WIND & SOLAR FACILITY DRAINAGE

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104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
HB5477

Introduced 2/13/2026, by Rep. Suzanne M. Ness

SYNOPSIS AS INTRODUCED:

55 ILCS 5/5-12020
505 ILCS 147/10
505 ILCS 147/15

Amends the Counties Code. Provides that a commercial wind energy
facility or commercial solar energy facility proposed to be located on
property in an unincorporated area of the county within the zoning
jurisdiction of a municipality and located adjacent to the corporate
boundary of a municipality shall either be annexed to the municipality or
be subject to the municipality's zoning regulations. Provides factors for
determining if a request for siting approval or a special use permit for a
commercial wind energy facility or a commercial solar energy facility or a
request for modification of an approved siting or special use permit
complies with the standards and conditions imposed in the Code, the zoning
ordinance adopted consistent with the Code, and the conditions imposed
under State and federal statutes and regulations. Provides that a county
may not approve a request for siting approval or a special use permit for a
commercial wind energy facility or a commercial solar energy facility or
modification of an approved siting or special use permit, if the proposal
shall disturb more than one acre of land, unless the facility owner has
obtained a National Pollution Discharge Elimination System ("NPDES")
permit from the Illinois Environmental Protection Agency. Requires a
facility owner to provide the county where a commercial solar energy
facility or commercial wind energy facility is to be located with a
deconstruction plan that has been prepared by a professional engineer who
has been selected by the facility owner. Provides that, based on an initial
evaluation or reevaluation during the county approval process, the county
may require changes in the level of financial assurance from the facility
owner. Amends the Renewable Energy Facilities Agricultural Impact
Mitigation Act. Provides that the standard agricultural impact mitigation
agreements shall be amended as needed to conform with the financial
assurance procedures and requirements of specified provisions of the Code.
Makes other changes.
LRB104 20584 TRT 34074 b

A BILL FOR

HB5477
LRB104 20584 TRT 34074 b
1

AN ACT concerning local government.

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 5-12020 as follows:

6

(55 ILCS 5/5-12020)
7

(Text of Section before amendment by P.A. 104-458
)
8

Sec. 5-12020.
Commercial wind energy facilities and
9
commercial solar energy facilities.
10

(a) As used in this Section:
11

"Commercial solar energy facility" means a "commercial
12
solar energy system" as defined in Section 10-720 of the
13
Property Tax Code. "Commercial solar energy facility" does not
14
mean a utility-scale solar energy facility being constructed
15
at a site that was eligible to participate in a procurement
16
event conducted by the Illinois Power Agency pursuant to
17
subsection (c-5) of Section 1-75 of the Illinois Power Agency
18
Act.
19

"Commercial wind energy facility" means a wind energy
20
conversion facility of equal or greater than 500 kilowatts in
21
total nameplate generating capacity. "Commercial wind energy
22
facility" includes a wind energy conversion facility seeking
23
an extension of a permit to construct granted by a county or

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1
municipality before January 27, 2023 (the effective date of
2
Public Act 102-1123).
3

"Facility owner" means (i) a person with a direct
4
ownership interest in a commercial wind energy facility or a
5
commercial solar energy facility, or both, regardless of
6
whether the person is involved in acquiring the necessary
7
rights, permits, and approvals or otherwise planning for the
8
construction and operation of the facility, and (ii) at the
9
time the facility is being developed, a person who is acting as
10
a developer of the facility by acquiring the necessary rights,
11
permits, and approvals or by planning for the construction and
12
operation of the facility, regardless of whether the person
13
will own or operate the facility.
14

"Nonparticipating property" means real property that is
15
not a participating property.
16

"Nonparticipating residence" means a residence that is
17
located on nonparticipating property and that is existing and
18
occupied on the date that an application for a permit to
19
develop the commercial wind energy facility or the commercial
20
solar energy facility is filed with the county.
21

"Occupied community building" means any one or more of the
22
following buildings that is existing and occupied on the date
23
that the application for a permit to develop the commercial
24
wind energy facility or the commercial solar energy facility
25
is filed with the county: a school, place of worship, day care
26
facility, public library, or community center.

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1

"Participating property" means real property that is the
2
subject of a written agreement between a facility owner and
3
the owner of the real property that provides the facility
4
owner an easement, option, lease, or license to use the real
5
property for the purpose of constructing a commercial wind
6
energy facility, a commercial solar energy facility, or
7
supporting facilities. "Participating property" also includes
8
real property that is owned by a facility owner for the purpose
9
of constructing a commercial wind energy facility, a
10
commercial solar energy facility, or supporting facilities.
11

"Participating residence" means a residence that is
12
located on participating property and that is existing and
13
occupied on the date that an application for a permit to
14
develop the commercial wind energy facility or the commercial
15
solar energy facility is filed with the county.
16

"Protected lands" means real property that is:
17

(1) subject to a permanent conservation right
18

consistent with the Real Property Conservation Rights Act;
19

or
20

(2) registered or designated as a nature preserve,
21

buffer, or land and water reserve under the Illinois
22

Natural Areas Preservation Act.
23

"Supporting facilities" means the transmission lines,
24
substations, access roads, meteorological towers, storage
25
containers, and equipment associated with the generation and
26
storage of electricity by the commercial wind energy facility

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LRB104 20584 TRT 34074 b
1
or commercial solar energy facility.
2

"Wind tower" includes the wind turbine tower, nacelle, and
3
blades.
4

(b) Notwithstanding any other provision of law or whether
5
the county has formed a zoning commission and adopted formal
6
zoning under Section 5-12007, a county may establish standards
7
for commercial wind energy facilities, commercial solar energy
8
facilities, or both. The standards may include all of the
9
requirements specified in this Section but may not include
10
requirements for commercial wind energy facilities or
11
commercial solar energy facilities that are more restrictive
12
than specified in this Section. A county may also regulate the
13
siting of commercial wind energy facilities with standards
14
that are not more restrictive than the requirements specified
15
in this Section in unincorporated areas of the county that are
16
outside the zoning jurisdiction of a municipality and that are
17
outside the 1.5-mile radius surrounding the zoning
18
jurisdiction of a municipality.
19

(c) If a county has elected to establish standards under
20
subsection (b), before the county grants siting approval or a
21
special use permit for a commercial wind energy facility or a
22
commercial solar energy facility, or modification of an
23
approved siting or special use permit, the county board of the
24
county in which the facility is to be sited or the zoning board
25
of appeals for the county shall hold at least one public
26
hearing. The public hearing shall be conducted in accordance

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1
with the Open Meetings Act and shall be held not more than 60
2
days after the filing of the application for the facility. The
3
county shall allow interested parties to a special use permit
4
an opportunity to present evidence and to cross-examine
5
witnesses at the hearing, but the county may impose reasonable
6
restrictions on the public hearing, including reasonable time
7
limitations on the presentation of evidence and the
8
cross-examination of witnesses. The county shall also allow
9
public comment at the public hearing in accordance with the
10
Open Meetings Act. The county shall make its siting and
11
permitting decisions not more than 30 days after the
12
conclusion of the public hearing. Notice of the hearing shall
13
be published in a newspaper of general circulation in the
14
county. A facility owner must enter into an agricultural
15
impact mitigation agreement with the Department of Agriculture
16
prior to the date of the required public hearing. A commercial
17
wind energy facility owner seeking an extension of a permit
18
granted by a county prior to July 24, 2015 (the effective date
19
of Public Act 99-132) must enter into an agricultural impact
20
mitigation agreement with the Department of Agriculture prior
21
to a decision by the county to grant the permit extension.
22
Counties may allow test wind towers or test solar energy
23
systems to be sited without formal approval by the county
24
board.
25

(d) A county with an existing zoning ordinance in conflict
26
with this Section shall amend that zoning ordinance to be in

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1
compliance with this Section within 120 days after January 27,
2
2023 (the effective date of Public Act 102-1123).
3

(e) A county may require:
4

(1) a wind tower of a commercial wind energy facility
5

to be sited as follows, with setback distances measured
6

from the center of the base of the wind tower:

7
Setback Description Setback Distance

8
Occupied Community 2.1 times the maximum blade tip
9
Buildings height of the wind tower to the
10
nearest point on the outside
11
wall of the structure

12
Participating Residences 1.1 times the maximum blade tip
13
height of the wind tower to the
14
nearest point on the outside
15
wall of the structure

