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
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
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.
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A BILL FOR
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1 AN ACT concerning local government.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Counties Code is amended by changing
5 Section 5-12020 as follows:
6 (55 ILCS 5/5-12020)
7 Sec. 5-12020. Wind farms, electric-generating wind
8 devices, and commercial Commercial wind energy facilities and
9 commercial solar energy facilities.
10 (a) As used in this Section:
11 "Commercial solar energy facility" means a "commercial
12 solar energy system" as defined in Section 10-720 of the
13 Property Tax Code. "Commercial solar energy facility" does not
14 mean a utility-scale solar energy facility being constructed
15 at a site that was eligible to participate in a procurement
16 event conducted by the Illinois Power Agency pursuant to
17 subsection (c-5) of Section 1-75 of the Illinois Power Agency
18 Act.
19 "Commercial wind energy facility" means a wind energy
20 conversion facility of equal or greater than 500 kilowatts in
21 total nameplate generating capacity. "Commercial wind energy
22 facility" includes a wind energy conversion facility seeking
23 an extension of a permit to construct granted by a county or
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
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.
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A BILL FOR
55 ILCS 5/5-12020
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1 municipality before January 27, 2023 (the effective date of
2 Public Act 102-1123).
3 "Facility owner" means (i) a person with a direct
4 ownership interest in a commercial wind energy facility or a
5 commercial solar energy facility, or both, regardless of
6 whether the person is involved in acquiring the necessary
7 rights, permits, and approvals or otherwise planning for the
8 construction and operation of the facility, and (ii) at the
9 time the facility is being developed, a person who is acting as
10 a developer of the facility by acquiring the necessary rights,
11 permits, and approvals or by planning for the construction and
12 operation of the facility, regardless of whether the person
13 will own or operate the facility.
14 "Nonparticipating property" means real property that is
15 not a participating property.
16 "Nonparticipating residence" means a residence that is
17 located on nonparticipating property and that is existing and
18 occupied on the date that an application for a permit to
19 develop the commercial wind energy facility or the commercial
20 solar energy facility is filed with the county.
21 "Occupied community building" means any one or more of the
22 following buildings that is existing and occupied on the date
23 that the application for a permit to develop the commercial
24 wind energy facility or the commercial solar energy facility
25 is filed with the county: a school, place of worship, day care
26 facility, public library, or community center.
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1 "Participating property" means real property that is the
2 subject of a written agreement between a facility owner and
3 the owner of the real property that provides the facility
4 owner an easement, option, lease, or license to use the real
5 property for the purpose of constructing a commercial wind
6 energy facility, a commercial solar energy facility, or
7 supporting facilities. "Participating property" also includes
8 real property that is owned by a facility owner for the purpose
9 of constructing a commercial wind energy facility, a
10 commercial solar energy facility, or supporting facilities.
11 "Participating residence" means a residence that is
12 located on participating property and that is existing and
13 occupied on the date that an application for a permit to
14 develop the commercial wind energy facility or the commercial
15 solar energy facility is filed with the county.
16 "Protected lands" means real property that is:
17 (1) subject to a permanent conservation right
18 consistent with the Real Property Conservation Rights Act;
19 or
20 (2) registered or designated as a nature preserve,
21 buffer, or land and water reserve under the Illinois
22 Natural Areas Preservation Act.
23 "Supporting facilities" means the transmission lines,
24 substations, access roads, meteorological towers, storage
25 containers, and equipment associated with the generation and
26 storage of electricity by the commercial wind energy facility
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1 or commercial solar energy facility.
2 "Wind tower" includes the wind turbine tower, nacelle, and
3 blades.
