Illinois General Assembly - Full Text of HB3146
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Full Text of HB3146  103rd General Assembly

HB3146 103RD GENERAL ASSEMBLY

  
  

 


 
103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB3146

 

Introduced 2/17/2023, by Rep. Lance Yednock

 

SYNOPSIS AS INTRODUCED:
 
55 ILCS 5/5-12020
505 ILCS 147/15

    Amends the Counties Code. Modifies the setback distance of a wind tower from occupied community buildings and nonparticipating residences. Modifies provisions restricting the county's ability to enact standards for construction, decommissioning, or deconstruction of commercial wind energy facilities or commercial solar energy facilities that are more restrictive than those included in the Department of Agriculture's impact agreements. Includes provisions requiring a comprehensive agricultural drainage plan and agreements with drainage districts to cross or impact a drainage system. Amends the Renewable Energy Facilities Agricultural Impact Mitigation Act. Modifies provisions requiring a commercial renewable energy facility owner of a commercial wind energy facility or a commercial solar energy facility that is located on landowner property to enter into an agricultural impact mitigation agreement with the Department outlining construction and deconstruction standards and policies. Removes provisions requiring a commercial solar energy facility owner to submit, not less than 45 days prior to commencement of actual construction, to the Department a standard agricultural impact mitigation agreement signed by the commercial solar energy facility owner and including all information required by the Department. Makes other changes. Effective immediately.


LRB103 29289 AWJ 55676 b

 

 

A BILL FOR

 

HB3146LRB103 29289 AWJ 55676 b

1    AN ACT concerning government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Counties Code is amended by changing
5Section 5-12020 as follows:
 
6    (55 ILCS 5/5-12020)
7    Sec. 5-12020. Commercial wind energy facilities and
8commercial solar energy facilities.
9    (a) As used in this Section:
10    "Commercial solar energy facility" means a "commercial
11solar energy system" as defined in Section 10-720 of the
12Property Tax Code. "Commercial solar energy facility" does not
13mean a utility-scale solar energy facility being constructed
14at a site that was eligible to participate in a procurement
15event conducted by the Illinois Power Agency pursuant to
16subsection (c-5) of Section 1-75 of the Illinois Power Agency
17Act.
18    "Commercial wind energy facility" means a wind energy
19conversion facility of equal or greater than 500 kilowatts in
20total nameplate generating capacity. "Commercial wind energy
21facility" includes a wind energy conversion facility seeking
22an extension of a permit to construct granted by a county or
23municipality before the effective date of this amendatory Act

 

 

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1of the 102nd General Assembly.
2    "Facility owner" means (i) a person with a direct
3ownership interest in a commercial wind energy facility or a
4commercial solar energy facility, or both, regardless of
5whether the person is involved in acquiring the necessary
6rights, permits, and approvals or otherwise planning for the
7construction and operation of the facility, and (ii) at the
8time the facility is being developed, a person who is acting as
9a developer of the facility by acquiring the necessary rights,
10permits, and approvals or by planning for the construction and
11operation of the facility, regardless of whether the person
12will own or operate the facility.
13    "Nonparticipating property" means real property that is
14not a participating property.
15    "Nonparticipating residence" means a residence that is
16located on nonparticipating property and that is existing and
17occupied on the date that an application for a permit to
18develop the commercial wind energy facility or the commercial
19solar energy facility is filed with the county.
20    "Occupied community building" means any one or more of the
21following buildings that is existing and occupied on the date
22that the application for a permit to develop the commercial
23wind energy facility or the commercial solar energy facility
24is filed with the county: a school, place of worship, day care
25facility, public library, or community center.
26    "Participating property" means real property that is the

 

 

