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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1    AN ACT concerning agriculture.

2    Be it enacted by the People of the State of Illinois, 
3represented in the General Assembly:

4    Section 5. The Renewable Energy Facilities Agricultural 
5Impact Mitigation Act is amended by changing Section 15 as 
6follows:

7    (505 ILCS 147/15)
8    Sec. 15. Agricultural impact mitigation agreement. 
9    (a) A commercial renewable energy facility owner of a 
10commercial wind energy facility or a commercial solar energy 
11facility that is located on landowner property shall enter 
12into an agricultural impact mitigation agreement with the 
13Department outlining construction and deconstruction standards 
14and policies designed to preserve the integrity of any 
15agricultural land that is impacted by commercial renewable 
16energy facility construction and deconstruction. The 
17construction and deconstruction of any commercial solar energy 
18facility shall be in conformance with the Department's 
19standard agricultural impact mitigation agreement referenced 
20in subsection (f) of this Section. Except as provided in 
21subsection (a-5) of this Section, the terms and conditions of 
22the Department's standard agricultural impact mitigation 
23agreement are subject to and may be modified by an underlying 
 
 
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1agreement between the landowner and the commercial solar 
2energy facility owner. 
3    (a-5) Prior to the commencement of construction, a 
4commercial solar energy facility owner shall submit to the 
5county in which the commercial solar facility is to be located 
6a deconstruction plan. A commercial solar energy facility 
7owner shall provide the county with an appropriate financial 
8assurance mechanism consistent with the Department's standard 
9agricultural impact mitigation agreement for and to assure 
10deconstruction in the event of an abandonment of a commercial 
11solar energy facility. 
12    (b) The agricultural impact mitigation agreement for a 
13commercial wind energy facility shall include, but is not 
14limited to, such items as restoration of agricultural land 
15affected by construction, deconstruction (including upon 
16abandonment of a commercial wind energy facility), 
17construction staging, and storage areas; support structures; 
18aboveground facilities; guy wires and anchors; underground 
19cabling depth; topsoil replacement; protection and repair of 
20agricultural drainage tiles; rock removal; repair of 
21compaction and rutting; land leveling; prevention of soil 
22erosion; repair of damaged soil conservation practices; 
23prevention and remediation of soil and water contamination 
24from the release of oil, lubricant, hydraulic fluid, 
25transformer solvent, insulation fluid, cleaning fluid, or any 
26other similar fluid; compensation for damages to private 
 
 
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1property; clearing of trees and brush; interference with 
2irrigation systems; access roads; weed control; pumping of 
3water from open excavations; advance notice of access to 
4private property; indemnification of landowners; and 
5deconstruction plans and financial assurance for 
6deconstruction (including upon abandonment of a commercial 
7wind energy facility). 
8    (b-5) The agricultural impact mitigation agreement for a 
9commercial solar energy facility shall include, but is not 
10limited to, such items as restoration of agricultural land 
11affected by construction, deconstruction (including upon 
12abandonment of a commercial solar energy facility); support 
13structures; aboveground facilities; guy wires and anchors; 
14underground cabling depth; topsoil removal and replacement; 
15rerouting and permanent repair of agricultural drainage tiles; 
16rock removal; repair of compaction and rutting; construction 
17during wet weather; land leveling; prevention of soil erosion; 
18repair of damaged soil conservation practices; compensation 
19for damages to private property; clearing of trees and brush; 
20access roads; weed control; advance notice of access to 
21private property; indemnification of landowners; and 
22deconstruction plans and financial assurance for 
23deconstruction (including upon abandonment of a commercial 
24solar energy facility). The commercial solar energy facility 
25owner shall enter into one agricultural impact mitigation 
26agreement for each commercial solar energy facility. 
 
 
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1    (c) For commercial wind energy facility owners seeking a 
2permit from a county or municipality for the construction of a 
3commercial wind energy facility, the agricultural impact 
4mitigation agreement shall be entered into prior to the public 
5hearing required prior to a siting decision of a county or 
6municipality regarding the commercial wind energy facility. 
7The agricultural impact mitigation agreement is binding on any 
8subsequent commercial wind energy facility owner that takes 
9ownership of the commercial wind energy facility that is the 
10subject of the agreement. 
11    (c-5) A commercial solar energy facility owner shall, not 
12less than 45 days prior to commencement of actual 
13construction, submit to the Department a standard agricultural 
14impact mitigation agreement as referenced in subsection (f) of 
15this Section signed by the commercial solar energy facility 
16owner and including all information required by the 
17Department. The commercial solar energy facility owner shall 
18provide either a copy of that submitted agreement or a copy of 
19the fully executed project-specific agricultural impact 
20mitigation agreement to the landowner not less than 30 days 
21prior to the commencement of construction. The agricultural 
22impact mitigation agreement is binding on any subsequent 
23commercial solar energy facility owner that takes ownership of 
24the commercial solar energy facility that is the subject of 
25the agreement. 
26    (d) If a commercial renewable energy facility owner seeks 
 
 
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1an extension of a permit granted by a county or municipality 
2for the construction of a commercial wind energy facility 
3prior to the effective date of this Act, the agricultural 
4impact mitigation agreement shall be entered into prior to a 
5decision by the county or municipality to grant the permit 
6extension. 
7    (e) The Department may adopt rules that are necessary and 
8appropriate for the implementation and administration of 
9agricultural impact mitigation agreements as required under 
10this Act. 
11    (f) The Department shall make available on its website a 
12standard agricultural impact mitigation agreement applicable 
13to all commercial solar energy facilities within 60 days after 
14the effective date of this amendatory Act of the 100th General 
15Assembly. 
16    (g) Nothing in this amendatory Act of the 100th General 
17Assembly and nothing in an agricultural impact mitigation 
18agreement shall be construed to apply to or otherwise impair 
19an underlying agreement for a commercial solar energy facility 
20entered into prior to the effective date of this amendatory 
21Act of the 100th General Assembly. 
22(Source: P.A. 99-132, eff. 7-24-15; 100-598, eff. 6-29-18.)