AGRIVOLTAIC SYSTEMS

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104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
SB2958

Introduced 1/27/2026, by Sen. David Koehler

SYNOPSIS AS INTRODUCED:

20 ILCS 3855/1-10
220 ILCS 5/3-128 new

Amends the Illinois Power Agency Act and the Public Utilities Act.
Provides that "agrivoltaic system" means a ground-mounted photovoltaic
solar energy system that meets the following criteria: (1) the applicable
farm plan and the system have been intentionally designed with
agricultural producers, agrivoltaics experts, or both agricultural
producers and agrivoltaics experts; (2) the system is constructed,
installed, and operated to achieve an integrated and simultaneous
production of both solar energy and current or future marketable
agricultural products, including all products and activities described in
the definition of "production agriculture" in the Use Tax Act and apiaries
if the apiary is paired with another qualifying marketable agricultural
product, by an agricultural producer; (3) the agricultural production of
the system occur on land beneath or between rows of solar panels; and (4)
the agricultural production of the system begins as soon as agronomically
feasible and optimal for the agricultural producer after the commercial
operation date of the solar panels and continues until decommissioning.
Provides that "agrivoltaic system" does not include a system that has a
pollinator habitat as the sole dual use of the system.
LRB104 17265 AAS 30687 b

A BILL FOR

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AN ACT concerning regulation.

2

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

4

Section 5.
The Illinois Power Agency Act is amended by
5
changing Section 1-10 as follows:

6

(20 ILCS 3855/1-10)
7

Sec. 1-10.
Definitions.
8

"Agency" means the Illinois Power Agency.
9

"Agency loan agreement" means any agreement pursuant to
10
which the Illinois Finance Authority agrees to loan the
11
proceeds of revenue bonds issued with respect to a project to
12
the Agency upon terms providing for loan repayment
13
installments at least sufficient to pay when due all principal
14
of, interest and premium, if any, on those revenue bonds, and
15
providing for maintenance, insurance, and other matters in
16
respect of the project.
17

"Agrivoltaic system" means a ground-mounted photovoltaic
18
solar energy system that meets the following criteria:
19

(1) the applicable farm plan and the system have been
20

intentionally designed with agricultural producers,
21

agrivoltaics experts, or both agricultural producers and
22

agrivoltaics experts;
23

(2) the system is constructed, installed, and operated

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to achieve an integrated and simultaneous production of
2

both solar energy and current or future marketable
3

agricultural products, including all products and
4

activities described in Section 3-35 of the Use Tax Act
5

and apiaries if the apiary is paired with another
6

qualifying marketable agricultural product, by an
7

agricultural producer;
8

(3) the agricultural production of the system occurs
9

on land beneath or between rows of solar panels; and
10

(4) the agricultural production of the system begins
11

as soon as agronomically feasible and optimal for the
12

agricultural producer after the commercial operation date
13

of the solar panels and continues until decommissioning.
14

"Agrivoltaic system" does not include a system that has a
15
pollinator habitat as the sole dual use of the system.
16

"Authority" means the Illinois Finance Authority.
17

"Brownfield site photovoltaic project" means photovoltaics
18
that are either:
19

(1) interconnected to an electric utility as defined
20

in this Section, a municipal utility as defined in this
21

Section, a public utility as defined in Section 3-105 of
22

the Public Utilities Act, or an electric cooperative as
23

defined in Section 3-119 of the Public Utilities Act and
24

located at a site that is regulated by any of the following
25

entities under the following programs:
26

(A) the United States Environmental Protection

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Agency under the federal Comprehensive Environmental
2