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1subject of a written agreement between a facility owner and
2the owner of the real property that provides the facility
3owner an easement, option, lease, or license to use the real
4property for the purpose of constructing a commercial wind
5energy facility, a commercial solar energy facility, or
6supporting facilities. "Participating property" also includes
7real property that is owned by a facility owner for the purpose
8of constructing a commercial wind energy facility, a
9commercial solar energy facility, or supporting facilities.
10    "Participating residence" means a residence that is
11located on participating property and that is existing and
12occupied on the date that an application for a permit to
13develop the commercial wind energy facility or the commercial
14solar energy facility is filed with the county.
15    "Protected lands" means real property that is:
16        (1) subject to a permanent conservation right
17    consistent with the Real Property Conservation Rights Act;
18    or
19        (2) registered or designated as a nature preserve,
20    buffer, or land and water reserve under the Illinois
21    Natural Areas Preservation Act.
22    "Supporting facilities" means the transmission lines,
23substations, access roads, meteorological towers, storage
24containers, and equipment associated with the generation and
25storage of electricity by the commercial wind energy facility
26or commercial solar energy facility.

 

 

HB3146- 4 -LRB103 29289 AWJ 55676 b

1    "Wind tower" includes the wind turbine tower, nacelle, and
2blades.
3    (b) Notwithstanding any other provision of law or whether
4the county has formed a zoning commission and adopted formal
5zoning under Section 5-12007, a county may establish standards
6for commercial wind energy facilities, commercial solar energy
7facilities, or both. The standards may include all of the
8requirements specified in this Section but may not include
9requirements for commercial wind energy facilities or
10commercial solar energy facilities that are more restrictive
11than specified in this Section. A county may also regulate the
12siting of commercial wind energy facilities with standards
13that are not more restrictive than the requirements specified
14in this Section in unincorporated areas of the county that are
15outside the zoning jurisdiction of a municipality and that are
16outside the 1.5-mile radius surrounding the zoning
17jurisdiction of a municipality.
18    (c) If a county has elected to establish standards under
19subsection (b), before the county grants siting approval or a
20special use permit for a commercial wind energy facility or a
21commercial solar energy facility, or modification of an
22approved siting or special use permit, the county board of the
23county in which the facility is to be sited or the zoning board
24of appeals for the county shall hold at least one public
25hearing. The public hearing shall be conducted in accordance
26with the Open Meetings Act and shall be held not more than 45

 

 

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1days after the filing of the application for the facility. The
2county shall allow interested parties to a special use permit
3an opportunity to present evidence and to cross-examine
4witnesses at the hearing, but the county may impose reasonable
5restrictions on the public hearing, including reasonable time
6limitations on the presentation of evidence and the
7cross-examination of witnesses. The county shall also allow
8public comment at the public hearing in accordance with the
9Open Meetings Act. The county shall make its siting and
10permitting decisions not more than 30 days after the
11conclusion of the public hearing. Notice of the hearing shall
12be published in a newspaper of general circulation in the
13county. A facility owner must enter into an agricultural
14impact mitigation agreement with the Department of Agriculture
15prior to the date of the required public hearing. A commercial
16wind energy facility owner seeking an extension of a permit
17granted by a county prior to July 24, 2015 (the effective date
18of Public Act 99-132) must enter into an agricultural impact
19mitigation agreement with the Department of Agriculture prior
20to a decision by the county to grant the permit extension.
21Counties may allow test wind towers or test solar energy
22systems to be sited without formal approval by the county
23board.
24    (d) A county with an existing zoning ordinance in conflict
25with this Section shall amend that zoning ordinance to be in
26compliance with this Section within 120 days after the

 

 

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1effective date of this amendatory Act of the 102nd General
2Assembly.
3    (e) A county may require:
4        (1) a wind tower of a commercial wind energy facility
5    to be sited as follows, with setback distances measured
6    from the center of the base of the wind tower:
 
7Setback Description           Setback Distance
 
8Occupied Community            1,320 feet or 3 2.1
9Buildings                     times the maximum blade tip
10                              height of the wind tower,
11                              whichever is greater, to the
12                              nearest point on the outside
13                              wall of the structure
 
14Participating Residences      1.1 times the maximum blade tip
15                              height of the wind tower to the
16                              nearest point on the outside
17                              wall of the structure
 
18Nonparticipating Residences   1,320 feet or 3 2.1 
19                              times the maximum blade tip
20                              height of the wind tower,
21                              whichever is greater, to the
22                              nearest point on the outside

