Full Text of HB3445 103rd General Assembly
HB3445sam002 103RD GENERAL ASSEMBLY | Sen. Steve Stadelman Filed: 5/19/2023
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| 1 | | AMENDMENT TO HOUSE BILL 3445
| 2 | | AMENDMENT NO. ______. Amend House Bill 3445 on page 1, | 3 | | line 5, by inserting "and adding Section 1-129"; and | 4 | | on page 173, immediately below line 3, by inserting the | 5 | | following:
| 6 | | "(20 ILCS 3855/1-129 new) | 7 | | Sec. 1-129. Policy study. | 8 | | (a) The General Assembly finds that: | 9 | | (1) in 2021, Illinois became the first state in the | 10 | | Midwest to mandate a clean energy future when it enacted | 11 | | the Climate and Equitable Jobs Act (Public Act 102-662); | 12 | | (2) through the Climate and Equitable Jobs Act, | 13 | | Illinois established a plan to completely decarbonize its | 14 | | energy sector by 2050 in an equitable manner that invests | 15 | | in the State's workforce; | 16 | | (3) technology in the energy sector continues to |
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| 1 | | advance creating cleaner and more efficient options to | 2 | | help the State attain the target of 50% renewable energy | 3 | | by 2040; and | 4 | | (4) while numerous legislative proposals purport to | 5 | | help the State on its path to equitably attain 100% clean | 6 | | energy, it is important to have a neutral party with | 7 | | relevant expertise evaluate each proposal to ensure it is | 8 | | consistent with the State's goals and maximizes benefits | 9 | | to Illinois residents. | 10 | | (b) The General Assembly intends: | 11 | | (1) to prioritize the public interest over the profit | 12 | | motives of utilities and private developers; and | 13 | | (2) to invest in projects that reduce harmful | 14 | | emissions and contribute to the clean economy. | 15 | | (c) The Agency shall commission and publish a policy study | 16 | | to evaluate the potential impacts of the proposals described | 17 | | in subsection (g). The potential impacts may include, but are | 18 | | not limited to, support for Illinois' decarbonization goals, | 19 | | the environment, grid reliability, carbon and other pollutant | 20 | | emissions, resource adequacy, long-term and short-term | 21 | | electric rates, environmental justice communities, jobs, and | 22 | | the economy. Where applicable, the study shall address the | 23 | | impact of a proposal with respect to reports by the | 24 | | Midcontinent Independent System Operator, PJM, and National | 25 | | Energy Reliability Council staff that Illinois has begun to | 26 | | experience resource adequacy issues. |
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| 1 | | (d) The Agency shall retain the services of technical and | 2 | | policy experts with energy market and other relevant fields of | 3 | | expertise. The technical and policy experts may include the | 4 | | existing planning and procurement consultant and applicable | 5 | | subcontractors and the procurement administrator and | 6 | | applicable subcontractors. The Illinois Commerce Commission, | 7 | | the Illinois Environmental Protection Agency, and the | 8 | | Department of Commerce and Economic Opportunity shall provide | 9 | | support to and consult with the Agency. The Agency may consult | 10 | | with other State agencies, commissions, or task forces as | 11 | | needed. The Agency may consult with and seek assistance from | 12 | | the Regional Transmission Organizations PJM and MISO | 13 | | (e) The Agency may solicit information, including | 14 | | confidential or proprietary information, from entities likely | 15 | | to be impacted by the proposals described in subsection (g) | 16 | | for purposes of this study. Any confidential or proprietary | 17 | | information shall be kept confidential and is not subject to | 18 | | disclosure under the Freedom of Information Act. | 19 | | (f) The Agency shall publish a final policy study no later | 20 | | than February 15, 2024 and suitable copies shall be delivered | 21 | | to the Governor and members of the General Assembly. Prior to | 22 | | publishing the final policy study, the Agency shall publish a | 23 | | preliminary draft of the policy study and provide for a 20-day | 24 | | open public comment period. The Agency shall review public | 25 | | comments and publish a final policy study no later than 20 days | 26 | | after the public comment period ends. The policy study shall |
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| 1 | | include policy recommendations to the General Assembly. | 2 | | (g) The policy study shall evaluate the following | 3 | | proposals and may consider or suggest additional or | 4 | | alternative items: | 5 | | (1) House Bill 2132 of the 103rd General Assembly as | 6 | | it passed out of the House on March 24, 2023 or a similar | 7 | | pilot program to establish one new utility-scale offshore | 8 | | wind project capable of producing at least 700,000 | 9 | | megawatt hours annually for at least 20 years in Lake | 10 | | Michigan that includes an equity and inclusion plan to | 11 | | create job opportunities for underrepresented populations | 12 | | in addition to equity investment eligible communities and | 13 | | a fully executed project labor agreement. The pilot | 14 | | program may result in an increase in the amounts paid by | 15 | | eligible retail customers in connection with electric | 16 | | service that shall not exceed 0.25% of the amount paid per | 17 | | kilowatt hour by those customers during the year ending | 18 | | May 31, 2009. | 19 | | (2) Senate Bill 1587 and amendments to Senate Bill | 20 | | 1587 of the 103rd General Assembly filed prior to May 31, | 21 | | 2023 or a similar proposal for the deployment of energy | 22 | | storage systems supported by the State through the | 23 | | development of energy storage credit targets for the | 24 | | Agency to procure on behalf of Illinois electric utilities | 25 | | from privately owned, large scale energy storage providers | 26 | | using energy storage contracts of at least 15 year |
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| 1 | | durations based on a competitive energy storage | 2 | | procurement plan developed by the Agency designed to | 3 | | enhance overall grid reliability, flexibility and | 4 | | efficiency, and to lower electricity prices. The plan must | 5 | | require participants to comply with the equity | 6 | | accountability system requirements in subsection (c-10) of | 7 | | Section 1-75 and to submit proof of project labor | 8 | | agreements. For purposes of this policy study, it should | 9 | | be assumed that the costs associated with procuring energy | 10 | | storage credits shall be recovered through tariffed | 11 | | charges assessed across all retail customers in a uniform | 12 | | cents per kilowatt hour charge. In addition to large scale | 13 | | energy storage, the proposal shall also include the | 14 | | creation of distributed level energy storage programs | 15 | | through utility tariffs as approved by the Illinois | 16 | | Commerce Commission. The programs shall include a | 17 | | residential and a commercial storage program that would | 18 | | allow customer-sited batteries to provide grid benefits | 19 | | and cost-savings to ratepayers. The proposal shall also | 20 | | include a community solar energy storage program intended | 21 | | to serve as a peak reduction program by utilizing | 22 | | community solar paired storage projects deployed daily in | 23 | | summer months during peak hours. The installation of the | 24 | | energy storage systems associated with these distributed | 25 | | renewable systems must comply with the prevailing wage | 26 | | requirements described in subparagraph (Q) of paragraph |
