Bill Text: IL SB2416 | 2025-2026 | 104th General Assembly | Introduced

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Bill Title: Amends the Counties Code. Provides that a commercial wind energy facility or commercial solar energy facility proposed to be located on property in an unincorporated area of the county within the zoning jurisdiction of a municipality and located adjacent to the corporate boundary of a municipality shall either be annexed to the municipality or be subject to the municipality's zoning regulations. Provides factors for determining if a request for siting approval or a special use permit for a commercial wind energy facility or a commercial solar energy facility, or modification of an approved siting or special use permit, is in compliance with the standards and conditions imposed in the Code, the zoning ordinance adopted consistent with the Code, and the conditions imposed under State and federal statutes and regulations. Provides that a county may not approve a request for siting approval or a special use permit for a commercial wind energy facility or a commercial solar energy facility or modification of an approved siting or special use permit, if the proposal shall disturb more than one acre of land, unless the facility owner has obtained a National Pollution Discharge Elimination System ("NPDES") permit from the Illinois Environmental Protection Agency. Requires a facility owner to provide the county in which a commercial solar energy facility or commercial wind energy facility to be located, a deconstruction plan that has been prepared by a professional engineer who has been selected by the facility owner. Provides that, based on an initial evaluation or reevaluation during the county approval process, the county may require changes in the level of financial assurance used to calculate the financial assurance level from the facility owner. Amends the Renewable Energy Facilities Agricultural Impact Mitigation Act. Provides that the standard agricultural impact mitigation agreements shall be amended as needed to conform with the financial assurance procedures and requirements under specified provisions of the Counties Code. Makes other changes.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2025-02-07 - Referred to Assignments [SB2416 Detail]

Download: Illinois-2025-SB2416-Introduced.html

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104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB2416 Introduced 2/7/2025, by Sen. Emil Jones, III SYNOPSIS AS INTRODUCED:
55 ILCS 5/5-12020
505 ILCS 147/10
505 ILCS 147/15
Amends the Counties Code. Provides that a commercial wind energy facility or commercial solar energy facility proposed to be located on property in an unincorporated area of the county within the zoning jurisdiction of a municipality and located adjacent to the corporate boundary of a municipality shall either be annexed to the municipality or be subject to the municipality's zoning regulations. Provides factors for determining if a request for siting approval or a special use permit for a commercial wind energy facility or a commercial solar energy facility, or modification of an approved siting or special use permit, is in compliance with the standards and conditions imposed in the Code, the zoning ordinance adopted consistent with the Code, and the conditions imposed under State and federal statutes and regulations. Provides that a county may not approve a request for siting approval or a special use permit for a commercial wind energy facility or a commercial solar energy facility or modification of an approved siting or special use permit, if the proposal shall disturb more than one acre of land, unless the facility owner has obtained a National Pollution Discharge Elimination System ("NPDES") permit from the Illinois Environmental Protection Agency. Requires a facility owner to provide the county in which a commercial solar energy facility or commercial wind energy facility to be located, a deconstruction plan that has been prepared by a professional engineer who has been selected by the facility owner. Provides that, based on an initial evaluation or reevaluation during the county approval process, the county may require changes in the level of financial assurance used to calculate the financial assurance level from the facility owner. Amends the Renewable Energy Facilities Agricultural Impact Mitigation Act. Provides that the standard agricultural impact mitigation agreements shall be amended as needed to conform with the financial assurance procedures and requirements under specified provisions of the Counties Code. Makes other changes.
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A BILL FOR
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AN ACT concerning local government.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Counties Code is amended by changing
Section 5-12020 as follows:
(55 ILCS 5/5-12020)
Sec. 5-12020. Commercial wind energy facilities and
commercial solar energy facilities.
(a) As used in this Section:
"Commercial operation date" means the calendar date the
facility owner notifies the landowner, county, and Illinois
Department of Agriculture in writing that commercial operation
of a commercial solar energy facility or commercial wind
energy facility has commenced.
"Commercial solar energy facility" means a "commercial
solar energy system" as defined in Section 10-720 of the
Property Tax Code. "Commercial solar energy facility" does not
mean a utility-scale solar energy facility being constructed
at a site that was eligible to participate in a procurement
event conducted by the Illinois Power Agency pursuant to
subsection (c-5) of Section 1-75 of the Illinois Power Agency
Act.
"Commercial wind energy facility" means a wind energy

