Illinois 2025-2026 Regular Session

Illinois Senate Bill SB1365 Compare Versions

Only one version of the bill is available at this time.
OldNewDifferences
11 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB1365 Introduced 1/28/2025, by Sen. Sally J. Turner SYNOPSIS AS INTRODUCED: 55 ILCS 5/5-12020 Amends the Counties Code. Provides that the owner of a commercial wind energy facility or commercial solar energy facility must compensate landowners if the facility adversely affects the flow of water within the landowner's land, including, but not limited to, by affecting a drainage tile. LRB104 10489 RTM 20564 b A BILL FOR 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB1365 Introduced 1/28/2025, by Sen. Sally J. Turner SYNOPSIS AS INTRODUCED: 55 ILCS 5/5-12020 55 ILCS 5/5-12020 Amends the Counties Code. Provides that the owner of a commercial wind energy facility or commercial solar energy facility must compensate landowners if the facility adversely affects the flow of water within the landowner's land, including, but not limited to, by affecting a drainage tile. LRB104 10489 RTM 20564 b LRB104 10489 RTM 20564 b A BILL FOR
22 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB1365 Introduced 1/28/2025, by Sen. Sally J. Turner SYNOPSIS AS INTRODUCED:
33 55 ILCS 5/5-12020 55 ILCS 5/5-12020
44 55 ILCS 5/5-12020
55 Amends the Counties Code. Provides that the owner of a commercial wind energy facility or commercial solar energy facility must compensate landowners if the facility adversely affects the flow of water within the landowner's land, including, but not limited to, by affecting a drainage tile.
66 LRB104 10489 RTM 20564 b LRB104 10489 RTM 20564 b
77 LRB104 10489 RTM 20564 b
88 A BILL FOR
99 SB1365LRB104 10489 RTM 20564 b SB1365 LRB104 10489 RTM 20564 b
1010 SB1365 LRB104 10489 RTM 20564 b
1111 1 AN ACT concerning local government.
1212 2 Be it enacted by the People of the State of Illinois,
1313 3 represented in the General Assembly:
1414 4 Section 5. The Counties Code is amended by changing
1515 5 Section 5-12020 as follows:
1616 6 (55 ILCS 5/5-12020)
1717 7 Sec. 5-12020. Commercial wind energy facilities and
1818 8 commercial solar energy facilities.
1919 9 (a) As used in this Section:
2020 10 "Commercial solar energy facility" means a "commercial
2121 11 solar energy system" as defined in Section 10-720 of the
2222 12 Property Tax Code. "Commercial solar energy facility" does not
2323 13 mean a utility-scale solar energy facility being constructed
2424 14 at a site that was eligible to participate in a procurement
2525 15 event conducted by the Illinois Power Agency pursuant to
2626 16 subsection (c-5) of Section 1-75 of the Illinois Power Agency
2727 17 Act.
2828 18 "Commercial wind energy facility" means a wind energy
2929 19 conversion facility of equal or greater than 500 kilowatts in
3030 20 total nameplate generating capacity. "Commercial wind energy
3131 21 facility" includes a wind energy conversion facility seeking
3232 22 an extension of a permit to construct granted by a county or
3333 23 municipality before January 27, 2023 (the effective date of
3434
3535
3636
3737 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB1365 Introduced 1/28/2025, by Sen. Sally J. Turner SYNOPSIS AS INTRODUCED:
3838 55 ILCS 5/5-12020 55 ILCS 5/5-12020
3939 55 ILCS 5/5-12020
4040 Amends the Counties Code. Provides that the owner of a commercial wind energy facility or commercial solar energy facility must compensate landowners if the facility adversely affects the flow of water within the landowner's land, including, but not limited to, by affecting a drainage tile.
4141 LRB104 10489 RTM 20564 b LRB104 10489 RTM 20564 b
4242 LRB104 10489 RTM 20564 b
4343 A BILL FOR
4444
4545
4646
4747
4848
4949 55 ILCS 5/5-12020
5050
5151
5252
5353 LRB104 10489 RTM 20564 b
5454
5555
5656
5757
5858
5959
6060
6161
6262
6363 SB1365 LRB104 10489 RTM 20564 b
6464
6565
6666 SB1365- 2 -LRB104 10489 RTM 20564 b SB1365 - 2 - LRB104 10489 RTM 20564 b
6767 SB1365 - 2 - LRB104 10489 RTM 20564 b
6868 1 Public Act 102-1123).
