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104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
HB4956

Introduced , by Rep. Anthony DeLuca

SYNOPSIS AS INTRODUCED:

55 ILCS 5/5-12024
505 ILCS 147/10
505 ILCS 147/15

Amends the Counties Code. In provisions concerning energy storage
systems, provides that the farmland drainage plan that a facility owner
must file with a county shall include, among other things, plans to repair
any subsurface drainage affected during construction or deconstruction
using procedures outlined in the agricultural impact mitigation agreement
(rather than outlined in the decommissioning plan) and procedures for the
repair and restoration of surface drainage affected during construction or
deconstruction. Provides that a county shall (rather than may) require a
facility owner to provide a decommissioning plan to the county. Makes
changes to the requirements of a decommissioning plan. Provides that a
county shall (rather than may) require the facility owner to submit to the
county (i) a commercial operation a commissioning report meeting specified
requirements of specified publications of the National Fire Protection
Association; (ii) a hazard mitigation analysis meeting specified
requirements of specified publications of the National Fire Protection
Association; (iii) an emergency operations plan meeting specified
requirements of specified publications of the National Fire Protection
Association; and (iv) a warning that complies with specified publications
of the National Fire Protection Association. Provides that the energy
storage system owner shall enter into one agricultural impact mitigation
agreement for each energy storage system. Requires the agricultural impact
mitigation agreement for an energy storage system to include specified
plans. Requires a commercial renewable energy facility owner to make
available a copy of the signed agricultural impact mitigation agreement at
the site of the commercial renewable energy facility during any
construction or deconstruction activities. Makes other changes.
LRB104 20576 RTM 34063 b

A BILL FOR

HB4956
LRB104 20576 RTM 34063 b
1

AN ACT concerning agriculture.

2

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

4

Section 5.
The Counties Code is amended by changing
5
Section 5-12024 as follows:

6

(55 ILCS 5/5-12024)
7

(This Section may contain text from a Public Act with a
8
delayed effective date
)
9

Sec. 5-12024.
Energy storage systems.
10

(a) As used in this Section:
11

"Energy storage system" means a facility with an aggregate
12
energy capacity that is greater than
500

1,000
kilowatts and
13
that is capable of absorbing energy and storing it for use at a
14
later time, including, but not limited to, electrochemical and
15
electromechanical technologies. "Energy storage system" does
16
not include technologies that require combustion. "Energy
17
storage system" also does not include energy storage systems
18
associated with commercial solar energy facilities or
19
commercial wind energy facilities as defined in Section
20
5-12020.
21

"Excused service interruption" means any period during
22
which an energy storage system does not store or discharge
23
electricity and that is planned or reasonably foreseeable for

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1
standard commercial operation, including any unavailability
2
caused by a buyer; storage capacity tests; system emergencies;
3
curtailments, including curtailment orders; transmission
4
system outages; compliance with any operating restriction;
5
serial defects; and planned outages.
6

"Facility owner" means (i) a person with a direct
7
ownership interest in an energy storage system, regardless of
8
whether the person is involved in acquiring the necessary
9
rights, permits, and approvals or otherwise planning for the
10
construction and operation of the facility and (ii) a person
11
who, at the time the facility is being developed, is acting as
12
a developer of the facility by acquiring the necessary rights,
13
permits, and approvals or by planning for the construction and
14
operation of the facility, regardless of whether the person
15
will own or operate the facility.
16

"Force majeure" means any event or circumstance that
17
delays or prevents an energy storage system from timely
18
performing all or a portion of its commercial operations if
19
the act or event, despite the exercise of commercially
20
reasonable efforts, cannot be avoided by and is beyond the
21
reasonable control, whether direct or indirect, of, and
22
without the fault or negligence of, a facility owner or
23
operator or any of its assignees. "Force majeure" includes,
24
but is not limited to:
25

(1) fire, flood, tornado, or other natural disasters
26

or acts of God;

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1

(2) war, civil strife, terrorist attack, or other
2

similar acts of violence;
3

(3) unavailability of materials, equipment, services,
4

or labor, including unavailability due to global supply
5

chain shortages;
6

(4) utility or energy shortages or acts or omissions
7

of public utility providers;
8

(5) any delay resulting from a pandemic, epidemic, or
9

other public health emergency or related restrictions; and
10

(6) litigation or a regulatory proceeding regarding a
11

facility.
12

"NFPA" means the National Fire Protection Association.
13

"Nonparticipating property" means real property that is
14
not a participating property.
15