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conversion facility of equal or greater than 500 kilowatts in
total nameplate generating capacity. "Commercial wind energy
facility" includes a wind energy conversion facility seeking
an extension of a permit to construct granted by a county or
municipality before January 27, 2023 (the effective date of
Public Act 102-1123).
"Facility owner" means (i) a person with a direct
ownership interest in a commercial wind energy facility or a
commercial solar energy facility, or both, regardless of
whether the person is involved in acquiring the necessary
rights, permits, and approvals or otherwise planning for the
construction and operation of the facility, and (ii) at the
time the facility is being developed, a person who is acting as
a developer of the facility by acquiring the necessary rights,
permits, and approvals or by planning for the construction and
operation of the facility, regardless of whether the person
will own or operate the facility.
"Nonparticipating property" means real property that is
not a participating property.
"Nonparticipating residence" means a residence that is
located on nonparticipating property and that is existing and
occupied on the date that an application for a permit to
develop the commercial wind energy facility or the commercial
solar energy facility is filed with the county.
"Occupied community building" means any one or more of the
following buildings that is existing and occupied on the date

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that the application for a permit to develop the commercial
wind energy facility or the commercial solar energy facility
is filed with the county: a school, place of worship, day care
facility, public library, or community center.
"Participating property" means real property that is the
subject of a written agreement between a facility owner and
the owner of the real property that provides the facility
owner an easement, option, lease, or license to use the real
property for the purpose of constructing a commercial wind
energy facility, a commercial solar energy facility, or
supporting facilities. "Participating property" also includes
real property that is owned by a facility owner for the purpose
of constructing a commercial wind energy facility, a
commercial solar energy facility, or supporting facilities.
"Participating residence" means a residence that is
located on participating property and that is existing and
occupied on the date that an application for a permit to
develop the commercial wind energy facility or the commercial
solar energy facility is filed with the county.
"Protected lands" means real property that is:
(1) subject to a permanent conservation right
consistent with the Real Property Conservation Rights Act;
or
(2) registered or designated as a nature preserve,
buffer, or land and water reserve under the Illinois
Natural Areas Preservation Act.

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"Supporting facilities" means the transmission lines,
substations, access roads, meteorological towers, storage
containers, and equipment associated with the generation and
storage of electricity by the commercial wind energy facility
or commercial solar energy facility.
"Wind tower" includes the wind turbine tower, nacelle, and
blades.
(b) Notwithstanding any other provision of law or whether
the county has formed a zoning commission and adopted formal
zoning under Section 5-12007, a county may establish standards
for commercial wind energy facilities, commercial solar energy
facilities, or both. The standards may include all of the
requirements specified in this Section but may not include
requirements for commercial wind energy facilities or
commercial solar energy facilities that are more restrictive
than specified in this Section. A county may also regulate the
siting of commercial wind energy facilities with standards
that are not more restrictive than the requirements specified
in this Section in unincorporated areas of the county that are
outside the zoning jurisdiction of a municipality and that are
outside the 1.5-mile radius surrounding the zoning
jurisdiction of a municipality.
(c) If a county has elected to establish standards under
subsection (b), before the county grants siting approval or a
special use permit for a commercial wind energy facility or a
commercial solar energy facility, or modification of an

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approved siting or special use permit, the county board of the
county in which the facility is to be sited or the zoning board
of appeals for the county shall hold at least one public
hearing. The public hearing shall be conducted in accordance
with the Open Meetings Act and shall be held not more than 60
days after the filing of the application for the facility. The
county shall allow interested parties to a special use permit
an opportunity to present evidence and to cross-examine
witnesses at the hearing, but the county may impose reasonable
restrictions on the public hearing, including reasonable time
limitations on the presentation of evidence and the
cross-examination of witnesses. The county shall also allow
public comment at the public hearing in accordance with the
Open Meetings Act. The county shall make its siting and
permitting decisions not more than 60 30 days after the
conclusion of the public hearing. Notice of the hearing shall
be published in a newspaper of general circulation in the
county. A facility owner must enter into an agricultural
impact mitigation agreement with the Department of Agriculture
prior to the date of the required public hearing. A commercial
wind energy facility owner seeking an extension of a permit
granted by a county prior to July 24, 2015 (the effective date
of Public Act 99-132) must enter into an agricultural impact
mitigation agreement with the Department of Agriculture prior
to a decision by the county to grant the permit extension.
Counties may allow test wind towers or test solar energy

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systems to be sited without formal approval by the county
board.
(c-5) A commercial wind energy facility or commercial
solar energy facility proposed to be located on property in an
unincorporated area of the county within the zoning
jurisdiction of a municipality and located adjacent to the
corporate boundary of a municipality shall either be annexed
to the municipality subject to the requirements under Section
7-1-1 of the Illinois Municipal Code or be subject to the
municipality's zoning regulations.
(d) A county with an existing zoning ordinance in conflict
with this Section shall amend that zoning ordinance to be in
compliance with this Section within 120 days after January 27,
2023 (the effective date of Public Act 102-1123).
(e) A county may require:
(1) a wind tower of a commercial wind energy facility
to be sited as follows, with setback distances measured
from the center of the base of the wind tower:
Setback Description Setback Distance
Occupied Community 2.1 times the maximum blade tip
Buildings height of the wind tower to the
nearest point on the outside
wall of the structure

