Bill Text: IL HB4037 | 2023-2024 | 103rd General Assembly | Introduced
Bill Title: Amends the Counties Code. Provides that a commercial wind energy facility owner or solar energy facility owner must file a land reclamation plan and a recycling plan with the Department of Agriculture prior to the required public hearing on the siting of a facility. Provides that the land reclamation plan must outline how the property on which a facility has been constructed will be returned to the state the property existed prior to the construction of the facility upon removal of the facility. Provides that the recycling plan must outline how the material used to construct the facility will be recycled. Provides that a commercial solar energy facility may not be sited on property where the property's soil's crop productivity index is greater than 110. Effective immediately.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced) 2024-04-05 - Rule 19(a) / Re-referred to Rules Committee [HB4037 Detail]
Download: Illinois-2023-HB4037-Introduced.html
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1 | AN ACT concerning local government.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Counties Code is amended by changing | |||||||||||||||||||
5 | Section 5-12020 as follows:
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6 | (55 ILCS 5/5-12020) | |||||||||||||||||||
7 | Sec. 5-12020. Commercial wind energy facilities and | |||||||||||||||||||
8 | commercial solar energy facilities. | |||||||||||||||||||
9 | (a) As used in this Section: | |||||||||||||||||||
10 | "Commercial solar energy facility" means a "commercial | |||||||||||||||||||
11 | solar energy system" as defined in Section 10-720 of the | |||||||||||||||||||
12 | Property Tax Code. "Commercial solar energy facility" does not | |||||||||||||||||||
13 | mean a utility-scale solar energy facility being constructed | |||||||||||||||||||
14 | at a site that was eligible to participate in a procurement | |||||||||||||||||||
15 | event conducted by the Illinois Power Agency pursuant to | |||||||||||||||||||
16 | subsection (c-5) of Section 1-75 of the Illinois Power Agency | |||||||||||||||||||
17 | Act. | |||||||||||||||||||
18 | "Commercial wind energy facility" means a wind energy | |||||||||||||||||||
19 | conversion facility of equal or greater than 500 kilowatts in | |||||||||||||||||||
20 | total nameplate generating capacity. "Commercial wind energy | |||||||||||||||||||
21 | facility" includes a wind energy conversion facility seeking | |||||||||||||||||||
22 | an extension of a permit to construct granted by a county or | |||||||||||||||||||
23 | municipality before January 27, 2023 ( the effective date of |
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1 | Public Act 102-1123) this amendatory Act of the 102nd General | ||||||
2 | Assembly . | ||||||
3 | "Facility owner" means (i) a person with a direct | ||||||
4 | ownership interest in a commercial wind energy facility or a | ||||||
5 | commercial solar energy facility, or both, regardless of | ||||||
6 | whether the person is involved in acquiring the necessary | ||||||
7 | rights, permits, and approvals or otherwise planning for the | ||||||
8 | construction and operation of the facility, and (ii) at the | ||||||
9 | time the facility is being developed, a person who is acting as | ||||||
10 | a developer of the facility by acquiring the necessary rights, | ||||||
11 | permits, and approvals or by planning for the construction and | ||||||
12 | operation of the facility, regardless of whether the person | ||||||
13 | will own or operate the facility. | ||||||
14 | "Nonparticipating property" means real property that is | ||||||
15 | not a participating property. | ||||||
16 | "Nonparticipating residence" means a residence that is | ||||||
17 | located on nonparticipating 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 | "Occupied community building" means any one or more of the | ||||||
22 | following buildings that is existing and occupied on the date | ||||||
23 | that the application for a permit to develop the commercial | ||||||
24 | wind energy facility or the commercial solar energy facility | ||||||
25 | is filed with the county: a school, place of worship, day care | ||||||
26 | facility, public library, or community center. |
