Illinois 2025-2026 Regular Session

Illinois Senate Bill SB1457 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 SB1457 Introduced 1/31/2025, by Sen. Sue Rezin SYNOPSIS AS INTRODUCED: 55 ILCS 5/5-12020 Amends the Counties Code. Provides that a county may not approve the siting of a commercial wind energy facility, a commercial solar energy facility, or both in an unincorporated area that is located within a 3-mile radius of a municipality, if: (1) the municipality has not approved the siting of the facility or facilities at that location; (2) the county board or the corporate authorities of the municipality have determined that any portion of the facility or facilities will be located on land with a Soil Productivity Index that is greater than or equal to 90; or (3) the county board or the corporate authorities of the municipality have determined that the owners or operators of the facility or facilities have failed to comply with one or more National Pollutant Discharge Elimination System (NPDES) requirements for the site. Provides that the provisions apply regardless of whether the municipality has adopted zoning ordinances or is regulating wind farms and electric-generating wind devices under specified provisions of the Illinois Municipal Code. Requires each commercial solar energy facility to have the minimum number of fire hydrants required by ordinances governing the servicing fire department or fire protection district or, if there are no requirements by ordinances governing the servicing fire department or fire protection district, then the minimum number required by the county board. Allows a county to require a commercial solar energy facility to be sited at least 500 feet to the nearest point on the property line of the nonparticipating zoned residential. Effective immediately. LRB104 09494 RTM 19555 b A BILL FOR 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB1457 Introduced 1/31/2025, by Sen. Sue Rezin SYNOPSIS AS INTRODUCED: 55 ILCS 5/5-12020 55 ILCS 5/5-12020 Amends the Counties Code. Provides that a county may not approve the siting of a commercial wind energy facility, a commercial solar energy facility, or both in an unincorporated area that is located within a 3-mile radius of a municipality, if: (1) the municipality has not approved the siting of the facility or facilities at that location; (2) the county board or the corporate authorities of the municipality have determined that any portion of the facility or facilities will be located on land with a Soil Productivity Index that is greater than or equal to 90; or (3) the county board or the corporate authorities of the municipality have determined that the owners or operators of the facility or facilities have failed to comply with one or more National Pollutant Discharge Elimination System (NPDES) requirements for the site. Provides that the provisions apply regardless of whether the municipality has adopted zoning ordinances or is regulating wind farms and electric-generating wind devices under specified provisions of the Illinois Municipal Code. Requires each commercial solar energy facility to have the minimum number of fire hydrants required by ordinances governing the servicing fire department or fire protection district or, if there are no requirements by ordinances governing the servicing fire department or fire protection district, then the minimum number required by the county board. Allows a county to require a commercial solar energy facility to be sited at least 500 feet to the nearest point on the property line of the nonparticipating zoned residential. Effective immediately. LRB104 09494 RTM 19555 b LRB104 09494 RTM 19555 b A BILL FOR
2	2	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB1457 Introduced 1/31/2025, by Sen. Sue Rezin SYNOPSIS AS INTRODUCED:
3	3	55 ILCS 5/5-12020 55 ILCS 5/5-12020
4	4	55 ILCS 5/5-12020
5	5	Amends the Counties Code. Provides that a county may not approve the siting of a commercial wind energy facility, a commercial solar energy facility, or both in an unincorporated area that is located within a 3-mile radius of a municipality, if: (1) the municipality has not approved the siting of the facility or facilities at that location; (2) the county board or the corporate authorities of the municipality have determined that any portion of the facility or facilities will be located on land with a Soil Productivity Index that is greater than or equal to 90; or (3) the county board or the corporate authorities of the municipality have determined that the owners or operators of the facility or facilities have failed to comply with one or more National Pollutant Discharge Elimination System (NPDES) requirements for the site. Provides that the provisions apply regardless of whether the municipality has adopted zoning ordinances or is regulating wind farms and electric-generating wind devices under specified provisions of the Illinois Municipal Code. Requires each commercial solar energy facility to have the minimum number of fire hydrants required by ordinances governing the servicing fire department or fire protection district or, if there are no requirements by ordinances governing the servicing fire department or fire protection district, then the minimum number required by the county board. Allows a county to require a commercial solar energy facility to be sited at least 500 feet to the nearest point on the property line of the nonparticipating zoned residential. Effective immediately.