"Nonparticipating residence" means a residence that is
16
located on nonparticipating property and that exists and is
17
occupied on the date that the application for a permit to
18
develop an energy storage system is filed with the county.
19

"Occupied community building" means a school, place of
20
worship, day care facility, public library, or community
21
center that is occupied on the date that the application for a
22
permit to develop an energy storage system is filed with the
23
county in which the building is located.
24

"Participating property" means real property that is the
25
subject of a written agreement between a facility owner and
26
the owner of the real property and that provides the facility

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1
owner an easement, option, lease, or license to use the real
2
property for the purpose of constructing an energy storage
3
system or supporting facilities.
4

"Protected lands" means real property that is: (i) subject
5
to a permanent conservation right consistent with the Real
6
Property Conservation Rights Act; or (ii) registered or
7
designated as a nature preserve, buffer, or land and water
8
reserve under the Illinois Natural Areas Preservation Act.
9

"Supporting facilities" means the transmission lines,
10
substations, switchyard, access roads, meteorological towers,
11
storage containers, and equipment associated with the
12
generation, storage, and dispatch of electricity by an energy
13
storage system.
14

(b) Notwithstanding any other provision of law
or whether

15
, if
a county has formed a zoning commission and adopted formal
16
zoning under Section 5-12007,
then
a county may establish
17
standards for energy storage systems in areas of the county
18
that are not within the zoning jurisdiction of a municipality.
19
The standards may include all of the requirements specified in
20
this Section but may not include requirements for energy
21
storage systems that are more restrictive than specified in
22
this Section or requirements that are not specified in this
23
Section.
24

(c) A county
shall

may
require the energy storage facility
25
to comply with the version of NFPA 855 "Standard for the
26
Installation of Stationary Energy Storage Systems" in effect

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1
on the effective date of this amendatory Act or any successor
2
standard issued by the NFPA in effect on the date of siting or
3
special use permit approval. A county may not include
4
requirements for energy storage systems that are more
5
restrictive than NFPA 855 "Standard for the Installation of
6
Stationary Energy Storage Systems" unless required by this
7
Section.
8

(d) If a county has elected to establish standards under
9
subsection (b), then the
zoning board of appeals for the

10
county shall hold at least one public hearing before the
11
county grants (i) siting approval or a special use permit for
12
an energy storage system or (ii) modification of an approved
13
siting or special use permit. The public hearing shall be
14
conducted in accordance with the Open Meetings Act and shall
15
conclude not more than 60 days after the filing of the
16
application for the facility. The county shall allow
17
interested parties to a special use permit an opportunity to
18
present evidence and to cross-examine witnesses at the
19
hearing, but the county may impose reasonable restrictions on
20
the public hearing, including reasonable time limitations on
21
the presentation of evidence and the cross-examination of
22
witnesses. The county shall also allow public comment at the
23
public hearing in accordance with the Open Meetings Act. The
24
county shall make its siting and permitting decisions not more
25
than 30 days after the conclusion of the public hearing.
26
Notice of the hearing shall be published in a newspaper of

HB4956
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1
general circulation in the county.
2

(e) A county with an existing zoning ordinance in conflict
3
with this Section shall amend that zoning ordinance to comply
4
with this Section within 120 days after the effective date of
5
this amendatory Act of the 104th General Assembly.
6

(f) A county shall require an energy storage system to be
7
sited as follows, with setback distances measured from the
8
nearest edge of the nearest battery or other electrochemical
9
or electromechanical enclosure:

10
Setback Description Setback Distance

11
Occupied Community 150 feet from the nearest
12
Buildings and point of the outside wall of
13
Nonparticipating Residences the occupied community building
14
or nonparticipating residence

15
Boundary Lines of 50 feet to the nearest point
16
Occupied Community on the property line of
17
Buildings and the occupied community building
18
Nonparticipating Residences or nonparticipating property