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1 | "Participating property" means real property that is the | ||||||
2 | subject of a written agreement between a facility owner and | ||||||
3 | the owner of the real property that provides the facility | ||||||
4 | owner an easement, option, lease, or license to use the real | ||||||
5 | property for the purpose of constructing a commercial wind | ||||||
6 | energy facility, a commercial solar energy facility, or | ||||||
7 | supporting facilities. "Participating property" also includes | ||||||
8 | real property that is owned by a facility owner for the purpose | ||||||
9 | of constructing a commercial wind energy facility, a | ||||||
10 | commercial solar energy facility, or supporting facilities. | ||||||
11 | "Participating residence" means a residence that is | ||||||
12 | located on participating property and that is existing and | ||||||
13 | occupied on the date that an application for a permit to | ||||||
14 | develop the commercial wind energy facility or the commercial | ||||||
15 | solar energy facility is filed with the county. | ||||||
16 | "Protected lands" means real property that is: | ||||||
17 | (1) subject to a permanent conservation right
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18 | consistent with the Real Property Conservation Rights Act; | ||||||
19 | or | ||||||
20 | (2) registered or designated as a nature preserve,
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21 | buffer, or land and water reserve under the Illinois | ||||||
22 | Natural Areas Preservation Act. | ||||||
23 | "Supporting facilities" means the transmission lines, | ||||||
24 | substations, access roads, meteorological towers, storage | ||||||
25 | containers, and equipment associated with the generation and | ||||||
26 | storage of electricity by the commercial wind energy facility |
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1 | or commercial solar energy facility. | ||||||
2 | "Wind tower" includes the wind turbine tower, nacelle, and | ||||||
3 | blades. | ||||||
4 | (b) Notwithstanding any other provision of law or whether | ||||||
5 | the county has formed a zoning commission and adopted formal | ||||||
6 | zoning under Section 5-12007, a county may establish standards | ||||||
7 | for commercial wind energy facilities, commercial solar energy | ||||||
8 | facilities, or both. The standards may include all of the | ||||||
9 | requirements specified in this Section but may not include | ||||||
10 | requirements for commercial wind energy facilities or | ||||||
11 | commercial solar energy facilities that are more restrictive | ||||||
12 | than specified in this Section. A county may also regulate the | ||||||
13 | siting of commercial wind energy facilities with standards | ||||||
14 | that are not more restrictive than the requirements specified | ||||||
15 | in this Section in unincorporated areas of the county that are | ||||||
16 | outside the zoning jurisdiction of a municipality and that are | ||||||
17 | outside the 1.5-mile radius surrounding the zoning | ||||||
18 | jurisdiction of a municipality. | ||||||
19 | (c) If a county has elected to establish standards under | ||||||
20 | subsection (b), before the county grants siting approval or a | ||||||
21 | special use permit for a commercial wind energy facility or a | ||||||
22 | commercial solar energy facility, or modification of an | ||||||
23 | approved siting or special use permit, the county board of the | ||||||
24 | county in which the facility is to be sited or the zoning board | ||||||
25 | of appeals for the county shall hold at least one public | ||||||
26 | hearing. The public hearing shall be conducted in accordance |
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1 | with the Open Meetings Act and shall be held not more than 45 | ||||||
2 | days after the filing of the application for the facility. The | ||||||
3 | county shall allow interested parties to a special use permit | ||||||
4 | an opportunity to present evidence and to cross-examine | ||||||
5 | witnesses at the hearing, but the county may impose reasonable | ||||||
6 | restrictions on the public hearing, including reasonable time | ||||||
7 | limitations on the presentation of evidence and the | ||||||
8 | cross-examination of witnesses. The county shall also allow | ||||||