4 (b) Notwithstanding any other provision of law or whether
5 the county has formed a zoning commission and adopted formal
6 zoning under Section 5-12007, a county may establish standards
7 for wind farms and electric-generating wind devices commercial
8 wind energy facilities, commercial solar energy facilities, or
9 both. The standards may include, without limitation, the
10 height of the devices and the number of devices that may be
11 located within a geographic area all of the requirements
12 specified in this Section but may not include requirements for
13 commercial wind energy facilities or commercial solar energy
14 facilities that are more restrictive than specified in this
15 Section. A county may also regulate the siting of wind farms
16 and electric-generating wind devices commercial wind energy
17 facilities with standards that are not more restrictive than
18 the requirements specified in this Section in unincorporated
19 areas of the county that are outside of the zoning
20 jurisdiction of a municipality and that are outside the
21 1.5-mile radius surrounding the zoning jurisdiction of a
22 municipality.
23 There shall be (c) If a county has elected to establish
24 standards under subsection (b), before the county grants
25 siting approval or a special use permit for a commercial wind
26 energy facility or a commercial solar energy facility, or
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1 modification of an approved siting or special use permit, the
2 county board of the county in which the facility is to be sited
3 or the zoning board of appeals for the county shall hold at
4 least one public hearing. The public hearing shall be
5 conducted in accordance with the Open Meetings Act and shall
6 be held not more than 60 days after the filing of the
7 application for the facility. The county shall allow
8 interested parties to a special use permit an opportunity to
9 present evidence and to cross-examine witnesses at the
10 hearing, but the county may impose reasonable restrictions on
11 the public hearing, including reasonable time limitations on
12 the presentation of evidence and the cross-examination of
13 witnesses. The county shall also allow public comment at the
14 public hearing in accordance with the Open Meetings Act. The
15 county shall make its siting and permitting decisions not more
16 than 30 days prior to a siting decision by the county board
17 after the conclusion of the public hearing. Notice of the
18 hearing shall be published in a newspaper of general
19 circulation in the county. A commercial wind energy facility
20 owner, as defined in the Renewable Energy Facilities
21 Agricultural Impact Mitigation Act, must enter into an
22 agricultural impact mitigation agreement with the Department
23 of Agriculture prior to the date of the required public
24 hearing. A commercial wind energy facility owner seeking an
25 extension of a permit granted by a county prior to July 24,
26 2015 (the effective date of Public Act 99-132) must enter into
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1 an agricultural impact mitigation agreement with the
2 Department of Agriculture prior to a decision by the county to
3 grant the permit extension. Counties may allow test wind
4 towers or test solar energy systems to be sited without formal
5 approval by the county board. Any provision of a county zoning
6 ordinance pertaining to wind farms, commercial wind energy
7 facilities, or commercial solar energy facilities that was in
8 effect before January 27, 2023 may continue in effect
9 notwithstanding any changes made in Public Act 102-1123 and,
10 if applicable, any provision of a county zoning ordinance
11 pertaining to wind farms that was in effect before August 16,
12 2007 may continue in effect notwithstanding the changes made
13 in Public Act 95-203.
14 (d) A county with an existing zoning ordinance in conflict
15 with this Section shall amend that zoning ordinance to be in
16 compliance with this Section within 120 days after January 27,
17 2023 (the effective date of Public Act 102-1123).
18 (e) A county may not require a wind tower or other
19 renewable energy system that is used exclusively by an end
20 user to be setback more than 1.1 times the height of the
21 renewable energy system from the end user's property line. :
22 Only a county may establish standards for wind farms,
23 electric-generating wind devices, and commercial wind energy
24 facilities, as that term is defined in Section 10 of the
25 Renewable Energy Facilities Agricultural Impact Mitigation
26 Act, in unincorporated areas of the county outside of the
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1 zoning jurisdiction of a municipality and outside the 1.5-mile
2 radius surrounding the zoning jurisdiction of a municipality.