6	6	LRB104 09494 RTM 19555 b LRB104 09494 RTM 19555 b
7	7	LRB104 09494 RTM 19555 b
8	8	A BILL FOR
9	9	SB1457LRB104 09494 RTM 19555 b SB1457 LRB104 09494 RTM 19555 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. Commercial wind energy facilities and
18	18	8 commercial solar energy facilities.
19	19	9 (a) As used in this Section:
20	20	10 "Commercial solar energy facility" means a "commercial
21	21	11 solar energy system" as defined in Section 10-720 of the
22	22	12 Property Tax Code. "Commercial solar energy facility" does not
23	23	13 mean a utility-scale solar energy facility being constructed
24	24	14 at a site that was eligible to participate in a procurement
25	25	15 event conducted by the Illinois Power Agency pursuant to
26	26	16 subsection (c-5) of Section 1-75 of the Illinois Power Agency
27	27	17 Act.
28	28	18 "Commercial wind energy facility" means a wind energy
29	29	19 conversion facility of equal or greater than 500 kilowatts in
30	30	20 total nameplate generating capacity. "Commercial wind energy
31	31	21 facility" includes a wind energy conversion facility seeking
32	32	22 an extension of a permit to construct granted by a county or
33	33	23 municipality before January 27, 2023 (the effective date of
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37	37	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB1457 Introduced 1/31/2025, by Sen. Sue Rezin SYNOPSIS AS INTRODUCED:
38	38	55 ILCS 5/5-12020 55 ILCS 5/5-12020
39	39	55 ILCS 5/5-12020
40	40	Amends the Counties Code. Provides that a county may not approve the siting of a commercial wind energy facility, a commercial solar energy facility, or both in an unincorporated area that is located within a 3-mile radius of a municipality, if: (1) the municipality has not approved the siting of the facility or facilities at that location; (2) the county board or the corporate authorities of the municipality have determined that any portion of the facility or facilities will be located on land with a Soil Productivity Index that is greater than or equal to 90; or (3) the county board or the corporate authorities of the municipality have determined that the owners or operators of the facility or facilities have failed to comply with one or more National Pollutant Discharge Elimination System (NPDES) requirements for the site. Provides that the provisions apply regardless of whether the municipality has adopted zoning ordinances or is regulating wind farms and electric-generating wind devices under specified provisions of the Illinois Municipal Code. Requires each commercial solar energy facility to have the minimum number of fire hydrants required by ordinances governing the servicing fire department or fire protection district or, if there are no requirements by ordinances governing the servicing fire department or fire protection district, then the minimum number required by the county board. Allows a county to require a commercial solar energy facility to be sited at least 500 feet to the nearest point on the property line of the nonparticipating zoned residential. Effective immediately.
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68	68	1 Public Act 102-1123).
69	69	2 "Facility owner" means (i) a person with a direct
70	70	3 ownership interest in a commercial wind energy facility or a
71	71	4 commercial solar energy facility, or both, regardless of
72	72	5 whether the person is involved in acquiring the necessary
73	73	6 rights, permits, and approvals or otherwise planning for the
74	74	7 construction and operation of the facility, and (ii) at the
75	75	8 time the facility is being developed, a person who is acting as
76	76	9 a developer of the facility by acquiring the necessary rights,
77	77	10 permits, and approvals or by planning for the construction and
78	78	11 operation of the facility, regardless of whether the person
79	79	12 will own or operate the facility.