9 | public comment at the public hearing in accordance with the | ||||||
10 | Open Meetings Act. The county shall make its siting and | ||||||
11 | permitting decisions not more than 30 days after the | ||||||
12 | conclusion of the public hearing. Notice of the hearing shall | ||||||
13 | be published in a newspaper of general circulation in the | ||||||
14 | county. A facility owner must enter into an agricultural | ||||||
15 | impact mitigation agreement and file a land reclamation plan | ||||||
16 | and a recycling plan with the Department of Agriculture prior | ||||||
17 | to the date of the required public hearing. The land | ||||||
18 | reclamation plan must outline how the property on which a | ||||||
19 | facility has been constructed will be returned to the state | ||||||
20 | the property existed prior to the construction of the facility | ||||||
21 | upon removal of the facility. The recycling plan must outline | ||||||
22 | how the material used to construct the facility will be | ||||||
23 | recycled. A commercial wind energy facility owner seeking an | ||||||
24 | extension of a permit granted by a county prior to July 24, | ||||||
25 | 2015 (the effective date of Public Act 99-132) must enter into | ||||||
26 | an agricultural impact mitigation agreement with the |
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1 | Department of Agriculture prior to a decision by the county to | ||||||
2 | grant the permit extension. Counties may allow test wind | ||||||
3 | towers or test solar energy systems to be sited without formal | ||||||
4 | approval by the county board. | ||||||
5 | (d) A county with an existing zoning ordinance in conflict | ||||||
6 | with this Section shall amend that zoning ordinance to be in | ||||||
7 | compliance with this Section within 120 days after January 27, | ||||||
8 | 2023 ( the effective date of Public Act 102-1123) this | ||||||
9 | amendatory Act of the 102nd General Assembly . | ||||||
10 | (e) A county may require: | ||||||
11 | (1) a wind tower of a commercial wind energy facility | ||||||
12 | to be sited as follows, with setback distances measured | ||||||
13 | from the center of the base of the wind tower:
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14 | Setback Description Setback Distance
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15 | Occupied Community 2.1 times the maximum blade tip | ||||||
16 | Buildings height of the wind tower to the | ||||||
17 | nearest point on the outside | ||||||
18 | wall of the structure
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19 | Participating Residences 1.1 times the maximum blade tip | ||||||
20 | height of the wind tower to the | ||||||
21 | nearest point on the outside | ||||||
22 | wall of the structure
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1 | Nonparticipating Residences 2.1 times the maximum blade tip | ||||||
2 | height of the wind tower to the | ||||||
3 | nearest point on the outside | ||||||
4 | wall of the structure
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5 | Boundary Lines of None | ||||||
6 | Participating Property
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7 | Boundary Lines of 1.1 times the maximum blade tip | ||||||
8 | Nonparticipating Property height of the wind tower to the | ||||||
9 | nearest point on the property | ||||||
10 | line of the nonparticipating | ||||||
11 | property
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12 | Public Road Rights-of-Way 1.1 times the maximum blade tip | ||||||
13 | height of the wind tower | ||||||
14 | to the center point of the | ||||||
15 | public road right-of-way
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16 | Overhead Communication and 1.1 times the maximum blade tip | ||||||
17 | Electric Transmission height of the wind tower to the | ||||||
18 | and Distribution Facilities nearest edge of the property | ||||||
19 | (Not Including Overhead line, easement, or | ||||||
20 | Utility Service Lines to right-of-way right of way | ||||||
21 | Individual Houses or containing the overhead line | ||||||
22 | Outbuildings)
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1 | Overhead Utility Service None | ||||||
2 | Lines to Individual | ||||||
3 | Houses or Outbuildings
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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.