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| 1 | | (1) of subsection (c) of Section 1-75. | 2 | | (3) Reforms to the Agency's capacity procurement | 3 | | process described in Senate Bill 2552 of the 103rd General | 4 | | Assembly, including developing capacity procurement plans | 5 | | for alternative retail electric suppliers and a capacity | 6 | | procurement plan designed to ensure long-term resource | 7 | | adequacy at the lowest environmentally safe cost over | 8 | | time. The study shall analyze whether the current capacity | 9 | | programs operated by PJM and MISO are effectively serving | 10 | | the ratepayers of Illinois and whether changes are needed | 11 | | to the way in which capacity is procured in Illinois. The | 12 | | study shall evaluate the effectiveness of the potential | 13 | | for new capacity procurement processes, as contemplated by | 14 | | this proposal, at the Agency to provide for reliable and | 15 | | costs effective energy service by guaranteeing adequate | 16 | | capacity reserves compared to those operated by PJM and | 17 | | MISO. | 18 | | (4) A policy granting incumbent electric transmission | 19 | | owners the right to construct, own, and maintain electric | 20 | | transmission lines approved for construction in a | 21 | | comprehensive transmission plan designed to connect | 22 | | facilities owned by the incumbent electric transmission | 23 | | owner under the functional control of a regional | 24 | | transmission operator. The policy must include the right | 25 | | for an incumbent electric transmission line owner to | 26 | | assign its right to construct, own, and maintain an |
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| 1 | | electric transmission line to a transmission affiliate. | 2 | | The study shall report on the issues arising from | 3 | | oversight of the Illinois grid being split between 2 | 4 | | different regional transmission operators and the | 5 | | challenges that causes regarding proper transmission | 6 | | planning and in infrastructure investment to support | 7 | | existing and new electric generation facilities that do | 8 | | not emit carbon dioxide, including renewable energy | 9 | | resources. The study shall also report on the differences | 10 | | and relative effectiveness between PJM and MISO on their | 11 | | capacity and transmission planning. The study shall also | 12 | | evaluate the rate impact, timeliness, and efficiency of | 13 | | transmission line projects, in other states if necessary, | 14 | | constructed by public utilities compared to those | 15 | | constructed by private entities. | 16 | | As used in this paragraph: | 17 | | "Electric transmission line" means a transmission line | 18 | | that is designed and constructed with the capability of | 19 | | being safely and reliably energized at 100 kilovolts or | 20 | | more and its associated transmission facilities, including | 21 | | transmission substations. | 22 | | "Incumbent electric transmission line" means any | 23 | | public utility or electric cooperative that owns, | 24 | | operates, and maintains at least one electric transmission | 25 | | line in this State. | 26 | | (5) A policy establishing high voltage direct current |
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| 1 | | renewable energy credits that requires the Agency to | 2 | | procure contracts with at least 25 years but no more than | 3 | | 40 years duration for the delivery of renewable energy | 4 | | credits on behalf of electric utilities in Illinois with | 5 | | at least 300,000 customers from a high voltage direct | 6 | | current transmission facility with more than 100 miles of | 7 | | underground transmission lines in this State capable of | 8 | | transmitting electricity at or above 525 kilovolts and | 9 | | delivering power in the PJM market. High voltage direct | 10 | | current renewable energy credits procured by the Agency | 11 | | pursuant to this policy would not count toward the | 12 | | renewable energy credit purchase targets in subsection (c) | 13 | | of Section 1-75. The study shall also evaluate the power | 14 | | price impact, including net rate impact, to Illinois | 15 | | ratepayers. The study shall evaluate whether a 25-year to | 16 | | 40-year guaranteed contract is necessary to build such a | 17 | | project. The study shall also evaluate whether the policy | 18 | | creates incentives for renewable development in states | 19 | | that do not share Illinois' commitment to fair labor and | 20 | | equity standards. | 21 | | Section 10. The Illinois Procurement Code is amended by | 22 | | changing Section 1-10 as follows:
| 23 | | (30 ILCS 500/1-10)
| 24 | | Sec. 1-10. Application.
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| 1 | | (a) This Code applies only to procurements for which | 2 | | bidders, offerors, potential contractors, or contractors were | 3 | | first
solicited on or after July 1, 1998. This Code shall not | 4 | | be construed to affect
or impair any contract, or any | 5 | | provision of a contract, entered into based on a
solicitation | 6 | | prior to the implementation date of this Code as described in
| 7 | | Article 99, including, but not limited to, any covenant | 8 | | entered into with respect
to any revenue bonds or similar | 9 | | instruments.
All procurements for which contracts are | 10 | | solicited between the effective date
of Articles 50 and 99 and | 11 | | July 1, 1998 shall be substantially in accordance
with this | 12 | | Code and its intent.
| 13 | | (b) This Code shall apply regardless of the source of the | 14 | | funds with which
the contracts are paid, including federal | 15 | | assistance moneys. This
Code shall
not apply to:
| 16 | | (1) Contracts between the State and its political | 17 | | subdivisions or other
governments, or between State | 18 | | governmental bodies, except as specifically provided in | 19 | | this Code.
| 20 | | (2) Grants, except for the filing requirements of | 21 | | Section 20-80.
| 22 | | (3) Purchase of care, except as provided in Section | 23 | | 5-30.6 of the Illinois Public Aid
Code and this Section.
| 24 | | (4) Hiring of an individual as an employee and not as | 25 | | an independent
contractor, whether pursuant to an | 26 | | employment code or policy or by contract
directly with |
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| 1 | | that individual.
| 2 | | (5) Collective bargaining contracts.
| 3 | | (6) Purchase of real estate, except that notice of | 4 | | this type of contract with a value of more than $25,000 | 5 | | must be published in the Procurement Bulletin within 10 | 6 | | calendar days after the deed is recorded in the county of | 7 | | jurisdiction. The notice shall identify the real estate | 8 | | purchased, the names of all parties to the contract, the | 9 | | value of the contract, and the effective date of the | 10 | | contract.