16
Nonparticipating Residences 2.1 times the maximum blade tip
17
height of the wind tower to the
18
nearest point on the outside
19
wall of the structure

20
Boundary Lines of None
21
Participating Property

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1
Boundary Lines of 1.1 times the maximum blade tip
2
Nonparticipating Property height of the wind tower to the
3
nearest point on the property
4
line of the nonparticipating
5
property

6
Public Road Rights-of-Way 1.1 times the maximum blade tip
7
height of the wind tower
8
to the center point of the
9
public road right-of-way

10
Overhead Communication and 1.1 times the maximum blade tip
11
Electric Transmission height of the wind tower to the
12
and Distribution Facilities nearest edge of the property
13
(Not Including Overhead line, easement, or
14
Utility Service Lines to right-of-way
15
Individual Houses or containing the overhead line
16
Outbuildings)

17
Overhead Utility Service None
18
Lines to Individual
19
Houses or Outbuildings

20
Fish and Wildlife Areas 2.1 times the maximum blade
21
and Illinois Nature tip height of the wind tower

HB5477
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LRB104 20584 TRT 34074 b
1
Preserve Commission to the nearest point on the
2
Protected Lands property line of the fish and
3
wildlife area or protected
4
land
5

This Section does not exempt or excuse compliance with
6

electric facility clearances approved or required by the
7

National Electrical Code, the National Electrical Safety
8

Code, the Illinois Commerce Commission, and the Federal
9

Energy Regulatory Commission and their designees or
10

successors;
11

(2) a wind tower of a commercial wind energy facility
12

to be sited so that industry standard computer modeling
13

indicates that any occupied community building or
14

nonparticipating residence will not experience more than
15

30 hours per year of shadow flicker under planned
16

operating conditions;
17

(3) a commercial solar energy facility to be sited as
18

follows, with setback distances measured from the nearest
19

edge of any component of the facility:

20
Setback Description Setback Distance

21
Occupied Community 150 feet from the nearest
22
Buildings and Dwellings on point on the outside wall
23
Nonparticipating Properties of the structure

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LRB104 20584 TRT 34074 b
1
Boundary Lines of None
2
Participating Property

3
Public Road Rights-of-Way 50 feet from the nearest
4
edge

5
Boundary Lines of 50 feet to the nearest
6
Nonparticipating Property point on the property
7
line of the nonparticipating
8
property

9

(4) a commercial solar energy facility to be sited so
10

that the facility's perimeter is enclosed by fencing
11

having a height of at least 6 feet and no more than 25
12

feet; and
13

(5) a commercial solar energy facility to be sited so
14

that no component of a solar panel has a height of more
15

than 20 feet above ground when the solar energy facility's
16

arrays are at full tilt.
17

The requirements set forth in this subsection (e) may be
18
waived subject to the written consent of the owner of each
19
affected nonparticipating property.
20

(f) A county may not set a sound limitation for wind towers
21
in commercial wind energy facilities or any components in
22
commercial solar energy facilities that is more restrictive
23
than the sound limitations established by the Illinois

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1
Pollution Control Board under 35 Ill. Adm. Code Parts 900,
2
901, and 910.
3

(g) A county may not place any restriction on the
4
installation or use of a commercial wind energy facility or a
5
commercial solar energy facility unless it adopts an ordinance
6
that complies with this Section. A county may not establish
7
siting standards for supporting facilities that preclude
8
development of commercial wind energy facilities or commercial
9
solar energy facilities.
10

A request for siting approval or a special use permit for a
11
commercial wind energy facility or a commercial solar energy
12
facility, or modification of an approved siting or special use
13
permit, shall be approved if the request is in compliance with
14
the standards and conditions imposed in this Act, the zoning
15
ordinance adopted consistent with this Code, and the
16
conditions imposed under State and federal statutes and
17
regulations
.

18

(h) A county may not adopt zoning regulations that
19
disallow, permanently or temporarily, commercial wind energy
20
facilities or commercial solar energy facilities from being
21
developed or operated in any district zoned to allow
22
agricultural or industrial uses.
23

(i) A county may not require permit application fees for a
24
commercial wind energy facility or commercial solar energy
25
facility that are unreasonable. All application fees imposed
26
by the county shall be consistent with fees for projects in the

HB5477
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LRB104 20584 TRT 34074 b
1
county with similar capital value and cost.
2

(j) Except as otherwise provided in this Section, a county
3
shall not require standards for construction, decommissioning,
4
or deconstruction of a commercial wind energy facility or
5
commercial solar energy facility or related financial
6
assurances that are more restrictive than those included in
7
the Department of Agriculture's standard wind farm
8
agricultural impact mitigation agreement, template 81818, or
9
standard solar agricultural impact mitigation agreement,
10
version 8.19.19, as applicable and in effect on December 31,
11
2022. The amount of any decommissioning payment shall be in
12
accordance with the financial assurance required by those
13
agricultural impact mitigation agreements.
14

(j-5) A commercial wind energy facility or a commercial
15
solar energy facility shall file a farmland drainage plan with
16
the county and impacted drainage districts outlining how
17
surface and subsurface drainage of farmland will be restored
18
during and following construction or deconstruction of the
19
facility. The plan is to be created independently by the
20
facility developer and shall include the location of any
21
potentially impacted drainage district facilities to the
22
extent this information is publicly available from the county
23
or the drainage district, plans to repair any subsurface
24
drainage affected during construction or deconstruction using
25
procedures outlined in the agricultural impact mitigation
26
agreement entered into by the commercial wind energy facility

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LRB104 20584 TRT 34074 b
1
owner or commercial solar energy facility owner, and
2
procedures for the repair and restoration of surface drainage
3
affected during construction or deconstruction. All surface
4
and subsurface damage shall be repaired as soon as reasonably
5
practicable.
6

(k) A county may not condition approval of a commercial
7
wind energy facility or commercial solar energy facility on a
8
property value guarantee and may not require a facility owner
9
to pay into a neighboring property devaluation escrow account.
10

(l) A county may require certain vegetative screening
11
surrounding a commercial wind energy facility or commercial
12
solar energy facility but may not require earthen berms or
13
similar structures.
14

(m) A county may set blade tip height limitations for wind
15
towers in commercial wind energy facilities but may not set a
16
blade tip height limitation that is more restrictive than the
17
height allowed under a Determination of No Hazard to Air
18
Navigation by the Federal Aviation Administration under 14 CFR
19
Part 77.
20

(n) A county may require that a commercial wind energy
21
facility owner or commercial solar energy facility owner
22
provide:
23

(1) the results and recommendations from consultation
24

with the Illinois Department of Natural Resources that are
25

obtained through the Ecological Compliance Assessment Tool
26

(EcoCAT) or a comparable successor tool; and

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1

(2) the results of the United States Fish and Wildlife
2

Service's Information for Planning and Consulting
3

environmental review or a comparable successor tool that
4

is consistent with (i) the "U.S. Fish and Wildlife
5

Service's Land-Based Wind Energy Guidelines" and (ii) any
6

applicable United States Fish and Wildlife Service solar
7

wildlife guidelines that have been subject to public
8

review.
9

(o) A county may require a commercial wind energy facility
10
or commercial solar energy facility to adhere to the
11
recommendations provided by the Illinois Department of Natural
12
Resources in an EcoCAT natural resource review report under 17
13
Ill. Adm. Code Part 1075.
14

(p) A county may require a facility owner to:
15

(1) demonstrate avoidance of protected lands as
16

identified by the Illinois Department of Natural Resources
17

and the Illinois Nature Preserve Commission; or
18

(2) consider the recommendations of the Illinois
19

Department of Natural Resources for setbacks from
20

protected lands, including areas identified by the
21

Illinois Nature Preserve Commission.
22

(q) A county may require that a facility owner provide
23
evidence of consultation with the Illinois State Historic
24
Preservation Office to assess potential impacts on
25
State-registered historic sites under the Illinois State
26
Agency Historic Resources Preservation Act.

