Illinois 2025-2026 Regular Session

Illinois Senate Bill SB0038 Compare Versions

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

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1	1	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB0038 Introduced 1/13/2025, by Sen. Sally J. Turner SYNOPSIS AS INTRODUCED: 55 ILCS 5/5-12020 Amends the Counties Code. In provisions about commercial wind energy facilities and commercial solar energy facilities, removes changes made by Public Act 102-1123. Provides that any provision of a county zoning ordinance pertaining to wind farms, commercial wind energy facilities, or commercial solar energy facilities that was in effect before January 27, 2023 may continue in effect notwithstanding any changes made in Public Act 102-1123 and, if applicable, any provision of a county zoning ordinance pertaining to wind farms that was in effect before August 16, 2007 may continue in effect notwithstanding the changes made in Public Act 95-203. LRB104 03674 RTM 13698 b A BILL FOR 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB0038 Introduced 1/13/2025, by Sen. Sally J. Turner SYNOPSIS AS INTRODUCED: 55 ILCS 5/5-12020 55 ILCS 5/5-12020 Amends the Counties Code. In provisions about commercial wind energy facilities and commercial solar energy facilities, removes changes made by Public Act 102-1123. Provides that any provision of a county zoning ordinance pertaining to wind farms, commercial wind energy facilities, or commercial solar energy facilities that was in effect before January 27, 2023 may continue in effect notwithstanding any changes made in Public Act 102-1123 and, if applicable, any provision of a county zoning ordinance pertaining to wind farms that was in effect before August 16, 2007 may continue in effect notwithstanding the changes made in Public Act 95-203. LRB104 03674 RTM 13698 b LRB104 03674 RTM 13698 b A BILL FOR
2	2	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB0038 Introduced 1/13/2025, by Sen. Sally J. Turner 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. In provisions about commercial wind energy facilities and commercial solar energy facilities, removes changes made by Public Act 102-1123. Provides that any provision of a county zoning ordinance pertaining to wind farms, commercial wind energy facilities, or commercial solar energy facilities that was in effect before January 27, 2023 may continue in effect notwithstanding any changes made in Public Act 102-1123 and, if applicable, any provision of a county zoning ordinance pertaining to wind farms that was in effect before August 16, 2007 may continue in effect notwithstanding the changes made in Public Act 95-203.
6	6	LRB104 03674 RTM 13698 b LRB104 03674 RTM 13698 b
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8	8	A BILL FOR
9	9	SB0038LRB104 03674 RTM 13698 b SB0038 LRB104 03674 RTM 13698 b
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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. Wind farms, electric-generating wind
18	18	8 devices, and commercial Commercial wind energy facilities and
19	19	9 commercial solar energy facilities.
20	20	10 (a) As used in this Section:
21	21	11 "Commercial solar energy facility" means a "commercial
22	22	12 solar energy system" as defined in Section 10-720 of the
23	23	13 Property Tax Code. "Commercial solar energy facility" does not
24	24	14 mean a utility-scale solar energy facility being constructed
25	25	15 at a site that was eligible to participate in a procurement
26	26	16 event conducted by the Illinois Power Agency pursuant to
27	27	17 subsection (c-5) of Section 1-75 of the Illinois Power Agency
28	28	18 Act.
29	29	19 "Commercial wind energy facility" means a wind energy
30	30	20 conversion facility of equal or greater than 500 kilowatts in
31	31	21 total nameplate generating capacity. "Commercial wind energy
32	32	22 facility" includes a wind energy conversion facility seeking
33	33	23 an extension of a permit to construct granted by a county or
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37	37	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB0038 Introduced 1/13/2025, by Sen. Sally J. Turner 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. In provisions about commercial wind energy facilities and commercial solar energy facilities, removes changes made by Public Act 102-1123. Provides that any provision of a county zoning ordinance pertaining to wind farms, commercial wind energy facilities, or commercial solar energy facilities that was in effect before January 27, 2023 may continue in effect notwithstanding any changes made in Public Act 102-1123 and, if applicable, any provision of a county zoning ordinance pertaining to wind farms that was in effect before August 16, 2007 may continue in effect notwithstanding the changes made in Public Act 95-203.
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43	43	A BILL FOR
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68	68	1 municipality before January 27, 2023 (the effective date of
69	69	2 Public Act 102-1123).