| 11 | | (7) Contracts necessary to prepare for anticipated | 12 | | litigation, enforcement
actions, or investigations, | 13 | | provided
that the chief legal counsel to the Governor | 14 | | shall give his or her prior
approval when the procuring | 15 | | agency is one subject to the jurisdiction of the
Governor, | 16 | | and provided that the chief legal counsel of any other | 17 | | procuring
entity
subject to this Code shall give his or | 18 | | her prior approval when the procuring
entity is not one | 19 | | subject to the jurisdiction of the Governor.
| 20 | | (8) (Blank).
| 21 | | (9) Procurement expenditures by the Illinois | 22 | | Conservation Foundation
when only private funds are used.
| 23 | | (10) (Blank). | 24 | | (11) Public-private agreements entered into according | 25 | | to the procurement requirements of Section 20 of the | 26 | | Public-Private Partnerships for Transportation Act and |
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| 1 | | design-build agreements entered into according to the | 2 | | procurement requirements of Section 25 of the | 3 | | Public-Private Partnerships for Transportation Act. | 4 | | (12) (A) Contracts for legal, financial, and other | 5 | | professional and artistic services entered into by the | 6 | | Illinois Finance Authority in which the State of Illinois | 7 | | is not obligated. Such contracts shall be awarded through | 8 | | a competitive process authorized by the members of the | 9 | | Illinois Finance Authority and are subject to Sections | 10 | | 5-30, 20-160, 50-13, 50-20, 50-35, and 50-37 of this Code, | 11 | | as well as the final approval by the members of the | 12 | | Illinois Finance Authority of the terms of the contract. | 13 | | (B) Contracts for legal and financial services entered | 14 | | into by the Illinois Housing Development Authority in | 15 | | connection with the issuance of bonds in which the State | 16 | | of Illinois is not obligated. Such contracts shall be | 17 | | awarded through a competitive process authorized by the | 18 | | members of the Illinois Housing Development Authority and | 19 | | are subject to Sections 5-30, 20-160, 50-13, 50-20, 50-35, | 20 | | and 50-37 of this Code, as well as the final approval by | 21 | | the members of the Illinois Housing Development Authority | 22 | | of the terms of the contract. | 23 | | (13) Contracts for services, commodities, and | 24 | | equipment to support the delivery of timely forensic | 25 | | science services in consultation with and subject to the | 26 | | approval of the Chief Procurement Officer as provided in |
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| 1 | | subsection (d) of Section 5-4-3a of the Unified Code of | 2 | | Corrections, except for the requirements of Sections | 3 | | 20-60, 20-65, 20-70, and 20-160 and Article 50 of this | 4 | | Code; however, the Chief Procurement Officer may, in | 5 | | writing with justification, waive any certification | 6 | | required under Article 50 of this Code. For any contracts | 7 | | for services which are currently provided by members of a | 8 | | collective bargaining agreement, the applicable terms of | 9 | | the collective bargaining agreement concerning | 10 | | subcontracting shall be followed. | 11 | | On and after January 1, 2019, this paragraph (13), | 12 | | except for this sentence, is inoperative. | 13 | | (14) Contracts for participation expenditures required | 14 | | by a domestic or international trade show or exhibition of | 15 | | an exhibitor, member, or sponsor. | 16 | | (15) Contracts with a railroad or utility that | 17 | | requires the State to reimburse the railroad or utilities | 18 | | for the relocation of utilities for construction or other | 19 | | public purpose. Contracts included within this paragraph | 20 | | (15) shall include, but not be limited to, those | 21 | | associated with: relocations, crossings, installations, | 22 | | and maintenance. For the purposes of this paragraph (15), | 23 | | "railroad" means any form of non-highway ground | 24 | | transportation that runs on rails or electromagnetic | 25 | | guideways and "utility" means: (1) public utilities as | 26 | | defined in Section 3-105 of the Public Utilities Act, (2) |
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| 1 | | telecommunications carriers as defined in Section 13-202 | 2 | | of the Public Utilities Act, (3) electric cooperatives as | 3 | | defined in Section 3.4 of the Electric Supplier Act, (4) | 4 | | telephone or telecommunications cooperatives as defined in | 5 | | Section 13-212 of the Public Utilities Act, (5) rural | 6 | | water or waste water systems with 10,000 connections or | 7 | | less, (6) a holder as defined in Section 21-201 of the | 8 | | Public Utilities Act, and (7) municipalities owning or | 9 | | operating utility systems consisting of public utilities | 10 | | as that term is defined in Section 11-117-2 of the | 11 | | Illinois Municipal Code. | 12 | | (16) Procurement expenditures necessary for the | 13 | | Department of Public Health to provide the delivery of | 14 | | timely newborn screening services in accordance with the | 15 | | Newborn Metabolic Screening Act. | 16 | | (17) Procurement expenditures necessary for the | 17 | | Department of Agriculture, the Department of Financial and | 18 | | Professional Regulation, the Department of Human Services, | 19 | | and the Department of Public Health to implement the | 20 | | Compassionate Use of Medical Cannabis Program and Opioid | 21 | | Alternative Pilot Program requirements and ensure access | 22 | | to medical cannabis for patients with debilitating medical | 23 | | conditions in accordance with the Compassionate Use of | 24 | | Medical Cannabis Program Act. | 25 | | (18) This Code does not apply to any procurements | 26 | | necessary for the Department of Agriculture, the |
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| 1 | | Department of Financial and Professional Regulation, the | 2 | | Department of Human Services, the Department of Commerce | 3 | | and Economic Opportunity, and the Department of Public | 4 | | Health to implement the Cannabis Regulation and Tax Act if | 5 | | the applicable agency has made a good faith determination | 6 | | that it is necessary and appropriate for the expenditure | 7 | | to fall within this exemption and if the process is | 8 | | conducted in a manner substantially in accordance with the | 9 | | requirements of Sections 20-160, 25-60, 30-22, 50-5, | 10 | | 50-10, 50-10.5, 50-12, 50-13, 50-15, 50-20, 50-21, 50-35, | 11 | | 50-36, 50-37, 50-38, and 50-50 of this Code; however, for | 12 | | Section 50-35, compliance applies only to contracts or | 13 | | subcontracts over $100,000. Notice of each contract | 14 | | entered into under this paragraph (18) that is related to | 15 | | the procurement of goods and services identified in | 16 | | paragraph (1) through (9) of this subsection shall be | 17 | | published in the Procurement Bulletin within 14 calendar | 18 | | days after contract execution. The Chief Procurement | 19 | | Officer shall prescribe the form and content of the | 20 | | notice. Each agency shall provide the Chief Procurement | 21 | | Officer, on a monthly basis, in the form and content | 22 | | prescribed by the Chief Procurement Officer, a report of | 23 | | contracts that are related to the procurement of goods and | 24 | | services identified in this subsection. At a minimum, this | 25 | | report shall include the name of the contractor, a | 26 | | description of the supply or service provided, the total |