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1

(r) To maximize community benefits, including, but not
2
limited to, reduced stormwater runoff, flooding, and erosion
3
at the ground mounted solar energy system, improved soil
4
health, and increased foraging habitat for game birds,
5
songbirds, and pollinators, a county may (1) require a
6
commercial solar energy facility owner to plant, establish,
7
and maintain for the life of the facility vegetative ground
8
cover, consistent with the goals of the Pollinator-Friendly
9
Solar Site Act and (2) require the submittal of a vegetation
10
management plan that is in compliance with the agricultural
11
impact mitigation agreement in the application to construct
12
and operate a commercial solar energy facility in the county
13
if the vegetative ground cover and vegetation management plan
14
comply with the requirements of the underlying agreement with
15
the landowner or landowners where the facility will be
16
constructed.
17

No later than 90 days after January 27, 2023 (the
18
effective date of Public Act 102-1123), the Illinois
19
Department of Natural Resources shall develop guidelines for
20
vegetation management plans that may be required under this
21
subsection for commercial solar energy facilities. The
22
guidelines must include guidance for short-term and long-term
23
property management practices that provide and maintain native
24
and non-invasive naturalized perennial vegetation to protect
25
the health and well-being of pollinators.
26

(s) If a facility owner enters into a road use agreement

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1
with the Illinois Department of Transportation, a road
2
district, or other unit of local government relating to a
3
commercial wind energy facility or a commercial solar energy
4
facility, the road use agreement shall require the facility
5
owner to be responsible for (i) the reasonable cost of
6
improving roads used by the facility owner to construct the
7
commercial wind energy facility or the commercial solar energy
8
facility and (ii) the reasonable cost of repairing roads used
9
by the facility owner during construction of the commercial
10
wind energy facility or the commercial solar energy facility
11
so that those roads are in a condition that is safe for the
12
driving public after the completion of the facility's
13
construction. Roadways improved in preparation for and during
14
the construction of the commercial wind energy facility or
15
commercial solar energy facility shall be repaired and
16
restored to the improved condition at the reasonable cost of
17
the developer if the roadways have degraded or were damaged as
18
a result of construction-related activities.
19

The road use agreement shall not require the facility
20
owner to pay costs, fees, or charges for road work that is not
21
specifically and uniquely attributable to the construction of
22
the commercial wind energy facility or the commercial solar
23
energy facility. Road-related fees, permit fees, or other
24
charges imposed by the Illinois Department of Transportation,
25
a road district, or other unit of local government under a road
26
use agreement with the facility owner shall be reasonably

HB5477
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LRB104 20584 TRT 34074 b
1
related to the cost of administration of the road use
2
agreement.
3

(s-5) The facility owner shall also compensate landowners
4
for crop losses or other agricultural damages resulting from
5
damage to the drainage system caused by the construction of
6
the commercial wind energy facility or the commercial solar
7
energy facility. The commercial wind energy facility owner or
8
commercial solar energy facility owner shall repair or pay for
9
the repair of all damage to the subsurface drainage system
10
caused by the construction of the commercial wind energy
11
facility or the commercial solar energy facility in accordance
12
with the agriculture impact mitigation agreement requirements
13
for repair of drainage. The commercial wind energy facility
14
owner or commercial solar energy facility owner shall repair
15
or pay for the repair and restoration of surface drainage
16
caused by the construction or deconstruction of the commercial
17
wind energy facility or the commercial solar energy facility
18
as soon as reasonably practicable.
19

(t) Notwithstanding any other provision of law, a facility
20
owner with siting approval from a county to construct a
21
commercial wind energy facility or a commercial solar energy
22
facility is authorized to cross or impact a drainage system,
23
including, but not limited to, drainage tiles, open drainage
24
ditches, culverts, and water gathering vaults, owned or under
25
the control of a drainage district under the Illinois Drainage
26
Code without obtaining prior agreement or approval from the

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1
drainage district in accordance with the farmland drainage
2
plan required by subsection (j-5).
3

(u) The amendments to this Section adopted in Public Act
4
102-1123 do not apply to: (1) an application for siting
5
approval or for a special use permit for a commercial wind
6
energy facility or commercial solar energy facility if the
7
application was submitted to a unit of local government before
8
January 27, 2023 (the effective date of Public Act 102-1123);
9
(2) a commercial wind energy facility or a commercial solar
10
energy facility if the facility owner has submitted an
11
agricultural impact mitigation agreement to the Department of
12
Agriculture before January 27, 2023 (the effective date of
13
Public Act 102-1123); or (3) a commercial wind energy or
14
commercial solar energy development on property that is
15
located within an enterprise zone certified under the Illinois
16
Enterprise Zone Act, that was classified as industrial by the
17
appropriate zoning authority on or before January 27, 2023,
18
and that is located within 4 miles of the intersection of
19
Interstate 88 and Interstate 39.
20
(Source: P.A. 103-81, eff. 6-9-23; 103-580, eff. 12-8-23;
21
104-417, eff. 8-15-25.)

22

(Text of Section after amendment by P.A. 104-458
)
23

Sec. 5-12020.
Commercial wind energy facilities and
24
commercial solar energy facilities.
25

(a) As used in this Section:

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1

"Commercial operation date" means the calendar date the
2
facility owner notifies the landowner, county, and Department
3
of Agriculture, in writing, that commercial operation of a
4
commercial solar energy facility or commercial wind energy
5
facility has commenced.

6

"Commercial solar energy facility" means a "commercial
7
solar energy system" as defined in Section 10-720 of the
8
Property Tax Code. "Commercial solar energy facility" does not
9
mean a utility-scale solar energy facility being constructed
10
at a site that was eligible to participate in a procurement
11
event conducted by the Illinois Power Agency pursuant to
12
subsection (c-5) of Section 1-75 of the Illinois Power Agency
13
Act.
14

"Commercial wind energy facility" means a wind energy
15
conversion facility of equal or greater than 500 kilowatts in
16
total nameplate generating capacity. "Commercial wind energy
17
facility" includes a wind energy conversion facility seeking
18
an extension of a permit to construct granted by a county or
19
municipality before January 27, 2023 (the effective date of
20
Public Act 102-1123).
21

"Facility owner" means (i) a person with a direct
22
ownership interest in a commercial wind energy facility or a
23
commercial solar energy facility, or both, regardless of
24
whether the person is involved in acquiring the necessary
25
rights, permits, and approvals or otherwise planning for the
26
construction and operation of the facility, and (ii) at the

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time the facility is being developed, a person who is acting as
2
a developer of the facility by acquiring the necessary rights,
3
permits, and approvals or by planning for the construction and
4
operation of the facility, regardless of whether the person
5
will own or operate the facility.
6

"Nonparticipating property" means real property that is
7
not a participating property.
8

"Nonparticipating residence" means a residence that is
9
located on nonparticipating property and that is existing and
10
occupied on the date that an application for a permit to
11
develop the commercial wind energy facility or the commercial
12
solar energy facility is filed with the county.
13

"Occupied community building" means any one or more of the
14
following buildings that is existing and occupied on the date
15
that the application for a permit to develop the commercial
16
wind energy facility or the commercial solar energy facility
17
is filed with the county: a school, place of worship, day care
18
facility, public library, or community center.
19

"Participating property" means real property that is the
20
subject of a written agreement between a facility owner and
21
the owner of the real property that provides the facility
22
owner an easement, option, lease, or license to use the real
23
property for the purpose of constructing a commercial wind
24
energy facility, a commercial solar energy facility, or
25
supporting facilities. "Participating property" also includes
26
real property that is owned by a facility owner for the purpose

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of constructing a commercial wind energy facility, a
2
commercial solar energy facility, or supporting facilities.
3

"Participating residence" means a residence that is
4
located on participating property and that is existing and
5
occupied on the date that an application for a permit to
6
develop the commercial wind energy facility or the commercial
7
solar energy facility is filed with the county.
8

"Protected lands" means real property that is:
9

(1) subject to a permanent conservation right
10

consistent with the Real Property Conservation Rights Act;
11

or
12

(2) registered or designated as a nature preserve,
13

buffer, or land and water reserve under the Illinois
14

Natural Areas Preservation Act.
15

"Supporting facilities" means the transmission lines,
16
substations, access roads, meteorological towers, storage
17
containers, and equipment associated with the generation and
18
storage of electricity by the commercial wind energy facility
19
or commercial solar energy facility. "Supporting facilities"
20
includes energy storage systems capable of absorbing energy
21
and storing it for use at a later time, including, but not
22
limited to, batteries and other electrochemical and
23
electromechanical technologies or systems.
24