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Participating Residences 1.1 times the maximum blade tip
height of the wind tower to the
nearest point on the outside
wall of the structure
Nonparticipating Residences 2.1 times the maximum blade tip
height of the wind tower to the
nearest point on the outside
wall of the structure
Boundary Lines of None
Participating Property
Boundary Lines of 1.1 times the maximum blade tip
Nonparticipating Property height of the wind tower to the
nearest point on the property
line of the nonparticipating
property
Public Road Rights-of-Way 1.1 times the maximum blade tip
height of the wind tower
to the center point of the
public road right-of-way
Overhead Communication and 1.1 times the maximum blade tip
Electric Transmission height of the wind tower to the

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and Distribution Facilities nearest edge of the property
(Not Including Overhead line, easement, or
Utility Service Lines to right-of-way
Individual Houses or containing the overhead line
Outbuildings)
Overhead Utility Service None
Lines to Individual
Houses or Outbuildings
Fish and Wildlife Areas 2.1 times the maximum blade
and Illinois Nature tip height of the wind tower
Preserve Commission to the nearest point on the
Protected Lands property line of the fish and
wildlife area or protected
land
This Section does not exempt or excuse compliance with
electric facility clearances approved or required by the
National Electrical Code, the The National Electrical
Safety Code, the Illinois Commerce Commission, and the
Federal Energy Regulatory Commission, and their designees
or successors; .
(2) a wind tower of a commercial wind energy facility
to be sited so that industry standard computer modeling
indicates that any occupied community building or
nonparticipating residence will not experience more than

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30 hours per year of shadow flicker under planned
operating conditions;
(3) a commercial solar energy facility to be sited as
follows, with setback distances measured from the nearest
edge of any component of the facility:
Setback Description Setback Distance
Occupied Community 150 feet from the nearest
Buildings and Dwellings on point on the outside wall
Nonparticipating Properties of the structure
Boundary Lines of None
Participating Property
Public Road Rights-of-Way 50 feet from the nearest
edge
Boundary Lines of 50 feet to the nearest
Nonparticipating Property point on the property
line of the nonparticipating
property
(4) a commercial solar energy facility to be sited so
that the facility's perimeter is enclosed by fencing
having a height of at least 6 feet and no more than 25

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feet; and
(5) a commercial solar energy facility to be sited so
that no component of a solar panel has a height of more
than 20 feet above ground when the solar energy facility's
arrays are at full tilt.
The requirements set forth in this subsection (e) may be
waived subject to the written consent of the owner of each
affected nonparticipating property.
(e-5) Commercial solar energy facilities or commercial
wind energy facilities shall be placed in zoning districts
primarily intended for agricultural or manufacturing uses.
(f) A county may not set a sound limitation for wind towers
in commercial wind energy facilities or any components in
commercial solar energy facilities that is more restrictive
than the sound limitations established by the Illinois
Pollution Control Board under 35 Ill. Adm. Code Parts 900,
901, and 910.
(f-5) A county may designate commercial wind energy
facilities and commercial solar energy facilities as permitted
uses for certain zoning districts.
(g) A county may not place any restriction on the
installation or use of a commercial wind energy facility or a
commercial solar energy facility unless it adopts an ordinance
that complies with this Section. A county may not establish
siting standards for supporting facilities that preclude
development of commercial wind energy facilities or commercial

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solar energy facilities, unless the development is determined
by the county, based evidence presented at a public hearing,
to be detrimental to the public health, safety, or welfare of
county residents or the development site or adjacent property
consistent with the legal standard set forth in the Illinois
Supreme Court case, La Salle National Bank of Chicago v. Cook
County, 12 Ill. 2d 40(1957).
A request for siting approval or a special use permit for a
commercial wind energy facility or a commercial solar energy
facility, or modification of an approved siting or special use
permit, shall be approved if the request is in compliance with
the standards and conditions imposed in this Act, the zoning
ordinance adopted consistent with this Code, and the
conditions imposed under State and federal statutes and
regulations, and if the approval would not be invalid
considering the following factors: .
(1) The uniformity with the existing uses and zoning
of nearby property.
(2) The extent to which property values are diminished
by the particular zoning restrictions.
(3) The extent to which the destruction of property
values promotes the health, safety, morals, or general
welfare of the public.
(4) The relative gain to the public as compared to the
hardship imposed on the individual property owner.
(5) The suitability of the property for the zoned