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| 1 | | amount of the contract, the term of the contract, and the | 2 | | exception to this Code utilized. A copy of any or all of | 3 | | these contracts shall be made available to the Chief | 4 | | Procurement Officer immediately upon request. The Chief | 5 | | Procurement Officer shall submit a report to the Governor | 6 | | and General Assembly no later than November 1 of each year | 7 | | that includes, at a minimum, an annual summary of the | 8 | | monthly information reported to the Chief Procurement | 9 | | Officer. This exemption becomes inoperative 5 years after | 10 | | June 25, 2019 (the effective date of Public Act 101-27). | 11 | | (19) Acquisition of modifications or adjustments, | 12 | | limited to assistive technology devices and assistive | 13 | | technology services, adaptive equipment, repairs, and | 14 | | replacement parts to provide reasonable accommodations (i) | 15 | | that enable a qualified applicant with a disability to | 16 | | complete the job application process and be considered for | 17 | | the position such qualified applicant desires, (ii) that | 18 | | modify or adjust the work environment to enable a | 19 | | qualified current employee with a disability to perform | 20 | | the essential functions of the position held by that | 21 | | employee, (iii) to enable a qualified current employee | 22 | | with a disability to enjoy equal benefits and privileges | 23 | | of employment as are enjoyed by other similarly situated | 24 | | employees without disabilities, and (iv) that allow a | 25 | | customer, client, claimant, or member of the public | 26 | | seeking State services full use and enjoyment of and |
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| 1 | | access to its programs, services, or benefits. | 2 | | For purposes of this paragraph (19): | 3 | | "Assistive technology devices" means any item, piece | 4 | | of equipment, or product system, whether acquired | 5 | | commercially off the shelf, modified, or customized, that | 6 | | is used to increase, maintain, or improve functional | 7 | | capabilities of individuals with disabilities. | 8 | | "Assistive technology services" means any service that | 9 | | directly assists an individual with a disability in | 10 | | selection, acquisition, or use of an assistive technology | 11 | | device. | 12 | | "Qualified" has the same meaning and use as provided | 13 | | under the federal Americans with Disabilities Act when | 14 | | describing an individual with a disability. | 15 | | (20) Procurement expenditures necessary for the
| 16 | | Illinois Commerce Commission to hire third-party
| 17 | | facilitators pursuant to Sections 16-105.17 and
16-108.18 | 18 | | of the Public Utilities Act or an ombudsman pursuant to | 19 | | Section 16-107.5 of the Public Utilities Act, a | 20 | | facilitator pursuant to Section 16-105.17 of the Public | 21 | | Utilities Act, or a grid auditor pursuant to Section | 22 | | 16-105.10 of the Public Utilities Act. | 23 | | (21) Procurement expenditures for the purchase, | 24 | | renewal, and expansion of software, software licenses, or | 25 | | software maintenance agreements that support the efforts | 26 | | of the Illinois State Police to enforce, regulate, and |
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| 1 | | administer the Firearm Owners Identification Card Act, the | 2 | | Firearm Concealed Carry Act, the Firearms Restraining | 3 | | Order Act, the Firearm Dealer License Certification Act, | 4 | | the Law Enforcement Agencies Data System (LEADS), the | 5 | | Uniform Crime Reporting Act, the Criminal Identification | 6 | | Act, the Uniform Conviction Information Act, and the Gun | 7 | | Trafficking Information Act, or establish or maintain | 8 | | record management systems necessary to conduct human | 9 | | trafficking investigations or gun trafficking or other | 10 | | stolen firearm investigations. This paragraph (21) applies | 11 | | to contracts entered into on or after the effective date | 12 | | of this amendatory Act of the 102nd General Assembly and | 13 | | the renewal of contracts that are in effect on the | 14 | | effective date of this amendatory Act of the 102nd General | 15 | | Assembly. | 16 | | Notwithstanding any other provision of law, for contracts | 17 | | with an annual value of more than $100,000 entered into on or | 18 | | after October 1, 2017 under an exemption provided in any | 19 | | paragraph of this subsection (b), except paragraph (1), (2), | 20 | | or (5), each State agency shall post to the appropriate | 21 | | procurement bulletin the name of the contractor, a description | 22 | | of the supply or service provided, the total amount of the | 23 | | contract, the term of the contract, and the exception to the | 24 | | Code utilized. The chief procurement officer shall submit a | 25 | | report to the Governor and General Assembly no later than | 26 | | November 1 of each year that shall include, at a minimum, an |
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| 1 | | annual summary of the monthly information reported to the | 2 | | chief procurement officer. | 3 | | (c) This Code does not apply to the electric power | 4 | | procurement process provided for under Section 1-75 of the | 5 | | Illinois Power Agency Act and Section 16-111.5 of the Public | 6 | | Utilities Act. This Code does not apply to the procurement of | 7 | | technical and policy experts pursuant to Section 1-129 of the | 8 | | Illinois Power Agency Act. | 9 | | (d) Except for Section 20-160 and Article 50 of this Code, | 10 | | and as expressly required by Section 9.1 of the Illinois | 11 | | Lottery Law, the provisions of this Code do not apply to the | 12 | | procurement process provided for under Section 9.1 of the | 13 | | Illinois Lottery Law. | 14 | | (e) This Code does not apply to the process used by the | 15 | | Capital Development Board to retain a person or entity to | 16 | | assist the Capital Development Board with its duties related | 17 | | to the determination of costs of a clean coal SNG brownfield | 18 | | facility, as defined by Section 1-10 of the Illinois Power | 19 | | Agency Act, as required in subsection (h-3) of Section 9-220 | 20 | | of the Public Utilities Act, including calculating the range | 21 | | of capital costs, the range of operating and maintenance | 22 | | costs, or the sequestration costs or monitoring the | 23 | | construction of clean coal SNG brownfield facility for the | 24 | | full duration of construction. | 25 | | (f) (Blank). | 26 | | (g) (Blank). |