"Wind tower" includes the wind turbine tower, nacelle, and
25
blades.
26

(b) Notwithstanding any other provision of law or whether

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the county has formed a zoning commission and adopted formal
2
zoning under Section 5-12007, a county may establish standards
3
for commercial wind energy facilities, commercial solar energy
4
facilities, or both. The standards may include all of the
5
requirements specified in this Section but may not include
6
requirements for commercial wind energy facilities or
7
commercial solar energy facilities that are more restrictive
8
than specified in this Section. A county may also regulate the
9
siting of commercial wind energy facilities with standards
10
that are not more restrictive than the requirements specified
11
in this Section in unincorporated areas of the county that are
12
outside the zoning jurisdiction of a municipality and that are
13
outside the 1.5-mile radius surrounding the zoning
14
jurisdiction of a municipality. A county may also regulate the
15
siting of commercial solar energy facilities with standards
16
that are not more restrictive than the requirements specified
17
in this Section in unincorporated areas of the county that are
18
outside of the zoning jurisdiction of a municipality.
19

(c) If a county has elected to establish standards under
20
subsection (b), before the county grants siting approval or a
21
special use permit for a commercial wind energy facility or a
22
commercial solar energy facility, or modification of an
23
approved siting or special use permit, the county board of the
24
county in which the facility is to be sited or the zoning board
25
of appeals for the county shall hold at least one public
26
hearing. The public hearing shall be conducted in accordance

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with the Open Meetings Act and shall conclude not more than 60
2
days after the filing of the application for the facility. The
3
county shall allow interested parties to a special use permit
4
an opportunity to present evidence and to cross-examine
5
witnesses at the hearing, but the county may impose reasonable
6
restrictions on the public hearing, including reasonable time
7
limitations on the presentation of evidence and the
8
cross-examination of witnesses. The county shall also allow
9
public comment at the public hearing in accordance with the
10
Open Meetings Act. The county shall make its siting and
11
permitting decisions not more than 30 days after the
12
conclusion of the public hearing. Notice of the hearing shall
13
be published in a newspaper of general circulation in the
14
county. A facility owner must enter into an agricultural
15
impact mitigation agreement with the Department of Agriculture
16
prior to the date of the required public hearing. A commercial
17
wind energy facility owner seeking an extension of a permit
18
granted by a county prior to July 24, 2015 (the effective date
19
of Public Act 99-132) must enter into an agricultural impact
20
mitigation agreement with the Department of Agriculture prior
21
to a decision by the county to grant the permit extension.
22
Counties may allow test wind towers or test solar energy
23
systems to be sited without formal approval by the county
24
board.
25

(c-5) A commercial wind energy facility or commercial
26
solar energy facility proposed to be located on property in an

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unincorporated area of the county within the zoning
2
jurisdiction of a municipality, and located adjacent to the
3
corporate boundary of a municipality shall either be annexed
4
to the municipality subject to the requirements under Section
5
7-1-1 of the Illinois Municipal Code or be subject to the
6
municipality's zoning regulations.

7

(d) A county with an existing zoning ordinance in conflict
8
with this Section shall amend that zoning ordinance to be in
9
compliance with this Section within 120 days after January 27,
10
2023 (the effective date of Public Act 102-1123).
11

(e) A county may require:
12

(1) a wind tower of a commercial wind energy facility
13

to be sited as follows, with setback distances measured
14

from the center of the base of the wind tower:

15
Setback Description Setback Distance

16
Occupied Community 2.1 times the maximum blade tip
17
Buildings height of the wind tower to the
18
nearest point on the outside
19
wall of the structure

20
Participating Residences 1.1 times the maximum blade tip
21
height of the wind tower to the
22
nearest point on the outside
23
wall of the structure

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Nonparticipating Residences 2.1 times the maximum blade tip
2
height of the wind tower to the
3
nearest point on the outside
4
wall of the structure

5
Boundary Lines of None
6
Participating Property

7
Boundary Lines of 1.1 times the maximum blade tip
8
Nonparticipating Property height of the wind tower to the
9
nearest point on the property
10
line of the nonparticipating
11
property

12
Public Road Rights-of-Way 1.1 times the maximum blade tip
13
height of the wind tower
14
to the center point of the
15
public road right-of-way

16
Overhead Communication and 1.1 times the maximum blade tip
17
Electric Transmission height of the wind tower to the
18
and Distribution Facilities nearest edge of the property
19
(Not Including Overhead line, easement, or
20
Utility Service Lines to right-of-way
21
Individual Houses or containing the overhead line

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Outbuildings)

2
Overhead Utility Service None
3
Lines to Individual
4
Houses or Outbuildings

5
Fish and Wildlife Areas 2.1 times the maximum blade
6
and Illinois Nature tip height of the wind tower
7
Preserve Commission to the nearest point on the
8
Protected Lands property line of the fish and
9
wildlife area or protected
10
land
11

This Section does not exempt or excuse compliance with
12

electric facility clearances approved or required by the
13

National Electrical Code, the National Electrical Safety
14

Code, the Illinois Commerce Commission, and the Federal
15

Energy Regulatory Commission and their designees or
16

successors;
17

(2) a wind tower of a commercial wind energy facility
18

to be sited so that industry standard computer modeling
19

indicates that any occupied community building or
20

nonparticipating residence will not experience more than
21

30 hours per year of shadow flicker under planned
22

operating conditions;
23

(3) a commercial solar energy facility to be sited as
24

follows, with setback distances measured from the nearest

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1

edge of any above-ground component of the facility,
2

excluding fencing:

3
Setback Description Setback Distance

4
Occupied Community 150 feet from the nearest
5
Buildings and Dwellings on point on the outside wall
6
Nonparticipating Properties of the structure

7
Boundary Lines of None
8
Participating Property

9
Public Road Rights-of-Way 50 feet from the nearest
10
edge of the public
11
right-of-way

12
Boundary Lines of 50 feet to the nearest
13
Nonparticipating Property point on the property
14
line of the nonparticipating
15
property

16

(4) a commercial solar energy facility to be sited so
17

that the facility's perimeter is enclosed by fencing
18

having a height of at least 6 feet and no more than 25
19

feet; and
20

(5) a commercial solar energy facility to be sited so

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that no component of a solar panel has a height of more
2

than 20 feet above ground when the solar energy facility's
3

arrays are at full tilt.
4

This subsection (e) shall not preclude the ability of a
5
county to require a reasonable setback distance between
6
fencing and public rights-of-way if the requirement is not
7
specific to commercial wind energy facilities or commercial
8
solar energy facilities and does not preclude the development
9
of commercial wind energy facilities or commercial solar
10
energy facilities or the ability of commercial wind energy
11
facilities or commercial solar energy facilities to comply
12
with the requirements set forth in this subsection (e).
13

The requirements set forth in this subsection (e) may be
14
waived subject to the written consent of the owner of each
15
affected nonparticipating property.
16

(e-5) Commercial solar energy facilities or commercial
17
wind energy facilities shall be placed in zoning districts
18
primarily intended for agricultural or manufacturing uses.

19

(f) A county may not set a sound limitation for wind towers
20
in commercial wind energy facilities or any components in
21
commercial solar energy facilities that is more restrictive
22
than the sound limitations established by the Illinois
23
Pollution Control Board under 35 Ill. Adm. Code Parts 900,
24
901, and 910. Additionally, in accordance with Section 25 of
25
the Environmental Protection Act, a participating property,
26
participating residence, nonparticipating property,

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1
nonparticipating residence, or any combination of those
2
properties or residences may waive enforcement of the rules
3
adopted by the Illinois Pollution Control Board under 35 Ill.
4
Adm. Code Parts 900, 901, and 910 by written waiver that
5
complies with the applicable directive established in Section
6
25 of the Environmental Protection Act and is recorded in the
7
Office of the Recorder of the county in which the
8
participating property, participating residence,
9
nonparticipating property, or nonparticipating residence is
10
located. Once recorded, such a waiver shall be binding on any
11
current and future owners, residents, lessees, invitees, and
12
users of the participating property, participating residence,
13
nonparticipating property, or nonparticipating residence for
14
enforcement purposes. An owner of any participating residence
15
or nonparticipating residence shall disclose the existence of
16
such a waiver to any lessee before entering any new lease for
17
the residence.
18

A seller or transferor of a participating property,
19
participating residence, nonparticipating property,
20
nonparticipating residence, or any combination of those
21
properties or residences shall disclose the existence of such
22
a waiver to any buyer or transferee before any sale or transfer
23
of the property. If disclosure of the waiver occurs after the
24
buyer has made an offer to purchase the property, the seller
25
shall disclose the existence of the waiver before accepting
26
the buyer's offer and shall (1) allow the buyer an opportunity

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to review the disclosure and (2) inform the buyer that the
2
buyer has the right to amend the buyer's offer.
3

(f-5) A county may designate commercial wind energy
4
facilities and commercial solar energy facilities as permitted
5
uses for certain zoning districts.

