 ILCS 5/5-12020)
19	19	7 Sec. 5-12020. Commercial wind energy facilities and
20	20	8 commercial solar energy facilities.
21	21	9 (a) As used in this Section:
22	22	10 "Commercial operation date" means the calendar date the
23	23	11 facility owner notifies the landowner, county, and Illinois
24	24	12 Department of Agriculture in writing that commercial operation
25	25	13 of a commercial solar energy facility or commercial wind
26	26	14 energy facility has commenced.
27	27	15 "Commercial solar energy facility" means a "commercial
28	28	16 solar energy system" as defined in Section 10-720 of the
29	29	17 Property Tax Code. "Commercial solar energy facility" does not
30	30	18 mean a utility-scale solar energy facility being constructed
31	31	19 at a site that was eligible to participate in a procurement
32	32	20 event conducted by the Illinois Power Agency pursuant to
33	33	21 subsection (c-5) of Section 1-75 of the Illinois Power Agency
34	34	22 Act.
35	35	23 "Commercial wind energy facility" means a wind energy
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39	39	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB3563 Introduced , by Rep. La Shawn K. Ford SYNOPSIS AS INTRODUCED:
40	40	55 ILCS 5/5-12020505 ILCS 147/10505 ILCS 147/15 55 ILCS 5/5-12020 505 ILCS 147/10 505 ILCS 147/15
41	41	55 ILCS 5/5-12020
42	42	505 ILCS 147/10
43	43	505 ILCS 147/15
44	44	Amends the Counties Code. Provides that a commercial wind energy facility or commercial solar energy facility proposed to be located on property in an unincorporated area of the county within the zoning jurisdiction of a municipality and located adjacent to the corporate boundary of a municipality shall either be annexed to the municipality or be subject to the municipality's zoning regulations. Provides factors for determining if a request for siting approval or a special use permit for a commercial wind energy facility or a commercial solar energy facility, or modification of an approved siting or special use permit, is in compliance with the standards and conditions imposed in the Code, the zoning ordinance adopted consistent with the Code, and the conditions imposed under State and federal statutes and regulations. Provides that a county may not approve a request for siting approval or a special use permit for a commercial wind energy facility or a commercial solar energy facility or modification of an approved siting or special use permit, if the proposal shall disturb more than one acre of land, unless the facility owner has obtained a National Pollution Discharge Elimination System ("NPDES") permit from the Illinois Environmental Protection Agency. Requires a facility owner to provide the county in which a commercial solar energy facility or commercial wind energy facility to be located, a deconstruction plan that has been prepared by a professional engineer who has been selected by the facility owner. Provides that, based on an initial evaluation or reevaluation during the county approval process, the county may require changes in the level of financial assurance used to calculate the financial assurance level from the facility owner. Amends the Renewable Energy Facilities Agricultural Impact Mitigation Act. Provides that the standard agricultural impact mitigation agreements shall be amended as needed to conform with the financial assurance procedures and requirements under specified provisions of the Counties Code. Makes other changes.
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47	47	A BILL FOR
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53	53	55 ILCS 5/5-12020
54	54	505 ILCS 147/10
55	55	505 ILCS 147/15
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74	74	1 conversion facility of equal or greater than 500 kilowatts in
75	75	2 total nameplate generating capacity. "Commercial wind energy
76	76	3 facility" includes a wind energy conversion facility seeking
77	77	4 an extension of a permit to construct granted by a county or
78	78	5 municipality before January 27, 2023 (the effective date of
79	79	6 Public Act 102-1123).
80	80	7 "Facility owner" means (i) a person with a direct
81	81	8 ownership interest in a commercial wind energy facility or a
82	82	9 commercial solar energy facility, or both, regardless of
83	83	10 whether the person is involved in acquiring the necessary
84	84	11 rights, permits, and approvals or otherwise planning for the
85	85	12 construction and operation of the facility, and (ii) at the
86	86	13 time the facility is being developed, a person who is acting as
87	87	14 a developer of the facility by acquiring the necessary rights,
88	88	15 permits, and approvals or by planning for the construction and
89	89	16 operation of the facility, regardless of whether the person
90	90	17 will own or operate the facility.
91	91	18 "Nonparticipating property" means real property that is
92	92	19 not a participating property.
93	93	20 "Nonparticipating residence" means a residence that is
94	94	21 located on nonparticipating property and that is existing and
95	95	22 occupied on the date that an application for a permit to
96	96	23 develop the commercial wind energy facility or the commercial
97	97	24 solar energy facility is filed with the county.
98	98	25 "Occupied community building" means any one or more of the
99	99	26 following buildings that is existing and occupied on the date
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110	110	1 that the application for a permit to develop the commercial
111	111	2 wind energy facility or the commercial solar energy facility
112	112	3 is filed with the county: a school, place of worship, day care
113	113	4 facility, public library, or community center.
114	114	5 "Participating property" means real property that is the
115	115	6 subject of a written agreement between a facility owner and
116	116	7 the owner of the real property that provides the facility
117	117	8 owner an easement, option, lease, or license to use the real
118	118	9 property for the purpose of constructing a commercial wind
119	119	10 energy facility, a commercial solar energy facility, or
120	120	11 supporting facilities. "Participating property" also includes
121	121	12 real property that is owned by a facility owner for the purpose
122	122	13 of constructing a commercial wind energy facility, a
123	123	14 commercial solar energy facility, or supporting facilities.
124	124	15 "Participating residence" means a residence that is
125	125	16 located on participating property and that is existing and
126	126	17 occupied on the date that an application for a permit to
127	127	18 develop the commercial wind energy facility or the commercial
128	128	19 solar energy facility is filed with the county.
129	129	20 "Protected lands" means real property that is:
130	130	21 (1) subject to a permanent conservation right
131	131	22 consistent with the Real Property Conservation Rights Act;
132	132	23 or
133	133	24 (2) registered or designated as a nature preserve,
134	134	25 buffer, or land and water reserve under the Illinois
135	135	26 Natural Areas Preservation Act.
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146	146	1 "Supporting facilities" means the transmission lines,
147	147	2 substations, access roads, meteorological towers, storage
148	148	3 containers, and equipment associated with the generation and
149	149	4 storage of electricity by the commercial wind energy facility
150	150	5 or commercial solar energy facility.
151	151	6 "Wind tower" includes the wind turbine tower, nacelle, and
152	152	7 blades.