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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
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2 | Occupied Community 150 feet from the nearest | ||||||
3 | Buildings and Dwellings on point on the outside wall | ||||||
4 | Nonparticipating Properties of the structure
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5 | Boundary Lines of None | ||||||
6 | Participating Property
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7 | Public Road Rights-of-Way 50 feet from the nearest | ||||||
8 | edge
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9 | Boundary Lines of 50 feet to the nearest | ||||||
10 | Nonparticipating Property point on the property | ||||||
11 | line of the nonparticipating | ||||||
12 | property
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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. |
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1 | The requirements set forth in this subsection (e) may be | ||||||
2 | waived subject to the written consent of the owner of each | ||||||
3 | affected nonparticipating property. | ||||||
4 | (e-5) A commercial solar energy facility may not be sited | ||||||
5 | on property where the property's soil's crop productivity | ||||||
6 | index is greater than 110, as "crop productivity index" is | ||||||
7 | used in the University of Illinois at Urbana-Champaign's | ||||||
8 | Optimum Crop Productivity Ratings for Illinois Soil or | ||||||
9 | subsequent publication. | ||||||
10 | (f) A county may not set a sound limitation for wind towers | ||||||
11 | in commercial wind energy facilities or any components in | ||||||
12 | commercial solar energy facilities facility that is more | ||||||
13 | restrictive than the sound limitations established by the | ||||||
14 | Illinois Pollution Control Board under 35 Ill. Adm. Code Parts | ||||||
15 | 900, 901, and 910. | ||||||
16 | (g) A county may not place any restriction on the | ||||||
17 | installation or use of a commercial wind energy facility or a | ||||||
18 | commercial solar energy facility unless it adopts an ordinance | ||||||
19 | that complies with this Section. A county may not establish | ||||||
20 | siting standards for supporting facilities that preclude | ||||||
21 | development of commercial wind energy facilities or commercial | ||||||
22 | solar energy facilities. | ||||||
23 | A request for siting approval or a special use permit for a | ||||||
24 | commercial wind energy facility or a commercial solar energy | ||||||
25 | facility, or modification of an approved siting or special use | ||||||
26 | permit, shall be approved if the request is in compliance with |
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1 | the standards and conditions imposed in this Act, the zoning | ||||||
2 | ordinance adopted consistent with this Code, and the | ||||||
3 | conditions imposed under State and federal statutes and | ||||||
4 | regulations. | ||||||
5 | (h) A county may not adopt zoning regulations that | ||||||
6 | disallow, permanently or temporarily, commercial wind energy | ||||||
7 | facilities or commercial solar energy facilities from being | ||||||
8 | developed or operated in any district zoned to allow | ||||||
9 | agricultural or industrial uses. | ||||||
10 | (i) A county may not require permit application fees for a | ||||||
11 | commercial wind energy facility or commercial solar energy | ||||||
12 | facility that are unreasonable. All application fees imposed | ||||||
13 | by the county shall be consistent with fees for projects in the | ||||||
14 | county with similar capital value and cost. | ||||||
15 | (j) Except as otherwise provided in this Section, a county | ||||||
16 | shall not require standards for construction, decommissioning, | ||||||
17 | or deconstruction of a commercial wind energy facility or | ||||||
18 | commercial solar energy facility or related financial | ||||||
19 | assurances that are more restrictive than those included in | ||||||
20 | the Department of Agriculture's standard wind farm | ||||||
21 | agricultural impact mitigation agreement, template 81818, or | ||||||
22 | standard solar agricultural impact mitigation agreement, | ||||||
23 | version 8.19.19, as applicable and in effect on December 31, | ||||||
24 | 2022. The amount of any decommissioning payment shall be | ||||||
25 | limited to the cost identified in the decommissioning or | ||||||
26 | deconstruction plan, as required by those agricultural impact |