70	70	3 "Facility owner" means (i) a person with a direct
71	71	4 ownership interest in a commercial wind energy facility or a
72	72	5 commercial solar energy facility, or both, regardless of
73	73	6 whether the person is involved in acquiring the necessary
74	74	7 rights, permits, and approvals or otherwise planning for the
75	75	8 construction and operation of the facility, and (ii) at the
76	76	9 time the facility is being developed, a person who is acting as
77	77	10 a developer of the facility by acquiring the necessary rights,
78	78	11 permits, and approvals or by planning for the construction and
79	79	12 operation of the facility, regardless of whether the person
80	80	13 will own or operate the facility.
81	81	14 "Nonparticipating property" means real property that is
82	82	15 not a participating property.
83	83	16 "Nonparticipating residence" means a residence that is
84	84	17 located on nonparticipating property and that is existing and
85	85	18 occupied on the date that an application for a permit to
86	86	19 develop the commercial wind energy facility or the commercial
87	87	20 solar energy facility is filed with the county.
88	88	21 "Occupied community building" means any one or more of the
89	89	22 following buildings that is existing and occupied on the date
90	90	23 that the application for a permit to develop the commercial
91	91	24 wind energy facility or the commercial solar energy facility
92	92	25 is filed with the county: a school, place of worship, day care
93	93	26 facility, public library, or community center.
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104	104	1 "Participating property" means real property that is the
105	105	2 subject of a written agreement between a facility owner and
106	106	3 the owner of the real property that provides the facility
107	107	4 owner an easement, option, lease, or license to use the real
108	108	5 property for the purpose of constructing a commercial wind
109	109	6 energy facility, a commercial solar energy facility, or
110	110	7 supporting facilities. "Participating property" also includes
111	111	8 real property that is owned by a facility owner for the purpose
112	112	9 of constructing a commercial wind energy facility, a
113	113	10 commercial solar energy facility, or supporting facilities.
114	114	11 "Participating residence" means a residence that is
115	115	12 located on participating property and that is existing and
116	116	13 occupied on the date that an application for a permit to
117	117	14 develop the commercial wind energy facility or the commercial
118	118	15 solar energy facility is filed with the county.
119	119	16 "Protected lands" means real property that is:
120	120	17 (1) subject to a permanent conservation right
121	121	18 consistent with the Real Property Conservation Rights Act;
122	122	19 or
123	123	20 (2) registered or designated as a nature preserve,
124	124	21 buffer, or land and water reserve under the Illinois
125	125	22 Natural Areas Preservation Act.
126	126	23 "Supporting facilities" means the transmission lines,
127	127	24 substations, access roads, meteorological towers, storage
128	128	25 containers, and equipment associated with the generation and
129	129	26 storage of electricity by the commercial wind energy facility
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140	140	1 or commercial solar energy facility.
141	141	2 "Wind tower" includes the wind turbine tower, nacelle, and
142	142	3 blades.
143	143	4 (b) Notwithstanding any other provision of law or whether
144	144	5 the county has formed a zoning commission and adopted formal
145	145	6 zoning under Section 5-12007, a county may establish standards
146	146	7 for wind farms and electric-generating wind devices commercial
147	147	8 wind energy facilities, commercial solar energy facilities, or
148	148	9 both. The standards may include, without limitation, the
149	149	10 height of the devices and the number of devices that may be
150	150	11 located within a geographic area all of the requirements
151	151	12 specified in this Section but may not include requirements for
152	152	13 commercial wind energy facilities or commercial solar energy
153	153	14 facilities that are more restrictive than specified in this
154	154	15 Section. A county may also regulate the siting of wind farms
155	155	16 and electric-generating wind devices commercial wind energy
156	156	17 facilities with standards that are not more restrictive than
157	157	18 the requirements specified in this Section in unincorporated
158	158	19 areas of the county that are outside of the zoning
159	159	20 jurisdiction of a municipality and that are outside the
160	160	21 1.5-mile radius surrounding the zoning jurisdiction of a
161	161	22 municipality.