6969 2 "Facility owner" means (i) a person with a direct
7070 3 ownership interest in a commercial wind energy facility or a
7171 4 commercial solar energy facility, or both, regardless of
7272 5 whether the person is involved in acquiring the necessary
7373 6 rights, permits, and approvals or otherwise planning for the
7474 7 construction and operation of the facility, and (ii) at the
7575 8 time the facility is being developed, a person who is acting as
7676 9 a developer of the facility by acquiring the necessary rights,
7777 10 permits, and approvals or by planning for the construction and
7878 11 operation of the facility, regardless of whether the person
7979 12 will own or operate the facility.
8080 13 "Nonparticipating property" means real property that is
8181 14 not a participating property.
8282 15 "Nonparticipating residence" means a residence that is
8383 16 located on nonparticipating property and that is existing and
8484 17 occupied on the date that an application for a permit to
8585 18 develop the commercial wind energy facility or the commercial
8686 19 solar energy facility is filed with the county.
8787 20 "Occupied community building" means any one or more of the
8888 21 following buildings that is existing and occupied on the date
8989 22 that the application for a permit to develop the commercial
9090 23 wind energy facility or the commercial solar energy facility
9191 24 is filed with the county: a school, place of worship, day care
9292 25 facility, public library, or community center.
9393 26 "Participating property" means real property that is the
9494
9595
9696
9797
9898
9999 SB1365 - 2 - LRB104 10489 RTM 20564 b
100100
101101
102102 SB1365- 3 -LRB104 10489 RTM 20564 b SB1365 - 3 - LRB104 10489 RTM 20564 b
103103 SB1365 - 3 - LRB104 10489 RTM 20564 b
104104 1 subject of a written agreement between a facility owner and
105105 2 the owner of the real property that provides the facility
106106 3 owner an easement, option, lease, or license to use the real
107107 4 property for the purpose of constructing a commercial wind
108108 5 energy facility, a commercial solar energy facility, or
109109 6 supporting facilities. "Participating property" also includes
110110 7 real property that is owned by a facility owner for the purpose
111111 8 of constructing a commercial wind energy facility, a
112112 9 commercial solar energy facility, or supporting facilities.
113113 10 "Participating residence" means a residence that is
114114 11 located on participating property and that is existing and
115115 12 occupied on the date that an application for a permit to
116116 13 develop the commercial wind energy facility or the commercial
117117 14 solar energy facility is filed with the county.
118118 15 "Protected lands" means real property that is:
119119 16 (1) subject to a permanent conservation right
120120 17 consistent with the Real Property Conservation Rights Act;
121121 18 or
122122 19 (2) registered or designated as a nature preserve,
123123 20 buffer, or land and water reserve under the Illinois
124124 21 Natural Areas Preservation Act.
125125 22 "Supporting facilities" means the transmission lines,
126126 23 substations, access roads, meteorological towers, storage
127127 24 containers, and equipment associated with the generation and
128128 25 storage of electricity by the commercial wind energy facility
129129 26 or commercial solar energy facility.
130130
131131
132132
133133
134134
135135 SB1365 - 3 - LRB104 10489 RTM 20564 b
136136
137137
138138 SB1365- 4 -LRB104 10489 RTM 20564 b SB1365 - 4 - LRB104 10489 RTM 20564 b
139139 SB1365 - 4 - LRB104 10489 RTM 20564 b
140140 1 "Wind tower" includes the wind turbine tower, nacelle, and
141141 2 blades.
142142 3 (b) Notwithstanding any other provision of law or whether
143143 4 the county has formed a zoning commission and adopted formal
144144 5 zoning under Section 5-12007, a county may establish standards
145145 6 for commercial wind energy facilities, commercial solar energy
146146 7 facilities, or both. The standards may include all of the
147147 8 requirements specified in this Section but may not include
148148 9 requirements for commercial wind energy facilities or
149149 10 commercial solar energy facilities that are more restrictive
150150 11 than specified in this Section. A county may also regulate the
151151 12 siting of commercial wind energy facilities with standards
152152 13 that are not more restrictive than the requirements specified
153153 14 in this Section in unincorporated areas of the county that are
154154 15 outside the zoning jurisdiction of a municipality and that are
155155 16 outside the 1.5-mile radius surrounding the zoning
156156 17 jurisdiction of a municipality.