153	153	8 (b) Notwithstanding any other provision of law or whether
154	154	9 the county has formed a zoning commission and adopted formal
155	155	10 zoning under Section 5-12007, a county may establish standards
156	156	11 for commercial wind energy facilities, commercial solar energy
157	157	12 facilities, or both. The standards may include all of the
158	158	13 requirements specified in this Section but may not include
159	159	14 requirements for commercial wind energy facilities or
160	160	15 commercial solar energy facilities that are more restrictive
161	161	16 than specified in this Section. A county may also regulate the
162	162	17 siting of commercial wind energy facilities with standards
163	163	18 that are not more restrictive than the requirements specified
164	164	19 in this Section in unincorporated areas of the county that are
165	165	20 outside the zoning jurisdiction of a municipality and that are
166	166	21 outside the 1.5-mile radius surrounding the zoning
167	167	22 jurisdiction of a municipality.
168	168	23 (c) If a county has elected to establish standards under
169	169	24 subsection (b), before the county grants siting approval or a
170	170	25 special use permit for a commercial wind energy facility or a
171	171	26 commercial solar energy facility, or modification of an
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182	182	1 approved siting or special use permit, the county board of the
183	183	2 county in which the facility is to be sited or the zoning board
184	184	3 of appeals for the county shall hold at least one public
185	185	4 hearing. The public hearing shall be conducted in accordance
186	186	5 with the Open Meetings Act and shall be held not more than 60
187	187	6 days after the filing of the application for the facility. The
188	188	7 county shall allow interested parties to a special use permit
189	189	8 an opportunity to present evidence and to cross-examine
190	190	9 witnesses at the hearing, but the county may impose reasonable
191	191	10 restrictions on the public hearing, including reasonable time
192	192	11 limitations on the presentation of evidence and the
193	193	12 cross-examination of witnesses. The county shall also allow
194	194	13 public comment at the public hearing in accordance with the
195	195	14 Open Meetings Act. The county shall make its siting and
196	196	15 permitting decisions not more than 60 30 days after the
197	197	16 conclusion of the public hearing. Notice of the hearing shall
198	198	17 be published in a newspaper of general circulation in the
199	199	18 county. A facility owner must enter into an agricultural
200	200	19 impact mitigation agreement with the Department of Agriculture
201	201	20 prior to the date of the required public hearing. A commercial
202	202	21 wind energy facility owner seeking an extension of a permit
203	203	22 granted by a county prior to July 24, 2015 (the effective date
204	204	23 of Public Act 99-132) must enter into an agricultural impact
205	205	24 mitigation agreement with the Department of Agriculture prior
206	206	25 to a decision by the county to grant the permit extension.
207	207	26 Counties may allow test wind towers or test solar energy
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218	218	1 systems to be sited without formal approval by the county
219	219	2 board.
220	220	3 (c-5) A commercial wind energy facility or commercial
221	221	4 solar energy facility proposed to be located on property in an
222	222	5 unincorporated area of the county within the zoning
223	223	6 jurisdiction of a municipality and located adjacent to the
224	224	7 corporate boundary of a municipality shall either be annexed
225	225	8 to the municipality subject to the requirements under Section
226	226	9 7-1-1 of the Illinois Municipal Code or be subject to the
227	227	10 municipality's zoning regulations.
228	228	11 (d) A county with an existing zoning ordinance in conflict
229	229	12 with this Section shall amend that zoning ordinance to be in
230	230	13 compliance with this Section within 120 days after January 27,
231	231	14 2023 (the effective date of Public Act 102-1123).
232	232	15 (e) A county may require:
233	233	16 (1) a wind tower of a commercial wind energy facility
234	234	17 to be sited as follows, with setback distances measured
235	235	18 from the center of the base of the wind tower:
236	236	19 Setback Description Setback Distance
237	237	20 Occupied Community 2.1 times the maximum blade tip
238	238	21 Buildings height of the wind tower to the
239	239	22 nearest point on the outside
240	240	23 wall of the structure
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251	251	1 Participating Residences 1.1 times the maximum blade tip
252	252	2 height of the wind tower to the
253	253	3 nearest point on the outside
254	254	4 wall of the structure
255	255	5 Nonparticipating Residences 2.1 times the maximum blade tip
256	256	6 height of the wind tower to the
257	257	7 nearest point on the outside
258	258	8 wall of the structure
259	259	9 Boundary Lines of None
260	260	10 Participating Property
261	261	11 Boundary Lines of 1.1 times the maximum blade tip
262	262	12 Nonparticipating Property height of the wind tower to the
263	263	13 nearest point on the property
264	264	14 line of the nonparticipating
265	265	15 property
266	266	16 Public Road Rights-of-Way 1.1 times the maximum blade tip
267	267	17 height of the wind tower
268	268	18 to the center point of the
269	269	19 public road right-of-way
270	270	20 Overhead Communication and 1.1 times the maximum blade tip
271	271	21 Electric Transmission height of the wind tower to the
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282	282	1 and Distribution Facilities nearest edge of the property
283	283	2 (Not Including Overhead line, easement, or
284	284	3 Utility Service Lines to right-of-way
285	285	4 Individual Houses or containing the overhead line
286	286	5 Outbuildings)
287	287	6 Overhead Utility Service None
288	288	7 Lines to Individual
289	289	8 Houses or Outbuildings
290	290	9 Fish and Wildlife Areas 2.1 times the maximum blade
291	291	10 and Illinois Nature tip height of the wind tower
292	292	11 Preserve Commission to the nearest point on the
293	293	12 Protected Lands property line of the fish and
294	294	13 wildlife area or protected
295	295	14 land
296	296	15 This Section does not exempt or excuse compliance with
297	297	16 electric facility clearances approved or required by the
298	298	17 National Electrical Code, the The National Electrical
299	299	18 Safety Code, the Illinois Commerce Commission, and the
300	300	19 Federal Energy Regulatory Commission, and their designees
301	301	20 or successors; .
302	302	21 (2) a wind tower of a commercial wind energy facility
303	303	22 to be sited so that industry standard computer modeling
304	304	23 indicates that any occupied community building or
305	305	24 nonparticipating residence will not experience more than
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316	316	1 30 hours per year of shadow flicker under planned
317	317	2 operating conditions;
318	318	3 (3) a commercial solar energy facility to be sited as
319	319	4 follows, with setback distances measured from the nearest
320	320	5 edge of any component of the facility:
321	321	6 Setback Description Setback Distance
322	322	7 Occupied Community 150 feet from the nearest
323	323	8 Buildings and Dwellings on point on the outside wall
324	324	9 Nonparticipating Properties of the structure
325	325	10 Boundary Lines of None
326	326	11 Participating Property
327	327	12 Public Road Rights-of-Way 50 feet from the nearest
328	328	13 edge
329	329	14 Boundary Lines of 50 feet to the nearest
330	330	15 Nonparticipating Property point on the property
331	331	16 line of the nonparticipating
332	332	17 property
333	333	18 (4) a commercial solar energy facility to be sited so
334	334	19 that the facility's perimeter is enclosed by fencing
335	335	20 having a height of at least 6 feet and no more than 25
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346	346	1 feet; and
347	347	2 (5) a commercial solar energy facility to be sited so
348	348	3 that no component of a solar panel has a height of more
349	349	4 than 20 feet above ground when the solar energy facility's
350	350	5 arrays are at full tilt.
