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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1 AN ACT concerning local government.

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

4 Section 5. The Township Code is amended by adding Section 
5110-11 as follows:

6 (60 ILCS 1/110-11 new)
7 Sec. 110-11. Commercial solar and wind energy facilities.
8 (a) As used in this Section:
9 "Commercial solar energy facility" means a "commercial 
10solar energy system" as defined in Section 10-720 of the 
11Property Tax Code. "Commercial solar energy facility" does not 
12mean a utility-scale solar energy facility being constructed 
13at a site that was eligible to participate in a procurement 
14event conducted by the Illinois Power Agency pursuant to 
15subsection (c-5) of Section 1-75 of the Illinois Power Agency 
16Act.
17 "Commercial wind energy facility" means a wind energy 
18conversion facility of equal or greater than 500 kilowatts in 
19total nameplate generating capacity.
20 (b) Notwithstanding any other provision of law, including 
21Section 5-12020 of the Counties Code, a township may regulate 
22commercial wind energy facilities, commercial solar energy 
23facilities, or both. A township's power to regulate commercial 
 
 
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1wind energy facilities and commercial solar energy facilities 
2includes all powers granted under Section 110-10 and the power 
3to prohibit commercial wind energy facilities, commercial 
4solar energy facilities, or both.
5 (c) To the extent that a township's regulation of 
6commercial wind energy facilities or commercial solar energy 
7facilities conflicts with a county's regulation of commercial 
8wind energy facilities or commercial solar energy facilities, 
9the township's regulations prevail. To the extent that a 
10township's regulation of commercial wind energy facilities or 
11commercial solar energy facilities conflict with a 
12municipality's regulation of commercial wind energy facilities 
13or commercial solar energy facilities, the municipality's 
14regulations prevail, including in the 1.5-mile radius 
15surrounding the municipality's zoning jurisdiction as provided 
16in Section 11-13-26 of the Illinois Municipal Code.

17 Section 10. The Renewable Energy Facilities Agricultural 
18Impact Mitigation Act is amended by changing Section 15 as 
19follows:

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