6

(g) A county may not place any restriction on the
7
installation or use of a commercial wind energy facility or a
8
commercial solar energy facility unless it adopts an ordinance
9
that complies with this Section. A county may not establish
10
siting standards for supporting facilities that preclude
11
development of commercial wind energy facilities or commercial
12
solar energy facilities
, unless the development is determined
13
by the county, based on evidence presented at a public
14
hearing, to be detrimental to the public health, safety, or
15
welfare of county residents, or the development site or
16
adjacent property is consistent with the legal standard set
17
forth in La Salle National Bank of Chicago v. Cook County, 12
18
Ill.2d 40 (1957)
.
19

A request for siting approval or a special use permit for a
20
commercial wind energy facility or a commercial solar energy
21
facility, or modification of an approved siting or special use
22
permit, shall be approved if the request is in compliance with
23
the standards and conditions imposed in this Act, the zoning
24
ordinance adopted consistent with this Act, and the conditions
25
imposed under State and federal statutes and regulations
and
26
if the approval would not be invalid considering the following

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1
factors:

.

2

(1) the uniformity with the existing uses and zoning
3

of nearby property;
4

(2) the extent to which property values are diminished
5

by the particular zoning restrictions;
6

(3) the extent to which the destruction of property
7

values promotes the health, safety, morals, or general
8

welfare of the public;
9

(4) the relative gain to the public as compared to the
10

hardship imposed on the individual property owner;
11

(5) the suitability of the property for the zoned
12

purpose;
13

(6) the length of time the property has been vacant as
14

zoned considered in the context of land development in the
15

area;
16

(7) the care with which a community has planned its
17

land use development; and
18

(8) the community need for the proposed use.

19

(g-5) A county may not approve a request for siting
20
approval or a special use permit for a commercial wind energy
21
facility or a commercial solar energy facility or the
22
modification of an approved siting or special use permit if
23
the proposal disturbs more than one acre of land, unless the
24
facility owner has obtained a National Pollution Discharge
25
Elimination System permit from the Illinois Environmental
26
Protection Agency.

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1

(h) A county may not adopt zoning regulations that
2
disallow, permanently or temporarily, commercial wind energy
3
facilities or commercial solar energy facilities from being
4
developed or operated in any district zoned to allow
5
agricultural or industrial uses.
6

(h-5) A county may deny a request for a special use permit
7
for a commercial solar energy facility or commercial wind
8
energy facility in areas planned as a residential development
9
under either a county comprehensive plan or a municipal
10
comprehensive plan.

11

(i) (Blank).
12

(i-5) All siting approval or special use permit
13
application fees for a commercial wind energy facility or
14
commercial solar energy facility must be reasonable. Fees that
15
do not exceed $5,000 per each megawatt of nameplate capacity
16
of the energy facility, up to a maximum of $125,000, shall be
17
considered presumptively reasonable. A county may also require
18
reimbursement from the applicant for any reasonable expenses
19
incurred by the county in processing the siting approval or
20
special use permit application in excess of the maximum fee. A
21
siting approval or special use permit shall not be subject to
22
any time deadline to start construction or obtain a building
23
permit of less than 5 years from the date of siting approval or
24
special use permit approval. A county shall allow an applicant
25
to request an extension of the deadline based upon reasonable
26
cause for the extension request. The exemption shall not be

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1
unreasonably withheld, conditioned, or denied.
2

(i-10) A county may require, for a commercial wind energy
3
facility or commercial solar energy facility, a single
4
building permit and a reasonable permit fee for the facility
5
which includes all supporting facilities. County building
6
permit fees for commercial wind energy facility or commercial
7
solar energy facility that do not exceed $5,000 per each
8
megawatt of nameplate capacity of the energy facility, up to a
9
maximum of $75,000, shall be considered presumptively
10
reasonable. A county may also require reimbursement from the
11
applicant for any reasonable expenses incurred by the county
12
in processing the building permit in excess of the maximum
13
fee. A county may require an applicant, upon start of
14
construction of the facility, to maintain liability insurance
15
that is commercially reasonable and consistent with prevailing
16
industry standards for similar energy facilities.
17

(j)
A county may set standards for construction, repair,
18
decommissioning, or deconstruction of a commercial wind energy
19
facility or commercial solar energy facility within its
20
boundaries. Any

Except as otherwise provided in this Section,
21
a county shall not require
standards for construction,
repair,

22
decommissioning, or deconstruction of a commercial wind energy
23
facility or commercial solar energy facility
imposed by a
24
county must satisfy the minimum standards set forth

or related
25
financial assurances that are more restrictive than those
26
included
in the Department of Agriculture's standard wind farm

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1
agricultural impact mitigation agreement, template 81818, or
2
standard solar agricultural impact mitigation agreement,
3
version 8.19.19, as applicable and in effect on December 31,
4
2022
, or the most recent version of the mitigation agreements
5
if any subsequent version has been adopted after December 31,
6
2022
. The amount of any decommissioning payment shall be in
7
accordance with the financial assurance required by
this
8
Section

those agricultural impact mitigation agreements
.
9

(j-5)
Each

A
commercial wind energy facility or
a

10
commercial solar energy facility shall
require

file
a farmland
11
drainage plan
that outlines

with the county and impacted
12
drainage districts outlining
how surface and subsurface
13
drainage of farmland will be restored during and following
14
construction or deconstruction of the facility
that is
15
approved by the county and impacted drainage districts
. The
16
plan is to be created
by an independent consultant, selected
17
by the county, and paid for

independently
by the facility
18
developer and shall include the location of any potentially
19
impacted drainage district facilities to the extent this
20
information is publicly available from the county or the
21
drainage district, plans to repair any subsurface drainage
22
affected during construction or deconstruction using
23
procedures outlined in the agricultural impact mitigation
24
agreement entered into by the commercial wind energy facility
25
owner or commercial solar energy facility owner, and
26
procedures for the repair and restoration of surface drainage

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1
affected during construction or deconstruction. All surface
2
and subsurface damage shall be repaired as soon as reasonably
3
practicable.
The county and impacted drainage districts shall
4
complete review of the farmland drainage plan within 60 days
5
after submission of the plan to the county. Upon completion of
6
review, the county and impacted drainage districts shall issue
7
a written determination to the facility developer on its
8
decision to either approve the plan, or deny the plan stating,
9
specifically, the reason for denial of the plan.

10

(j-10) In accordance with the Renewable Energy Facilities
11
Agricultural Impact Mitigation Act, a facility owner shall
12
provide the county where a commercial solar energy facility or
13
commercial wind energy facility is to be located with a
14
deconstruction plan that has been prepared by a professional
15
engineer licensed under the Professional Engineering Practice
16
Act of 1989, who has been selected by the facility owner. The
17
deconstruction plan shall contain information that satisfies
18
each of the components of deconstruction as set forth in this
19
Section and in the construction and deconstruction standards
20
and policies of the Department of Agriculture's standard wind
21
farm agricultural impact mitigation agreement, template 81818,
22
or standard solar agricultural impact mitigation agreement,
23
version 8.19.19, as applicable and in effect on December 31,
24
2022, or the most recent version of the mitigation agreements
25
if any subsequent version has been adopted after December 31,
26
2022. The county shall have its own professional engineer

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1
review the deconstruction plan and either approve or deny the
2
deconstruction plan within 60 days after a complete submittal.
3
If the deconstruction plan is denied, the county shall provide
4
a written statement of the specific reasons for denial. The
5
facility owner may file a revised deconstruction plan that
6
addresses the specific reasons that led to the denial of the
7
initial deconstruction plan. The county shall review and act
8
on any revised deconstruction plan within 30 days after it is
9
resubmitted. The facility owner shall reevaluate the estimated
10
costs of deconstruction of any facility after the fifth
11
anniversary of the commercial operation date and every 5 years
12
thereafter. The facility owner shall file with the county, on
13
or before the end of the fifth year of commercial operation,
14
and every 5 years thereafter, for approval by the county, an
15
updated deconstruction plan prepared by a professional
16
engineer who has been selected by the county. Based on an
17
initial evaluation or reevaluation during the county approval
18
process, the county may require changes in the level of
19
financial assurance required from the facility owner. If the
20
county is unable to perform to its satisfaction, the necessary
21
investigations to approve the deconstruction plan filed by the
22
facility owner, then the county and facility may mutually
23
agree on the selection of a professional engineer, independent
24
of the facility owner, to conduct any necessary investigations
25
to approve the deconstruction plan. The facility owner shall
26
be responsible for the cost of the preparation of the