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| 1 | | (h) This Code does not apply to the process to procure or | 2 | | contracts entered into in accordance with Sections 11-5.2 and | 3 | | 11-5.3 of the Illinois Public Aid Code. | 4 | | (i) Each chief procurement officer may access records | 5 | | necessary to review whether a contract, purchase, or other | 6 | | expenditure is or is not subject to the provisions of this | 7 | | Code, unless such records would be subject to attorney-client | 8 | | privilege. | 9 | | (j) This Code does not apply to the process used by the | 10 | | Capital Development Board to retain an artist or work or works | 11 | | of art as required in Section 14 of the Capital Development | 12 | | Board Act. | 13 | | (k) This Code does not apply to the process to procure | 14 | | contracts, or contracts entered into, by the State Board of | 15 | | Elections or the State Electoral Board for hearing officers | 16 | | appointed pursuant to the Election Code. | 17 | | (l) This Code does not apply to the processes used by the | 18 | | Illinois Student Assistance Commission to procure supplies and | 19 | | services paid for from the private funds of the Illinois | 20 | | Prepaid Tuition Fund. As used in this subsection (l), "private | 21 | | funds" means funds derived from deposits paid into the | 22 | | Illinois Prepaid Tuition Trust Fund and the earnings thereon. | 23 | | (m) This Code shall apply regardless of the source of | 24 | | funds with which contracts are paid, including federal | 25 | | assistance moneys. Except as specifically provided in this | 26 | | Code, this Code shall not apply to procurement expenditures |
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| 1 | | necessary for the Department of Public Health to conduct the | 2 | | Healthy Illinois Survey in accordance with Section 2310-431 of | 3 | | the Department of Public Health Powers and Duties Law of the | 4 | | Civil Administrative Code of Illinois. | 5 | | (Source: P.A. 101-27, eff. 6-25-19; 101-81, eff. 7-12-19; | 6 | | 101-363, eff. 8-9-19; 102-175, eff. 7-29-21; 102-483, eff | 7 | | 1-1-22; 102-558, eff. 8-20-21; 102-600, eff. 8-27-21; 102-662, | 8 | | eff. 9-15-21; 102-721, eff. 1-1-23; 102-813, eff. 5-13-22; | 9 | | 102-1116, eff. 1-10-23.)
| 10 | | Section 15. The Counties Code is amended by changing | 11 | | Section 5-12020 as follows: | 12 | | (55 ILCS 5/5-12020) | 13 | | Sec. 5-12020. Commercial wind energy facilities and | 14 | | commercial solar energy facilities. | 15 | | (a) As used in this Section: | 16 | | "Commercial solar energy facility" means a "commercial | 17 | | solar energy system" as defined in Section 10-720 of the | 18 | | Property Tax Code. "Commercial solar energy facility" does not | 19 | | mean a utility-scale solar energy facility being constructed | 20 | | at a site that was eligible to participate in a procurement | 21 | | event conducted by the Illinois Power Agency pursuant to | 22 | | subsection (c-5) of Section 1-75 of the Illinois Power Agency | 23 | | Act. | 24 | | "Commercial wind energy facility" means a wind energy |
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| 1 | | conversion facility of equal or greater than 500 kilowatts in | 2 | | total nameplate generating capacity. "Commercial wind energy | 3 | | facility" includes a wind energy conversion facility seeking | 4 | | an extension of a permit to construct granted by a county or | 5 | | municipality before January 27, 2023 ( the effective date of | 6 | | Public Act 102-1123) this amendatory Act of the 102nd General | 7 | | Assembly . | 8 | | "Facility owner" means (i) a person with a direct | 9 | | ownership interest in a commercial wind energy facility or a | 10 | | commercial solar energy facility, or both, regardless of | 11 | | whether the person is involved in acquiring the necessary | 12 | | rights, permits, and approvals or otherwise planning for the | 13 | | construction and operation of the facility, and (ii) at the | 14 | | time the facility is being developed, a person who is acting as | 15 | | a developer of the facility by acquiring the necessary rights, | 16 | | permits, and approvals or by planning for the construction and | 17 | | operation of the facility, regardless of whether the person | 18 | | will own or operate the facility. | 19 | | "Nonparticipating property" means real property that is | 20 | | not a participating property. | 21 | | "Nonparticipating residence" means a residence that is | 22 | | located on nonparticipating property and that is existing and | 23 | | occupied on the date that an application for a permit to | 24 | | develop the commercial wind energy facility or the commercial | 25 | | solar energy facility is filed with the county. | 26 | | "Occupied community building" means any one or more of the |
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| 1 | | following buildings that is existing and occupied on the date | 2 | | that the application for a permit to develop the commercial | 3 | | wind energy facility or the commercial solar energy facility | 4 | | is filed with the county: a school, place of worship, day care | 5 | | facility, public library, or community center. | 6 | | "Participating property" means real property that is the | 7 | | subject of a written agreement between a facility owner and | 8 | | the owner of the real property that provides the facility | 9 | | owner an easement, option, lease, or license to use the real | 10 | | property for the purpose of constructing a commercial wind | 11 | | energy facility, a commercial solar energy facility, or | 12 | | supporting facilities. "Participating property" also includes | 13 | | real property that is owned by a facility owner for the purpose | 14 | | of constructing a commercial wind energy facility, a | 15 | | commercial solar energy facility, or supporting facilities. | 16 | | "Participating residence" means a residence that is | 17 | | located on participating property and that is existing and | 18 | | occupied on the date that an application for a permit to | 19 | | develop the commercial wind energy facility or the commercial | 20 | | solar energy facility is filed with the county. | 21 | | "Protected lands" means real property that is: | 22 | | (1) subject to a permanent conservation right
| 23 | | consistent with the Real Property Conservation Rights Act; | 24 | | or | 25 | | (2) registered or designated as a nature preserve,
| 26 | | buffer, or land and water reserve under the Illinois |