3 (1) a wind tower of a commercial wind energy facility
4 to be sited as follows, with setback distances measured
5 from the center of the base of the wind tower:
6 Setback Description Setback Distance
7 Occupied Community 2.1 times the maximum blade tip
8 Buildings height of the wind tower to the
9 nearest point on the outside
10 wall of the structure
11 Participating Residences 1.1 times the maximum blade tip
12 height of the wind tower to the
13 nearest point on the outside
14 wall of the structure
15 Nonparticipating Residences 2.1 times the maximum blade tip
16 height of the wind tower to the
17 nearest point on the outside
18 wall of the structure
19 Boundary Lines of None
20 Participating Property
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1 Boundary Lines of 1.1 times the maximum blade tip
2 Nonparticipating Property height of the wind tower to the
3 nearest point on the property
4 line of the nonparticipating
5 property
6 Public Road Rights-of-Way 1.1 times the maximum blade tip
7 height of the wind tower
8 to the center point of the
9 public road right-of-way
10 Overhead Communication and 1.1 times the maximum blade tip
11 Electric Transmission height of the wind tower to the
12 and Distribution Facilities nearest edge of the property
13 (Not Including Overhead line, easement, or
14 Utility Service Lines to right-of-way
15 Individual Houses or containing the overhead line
16 Outbuildings)
17 Overhead Utility Service None
18 Lines to Individual
19 Houses or Outbuildings
20 Fish and Wildlife Areas 2.1 times the maximum blade
21 and Illinois Nature tip height of the wind tower
22 Preserve Commission to the nearest point on the
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1 Protected Lands property line of the fish and
2 wildlife area or protected
3 land
4 This Section does not exempt or excuse compliance with
5 electric facility clearances approved or required by the
6 National Electrical Code, The National Electrical Safety
7 Code, Illinois Commerce Commission, Federal Energy
8 Regulatory Commission, and their designees or successors.
9 (2) a wind tower of a commercial wind energy facility
10 to be sited so that industry standard computer modeling
11 indicates that any occupied community building or
12 nonparticipating residence will not experience more than
13 30 hours per year of shadow flicker under planned
14 operating conditions;
15 (3) a commercial solar energy facility to be sited as
16 follows, with setback distances measured from the nearest
17 edge of any component of the facility:
18 Setback Description Setback Distance
19 Occupied Community 150 feet from the nearest
20 Buildings and Dwellings on point on the outside wall
21 Nonparticipating Properties of the structure
22 Boundary Lines of None
23 Participating Property
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1 Public Road Rights-of-Way 50 feet from the nearest
2 edge
3 Boundary Lines of 50 feet to the nearest
4 Nonparticipating Property point on the property
5 line of the nonparticipating
6 property
7 (4) a commercial solar energy facility to be sited so
8 that the facility's perimeter is enclosed by fencing
9 having a height of at least 6 feet and no more than 25
10 feet; and
11 (5) a commercial solar energy facility to be sited so
12 that no component of a solar panel has a height of more
13 than 20 feet above ground when the solar energy facility's
14 arrays are at full tilt.
15 The requirements set forth in this subsection (e) may be
16 waived subject to the written consent of the owner of each
17 affected nonparticipating property.
18 (f) A county may not set a sound limitation for wind towers
19 in commercial wind energy facilities or any components in
20 commercial solar energy facilities that is more restrictive
21 than the sound limitations established by the Illinois
22 Pollution Control Board under 35 Ill. Adm. Code Parts 900,
23 901, and 910.
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1 (g) A county may not place any restriction on the
2 installation or use of a commercial wind energy facility or a
3 commercial solar energy facility unless it adopts an ordinance
4 that complies with this Section. A county may not establish
5 siting standards for supporting facilities that preclude
6 development of commercial wind energy facilities or commercial
7 solar energy facilities.
8 A request for siting approval or a special use permit for a
9 commercial wind energy facility or a commercial solar energy
10 facility, or modification of an approved siting or special use
11 permit, shall be approved if the request is in compliance with
12 the standards and conditions imposed in this Act, the zoning
13 ordinance adopted consistent with this Code, and the
14 conditions imposed under State and federal statutes and
15 regulations.
16 (h) A county may not adopt zoning regulations that
17 disallow, permanently or temporarily, commercial wind energy
18 facilities or commercial solar energy facilities from being
19 developed or operated in any district zoned to allow
20 agricultural or industrial uses.