157157 18 (c) If a county has elected to establish standards under
158158 19 subsection (b), before the county grants siting approval or a
159159 20 special use permit for a commercial wind energy facility or a
160160 21 commercial solar energy facility, or modification of an
161161 22 approved siting or special use permit, the county board of the
162162 23 county in which the facility is to be sited or the zoning board
163163 24 of appeals for the county shall hold at least one public
164164 25 hearing. The public hearing shall be conducted in accordance
165165 26 with the Open Meetings Act and shall be held not more than 60
166166
167167
168168
169169
170170
171171 SB1365 - 4 - LRB104 10489 RTM 20564 b
172172
173173
174174 SB1365- 5 -LRB104 10489 RTM 20564 b SB1365 - 5 - LRB104 10489 RTM 20564 b
175175 SB1365 - 5 - LRB104 10489 RTM 20564 b
176176 1 days after the filing of the application for the facility. The
177177 2 county shall allow interested parties to a special use permit
178178 3 an opportunity to present evidence and to cross-examine
179179 4 witnesses at the hearing, but the county may impose reasonable
180180 5 restrictions on the public hearing, including reasonable time
181181 6 limitations on the presentation of evidence and the
182182 7 cross-examination of witnesses. The county shall also allow
183183 8 public comment at the public hearing in accordance with the
184184 9 Open Meetings Act. The county shall make its siting and
185185 10 permitting decisions not more than 30 days after the
186186 11 conclusion of the public hearing. Notice of the hearing shall
187187 12 be published in a newspaper of general circulation in the
188188 13 county. A facility owner must enter into an agricultural
189189 14 impact mitigation agreement with the Department of Agriculture
190190 15 prior to the date of the required public hearing. A commercial
191191 16 wind energy facility owner seeking an extension of a permit
192192 17 granted by a county prior to July 24, 2015 (the effective date
193193 18 of Public Act 99-132) must enter into an agricultural impact
194194 19 mitigation agreement with the Department of Agriculture prior
195195 20 to a decision by the county to grant the permit extension.
196196 21 Counties may allow test wind towers or test solar energy
197197 22 systems to be sited without formal approval by the county
198198 23 board.
199199 24 (d) A county with an existing zoning ordinance in conflict
200200 25 with this Section shall amend that zoning ordinance to be in
201201 26 compliance with this Section within 120 days after January 27,
202202
203203
204204
205205
206206
207207 SB1365 - 5 - LRB104 10489 RTM 20564 b
208208
209209
210210 SB1365- 6 -LRB104 10489 RTM 20564 b SB1365 - 6 - LRB104 10489 RTM 20564 b
211211 SB1365 - 6 - LRB104 10489 RTM 20564 b
212212 1 2023 (the effective date of Public Act 102-1123).