19
Public Road Rights-of-Way 50 feet from the nearest edge
20
of the right-of-way
21

(2) A county shall also require an energy storage
22

system to be sited so that the facility's perimeter is

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1

enclosed by fencing having a height of at least 7 feet and
2

no more than 25 feet.
3

This Section does not exempt or excuse compliance with
4
electric facility clearances approved or required by the
5
National Electrical Code, the National Electrical Safety Code,
6
the Illinois Commerce Commission, the Federal Energy
7
Regulatory Commission, and their designees or successors.
8

(g) A county may not set a sound limitation for energy
9
storage systems that is more restrictive than the sound
10
limitations established by the Illinois Pollution Control
11
Board under 35 Ill. Adm. Code Parts 900, 901, and 910. After
12
commercial operation, a county may require the facility owner
13
to provide, not more than once, octave band sound pressure
14
level measurements from a reasonable number of sampled
15
locations at the perimeter of the energy storage system to
16
demonstrate compliance with this Section.
17

(h) The provisions set forth in subsection (f) may be
18
waived subject to the written consent of the owner of each
19
affected nonparticipating property or nonparticipating
20
residence.
21

(i) A county may not place any restriction on the
22
installation or use of an energy storage system unless it
has
23
formed a zoning commission and adopted formal zoning under
24
Section 5-12007 and
adopts an ordinance that complies with
25
this Section. A county may not establish siting standards for
26
supporting facilities that preclude development of an energy

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LRB104 20576 RTM 34063 b
1
storage system.
2

(j) A request for siting approval or a special use permit
3
for an energy storage system, or modification of an approved
4
siting approval or special use permit, shall be approved if
5
the request complies with the standards and conditions imposed
6
in this Code, the zoning ordinance adopted consistent with
7
this Section, and other State and federal statutes and
8
regulations. The siting approval or special use permit
9
approved by the county shall grant the facility owner a period
10
of at least 3 years after county approval to obtain a building
11
permit or commence construction of the energy storage system,
12
before the siting approval or special use permit may become
13
subject to revocation by the county. Facility owners may be
14
granted an extension on obtaining building permits or
15
commencing constructing upon a showing of good cause. A
16
facility owner's request for an extension may not be
17
unreasonably withheld, conditioned, or denied.
18

(k) A county may not adopt zoning regulations that
19
disallow, permanently or temporarily, an energy storage system
20
from being developed or operated in any district zones to
21
allow agricultural or industrial uses.
22

(l) A facility owner shall file a farmland drainage plan
23
with the county and impacted drainage districts that outlines
24
how surface and subsurface drainage of farmland will be
25
restored during and following the construction or
26
deconstruction of the energy storage system. The plan shall be

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1
created independently by the facility owner and shall include
2
the location of any potentially impacted drainage district
3
facilities to the extent the information is publicly available
4
from the county or the drainage district
, plans to repair any
5
subsurface drainage affected during construction or
6
deconstruction using procedures outlined in the agricultural
7
impact mitigation agreement entered into by the facility
8
owner, and procedures for the repair and restoration of
9
surface drainage affected during construction or
10
deconstruction

and plans to repair any subsurface drainage
11
affected during construction or deconstruction using
12
procedures outlined in the decommissioning plan
. All surface
13
and subsurface damage shall be repaired as soon as reasonably
14
practicable.
15

(m) A facility owner shall compensate landowners for crop
16
losses or other agricultural damages resulting from damage to
17
a drainage system caused by the construction
or deconstruction

18
of an energy storage system. The facility owner shall repair
19
or pay for the repair of all damage to the subsurface drainage
20
system caused by the construction of the energy storage
21
system. The facility owner shall repair or pay for the repair
22
and restoration of surface drainage caused by the construction
23
or deconstruction of the energy storage facility as soon as
24
reasonably practicable.
25

(n) County siting approval or special use permit
26
application fees for an energy storage system shall not exceed

HB4956
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1
the lesser of (i) $5,000 per each megawatt of nameplate
2
capacity of the energy storage system or (ii) $50,000.
3

(o) The county
shall

may
require a facility owner to
4
provide a decommissioning plan to the county
that complies
5
with the Department of Agriculture's standard energy storage
6
system agricultural impact mitigation agreement
. The
7
decommissioning plan may include all requirements for
8
decommissioning plans in NFPA 855 and may also require the
9
facility owner to:
10