Response, Compensation, and Liability Act of 1980, as
3

amended;
4

(B) the United States Environmental Protection
5

Agency under the Corrective Action Program of the
6

federal Resource Conservation and Recovery Act, as
7

amended;
8

(C) the Illinois Environmental Protection Agency
9

under the Illinois Site Remediation Program; or
10

(D) the Illinois Environmental Protection Agency
11

under the Illinois Solid Waste Program; or
12

(2) located at the site of a coal mine that has
13

permanently ceased coal production, permanently halted any
14

re-mining operations, and is no longer accepting any coal
15

combustion residues; has both completed all clean-up and
16

remediation obligations under the federal Surface Mining
17

and Reclamation Act of 1977 and all applicable Illinois
18

rules and any other clean-up, remediation, or ongoing
19

monitoring to safeguard the health and well-being of the
20

people of the State of Illinois, as well as demonstrated
21

compliance with all applicable federal and State
22

environmental rules and regulations, including, but not
23

limited, to 35 Ill. Adm. Code Part 845 and any rules for
24

historic fill of coal combustion residuals, including any
25

rules finalized in Subdocket A of Illinois Pollution
26

Control Board docket R2020-019.

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"Clean coal facility" means an electric generating
2
facility that uses primarily coal as a feedstock and that
3
captures and sequesters carbon dioxide emissions at the
4
following levels: at least 50% of the total carbon dioxide
5
emissions that the facility would otherwise emit if, at the
6
time construction commences, the facility is scheduled to
7
commence operation before 2016, at least 70% of the total
8
carbon dioxide emissions that the facility would otherwise
9
emit if, at the time construction commences, the facility is
10
scheduled to commence operation during 2016 or 2017, and at
11
least 90% of the total carbon dioxide emissions that the
12
facility would otherwise emit if, at the time construction
13
commences, the facility is scheduled to commence operation
14
after 2017. The power block of the clean coal facility shall
15
not exceed allowable emission rates for sulfur dioxide,
16
nitrogen oxides, carbon monoxide, particulates and mercury for
17
a natural gas-fired combined-cycle facility the same size as
18
and in the same location as the clean coal facility at the time
19
the clean coal facility obtains an approved air permit. All
20
coal used by a clean coal facility shall have high volatile
21
bituminous rank and greater than 1.7 pounds of sulfur per
22
million Btu content, unless the clean coal facility does not
23
use gasification technology and was operating as a
24
conventional coal-fired electric generating facility on June
25
1, 2009 (the effective date of Public Act 95-1027).
26

"Clean coal SNG brownfield facility" means a facility that

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(1) has commenced construction by July 1, 2015 on an urban
2
brownfield site in a municipality with at least 1,000,000
3
residents; (2) uses a gasification process to produce
4
substitute natural gas; (3) uses coal as at least 50% of the
5
total feedstock over the term of any sourcing agreement with a
6
utility and the remainder of the feedstock may be either
7
petroleum coke or coal, with all such coal having a high
8
bituminous rank and greater than 1.7 pounds of sulfur per
9
million Btu content unless the facility reasonably determines
10
that it is necessary to use additional petroleum coke to
11
deliver additional consumer savings, in which case the
12
facility shall use coal for at least 35% of the total feedstock
13
over the term of any sourcing agreement; and (4) captures and
14
sequesters at least 85% of the total carbon dioxide emissions
15
that the facility would otherwise emit.
16

"Clean coal SNG facility" means a facility that uses a
17
gasification process to produce substitute natural gas, that
18
sequesters at least 90% of the total carbon dioxide emissions
19
that the facility would otherwise emit, that uses at least 90%
20
coal as a feedstock, with all such coal having a high
21
bituminous rank and greater than 1.7 pounds of sulfur per
22
million Btu content, and that has a valid and effective permit
23
to construct emission sources and air pollution control
24
equipment and approval with respect to the federal regulations
25
for Prevention of Significant Deterioration of Air Quality
26
(PSD) for the plant pursuant to the federal Clean Air Act;

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provided, however, a clean coal SNG brownfield facility shall
2
not be a clean coal SNG facility.
3

"Clean energy" means energy generation that is 90% or
4
greater free of carbon dioxide emissions.
5

"Commission" means the Illinois Commerce Commission.
6

"Community renewable generation project" means an electric
7
generating facility that:
8