213213 2 (e) A county may require:
214214 3 (1) a wind tower of a commercial wind energy facility
215215 4 to be sited as follows, with setback distances measured
216216 5 from the center of the base of the wind tower:
217217 6 Setback Description Setback Distance
218218 7 Occupied Community 2.1 times the maximum blade tip
219219 8 Buildings height of the wind tower to the
220220 9 nearest point on the outside
221221 10 wall of the structure
222222 11 Participating Residences 1.1 times the maximum blade tip
223223 12 height of the wind tower to the
224224 13 nearest point on the outside
225225 14 wall of the structure
226226 15 Nonparticipating Residences 2.1 times the maximum blade tip
227227 16 height of the wind tower to the
228228 17 nearest point on the outside
229229 18 wall of the structure
230230 19 Boundary Lines of None
231231 20 Participating Property
232232
233233
234234
235235
236236
237237 SB1365 - 6 - LRB104 10489 RTM 20564 b
238238
239239
240240 SB1365- 7 -LRB104 10489 RTM 20564 b SB1365 - 7 - LRB104 10489 RTM 20564 b
241241 SB1365 - 7 - LRB104 10489 RTM 20564 b
242242 1 Boundary Lines of 1.1 times the maximum blade tip
243243 2 Nonparticipating Property height of the wind tower to the
244244 3 nearest point on the property
245245 4 line of the nonparticipating
246246 5 property
247247 6 Public Road Rights-of-Way 1.1 times the maximum blade tip
248248 7 height of the wind tower
249249 8 to the center point of the
250250 9 public road right-of-way
251251 10 Overhead Communication and 1.1 times the maximum blade tip
252252 11 Electric Transmission height of the wind tower to the
253253 12 and Distribution Facilities nearest edge of the property
254254 13 (Not Including Overhead line, easement, or
255255 14 Utility Service Lines to right-of-way
256256 15 Individual Houses or containing the overhead line
257257 16 Outbuildings)
258258 17 Overhead Utility Service None
259259 18 Lines to Individual
260260 19 Houses or Outbuildings
261261 20 Fish and Wildlife Areas 2.1 times the maximum blade
262262 21 and Illinois Nature tip height of the wind tower
263263 22 Preserve Commission to the nearest point on the
264264
265265
266266
267267
268268
269269 SB1365 - 7 - LRB104 10489 RTM 20564 b
270270
271271
272272 SB1365- 8 -LRB104 10489 RTM 20564 b SB1365 - 8 - LRB104 10489 RTM 20564 b
273273 SB1365 - 8 - LRB104 10489 RTM 20564 b
274274 1 Protected Lands property line of the fish and
275275 2 wildlife area or protected
276276 3 land
277277 4 This Section does not exempt or excuse compliance with
278278 5 electric facility clearances approved or required by the
279279 6 National Electrical Code, the The National Electrical
280280 7 Safety Code, the Illinois Commerce Commission, and the
281281 8 Federal Energy Regulatory Commission, and their designees
282282 9 or successors; .
283283 10 (2) a wind tower of a commercial wind energy facility
284284 11 to be sited so that industry standard computer modeling
285285 12 indicates that any occupied community building or
286286 13 nonparticipating residence will not experience more than
287287 14 30 hours per year of shadow flicker under planned
288288 15 operating conditions;
289289 16 (3) a commercial solar energy facility to be sited as
290290 17 follows, with setback distances measured from the nearest
291291 18 edge of any component of the facility:
292292 19 Setback Description Setback Distance
293293 20 Occupied Community 150 feet from the nearest
294294 21 Buildings and Dwellings on point on the outside wall
295295 22 Nonparticipating Properties of the structure
296296 23 Boundary Lines of None
297297
298298
299299
300300
301301
302302 SB1365 - 8 - LRB104 10489 RTM 20564 b
303303
304304
305305 SB1365- 9 -LRB104 10489 RTM 20564 b SB1365 - 9 - LRB104 10489 RTM 20564 b
306306 SB1365 - 9 - LRB104 10489 RTM 20564 b
307307 1 Participating Property
308308 2 Public Road Rights-of-Way 50 feet from the nearest
309309 3 edge
310310 4 Boundary Lines of 50 feet to the nearest
311311 5 Nonparticipating Property point on the property
312312 6 line of the nonparticipating
313313 7 property
314314 8 (4) a commercial solar energy facility to be sited so
315315 9 that the facility's perimeter is enclosed by fencing
316316 10 having a height of at least 6 feet and no more than 25
317317 11 feet; and
318318 12 (5) a commercial solar energy facility to be sited so
319319 13 that no component of a solar panel has a height of more
320320 14 than 20 feet above ground when the solar energy facility's
321321 15 arrays are at full tilt.
322322 16 The requirements set forth in this subsection (e) may be
323323 17 waived subject to the written consent of the owner of each
324324 18 affected nonparticipating property.
325325 19 (f) A county may not set a sound limitation for wind towers
326326 20 in commercial wind energy facilities or any components in
327327 21 commercial solar energy facilities that is more restrictive
328328 22 than the sound limitations established by the Illinois
329329 23 Pollution Control Board under 35 Ill. Adm. Code Parts 900,
330330
331331
332332
333333
334334
335335 SB1365 - 9 - LRB104 10489 RTM 20564 b
336336
337337
338338 SB1365- 10 -LRB104 10489 RTM 20564 b SB1365 - 10 - LRB104 10489 RTM 20564 b
339339 SB1365 - 10 - LRB104 10489 RTM 20564 b
340340 1 901, and 910.