162	162	23 There shall be (c) If a county has elected to establish
163	163	24 standards under subsection (b), before the county grants
164	164	25 siting approval or a special use permit for a commercial wind
165	165	26 energy facility or a commercial solar energy facility, or
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176	176	1 modification of an approved siting or special use permit, the
177	177	2 county board of the county in which the facility is to be sited
178	178	3 or the zoning board of appeals for the county shall hold at
179	179	4 least one public hearing. The public hearing shall be
180	180	5 conducted in accordance with the Open Meetings Act and shall
181	181	6 be held not more than 60 days after the filing of the
182	182	7 application for the facility. The county shall allow
183	183	8 interested parties to a special use permit an opportunity to
184	184	9 present evidence and to cross-examine witnesses at the
185	185	10 hearing, but the county may impose reasonable restrictions on
186	186	11 the public hearing, including reasonable time limitations on
187	187	12 the presentation of evidence and the cross-examination of
188	188	13 witnesses. The county shall also allow public comment at the
189	189	14 public hearing in accordance with the Open Meetings Act. The
190	190	15 county shall make its siting and permitting decisions not more
191	191	16 than 30 days prior to a siting decision by the county board
192	192	17 after the conclusion of the public hearing. Notice of the
193	193	18 hearing shall be published in a newspaper of general
194	194	19 circulation in the county. A commercial wind energy facility
195	195	20 owner, as defined in the Renewable Energy Facilities
196	196	21 Agricultural Impact Mitigation Act, must enter into an
197	197	22 agricultural impact mitigation agreement with the Department
198	198	23 of Agriculture prior to the date of the required public
199	199	24 hearing. A commercial wind energy facility owner seeking an
200	200	25 extension of a permit granted by a county prior to July 24,
201	201	26 2015 (the effective date of Public Act 99-132) must enter into
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212	212	1 an agricultural impact mitigation agreement with the
213	213	2 Department of Agriculture prior to a decision by the county to
214	214	3 grant the permit extension. Counties may allow test wind
215	215	4 towers or test solar energy systems to be sited without formal
216	216	5 approval by the county board. Any provision of a county zoning
217	217	6 ordinance pertaining to wind farms, commercial wind energy
218	218	7 facilities, or commercial solar energy facilities that was in
219	219	8 effect before January 27, 2023 may continue in effect
220	220	9 notwithstanding any changes made in Public Act 102-1123 and,
221	221	10 if applicable, any provision of a county zoning ordinance
222	222	11 pertaining to wind farms that was in effect before August 16,
223	223	12 2007 may continue in effect notwithstanding the changes made
224	224	13 in Public Act 95-203.
225	225	14 (d) A county with an existing zoning ordinance in conflict
226	226	15 with this Section shall amend that zoning ordinance to be in
227	227	16 compliance with this Section within 120 days after January 27,
228	228	17 2023 (the effective date of Public Act 102-1123).
229	229	18 (e) A county may not require a wind tower or other
230	230	19 renewable energy system that is used exclusively by an end
231	231	20 user to be setback more than 1.1 times the height of the
232	232	21 renewable energy system from the end user's property line. :
233	233	22 Only a county may establish standards for wind farms,
234	234	23 electric-generating wind devices, and commercial wind energy
235	235	24 facilities, as that term is defined in Section 10 of the
236	236	25 Renewable Energy Facilities Agricultural Impact Mitigation
237	237	26 Act, in unincorporated areas of the county outside of the
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248	248	1 zoning jurisdiction of a municipality and outside the 1.5-mile
249	249	2 radius surrounding the zoning jurisdiction of a municipality.
250	250	3 (1) a wind tower of a commercial wind energy facility
251	251	4 to be sited as follows, with setback distances measured
252	252	5 from the center of the base of the wind tower:
253	253	6 Setback Description Setback Distance
254	254	7 Occupied Community 2.1 times the maximum blade tip
255	255	8 Buildings height of the wind tower to the
256	256	9 nearest point on the outside
257	257	10 wall of the structure
258	258	11 Participating Residences 1.1 times the maximum blade tip
259	259	12 height of the wind tower to the
260	260	13 nearest point on the outside
261	261	14 wall of the structure
262	262	15 Nonparticipating Residences 2.1 times the maximum blade tip
263	263	16 height of the wind tower to the
264	264	17 nearest point on the outside
265	265	18 wall of the structure
266	266	19 Boundary Lines of None
267	267	20 Participating Property
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278	278	1 Boundary Lines of 1.1 times the maximum blade tip
279	279	2 Nonparticipating Property height of the wind tower to the
280	280	3 nearest point on the property
281	281	4 line of the nonparticipating
282	282	5 property
283	283	6 Public Road Rights-of-Way 1.1 times the maximum blade tip
284	284	7 height of the wind tower
285	285	8 to the center point of the
286	286	9 public road right-of-way
287	287	10 Overhead Communication and 1.1 times the maximum blade tip
288	288	11 Electric Transmission height of the wind tower to the
289	289	12 and Distribution Facilities nearest edge of the property
290	290	13 (Not Including Overhead line, easement, or
291	291	14 Utility Service Lines to right-of-way
292	292	15 Individual Houses or containing the overhead line
293	293	16 Outbuildings)
294	294	17 Overhead Utility Service None
295	295	18 Lines to Individual
296	296	19 Houses or Outbuildings
297	297	20 Fish and Wildlife Areas 2.1 times the maximum blade
298	298	21 and Illinois Nature tip height of the wind tower
299	299	22 Preserve Commission to the nearest point on the
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310	310	1 Protected Lands property line of the fish and
311	311	2 wildlife area or protected
312	312	3 land
313	313	4 This Section does not exempt or excuse compliance with
314	314	5 electric facility clearances approved or required by the
315	315	6 National Electrical Code, The National Electrical Safety
316	316	7 Code, Illinois Commerce Commission, Federal Energy
317	317	8 Regulatory Commission, and their designees or successors.