(1) state how the energy storage system will be
11

decommissioned, including removal to a depth of
5

3
feet
12

of all structures that have no ongoing purpose and all
13

debris and restoration of the soil and any vegetation to a
14

condition as close as reasonably practicable to the soil's
15

and vegetation's preconstruction condition within
12

18

16

months of the end of project life or facility abandonment;
17

(2) include provisions related to commercially
18

reasonable efforts to reuse or recycle of equipment and
19

components associated with the commercial offsite energy
20

storage system;
21

(3) include financial assurance in the form of a
22

reclamation or surety bond or other commercially available
23

financial assurance that is acceptable to the county
in an
24

amount that shall be in accordance with the financial
25

assurance required by the Department of Agriculture's
26

standard energy storage system agricultural impact

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1

mitigation agreement;

, with the county or participating
2

property owner as beneficiary. The amount of the financial
3

assurance shall not be more than the estimated cost of
4

decommissioning the energy facility, after deducting
5

salvage value, as calculated by a professional engineer
6

licensed to practice engineering in this State with
7

expertise in preparing decommissioning estimates, retained
8

by the applicant. The financial assurance shall be
9

provided to the county incrementally as follows:
10

(A) 25% before the start of full commercial
11

operation;
12

(B) 50% before the start of the 5th year of
13

commercial operation; and
14

(C) 100% by the start of the tenth year of
15

commercial operation;
16

(4) update the amount of the financial assurance not
17

more than every 5 years for the duration of commercial
18

operations. The amount shall be calculated by a
19

professional engineer licensed to practice engineering in
20

this State with expertise in decommissioning, hired by the
21

facility owner; and
22

(5) decommission the energy storage system, in
23

accordance with an approved decommissioning plan, within
24

18 months after abandonment. An energy storage system that
25

has not stored electrical energy for 12 consecutive months
26

or that fails, for a period of 6 consecutive months, to pay

HB4956
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LRB104 20576 RTM 34063 b
1

a property owner who is party to a written agreement,
2

including, but not limited to, an easement, option, lease,
3

or license under the terms of which an energy storage
4

system is constructed on the property, amounts owed in
5

accordance with the written agreement shall be considered
6

abandoned
, except when the inability to store energy is
7

the result of an event of force majeure or excused service
8

interruption
.
9

(p) A county may not condition approval of an energy
10
storage system on a property value guarantee and may not
11
require a facility owner to pay into a neighboring property
12
devaluation escrow account.
13

(q) A county may require that a facility owner provide the
14
results and recommendations from consultation with the
15
Department of Natural Resources that are obtained through the
16
Ecological Compliance Assessment Tool (EcoCAT) or a comparable
17
successor tool.
18

(r) A county may require an energy storage system to
19
adhere to the recommendations provided by the Department of
20
Natural Resources in an Agency Action Report under 17 Ill.
21
Adm. Code 1075.
22

(s) A county may require a facility owner to:
23

(1) demonstrate avoidance of protected lands as
24

identified by the Department of Natural Resources and the
25

Illinois Nature Preserves Commission; or
26

(2) consider the recommendations of the Department of

HB4956
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LRB104 20576 RTM 34063 b
1

Natural Resources for setbacks from protected lands,
2

including areas identified by the Illinois Nature
3

Preserves Commission.
4

(t) A county may require that a facility owner provide
5
evidence of consultation with the Illinois Historic
6
Preservation Division to assess potential impacts on
7
State-registered historic sites under the Illinois State
8
Agency Historic Resources Preservation Act.
9

(u) A county may require that an application for siting
10
approval or special use permit include the following
11
information on a site plan:
12

(1) a description of the property lines and physical
13

features, including roads, for the facility site;
14

(2) a description of the proposed changes to the
15

landscape of the facility site, including vegetation
16

clearing and planting, exterior lighting, and screening or
17

structures; and
18

(3) a description of the zoning district designation
19

for the parcel of land comprising the facility site.
20

(v) A county may not prohibit an energy storage system
21
from undertaking periodic augmentation to maintain the
22
approximate original capacity of the energy storage system. A
23
county may not require renewed or additional siting approval
24
or special use permit approval of periodic augmentation to
25
maintain the approximate original capacity of the energy
26
storage system.