80	80	13 "Nonparticipating property" means real property that is
81	81	14 not a participating property.
82	82	15 "Nonparticipating residence" means a residence that is
83	83	16 located on nonparticipating property and that is existing and
84	84	17 occupied on the date that an application for a permit to
85	85	18 develop the commercial wind energy facility or the commercial
86	86	19 solar energy facility is filed with the county.
87	87	20 "Occupied community building" means any one or more of the
88	88	21 following buildings that is existing and occupied on the date
89	89	22 that the application for a permit to develop the commercial
90	90	23 wind energy facility or the commercial solar energy facility
91	91	24 is filed with the county: a school, place of worship, day care
92	92	25 facility, public library, or community center.
93	93	26 "Participating property" means real property that is the
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104	104	1 subject of a written agreement between a facility owner and
105	105	2 the owner of the real property that provides the facility
106	106	3 owner an easement, option, lease, or license to use the real
107	107	4 property for the purpose of constructing a commercial wind
108	108	5 energy facility, a commercial solar energy facility, or
109	109	6 supporting facilities. "Participating property" also includes
110	110	7 real property that is owned by a facility owner for the purpose
111	111	8 of constructing a commercial wind energy facility, a
112	112	9 commercial solar energy facility, or supporting facilities.
113	113	10 "Participating residence" means a residence that is
114	114	11 located on participating property and that is existing and
115	115	12 occupied on the date that an application for a permit to
116	116	13 develop the commercial wind energy facility or the commercial
117	117	14 solar energy facility is filed with the county.
118	118	15 "Protected lands" means real property that is:
119	119	16 (1) subject to a permanent conservation right
120	120	17 consistent with the Real Property Conservation Rights Act;
121	121	18 or
122	122	19 (2) registered or designated as a nature preserve,
123	123	20 buffer, or land and water reserve under the Illinois
124	124	21 Natural Areas Preservation Act.
125	125	22 "Supporting facilities" means the transmission lines,
126	126	23 substations, access roads, meteorological towers, storage
127	127	24 containers, and equipment associated with the generation and
128	128	25 storage of electricity by the commercial wind energy facility
129	129	26 or commercial solar energy facility.
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140	140	1 "Wind tower" includes the wind turbine tower, nacelle, and
141	141	2 blades.
142	142	3 (b) Notwithstanding any other provision of law or whether
143	143	4 the county has formed a zoning commission and adopted formal
144	144	5 zoning under Section 5-12007, a county may establish standards
145	145	6 for commercial wind energy facilities, commercial solar energy
146	146	7 facilities, or both. The standards may include all of the
147	147	8 requirements specified in this Section but may not include
148	148	9 requirements for commercial wind energy facilities or
149	149	10 commercial solar energy facilities that are more restrictive
150	150	11 than specified in this Section. A county may also regulate the
151	151	12 siting of commercial wind energy facilities with standards
152	152	13 that are not more restrictive than the requirements specified
153	153	14 in this Section in unincorporated areas of the county that are
154	154	15 outside the zoning jurisdiction of a municipality and that are
155	155	16 outside the 1.5-mile radius surrounding the zoning
156	156	17 jurisdiction of a municipality.
157	157	18 (b-5) A county may not approve the siting of a commercial
158	158	19 wind energy facility, a commercial solar energy facility, or
159	159	20 both in an unincorporated area that is located within a 3-mile
160	160	21 radius of a municipality, if:
161	161	22 (1) the municipality has not approved the siting of
162	162	23 the facility or facilities at that location;
163	163	24 (2) the county board or the corporate authorities of
164	164	25 the municipality have determined that any portion of the
165	165	26 facility or facilities will be located on land with a Soil
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176	176	1 Productivity Index that is greater than or equal to 90; or
177	177	2 (3) the county board or the corporate authorities of
178	178	3 the municipality have determined that the owners or
179	179	4 operators of the facility or facilities have failed to
180	180	5 comply with one or more National Pollutant Discharge
181	181	6 Elimination System (NPDES) requirements for the site.