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1 | mitigation agreements, minus the salvage value of the project. | ||||||
2 | (k) A county may not condition approval of a commercial | ||||||
3 | wind energy facility or commercial solar energy facility on a | ||||||
4 | property value guarantee and may not require a facility owner | ||||||
5 | to pay into a neighboring property devaluation escrow account. | ||||||
6 | (l) A county may require certain vegetative screening | ||||||
7 | surrounding a commercial wind energy facility or commercial | ||||||
8 | solar energy facility but may not require earthen berms or | ||||||
9 | similar structures. | ||||||
10 | (m) A county may set blade tip height limitations for wind | ||||||
11 | towers in commercial wind energy facilities but may not set a | ||||||
12 | blade tip height limitation that is more restrictive than the | ||||||
13 | height allowed under a Determination of No Hazard to Air | ||||||
14 | Navigation by the Federal Aviation Administration under 14 CFR | ||||||
15 | Part 77. | ||||||
16 | (n) A county may require that a commercial wind energy | ||||||
17 | facility owner or commercial solar energy facility owner | ||||||
18 | provide: | ||||||
19 | (1) the results and recommendations from consultation | ||||||
20 | with the Illinois Department of Natural Resources that are | ||||||
21 | obtained through the Ecological Compliance Assessment Tool | ||||||
22 | (EcoCAT) or a comparable successor tool; and | ||||||
23 | (2) the results of the United States Fish and Wildlife | ||||||
24 | Service's Information for Planning and Consulting | ||||||
25 | environmental review or a comparable successor tool that | ||||||
26 | is consistent with (i) the "U.S. Fish and Wildlife |
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1 | Service's Land-Based Wind Energy Guidelines" and (ii) any | ||||||
2 | applicable United States Fish and Wildlife Service solar | ||||||
3 | wildlife guidelines that have been subject to public | ||||||
4 | review.
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5 | (o) A county may require a commercial wind energy facility | ||||||
6 | or commercial solar energy facility to adhere to the | ||||||
7 | recommendations provided by the Illinois Department of Natural | ||||||
8 | Resources in an EcoCAT natural resource review report under 17 | ||||||
9 | Ill. Adm. Admin. Code Part 1075. | ||||||
10 | (p) A county may require a facility owner to: | ||||||
11 | (1) demonstrate avoidance of protected lands as | ||||||
12 | identified by the Illinois Department of Natural Resources | ||||||
13 | and the Illinois Nature Preserve Commission; or | ||||||
14 | (2) consider the recommendations of the Illinois | ||||||
15 | Department of Natural Resources for setbacks from | ||||||
16 | protected lands, including areas identified by the | ||||||
17 | Illinois Nature Preserve Commission. | ||||||
18 | (q) A county may require that a facility owner provide | ||||||
19 | evidence of consultation with the Illinois State Historic | ||||||
20 | Preservation Office to assess potential impacts on | ||||||
21 | State-registered historic sites under the Illinois State | ||||||
22 | Agency Historic Resources Preservation Act. | ||||||
23 | (r) To maximize community benefits, including, but not | ||||||
24 | limited to, reduced stormwater runoff, flooding, and erosion | ||||||
25 | at the ground mounted solar energy system, improved soil | ||||||
26 | health, and increased foraging habitat for game birds, |
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1 | songbirds, and pollinators, a county may (1) require a | ||||||
2 | commercial solar energy facility owner to plant, establish, | ||||||
3 | and maintain for the life of the facility vegetative ground | ||||||
4 | cover, consistent with the goals of the Pollinator-Friendly | ||||||
5 | Solar Site Act and (2) require the submittal of a vegetation | ||||||
6 | management plan in the application to construct and operate a | ||||||
7 | commercial solar energy facility in the county. | ||||||
8 | No later than 90 days after January 27, 2023 ( the | ||||||
9 | effective date of Public Act 102-1123) this amendatory Act of | ||||||
10 | the 102nd General Assembly , the Illinois Department of Natural | ||||||
11 | Resources shall develop guidelines for vegetation management | ||||||
12 | plans that may be required under this subsection for | ||||||
13 | commercial solar energy facilities. The guidelines must | ||||||
14 | include guidance for short-term and long-term property | ||||||
15 | management practices that provide and maintain native and | ||||||