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1

(w) A county that issues a building permit for energy
2
storage systems shall review and process building permit
3
applications within 60 days after receipt of the building
4
permit application. If a county does not grant or deny the
5
building permit application within 60 days, the building
6
permit shall be deemed granted. If a county denies a building
7
permit application, it shall specify the reason for the denial
8
in writing as part of its denial.
9

(x) A county may require a single building permit and a
10
reasonable permit fee for the facility which includes all
11
supporting facilities. A county building permit fee for an
12
energy storage system that does not exceed the lesser of (i)
13
$5,000 per each megawatt of nameplate capacity of the energy
14
storage system or (ii) $50,000 shall be considered
15
presumptively reasonable. A county may require that the
16
application for building permit contain:
17

(1) an electrical diagram detailing the battery energy
18

storage system layout, associated components, and
19

electrical interconnection methods, with all National
20

Electrical Code compliant disconnects and overcurrent
21

devices; and
22

(2) an equipment specification sheet.
23

(y) A county
shall

may
require the facility owner to
24
submit to the county prior to the facility's commercial
25
operation a commissioning report meeting the requirements of
26
NFPA 855 Sections 4.2.4, 6.1.3, and 6.1.5.5, as published in

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1
2023, or the applicable Sections in the most recent version of
2
NFPA 855.
3

(z) A county
shall

may
require the facility owner to
4
submit to the county prior to the facility's commercial
5
operation a hazard mitigation analysis meeting the
6
requirements of NFPA 855 Section 4.4 or the applicable
7
Sections in the most recent version of NFPA 855.
8

(aa) A county
shall

may
require the facility owner to
9
submit to the county an emergency operations plan meeting the
10
requirements of NFPA 855 Section 4.3.2.1.4, published in 2023,
11
or applicable Sections in the most recent version of NFPA 855,
12
prior to commercial operation.
13

(bb) A county
shall

may
require a warning that complies
14
with requirements in NFPA 855 Section 4.7.4, published in
15
2023, or applicable sections in the most recent version of
16
NFPA 855.
17

(cc) A county may require the energy storage system to
18
adhere to the principles for responsible outdoor lighting
19
provided by the International Dark-Sky Association and shall
20
limit outdoor lighting to that which is minimally required for
21
safety and operational purposes. Any outdoor lighting shall be
22
reasonably shielded and downcast from all residences and
23
adjacent properties.
24

(dd) This Section does not exempt compliance with fire and
25
safety standards and guidance established for the installation
26
of lithium-ion battery energy storage systems set by the NFPA.

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1

(ee) Prior to commencement of commercial operation, the
2
facility owner shall offer to provide training for local fire
3
departments and emergency responders in accordance with the
4
facility emergency operations plan. A copy of the emergency
5
operations plan shall be given to the facility owner, the
6
local fire department, and emergency responders. All batteries
7
integrated within an energy storage system shall be listed
8
under the UL 1973 Standard. All batteries integrated within an
9
energy storage system shall be listed in accordance with UL
10
9540 Standard, either from the manufacturer or by a field
11
evaluation.
12

(ff) If a facility owner enters into a road use agreement
13
with the Department of Transportation, a road district, or
14
other unit of local government relating to an energy storage
15
system, then the road use agreement shall require the facility
16
owner to be responsible for (i) the reasonable cost of
17
improving, if necessary, roads used by the facility owner to
18
construct the energy storage system and (ii) the reasonable
19
cost of repairing roads used by the facility owner during
20
construction of the energy storage system so that those roads
21
are in a condition that is safe for the driving public after
22
the completion of the facility's construction. A roadway
23
improved in preparation for and during the construction of the
24
energy storage system shall be repaired and restored to the
25
improved condition at the reasonable cost of the developer if
26
the roadways have degraded or were damaged as a result of

HB4956
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LRB104 20576 RTM 34063 b
1
construction-related activities.
2