341341 2 (g) A county may not place any restriction on the
342342 3 installation or use of a commercial wind energy facility or a
343343 4 commercial solar energy facility unless it adopts an ordinance
344344 5 that complies with this Section. A county may not establish
345345 6 siting standards for supporting facilities that preclude
346346 7 development of commercial wind energy facilities or commercial
347347 8 solar energy facilities.
348348 9 A request for siting approval or a special use permit for a
349349 10 commercial wind energy facility or a commercial solar energy
350350 11 facility, or modification of an approved siting or special use
351351 12 permit, shall be approved if the request is in compliance with
352352 13 the standards and conditions imposed in this Act, the zoning
353353 14 ordinance adopted consistent with this Code, and the
354354 15 conditions imposed under State and federal statutes and
355355 16 regulations.
356356 17 (h) A county may not adopt zoning regulations that
357357 18 disallow, permanently or temporarily, commercial wind energy
358358 19 facilities or commercial solar energy facilities from being
359359 20 developed or operated in any district zoned to allow
360360 21 agricultural or industrial uses.
361361 22 (i) A county may not require permit application fees for a
362362 23 commercial wind energy facility or commercial solar energy
363363 24 facility that are unreasonable. All application fees imposed
364364 25 by the county shall be consistent with fees for projects in the
365365 26 county with similar capital value and cost.
366366
367367
368368
369369
370370
371371 SB1365 - 10 - LRB104 10489 RTM 20564 b
372372
373373
374374 SB1365- 11 -LRB104 10489 RTM 20564 b SB1365 - 11 - LRB104 10489 RTM 20564 b
375375 SB1365 - 11 - LRB104 10489 RTM 20564 b
376376 1 (j) Except as otherwise provided in this Section, a county
377377 2 shall not require standards for construction, decommissioning,
378378 3 or deconstruction of a commercial wind energy facility or
379379 4 commercial solar energy facility or related financial
380380 5 assurances that are more restrictive than those included in
381381 6 the Department of Agriculture's standard wind farm
382382 7 agricultural impact mitigation agreement, template 81818, or
383383 8 standard solar agricultural impact mitigation agreement,
384384 9 version 8.19.19, as applicable and in effect on December 31,
385385 10 2022. The amount of any decommissioning payment shall be in
386386 11 accordance with the financial assurance required by those
387387 12 agricultural impact mitigation agreements.
388388 13 (j-5) A commercial wind energy facility or a commercial
389389 14 solar energy facility shall file a farmland drainage plan with
390390 15 the county and impacted drainage districts outlining how
391391 16 surface and subsurface drainage of farmland will be restored
392392 17 during and following construction or deconstruction of the
393393 18 facility. The plan is to be created independently by the
394394 19 facility developer and shall include the location of any
395395 20 potentially impacted drainage district facilities to the
396396 21 extent this information is publicly available from the county
397397 22 or the drainage district, plans to repair any subsurface
398398 23 drainage affected during construction or deconstruction using
399399 24 procedures outlined in the agricultural impact mitigation
400400 25 agreement entered into by the commercial wind energy facility
401401 26 owner or commercial solar energy facility owner, and
402402
403403
404404
405405
406406
407407 SB1365 - 11 - LRB104 10489 RTM 20564 b
408408
409409
410410 SB1365- 12 -LRB104 10489 RTM 20564 b SB1365 - 12 - LRB104 10489 RTM 20564 b
411411 SB1365 - 12 - LRB104 10489 RTM 20564 b
412412 1 procedures for the repair and restoration of surface drainage
413413 2 affected during construction or deconstruction. All surface
414414 3 and subsurface damage shall be repaired as soon as reasonably
415415 4 practicable.
416416 5 (k) A county may not condition approval of a commercial
417417 6 wind energy facility or commercial solar energy facility on a
418418 7 property value guarantee and may not require a facility owner
419419 8 to pay into a neighboring property devaluation escrow account.
420420 9 (l) A county may require certain vegetative screening
421421 10 surrounding a commercial wind energy facility or commercial
422422 11 solar energy facility but may not require earthen berms or
423423 12 similar structures.