182	182	7 This subsection applies regardless of whether the
183	183	8 municipality has adopted zoning ordinances under Division 13
184	184	9 of Article 11 of the Illinois Municipal Code or is regulating
185	185	10 wind farms and electric-generating wind devices under Section
186	186	11 11-13-26 of the Illinois Municipal Code.
187	187	12 (c) If a county has elected to establish standards under
188	188	13 subsection (b), before the county grants siting approval or a
189	189	14 special use permit for a commercial wind energy facility or a
190	190	15 commercial solar energy facility, or modification of an
191	191	16 approved siting or special use permit, the county board of the
192	192	17 county in which the facility is to be sited or the zoning board
193	193	18 of appeals for the county shall hold at least one public
194	194	19 hearing. The public hearing shall be conducted in accordance
195	195	20 with the Open Meetings Act and shall be held not more than 60
196	196	21 days after the filing of the application for the facility. The
197	197	22 county shall allow interested parties to a special use permit
198	198	23 an opportunity to present evidence and to cross-examine
199	199	24 witnesses at the hearing, but the county may impose reasonable
200	200	25 restrictions on the public hearing, including reasonable time
201	201	26 limitations on the presentation of evidence and the
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212	212	1 cross-examination of witnesses. The county shall also allow
213	213	2 public comment at the public hearing in accordance with the
214	214	3 Open Meetings Act. The county shall make its siting and
215	215	4 permitting decisions not more than 30 days after the
216	216	5 conclusion of the public hearing. Notice of the hearing shall
217	217	6 be published in a newspaper of general circulation in the
218	218	7 county. A facility owner must enter into an agricultural
219	219	8 impact mitigation agreement with the Department of Agriculture
220	220	9 prior to the date of the required public hearing. A commercial
221	221	10 wind energy facility owner seeking an extension of a permit
222	222	11 granted by a county prior to July 24, 2015 (the effective date
223	223	12 of Public Act 99-132) must enter into an agricultural impact
224	224	13 mitigation agreement with the Department of Agriculture prior
225	225	14 to a decision by the county to grant the permit extension.
226	226	15 Counties may allow test wind towers or test solar energy
227	227	16 systems to be sited without formal approval by the county
228	228	17 board.
229	229	18 (d) A county with an existing zoning ordinance in conflict
230	230	19 with this Section shall amend that zoning ordinance to be in
231	231	20 compliance with this Section within 120 days after January 27,
232	232	21 2023 (the effective date of Public Act 102-1123).
233	233	22 (e) A county may require:
234	234	23 (1) a wind tower of a commercial wind energy facility
235	235	24 to be sited as follows, with setback distances measured
236	236	25 from the center of the base of the wind tower:
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247	247	1 Setback Description Setback Distance
248	248	2 Occupied Community 2.1 times the maximum blade tip
249	249	3 Buildings height of the wind tower to the
250	250	4 nearest point on the outside
251	251	5 wall of the structure
252	252	6 Participating Residences 1.1 times the maximum blade tip
253	253	7 height of the wind tower to the
254	254	8 nearest point on the outside
255	255	9 wall of the structure
256	256	10 Nonparticipating Residences 2.1 times the maximum blade tip
257	257	11 height of the wind tower to the
258	258	12 nearest point on the outside
259	259	13 wall of the structure
260	260	14 Boundary Lines of None
261	261	15 Participating Property
262	262	16 Boundary Lines of 1.1 times the maximum blade tip
263	263	17 Nonparticipating Property height of the wind tower to the
264	264	18 nearest point on the property
265	265	19 line of the nonparticipating
266	266	20 property
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277	277	1 Public Road Rights-of-Way 1.1 times the maximum blade tip
278	278	2 height of the wind tower
279	279	3 to the center point of the
280	280	4 public road right-of-way
281	281	5 Overhead Communication and 1.1 times the maximum blade tip
282	282	6 Electric Transmission height of the wind tower to the
283	283	7 and Distribution Facilities nearest edge of the property
284	284	8 (Not Including Overhead line, easement, or
285	285	9 Utility Service Lines to right-of-way
286	286	10 Individual Houses or containing the overhead line
287	287	11 Outbuildings)
288	288	12 Overhead Utility Service None
289	289	13 Lines to Individual
290	290	14 Houses or Outbuildings
291	291	15 Fish and Wildlife Areas 2.1 times the maximum blade
292	292	16 and Illinois Nature tip height of the wind tower
293	293	17 Preserve Commission to the nearest point on the
294	294	18 Protected Lands property line of the fish and
295	295	19 wildlife area or protected
296	296	20 land
297	297	21 This Section does not exempt or excuse compliance with
298	298	22 electric facility clearances approved or required by the
299	299	23 National Electrical Code, the The National Electrical
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310	310	1 Safety Code, the Illinois Commerce Commission, and the
311	311	2 Federal Energy Regulatory Commission, and their designees
312	312	3 or successors; .