351	351	6 The requirements set forth in this subsection (e) may be
352	352	7 waived subject to the written consent of the owner of each
353	353	8 affected nonparticipating property.
354	354	9 (e-5) Commercial solar energy facilities or commercial
355	355	10 wind energy facilities shall be placed in zoning districts
356	356	11 primarily intended for agricultural or manufacturing uses.
357	357	12 (f) A county may not set a sound limitation for wind towers
358	358	13 in commercial wind energy facilities or any components in
359	359	14 commercial solar energy facilities that is more restrictive
360	360	15 than the sound limitations established by the Illinois
361	361	16 Pollution Control Board under 35 Ill. Adm. Code Parts 900,
362	362	17 901, and 910.
363	363	18 (f-5) A county may designate commercial wind energy
364	364	19 facilities and commercial solar energy facilities as permitted
365	365	20 uses for certain zoning districts.
366	366	21 (g) A county may not place any restriction on the
367	367	22 installation or use of a commercial wind energy facility or a
368	368	23 commercial solar energy facility unless it adopts an ordinance
369	369	24 that complies with this Section. A county may not establish
370	370	25 siting standards for supporting facilities that preclude
371	371	26 development of commercial wind energy facilities or commercial
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382	382	1 solar energy facilities, unless the development is determined
383	383	2 by the county, based evidence presented at a public hearing,
384	384	3 to be detrimental to the public health, safety, or welfare of
385	385	4 county residents or the development site or adjacent property
386	386	5 consistent with the legal standard set forth in the Illinois
387	387	6 Supreme Court case, La Salle National Bank of Chicago v. Cook
388	388	7 County, 12 Ill. 2d 40(1957).
389	389	8 A request for siting approval or a special use permit for a
390	390	9 commercial wind energy facility or a commercial solar energy
391	391	10 facility, or modification of an approved siting or special use
392	392	11 permit, shall be approved if the request is in compliance with
393	393	12 the standards and conditions imposed in this Act, the zoning
394	394	13 ordinance adopted consistent with this Code, and the
395	395	14 conditions imposed under State and federal statutes and
396	396	15 regulations, and if the approval would not be invalid
397	397	16 considering the following factors: .
398	398	17 (1) The uniformity with the existing uses and zoning
399	399	18 of nearby property.
400	400	19 (2) The extent to which property values are diminished
401	401	20 by the particular zoning restrictions.
402	402	21 (3) The extent to which the destruction of property
403	403	22 values promotes the health, safety, morals, or general
404	404	23 welfare of the public.
405	405	24 (4) The relative gain to the public as compared to the
406	406	25 hardship imposed on the individual property owner.
407	407	26 (5) The suitability of the property for the zoned
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418	418	1 purpose.
419	419	2 (6) The length of time the property has been vacant as
420	420	3 zoned considered in the context of land development in the
421	421	4 area.
422	422	5 (7) The care with which a community has planned its
423	423	6 land use development.
424	424	7 (8) The community need for the proposed use.
425	425	8 (g-5) A county may not approve a request for siting
426	426	9 approval or a special use permit for a commercial wind energy
427	427	10 facility or a commercial solar energy facility or modification
428	428	11 of an approved siting or special use permit, if the proposal
429	429	12 shall disturb more than one acre of land, unless the facility
430	430	13 owner has obtained a National Pollution Discharge Elimination
431	431	14 System ("NPDES") permit from the Illinois Environmental
432	432	15 Protection Agency.
433	433	16 (h) A county may not adopt zoning regulations that
434	434	17 disallow, permanently or temporarily, commercial wind energy
435	435	18 facilities or commercial solar energy facilities from being
436	436	19 developed or operated in any district zoned to allow
437	437	20 agricultural or industrial uses.
438	438	21 (h-5) A county may deny a request for a special use permit
439	439	22 for a commercial solar energy facility or commercial wind
440	440	23 energy facility in areas planned for residential development
441	441	24 by either a county comprehensive plan or a municipal
442	442	25 comprehensive plan.
443	443	26 (i) A county may not require permit application fees for a
444	444
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454	454	1 commercial wind energy facility or commercial solar energy
455	455	2 facility that are unreasonable. All application fees imposed
456	456	3 by the county shall be consistent with fees for projects in the
457	457	4 county with similar capital value and cost.
458	458	5 (j) A county may set forth standards for construction,
459	459	6 repair, decommissioning, or deconstruction of a commercial
460	460	7 wind energy facility or commercial solar energy facility
461	461	8 within its boundaries. Any Except as otherwise provided in
462	462	9 this Section, a county shall not require standards for
463	463	10 construction, repair, decommissioning, or deconstruction of a
464	464	11 commercial wind energy facility or commercial solar energy
465	465	12 facility imposed by a county must satisfy the minimum
466	466	13 standards set forth or related financial assurances that are
467	467	14 more restrictive than those included in the Department of
468	468	15 Agriculture's standard wind farm agricultural impact
469	469	16 mitigation agreement, template 81818, or standard solar
470	470	17 agricultural impact mitigation agreement, version 8.19.19, as
471	471	18 applicable and in effect on December 31, 2022, or the most
472	472	19 recent version of the mitigation agreements if any subsequent
473	473	20 version has been adopted after December 31, 2022. The amount
474	474	21 of any decommissioning payment shall be in accordance with the
475	475	22 financial assurance required by this Section those
476	476	23 agricultural impact mitigation agreements.
477	477	24 (j-5) Each A commercial wind energy facility or a
478	478	25 commercial solar energy facility shall require file a farmland
479	479	26 drainage plan approved by with the county and impacted
480	480
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490	490	1 drainage districts that outlines outlining how surface and
491	491	2 subsurface drainage of farmland will be restored during and
492	492	3 following construction or deconstruction of the facility. The
493	493	4 plan is to be created by an independent consultant, selected
494	494	5 by the county, and paid for independently by the facility
495	495	6 developer and shall include the location of any potentially
496	496	7 impacted drainage district facilities to the extent this
497	497	8 information is publicly available from the county or the
498	498	9 drainage district, plans to repair any subsurface drainage
499	499	10 affected during construction or deconstruction using
500	500	11 procedures outlined in the agricultural impact mitigation
501	501	12 agreement entered into by the commercial wind energy facility
502	502	13 owner or commercial solar energy facility owner, and
503	503	14 procedures for the repair and restoration of surface drainage
504	504	15 affected during construction or deconstruction. All surface
505	505	16 and subsurface damage shall be repaired as soon as reasonably
506	506	17 practicable. The county and impacted drainage districts shall
507	507	18 complete review of the farmland drainage plan within 60 days
508	508	19 after submission of the plan to the county. Upon completion of
509	509	20 review, the county and impacted drainage districts shall issue
510	510	21 a written determination to the facility developer either
511	511	22 approving the plan or specifically identifying the reason for
512	512	23 denial of the plan.