21 (i) A county may not require permit application fees for a
22 commercial wind energy facility or commercial solar energy
23 facility that are unreasonable. All application fees imposed
24 by the county shall be consistent with fees for projects in the
25 county with similar capital value and cost.
26 (j) Except as otherwise provided in this Section, a county
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1 shall not require standards for construction, decommissioning,
2 or deconstruction of a commercial wind energy facility or
3 commercial solar energy facility or related financial
4 assurances that are more restrictive than those included in
5 the Department of Agriculture's standard wind farm
6 agricultural impact mitigation agreement, template 81818, or
7 standard solar agricultural impact mitigation agreement,
8 version 8.19.19, as applicable and in effect on December 31,
9 2022. The amount of any decommissioning payment shall be in
10 accordance with the financial assurance required by those
11 agricultural impact mitigation agreements.
12 (j-5) A commercial wind energy facility or a commercial
13 solar energy facility shall file a farmland drainage plan with
14 the county and impacted drainage districts outlining how
15 surface and subsurface drainage of farmland will be restored
16 during and following construction or deconstruction of the
17 facility. The plan is to be created independently by the
18 facility developer and shall include the location of any
19 potentially impacted drainage district facilities to the
20 extent this information is publicly available from the county
21 or the drainage district, plans to repair any subsurface
22 drainage affected during construction or deconstruction using
23 procedures outlined in the agricultural impact mitigation
24 agreement entered into by the commercial wind energy facility
25 owner or commercial solar energy facility owner, and
26 procedures for the repair and restoration of surface drainage
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1 affected during construction or deconstruction. All surface
2 and subsurface damage shall be repaired as soon as reasonably
3 practicable.
4 (k) A county may not condition approval of a commercial
5 wind energy facility or commercial solar energy facility on a
6 property value guarantee and may not require a facility owner
7 to pay into a neighboring property devaluation escrow account.
8 (l) A county may require certain vegetative screening
9 surrounding a commercial wind energy facility or commercial
10 solar energy facility but may not require earthen berms or
11 similar structures.
12 (m) A county may set blade tip height limitations for wind
13 towers in commercial wind energy facilities but may not set a
14 blade tip height limitation that is more restrictive than the
15 height allowed under a Determination of No Hazard to Air
16 Navigation by the Federal Aviation Administration under 14 CFR
17 Part 77.
18 (n) A county may require that a commercial wind energy
19 facility owner or commercial solar energy facility owner
20 provide:
21 (1) the results and recommendations from consultation
22 with the Illinois Department of Natural Resources that are
23 obtained through the Ecological Compliance Assessment Tool
24 (EcoCAT) or a comparable successor tool; and
25 (2) the results of the United States Fish and Wildlife
26 Service's Information for Planning and Consulting
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1 environmental review or a comparable successor tool that
2 is consistent with (i) the "U.S. Fish and Wildlife
3 Service's Land-Based Wind Energy Guidelines" and (ii) any
4 applicable United States Fish and Wildlife Service solar
5 wildlife guidelines that have been subject to public
6 review.
7 (o) A county may require a commercial wind energy facility
8 or commercial solar energy facility to adhere to the
9 recommendations provided by the Illinois Department of Natural
10 Resources in an EcoCAT natural resource review report under 17
11 Ill. Adm. Code Part 1075.
12 (p) A county may require a facility owner to:
13 (1) demonstrate avoidance of protected lands as
14 identified by the Illinois Department of Natural Resources
15 and the Illinois Nature Preserve Commission; or
16 (2) consider the recommendations of the Illinois
17 Department of Natural Resources for setbacks from
18 protected lands, including areas identified by the
19 Illinois Nature Preserve Commission.
20 (q) A county may require that a facility owner provide
21 evidence of consultation with the Illinois State Historic
22 Preservation Office to assess potential impacts on
23 State-registered historic sites under the Illinois State
24 Agency Historic Resources Preservation Act.
25 (r) To maximize community benefits, including, but not
26 limited to, reduced stormwater runoff, flooding, and erosion
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1 at the ground mounted solar energy system, improved soil
2 health, and increased foraging habitat for game birds,
3 songbirds, and pollinators, a county may (1) require a
4 commercial solar energy facility owner to plant, establish,
5 and maintain for the life of the facility vegetative ground
6 cover, consistent with the goals of the Pollinator-Friendly
7 Solar Site Act and (2) require the submittal of a vegetation
8 management plan that is in compliance with the agricultural
9 impact mitigation agreement in the application to construct
10 and operate a commercial solar energy facility in the county
11 if the vegetative ground cover and vegetation management plan
12 comply with the requirements of the underlying agreement with
13 the landowner or landowners where the facility will be
14 constructed.
15 No later than 90 days after January 27, 2023 (the
16 effective date of Public Act 102-1123), the Illinois
17 Department of Natural Resources shall develop guidelines for
18 vegetation management plans that may be required under this
19 subsection for commercial solar energy facilities. The
20 guidelines must include guidance for short-term and long-term
21 property management practices that provide and maintain native
22 and non-invasive naturalized perennial vegetation to protect
23 the health and well-being of pollinators.
24 (s) If a facility owner enters into a road use agreement
25 with the Illinois Department of Transportation, a road
26 district, or other unit of local government relating to a
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1 commercial wind energy facility or a commercial solar energy
2 facility, the road use agreement shall require the facility
3 owner to be responsible for (i) the reasonable cost of
4 improving roads used by the facility owner to construct the
5 commercial wind energy facility or the commercial solar energy
6 facility and (ii) the reasonable cost of repairing roads used
7 by the facility owner during construction of the commercial
8 wind energy facility or the commercial solar energy facility
9 so that those roads are in a condition that is safe for the
10 driving public after the completion of the facility's
11 construction. Roadways improved in preparation for and during
12 the construction of the commercial wind energy facility or
13 commercial solar energy facility shall be repaired and
14 restored to the improved condition at the reasonable cost of
15 the developer if the roadways have degraded or were damaged as
16 a result of construction-related activities.
17 The road use agreement shall not require the facility
18 owner to pay costs, fees, or charges for road work that is not
19 specifically and uniquely attributable to the construction of
20 the commercial wind energy facility or the commercial solar
21 energy facility. Road-related fees, permit fees, or other
22 charges imposed by the Illinois Department of Transportation,
23 a road district, or other unit of local government under a road
24 use agreement with the facility owner shall be reasonably
25 related to the cost of administration of the road use
26 agreement.
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1 (s-5) The facility owner shall also compensate landowners
2 for crop losses or other agricultural damages resulting from
3 damage to the drainage system caused by the construction of
4 the commercial wind energy facility or the commercial solar
5 energy facility. The commercial wind energy facility owner or
6 commercial solar energy facility owner shall repair or pay for
7 the repair of all damage to the subsurface drainage system
8 caused by the construction of the commercial wind energy
9 facility or the commercial solar energy facility in accordance
10 with the agriculture impact mitigation agreement requirements
11 for repair of drainage. The commercial wind energy facility
12 owner or commercial solar energy facility owner shall repair
13 or pay for the repair and restoration of surface drainage
14 caused by the construction or deconstruction of the commercial
15 wind energy facility or the commercial solar energy facility
16 as soon as reasonably practicable.
17 (t) Notwithstanding any other provision of law, a facility
18 owner with siting approval from a county to construct a
19 commercial wind energy facility or a commercial solar energy
20 facility is authorized to cross or impact a drainage system,
21 including, but not limited to, drainage tiles, open drainage
22 ditches, culverts, and water gathering vaults, owned or under
23 the control of a drainage district under the Illinois Drainage
24 Code without obtaining prior agreement or approval from the
25 drainage district in accordance with the farmland drainage
26 plan required by subsection (j-5).
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