313	313	4 (2) a wind tower of a commercial wind energy facility
314	314	5 to be sited so that industry standard computer modeling
315	315	6 indicates that any occupied community building or
316	316	7 nonparticipating residence will not experience more than
317	317	8 30 hours per year of shadow flicker under planned
318	318	9 operating conditions;
319	319	10 (3) a commercial solar energy facility to be sited as
320	320	11 follows, with setback distances measured from the nearest
321	321	12 edge of any component of the facility:
322	322	13 Setback Description Setback Distance
323	323	14 Occupied Community 150 feet from the nearest
324	324	15 Buildings and Dwellings on point on the outside wall
325	325	16 Nonparticipating Properties of the structure
326	326	17 Boundary Lines of None
327	327	18 Participating Property
328	328	19 Public Road Rights-of-Way 50 feet from the nearest
329	329	20 edge
330	330	21 Boundary Lines of 50 feet to the nearest
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341	341	1 Nonparticipating Property point on the property
342	342	2 Not Zoned Residential line of the nonparticipating
343	343	3 property
344	344	4 Boundary Lines of 500 feet to the nearest
345	345	5 Nonparticipating Property point on the property
346	346	6 Zoned Residential line of the nonparticipating
347	347	7 property zoned residential
348	348	8 (4) a commercial solar energy facility to be sited so
349	349	9 that the facility's perimeter is enclosed by fencing
350	350	10 having a height of at least 6 feet and no more than 25
351	351	11 feet; and
352	352	12 (5) a commercial solar energy facility to be sited so
353	353	13 that no component of a solar panel has a height of more
354	354	14 than 20 feet above ground when the solar energy facility's
355	355	15 arrays are at full tilt.
356	356	16 The requirements set forth in this subsection (e) may be
357	357	17 waived subject to the written consent of the owner of each
358	358	18 affected nonparticipating property.
359	359	19 (f) A county may not set a sound limitation for wind towers
360	360	20 in commercial wind energy facilities or any components in
361	361	21 commercial solar energy facilities that is more restrictive
362	362	22 than the sound limitations established by the Illinois
363	363	23 Pollution Control Board under 35 Ill. Adm. Code Parts 900,
364	364	24 901, and 910.
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375	375	1 (g) A county may not place any restriction on the
376	376	2 installation or use of a commercial wind energy facility or a
377	377	3 commercial solar energy facility unless it adopts an ordinance
378	378	4 that complies with this Section. A county may not establish
379	379	5 siting standards for supporting facilities that preclude
380	380	6 development of commercial wind energy facilities or commercial
381	381	7 solar energy facilities.