513	513	24 (j-10) In accordance with the Renewable Energy Facilities
514	514	25 Agricultural Impact Mitigation Act, a facility owner shall
515	515	26 provide the county in which a commercial solar energy facility
516	516
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526	526	1 or commercial wind energy facility to be located, a
527	527	2 deconstruction plan that has been prepared by a professional
528	528	3 engineer, as defined in Section 10 of the Renewable Energy
529	529	4 Facilities Agricultural Impact Mitigation Act, who has been
530	530	5 selected by the facility owner. The deconstruction plan shall
531	531	6 contain information that satisfies each of the components of
532	532	7 deconstruction as set forth in the definition of
533	533	8 "deconstruction" and "deconstruction plan" and in the
534	534	9 construction and deconstruction standards and policies of the
535	535	10 Department of Agriculture's standard wind farm agricultural
536	536	11 impact mitigation agreement, template 81818, or standard solar
537	537	12 agricultural impact mitigation agreement, version 8.19.19, as
538	538	13 applicable and in effect on December 31, 2022, or the most
539	539	14 recent version of the mitigation agreements if any subsequent
540	540	15 version has been adopted after December 31, 2022. The county
541	541	16 shall have its own professional engineer review the
542	542	17 deconstruction plan and either approve or reject the
543	543	18 deconstruction plan within 60 days after a complete submittal.
544	544	19 If the deconstruction plan is rejected, the county shall
545	545	20 provide a written statement of the specific reasons for
546	546	21 rejection. The facility owner may file a revised
547	547	22 deconstruction plan that addresses the specific reasons that
548	548	23 led to the rejection of the deconstruction plan. The county
549	549	24 shall review and act on any revised deconstruction plan within
550	550	25 30 days after it is resubmitted. The facility owner shall
551	551	26 reevaluate the estimated costs of deconstruction of any
552	552
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562	562	1 facility after the fifth anniversary, and every 5 years
563	563	2 thereafter, of the commercial operation date. The facility
564	564	3 owner shall file with the county on or before the end of the
565	565	4 fifth year of commercial operation, and then every fifth year
566	566	5 thereafter, for approval by the county, an updated
567	567	6 deconstruction plan prepared by a professional engineer who
568	568	7 has been selected by the county. Based on an initial
569	569	8 evaluation or reevaluation during the county approval process,
570	570	9 the county may require changes in the level of financial
571	571	10 assurance used to calculate the financial assurance level
572	572	11 described in this Section required from the facility owner. If
573	573	12 the county is unable to perform, to its satisfaction, the
574	574	13 investigations of the content of the deconstruction plan
575	575	14 necessary to approve the deconstruction plan filed by the
576	576	15 facility owner, then the county and facility may mutually
577	577	16 agree on the selection of a professional engineer independent
578	578	17 of the facility owner to conduct any necessary investigations
579	579	18 of the content of the deconstruction plan necessary to approve
580	580	19 the deconstruction plan. The facility owner shall be
581	581	20 responsible for the cost of the preparation of the
582	582	21 deconstruction plan by its professional engineer or any
583	583	22 independent professional engineer and the cost of any plan
584	584	23 reviews by the professional engineer selected by the county. A
585	585	24 commercial solar energy facility owner or commercial wind
586	586	25 energy facility owner shall provide the county with an
587	587	26 appropriate financial assurance mechanism consistent with the
588	588
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591	591
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598	598	1 financial requirements of this subsection, which shall be set
599	599	2 forth in the Department of Agriculture's standard wind farm
600	600	3 agricultural impact mitigation agreement, template 81818, or
601	601	4 standard solar agricultural impact mitigation agreement,
602	602	5 version 8.19.19, as applicable and in effect on December 31,
603	603	6 2022, or the most recent version of the mitigation agreements
604	604	7 if any subsequent version has been adopted after December 31,
605	605	8 2022. The financial assurance shall be sufficient to cover the
606	606	9 estimated costs of public safety or emergency repairs to the
607	607	10 facility if damage to the facility caused by natural disaster
608	608	11 or by operational malfunction, and the estimated costs of
609	609	12 repairs the deconstruction of the facility in the event of
610	610	13 abandonment of a commercial wind energy facility or
611	611	14 abandonment of a commercial solar energy facility, as defined
612	612	15 in Section 10 of the Renewable Energy Facilities Agricultural
613	613	16 Impact Mitigation Act. The facility owner shall provide the
614	614	17 county with the initial financial assurance to cover 100% of
615	615	18 the estimated deconstruction costs prior to the commercial
616	616	19 operation date. A county may use the financial assurance
617	617	20 provided by the facility owner to cover public safety or
618	618	21 emergency repairs that are not timely addressed by the
619	619	22 facility owner, as determined by the county's designated
620	620	23 representative. In the event that a county must use a portion
621	621	24 of the financial assurance to address any public safety or
622	622	25 emergency repairs or to deconstruct a portion of the facility,
623	623	26 the facility owner shall replenish the financial assurance for
624	624
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634	634	1 the amount used within 60 days after the expenditure of the
635	635	2 financial assurance consistent with the Department's standard
636	636	3 agricultural impact mitigation agreement. The purpose of the
637	637	4 financial assurance shall be for and to assure deconstruction
638	638	5 in the event of an abandonment of a commercial solar energy
639	639	6 facility or commercial wind energy facility or to cover the
640	640	7 estimated costs of public safety or emergency repairs to the
641	641	8 facility in the event of damage to the facility caused by
642	642	9 natural disaster or operational malfunction.
643	643	10 (k) A county may not condition approval of a commercial
644	644	11 wind energy facility or commercial solar energy facility on a
645	645	12 property value guarantee and may not require a facility owner
646	646	13 to pay into a neighboring property devaluation escrow account.
647	647	14 (l) A county may require certain vegetative screening
648	648	15 surrounding a commercial wind energy facility or commercial
649	649	16 solar energy facility but may not require earthen berms or
650	650	17 similar structures, except that a county may require earth
651	651	18 berms for ground-based commercial solar energy projects and
652	652	19 may adopt regulations governing the construction and
653	653	20 maintenance of such earth berms.
654	654	21 (m) A county may set blade tip height limitations for wind
655	655	22 towers in commercial wind energy facilities but may not set a
656	656	23 blade tip height limitation that is more restrictive than the
657	657	24 height allowed under a Determination of No Hazard to Air
658	658	25 Navigation by the Federal Aviation Administration under 14 CFR
659	659	26 Part 77.