 

 

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1                              wall of the structure
 
2Boundary Lines of             None
3Participating Property 
 
4Boundary Lines of             1.1 times the maximum blade tip
5Nonparticipating Property     height of the wind tower to the
6                              nearest point on the property
7                              line of the nonparticipating
8                              property
 
9Public Road Rights-of-Way     1.1 times the maximum blade tip
10                              height of the wind tower
11                              to the center point of the
12                              public road right-of-way
 
13Overhead Communication and    1.1 times the maximum blade tip
14Electric Transmission         height of the wind tower to the
15and Distribution Facilities   nearest edge of the property
16(Not Including Overhead       line, easement, or right of way 
17Utility Service Lines to      containing the overhead line
18Individual Houses or
19Outbuildings)
 
20Overhead Utility Service      None
21Lines to Individual

 

 

HB3146- 8 -LRB103 29289 AWJ 55676 b

1Houses or Outbuildings
 
2Fish and Wildlife Areas       2.1 times the maximum blade
3and Illinois Nature           tip height of the wind tower
4Preserve Commission           to the nearest point on the
5Protected Lands               property line of the fish and
6                              wildlife area or protected
7                              land
8    This Section does not exempt or excuse compliance with
9    electric facility clearances approved or required by the
10    National Electrical Code, The National Electrical Safety
11    Code, Illinois Commerce Commission, Federal Energy
12    Regulatory Commission, and their designees or successors.
 
13        (2) a wind tower of a commercial wind energy facility
14    to be sited so that industry standard computer modeling
15    indicates that any occupied community building or
16    nonparticipating residence will not experience more than
17    30 hours per year of shadow flicker under planned
18    operating conditions;
19        (3) a commercial solar energy facility to be sited as
20    follows, with setback distances measured from the nearest
21    edge of any component of the facility:
 
22Setback Description           Setback Distance
 

 

 

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1Occupied Community            150 feet from the nearest
2Buildings and Dwellings on    point on the outside wall 
3Nonparticipating Properties   of the structure
 
4Boundary Lines of             None
5Participating Property    
 
6Public Road Rights-of-Way     50 feet from the nearest
7                              edge
 
8Boundary Lines of             50 feet to the nearest
9Nonparticipating Property     point on the property
10                              line of the nonparticipating
11                              property
 
12        (4) a commercial solar energy facility to be sited so
13    that the facility's perimeter is enclosed by fencing
14    having a height of at least 6 feet and no more than 25
15    feet; and
16        (5) a commercial solar energy facility to be sited so
17    that no component of a solar panel has a height of more
18    than 20 feet above ground when the solar energy facility's
19    arrays are at full tilt.
20    The requirements set forth in this subsection (e) may be
21waived subject to the written consent of the owner of each
22affected nonparticipating property.

 

 

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1    (f) A county may not set a sound limitation for wind towers
2in commercial wind energy facilities or any components in
3commercial solar energy facility that is more restrictive than
4the sound limitations established by the Illinois Pollution
5Control Board under 35 Ill. Adm. Code Parts 900, 901, and 910.
6    (g) A county may not place any restriction on the
7installation or use of a commercial wind energy facility or a
8commercial solar energy facility unless it adopts an ordinance
9that complies with this Section. A county may not establish
10siting standards for supporting facilities that preclude
11development of commercial wind energy facilities or commercial
12solar energy facilities.
13    A request for siting approval or a special use permit for a
14commercial wind energy facility or a commercial solar energy
15facility, or modification of an approved siting or special use
16permit, shall be approved if the request is in compliance with
17the standards and conditions imposed in this Act, the zoning
18ordinance adopted consistent with this Code, and the
19conditions imposed under State and federal statutes and
20regulations.
21    (h) A county may not adopt zoning regulations that
22disallow, permanently or temporarily, commercial wind energy
23facilities or commercial solar energy facilities from being
24developed or operated in any district zoned to allow
25agricultural or industrial uses.
26    (i) A county may not require permit application fees for a

 

 