The road use agreement shall not require the facility
3
owner to pay costs, fees, or charges for road work that is not
4
specifically and uniquely attributable to the construction of
5
the energy storage system. No road district or other unit of
6
local government may request or require a fine, permit fee, or
7
other payment obligation as a requirement for a road use
8
agreement with a facility owner unless the amount of the fine,
9
permit fee, or other payment obligation is equivalent to the
10
amount of actual expenses incurred by the road district or
11
other unit of local government for negotiating, executing,
12
constructing, or implementing the road use agreement. The road
13
use agreement shall not require the facility owner to perform
14
or pay for any road work that is unrelated to the road
15
improvements required for the construction of the commercial
16
wind energy facility or the commercial solar energy facility
17
or the restoration of the roads used by the facility owner
18
during construction-related activities.
19

(gg) The provisions of this amendatory Act of the 104th
20
General Assembly do not apply to an application for siting
21
approval or special use permit for an energy storage system if
22
the application was submitted to a county before the effective
23
date of this amendatory Act of the 104th General Assembly.
24
(Source: P.A. 104-458, eff. 6-1-26.)

25

Section 10.
The Renewable Energy Facilities Agricultural

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1
Impact Mitigation Act is amended by changing Sections 10 and
2
15 as follows:

3

(505 ILCS 147/10)
4

Sec. 10.
Definitions.
As used in this Act:
5

"Abandonment of a commercial wind energy facility" means
6
when deconstruction has not been completed within 18 months
7
after the commercial wind energy facility reaches the end of
8
its useful life. For purposes of this definition, a commercial
9
wind energy facility will be presumed to have reached the end
10
of its useful life if (1) no electricity is generated for a
11
continuous period of 12 months and (2) the commercial wind
12
energy facility owner fails, for a period of 6 consecutive
13
months, to pay the landowner amounts owed in accordance with
14
the underlying agreement.
15

"Abandonment of a commercial solar energy facility" means
16
when deconstruction has not been completed within 12 months
17
after the commercial solar energy facility reaches the end of
18
its useful life. For purposes of this definition, a commercial
19
solar energy facility shall be presumed to have reached the
20
end of its useful life if the commercial solar energy facility
21
owner fails, for a period of 6 consecutive months, to pay the
22
landowner amounts owed in accordance with the underlying
23
agreement.
24

"Abandonment of an energy storage system" means when
25
deconstruction has not been completed within 12 months after

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the energy storage system reaches the end of its useful life.
2
For purposes of this definition, an energy storage system
3
shall be presumed to have reached the end of its useful life if
4
(1) the energy storage system has not stored electrical energy
5
for a continuous period of 12 months or (2) the energy storage
6
system owner fails, for a period of 6 consecutive months, to
7
pay the landowner amounts owed in accordance with the
8
underlying agreement.

9

"Agricultural impact mitigation agreement" means an
10
agreement between the commercial wind energy facility owner
,

11
or
the commercial solar energy facility owner
, or the energy
12
storage system owner
and the Department of Agriculture
13
described in Section 15 of this Act.
14

"Commercial renewable energy facility " means a commercial
15
wind energy facility
,

or
commercial solar energy facility
, or
16
energy storage system
as defined in this Act.
17

"Commercial solar energy facility" means a solar energy
18
conversion facility equal to or greater than 500 kilowatts in
19
total nameplate capacity, including a solar energy conversion
20
facility seeking an extension of a permit to construct granted
21
by a county or municipality before the effective date of this
22
amendatory Act of the 100th General Assembly. "Commercial
23
solar energy facility" does not include a solar energy
24
conversion facility: (1) for which a permit to construct has
25
been issued before the effective date of this amendatory Act
26
of the 100th General Assembly; (2) that is located on land

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owned by the commercial solar energy facility owner; (3) that
2
was constructed before the effective date of this amendatory
3
Act of the 100th General Assembly; or (4) that is located on
4
the customer side of the customer's electric meter and is
5
primarily used to offset that customer's electricity load and
6
is limited in nameplate capacity to less than or equal to 2,000
7
kilowatts.
8

"Commercial solar energy facility owner" means a private
9
commercial enterprise that owns a commercial solar energy
10
facility. A commercial solar energy facility owner is not nor
11
shall it be deemed to be a public utility as defined in the
12
Public Utilities Act.
13

