Bill Text: IL SB1597 | 2025-2026 | 104th General Assembly | Introduced

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Bill Title: Amends the Renewable Energy Facilities Agricultural Impact Mitigation Act. In a provision regarding agricultural impact mitigation agreements, provides that an agricultural impact mitigation agreement for a commercial energy facility shall include a provision for the prevention and remediation of soil and water contamination from the release of oil, lubricant, hydraulic fluid, transformer solvent, insulation fluid, cleaning fluid, or any other similar fluid.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced) 2025-02-04 - Referred to Assignments [SB1597 Detail]

Download: Illinois-2025-SB1597-Introduced.html

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104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB1597 Introduced 2/4/2025, by Sen. Sally J. Turner SYNOPSIS AS INTRODUCED:
505 ILCS 147/15
Amends the Renewable Energy Facilities Agricultural Impact Mitigation Act. In a provision regarding agricultural impact mitigation agreements, provides that an agricultural impact mitigation agreement for a commercial energy facility shall include a provision for the prevention and remediation of soil and water contamination from the release of oil, lubricant, hydraulic fluid, transformer solvent, insulation fluid, cleaning fluid, or any other similar fluid.
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A BILL FOR
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AN ACT concerning agriculture.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Renewable Energy Facilities Agricultural
Impact Mitigation Act is amended by changing Section 15 as
follows:
(505 ILCS 147/15)
Sec. 15. Agricultural impact mitigation agreement.
(a) A commercial renewable energy facility owner of a
commercial wind energy facility or a commercial solar energy
facility that is located on landowner property shall enter
into an agricultural impact mitigation agreement with the
Department outlining construction and deconstruction standards
and policies designed to preserve the integrity of any
agricultural land that is impacted by commercial renewable
energy facility construction and deconstruction. The
construction and deconstruction of any commercial solar energy
facility shall be in conformance with the Department's
standard agricultural impact mitigation agreement referenced
in subsection (f) of this Section. Except as provided in
subsection (a-5) of this Section, the terms and conditions of
the Department's standard agricultural impact mitigation
agreement are subject to and may be modified by an underlying

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agreement between the landowner and the commercial solar
energy facility owner.
(a-5) Prior to the commencement of construction, a
commercial solar energy facility owner shall submit to the
county in which the commercial solar facility is to be located
a deconstruction plan. A commercial solar energy facility
owner shall provide the county with an appropriate financial
assurance mechanism consistent with the Department's standard
agricultural impact mitigation agreement for and to assure
deconstruction in the event of an abandonment of a commercial
solar energy facility.
(b) The agricultural impact mitigation agreement for a
commercial wind energy facility shall include, but is not
limited to, such items as restoration of agricultural land
affected by construction, deconstruction (including upon
abandonment of a commercial wind energy facility),
construction staging, and storage areas; support structures;
aboveground facilities; guy wires and anchors; underground
cabling depth; topsoil replacement; protection and repair of
agricultural drainage tiles; rock removal; repair of
compaction and rutting; land leveling; prevention of soil
erosion; repair of damaged soil conservation practices;
prevention and remediation of soil and water contamination
from the release of oil, lubricant, hydraulic fluid,
transformer solvent, insulation fluid, cleaning fluid, or any
other similar fluid; compensation for damages to private

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property; clearing of trees and brush; interference with
irrigation systems; access roads; weed control; pumping of
water from open excavations; advance notice of access to
private property; indemnification of landowners; and
deconstruction plans and financial assurance for
deconstruction (including upon abandonment of a commercial
wind energy facility).
(b-5) The agricultural impact mitigation agreement for a
commercial solar energy facility shall include, but is not
limited to, such items as restoration of agricultural land
affected by construction, deconstruction (including upon
abandonment of a commercial solar energy facility); support
structures; aboveground facilities; guy wires and anchors;
underground cabling depth; topsoil removal and replacement;
rerouting and permanent repair of agricultural drainage tiles;
rock removal; repair of compaction and rutting; construction
during wet weather; land leveling; prevention of soil erosion;
repair of damaged soil conservation practices; compensation
for damages to private property; clearing of trees and brush;
access roads; weed control; advance notice of access to
private property; indemnification of landowners; and
deconstruction plans and financial assurance for
deconstruction (including upon abandonment of a commercial
solar energy facility). The commercial solar energy facility
owner shall enter into one agricultural impact mitigation
agreement for each commercial solar energy facility.

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(c) For commercial wind energy facility owners seeking a
permit from a county or municipality for the construction of a
commercial wind energy facility, the agricultural impact
mitigation agreement shall be entered into prior to the public
hearing required prior to a siting decision of a county or
municipality regarding the commercial wind energy facility.
The agricultural impact mitigation agreement is binding on any
subsequent commercial wind energy facility owner that takes
ownership of the commercial wind energy facility that is the
subject of the agreement.
(c-5) A commercial solar energy facility owner shall, not
less than 45 days prior to commencement of actual
construction, submit to the Department a standard agricultural
impact mitigation agreement as referenced in subsection (f) of
this Section signed by the commercial solar energy facility
owner and including all information required by the
Department. The commercial solar energy facility owner shall
provide either a copy of that submitted agreement or a copy of
the fully executed project-specific agricultural impact
mitigation agreement to the landowner not less than 30 days
prior to the commencement of construction. The agricultural
impact mitigation agreement is binding on any subsequent
commercial solar energy facility owner that takes ownership of
the commercial solar energy facility that is the subject of
the agreement.
(d) If a commercial renewable energy facility owner seeks

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an extension of a permit granted by a county or municipality
for the construction of a commercial wind energy facility
prior to the effective date of this Act, the agricultural
impact mitigation agreement shall be entered into prior to a
decision by the county or municipality to grant the permit
extension.
(e) The Department may adopt rules that are necessary and
appropriate for the implementation and administration of
agricultural impact mitigation agreements as required under
this Act.
(f) The Department shall make available on its website a
standard agricultural impact mitigation agreement applicable
to all commercial solar energy facilities within 60 days after
the effective date of this amendatory Act of the 100th General
Assembly.
(g) Nothing in this amendatory Act of the 100th General
Assembly and nothing in an agricultural impact mitigation
agreement shall be construed to apply to or otherwise impair
an underlying agreement for a commercial solar energy facility
entered into prior to the effective date of this amendatory
Act of the 100th General Assembly.
(Source: P.A. 99-132, eff. 7-24-15; 100-598, eff. 6-29-18.)