(1) is powered by wind, solar thermal energy,
9

photovoltaic cells or panels, biodiesel, crops and
10

untreated and unadulterated organic waste biomass, and
11

hydropower that does not involve new construction of dams;
12

(2) is interconnected at the distribution system level
13

of an electric utility as defined in this Section, a
14

municipal utility as defined in this Section that owns or
15

operates electric distribution facilities, a public
16

utility as defined in Section 3-105 of the Public
17

Utilities Act, or an electric cooperative, as defined in
18

Section 3-119 of the Public Utilities Act;
19

(3) credits the value of electricity generated by the
20

facility to the subscribers of the facility; and
21

(4) is limited in nameplate capacity to less than or
22

equal to 5,000 kilowatts.
23

"Costs incurred in connection with the development and
24
construction of a facility" means:
25

(1) the cost of acquisition of all real property,
26

fixtures, and improvements in connection therewith and

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equipment, personal property, and other property, rights,
2

and easements acquired that are deemed necessary for the
3

operation and maintenance of the facility;
4

(2) financing costs with respect to bonds, notes, and
5

other evidences of indebtedness of the Agency;
6

(3) all origination, commitment, utilization,
7

facility, placement, underwriting, syndication, credit
8

enhancement, and rating agency fees;
9

(4) engineering, design, procurement, consulting,
10

legal, accounting, title insurance, survey, appraisal,
11

escrow, trustee, collateral agency, interest rate hedging,
12

interest rate swap, capitalized interest, contingency, as
13

required by lenders, and other financing costs, and other
14

expenses for professional services; and
15

(5) the costs of plans, specifications, site study and
16

investigation, installation, surveys, other Agency costs
17

and estimates of costs, and other expenses necessary or
18

incidental to determining the feasibility of any project,
19

together with such other expenses as may be necessary or
20

incidental to the financing, insuring, acquisition, and
21

construction of a specific project and starting up,
22

commissioning, and placing that project in operation.
23

"Delivery services" has the same definition as found in
24
Section 16-102 of the Public Utilities Act.
25

"Delivery year" means the consecutive 12-month period
26
beginning June 1 of a given year and ending May 31 of the

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following year.
2

"Department" means the Department of Commerce and Economic
3
Opportunity.
4

"Director" means the Director of the Illinois Power
5
Agency.
6

"Demand-response" means measures that decrease peak
7
electricity demand or shift demand from peak to off-peak
8
periods.
9

"Distributed renewable energy generation device" means a
10
device that is:
11

(1) powered by wind, solar thermal energy,
12

photovoltaic cells or panels, biodiesel, crops and
13

untreated and unadulterated organic waste biomass, tree
14

waste, and hydropower that does not involve new
15

construction of dams, waste heat to power systems, or
16

qualified combined heat and power systems;
17

(2) interconnected at the distribution system level of
18

either an electric utility as defined in this Section, a
19

municipal utility as defined in this Section that owns or
20

operates electric distribution facilities, or a rural
21

electric cooperative as defined in Section 3-119 of the
22

Public Utilities Act;
23

(3) located on the customer side of the customer's
24

electric meter and is primarily used to offset that
25

customer's electricity load; and
26

(4) (blank).

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"Energy efficiency" means measures that reduce the amount
2
of electricity or natural gas consumed in order to achieve a
3
given end use. "Energy efficiency" includes voltage
4
optimization measures that optimize the voltage at points on
5
the electric distribution voltage system and thereby reduce
6
electricity consumption by electric customers' end use
7
devices. "Energy efficiency" also includes measures that
8
reduce the total Btus of electricity, natural gas, and other
9
fuels needed to meet the end use or uses.
10

"Electric utility" has the same definition as found in
11
Section 16-102 of the Public Utilities Act.
12

"Equity investment eligible community" or "eligible
13
community" are synonymous and mean the geographic areas
14
throughout Illinois which would most benefit from equitable
15
investments by the State designed to combat discrimination.
16
Specifically, the eligible communities shall be defined as the
17
following areas:
18

(1) R3 Areas as established pursuant to Section 10-40
19

of the Cannabis Regulation and Tax Act, where residents
20

have historically been excluded from economic
21

opportunities, including opportunities in the energy
22

sector; and
23

(2) environmental justice communities, as defined by
24

the Illinois Power Agency pursuant to the Illinois Power
25

Agency Act, where residents have historically been subject
26

to disproportionate burdens of pollution, including

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pollution from the energy sector.
2