660	660
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670	670	1 (n) A county may require that a commercial wind energy
671	671	2 facility owner or commercial solar energy facility owner
672	672	3 provide:
673	673	4 (1) the results and recommendations from consultation
674	674	5 with the Illinois Department of Natural Resources that are
675	675	6 obtained through the Ecological Compliance Assessment Tool
676	676	7 (EcoCAT) or a comparable successor tool; and
677	677	8 (2) the results of the United States Fish and Wildlife
678	678	9 Service's Information for Planning and Consulting
679	679	10 environmental review or a comparable successor tool that
680	680	11 is consistent with (i) the "U.S. Fish and Wildlife
681	681	12 Service's Land-Based Wind Energy Guidelines" and (ii) any
682	682	13 applicable United States Fish and Wildlife Service solar
683	683	14 wildlife guidelines that have been subject to public
684	684	15 review.
685	685	16 (o) A county may require a commercial wind energy facility
686	686	17 or commercial solar energy facility to adhere to the
687	687	18 recommendations provided by the Illinois Department of Natural
688	688	19 Resources in an EcoCAT natural resource review report under 17
689	689	20 Ill. Adm. Code Part 1075.
690	690	21 (p) A county may require a facility owner to:
691	691	22 (1) demonstrate avoidance of protected lands as
692	692	23 identified by the Illinois Department of Natural Resources
693	693	24 and the Illinois Nature Preserve Commission; or
694	694	25 (2) consider the recommendations of the Illinois
695	695	26 Department of Natural Resources for setbacks from
696	696
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698	698
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706	706	1 protected lands, including areas identified by the
707	707	2 Illinois Nature Preserve Commission.
708	708	3 (q) A county may require that a facility owner provide
709	709	4 evidence of consultation with the Illinois State Historic
710	710	5 Preservation Office to assess potential impacts on
711	711	6 State-registered historic sites under the Illinois State
712	712	7 Agency Historic Resources Preservation Act.
713	713	8 (r) To maximize community benefits, including, but not
714	714	9 limited to, reduced stormwater runoff, flooding, and erosion
715	715	10 at the ground mounted solar energy system, improved soil
716	716	11 health, and increased foraging habitat for game birds,
717	717	12 songbirds, and pollinators, a county may (1) require a
718	718	13 commercial solar energy facility owner to plant, establish,
719	719	14 and maintain for the life of the facility vegetative ground
720	720	15 cover, consistent with the goals of the Pollinator-Friendly
721	721	16 Solar Site Act and (2) require the submittal of a vegetation
722	722	17 management plan that is in compliance with the agricultural
723	723	18 impact mitigation agreement in the application to construct
724	724	19 and operate a commercial solar energy facility in the county
725	725	20 if the vegetative ground cover and vegetation management plan
726	726	21 comply with the requirements of the underlying agreement with
727	727	22 the landowner or landowners where the facility will be
728	728	23 constructed.
729	729	24 No later than 90 days after January 27, 2023 (the
730	730	25 effective date of Public Act 102-1123), the Illinois
731	731	26 Department of Natural Resources shall develop guidelines for
732	732
733	733
734	734
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742	742	1 vegetation management plans that may be required under this
743	743	2 subsection for commercial solar energy facilities. The
744	744	3 guidelines must include guidance for short-term and long-term
745	745	4 property management practices that provide and maintain native
746	746	5 and non-invasive naturalized perennial vegetation to protect
747	747	6 the health and well-being of pollinators.
748	748	7 (s) If a facility owner enters into a road use agreement
749	749	8 with the Illinois Department of Transportation, a road
750	750	9 district, or other unit of local government relating to a
751	751	10 commercial wind energy facility or a commercial solar energy
752	752	11 facility, the road use agreement shall require the facility
753	753	12 owner to be responsible for (i) the reasonable cost of
754	754	13 improving roads used by the facility owner to construct the
755	755	14 commercial wind energy facility or the commercial solar energy
756	756	15 facility and (ii) the reasonable cost of repairing roads used
757	757	16 by the facility owner during construction of the commercial
758	758	17 wind energy facility or the commercial solar energy facility
759	759	18 so that those roads are in a condition that is safe for the
760	760	19 driving public after the completion of the facility's
761	761	20 construction. Roadways improved in preparation for and during
762	762	21 the construction of the commercial wind energy facility or
763	763	22 commercial solar energy facility shall be repaired and
764	764	23 restored to the improved condition at the reasonable cost of
765	765	24 the developer if the roadways have degraded or were damaged as
766	766	25 a result of construction-related activities.
767	767	26 The road use agreement shall not require the facility
768	768
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778	778	1 owner to pay costs, fees, or charges for road work that is not
779	779	2 specifically and uniquely attributable to the construction of
780	780	3 the commercial wind energy facility or the commercial solar
781	781	4 energy facility. Road-related fees, permit fees, or other
782	782	5 charges imposed by the Illinois Department of Transportation,
783	783	6 a road district, or other unit of local government under a road
784	784	7 use agreement with the facility owner shall be reasonably
785	785	8 related to the cost of administration of the road use
786	786	9 agreement.
787	787	10 (s-5) The facility owner shall also compensate landowners
788	788	11 for crop losses or other agricultural damages resulting from
789	789	12 damage to the drainage system caused by the construction of
790	790	13 the commercial wind energy facility or the commercial solar
791	791	14 energy facility. The commercial wind energy facility owner or
792	792	15 commercial solar energy facility owner shall repair or pay for
793	793	16 the repair of all damage to the subsurface drainage system
794	794	17 caused by the construction of the commercial wind energy
795	795	18 facility or the commercial solar energy facility in accordance
796	796	19 with the agriculture impact mitigation agreement requirements
797	797	20 for repair of drainage. The commercial wind energy facility
798	798	21 owner or commercial solar energy facility owner shall repair
799	799	22 or pay for the repair and restoration of surface drainage
800	800	23 caused by the construction or deconstruction of the commercial
801	801	24 wind energy facility or the commercial solar energy facility
802	802	25 as soon as reasonably practicable.
803	803	26 (t) Notwithstanding any other provision of law, a facility
804	804
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814	814	1 owner with siting approval from a county to construct a
815	815	2 commercial wind energy facility or a commercial solar energy
816	816	3 facility is authorized to cross or impact a drainage system,
817	817	4 including, but not limited to, drainage tiles, open drainage
818	818	5 ditches, culverts, and water gathering vaults, owned or under
819	819	6 the control of a drainage district under the Illinois Drainage
820	820	7 Code, if the facility owner has obtained prior approval of a
821	821	8 farmland drainage plan approved by a county, the impacted
822	822	9 drainage districts, or both the county and the impacted
823	823	10 drainage district without obtaining prior agreement or
824	824	11 approval from the drainage district in accordance with the
825	825	12 farmland drainage plan required by subsection (j-5).