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1commercial wind energy facility or commercial solar energy
2facility that are unreasonable. All application fees imposed
3by the county shall be consistent with fees for projects in the
4county with similar capital value and cost.
5    (j) Except as otherwise provided in this Section, a county
6shall not require standards for construction, decommissioning,
7or deconstruction of a commercial wind energy facility or
8commercial solar energy facility or related financial
9assurances that are more restrictive than those included in
10the Department of Agriculture's standard wind farm
11agricultural impact mitigation agreement, template 81818, or
12standard solar agricultural impact mitigation agreement
13available on the Department of Agriculture's website at the
14time the commercial wind energy facility or commercial solar
15energy facility enters the agricultural impact mitigation
16agreement , version 8.19.19, as applicable and in effect on
17December 31, 2022. The amount of any decommissioning payment
18shall be in accordance with the financial assurance limited to
19the cost identified in the decommissioning or deconstruction
20plan, as required by those agricultural impact mitigation
21agreements, minus the salvage value of the project.
22    (j-5) A county shall require a comprehensive agricultural
23drainage plan that will mitigate any surface or subsurface
24drainage impacts on farmland within and outside the footprint
25of the proposed commercial wind energy facility or a
26commercial solar energy facility.

 

 

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1    (k) A county may not condition approval of a commercial
2wind energy facility or commercial solar energy facility on a
3property value guarantee and may not require a facility owner
4to pay into a neighboring property devaluation escrow account.
5    (l) A county may require certain vegetative screening
6surrounding a commercial wind energy facility or commercial
7solar energy facility but may not require earthen berms or
8similar structures.
9    (m) A county may set blade tip height limitations for wind
10towers in commercial wind energy facilities but may not set a
11blade tip height limitation that is more restrictive than the
12height allowed under a Determination of No Hazard to Air
13Navigation by the Federal Aviation Administration under 14 CFR
14Part 77.
15    (n) A county may require that a commercial wind energy
16facility owner or commercial solar energy facility owner
17provide:
18        (1) the results and recommendations from consultation
19    with the Illinois Department of Natural Resources that are
20    obtained through the Ecological Compliance Assessment Tool
21    (EcoCAT) or a comparable successor tool; and
22        (2) the results of the United States Fish and Wildlife
23    Service's Information for Planning and Consulting
24    environmental review or a comparable successor tool that
25    is consistent with (i) the "U.S. Fish and Wildlife
26    Service's Land-Based Wind Energy Guidelines" and (ii) any

 

 

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1    applicable United States Fish and Wildlife Service solar
2    wildlife guidelines that have been subject to public
3    review.
4    (o) A county may require a commercial wind energy facility
5or commercial solar energy facility to adhere to the
6recommendations provided by the Illinois Department of Natural
7Resources in an EcoCAT natural resource review report under 17
8Ill. Admin. Code Part 1075.
9    (p) A county may require a facility owner to:
10        (1) demonstrate avoidance of protected lands as
11    identified by the Illinois Department of Natural Resources
12    and the Illinois Nature Preserve Commission; or
13        (2) consider the recommendations of the Illinois
14    Department of Natural Resources for setbacks from
15    protected lands, including areas identified by the
16    Illinois Nature Preserve Commission.
17    (q) A county may require that a facility owner provide
18evidence of consultation with the Illinois State Historic
19Preservation Office to assess potential impacts on
20State-registered historic sites under the Illinois State
21Agency Historic Resources Preservation Act.
22    (r) To maximize community benefits, including, but not
23limited to, reduced stormwater runoff, flooding, and erosion
24at the ground mounted solar energy system, improved soil
25health, and increased foraging habitat for game birds,
26songbirds, and pollinators, a county may (1) require a

 

 