"Equity eligible persons" or "eligible persons" means
3
persons who would most benefit from equitable investments by
4
the State designed to combat discrimination, specifically:
5

(1) persons who graduate from or are current or former
6

participants in the Clean Jobs Workforce Network Program,
7

the Clean Energy Contractor Incubator Program, the
8

Illinois Climate Works Preapprenticeship Program,
9

Returning Residents Clean Jobs Training Program, or the
10

Clean Energy Primes Contractor Accelerator Program, and
11

the solar training pipeline and multi-cultural jobs
12

program created in paragraphs (a)(1) and (a)(3) of Section
13

16-208.12 of the Public Utilities Act;
14

(2) persons who are graduates of or currently enrolled
15

in the foster care system;
16

(3) persons who were formerly incarcerated;
17

(4) persons whose primary residence is in an equity
18

investment eligible community.
19

"Equity eligible contractor" means a business that is
20
majority-owned by eligible persons, or a nonprofit or
21
cooperative that is majority-governed by eligible persons, or
22
is a natural person that is an eligible person offering
23
personal services as an independent contractor.
24

"Facility" means an electric generating unit or a
25
co-generating unit that produces electricity along with
26
related equipment necessary to connect the facility to an

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electric transmission or distribution system.
2

"General contractor" means the entity or organization with
3
main responsibility for the building of a construction project
4
and who is the party signing the prime construction contract
5
for the project.
6

"Governmental aggregator" means one or more units of local
7
government that individually or collectively procure
8
electricity to serve residential retail electrical loads
9
located within its or their jurisdiction.
10

"High voltage direct current converter station" means the
11
collection of equipment that converts direct current energy
12
from a high voltage direct current transmission line into
13
alternating current using Voltage Source Conversion technology
14
and that is interconnected with transmission or distribution
15
assets located in Illinois.
16

"High voltage direct current renewable energy credit"
17
means a renewable energy credit associated with a renewable
18
energy resource where the renewable energy resource has
19
entered into a contract to transmit the energy associated with
20
such renewable energy credit over high voltage direct current
21
transmission facilities.
22

"High voltage direct current transmission facilities"
23
means the collection of installed equipment that converts
24
alternating current energy in one location to direct current
25
and transmits that direct current energy to a high voltage
26
direct current converter station using Voltage Source

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Conversion technology. "High voltage direct current
2
transmission facilities" includes the high voltage direct
3
current converter station itself and associated high voltage
4
direct current transmission lines. Notwithstanding the
5
preceding, after September 15, 2021 (the effective date of
6
Public Act 102-662), an otherwise qualifying collection of
7
equipment does not qualify as high voltage direct current
8
transmission facilities unless its developer entered into a
9
project labor agreement, is capable of transmitting
10
electricity at 525kv with an Illinois converter station
11
located and interconnected in the region of the PJM
12
Interconnection, LLC, and the system does not operate as a
13
public utility, as that term is defined in Section 3-105 of the
14
Public Utilities Act.
15

"Hydropower" means any method of electricity generation or
16
storage that results from the flow of water, including
17
impoundment facilities, diversion facilities, and pumped
18
storage facilities.
19

"Index price" means the real-time energy settlement price
20
at the applicable Illinois trading hub, such as PJM-NIHUB or
21
MISO-IL, for a given settlement period.
22

"Indexed renewable energy credit" means a tradable credit
23
that represents the environmental attributes of one megawatt
24
hour of energy produced from a renewable energy resource, the
25
price of which shall be calculated by subtracting the strike
26
price offered by a new utility-scale wind project or a new

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utility-scale photovoltaic project from the index price in a
2
given settlement period.
3

"Indexed renewable energy credit counterparty" has the
4
same meaning as "public utility" as defined in Section 3-105
5
of the Public Utilities Act.
6

"Local government" means a unit of local government as
7
defined in Section 1 of Article VII of the Illinois
8
Constitution.
9

"Modernized" or "retooled" means the construction, repair,
10
maintenance, or significant expansion of turbines and existing
11
hydropower dams.
12