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1
deconstruction plan by its professional engineer or any
2
independent professional engineer and the cost of any plan
3
reviews by the professional engineer selected by the county. A
4
commercial solar energy facility owner or commercial wind
5
energy facility owner shall provide the county with an
6
appropriate financial assurance mechanism consistent with the
7
financial requirements of this subsection, which shall be set
8
forth in the Department of Agriculture's standard wind farm
9
agricultural impact mitigation agreement, template 81818, or
10
standard solar agricultural impact mitigation agreement,
11
version 8.19.19, as applicable and in effect on December 31,
12
2022, or the most recent version of the mitigation agreements
13
if any subsequent version has been adopted after December 31,
14
2022. The financial assurance shall be sufficient to cover the
15
estimated costs of public safety or emergency repairs to the
16
facility if damage to the facility is caused by natural
17
disaster or by operational malfunction and the estimated costs
18
of repair or deconstruction of the facility in the event of
19
abandonment of a commercial wind energy facility or
20
abandonment of a commercial solar energy facility as defined
21
in Section 10 of the Renewable Energy Facilities Agricultural
22
Impact Mitigation Act. The facility owner shall provide the
23
county with the initial financial assurance to cover 100% of
24
the estimated deconstruction costs prior to the commercial
25
operation date. A county may use the financial assurance
26
provided by the facility owner to cover public safety or

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1
emergency repairs that are not timely addressed by the
2
facility owner, as determined by the county's designated
3
representative. If a county must use a portion of the
4
financial assurance to address any public safety or emergency
5
repairs or to deconstruct a portion of the facility, the
6
facility owner shall replenish the financial assurance for the
7
amount used within 60 days after the expenditure of the
8
financial assurance consistent with the Department's standard
9
agricultural impact mitigation agreement. The purpose of the
10
financial assurance shall be to assure deconstruction in the
11
event of an abandonment of a commercial solar energy facility
12
or commercial wind energy facility or to cover the estimated
13
costs of public safety or emergency repairs to the facility in
14
the event of damage to the facility caused by natural disaster
15
or operational malfunction.

16

(k) A county may not condition approval of a commercial
17
wind energy facility or commercial solar energy facility on a
18
property value guarantee and may not require a facility owner
19
to pay into a neighboring property devaluation escrow account.
20

(l) A county may require certain vegetative screening
21
between a commercial solar energy facility and
22
nonparticipating residences. A county may not require earthen
23
berms or similar structures
, except that a county may require
24
earthen berms for ground-based commercial solar energy
25
projects and may adopt regulations governing the construction
26
and maintenance of such earthen berms
. Vegetative screening

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1
requirements shall be commercially reasonable and limited in
2
height at full maturity to avoid reduction of the productive
3
energy output of the commercial solar energy facility. A
4
county may not require vegetative screening to exceed 5 feet
5
in height when first installed or prior to commercial
6
operation date. The screening requirements shall take into
7
account the size and location of the facility, visibility from
8
nonparticipating residences, compatibility of native plant
9
species, cost and feasibility of installation and maintenance,
10
and industry standards and best practices for commercial solar
11
energy facilities.
12

(m) A county may set blade tip height limitations for wind
13
towers in commercial wind energy facilities but may not set a
14
blade tip height limitation that is more restrictive than the
15
height allowed under a Determination of No Hazard to Air
16
Navigation by the Federal Aviation Administration under 14 CFR
17
Part 77.
18

(n) A county may require that a commercial wind energy
19
facility owner or commercial solar energy facility owner
20
provide:
21

(1) the results and recommendations from consultation
22

with the Illinois Department of Natural Resources that are
23

obtained through the Ecological Compliance Assessment Tool
24

(EcoCAT) or a comparable successor tool; and
25

(2) (blank).
26

(o) A county may require a commercial wind energy facility

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or commercial solar energy facility to adhere to the
2
recommendations provided by the Illinois Department of Natural
3
Resources in an EcoCAT natural resource review report under 17
4
Ill. Adm. Code Part 1075.
5

(p) A county may require a facility owner to:
6

(1) demonstrate avoidance of protected lands as
7

identified by the Illinois Department of Natural Resources
8

and the Illinois Nature Preserve Commission; or
9

(2) consider the recommendations of the Illinois
10

Department of Natural Resources for setbacks from
11

protected lands, including areas identified by the
12

Illinois Nature Preserve Commission.
13

(q) A county may require that a facility owner provide
14
evidence of consultation with the Illinois State Historic
15
Preservation Office to assess potential impacts on
16
State-registered historic sites under the Illinois State
17
Agency Historic Resources Preservation Act.
18

(r) To maximize community benefits, including, but not
19
limited to, reduced stormwater runoff, flooding, and erosion
20
at the ground mounted solar energy system, improved soil
21
health, and increased foraging habitat for game birds,
22
songbirds, and pollinators, a county may (1) require a
23
commercial solar energy facility owner to plant, establish,
24
and maintain for the life of the facility vegetative ground
25
cover, consistent with the goals of the Pollinator-Friendly
26
Solar Site Act and (2) require the submittal of a vegetation

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1
management plan that is in compliance with the agricultural
2
impact mitigation agreement in the application to construct
3
and operate a commercial solar energy facility in the county
4
if the vegetative ground cover and vegetation management plan
5
comply with the requirements of the underlying agreement with
6
the landowner or landowners where the facility will be
7
constructed.
8

No later than 90 days after January 27, 2023 (the
9
effective date of Public Act 102-1123), the Illinois
10
Department of Natural Resources shall develop guidelines for
11
vegetation management plans that may be required under this
12
subsection for commercial solar energy facilities. The
13
guidelines must include guidance for short-term and long-term
14
property management practices that provide and maintain native
15
and non-invasive naturalized perennial vegetation to protect
16
the health and well-being of pollinators.
17

(s) If a facility owner enters into a road use agreement
18
with the Illinois Department of Transportation, a road
19
district, or other unit of local government relating to a
20
commercial wind energy facility or a commercial solar energy
21
facility, the road use agreement shall require the facility
22
owner to be responsible for (i) the reasonable cost of
23
improving roads used by the facility owner to construct the
24
commercial wind energy facility or the commercial solar energy
25
facility and (ii) the reasonable cost of repairing roads used
26
by the facility owner during construction of the commercial

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1
wind energy facility or the commercial solar energy facility
2
so that those roads are in a condition that is safe for the
3
driving public after the completion of the facility's
4
construction. Roadways improved in preparation for and during
5
the construction of the commercial wind energy facility or
6
commercial solar energy facility shall be repaired and
7
restored to the improved condition at the reasonable cost of
8
the developer if the roadways have degraded or were damaged as
9
a result of construction-related activities.
10

The road use agreement shall not require the facility
11
owner to pay costs, fees, or charges for road work that is not
12
specifically and uniquely attributable to the construction of
13
the commercial wind energy facility or the commercial solar
14
energy facility. No road district or other unit of local
15
government may request or require permit fees, fines, or other
16
payment obligations as a requirement for a road use agreement
17
with a facility owner unless the amount of the reasonable
18
permit fee or payment is equivalent to the amount of actual
19
expenses incurred by the road district or other unit of local
20
government for negotiating, executing, constructing, or
21
implementing the road use agreement. The road use agreement
22
shall not require any road work to be performed by or paid for
23
by the facility owner that is not specifically and uniquely
24
attributable to the road improvements required for the
25
construction of the commercial wind energy facility or the
26
commercial solar energy facility or the restoration of the

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1
roads used by the facility owner during construction-related
2
activities.
3