318	318	9 (2) a wind tower of a commercial wind energy facility
319	319	10 to be sited so that industry standard computer modeling
320	320	11 indicates that any occupied community building or
321	321	12 nonparticipating residence will not experience more than
322	322	13 30 hours per year of shadow flicker under planned
323	323	14 operating conditions;
324	324	15 (3) a commercial solar energy facility to be sited as
325	325	16 follows, with setback distances measured from the nearest
326	326	17 edge of any component of the facility:
327	327	18 Setback Description Setback Distance
328	328	19 Occupied Community 150 feet from the nearest
329	329	20 Buildings and Dwellings on point on the outside wall
330	330	21 Nonparticipating Properties of the structure
331	331	22 Boundary Lines of None
332	332	23 Participating Property
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343	343	1 Public Road Rights-of-Way 50 feet from the nearest
344	344	2 edge
345	345	3 Boundary Lines of 50 feet to the nearest
346	346	4 Nonparticipating Property point on the property
347	347	5 line of the nonparticipating
348	348	6 property
349	349	7 (4) a commercial solar energy facility to be sited so
350	350	8 that the facility's perimeter is enclosed by fencing
351	351	9 having a height of at least 6 feet and no more than 25
352	352	10 feet; and
353	353	11 (5) a commercial solar energy facility to be sited so
354	354	12 that no component of a solar panel has a height of more
355	355	13 than 20 feet above ground when the solar energy facility's
356	356	14 arrays are at full tilt.
357	357	15 The requirements set forth in this subsection (e) may be
358	358	16 waived subject to the written consent of the owner of each
359	359	17 affected nonparticipating property.
360	360	18 (f) A county may not set a sound limitation for wind towers
361	361	19 in commercial wind energy facilities or any components in
362	362	20 commercial solar energy facilities that is more restrictive
363	363	21 than the sound limitations established by the Illinois
364	364	22 Pollution Control Board under 35 Ill. Adm. Code Parts 900,
365	365	23 901, and 910.
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376	376	1 (g) A county may not place any restriction on the
377	377	2 installation or use of a commercial wind energy facility or a
378	378	3 commercial solar energy facility unless it adopts an ordinance
379	379	4 that complies with this Section. A county may not establish
380	380	5 siting standards for supporting facilities that preclude
381	381	6 development of commercial wind energy facilities or commercial
382	382	7 solar energy facilities.
383	383	8 A request for siting approval or a special use permit for a
384	384	9 commercial wind energy facility or a commercial solar energy
385	385	10 facility, or modification of an approved siting or special use
386	386	11 permit, shall be approved if the request is in compliance with
387	387	12 the standards and conditions imposed in this Act, the zoning
388	388	13 ordinance adopted consistent with this Code, and the
389	389	14 conditions imposed under State and federal statutes and
390	390	15 regulations.
391	391	16 (h) A county may not adopt zoning regulations that
392	392	17 disallow, permanently or temporarily, commercial wind energy
393	393	18 facilities or commercial solar energy facilities from being
394	394	19 developed or operated in any district zoned to allow
395	395	20 agricultural or industrial uses.
396	396	21 (i) A county may not require permit application fees for a
397	397	22 commercial wind energy facility or commercial solar energy
398	398	23 facility that are unreasonable. All application fees imposed
399	399	24 by the county shall be consistent with fees for projects in the
400	400	25 county with similar capital value and cost.