382	382	8 A request for siting approval or a special use permit for a
383	383	9 commercial wind energy facility or a commercial solar energy
384	384	10 facility, or modification of an approved siting or special use
385	385	11 permit, shall be approved if the request is in compliance with
386	386	12 the standards and conditions imposed in this Act, the zoning
387	387	13 ordinance adopted consistent with this Code, and the
388	388	14 conditions imposed under State and federal statutes and
389	389	15 regulations.
390	390	16 (h) A county may not adopt zoning regulations that
391	391	17 disallow, permanently or temporarily, commercial wind energy
392	392	18 facilities or commercial solar energy facilities from being
393	393	19 developed or operated in any district zoned to allow
394	394	20 agricultural or industrial uses.
395	395	21 (i) A county may not require permit application fees for a
396	396	22 commercial wind energy facility or commercial solar energy
397	397	23 facility that are unreasonable. All application fees imposed
398	398	24 by the county shall be consistent with fees for projects in the
399	399	25 county with similar capital value and cost.
400	400	26 (j) Except as otherwise provided in this Section, a county
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411	411	1 shall not require standards for construction, decommissioning,
412	412	2 or deconstruction of a commercial wind energy facility or
413	413	3 commercial solar energy facility or related financial
414	414	4 assurances that are more restrictive than those included in
415	415	5 the Department of Agriculture's standard wind farm
416	416	6 agricultural impact mitigation agreement, template 81818, or
417	417	7 standard solar agricultural impact mitigation agreement,
418	418	8 version 8.19.19, as applicable and in effect on December 31,
419	419	9 2022. The amount of any decommissioning payment shall be in
420	420	10 accordance with the financial assurance required by those
421	421	11 agricultural impact mitigation agreements.
422	422	12 (j-5) A commercial wind energy facility or a commercial
423	423	13 solar energy facility shall file a farmland drainage plan with
424	424	14 the county and impacted drainage districts outlining how
425	425	15 surface and subsurface drainage of farmland will be restored
426	426	16 during and following construction or deconstruction of the
427	427	17 facility. The plan is to be created independently by the
428	428	18 facility developer and shall include the location of any
429	429	19 potentially impacted drainage district facilities to the
430	430	20 extent this information is publicly available from the county
431	431	21 or the drainage district, plans to repair any subsurface
432	432	22 drainage affected during construction or deconstruction using
433	433	23 procedures outlined in the agricultural impact mitigation
434	434	24 agreement entered into by the commercial wind energy facility
435	435	25 owner or commercial solar energy facility owner, and
436	436	26 procedures for the repair and restoration of surface drainage
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447	447	1 affected during construction or deconstruction. All surface
448	448	2 and subsurface damage shall be repaired as soon as reasonably
449	449	3 practicable.
450	450	4 (k) A county may not condition approval of a commercial
451	451	5 wind energy facility or commercial solar energy facility on a
452	452	6 property value guarantee and may not require a facility owner
453	453	7 to pay into a neighboring property devaluation escrow account.
454	454	8 (l) A county may require certain vegetative screening
455	455	9 surrounding a commercial wind energy facility or commercial
456	456	10 solar energy facility but may not require earthen berms or
457	457	11 similar structures.
458	458	12 (m) A county may set blade tip height limitations for wind
459	459	13 towers in commercial wind energy facilities but may not set a
460	460	14 blade tip height limitation that is more restrictive than the
461	461	15 height allowed under a Determination of No Hazard to Air
462	462	16 Navigation by the Federal Aviation Administration under 14 CFR
463	463	17 Part 77.
464	464	18 (n) A county may require that a commercial wind energy
465	465	19 facility owner or commercial solar energy facility owner
466	466	20 provide:
467	467	21 (1) the results and recommendations from consultation
468	468	22 with the Illinois Department of Natural Resources that are
469	469	23 obtained through the Ecological Compliance Assessment Tool
470	470	24 (EcoCAT) or a comparable successor tool; and
471	471	25 (2) the results of the United States Fish and Wildlife
472	472	26 Service's Information for Planning and Consulting
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483	483	1 environmental review or a comparable successor tool that
484	484	2 is consistent with (i) the "U.S. Fish and Wildlife
485	485	3 Service's Land-Based Wind Energy Guidelines" and (ii) any
486	486	4 applicable United States Fish and Wildlife Service solar
487	487	5 wildlife guidelines that have been subject to public
488	488	6 review.
