Illinois General Assembly - Full Text of HB4917
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Full Text of HB4917  102nd General Assembly

HB4917 102ND GENERAL ASSEMBLY

  
  

 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB4917

 

Introduced 1/27/2022, by Rep. Andrew S. Chesney

 

SYNOPSIS AS INTRODUCED:
 
505 ILCS 147/15

    Amends the Renewable Energy Facilities Agricultural Impact Mitigation Act. With respect to an agricultural impact mitigation agreement, requires a commercial renewable energy facility owner of a commercial wind energy facility or a commercial solar energy facility to file with the county or the municipality where the facility will be located a comprehensive agricultural drainage plan that shall mitigate any surface or subsurface drainage impacts on farmland within and outside the footprint of the proposed commercial wind energy facility or a commercial solar energy facility. Effective immediately.


LRB102 23076 CMG 32232 b

 

 

A BILL FOR

 

HB4917LRB102 23076 CMG 32232 b

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

 

 

HB4917- 2 -LRB102 23076 CMG 32232 b

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    (a-10) Prior to entering into an agricultural impact
13mitigation agreement with the Department, a commercial
14renewable energy facility owner of a commercial wind energy
15facility or a commercial solar energy facility shall file with
16the county or the municipality where the facility will be
17located a comprehensive agricultural drainage plan that shall
18mitigate any surface or subsurface drainage impacts on
19farmland within and outside the footprint of the proposed
20commercial wind energy facility or a commercial solar energy
21facility.
22    (b) The agricultural impact mitigation agreement for a
23commercial wind energy facility shall include, but is not
24limited to, such items as restoration of agricultural land
25affected by construction, deconstruction (including upon
26abandonment of a commercial wind energy facility),

 

 

HB4917- 3 -LRB102 23076 CMG 32232 b

1construction staging, and storage areas; support structures;
2aboveground facilities; guy wires and anchors; underground
3cabling depth; topsoil replacement; protection and repair of
4agricultural drainage tiles; rock removal; repair of
5compaction and rutting; land leveling; prevention of soil
6erosion; repair of damaged soil conservation practices;
7compensation for damages to private property; clearing of
8trees and brush; interference with irrigation systems; access
9roads; weed control; pumping of water from open excavations;
10advance notice of access to private property; indemnification
11of landowners; and deconstruction plans and financial
12assurance for deconstruction (including upon abandonment of a
13commercial wind energy facility).
14    (b-5) The agricultural impact mitigation agreement for a
15commercial solar energy facility shall include, but is not
16limited to, such items as restoration of agricultural land
17affected by construction, deconstruction (including upon
18abandonment of a commercial solar energy facility); support
19structures; aboveground facilities; guy wires and anchors;
20underground cabling depth; topsoil removal and replacement;
21rerouting and permanent repair of agricultural drainage tiles;
22rock removal; repair of compaction and rutting; construction
23during wet weather; land leveling; prevention of soil erosion;
24repair of damaged soil conservation practices; compensation
25for damages to private property; clearing of trees and brush;
26access roads; weed control; advance notice of access to

 

 

HB4917- 4 -LRB102 23076 CMG 32232 b

1private property; indemnification of landowners; and
2deconstruction plans and financial assurance for
3deconstruction (including upon abandonment of a commercial
4solar energy facility). The commercial solar energy facility
5owner shall enter into one agricultural impact mitigation
6agreement for each commercial solar energy facility.
7    (c) For commercial wind energy facility owners seeking a
8permit from a county or municipality for the construction of a
9commercial wind energy facility, the agricultural impact
10mitigation agreement shall be entered into prior to the public
11hearing required prior to a siting decision of a county or
12municipality regarding the commercial wind energy facility.
13The agricultural impact mitigation agreement is binding on any
14subsequent commercial wind energy facility owner that takes
15ownership of the commercial wind energy facility that is the
16subject of the agreement.
17    (c-5) A commercial solar energy facility owner shall, not
18less than 45 days prior to commencement of actual
19construction, submit to the Department a standard agricultural
20impact mitigation agreement as referenced in subsection (f) of
21this Section signed by the commercial solar energy facility
22owner and including all information required by the
23Department. The commercial solar energy facility owner shall
24provide either a copy of that submitted agreement or a copy of
25the fully executed project-specific agricultural impact
26mitigation agreement to the landowner not less than 30 days

 

 

HB4917- 5 -LRB102 23076 CMG 32232 b

1prior to the commencement of construction. The agricultural
2impact mitigation agreement is binding on any subsequent
3commercial solar energy facility owner that takes ownership of
4the commercial solar energy facility that is the subject of
5the agreement.
6    (d) If a commercial renewable energy facility owner seeks
7an extension of a permit granted by a county or municipality
8for the construction of a commercial wind energy facility
9prior to the effective date of this Act, the agricultural
10impact mitigation agreement shall be entered into prior to a
11decision by the county or municipality to grant the permit
12extension.
13    (e) The Department may adopt rules that are necessary and
14appropriate for the implementation and administration of
15agricultural impact mitigation agreements as required under
16this Act.
17    (f) The Department shall make available on its website a
18standard agricultural impact mitigation agreement applicable
19to all commercial solar energy facilities within 60 days after
20the effective date of this amendatory Act of the 100th General
21Assembly.
22    (g) Nothing in this amendatory Act of the 100th General
23Assembly and nothing in an agricultural impact mitigation
24agreement shall be construed to apply to or otherwise impair
25an underlying agreement for a commercial solar energy facility
26entered into prior to the effective date of this amendatory

 

 

HB4917- 6 -LRB102 23076 CMG 32232 b

1Act of the 100th General Assembly.
2(Source: P.A. 99-132, eff. 7-24-15; 100-598, eff. 6-29-18.)
 
3    Section 99. Effective date. This Act takes effect upon
4becoming law.