401	401	26 (j) Except as otherwise provided in this Section, a county
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412	412	1 shall not require standards for construction, decommissioning,
413	413	2 or deconstruction of a commercial wind energy facility or
414	414	3 commercial solar energy facility or related financial
415	415	4 assurances that are more restrictive than those included in
416	416	5 the Department of Agriculture's standard wind farm
417	417	6 agricultural impact mitigation agreement, template 81818, or
418	418	7 standard solar agricultural impact mitigation agreement,
419	419	8 version 8.19.19, as applicable and in effect on December 31,
420	420	9 2022. The amount of any decommissioning payment shall be in
421	421	10 accordance with the financial assurance required by those
422	422	11 agricultural impact mitigation agreements.
423	423	12 (j-5) A commercial wind energy facility or a commercial
424	424	13 solar energy facility shall file a farmland drainage plan with
425	425	14 the county and impacted drainage districts outlining how
426	426	15 surface and subsurface drainage of farmland will be restored
427	427	16 during and following construction or deconstruction of the
428	428	17 facility. The plan is to be created independently by the
429	429	18 facility developer and shall include the location of any
430	430	19 potentially impacted drainage district facilities to the
431	431	20 extent this information is publicly available from the county
432	432	21 or the drainage district, plans to repair any subsurface
433	433	22 drainage affected during construction or deconstruction using
434	434	23 procedures outlined in the agricultural impact mitigation
435	435	24 agreement entered into by the commercial wind energy facility
436	436	25 owner or commercial solar energy facility owner, and
437	437	26 procedures for the repair and restoration of surface drainage
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448	448	1 affected during construction or deconstruction. All surface
449	449	2 and subsurface damage shall be repaired as soon as reasonably
450	450	3 practicable.
451	451	4 (k) A county may not condition approval of a commercial
452	452	5 wind energy facility or commercial solar energy facility on a
453	453	6 property value guarantee and may not require a facility owner
454	454	7 to pay into a neighboring property devaluation escrow account.
455	455	8 (l) A county may require certain vegetative screening
456	456	9 surrounding a commercial wind energy facility or commercial
457	457	10 solar energy facility but may not require earthen berms or
458	458	11 similar structures.
459	459	12 (m) A county may set blade tip height limitations for wind
460	460	13 towers in commercial wind energy facilities but may not set a
461	461	14 blade tip height limitation that is more restrictive than the
462	462	15 height allowed under a Determination of No Hazard to Air
463	463	16 Navigation by the Federal Aviation Administration under 14 CFR
464	464	17 Part 77.
465	465	18 (n) A county may require that a commercial wind energy
466	466	19 facility owner or commercial solar energy facility owner
467	467	20 provide:
468	468	21 (1) the results and recommendations from consultation
469	469	22 with the Illinois Department of Natural Resources that are
470	470	23 obtained through the Ecological Compliance Assessment Tool
471	471	24 (EcoCAT) or a comparable successor tool; and
472	472	25 (2) the results of the United States Fish and Wildlife
473	473	26 Service's Information for Planning and Consulting
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484	484	1 environmental review or a comparable successor tool that
485	485	2 is consistent with (i) the "U.S. Fish and Wildlife
486	486	3 Service's Land-Based Wind Energy Guidelines" and (ii) any
487	487	4 applicable United States Fish and Wildlife Service solar
488	488	5 wildlife guidelines that have been subject to public
489	489	6 review.
490	490	7 (o) A county may require a commercial wind energy facility
491	491	8 or commercial solar energy facility to adhere to the
492	492	9 recommendations provided by the Illinois Department of Natural
493	493	10 Resources in an EcoCAT natural resource review report under 17
494	494	11 Ill. Adm. Code Part 1075.
495	495	12 (p) A county may require a facility owner to:
496	496	13 (1) demonstrate avoidance of protected lands as
497	497	14 identified by the Illinois Department of Natural Resources
498	498	15 and the Illinois Nature Preserve Commission; or
499	499	16 (2) consider the recommendations of the Illinois
500	500	17 Department of Natural Resources for setbacks from
501	501	18 protected lands, including areas identified by the
502	502	19 Illinois Nature Preserve Commission.
503	503	20 (q) A county may require that a facility owner provide
504	504	21 evidence of consultation with the Illinois State Historic
505	505	22 Preservation Office to assess potential impacts on
506	506	23 State-registered historic sites under the Illinois State
507	507	24 Agency Historic Resources Preservation Act.