826	826	13 (u) The amendments to this Section adopted in Public Act
827	827	14 102-1123 do not apply to: (1) an application for siting
828	828	15 approval or for a special use permit for a commercial wind
829	829	16 energy facility or commercial solar energy facility if the
830	830	17 application was submitted to a unit of local government before
831	831	18 January 27, 2023 (the effective date of Public Act 102-1123);
832	832	19 (2) a commercial wind energy facility or a commercial solar
833	833	20 energy facility if the facility owner has submitted an
834	834	21 agricultural impact mitigation agreement to the Department of
835	835	22 Agriculture before January 27, 2023 (the effective date of
836	836	23 Public Act 102-1123); or (3) a commercial wind energy or
837	837	24 commercial solar energy development on property that is
838	838	25 located within an enterprise zone certified under the Illinois
839	839	26 Enterprise Zone Act, that was classified as industrial by the
840	840
841	841
842	842
843	843
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850	850	1 appropriate zoning authority on or before January 27, 2023,
851	851	2 and that is located within 4 miles of the intersection of
852	852	3 Interstate 88 and Interstate 39.
853	853	4 (Source: P.A. 102-1123, eff. 1-27-23; 103-81, eff. 6-9-23;
854	854	5 103-580, eff. 12-8-23; revised 7-29-24.)
855	855	6 Section 15. The Renewable Energy Facilities Agricultural
856	856	7 Impact Mitigation Act is amended by changing Sections 10 and
857	857	8 15 as follows:
858	858	9 (505 ILCS 147/10)
859	859	10 Sec. 10. Definitions. As used in this Act:
860	860	11 "Abandonment of a commercial wind energy facility" means
861	861	12 when deconstruction has not been completed within 18 months
862	862	13 after the commercial wind energy facility reaches the end of
863	863	14 its useful life. For purposes of this definition, a commercial
864	864	15 wind energy facility will be presumed to have reached the end
865	865	16 of its useful life if (1) no electricity is generated for a
866	866	17 continuous period of 12 months and (2) the commercial wind
867	867	18 energy facility owner fails, for a period of 6 consecutive
868	868	19 months, to pay the landowner amounts owed in accordance with
869	869	20 the underlying agreement.
870	870	21 "Abandonment of a commercial solar energy facility" means
871	871	22 when deconstruction has not been completed within 12 months
872	872	23 after the commercial solar energy facility reaches the end of
873	873	24 its useful life. For purposes of this definition, a commercial
874	874
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884	884	1 solar energy facility shall be presumed to have reached the
885	885	2 end of its useful life if the commercial solar energy facility
886	886	3 owner fails, for a period of 6 consecutive months, to pay the
887	887	4 landowner amounts owed in accordance with the underlying
888	888	5 agreement.
889	889	6 "Agricultural impact mitigation agreement" means an
890	890	7 agreement between the commercial wind energy facility owner or
891	891	8 the commercial solar energy facility owner and the Department
892	892	9 of Agriculture described in Section 15 of this Act.
893	893	10 "Commercial renewable energy facility" means a commercial
894	894	11 wind energy facility or commercial solar energy facility as
895	895	12 defined in this Act.
896	896	13 "Commercial solar energy facility" means a solar energy
897	897	14 conversion facility equal to or greater than 500 kilowatts in
898	898	15 total nameplate capacity, including a solar energy conversion
899	899	16 facility seeking an extension of a permit to construct granted
900	900	17 by a county or municipality before the effective date of this
901	901	18 amendatory Act of the 100th General Assembly. "Commercial
902	902	19 solar energy facility" does not include a solar energy
903	903	20 conversion facility: (1) for which a permit to construct has
904	904	21 been issued before the effective date of this amendatory Act
905	905	22 of the 100th General Assembly; (2) that is located on land
906	906	23 owned by the commercial solar energy facility owner; (3) that
907	907	24 was constructed before the effective date of this amendatory
908	908	25 Act of the 100th General Assembly; or (4) that is located on
909	909	26 the customer side of the customer's electric meter and is
910	910
911	911
912	912
913	913
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920	920	1 primarily used to offset that customer's electricity load and
921	921	2 is limited in nameplate capacity to less than or equal to 2,000
922	922	3 kilowatts.
923	923	4 "Commercial solar energy facility owner" means a private
924	924	5 commercial enterprise that owns a commercial solar energy
925	925	6 facility. A commercial solar energy facility owner is not nor
926	926	7 shall it be deemed to be a public utility as defined in the
927	927	8 Public Utilities Act.
928	928	9 "Commercial wind energy facility" means a wind energy
929	929	10 conversion facility of equal or greater than 500 kilowatts in
930	930	11 total nameplate generating capacity. "Commercial wind energy
931	931	12 facility" includes a wind energy conversion facility seeking
932	932	13 an extension of a permit to construct granted by a county or
933	933	14 municipality before the effective date of this Act.
934	934	15 "Commercial wind energy facility" does not include a wind
935	935	16 energy conversion facility: (1) that has submitted a complete
936	936	17 permit application to a county or municipality and for which
937	937	18 the hearing on the completed application has commenced on the
938	938	19 date provided in the public hearing notice, which must be
939	939	20 before the effective date of this Act; (2) for which a permit
940	940	21 to construct has been issued before the effective date of this
941	941	22 Act; or (3) that was constructed before the effective date of
942	942	23 this Act.
943	943	24 "Commercial wind energy facility owner" means a private
944	944	25 commercial enterprise that owns or operates a commercial wind
945	945	26 energy facility. A commercial wind energy facility owner is
946	946
947	947
948	948
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952	952
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956	956	1 not nor shall it be deemed to be a public utility as defined in
957	957	2 the Public Utilities Act.
958	958	3 "Construction" means the installation, preparation for
959	959	4 installation, or repair of a commercial renewable energy
960	960	5 facility.
961	961	6 "County" means the county where the commercial renewable
962	962	7 energy facility is located.
963	963	8 "Deconstruction" means the removal of a commercial
964	964	9 renewable energy facility from the property of a landowner and
965	965	10 the restoration of that property as provided in the
966	966	11 agricultural impact mitigation agreement.
967	967	12 "Department" means the Department of Agriculture.
968	968	13 "Financial assurance" means a reclamation or surety bond,
969	969	14 including both performance bond obligations and payment bond
970	970	15 obligations or an irrevocable letter of credit or other
971	971	16 commercially available financial assurance that is acceptable
972	972	17 to the county, with the county or landowner as beneficiary.
973	973	18 "Landowner" means any person (1) with an ownership
974	974	19 interest in property that is used for agricultural purposes
975	975	20 and (2) that is a party to an underlying agreement.
976	976	21 "Underlying agreement" means the written agreement with a
977	977	22 landowner, including, but not limited to, an easement, option,
978	978	23 lease, or license, under the terms of which another person has
979	979	24 constructed, constructs, or intends to construct a commercial
980	980	25 wind energy facility or commercial solar energy facility on
981	981	26 the property of the landowner.