(s-5) The facility owner shall also compensate landowners
4
for crop losses or other agricultural damages resulting from
5
damage to the drainage system caused by the construction of
6
the commercial wind energy facility or the commercial solar
7
energy facility. The commercial wind energy facility owner or
8
commercial solar energy facility owner shall repair or pay for
9
the repair of all damage to the subsurface drainage system
10
caused by the construction of the commercial wind energy
11
facility or the commercial solar energy facility in accordance
12
with the agriculture impact mitigation agreement requirements
13
for repair of drainage. The commercial wind energy facility
14
owner or commercial solar energy facility owner shall repair
15
or pay for the repair and restoration of surface drainage
16
caused by the construction or deconstruction of the commercial
17
wind energy facility or the commercial solar energy facility
18
as soon as reasonably practicable.
19

(t) Notwithstanding any other provision of law, a facility
20
owner with siting approval from a county to construct a
21
commercial wind energy facility or a commercial solar energy
22
facility is authorized to cross or impact a drainage system,
23
including, but not limited to, drainage tiles, open drainage
24
ditches, culverts, and water gathering vaults, owned or under
25
the control of a drainage district under the Illinois Drainage
26
Code
, if the facility owner has obtained prior approval of a

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1
farmland drainage plan by a county, the impacted drainage
2
districts, or both the county and the impacted drainage
3
district

without obtaining prior agreement or approval from
4
the drainage district
in accordance with the farmland drainage
5
plan required by subsection (j-5).
6

(u) The amendments to this Section adopted in Public Act
7
102-1123 do not apply to: (1) an application for siting
8
approval or for a special use permit for a commercial wind
9
energy facility or commercial solar energy facility if the
10
application was submitted to a unit of local government before
11
January 27, 2023 (the effective date of Public Act 102-1123);
12
(2) a commercial wind energy facility or a commercial solar
13
energy facility if the facility owner has submitted an
14
agricultural impact mitigation agreement to the Department of
15
Agriculture before January 27, 2023 (the effective date of
16
Public Act 102-1123); (3) a commercial wind energy or
17
commercial solar energy development on property that is
18
located within an enterprise zone certified under the Illinois
19
Enterprise Zone Act, that was classified as industrial by the
20
appropriate zoning authority on or before January 27, 2023,
21
and that is located within 4 miles of the intersection of
22
Interstate 88 and Interstate 39; or (4) a commercial wind
23
energy or commercial solar energy development on property in
24
Madison County that is located within the area that has as its
25
northern boundary the portion of Drexelius Road that is
26
between the intersection of Drexelius Road and Wolf Road and

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1
the intersection of Drexelius Road and Fosterburg Road, that
2
has as its eastern boundary the portion of Fosterburg Road
3
that is between the intersection of Fosterburg Road and
4
Drexelius Road and the intersection of Fosterburg Road and
5
Wolf Road, and that has as its southern and western boundaries
6
the portion of Wolf Road that is between the intersection of
7
Fosterburg Road and Wolf Road and the intersection of
8
Drexelius Road and Wolf Road.
9
(Source: P.A. 103-81, eff. 6-9-23; 103-580, eff. 12-8-23;
10
104-417, eff. 8-15-25; 104-458, eff. 6-1-26.)

11

Section 15.
The Renewable Energy Facilities Agricultural
12
Impact Mitigation Act is amended by changing Sections 10 and
13
15 as follows:

14

(505 ILCS 147/10)
15

Sec. 10.
Definitions.
As used in this Act:
16

"Abandonment of a commercial wind energy facility" means
17
when deconstruction has not been completed within 18 months
18
after the commercial wind energy facility reaches the end of
19
its useful life. For purposes of this definition, a commercial
20
wind energy facility will be presumed to have reached the end
21
of its useful life if (1) no electricity is generated for a
22
continuous period of 12 months and (2) the commercial wind
23
energy facility owner fails, for a period of 6 consecutive
24
months, to pay the landowner amounts owed in accordance with

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1
the underlying agreement.
2

"Abandonment of a commercial solar energy facility" means
3
when deconstruction has not been completed within 12 months
4
after the commercial solar energy facility reaches the end of
5
its useful life. For purposes of this definition, a commercial
6
solar energy facility shall be presumed to have reached the
7
end of its useful life if the commercial solar energy facility
8
owner fails, for a period of 6 consecutive months, to pay the
9
landowner amounts owed in accordance with the underlying
10
agreement.
11

"Agricultural impact mitigation agreement" means an
12
agreement between the commercial wind energy facility owner or
13
the commercial solar energy facility owner and the Department
14
of Agriculture described in Section 15 of this Act.
15

"Commercial renewable energy facility" means a commercial
16
wind energy facility or commercial solar energy facility as
17
defined in this Act.
18

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

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1
of the 100th General Assembly; (2) that is located on land
2
owned by the commercial solar energy facility owner; (3) that
3
was constructed before the effective date of this amendatory
4
Act of the 100th General Assembly; or (4) that is located on
5
the customer side of the customer's electric meter and is
6
primarily used to offset that customer's electricity load and
7
is limited in nameplate capacity to less than or equal to 2,000
8
kilowatts.
9

"Commercial solar energy facility owner" means a private
10
commercial enterprise that owns a commercial solar energy
11
facility. A commercial solar energy facility owner is not nor
12
shall it be deemed to be a public utility as defined in the
13
Public Utilities Act.
14

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

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1
Act; or (3) that was constructed before the effective date of
2
this Act.
3

"Commercial wind energy facility owner" means a private
4
commercial enterprise that owns or operates a commercial wind
5
energy facility. A commercial wind energy facility owner is
6
not nor shall it be deemed to be a public utility as defined in
7
the Public Utilities Act.
8

"Construction" means the installation, preparation for
9
installation, or repair of a commercial renewable energy
10
facility.
11

"County" means the county where the commercial renewable
12
energy facility is located.
13

"Deconstruction" means the removal of a commercial
14
renewable energy facility from the property of a landowner and
15
the restoration of that property as provided in the
16
agricultural impact mitigation agreement.
17

"Department" means the Department of Agriculture.
18

"Financial assurance" means a reclamation or surety bond,
19
including both performance bond obligations, and payment bond
20
obligations, or an irrevocable letter of credit, or other
21
commercially available financial assurance that is acceptable
22
to the county, with the county or landowner as beneficiary.

23

"Landowner" means any person (1) with an ownership
24
interest in property that is used for agricultural purposes
25
and (2) that is a party to an underlying agreement.
26

"Underlying agreement" means the written agreement with a

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1
landowner, including, but not limited to, an easement, option,
2
lease, or license, under the terms of which another person has
3
constructed, constructs, or intends to construct a commercial
4
wind energy facility or commercial solar energy facility on
5
the property of the landowner.
6
(Source: P.A. 99-132, eff. 7-24-15; 100-598, eff. 6-29-18.)

7

(505 ILCS 147/15)
8

Sec. 15.
Agricultural impact mitigation agreement.
9

(a) A commercial renewable energy facility owner of a
10
commercial wind energy facility or a commercial solar energy
11
facility that is located on landowner property shall enter
12
into an agricultural impact mitigation agreement with the
13
Department outlining construction and deconstruction standards
14
and policies designed to preserve the integrity of any
15
agricultural land that is impacted by commercial renewable
16
energy facility construction and deconstruction. The
17
construction and deconstruction of any commercial solar energy
18
facility shall be in conformance with the Department's
19
standard agricultural impact mitigation agreement referenced
20
in subsection (f) of this Section
and any additional standards
21
set forth by the county in which the facility is to be located
22
in accordance with subsections (j) through (j-10) of Section
23
5-12020 of the Counties Code
. Except as provided in subsection
24
(a-5) of this Section, the terms and conditions of the
25
Department's standard agricultural impact mitigation agreement

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1
are subject to and may be modified by an underlying agreement
2
between the landowner and the commercial solar energy facility
3
owner.
4

(a-5) Prior to the commencement of construction, a
5
commercial
renewable energy facility owner of a commercial
6
wind energy facility or a commercial
solar energy facility
7
owner
shall submit to the county in which the commercial solar
8
energy
facility is to be located
,
a deconstruction plan
that
9
has been prepared by a professional engineer licensed under
10
the Professional Engineering Practice Act of 1989, who has
11
been selected by the facility owner. The deconstruction plan
12
shall contain information that satisfies each of the
13
components of deconstruction as set forth in this Section, and
14
in the construction and deconstruction standards and policies
15
of the Department of Agriculture's standard wind farm
16
agricultural impact mitigation agreement, template 81818, or
17
standard solar agricultural impact mitigation agreement,
18
version 8.19.19, as applicable and in effect on December 31,
19
2022, or the most recent version of the mitigation agreements
20
if any subsequent version has been adopted after December 31,
21
2022. The county shall have its own professional engineer
22
review the deconstruction plan and either approve or deny the
23
deconstruction plan within 60 days after a complete submittal.
24
If the deconstruction plan is denied, the county shall provide
25
a written statement of the specific reasons for denial. The
26
facility owner may file a revised deconstruction plan that