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purpose.
(6) The length of time the property has been vacant as
zoned considered in the context of land development in the
area.
(7) The care with which a community has planned its
land use development.
(8) The community need for the proposed use.
(g-5) A county may not approve a request for siting
approval or a special use permit for a commercial wind energy
facility or a commercial solar energy facility or modification
of an approved siting or special use permit, if the proposal
shall disturb more than one acre of land, unless the facility
owner has obtained a National Pollution Discharge Elimination
System ("NPDES") permit from the Illinois Environmental
Protection Agency.
(h) A county may not adopt zoning regulations that
disallow, permanently or temporarily, commercial wind energy
facilities or commercial solar energy facilities from being
developed or operated in any district zoned to allow
agricultural or industrial uses.
(h-5) A county may deny a request for a special use permit
for a commercial solar energy facility or commercial wind
energy facility in areas planned for residential development
by either a county comprehensive plan or a municipal
comprehensive plan.
(i) A county may not require permit application fees for a

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commercial wind energy facility or commercial solar energy
facility that are unreasonable. All application fees imposed
by the county shall be consistent with fees for projects in the
county with similar capital value and cost.
(j) A county may set forth standards for construction,
repair, decommissioning, or deconstruction of a commercial
wind energy facility or commercial solar energy facility
within its boundaries. Any Except as otherwise provided in
this Section, a county shall not require standards for
construction, repair, decommissioning, or deconstruction of a
commercial wind energy facility or commercial solar energy
facility imposed by a county must satisfy the minimum
standards set forth or related financial assurances that are
more restrictive than those included in the Department of
Agriculture's standard wind farm agricultural impact
mitigation agreement, template 81818, or standard solar
agricultural impact mitigation agreement, version 8.19.19, as
applicable and in effect on December 31, 2022, or the most
recent version of the mitigation agreements if any subsequent
version has been adopted after December 31, 2022. The amount
of any decommissioning payment shall be in accordance with the
financial assurance required by this Section those
agricultural impact mitigation agreements.
(j-5) Each A commercial wind energy facility or a
commercial solar energy facility shall require file a farmland
drainage plan approved by with the county and impacted

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drainage districts that outlines outlining how surface and
subsurface drainage of farmland will be restored during and
following construction or deconstruction of the facility. The
plan is to be created by an independent consultant, selected
by the county, and paid for independently by the facility
developer and shall include the location of any potentially
impacted drainage district facilities to the extent this
information is publicly available from the county or the
drainage district, plans to repair any subsurface drainage
affected during construction or deconstruction using
procedures outlined in the agricultural impact mitigation
agreement entered into by the commercial wind energy facility
owner or commercial solar energy facility owner, and
procedures for the repair and restoration of surface drainage
affected during construction or deconstruction. All surface
and subsurface damage shall be repaired as soon as reasonably
practicable. The county and impacted drainage districts shall
complete review of the farmland drainage plan within 60 days
after submission of the plan to the county. Upon completion of
review, the county and impacted drainage districts shall issue
a written determination to the facility developer either
approving the plan or specifically identifying the reason for
denial of the plan.
(j-10) In accordance with the Renewable Energy Facilities
Agricultural Impact Mitigation Act, a facility owner shall
provide the county in which a commercial solar energy facility

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or commercial wind energy facility to be located, a
deconstruction plan that has been prepared by a professional
engineer, as defined in Section 10 of the Renewable Energy
Facilities Agricultural Impact Mitigation Act, who has been
selected by the facility owner. The deconstruction plan shall
contain information that satisfies each of the components of
deconstruction as set forth in the definition of
"deconstruction" and "deconstruction plan" and in the
construction and deconstruction standards and policies of the
Department of Agriculture's standard wind farm agricultural
impact mitigation agreement, template 81818, or standard solar
agricultural impact mitigation agreement, version 8.19.19, as
applicable and in effect on December 31, 2022, or the most
recent version of the mitigation agreements if any subsequent
version has been adopted after December 31, 2022. The county
shall have its own professional engineer review the
deconstruction plan and either approve or reject the
deconstruction plan within 60 days after a complete submittal.
If the deconstruction plan is rejected, the county shall
provide a written statement of the specific reasons for
rejection. The facility owner may file a revised
deconstruction plan that addresses the specific reasons that
led to the rejection of the deconstruction plan. The county
shall review and act on any revised deconstruction plan within
30 days after it is resubmitted. The facility owner shall
reevaluate the estimated costs of deconstruction of any