982	982
983	983
984	984
985	985
986	986
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988	988
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992	992	1 (Source: P.A. 99-132, eff. 7-24-15; 100-598, eff. 6-29-18.)
993	993	2 (505 ILCS 147/15)
994	994	3 Sec. 15. Agricultural impact mitigation agreement.
995	995	4 (a) A commercial renewable energy facility owner of a
996	996	5 commercial wind energy facility or a commercial solar energy
997	997	6 facility that is located on landowner property shall enter
998	998	7 into an agricultural impact mitigation agreement with the
999	999	8 Department outlining construction and deconstruction standards
1000	1000	9 and policies designed to preserve the integrity of any
1001	1001	10 agricultural land that is impacted by commercial renewable
1002	1002	11 energy facility construction and deconstruction. The
1003	1003	12 construction and deconstruction of any commercial solar energy
1004	1004	13 facility shall be in conformance with the Department's
1005	1005	14 standard agricultural impact mitigation agreement referenced
1006	1006	15 in subsection (f) of this Section and any additional standards
1007	1007	16 set forth by the county in which the facility is to be located
1008	1008	17 in accordance with subsection (j) of Section 5-12020 of the
1009	1009	18 Counties Code. Except as provided in subsection (a-5) of this
1010	1010	19 Section, the terms and conditions of the Department's standard
1011	1011	20 agricultural impact mitigation agreement are subject to and
1012	1012	21 may be modified by an underlying agreement between the
1013	1013	22 landowner and the commercial solar energy facility owner.
1014	1014	23 (a-5) Prior to the commencement of construction, a
1015	1015	24 commercial renewable energy facility owner of a commercial
1016	1016	25 wind energy facility or a commercial solar energy facility
1017	1017
1018	1018
1019	1019
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1027	1027	1 owner shall submit to the county in which the commercial solar
1028	1028	2 facility is to be located a deconstruction plan that has been
1029	1029	3 prepared by a professional engineer, as defined in Section 10
1030	1030	4 of the Renewable Energy Facilities Agricultural Impact
1031	1031	5 Mitigation Act, who has been selected by the facility owner.
1032	1032	6 The deconstruction plan shall contain information that
1033	1033	7 satisfies each of the components of deconstruction as set
1034	1034	8 forth in the definition of "deconstruction" and
1035	1035	9 "deconstruction plan" and in the construction and
1036	1036	10 deconstruction standards and policies of the Department of
1037	1037	11 Agriculture's standard wind farm agricultural impact
1038	1038	12 mitigation agreement, template 81818, or standard solar
1039	1039	13 agricultural impact mitigation agreement, version 8.19.19, as
1040	1040	14 applicable and in effect on December 31, 2022, or the most
1041	1041	15 recent version of the mitigation agreements if any subsequent
1042	1042	16 version has been adopted after December 31, 2022. The county
1043	1043	17 shall have its own professional engineer review the
1044	1044	18 deconstruction plan and either approve or reject the
1045	1045	19 deconstruction plan within 60 days after a complete submittal.
1046	1046	20 If the deconstruction plan is rejected, the county shall
1047	1047	21 provide a written statement of the specific reasons for
1048	1048	22 rejection. The facility owner may file a revised
1049	1049	23 deconstruction plan that addresses the specific reasons that
1050	1050	24 led to the rejection of the deconstruction plan. The county
1051	1051	25 shall review and act on any revised deconstruction plan within
1052	1052	26 30 days after it is resubmitted. The facility owner shall
1053	1053
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1063	1063	1 reevaluate the estimated costs of deconstruction of any
1064	1064	2 facility after the fifth anniversary, and every 5 years
1065	1065	3 thereafter, of the commercial operation date. The facility
1066	1066	4 owner shall file with the county on or before the end of the
1067	1067	5 fifth year of commercial operation, and then every fifth year
1068	1068	6 thereafter, for approval by the county an updated
1069	1069	7 deconstruction plan prepared by a professional engineer who
1070	1070	8 has been selected by the county. Based on any initial
1071	1071	9 evaluation or reevaluation during the county approval process,
1072	1072	10 the county may require changes in the level of financial
1073	1073	11 assurance used to calculate the financial assurance level
1074	1074	12 described in this Section required from the facility owner. If
1075	1075	13 the county is unable to perform, to its satisfaction, the
1076	1076	14 investigations of the content of the deconstruction plan
1077	1077	15 necessary to approve the deconstruction plan filed by the
1078	1078	16 facility owner, then the county and facility may mutually
1079	1079	17 agree on the selection of a professional engineer independent
1080	1080	18 of the facility owner to conduct any necessary investigations
1081	1081	19 of the content of the deconstruction plan necessary to approve
1082	1082	20 the deconstruction plan. The facility owner shall be
1083	1083	21 responsible for the cost of the preparation of the
1084	1084	22 deconstruction plan by its professional engineer or any
1085	1085	23 independent professional engineer and the cost of any plan
1086	1086	24 reviews by the professional engineer selected by the county. A
1087	1087	25 commercial solar energy facility owner shall provide the
1088	1088	26 county with an appropriate financial assurance mechanism
1089	1089
1090	1090
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1095	1095
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1099	1099	1 consistent with the financial requirements set forth in this
1100	1100	2 subsection, which shall be set forth in the Department of
1101	1101	3 Agriculture's Department's standard wind farm agricultural
1102	1102	4 impact mitigation agreement, template 81818, or standard solar
1103	1103	5 agricultural impact mitigation agreement, version 8.19.19
1104	1104	6 applicable and in effect on December 31, 2022, or the most
1105	1105	7 recent version of the mitigation agreements if any subsequent
1106	1106	8 version have been adopted after December 31, 2022. The
1107	1107	9 financial assurance shall be sufficient to cover the estimated
1108	1108	10 costs of public safety or emergency repairs to the facility in
1109	1109	11 the event of damage to the facility caused by natural disaster
1110	1110	12 or by operational malfunction and the estimated costs of
1111	1111	13 repairs the deconstruction of the facility in the event of
1112	1112	14 abandonment of the facility, as defined in Section 10 of the
1113	1113	15 Renewable Energy Facilities Agricultural Impact Mitigation
1114	1114	16 Act. The facility owner shall provide the county with the
1115	1115	17 initial financial assurance to cover 100% of the estimated
1116	1116	18 deconstruction costs prior to the commercial operation date. A
1117	1117	19 county may use the financial assurance provided by the
1118	1118	20 facility owner to cover public safety or emergency repairs
1119	1119	21 that are not timely addressed by the facility owner, as
1120	1120	22 determined by the county's designated representative. In the
1121	1121	23 event that a county must use a portion of the financial
1122	1122	24 assurance to address any public safety or emergency repairs or
1123	1123	25 to deconstruct a portion of the facility. The facility owner
1124	1124	26 shall replenish the financial assurance for the amount used
1125	1125
1126	1126
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1135	1135	1 within 60 days after the expenditure of the financial
1136	1136	2 assurance. The purpose of the financial assurance shall be for
1137	1137	3 and to assure deconstruction in the event of an abandonment of
1138	1138	4 a commercial solar energy facility or commercial wind energy
1139	1139	5 facility or to cover the estimated costs of public safety or
1140	1140	6 emergency repairs to the facility in the event of damage to the
1141	1141	7 facility caused by natural disaster or by operational
1142	1142	8 malfunction.