508	508	25 (r) To maximize community benefits, including, but not
509	509	26 limited to, reduced stormwater runoff, flooding, and erosion
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520	520	1 at the ground mounted solar energy system, improved soil
521	521	2 health, and increased foraging habitat for game birds,
522	522	3 songbirds, and pollinators, a county may (1) require a
523	523	4 commercial solar energy facility owner to plant, establish,
524	524	5 and maintain for the life of the facility vegetative ground
525	525	6 cover, consistent with the goals of the Pollinator-Friendly
526	526	7 Solar Site Act and (2) require the submittal of a vegetation
527	527	8 management plan that is in compliance with the agricultural
528	528	9 impact mitigation agreement in the application to construct
529	529	10 and operate a commercial solar energy facility in the county
530	530	11 if the vegetative ground cover and vegetation management plan
531	531	12 comply with the requirements of the underlying agreement with
532	532	13 the landowner or landowners where the facility will be
533	533	14 constructed.
534	534	15 No later than 90 days after January 27, 2023 (the
535	535	16 effective date of Public Act 102-1123), the Illinois
536	536	17 Department of Natural Resources shall develop guidelines for
537	537	18 vegetation management plans that may be required under this
538	538	19 subsection for commercial solar energy facilities. The
539	539	20 guidelines must include guidance for short-term and long-term
540	540	21 property management practices that provide and maintain native
541	541	22 and non-invasive naturalized perennial vegetation to protect
542	542	23 the health and well-being of pollinators.
543	543	24 (s) If a facility owner enters into a road use agreement
544	544	25 with the Illinois Department of Transportation, a road
545	545	26 district, or other unit of local government relating to a
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556	556	1 commercial wind energy facility or a commercial solar energy
557	557	2 facility, the road use agreement shall require the facility
558	558	3 owner to be responsible for (i) the reasonable cost of
559	559	4 improving roads used by the facility owner to construct the
560	560	5 commercial wind energy facility or the commercial solar energy
561	561	6 facility and (ii) the reasonable cost of repairing roads used
562	562	7 by the facility owner during construction of the commercial
563	563	8 wind energy facility or the commercial solar energy facility
564	564	9 so that those roads are in a condition that is safe for the
565	565	10 driving public after the completion of the facility's
566	566	11 construction. Roadways improved in preparation for and during
567	567	12 the construction of the commercial wind energy facility or
568	568	13 commercial solar energy facility shall be repaired and
569	569	14 restored to the improved condition at the reasonable cost of
570	570	15 the developer if the roadways have degraded or were damaged as
571	571	16 a result of construction-related activities.
572	572	17 The road use agreement shall not require the facility
573	573	18 owner to pay costs, fees, or charges for road work that is not
574	574	19 specifically and uniquely attributable to the construction of
575	575	20 the commercial wind energy facility or the commercial solar
576	576	21 energy facility. Road-related fees, permit fees, or other
577	577	22 charges imposed by the Illinois Department of Transportation,
578	578	23 a road district, or other unit of local government under a road
579	579	24 use agreement with the facility owner shall be reasonably
580	580	25 related to the cost of administration of the road use
581	581	26 agreement.
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592	592	1 (s-5) The facility owner shall also compensate landowners
593	593	2 for crop losses or other agricultural damages resulting from
594	594	3 damage to the drainage system caused by the construction of
595	595	4 the commercial wind energy facility or the commercial solar
596	596	5 energy facility. The commercial wind energy facility owner or
597	597	6 commercial solar energy facility owner shall repair or pay for
598	598	7 the repair of all damage to the subsurface drainage system
599	599	8 caused by the construction of the commercial wind energy
600	600	9 facility or the commercial solar energy facility in accordance
601	601	10 with the agriculture impact mitigation agreement requirements
602	602	11 for repair of drainage. The commercial wind energy facility
603	603	12 owner or commercial solar energy facility owner shall repair
604	604	13 or pay for the repair and restoration of surface drainage
605	605	14 caused by the construction or deconstruction of the commercial
606	606	15 wind energy facility or the commercial solar energy facility
607	607	16 as soon as reasonably practicable.
608	608	17 (t) Notwithstanding any other provision of law, a facility
609	609	18 owner with siting approval from a county to construct a
610	610	19 commercial wind energy facility or a commercial solar energy
611	611	20 facility is authorized to cross or impact a drainage system,
612	612	21 including, but not limited to, drainage tiles, open drainage
613	613	22 ditches, culverts, and water gathering vaults, owned or under
614	614	23 the control of a drainage district under the Illinois Drainage
615	615	24 Code without obtaining prior agreement or approval from the
616	616	25 drainage district in accordance with the farmland drainage
617	617	26 plan required by subsection (j-5).
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