424424 13 (m) A county may set blade tip height limitations for wind
425425 14 towers in commercial wind energy facilities but may not set a
426426 15 blade tip height limitation that is more restrictive than the
427427 16 height allowed under a Determination of No Hazard to Air
428428 17 Navigation by the Federal Aviation Administration under 14 CFR
429429 18 Part 77.
430430 19 (n) A county may require that a commercial wind energy
431431 20 facility owner or commercial solar energy facility owner
432432 21 provide:
433433 22 (1) the results and recommendations from consultation
434434 23 with the Illinois Department of Natural Resources that are
435435 24 obtained through the Ecological Compliance Assessment Tool
436436 25 (EcoCAT) or a comparable successor tool; and
437437 26 (2) the results of the United States Fish and Wildlife
438438
439439
440440
441441
442442
443443 SB1365 - 12 - LRB104 10489 RTM 20564 b
444444
445445
446446 SB1365- 13 -LRB104 10489 RTM 20564 b SB1365 - 13 - LRB104 10489 RTM 20564 b
447447 SB1365 - 13 - LRB104 10489 RTM 20564 b
448448 1 Service's Information for Planning and Consulting
449449 2 environmental review or a comparable successor tool that
450450 3 is consistent with (i) the "U.S. Fish and Wildlife
451451 4 Service's Land-Based Wind Energy Guidelines" and (ii) any
452452 5 applicable United States Fish and Wildlife Service solar
453453 6 wildlife guidelines that have been subject to public
454454 7 review.
455455 8 (o) A county may require a commercial wind energy facility
456456 9 or commercial solar energy facility to adhere to the
457457 10 recommendations provided by the Illinois Department of Natural
458458 11 Resources in an EcoCAT natural resource review report under 17
459459 12 Ill. Adm. Code Part 1075.
460460 13 (p) A county may require a facility owner to:
461461 14 (1) demonstrate avoidance of protected lands as
462462 15 identified by the Illinois Department of Natural Resources
463463 16 and the Illinois Nature Preserve Commission; or
464464 17 (2) consider the recommendations of the Illinois
465465 18 Department of Natural Resources for setbacks from
466466 19 protected lands, including areas identified by the
467467 20 Illinois Nature Preserve Commission.
468468 21 (q) A county may require that a facility owner provide
469469 22 evidence of consultation with the Illinois State Historic
470470 23 Preservation Office to assess potential impacts on
471471 24 State-registered historic sites under the Illinois State
472472 25 Agency Historic Resources Preservation Act.
473473 26 (r) To maximize community benefits, including, but not
474474
475475
476476
477477
478478
479479 SB1365 - 13 - LRB104 10489 RTM 20564 b
480480
481481
482482 SB1365- 14 -LRB104 10489 RTM 20564 b SB1365 - 14 - LRB104 10489 RTM 20564 b
483483 SB1365 - 14 - LRB104 10489 RTM 20564 b
484484 1 limited to, reduced stormwater runoff, flooding, and erosion
485485 2 at the ground mounted solar energy system, improved soil
486486 3 health, and increased foraging habitat for game birds,
487487 4 songbirds, and pollinators, a county may (1) require a
488488 5 commercial solar energy facility owner to plant, establish,
489489 6 and maintain for the life of the facility vegetative ground
490490 7 cover, consistent with the goals of the Pollinator-Friendly
491491 8 Solar Site Act and (2) require the submittal of a vegetation
492492 9 management plan that is in compliance with the agricultural
493493 10 impact mitigation agreement in the application to construct
494494 11 and operate a commercial solar energy facility in the county
495495 12 if the vegetative ground cover and vegetation management plan
496496 13 comply with the requirements of the underlying agreement with
497497 14 the landowner or landowners where the facility will be
498498 15 constructed.
499499 16 No later than 90 days after January 27, 2023 (the
500500 17 effective date of Public Act 102-1123), the Illinois
501501 18 Department of Natural Resources shall develop guidelines for
502502 19 vegetation management plans that may be required under this
503503 20 subsection for commercial solar energy facilities. The
504504 21 guidelines must include guidance for short-term and long-term
505505 22 property management practices that provide and maintain native
506506 23 and non-invasive naturalized perennial vegetation to protect
507507 24 the health and well-being of pollinators.