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1commercial solar energy facility owner to plant, establish,
2and maintain for the life of the facility vegetative ground
3cover, consistent with the goals of the Pollinator-Friendly
4Solar Site Act and (2) require the submittal of a vegetation
5management plan that is in compliance with the agricultural
6impact mitigation agreement in the application to construct
7and operate a commercial solar energy facility in the county.
8    No later than 90 days after the effective date of this
9amendatory Act of the 102nd General Assembly, the Illinois
10Department of Natural Resources shall develop guidelines for
11vegetation management plans that may be required under this
12subsection for commercial solar energy facilities. The
13guidelines must include guidance for short-term and long-term
14property management practices that provide and maintain native
15and non-invasive naturalized perennial vegetation to protect
16the health and well-being of pollinators.
17    (s) If a facility owner enters into a road use agreement
18with the Illinois Department of Transportation, a road
19district, or other unit of local government relating to a
20commercial wind energy facility or a commercial solar energy
21facility, the road use agreement shall require the facility
22owner to be responsible for (i) the reasonable cost of
23improving roads used by the facility owner to construct the
24commercial wind energy facility or the commercial solar energy
25facility and (ii) the reasonable cost of repairing roads used
26by the facility owner during construction of the commercial

 

 

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1wind energy facility or the commercial solar energy facility
2so that those roads are in a condition that is safe for the
3driving public after the completion of the facility's
4construction. Roadways improved in preparation for and during
5the construction of the commercial wind energy facility or
6commercial solar energy facility shall be repaired and
7restored to the improved condition at the reasonable cost of
8the developer if the roadways have degraded or were damaged as
9a result of construction-related activities.
10    The road use agreement shall not require the facility
11owner to pay costs, fees, or charges for road work that is not
12specifically and uniquely attributable to the construction of
13the commercial wind energy facility or the commercial solar
14energy facility. Road-related fees, permit fees, or other
15charges imposed by the Illinois Department of Transportation,
16a road district, or other unit of local government under a road
17use agreement with the facility owner shall be reasonably
18related to the cost of administration of the road use
19agreement.
20    (s-5) A facility owner with siting approval from a county
21to construct a commercial wind energy facility or a commercial
22solar energy facility must reach an agreement with a drainage
23district under the Illinois Drainage Code to cross or impact a
24drainage system, including, but not limited to, drainage
25tiles, open drainage districts, culverts, and water gathering
26vaults, owned or under the control of the drainage district.

 

 

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1The facility owner shall repair or pay for the repair of all
2damage to the drainage system caused by the construction of
3the commercial wind energy facility or the commercial solar
4energy facility in accordance with the agricultural impact
5mitigation agreement requirements for repair of drainage. The
6facility owner shall also compensate landowners within the
7drainage district for crop losses or other agricultural
8damages resulting from damage to the drainage system caused by
9the construction of the commercial wind energy facility or the
10commercial solar energy facility.
11    (t) Notwithstanding any other provision of law, a facility
12owner with siting approval from a county to construct a
13commercial wind energy facility or a commercial solar energy
14facility is authorized to cross or impact a drainage system,
15including, but not limited to, drainage tiles, open drainage
16districts, culverts, and water gathering vaults, owned or
17under the control of a drainage district under the Illinois
18Drainage Code without obtaining prior agreement or approval
19from the drainage district, except that the facility owner
20shall repair or pay for the repair of all damage to the
21drainage system caused by the construction of the commercial
22wind energy facility or the commercial solar energy facility
23within a reasonable time after construction of the commercial
24wind energy facility or the commercial solar energy facility
25is complete.
26    (u) The amendments to this Section adopted in this

 

 

HB3146- 17 -LRB103 29289 AWJ 55676 b

1amendatory Act of the 102nd General Assembly do not apply to
2(1) an application for siting approval or for a special use
3permit for a commercial wind energy facility or commercial
4solar energy facility if the application was submitted to a
5unit of local government before the effective date of this
6amendatory Act of the 102nd General Assembly or (2) a
7commercial wind energy facility or a commercial solar energy
8facility if the facility owner has submitted an agricultural
9impact mitigation agreement to the Department of Agriculture
10before the effective date of this amendatory Act of the 102nd
11General Assembly.
12(Source: P.A. 101-4, eff. 4-19-19; 102-1123, eff. 1-27-23.)
 
