Bill Text: IL SB3103 | 2023-2024 | 103rd General Assembly | Introduced

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Bill Title: Amends the Township Code. Provides that a township may regulate commercial wind energy facilities, commercial solar energy facilities, or both. Provides that a township may use any of its zoning powers in the regulation of commercial wind energy facilities and commercial solar energy facilities and may prohibit commercial wind energy facilities, commercial solar energy facilities, or both. Provides that a township's regulations over commercial wind energy facilities and commercial solar energy facilities shall prevail over county regulations but not over municipal regulations. Defines terms. Amends the Renewable Energy Facilities Agricultural Impact Mitigation Act making conforming changes. Effective immediately.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced) 2024-02-02 - Referred to Assignments [SB3103 Detail]

Download: Illinois-2023-SB3103-Introduced.html

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103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB3103 Introduced 2/2/2024, by Sen. Craig Wilcox SYNOPSIS AS INTRODUCED:
60 ILCS 1/110-11 new
505 ILCS 147/15
Amends the Township Code. Provides that a township may regulate commercial wind energy facilities, commercial solar energy facilities, or both. Provides that a township may use any of its zoning powers in the regulation of commercial wind energy facilities and commercial solar energy facilities and may prohibit commercial wind energy facilities, commercial solar energy facilities, or both. Provides that a township's regulations over commercial wind energy facilities and commercial solar energy facilities shall prevail over county regulations but not over municipal regulations. Defines terms. Amends the Renewable Energy Facilities Agricultural Impact Mitigation Act making conforming changes. Effective immediately.
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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 Township Code is amended by adding Section
110-11 as follows:
(60 ILCS 1/110-11 new)
Sec. 110-11. Commercial solar and wind energy facilities.
(a) As used in this Section:
"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
conversion facility of equal or greater than 500 kilowatts in
total nameplate generating capacity.
(b) Notwithstanding any other provision of law, including
Section 5-12020 of the Counties Code, a township may regulate
commercial wind energy facilities, commercial solar energy
facilities, or both. A township's power to regulate commercial

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wind energy facilities and commercial solar energy facilities
includes all powers granted under Section 110-10 and the power
to prohibit commercial wind energy facilities, commercial
solar energy facilities, or both.
(c) To the extent that a township's regulation of
commercial wind energy facilities or commercial solar energy
facilities conflicts with a county's regulation of commercial
wind energy facilities or commercial solar energy facilities,
the township's regulations prevail. To the extent that a
township's regulation of commercial wind energy facilities or
commercial solar energy facilities conflict with a
municipality's regulation of commercial wind energy facilities
or commercial solar energy facilities, the municipality's
regulations prevail, including in the 1.5-mile radius
surrounding the municipality's zoning jurisdiction as provided
in Section 11-13-26 of the Illinois Municipal Code.
Section 10. 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

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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
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 or township in which the commercial solar facility is
to be located a deconstruction plan. A commercial solar energy
facility owner shall provide the county or township 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

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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;
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 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

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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.
(c) For commercial wind energy facility owners seeking a
permit from a county, township, 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, township, 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

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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
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

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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.)