16 | non-invasive naturalized perennial vegetation to protect the | ||||||
17 | health and well-being of pollinators. | ||||||
18 | (s) If a facility owner enters into a road use agreement | ||||||
19 | with the Illinois Department of Transportation, a road | ||||||
20 | district, or other unit of local government relating to a | ||||||
21 | commercial wind energy facility or a commercial solar energy | ||||||
22 | facility, the road use agreement shall require the facility | ||||||
23 | owner to be responsible for (i) the reasonable cost of | ||||||
24 | improving roads used by the facility owner to construct the | ||||||
25 | commercial wind energy facility or the commercial solar energy | ||||||
26 | facility and (ii) the reasonable cost of repairing roads used |
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1 | by the facility owner during construction of the commercial | ||||||
2 | wind energy facility or the commercial solar energy facility | ||||||
3 | so that those roads are in a condition that is safe for the | ||||||
4 | driving public after the completion of the facility's | ||||||
5 | construction. Roadways improved in preparation for and during | ||||||
6 | the construction of the commercial wind energy facility or | ||||||
7 | commercial solar energy facility shall be repaired and | ||||||
8 | restored to the improved condition at the reasonable cost of | ||||||
9 | the developer if the roadways have degraded or were damaged as | ||||||
10 | a result of construction-related activities. | ||||||
11 | The road use agreement shall not require the facility | ||||||
12 | owner to pay costs, fees, or charges for road work that is not | ||||||
13 | specifically and uniquely attributable to the construction of | ||||||
14 | the commercial wind energy facility or the commercial solar | ||||||
15 | energy facility. Road-related fees, permit fees, or other | ||||||
16 | charges imposed by the Illinois Department of Transportation, | ||||||
17 | a road district, or other unit of local government under a road | ||||||
18 | use agreement with the facility owner shall be reasonably | ||||||
19 | related to the cost of administration of the road use | ||||||
20 | agreement. | ||||||
21 | (t) Notwithstanding any other provision of law, a facility | ||||||
22 | owner with siting approval from a county to construct a | ||||||
23 | commercial wind energy facility or a commercial solar energy | ||||||
24 | facility is authorized to cross or impact a drainage system, | ||||||
25 | including, but not limited to, drainage tiles, open drainage | ||||||
26 | districts, culverts, and water gathering vaults, owned or |
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1 | under the control of a drainage district under the Illinois | ||||||
2 | Drainage Code without obtaining prior agreement or approval | ||||||
3 | from the drainage district, except that the facility owner | ||||||
4 | shall repair or pay for the repair of all damage to the | ||||||
5 | drainage system caused by the construction of the commercial | ||||||
6 | wind energy facility or the commercial solar energy facility | ||||||
7 | within a reasonable time after construction of the commercial | ||||||
8 | wind energy facility or the commercial solar energy facility | ||||||
9 | is complete. | ||||||
10 | (u) The amendments to this Section adopted in Public Act | ||||||
11 | 102-1123 this amendatory Act of the 102nd General Assembly do | ||||||
12 | not apply to (1) an application for siting approval or for a | ||||||
13 | special use permit for a commercial wind energy facility or | ||||||
14 | commercial solar energy facility if the application was | ||||||
15 | submitted to a unit of local government before January 27, | ||||||
16 | 2023 ( the effective date of Public Act 102-1123) this | ||||||
17 | amendatory Act of the 102nd General Assembly or (2) a | ||||||
18 | commercial wind energy facility or a commercial solar energy | ||||||
19 | facility if the facility owner has submitted an agricultural | ||||||
20 | impact mitigation agreement to the Department of Agriculture | ||||||
21 | before January 27, 2023 ( the effective date of Public Act | ||||||
22 | 102-1123) this amendatory Act of the 102nd General Assembly . | ||||||
23 | (Source: P.A. 101-4, eff. 4-19-19; 102-1123, eff. 1-27-23; | ||||||
24 | revised 4-5-23.)
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25 | Section 99. Effective date. This Act takes effect upon | ||||||
26 | becoming law.
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