103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
SB3103

 

Introduced 2/2/2024, by Sen. Craig Wilcox

 

SYNOPSIS AS INTRODUCED:
 
60 ILCS 1/110-11 new
505 ILCS 147/15

    Amends the Township Code. Provides that a township may regulate commercial wind energy facilities, commercial solar energy facilities, or both. Provides that a township may use any of its zoning powers in the regulation of commercial wind energy facilities and commercial solar energy facilities and may prohibit commercial wind energy facilities, commercial solar energy facilities, or both. Provides that a township's regulations over commercial wind energy facilities and commercial solar energy facilities shall prevail over county regulations but not over municipal regulations. Defines terms. Amends the Renewable Energy Facilities Agricultural Impact Mitigation Act making conforming changes. Effective immediately.


LRB103 37924 AWJ 68056 b

 

 

A BILL FOR

 

SB3103LRB103 37924 AWJ 68056 b

1    AN ACT concerning local government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Township Code is amended by adding Section
5110-11 as follows:
 
6    (60 ILCS 1/110-11 new)
7    Sec. 110-11. Commercial solar and wind energy facilities.
8    (a) As used in this Section:
9    "Commercial solar energy facility" means a "commercial
10solar energy system" as defined in Section 10-720 of the
11Property Tax Code. "Commercial solar energy facility" does not
12mean a utility-scale solar energy facility being constructed
13at a site that was eligible to participate in a procurement
14event conducted by the Illinois Power Agency pursuant to
15subsection (c-5) of Section 1-75 of the Illinois Power Agency
16Act.
17    "Commercial wind energy facility" means a wind energy
18conversion facility of equal or greater than 500 kilowatts in
19total nameplate generating capacity.
20    (b) Notwithstanding any other provision of law, including
21Section 5-12020 of the Counties Code, a township may regulate
22commercial wind energy facilities, commercial solar energy
23facilities, or both. A township's power to regulate commercial

 

 

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1wind energy facilities and commercial solar energy facilities
2includes all powers granted under Section 110-10 and the power
3to prohibit commercial wind energy facilities, commercial
4solar energy facilities, or both.
5    (c) To the extent that a township's regulation of
6commercial wind energy facilities or commercial solar energy
7facilities conflicts with a county's regulation of commercial
8wind energy facilities or commercial solar energy facilities,
9the township's regulations prevail. To the extent that a
10township's regulation of commercial wind energy facilities or
11commercial solar energy facilities conflict with a
12municipality's regulation of commercial wind energy facilities
13or commercial solar energy facilities, the municipality's
14regulations prevail, including in the 1.5-mile radius
15surrounding the municipality's zoning jurisdiction as provided
16in Section 11-13-26 of the Illinois Municipal Code.
 
17    Section 10. The Renewable Energy Facilities Agricultural
18Impact Mitigation Act is amended by changing Section 15 as
19follows:
 
20    (505 ILCS 147/15)
21    Sec. 15. Agricultural impact mitigation agreement.
22    (a) A commercial renewable energy facility owner of a
23commercial wind energy facility or a commercial solar energy
24facility that is located on landowner property shall enter

 

 

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1into an agricultural impact mitigation agreement with the
2Department outlining construction and deconstruction standards
3and policies designed to preserve the integrity of any
4agricultural land that is impacted by commercial renewable
5energy facility construction and deconstruction. The
6construction and deconstruction of any commercial solar energy
7facility shall be in conformance with the Department's
8standard agricultural impact mitigation agreement referenced
9in subsection (f) of this Section. Except as provided in
10subsection (a-5) of this Section, the terms and conditions of
11the Department's standard agricultural impact mitigation
12agreement are subject to and may be modified by an underlying
13agreement between the landowner and the commercial solar
14energy facility owner.
15    (a-5) Prior to the commencement of construction, a
16commercial solar energy facility owner shall submit to the
17county or township in which the commercial solar facility is
18to be located a deconstruction plan. A commercial solar energy
19facility owner shall provide the county or township with an
20appropriate financial assurance mechanism consistent with the
21Department's standard agricultural impact mitigation agreement
22for and to assure deconstruction in the event of an
23abandonment of a commercial solar energy facility.
24    (b) The agricultural impact mitigation agreement for a
25commercial wind energy facility shall include, but is not
26limited to, such items as restoration of agricultural land