13    Section 10. The Renewable Energy Facilities Agricultural
14Impact Mitigation Act is amended by changing Section 15 as
15follows:
 
16    (505 ILCS 147/15)
17    Sec. 15. Agricultural impact mitigation agreement.
18    (a) A commercial renewable energy facility owner of a
19commercial wind energy facility or a commercial solar energy
20facility that is located on landowner property shall enter
21into an agricultural impact mitigation agreement with the
22Department outlining construction and deconstruction standards
23and policies designed to preserve the integrity of any
24agricultural land that is impacted by commercial renewable

 

 

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1energy facility construction and deconstruction. The
2construction and deconstruction of any commercial wind energy
3facility or commercial solar energy facility shall be in
4conformance with the Department's standard agricultural impact
5mitigation agreement referenced in subsection (f) of this
6Section, except where the commercial renewable energy facility
7owner is subject to terms and conditions of an underlying
8agreement between the landowner and the commercial renewable
9energy facility owner that are more restrictive than the terms
10and conditions of the standard agricultural impact mitigation
11agreement. The Department or the county in which the
12commercial wind energy facility or commercial solar energy
13facility is to be located may halt the construction or
14deconstruction of a commercial wind energy facility or a
15commercial solar energy facility that does not meet or exceed
16the terms and conditions included in the Department's standard
17agricultural impact mitigation agreement referenced in
18subsection (f) of this Section. Except as provided in
19subsection (a-5) of this Section, the terms and conditions of
20the Department's standard agricultural impact mitigation
21agreement are subject to and may be modified by an underlying
22agreement between the landowner and the commercial solar
23energy facility owner.
24    (a-5) Prior to the commencement of construction, a
25commercial renewable energy facility owner of a commercial
26wind energy facility or a commercial solar energy facility

 

 

HB3146- 19 -LRB103 29289 AWJ 55676 b

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

 

 

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

 

 

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1mitigation agreement shall be entered into prior to the public
2hearing required prior to a siting decision of a county or
3municipality regarding the commercial wind energy facility.
4The agricultural impact mitigation agreement is binding on any
5subsequent commercial wind energy facility owner that takes
6ownership of the commercial wind energy facility that is the
7subject of the agreement.
8    (c-5) (Blank). A commercial solar energy facility owner
9shall, not less than 45 days prior to commencement of actual
10construction, submit to the Department a standard agricultural
11impact mitigation agreement as referenced in subsection (f) of
12this Section signed by the commercial solar energy facility
13owner and including all information required by the
14Department. The commercial solar energy facility owner shall
15provide either a copy of that submitted agreement or a copy of
16the fully executed project-specific agricultural impact
17mitigation agreement to the landowner not less than 30 days
18prior to the commencement of construction. The agricultural
19impact mitigation agreement is binding on any subsequent
20commercial solar energy facility owner that takes ownership of
21the commercial solar energy facility that is the subject of
22the agreement.
23    (d) If a commercial renewable energy facility owner seeks
24an extension of a permit granted by a county or municipality
25for the construction of a commercial wind energy facility
26prior to the effective date of this Act, the agricultural

 

 

HB3146- 22 -LRB103 29289 AWJ 55676 b

1impact mitigation agreement shall be entered into prior to a
2decision by the county or municipality to grant the permit
3extension.
4    (e) The Department may adopt rules that are necessary and
5appropriate for the implementation and administration of
6agricultural impact mitigation agreements as required under
7this Act.
8    (f) The Department shall make available on its website a
9standard agricultural impact mitigation agreement applicable
10to all commercial wind energy facilities or commercial solar
11energy facilities within 60 days after the effective date of
12this amendatory Act of the 100th General Assembly.
13    (g) Nothing in this amendatory Act of the 100th General
14Assembly and nothing in an agricultural impact mitigation
15agreement shall be construed to apply to or otherwise impair
16an underlying agreement for a commercial solar energy facility
17entered into prior to the effective date of this amendatory
18Act of the 100th General Assembly.
19(Source: P.A. 99-132, eff. 7-24-15; 100-598, eff. 6-29-18.)
 
20    Section 99. Effective date. This Act takes effect upon
21becoming law.