508508 25 (s) If a facility owner enters into a road use agreement
509509 26 with the Illinois Department of Transportation, a road
510510
511511
512512
513513
514514
515515 SB1365 - 14 - LRB104 10489 RTM 20564 b
516516
517517
518518 SB1365- 15 -LRB104 10489 RTM 20564 b SB1365 - 15 - LRB104 10489 RTM 20564 b
519519 SB1365 - 15 - LRB104 10489 RTM 20564 b
520520 1 district, or other unit of local government relating to a
521521 2 commercial wind energy facility or a commercial solar energy
522522 3 facility, the road use agreement shall require the facility
523523 4 owner to be responsible for (i) the reasonable cost of
524524 5 improving roads used by the facility owner to construct the
525525 6 commercial wind energy facility or the commercial solar energy
526526 7 facility and (ii) the reasonable cost of repairing roads used
527527 8 by the facility owner during construction of the commercial
528528 9 wind energy facility or the commercial solar energy facility
529529 10 so that those roads are in a condition that is safe for the
530530 11 driving public after the completion of the facility's
531531 12 construction. Roadways improved in preparation for and during
532532 13 the construction of the commercial wind energy facility or
533533 14 commercial solar energy facility shall be repaired and
534534 15 restored to the improved condition at the reasonable cost of
535535 16 the developer if the roadways have degraded or were damaged as
536536 17 a result of construction-related activities.
537537 18 The road use agreement shall not require the facility
538538 19 owner to pay costs, fees, or charges for road work that is not
539539 20 specifically and uniquely attributable to the construction of
540540 21 the commercial wind energy facility or the commercial solar
541541 22 energy facility. Road-related fees, permit fees, or other
542542 23 charges imposed by the Illinois Department of Transportation,
543543 24 a road district, or other unit of local government under a road
544544 25 use agreement with the facility owner shall be reasonably
545545 26 related to the cost of administration of the road use
546546
547547
548548
549549
550550
551551 SB1365 - 15 - LRB104 10489 RTM 20564 b
552552
553553
554554 SB1365- 16 -LRB104 10489 RTM 20564 b SB1365 - 16 - LRB104 10489 RTM 20564 b
555555 SB1365 - 16 - LRB104 10489 RTM 20564 b
556556 1 agreement.
557557 2 (s-5) The facility owner shall also compensate landowners
558558 3 for crop losses or other agricultural damages resulting from
559559 4 damage to the drainage system caused by the construction of
560560 5 the commercial wind energy facility or the commercial solar
561561 6 energy facility. The commercial wind energy facility owner or
562562 7 commercial solar energy facility owner shall repair or pay for
563563 8 the repair of all damage to the subsurface drainage system
564564 9 caused by the construction of the commercial wind energy
565565 10 facility or the commercial solar energy facility in accordance
566566 11 with the agriculture impact mitigation agreement requirements
567567 12 for repair of drainage. The commercial wind energy facility
568568 13 owner or commercial solar energy facility owner shall repair
569569 14 or pay for the repair and restoration of surface drainage
570570 15 caused by the construction or deconstruction of the commercial
571571 16 wind energy facility or the commercial solar energy facility
572572 17 as soon as reasonably practicable.
573573 18 (s-10) The facility owner shall also compensate landowners
574574 19 if the facility adversely affects the flow of water within the
575575 20 landowner's land, including, but not limited to, by affecting
576576 21 a drainage tile.
577577 22 (t) Notwithstanding any other provision of law, a facility
578578 23 owner with siting approval from a county to construct a
579579 24 commercial wind energy facility or a commercial solar energy
580580 25 facility is authorized to cross or impact a drainage system,
581581 26 including, but not limited to, drainage tiles, open drainage
582582
583583
584584
585585
586586
587587 SB1365 - 16 - LRB104 10489 RTM 20564 b
588588
589589
590590 SB1365- 17 -LRB104 10489 RTM 20564 b SB1365 - 17 - LRB104 10489 RTM 20564 b
591591 SB1365 - 17 - LRB104 10489 RTM 20564 b
592592
593593
594594
595595
596596
597597 SB1365 - 17 - LRB104 10489 RTM 20564 b