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facility after the fifth anniversary, and every 5 years
thereafter, of the commercial operation date. The facility
owner shall file with the county on or before the end of the
fifth year of commercial operation, and then every fifth year
thereafter, for approval by the county, an updated
deconstruction plan prepared by a professional engineer who
has been selected by the county. Based on an initial
evaluation or reevaluation during the county approval process,
the county may require changes in the level of financial
assurance used to calculate the financial assurance level
described in this Section required from the facility owner. If
the county is unable to perform, to its satisfaction, the
investigations of the content of the deconstruction plan
necessary to approve the deconstruction plan filed by the
facility owner, then the county and facility may mutually
agree on the selection of a professional engineer independent
of the facility owner to conduct any necessary investigations
of the content of the deconstruction plan necessary to approve
the deconstruction plan. The facility owner shall be
responsible for the cost of the preparation of the
deconstruction plan by its professional engineer or any
independent professional engineer and the cost of any plan
reviews by the professional engineer selected by the county. A
commercial solar energy facility owner or commercial wind
energy facility owner shall provide the county with an
appropriate financial assurance mechanism consistent with the

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financial requirements of this subsection, which shall be set
forth in the Department of Agriculture's standard wind farm
agricultural impact mitigation agreement, template 81818, or
standard solar agricultural impact mitigation agreement,
version 8.19.19, as applicable and in effect on December 31,
2022, or the most recent version of the mitigation agreements
if any subsequent version has been adopted after December 31,
2022. The financial assurance shall be sufficient to cover the
estimated costs of public safety or emergency repairs to the
facility if damage to the facility caused by natural disaster
or by operational malfunction, and the estimated costs of
repairs the deconstruction of the facility in the event of
abandonment of a commercial wind energy facility or
abandonment of a commercial solar energy facility, as defined
in Section 10 of the Renewable Energy Facilities Agricultural
Impact Mitigation Act. The facility owner shall provide the
county with the initial financial assurance to cover 100% of
the estimated deconstruction costs prior to the commercial
operation date. A county may use the financial assurance
provided by the facility owner to cover public safety or
emergency repairs that are not timely addressed by the
facility owner, as determined by the county's designated
representative. In the event that a county must use a portion
of the financial assurance to address any public safety or
emergency repairs or to deconstruct a portion of the facility,
the facility owner shall replenish the financial assurance for

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the amount used within 60 days after the expenditure of the
financial assurance consistent with the Department's standard
agricultural impact mitigation agreement. The purpose of the
financial assurance shall be for and to assure deconstruction
in the event of an abandonment of a commercial solar energy
facility or commercial wind energy facility or to cover the
estimated costs of public safety or emergency repairs to the
facility in the event of damage to the facility caused by
natural disaster or operational malfunction.
(k) A county may not condition approval of a commercial
wind energy facility or commercial solar energy facility on a
property value guarantee and may not require a facility owner
to pay into a neighboring property devaluation escrow account.
(l) A county may require certain vegetative screening
surrounding a commercial wind energy facility or commercial
solar energy facility but may not require earthen berms or
similar structures, except that a county may require earth
berms for ground-based commercial solar energy projects and
may adopt regulations governing the construction and
maintenance of such earth berms.
(m) A county may set blade tip height limitations for wind
towers in commercial wind energy facilities but may not set a
blade tip height limitation that is more restrictive than the
height allowed under a Determination of No Hazard to Air
Navigation by the Federal Aviation Administration under 14 CFR
Part 77.

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(n) A county may require that a commercial wind energy
facility owner or commercial solar energy facility owner
provide:
(1) the results and recommendations from consultation
with the Illinois Department of Natural Resources that are
obtained through the Ecological Compliance Assessment Tool
(EcoCAT) or a comparable successor tool; and
(2) the results of the United States Fish and Wildlife
Service's Information for Planning and Consulting
environmental review or a comparable successor tool that
is consistent with (i) the "U.S. Fish and Wildlife
Service's Land-Based Wind Energy Guidelines" and (ii) any
applicable United States Fish and Wildlife Service solar
wildlife guidelines that have been subject to public
review.
(o) A county may require a commercial wind energy facility
or commercial solar energy facility to adhere to the
recommendations provided by the Illinois Department of Natural
Resources in an EcoCAT natural resource review report under 17
Ill. Adm. Code Part 1075.
(p) A county may require a facility owner to:
(1) demonstrate avoidance of protected lands as
identified by the Illinois Department of Natural Resources
and the Illinois Nature Preserve Commission; or
(2) consider the recommendations of the Illinois
Department of Natural Resources for setbacks from