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1
addresses the specific reasons that led to the denial of the
2
initial deconstruction plan. The county shall review and act
3
on any revised deconstruction plan within 30 days after it is
4
resubmitted. The facility owner shall reevaluate the estimated
5
costs of deconstruction of any facility after the fifth
6
anniversary, and every 5 years thereafter, of the commercial
7
operation date. The facility owner shall file with the county
8
on or before the end of the fifth year of commercial operation,
9
and then every fifth year thereafter, for approval by the
10
county, an updated deconstruction plan prepared by a
11
professional engineer who has been selected by the county.
12
Based on any initial evaluation or reevaluation during the
13
county approval process, the county may require changes in the
14
level of financial assurance required from the facility owner.
15
If the county is unable to perform, to its satisfaction, the
16
necessary investigations to approve the deconstruction plan
17
filed by the facility owner, then the county and facility may
18
mutually agree on the selection of a professional engineer,
19
independent of the facility owner, to conduct any necessary
20
investigations to approve the deconstruction plan. The
21
facility owner shall be responsible for the cost of the
22
preparation of the deconstruction plan by its professional
23
engineer, or any independent professional engineer, and the
24
cost of any plan reviews by the professional engineer selected
25
by the county
. A commercial solar energy facility owner shall
26
provide the county with an appropriate financial assurance

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1
mechanism consistent with the
financial requirements set forth
2
in this subsection, which shall be set forth in the Department
3
of Agriculture's

Department's
standard
wind farm
agricultural
4
impact mitigation agreement
, template 81818, or standard solar
5
agricultural impact mitigation agreement, version 8.19.19, as
6
applicable and in effect on December 31, 2022, or the most
7
recent version of the mitigation agreements if any subsequent
8
version have been adopted after December 31, 2022. The
9
financial assurance shall be sufficient to cover the estimated
10
costs of public safety or emergency repairs to the facility in
11
the event of damage to the facility caused by natural disaster
12
or by operational malfunction, and the estimated costs of
13
repairs or deconstruction of the facility in the event of
14
abandonment of the facility. The facility owner shall provide
15
the county with the initial financial assurance to cover 100%
16
of the estimated deconstruction costs prior to the commercial
17
operation date. A county may use the financial assurance
18
provided by the facility owner to cover public safety or
19
emergency repairs that are not timely addressed by the
20
facility owner, as determined by the county's designated
21
representative. If a county must use a portion of the
22
financial assurance to address any public safety or emergency
23
repairs or to deconstruct a portion of the facility, the
24
facility owner shall replenish the financial assurance for the
25
amount used within 60 days after the expenditure of the
26
financial assurance. The purpose of the financial assurance

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1
shall be

for and
to assure deconstruction in the event of an
2
abandonment of a commercial solar energy facility
or
3
commercial wind energy facility, or to cover the estimated
4
costs of public safety or emergency repairs to the facility in
5
the event of damage to the facility caused by natural disaster
6
or by operational malfunction
.
7

(b) The agricultural impact mitigation agreement for a
8
commercial wind energy facility shall include, but is not
9
limited to, such items as restoration of agricultural land
10
affected by construction, deconstruction (including upon
11
abandonment of a commercial wind energy facility)
, estimated
12
costs of public safety or emergency repairs to the facility in
13
the event of damage to the facility caused by natural disaster
14
or by operational malfunction
, construction staging, and
15
storage areas; support structures; aboveground facilities; guy
16
wires and anchors; underground cabling depth; topsoil
17
replacement; protection and repair of agricultural drainage
18
tiles; rock removal; repair of compaction and rutting; land
19
leveling; prevention of soil erosion; repair of damaged soil
20
conservation practices; compensation for damages to private
21
property; clearing of trees and brush; interference with
22
irrigation systems; access roads; weed control; pumping of
23
water from open excavations; advance notice of access to
24
private property; indemnification of landowners;
and

25
deconstruction plans and financial assurance for
26
deconstruction (including upon abandonment of a commercial

HB5477
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1
wind energy facility)
; and estimated costs of public safety or
2
emergency repairs to the facility in the event of damage to the
3
facility caused by natural disaster or by operational
4
malfunction
.
5

(b-5) The agricultural impact mitigation agreement for a
6
commercial solar energy facility shall include, but is not
7
limited to, such items as restoration of agricultural land
8
affected by construction, deconstruction (including upon
9
abandonment of a commercial solar energy facility);
the
10
estimated costs of public safety or emergency repairs to the
11
facility in the event of damage to the facility caused by
12
natural disaster or by operational malfunction;
support
13
structures; aboveground facilities; guy wires and anchors;
14
underground cabling depth; topsoil removal and replacement;
15
rerouting and permanent repair of agricultural drainage tiles;
16
rock removal; repair of compaction and rutting; construction
17
during wet weather; land leveling; prevention of soil erosion;
18
repair of damaged soil conservation practices; compensation
19
for damages to private property; clearing of trees and brush;
20
access roads; weed control; advance notice of access to
21
private property; indemnification of landowners; and
22
deconstruction plans and financial assurance for
23
deconstruction (including upon abandonment of a commercial
24
solar energy facility)
; and the estimated costs of public
25
safety or emergency repairs to the facility in the event of
26
damage to the facility caused by natural disaster or by

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1
operational malfunction
. The commercial solar energy facility
2
owner shall enter into one agricultural impact mitigation
3
agreement for each commercial solar energy facility.
4

(c) For commercial wind energy facility owners seeking a
5
permit from a county or municipality for the construction of a
6
commercial wind energy facility, the agricultural impact
7
mitigation agreement shall be entered into prior to the public
8
hearing required prior to a siting decision of a county or
9
municipality regarding the commercial wind energy facility.
10
The agricultural impact mitigation agreement is binding on any
11
subsequent commercial wind energy facility owner that takes
12
ownership of the commercial wind energy facility that is the
13
subject of the agreement.
14

(c-5) A commercial solar energy facility owner shall, not
15
less than 45 days prior to commencement of actual
16
construction, submit to the Department a standard agricultural
17
impact mitigation agreement as referenced in subsection (f) of
18
this Section signed by the commercial solar energy facility
19
owner and including all information required by the
20
Department. The commercial solar energy facility owner shall
21
provide either a copy of that submitted agreement or a copy of
22
the fully executed project-specific agricultural impact
23
mitigation agreement to the landowner not less than 30 days
24
prior to the commencement of construction. The agricultural
25
impact mitigation agreement is binding on any subsequent
26
commercial solar energy facility owner that takes ownership of

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1
the commercial solar energy facility that is the subject of
2
the agreement.
3

(d) If a commercial renewable energy facility owner seeks
4
an extension of a permit granted by a county or municipality
5
for the construction of a commercial wind energy facility
6
prior to the effective date of this Act, the agricultural
7
impact mitigation agreement shall be entered into prior to a
8
decision by the county or municipality to grant the permit
9
extension.
10

(e) The Department may adopt rules that are necessary and
11
appropriate for the implementation and administration of
12
agricultural impact mitigation agreements as required under
13
this Act.
14

(f) The Department shall make available on its website a
15
standard agricultural impact mitigation agreement applicable
16
to all commercial solar energy facilities within 60 days after
17
the effective date of this amendatory Act of the 100th General
18
Assembly.
The standard agricultural impact mitigation
19
agreements shall be amended as needed to conform with the
20
financial assurance procedures and requirements under
21
subsection (j) through (j-10) of Section 5-12020 of the
22
Counties Code.

23

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

HB5477
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1
entered into prior to the effective date of this amendatory
2
Act of the 100th General Assembly.
3
(Source: P.A. 99-132, eff. 7-24-15; 100-598, eff. 6-29-18.)

4

Section 95.
No acceleration or delay.
Where this Act makes
5
changes in a statute that is represented in this Act by text
6
that is not yet or no longer in effect (for example, a Section
7
represented by multiple versions), the use of that text does
8
not accelerate or delay the taking effect of (i) the changes
9
made by this Act or (ii) provisions derived from any other
10
Public Act.

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