"Commercial wind energy facility" means a wind energy
14
conversion facility of equal or greater than 500 kilowatts in
15
total nameplate generating capacity. "Commercial wind energy
16
facility" includes a wind energy conversion facility seeking
17
an extension of a permit to construct granted by a county or
18
municipality before the effective date of this Act.
19
"Commercial wind energy facility" does not include a wind
20
energy conversion facility: (1) that has submitted a complete
21
permit application to a county or municipality and for which
22
the hearing on the completed application has commenced on the
23
date provided in the public hearing notice, which must be
24
before the effective date of this Act; (2) for which a permit
25
to construct has been issued before the effective date of this
26
Act; or (3) that was constructed before the effective date of

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this Act.
2

"Commercial wind energy facility owner" means a private
3
commercial enterprise that owns or operates a commercial wind
4
energy facility. A commercial wind energy facility owner is
5
not nor shall it be deemed to be a public utility as defined in
6
the Public Utilities Act.
7

"Construction" means the installation, preparation for
8
installation, or repair of a commercial renewable energy
9
facility.
10

"County" means the county where the commercial renewable
11
energy facility is located.
12

"Deconstruction" means the removal of a commercial
13
renewable energy facility from the property of a landowner and
14
the restoration of that property as provided in the
15
agricultural impact mitigation agreement.
16

"Department" means the Department of Agriculture.
17

"Energy storage system" means a facility with an aggregate
18
energy capacity that is greater than 500 kilowatts and that is
19
capable of absorbing energy and storing it for use at a later
20
time, including, but not limited to, electrochemical and
21
electromechanical technologies. "Energy storage system" does
22
not include technologies that require combustion.

23

"Energy storage system owner" means a private commercial
24
enterprise that owns an energy storage system. An energy
25
storage system owner is not nor shall it be deemed to be a
26
public utility as defined in the Public Utilities Act.

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1

"Landowner" means any person (1) with an ownership
2
interest in property that is used for agricultural purposes
3
and (2) that is a party to an underlying agreement.
4

"Underlying agreement" means the written agreement with a
5
landowner, including, but not limited to, an easement, option,
6
lease, or license, under the terms of which another person has
7
constructed, constructs, or intends to construct a commercial
8
wind energy facility
,

or
commercial solar energy facility
, or
9
energy storage system
on the property of the landowner.
10
(Source: P.A. 99-132, eff. 7-24-15; 100-598, eff. 6-29-18.)

11

(505 ILCS 147/15)
12

Sec. 15.
Agricultural impact mitigation agreement.
13

(a) A commercial renewable energy facility owner of a
14
commercial wind energy facility
,

or
a commercial solar energy
15
facility
, or an energy storage system
that is located on
16
landowner property shall enter into an agricultural impact
17
mitigation agreement with the Department outlining
18
construction and deconstruction standards and policies
19
designed to preserve the integrity of any agricultural land
20
that is impacted by commercial renewable energy facility
21
construction and deconstruction. The construction and
22
deconstruction of any commercial solar energy facility
or
23
energy storage system
shall be in conformance with the
24
Department's standard agricultural impact mitigation agreement
25
referenced in subsection (f) of this Section. Except as

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1
provided in subsection (a-5) of this Section, the terms and
2
conditions of the Department's standard agricultural impact
3
mitigation agreement are subject to and may be modified by an
4
underlying agreement between the landowner and the commercial
5
solar energy facility owner.
6

(a-5) Prior to the commencement of construction, a
7
commercial solar energy facility owner
or energy storage
8
system owner
shall submit to the county in which the
9
commercial solar facility
or energy storage system
is to be
10
located a deconstruction plan. A commercial solar energy
11
facility owner
or energy storage system owner
shall provide
12
the county with an appropriate financial assurance mechanism
13
consistent with the Department's standard agricultural impact
14
mitigation agreement for and to assure deconstruction in the
15
event of an abandonment of a commercial solar energy facility
16
or energy storage system
.
17

(b) The agricultural impact mitigation agreement for a
18
commercial wind energy facility shall include, but is not
19
limited to, such items as restoration of agricultural land
20
affected by construction, deconstruction (including upon
21
abandonment of a commercial wind energy facility),
22
construction staging, and storage areas; support structures;
23
aboveground facilities; guy wires and anchors; underground
24
cabling depth; topsoil replacement; protection and repair of
25
agricultural drainage tiles; rock removal; repair of
26
compaction and rutting; land leveling; prevention of soil