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| 1 | | Natural Areas Preservation Act. | 2 | | "Supporting facilities" means the transmission lines, | 3 | | substations, access roads, meteorological towers, storage | 4 | | containers, and equipment associated with the generation and | 5 | | storage of electricity by the commercial wind energy facility | 6 | | or commercial solar energy facility. | 7 | | "Wind tower" includes the wind turbine tower, nacelle, and | 8 | | blades. | 9 | | (b) Notwithstanding any other provision of law or whether | 10 | | the county has formed a zoning commission and adopted formal | 11 | | zoning under Section 5-12007, a county may establish standards | 12 | | for commercial wind energy facilities, commercial solar energy | 13 | | facilities, or both. The standards may include all of the | 14 | | requirements specified in this Section but may not include | 15 | | requirements for commercial wind energy facilities or | 16 | | commercial solar energy facilities that are more restrictive | 17 | | than specified in this Section. A county may also regulate the | 18 | | siting of commercial wind energy facilities with standards | 19 | | that are not more restrictive than the requirements specified | 20 | | in this Section in unincorporated areas of the county that are | 21 | | outside the zoning jurisdiction of a municipality and that are | 22 | | outside the 1.5-mile radius surrounding the zoning | 23 | | jurisdiction of a municipality. | 24 | | (c) If a county has elected to establish standards under | 25 | | subsection (b), before the county grants siting approval or a | 26 | | special use permit for a commercial wind energy facility or a |
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| 1 | | commercial solar energy facility, or modification of an | 2 | | approved siting or special use permit, the county board of the | 3 | | county in which the facility is to be sited or the zoning board | 4 | | of appeals for the county shall hold at least one public | 5 | | hearing. The public hearing shall be conducted in accordance | 6 | | with the Open Meetings Act and shall be held not more than 60 | 7 | | 45 days after the filing of the application for the facility. | 8 | | The county shall allow interested parties to a special use | 9 | | permit an opportunity to present evidence and to cross-examine | 10 | | witnesses at the hearing, but the county may impose reasonable | 11 | | restrictions on the public hearing, including reasonable time | 12 | | limitations on the presentation of evidence and the | 13 | | cross-examination of witnesses. The county shall also allow | 14 | | public comment at the public hearing in accordance with the | 15 | | Open Meetings Act. The county shall make its siting and | 16 | | permitting decisions not more than 30 days after the | 17 | | conclusion of the public hearing. Notice of the hearing shall | 18 | | be published in a newspaper of general circulation in the | 19 | | county. A facility owner must enter into an agricultural | 20 | | impact mitigation agreement with the Department of Agriculture | 21 | | prior to the date of the required public hearing. A commercial | 22 | | wind energy facility owner seeking an extension of a permit | 23 | | granted by a county prior to July 24, 2015 (the effective date | 24 | | of Public Act 99-132) must enter into an agricultural impact | 25 | | mitigation agreement with the Department of Agriculture prior | 26 | | to a decision by the county to grant the permit extension. |
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| 1 | | Counties may allow test wind towers or test solar energy | 2 | | systems to be sited without formal approval by the county | 3 | | board. | 4 | | (d) A county with an existing zoning ordinance in conflict | 5 | | with this Section shall amend that zoning ordinance to be in | 6 | | compliance with this Section within 120 days after January 27, | 7 | | 2023 ( the effective date of Public Act 102-1123) this | 8 | | amendatory Act of the 102nd General Assembly . | 9 | | (e) A county may require: | 10 | | (1) a wind tower of a commercial wind energy facility | 11 | | to be sited as follows, with setback distances measured | 12 | | from the center of the base of the wind tower: | 13 | | Setback Description Setback Distance | 14 | | Occupied Community 2.1 times the maximum blade tip | 15 | | Buildings height of the wind tower to the | 16 | | nearest point on the outside | 17 | | wall of the structure | 18 | | Participating Residences 1.1 times the maximum blade tip | 19 | | height of the wind tower to the | 20 | | nearest point on the outside | 21 | | wall of the structure | 22 | | Nonparticipating Residences 2.1 times the maximum blade tip |
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| 1 | | height of the wind tower to the | 2 | | nearest point on the outside | 3 | | wall of the structure | 4 | | Boundary Lines of None | 5 | | Participating Property | 6 | | Boundary Lines of 1.1 times the maximum blade tip | 7 | | Nonparticipating Property height of the wind tower to the | 8 | | nearest point on the property | 9 | | line of the nonparticipating | 10 | | property | 11 | | Public Road Rights-of-Way 1.1 times the maximum blade tip | 12 | | height of the wind tower | 13 | | to the center point of the | 14 | | public road right-of-way | 15 | | Overhead Communication and 1.1 times the maximum blade tip | 16 | | Electric Transmission height of the wind tower to the | 17 | | and Distribution Facilities nearest edge of the property | 18 | | (Not Including Overhead line, easement, or | 19 | | Utility Service Lines to right-of-way right of way | 20 | | Individual Houses or containing the overhead line | 21 | | Outbuildings) |
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| 1 | | Overhead Utility Service None | 2 | | Lines to Individual | 3 | | Houses or Outbuildings | 4 | | Fish and Wildlife Areas 2.1 times the maximum blade | 5 | | and Illinois Nature tip height of the wind tower | 6 | | Preserve Commission to the nearest point on the | 7 | | Protected Lands property line of the fish and | 8 | | wildlife area or protected | 9 | | land | 10 | | This Section does not exempt or excuse compliance with | 11 | | electric facility clearances approved or required by the | 12 | | National Electrical Code, The National Electrical Safety | 13 | | Code, Illinois Commerce Commission, Federal Energy | 14 | | Regulatory Commission, and their designees or successors. | 15 | | (2) a wind tower of a commercial wind energy facility | 16 | | to be sited so that industry standard computer modeling | 17 | | indicates that any occupied community building or | 18 | | nonparticipating residence will not experience more than | 19 | | 30 hours per year of shadow flicker under planned | 20 | | operating conditions; | 21 | | (3) a commercial solar energy facility to be sited as | 22 | | follows, with setback distances measured from the nearest | 23 | | edge of any component of the facility: |