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protected lands, including areas identified by the
Illinois Nature Preserve Commission.
(q) A county may require that a facility owner provide
evidence of consultation with the Illinois State Historic
Preservation Office to assess potential impacts on
State-registered historic sites under the Illinois State
Agency Historic Resources Preservation Act.
(r) To maximize community benefits, including, but not
limited to, reduced stormwater runoff, flooding, and erosion
at the ground mounted solar energy system, improved soil
health, and increased foraging habitat for game birds,
songbirds, and pollinators, a county may (1) require a
commercial solar energy facility owner to plant, establish,
and maintain for the life of the facility vegetative ground
cover, consistent with the goals of the Pollinator-Friendly
Solar Site Act and (2) require the submittal of a vegetation
management plan that is in compliance with the agricultural
impact mitigation agreement in the application to construct
and operate a commercial solar energy facility in the county
if the vegetative ground cover and vegetation management plan
comply with the requirements of the underlying agreement with
the landowner or landowners where the facility will be
constructed.
No later than 90 days after January 27, 2023 (the
effective date of Public Act 102-1123), the Illinois
Department of Natural Resources shall develop guidelines for

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vegetation management plans that may be required under this
subsection for commercial solar energy facilities. The
guidelines must include guidance for short-term and long-term
property management practices that provide and maintain native
and non-invasive naturalized perennial vegetation to protect
the health and well-being of pollinators.
(s) If a facility owner enters into a road use agreement
with the Illinois Department of Transportation, a road
district, or other unit of local government relating to a
commercial wind energy facility or a commercial solar energy
facility, the road use agreement shall require the facility
owner to be responsible for (i) the reasonable cost of
improving roads used by the facility owner to construct the
commercial wind energy facility or the commercial solar energy
facility and (ii) the reasonable cost of repairing roads used
by the facility owner during construction of the commercial
wind energy facility or the commercial solar energy facility
so that those roads are in a condition that is safe for the
driving public after the completion of the facility's
construction. Roadways improved in preparation for and during
the construction of the commercial wind energy facility or
commercial solar energy facility shall be repaired and
restored to the improved condition at the reasonable cost of
the developer if the roadways have degraded or were damaged as
a result of construction-related activities.
The road use agreement shall not require the facility

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owner to pay costs, fees, or charges for road work that is not
specifically and uniquely attributable to the construction of
the commercial wind energy facility or the commercial solar
energy facility. Road-related fees, permit fees, or other
charges imposed by the Illinois Department of Transportation,
a road district, or other unit of local government under a road
use agreement with the facility owner shall be reasonably
related to the cost of administration of the road use
agreement.
(s-5) The facility owner shall also compensate landowners
for crop losses or other agricultural damages resulting from
damage to the drainage system caused by the construction of
the commercial wind energy facility or the commercial solar
energy facility. The commercial wind energy facility owner or
commercial solar energy facility owner shall repair or pay for
the repair of all damage to the subsurface drainage system
caused by the construction of the commercial wind energy
facility or the commercial solar energy facility in accordance
with the agriculture impact mitigation agreement requirements
for repair of drainage. The commercial wind energy facility
owner or commercial solar energy facility owner shall repair
or pay for the repair and restoration of surface drainage
caused by the construction or deconstruction of the commercial
wind energy facility or the commercial solar energy facility
as soon as reasonably practicable.
(t) Notwithstanding any other provision of law, a facility

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owner with siting approval from a county to construct a
commercial wind energy facility or a commercial solar energy
facility is authorized to cross or impact a drainage system,
including, but not limited to, drainage tiles, open drainage
ditches, culverts, and water gathering vaults, owned or under
the control of a drainage district under the Illinois Drainage
Code, if the facility owner has obtained prior approval of a
farmland drainage plan approved by a county, the impacted
drainage districts, or both the county and the impacted
drainage district without obtaining prior agreement or
approval from the drainage district in accordance with the
farmland drainage plan required by subsection (j-5).
(u) The amendments to this Section adopted in Public Act
102-1123 do not apply to: (1) an application for siting
approval or for a special use permit for a commercial wind
energy facility or commercial solar energy facility if the
application was submitted to a unit of local government before
January 27, 2023 (the effective date of Public Act 102-1123);
(2) a commercial wind energy facility or a commercial solar
energy facility if the facility owner has submitted an
agricultural impact mitigation agreement to the Department of
Agriculture before January 27, 2023 (the effective date of
Public Act 102-1123); or (3) a commercial wind energy or
commercial solar energy development on property that is
located within an enterprise zone certified under the Illinois
Enterprise Zone Act, that was classified as industrial by the