"Municipality" means a city, village, or incorporated
13
town.
14

"Municipal utility" means a public utility owned and
15
operated by any subdivision or municipal corporation of this
16
State.
17

"Nameplate capacity" means the aggregate inverter
18
nameplate capacity in kilowatts AC.
19

"Person" means any natural person, firm, partnership,
20
corporation, either domestic or foreign, company, association,
21
limited liability company, joint stock company, or association
22
and includes any trustee, receiver, assignee, or personal
23
representative thereof.
24

"Project" means the planning, bidding, and construction of
25
a facility.
26

"Project labor agreement" means a pre-hire collective

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bargaining agreement that covers all terms and conditions of
2
employment on a specific construction project and must include
3
the following:
4

(1) provisions establishing the minimum hourly wage
5

for each class of labor organization employee;
6

(2) provisions establishing the benefits and other
7

compensation for each class of labor organization
8

employee;
9

(3) provisions establishing that no strike or disputes
10

will be engaged in by the labor organization employees;
11

(4) provisions establishing that no lockout or
12

disputes will be engaged in by the general contractor
13

building the project; and
14

(5) provisions for minorities and women, as defined
15

under the Business Enterprise for Minorities, Women, and
16

Persons with Disabilities Act, setting forth goals for
17

apprenticeship hours to be performed by minorities and
18

women and setting forth goals for total hours to be
19

performed by underrepresented minorities and women.
20

A labor organization and the general contractor building
21
the project shall have the authority to include other terms
22
and conditions as they deem necessary.
23

"Public utility" has the same definition as found in
24
Section 3-105 of the Public Utilities Act.
25

"Qualified combined heat and power systems" means systems
26
that, either simultaneously or sequentially, produce

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electricity and useful thermal energy from a single fuel
2
source. Such systems are eligible for "renewable energy
3
credits" in an amount equal to its total energy output where a
4
renewable fuel is consumed or in an amount equal to the net
5
reduction in nonrenewable fuel consumed on a total energy
6
output basis.
7

"Real property" means any interest in land together with
8
all structures, fixtures, and improvements thereon, including
9
lands under water and riparian rights, any easements,
10
covenants, licenses, leases, rights-of-way, uses, and other
11
interests, together with any liens, judgments, mortgages, or
12
other claims or security interests related to real property.
13

"Renewable energy credit" means a tradable credit that
14
represents the environmental attributes of one megawatt hour
15
of energy produced from a renewable energy resource.
16

"Renewable energy resources" includes energy and its
17
associated renewable energy credit or renewable energy credits
18
from wind, solar thermal energy, photovoltaic cells and
19
panels, biodiesel, anaerobic digestion, crops and untreated
20
and unadulterated organic waste biomass, and hydropower that
21
does not involve new construction of dams, waste heat to power
22
systems, or qualified combined heat and power systems. For
23
purposes of this Act, landfill gas produced in the State is
24
considered a renewable energy resource. "Renewable energy
25
resources" does not include the incineration or burning of
26
tires, garbage, general household, institutional, and

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commercial waste, industrial lunchroom or office waste,
2
landscape waste, railroad crossties, utility poles, or
3
construction or demolition debris, other than untreated and
4
unadulterated waste wood. "Renewable energy resources" also
5
includes high voltage direct current renewable energy credits
6
and the associated energy converted to alternating current by
7
a high voltage direct current converter station to the extent
8
that: (1) the generator of such renewable energy resource
9
contracted with a third party to transmit the energy over the
10
high voltage direct current transmission facilities, and (2)
11
the third-party contracting for delivery of renewable energy
12
resources over the high voltage direct current transmission
13
facilities have ownership rights over the unretired associated
14
high voltage direct current renewable energy credit.
15

"Retail customer" has the same definition as found in
16
Section 16-102 of the Public Utilities Act.
17

"Revenue bond" means any bond, note, or other evidence of
18
indebtedness issued by the Authority, the principal and
19
interest of which is payable solely from revenues or income
20
derived from any project or activity of the Agency.
21