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| 1 | | Setback Description Setback Distance | 2 | | Occupied Community 150 feet from the nearest | 3 | | Buildings and Dwellings on point on the outside wall | 4 | | Nonparticipating Properties of the structure | 5 | | Boundary Lines of None | 6 | | Participating Property | 7 | | Public Road Rights-of-Way 50 feet from the nearest | 8 | | edge | 9 | | Boundary Lines of 50 feet to the nearest | 10 | | Nonparticipating Property point on the property | 11 | | line of the nonparticipating | 12 | | property | 13 | | (4) a commercial solar energy facility to be sited so | 14 | | that the facility's perimeter is enclosed by fencing | 15 | | having a height of at least 6 feet and no more than 25 | 16 | | feet; and | 17 | | (5) a commercial solar energy facility to be sited so | 18 | | that no component of a solar panel has a height of more | 19 | | than 20 feet above ground when the solar energy facility's | 20 | | arrays are at full tilt. | 21 | | The requirements set forth in this subsection (e) may be |
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| 1 | | waived subject to the written consent of the owner of each | 2 | | affected nonparticipating property. | 3 | | (f) A county may not set a sound limitation for wind towers | 4 | | in commercial wind energy facilities or any components in | 5 | | commercial solar energy facilities facility that is more | 6 | | restrictive than the sound limitations established by the | 7 | | Illinois Pollution Control Board under 35 Ill. Adm. Code Parts | 8 | | 900, 901, and 910. | 9 | | (g) A county may not place any restriction on the | 10 | | installation or use of a commercial wind energy facility or a | 11 | | commercial solar energy facility unless it adopts an ordinance | 12 | | that complies with this Section. A county may not establish | 13 | | siting standards for supporting facilities that preclude | 14 | | development of commercial wind energy facilities or commercial | 15 | | solar energy facilities. | 16 | | A request for siting approval or a special use permit for a | 17 | | commercial wind energy facility or a commercial solar energy | 18 | | facility, or modification of an approved siting or special use | 19 | | permit, shall be approved if the request is in compliance with | 20 | | the standards and conditions imposed in this Act, the zoning | 21 | | ordinance adopted consistent with this Code, and the | 22 | | conditions imposed under State and federal statutes and | 23 | | regulations. | 24 | | (h) A county may not adopt zoning regulations that | 25 | | disallow, permanently or temporarily, commercial wind energy | 26 | | facilities or commercial solar energy facilities from being |
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| 1 | | developed or operated in any district zoned to allow | 2 | | agricultural or industrial uses. | 3 | | (i) A county may not require permit application fees for a | 4 | | commercial wind energy facility or commercial solar energy | 5 | | facility that are unreasonable. All application fees imposed | 6 | | by the county shall be consistent with fees for projects in the | 7 | | county with similar capital value and cost. | 8 | | (j) Except as otherwise provided in this Section, a county | 9 | | shall not require standards for construction, decommissioning, | 10 | | or deconstruction of a commercial wind energy facility or | 11 | | commercial solar energy facility or related financial | 12 | | assurances that are more restrictive than those included in | 13 | | the Department of Agriculture's standard wind farm | 14 | | agricultural impact mitigation agreement, template 81818, or | 15 | | standard solar agricultural impact mitigation agreement, | 16 | | version 8.19.19, as applicable and in effect on December 31, | 17 | | 2022. The amount of any decommissioning payment shall be in | 18 | | accordance with the financial assurance limited to the cost | 19 | | identified in the decommissioning or deconstruction plan, as | 20 | | required by those agricultural impact mitigation agreements , | 21 | | minus the salvage value of the project . | 22 | | (j-5) A commercial wind energy facility or a commercial | 23 | | solar energy facility shall file a farmland drainage plan with | 24 | | the county and impacted drainage districts outlining how | 25 | | surface and subsurface drainage of farmland will be restored | 26 | | during and following construction or deconstruction of the |
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| 1 | | facility. The plan is to be created independently by the | 2 | | facility developer and shall include the location of any | 3 | | potentially impacted drainage district facilities to the | 4 | | extent this information is publicly available from the county | 5 | | or the drainage district, plans to repair any subsurface | 6 | | drainage affected during construction or deconstruction using | 7 | | procedures outlined in the agricultural impact mitigation | 8 | | agreement entered into by the commercial wind energy facility | 9 | | owner or commercial solar energy facility owner, and | 10 | | procedures for the repair and restoration of surface drainage | 11 | | affected during construction or deconstruction. All surface | 12 | | and subsurface damage shall be repaired as soon as reasonably | 13 | | practicable. | 14 | | (k) A county may not condition approval of a commercial | 15 | | wind energy facility or commercial solar energy facility on a | 16 | | property value guarantee and may not require a facility owner | 17 | | to pay into a neighboring property devaluation escrow account. | 18 | | (l) A county may require certain vegetative screening | 19 | | surrounding a commercial wind energy facility or commercial | 20 | | solar energy facility but may not require earthen berms or | 21 | | similar structures. | 22 | | (m) A county may set blade tip height limitations for wind | 23 | | towers in commercial wind energy facilities but may not set a | 24 | | blade tip height limitation that is more restrictive than the | 25 | | height allowed under a Determination of No Hazard to Air | 26 | | Navigation by the Federal Aviation Administration under 14 CFR |
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| 1 | | Part 77. | 2 | | (n) A county may require that a commercial wind energy | 3 | | facility owner or commercial solar energy facility owner | 4 | | provide: | 5 | | (1) the results and recommendations from consultation | 6 | | with the Illinois Department of Natural Resources that are | 7 | | obtained through the Ecological Compliance Assessment Tool | 8 | | (EcoCAT) or a comparable successor tool; and | 9 | | (2) the results of the United States Fish and Wildlife | 10 | | Service's Information for Planning and Consulting | 11 | | environmental review or a comparable successor tool that | 12 | | is consistent with (i) the "U.S. Fish and Wildlife | 13 | | Service's Land-Based Wind Energy Guidelines" and (ii) any | 14 | | applicable United States Fish and Wildlife Service solar | 15 | | wildlife guidelines that have been subject to public | 16 | | review.