489	489	7 (o) A county may require a commercial wind energy facility
490	490	8 or commercial solar energy facility to adhere to the
491	491	9 recommendations provided by the Illinois Department of Natural
492	492	10 Resources in an EcoCAT natural resource review report under 17
493	493	11 Ill. Adm. Code Part 1075.
494	494	12 (p) A county may require a facility owner to:
495	495	13 (1) demonstrate avoidance of protected lands as
496	496	14 identified by the Illinois Department of Natural Resources
497	497	15 and the Illinois Nature Preserve Commission; or
498	498	16 (2) consider the recommendations of the Illinois
499	499	17 Department of Natural Resources for setbacks from
500	500	18 protected lands, including areas identified by the
501	501	19 Illinois Nature Preserve Commission.
502	502	20 (q) A county may require that a facility owner provide
503	503	21 evidence of consultation with the Illinois State Historic
504	504	22 Preservation Office to assess potential impacts on
505	505	23 State-registered historic sites under the Illinois State
506	506	24 Agency Historic Resources Preservation Act.
507	507	25 (r) To maximize community benefits, including, but not
508	508	26 limited to, reduced stormwater runoff, flooding, and erosion
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519	519	1 at the ground mounted solar energy system, improved soil
520	520	2 health, and increased foraging habitat for game birds,
521	521	3 songbirds, and pollinators, a county may (1) require a
522	522	4 commercial solar energy facility owner to plant, establish,
523	523	5 and maintain for the life of the facility vegetative ground
524	524	6 cover, consistent with the goals of the Pollinator-Friendly
525	525	7 Solar Site Act and (2) require the submittal of a vegetation
526	526	8 management plan that is in compliance with the agricultural
527	527	9 impact mitigation agreement in the application to construct
528	528	10 and operate a commercial solar energy facility in the county
529	529	11 if the vegetative ground cover and vegetation management plan
530	530	12 comply with the requirements of the underlying agreement with
531	531	13 the landowner or landowners where the facility will be
532	532	14 constructed.
533	533	15 No later than 90 days after January 27, 2023 (the
534	534	16 effective date of Public Act 102-1123), the Illinois
535	535	17 Department of Natural Resources shall develop guidelines for
536	536	18 vegetation management plans that may be required under this
537	537	19 subsection for commercial solar energy facilities. The
538	538	20 guidelines must include guidance for short-term and long-term
539	539	21 property management practices that provide and maintain native
540	540	22 and non-invasive naturalized perennial vegetation to protect
541	541	23 the health and well-being of pollinators.
542	542	24 (r-5) Each commercial solar energy facility must have the
543	543	25 minimum number of fire hydrants required by ordinances
544	544	26 governing the servicing fire department or fire protection
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555	555	1 district or, if there are no requirements by ordinances
556	556	2 governing the servicing fire department or fire protection
557	557	3 district, then the minimum number required by the county
558	558	4 board.
559	559	5 (s) If a facility owner enters into a road use agreement
560	560	6 with the Illinois Department of Transportation, a road
561	561	7 district, or other unit of local government relating to a
562	562	8 commercial wind energy facility or a commercial solar energy
563	563	9 facility, the road use agreement shall require the facility
564	564	10 owner to be responsible for (i) the reasonable cost of
565	565	11 improving roads used by the facility owner to construct the
566	566	12 commercial wind energy facility or the commercial solar energy
567	567	13 facility and (ii) the reasonable cost of repairing roads used
568	568	14 by the facility owner during construction of the commercial
569	569	15 wind energy facility or the commercial solar energy facility
570	570	16 so that those roads are in a condition that is safe for the
571	571	17 driving public after the completion of the facility's
572	572	18 construction. Roadways improved in preparation for and during
573	573	19 the construction of the commercial wind energy facility or
574	574	20 commercial solar energy facility shall be repaired and
575	575	21 restored to the improved condition at the reasonable cost of
576	576	22 the developer if the roadways have degraded or were damaged as
577	577	23 a result of construction-related activities.