 

 

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1affected by construction, deconstruction (including upon
2abandonment of a commercial wind energy facility),
3construction staging, and storage areas; support structures;
4aboveground facilities; guy wires and anchors; underground
5cabling depth; topsoil replacement; protection and repair of
6agricultural drainage tiles; rock removal; repair of
7compaction and rutting; land leveling; prevention of soil
8erosion; repair of damaged soil conservation practices;
9compensation for damages to private property; clearing of
10trees and brush; interference with irrigation systems; access
11roads; weed control; pumping of water from open excavations;
12advance notice of access to private property; indemnification
13of landowners; and deconstruction plans and financial
14assurance for deconstruction (including upon abandonment of a
15commercial wind energy facility).
16    (b-5) The agricultural impact mitigation agreement for a
17commercial solar energy facility shall include, but is not
18limited to, such items as restoration of agricultural land
19affected by construction, deconstruction (including upon
20abandonment of a commercial solar energy facility); support
21structures; aboveground facilities; guy wires and anchors;
22underground cabling depth; topsoil removal and replacement;
23rerouting and permanent repair of agricultural drainage tiles;
24rock removal; repair of compaction and rutting; construction
25during wet weather; land leveling; prevention of soil erosion;
26repair of damaged soil conservation practices; compensation

 

 

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1for damages to private property; clearing of trees and brush;
2access roads; weed control; advance notice of access to
3private property; indemnification of landowners; and
4deconstruction plans and financial assurance for
5deconstruction (including upon abandonment of a commercial
6solar energy facility). The commercial solar energy facility
7owner shall enter into one agricultural impact mitigation
8agreement for each commercial solar energy facility.
9    (c) For commercial wind energy facility owners seeking a
10permit from a county, township, or municipality for the
11construction of a commercial wind energy facility, the
12agricultural impact mitigation agreement shall be entered into
13prior to the public hearing required prior to a siting
14decision of a county, township, or municipality regarding the
15commercial wind energy facility. The agricultural impact
16mitigation agreement is binding on any subsequent commercial
17wind energy facility owner that takes ownership of the
18commercial wind energy facility that is the subject of the
19agreement.
20    (c-5) A commercial solar energy facility owner shall, not
21less than 45 days prior to commencement of actual
22construction, submit to the Department a standard agricultural
23impact mitigation agreement as referenced in subsection (f) of
24this Section signed by the commercial solar energy facility
25owner and including all information required by the
26Department. The commercial solar energy facility owner shall

 

 

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1provide either a copy of that submitted agreement or a copy of
2the fully executed project-specific agricultural impact
3mitigation agreement to the landowner not less than 30 days
4prior to the commencement of construction. The agricultural
5impact mitigation agreement is binding on any subsequent
6commercial solar energy facility owner that takes ownership of
7the commercial solar energy facility that is the subject of
8the agreement.
9    (d) If a commercial renewable energy facility owner seeks
10an extension of a permit granted by a county or municipality
11for the construction of a commercial wind energy facility
12prior to the effective date of this Act, the agricultural
13impact mitigation agreement shall be entered into prior to a
14decision by the county or municipality to grant the permit
15extension.
16    (e) The Department may adopt rules that are necessary and
17appropriate for the implementation and administration of
18agricultural impact mitigation agreements as required under
19this Act.
20    (f) The Department shall make available on its website a
21standard agricultural impact mitigation agreement applicable
22to all commercial solar energy facilities within 60 days after
23the effective date of this amendatory Act of the 100th General
24Assembly.
25    (g) Nothing in this amendatory Act of the 100th General
26Assembly and nothing in an agricultural impact mitigation

 

 

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1agreement shall be construed to apply to or otherwise impair
2an underlying agreement for a commercial solar energy facility
3entered into prior to the effective date of this amendatory
4Act of the 100th General Assembly.
5(Source: P.A. 99-132, eff. 7-24-15; 100-598, eff. 6-29-18.)
 
6    Section 99. Effective date. This Act takes effect upon
7becoming law.