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appropriate zoning authority on or before January 27, 2023,
and that is located within 4 miles of the intersection of
Interstate 88 and Interstate 39.
(Source: P.A. 102-1123, eff. 1-27-23; 103-81, eff. 6-9-23;
103-580, eff. 12-8-23; revised 7-29-24.)
Section 15. The Renewable Energy Facilities Agricultural
Impact Mitigation Act is amended by changing Sections 10 and
15 as follows:
(505 ILCS 147/10)
Sec. 10. Definitions. As used in this Act:
"Abandonment of a commercial wind energy facility" means
when deconstruction has not been completed within 18 months
after the commercial wind energy facility reaches the end of
its useful life. For purposes of this definition, a commercial
wind energy facility will be presumed to have reached the end
of its useful life if (1) no electricity is generated for a
continuous period of 12 months and (2) the commercial wind
energy facility owner fails, for a period of 6 consecutive
months, to pay the landowner amounts owed in accordance with
the underlying agreement.
"Abandonment of a commercial solar energy facility" means
when deconstruction has not been completed within 12 months
after the commercial solar energy facility reaches the end of
its useful life. For purposes of this definition, a commercial

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solar energy facility shall be presumed to have reached the
end of its useful life if the commercial solar energy facility
owner fails, for a period of 6 consecutive months, to pay the
landowner amounts owed in accordance with the underlying
agreement.
"Agricultural impact mitigation agreement" means an
agreement between the commercial wind energy facility owner or
the commercial solar energy facility owner and the Department
of Agriculture described in Section 15 of this Act.
"Commercial renewable energy facility" means a commercial
wind energy facility or commercial solar energy facility as
defined in this Act.
"Commercial solar energy facility" means a solar energy
conversion facility equal to or greater than 500 kilowatts in
total nameplate capacity, including a solar energy conversion
facility seeking an extension of a permit to construct granted
by a county or municipality before the effective date of this
amendatory Act of the 100th General Assembly. "Commercial
solar energy facility" does not include a solar energy
conversion facility: (1) for which a permit to construct has
been issued before the effective date of this amendatory Act
of the 100th General Assembly; (2) that is located on land
owned by the commercial solar energy facility owner; (3) that
was constructed before the effective date of this amendatory
Act of the 100th General Assembly; or (4) that is located on
the customer side of the customer's electric meter and is

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primarily used to offset that customer's electricity load and
is limited in nameplate capacity to less than or equal to 2,000
kilowatts.
"Commercial solar energy facility owner" means a private
commercial enterprise that owns a commercial solar energy
facility. A commercial solar energy facility owner is not nor
shall it be deemed to be a public utility as defined in the
Public Utilities Act.
"Commercial wind energy facility" means a wind energy
conversion facility of equal or greater than 500 kilowatts in
total nameplate generating capacity. "Commercial wind energy
facility" includes a wind energy conversion facility seeking
an extension of a permit to construct granted by a county or
municipality before the effective date of this Act.
"Commercial wind energy facility" does not include a wind
energy conversion facility: (1) that has submitted a complete
permit application to a county or municipality and for which
the hearing on the completed application has commenced on the
date provided in the public hearing notice, which must be
before the effective date of this Act; (2) for which a permit
to construct has been issued before the effective date of this
Act; or (3) that was constructed before the effective date of
this Act.
"Commercial wind energy facility owner" means a private
commercial enterprise that owns or operates a commercial wind
energy facility. A commercial wind energy facility owner is

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not nor shall it be deemed to be a public utility as defined in
the Public Utilities Act.
"Construction" means the installation, preparation for
installation, or repair of a commercial renewable energy
facility.
"County" means the county where the commercial renewable
energy facility is located.
"Deconstruction" means the removal of a commercial
renewable energy facility from the property of a landowner and
the restoration of that property as provided in the
agricultural impact mitigation agreement.
"Department" means the Department of Agriculture.
"Financial assurance" means a reclamation or surety bond,
including both performance bond obligations and payment bond
obligations or an irrevocable letter of credit or other
commercially available financial assurance that is acceptable
to the county, with the county or landowner as beneficiary.
"Landowner" means any person (1) with an ownership
interest in property that is used for agricultural purposes
and (2) that is a party to an underlying agreement.
"Underlying agreement" means the written agreement with a
landowner, including, but not limited to, an easement, option,
lease, or license, under the terms of which another person has
constructed, constructs, or intends to construct a commercial
wind energy facility or commercial solar energy facility on
the property of the landowner.

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(Source: P.A. 99-132, eff. 7-24-15; 100-598, eff. 6-29-18.)
(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 and any additional standards
set forth by the county in which the facility is to be located
in accordance with subsection (j) of Section 5-12020 of the
Counties Code. 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 agreement between the
landowner and the commercial solar energy facility owner.
(a-5) Prior to the commencement of construction, a
commercial renewable energy facility owner of a commercial
wind energy facility or a commercial solar energy facility