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1
erosion; repair of damaged soil conservation practices;
2
compensation for damages to private property; clearing of
3
trees and brush; interference with irrigation systems; access
4
roads; weed control; pumping of water from open excavations;
5
advance notice of access to private property; indemnification
6
of landowners; and deconstruction plans and financial
7
assurance for deconstruction (including upon abandonment of a
8
commercial wind energy facility).
9

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

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1
agreement for each commercial solar energy facility.
2

(b-10) The agricultural impact mitigation agreement for an
3
energy storage system shall include, but shall not be limited
4
to, plans for the restoration of agricultural land affected by
5
construction, deconstruction, including upon abandonment of an
6
energy storage system; plans for support structures; plans for
7
aboveground facilities; plans for guy wires and anchors; plans
8
for underground cabling depth; plans for topsoil removal and
9
replacement; plans for rerouting and permanent repair of
10
agricultural drainage tiles; plans for rock removal; plans for
11
repairing of compaction and rutting; plans for construction
12
during wet weather; plans for land leveling; plans for the
13
prevention of soil erosion; plans for repairing damaged soil
14
conservation practices; plans for compensation for any damages
15
to private property; plans for the clearing of trees and
16
brush; plans for access roads; plans for weed control; plans
17
for providing advance notice of access to private property;
18
plans for indemnification of landowners; and the
19
deconstruction plans and financial assurance for
20
deconstruction, including upon abandonment of an energy
21
storage system. The energy storage system owner shall enter
22
into one agricultural impact mitigation agreement for each
23
energy storage system.

24

(c) For commercial wind energy facility owners
or energy
25
storage system owners seeking
seeking a permit from a county
26
or municipality for the construction of a commercial wind

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1
energy facility
or energy storage system
, the agricultural
2
impact mitigation agreement shall be entered into prior to the
3
public hearing required prior to a siting decision of a county
4
or municipality regarding the commercial wind energy facility
5
or energy storage system
. The agricultural impact mitigation
6
agreement is binding on any subsequent commercial wind energy
7
facility owner
or energy storage system owner
that takes
8
ownership of the commercial wind energy facility
or energy
9
storage system
that is the subject of the agreement.
10

(c-5) A commercial solar energy facility owner shall, not
11
less than 45 days prior to commencement of actual
12
construction, submit to the Department a standard agricultural
13
impact mitigation agreement as referenced in subsection (f) of
14
this Section signed by the commercial solar energy facility
15
owner and including all information required by the
16
Department. The commercial solar energy facility owner shall
17
provide either a copy of that submitted agreement or a copy of
18
the fully executed project-specific agricultural impact
19
mitigation agreement to the landowner not less than 30 days
20
prior to the commencement of construction. The agricultural
21
impact mitigation agreement is binding on any subsequent
22
commercial solar energy facility owner that takes ownership of
23
the commercial solar energy facility that is the subject of
24
the agreement.
25

(c-10) A commercial renewable energy facility owner shall
26
make available a copy of the signed agricultural impact

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1
mitigation agreement at the site of the commercial renewable
2
energy facility during any construction or deconstruction
3
activities. All contractors or subcontractors shall be trained
4
on the requirements included in the signed agricultural impact
5
mitigation agreement.

6

(d) If a commercial renewable energy facility owner seeks
7
an extension of a permit granted by a county or municipality
8
for the construction of a commercial wind energy facility
9
prior to the effective date of this Act, the agricultural
10
impact mitigation agreement shall be entered into prior to a
11
decision by the county or municipality to grant the permit
12
extension.
13

(e) The Department may adopt rules that are necessary and
14
appropriate for the implementation and administration of
15
agricultural impact mitigation agreements as required under
16
this Act.
17

(f) The Department shall make available on its website a
18
standard agricultural impact mitigation agreement applicable
19
to all commercial solar energy facilities within 60 days after
20
the effective date of this amendatory Act of the 100th General
21
Assembly.
22

(g) Nothing in this amendatory Act of the 100th General
23
Assembly and nothing in an agricultural impact mitigation
24
agreement shall be construed to apply to or otherwise impair
25
an underlying agreement for a commercial solar energy facility
26
entered into prior to the effective date of this amendatory

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1
Act of the 100th General Assembly.
2
(Source: P.A. 99-132, eff. 7-24-15; 100-598, eff. 6-29-18.)

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