578	578	24 The road use agreement shall not require the facility
579	579	25 owner to pay costs, fees, or charges for road work that is not
580	580	26 specifically and uniquely attributable to the construction of
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591	591	1 the commercial wind energy facility or the commercial solar
592	592	2 energy facility. Road-related fees, permit fees, or other
593	593	3 charges imposed by the Illinois Department of Transportation,
594	594	4 a road district, or other unit of local government under a road
595	595	5 use agreement with the facility owner shall be reasonably
596	596	6 related to the cost of administration of the road use
597	597	7 agreement.
598	598	8 (s-5) The facility owner shall also compensate landowners
599	599	9 for crop losses or other agricultural damages resulting from
600	600	10 damage to the drainage system caused by the construction of
601	601	11 the commercial wind energy facility or the commercial solar
602	602	12 energy facility. The commercial wind energy facility owner or
603	603	13 commercial solar energy facility owner shall repair or pay for
604	604	14 the repair of all damage to the subsurface drainage system
605	605	15 caused by the construction of the commercial wind energy
606	606	16 facility or the commercial solar energy facility in accordance
607	607	17 with the agriculture impact mitigation agreement requirements
608	608	18 for repair of drainage. The commercial wind energy facility
609	609	19 owner or commercial solar energy facility owner shall repair
610	610	20 or pay for the repair and restoration of surface drainage
611	611	21 caused by the construction or deconstruction of the commercial
612	612	22 wind energy facility or the commercial solar energy facility
613	613	23 as soon as reasonably practicable.
614	614	24 (t) Notwithstanding any other provision of law, a facility
615	615	25 owner with siting approval from a county to construct a
616	616	26 commercial wind energy facility or a commercial solar energy
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627	627	1 facility is authorized to cross or impact a drainage system,
628	628	2 including, but not limited to, drainage tiles, open drainage
629	629	3 ditches, culverts, and water gathering vaults, owned or under
630	630	4 the control of a drainage district under the Illinois Drainage
631	631	5 Code without obtaining prior agreement or approval from the
632	632	6 drainage district in accordance with the farmland drainage
633	633	7 plan required by subsection (j-5).
634	634	8 (u) The amendments to this Section adopted in Public Act
635	635	9 102-1123 do not apply to: (1) an application for siting
636	636	10 approval or for a special use permit for a commercial wind
637	637	11 energy facility or commercial solar energy facility if the
638	638	12 application was submitted to a unit of local government before
639	639	13 January 27, 2023 (the effective date of Public Act 102-1123);
640	640	14 (2) a commercial wind energy facility or a commercial solar
641	641	15 energy facility if the facility owner has submitted an
642	642	16 agricultural impact mitigation agreement to the Department of
643	643	17 Agriculture before January 27, 2023 (the effective date of
644	644	18 Public Act 102-1123); or (3) a commercial wind energy or
645	645	19 commercial solar energy development on property that is
646	646	20 located within an enterprise zone certified under the Illinois
647	647	21 Enterprise Zone Act, that was classified as industrial by the
648	648	22 appropriate zoning authority on or before January 27, 2023,
649	649	23 and that is located within 4 miles of the intersection of
650	650	24 Interstate 88 and Interstate 39.
651	651	25 (Source: P.A. 102-1123, eff. 1-27-23; 103-81, eff. 6-9-23;
652	652	26 103-580, eff. 12-8-23; revised 7-29-24.)
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