SB3103 103RD GENERAL ASSEMBLY

LRB103 37924 AWJ 68056 b

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.

A BILL FOR

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 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 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 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 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 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 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.)

Section 99. Effective date. This Act takes effect upon becoming law.