SB2416 - 29 - LRB104 12236 RTM 22343 b
owner shall submit to the county in which the commercial solar
facility is to be located a deconstruction plan that has been
prepared by a professional engineer, as defined in Section 10
of the Renewable Energy Facilities Agricultural Impact
Mitigation Act, who has been selected by the facility owner.
The deconstruction plan shall contain information that
satisfies each of the components of deconstruction as set
forth in the definition of "deconstruction" and
"deconstruction plan" and in the construction and
deconstruction standards and policies of the Department of
Agriculture's standard wind farm agricultural impact
mitigation agreement, template 81818, or standard solar
agricultural impact mitigation agreement, version 8.19.19, as
applicable and in effect on December 31, 2022, or the most
recent version of the mitigation agreements if any subsequent
version has been adopted after December 31, 2022. The county
shall have its own professional engineer review the
deconstruction plan and either approve or reject the
deconstruction plan within 60 days after a complete submittal.
If the deconstruction plan is rejected, the county shall
provide a written statement of the specific reasons for
rejection. The facility owner may file a revised
deconstruction plan that addresses the specific reasons that
led to the rejection of the deconstruction plan. The county
shall review and act on any revised deconstruction plan within
30 days after it is resubmitted. The facility owner shall

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reevaluate the estimated costs of deconstruction of any
facility after the fifth anniversary, and every 5 years
thereafter, of the commercial operation date. The facility
owner shall file with the county on or before the end of the
fifth year of commercial operation, and then every fifth year
thereafter, for approval by the county an updated
deconstruction plan prepared by a professional engineer who
has been selected by the county. Based on any initial
evaluation or reevaluation during the county approval process,
the county may require changes in the level of financial
assurance used to calculate the financial assurance level
described in this Section required from the facility owner. If
the county is unable to perform, to its satisfaction, the
investigations of the content of the deconstruction plan
necessary to approve the deconstruction plan filed by the
facility owner, then the county and facility may mutually
agree on the selection of a professional engineer independent
of the facility owner to conduct any necessary investigations
of the content of the deconstruction plan necessary to approve
the deconstruction plan. The facility owner shall be
responsible for the cost of the preparation of the
deconstruction plan by its professional engineer or any
independent professional engineer and the cost of any plan
reviews by the professional engineer selected by the county. A
commercial solar energy facility owner shall provide the
county with an appropriate financial assurance mechanism

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consistent with the financial requirements set forth in this
subsection, which shall be set forth in the Department of
Agriculture's Department's standard wind farm agricultural
impact mitigation agreement, template 81818, or standard solar
agricultural impact mitigation agreement, version 8.19.19
applicable and in effect on December 31, 2022, or the most
recent version of the mitigation agreements if any subsequent
version have been adopted after December 31, 2022. The
financial assurance shall be sufficient to cover the estimated
costs of public safety or emergency repairs to the facility in
the event of damage to the facility caused by natural disaster
or by operational malfunction and the estimated costs of
repairs the deconstruction of the facility in the event of
abandonment of the facility, as defined in Section 10 of the
Renewable Energy Facilities Agricultural Impact Mitigation
Act. The facility owner shall provide the county with the
initial financial assurance to cover 100% of the estimated
deconstruction costs prior to the commercial operation date. A
county may use the financial assurance provided by the
facility owner to cover public safety or emergency repairs
that are not timely addressed by the facility owner, as
determined by the county's designated representative. In the
event that a county must use a portion of the financial
assurance to address any public safety or emergency repairs or
to deconstruct a portion of the facility. The facility owner
shall replenish the financial assurance for the amount used

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within 60 days after the expenditure of the financial
assurance. The purpose of the financial assurance shall be for
and to assure deconstruction in the event of an abandonment of
a commercial solar energy facility or commercial wind energy
facility or to cover the estimated costs of public safety or
emergency repairs to the facility in the event of damage to the
facility caused by natural disaster or by operational
malfunction.
(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), public
safety or emergency repairs to the facility in the event of
damage to the facility caused by natural disaster or by
operational malfunction, 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; compensation for damages to private
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

SB2416 - 33 - LRB104 12236 RTM 22343 b
deconstruction plans and financial assurance for
deconstruction (including upon abandonment of a commercial
wind energy facility) and for public safety or emergency
repairs to the facility in the event of damage to the facility
caused by natural disaster or by operational malfunction.
(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); to cover
the estimated costs of public safety or emergency repairs to
the facility in the event of damage to the facility caused by
natural disaster or by operational malfunction; 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) and for public safety or emergency
repairs to the facility in the event of damage to the facility

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caused by natural disaster or by operational malfunction. The
commercial solar energy facility owner shall enter into one
agricultural impact mitigation agreement for each commercial
solar energy facility.
(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

SB2416 - 35 - LRB104 12236 RTM 22343 b
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
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. The standard agricultural impact mitigation
agreements shall be amended as needed to conform with the
financial assurance procedures and requirements under
subsection (j-10) of Section 5-12020 of the Counties Code.
(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

SB2416 - 36 - LRB104 12236 RTM 22343 b
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.)