1143	1143	9 (b) The agricultural impact mitigation agreement for a
1144	1144	10 commercial wind energy facility shall include, but is not
1145	1145	11 limited to, such items as restoration of agricultural land
1146	1146	12 affected by construction, deconstruction (including upon
1147	1147	13 abandonment of a commercial wind energy facility), public
1148	1148	14 safety or emergency repairs to the facility in the event of
1149	1149	15 damage to the facility caused by natural disaster or by
1150	1150	16 operational malfunction, construction staging, and storage
1151	1151	17 areas; support structures; aboveground facilities; guy wires
1152	1152	18 and anchors; underground cabling depth; topsoil replacement;
1153	1153	19 protection and repair of agricultural drainage tiles; rock
1154	1154	20 removal; repair of compaction and rutting; land leveling;
1155	1155	21 prevention of soil erosion; repair of damaged soil
1156	1156	22 conservation practices; compensation for damages to private
1157	1157	23 property; clearing of trees and brush; interference with
1158	1158	24 irrigation systems; access roads; weed control; pumping of
1159	1159	25 water from open excavations; advance notice of access to
1160	1160	26 private property; indemnification of landowners; and
1161	1161
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1171	1171	1 deconstruction plans and financial assurance for
1172	1172	2 deconstruction (including upon abandonment of a commercial
1173	1173	3 wind energy facility) and for public safety or emergency
1174	1174	4 repairs to the facility in the event of damage to the facility
1175	1175	5 caused by natural disaster or by operational malfunction.
1176	1176	6 (b-5) The agricultural impact mitigation agreement for a
1177	1177	7 commercial solar energy facility shall include, but is not
1178	1178	8 limited to, such items as restoration of agricultural land
1179	1179	9 affected by construction, deconstruction (including upon
1180	1180	10 abandonment of a commercial solar energy facility); to cover
1181	1181	11 the estimated costs of public safety or emergency repairs to
1182	1182	12 the facility in the event of damage to the facility caused by
1183	1183	13 natural disaster or by operational malfunction; support
1184	1184	14 structures; aboveground facilities; guy wires and anchors;
1185	1185	15 underground cabling depth; topsoil removal and replacement;
1186	1186	16 rerouting and permanent repair of agricultural drainage tiles;
1187	1187	17 rock removal; repair of compaction and rutting; construction
1188	1188	18 during wet weather; land leveling; prevention of soil erosion;
1189	1189	19 repair of damaged soil conservation practices; compensation
1190	1190	20 for damages to private property; clearing of trees and brush;
1191	1191	21 access roads; weed control; advance notice of access to
1192	1192	22 private property; indemnification of landowners; and
1193	1193	23 deconstruction plans and financial assurance for
1194	1194	24 deconstruction (including upon abandonment of a commercial
1195	1195	25 solar energy facility) and for public safety or emergency
1196	1196	26 repairs to the facility in the event of damage to the facility
1197	1197
1198	1198
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1207	1207	1 caused by natural disaster or by operational malfunction. The
1208	1208	2 commercial solar energy facility owner shall enter into one
1209	1209	3 agricultural impact mitigation agreement for each commercial
1210	1210	4 solar energy facility.
1211	1211	5 (c) For commercial wind energy facility owners seeking a
1212	1212	6 permit from a county or municipality for the construction of a
1213	1213	7 commercial wind energy facility, the agricultural impact
1214	1214	8 mitigation agreement shall be entered into prior to the public
1215	1215	9 hearing required prior to a siting decision of a county or
1216	1216	10 municipality regarding the commercial wind energy facility.
1217	1217	11 The agricultural impact mitigation agreement is binding on any
1218	1218	12 subsequent commercial wind energy facility owner that takes
1219	1219	13 ownership of the commercial wind energy facility that is the
1220	1220	14 subject of the agreement.
1221	1221	15 (c-5) A commercial solar energy facility owner shall, not
1222	1222	16 less than 45 days prior to commencement of actual
1223	1223	17 construction, submit to the Department a standard agricultural
1224	1224	18 impact mitigation agreement as referenced in subsection (f) of
1225	1225	19 this Section signed by the commercial solar energy facility
1226	1226	20 owner and including all information required by the
1227	1227	21 Department. The commercial solar energy facility owner shall
1228	1228	22 provide either a copy of that submitted agreement or a copy of
1229	1229	23 the fully executed project-specific agricultural impact
1230	1230	24 mitigation agreement to the landowner not less than 30 days
1231	1231	25 prior to the commencement of construction. The agricultural
1232	1232	26 impact mitigation agreement is binding on any subsequent
1233	1233
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1243	1243	1 commercial solar energy facility owner that takes ownership of
1244	1244	2 the commercial solar energy facility that is the subject of
1245	1245	3 the agreement.
1246	1246	4 (d) If a commercial renewable energy facility owner seeks
1247	1247	5 an extension of a permit granted by a county or municipality
1248	1248	6 for the construction of a commercial wind energy facility
1249	1249	7 prior to the effective date of this Act, the agricultural
1250	1250	8 impact mitigation agreement shall be entered into prior to a
1251	1251	9 decision by the county or municipality to grant the permit
1252	1252	10 extension.
1253	1253	11 (e) The Department may adopt rules that are necessary and
1254	1254	12 appropriate for the implementation and administration of
1255	1255	13 agricultural impact mitigation agreements as required under
1256	1256	14 this Act.
1257	1257	15 (f) The Department shall make available on its website a
1258	1258	16 standard agricultural impact mitigation agreement applicable
1259	1259	17 to all commercial solar energy facilities within 60 days after
1260	1260	18 the effective date of this amendatory Act of the 100th General
1261	1261	19 Assembly. The standard agricultural impact mitigation
1262	1262	20 agreements shall be amended as needed to conform with the
1263	1263	21 financial assurance procedures and requirements under
1264	1264	22 subsection (j-10) of Section 5-12020 of the Counties Code.
1265	1265	23 (g) Nothing in this amendatory Act of the 100th General
1266	1266	24 Assembly and nothing in an agricultural impact mitigation
1267	1267	25 agreement shall be construed to apply to or otherwise impair
1268	1268	26 an underlying agreement for a commercial solar energy facility
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