| 17 | | (o) A county may require a commercial wind energy facility | 18 | | or commercial solar energy facility to adhere to the | 19 | | recommendations provided by the Illinois Department of Natural | 20 | | Resources in an EcoCAT natural resource review report under 17 | 21 | | Ill. Adm. Admin. Code Part 1075. | 22 | | (p) A county may require a facility owner to: | 23 | | (1) demonstrate avoidance of protected lands as | 24 | | identified by the Illinois Department of Natural Resources | 25 | | and the Illinois Nature Preserve Commission; or | 26 | | (2) consider the recommendations of the Illinois |
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| 1 | | Department of Natural Resources for setbacks from | 2 | | protected lands, including areas identified by the | 3 | | Illinois Nature Preserve Commission. | 4 | | (q) A county may require that a facility owner provide | 5 | | evidence of consultation with the Illinois State Historic | 6 | | Preservation Office to assess potential impacts on | 7 | | State-registered historic sites under the Illinois State | 8 | | Agency Historic Resources Preservation Act. | 9 | | (r) To maximize community benefits, including, but not | 10 | | limited to, reduced stormwater runoff, flooding, and erosion | 11 | | at the ground mounted solar energy system, improved soil | 12 | | health, and increased foraging habitat for game birds, | 13 | | songbirds, and pollinators, a county may (1) require a | 14 | | commercial solar energy facility owner to plant, establish, | 15 | | and maintain for the life of the facility vegetative ground | 16 | | cover, consistent with the goals of the Pollinator-Friendly | 17 | | Solar Site Act and (2) require the submittal of a vegetation | 18 | | management plan that is in compliance with the agricultural | 19 | | impact mitigation agreement in the application to construct | 20 | | and operate a commercial solar energy facility in the county | 21 | | if the vegetative ground cover and vegetation management plan | 22 | | comply with the requirements of the underlying agreement with | 23 | | the landowner or landowners where the facility will be | 24 | | constructed . | 25 | | No later than 90 days after January 27, 2023 ( the | 26 | | effective date of Public Act 102-1123) this amendatory Act of |
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| 1 | | the 102nd General Assembly , the Illinois Department of Natural | 2 | | Resources shall develop guidelines for vegetation management | 3 | | plans that may be required under this subsection for | 4 | | commercial solar energy facilities. The guidelines must | 5 | | include guidance for short-term and long-term property | 6 | | management practices that provide and maintain native and | 7 | | non-invasive naturalized perennial vegetation to protect the | 8 | | health and well-being of pollinators. | 9 | | (s) If a facility owner enters into a road use agreement | 10 | | with the Illinois Department of Transportation, a road | 11 | | district, or other unit of local government relating to a | 12 | | commercial wind energy facility or a commercial solar energy | 13 | | facility, the road use agreement shall require the facility | 14 | | owner to be responsible for (i) the reasonable cost of | 15 | | improving roads used by the facility owner to construct the | 16 | | commercial wind energy facility or the commercial solar energy | 17 | | facility and (ii) the reasonable cost of repairing roads used | 18 | | by the facility owner during construction of the commercial | 19 | | wind energy facility or the commercial solar energy facility | 20 | | so that those roads are in a condition that is safe for the | 21 | | driving public after the completion of the facility's | 22 | | construction. Roadways improved in preparation for and during | 23 | | the construction of the commercial wind energy facility or | 24 | | commercial solar energy facility shall be repaired and | 25 | | restored to the improved condition at the reasonable cost of | 26 | | the developer if the roadways have degraded or were damaged as |
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| 1 | | a result of construction-related activities. | 2 | | The road use agreement shall not require the facility | 3 | | owner to pay costs, fees, or charges for road work that is not | 4 | | specifically and uniquely attributable to the construction of | 5 | | the commercial wind energy facility or the commercial solar | 6 | | energy facility. Road-related fees, permit fees, or other | 7 | | charges imposed by the Illinois Department of Transportation, | 8 | | a road district, or other unit of local government under a road | 9 | | use agreement with the facility owner shall be reasonably | 10 | | related to the cost of administration of the road use | 11 | | agreement. | 12 | | (s-5) The facility owner shall also compensate landowners | 13 | | for crop losses or other agricultural damages resulting from | 14 | | damage to the drainage system caused by the construction of | 15 | | the commercial wind energy facility or the commercial solar | 16 | | energy facility. The commercial wind energy facility owner or | 17 | | commercial solar energy facility owner shall repair or pay for | 18 | | the repair of all damage to the subsurface drainage system | 19 | | caused by the construction of the commercial wind energy | 20 | | facility or the commercial solar energy facility in accordance | 21 | | with the agriculture impact mitigation agreement requirements | 22 | | for repair of drainage. The commercial wind energy facility | 23 | | owner or commercial solar energy facility owner shall repair | 24 | | or pay for the repair and restoration of surface drainage | 25 | | caused by the construction or deconstruction of the commercial | 26 | | wind energy facility or the commercial solar energy facility |
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| 1 | | as soon as reasonably practicable. | 2 | | (t) Notwithstanding any other provision of law, a facility | 3 | | owner with siting approval from a county to construct a | 4 | | commercial wind energy facility or a commercial solar energy | 5 | | facility is authorized to cross or impact a drainage system, | 6 | | including, but not limited to, drainage tiles, open drainage | 7 | | ditches districts , culverts, and water gathering vaults, owned | 8 | | or under the control of a drainage district under the Illinois | 9 | | Drainage Code without obtaining prior agreement or approval | 10 | | from the drainage district in accordance with the farmland | 11 | | drainage plan required by subsection (j-5) , except that the | 12 | | facility owner shall repair or pay for the repair of all damage | 13 | | to the drainage system caused by the construction of the | 14 | | commercial wind energy facility or the commercial solar energy | 15 | | facility within a reasonable time after construction of the | 16 | | commercial wind energy facility or the commercial solar energy | 17 | | facility is complete . | 18 | | (u) The amendments to this Section adopted in Public Act | 19 | | 102-1123 this amendatory Act of the 102nd General Assembly do | 20 | | not apply to (1) an application for siting approval or for a | 21 | | special use permit for a commercial wind energy facility or | 22 | | commercial solar energy facility if the application was | 23 | | submitted to a unit of local government before January 27, | 24 | | 2023 ( the effective date of Public Act 102-1123) this | 25 | | amendatory Act of the 102nd General Assembly or (2) a | 26 | | commercial wind energy facility or a commercial solar energy |
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| 1 | | facility if the facility owner has submitted an agricultural | 2 | | impact mitigation agreement to the Department of Agriculture | 3 | | before January 27, 2023 ( the effective date of Public Act | 4 | | 102-1123) this amendatory Act of the 102nd General Assembly . | 5 | | (Source: P.A. 101-4, eff. 4-19-19; 102-1123, eff. 1-27-23; | 6 | | revised 4-5-23.)
| 7 | | Section 99. Effective date. This Act takes effect upon | 8 | | becoming law.".
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