"Sequester" means permanent storage of carbon dioxide by
22
injecting it into a saline aquifer, a depleted gas reservoir,
23
or an oil reservoir, directly or through an enhanced oil
24
recovery process that may involve intermediate storage,
25
regardless of whether these activities are conducted by a
26
clean coal facility, a clean coal SNG facility, a clean coal

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1
SNG brownfield facility, or a party with which a clean coal
2
facility, clean coal SNG facility, or clean coal SNG
3
brownfield facility has contracted for such purposes.
4

"Service area" has the same definition as found in Section
5
16-102 of the Public Utilities Act.
6

"Settlement period" means the period of time utilized by
7
MISO and PJM and their successor organizations as the basis
8
for settlement calculations in the real-time energy market.
9

"Sourcing agreement" means (i) in the case of an electric
10
utility, an agreement between the owner of a clean coal
11
facility and such electric utility, which agreement shall have
12
terms and conditions meeting the requirements of paragraph (3)
13
of subsection (d) of Section 1-75, (ii) in the case of an
14
alternative retail electric supplier, an agreement between the
15
owner of a clean coal facility and such alternative retail
16
electric supplier, which agreement shall have terms and
17
conditions meeting the requirements of Section 16-115(d)(5) of
18
the Public Utilities Act, and (iii) in case of a gas utility,
19
an agreement between the owner of a clean coal SNG brownfield
20
facility and the gas utility, which agreement shall have the
21
terms and conditions meeting the requirements of subsection
22
(h-1) of Section 9-220 of the Public Utilities Act.
23

"Strike price" means a contract price for energy and
24
renewable energy credits from a new utility-scale wind project
25
or a new utility-scale photovoltaic project.
26

"Subscriber" means a person who (i) takes delivery service

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from an electric utility, and (ii) has a subscription of no
2
less than 200 watts to a community renewable generation
3
project that is located in the electric utility's service
4
area. No subscriber's subscriptions may total more than 40% of
5
the nameplate capacity of an individual community renewable
6
generation project. Entities that are affiliated by virtue of
7
a common parent shall not represent multiple subscriptions
8
that total more than 40% of the nameplate capacity of an
9
individual community renewable generation project.
10

"Subscription" means an interest in a community renewable
11
generation project expressed in kilowatts, which is sized
12
primarily to offset part or all of the subscriber's
13
electricity usage.
14

"Substitute natural gas" or "SNG" means a gas manufactured
15
by gasification of hydrocarbon feedstock, which is
16
substantially interchangeable in use and distribution with
17
conventional natural gas.
18

"Total resource cost test" or "TRC test" means a standard
19
that is met if, for an investment in energy efficiency or
20
demand-response measures, the benefit-cost ratio is greater
21
than one. The benefit-cost ratio is the ratio of the net
22
present value of the total benefits of the program to the net
23
present value of the total costs as calculated over the
24
lifetime of the measures. A total resource cost test compares
25
the sum of avoided electric utility costs, representing the
26
benefits that accrue to the system and the participant in the

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1
delivery of those efficiency measures and including avoided
2
costs associated with reduced use of natural gas or other
3
fuels, avoided costs associated with reduced water
4
consumption, and avoided costs associated with reduced
5
operation and maintenance costs, as well as other quantifiable
6
societal benefits, to the sum of all incremental costs of
7
end-use measures that are implemented due to the program
8
(including both utility and participant contributions), plus
9
costs to administer, deliver, and evaluate each demand-side
10
program, to quantify the net savings obtained by substituting
11
the demand-side program for supply resources. In calculating
12
avoided costs of power and energy that an electric utility
13
would otherwise have had to acquire, reasonable estimates
14
shall be included of financial costs likely to be imposed by
15
future regulations and legislation on emissions of greenhouse
16
gases. In discounting future societal costs and benefits for
17
the purpose of calculating net present values, a societal
18
discount rate based on actual, long-term Treasury bond yields
19
should be used. Notwithstanding anything to the contrary, the
20
TRC test shall not include or take into account a calculation
21
of market price suppression effects or demand reduction
22
induced price effects.
23

"Utility-scale solar project" means an electric generating
24
facility that:
25

(1) generates electricity using photovoltaic cells;
26

and

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1

(2) has a nameplate capacity that is greater than
2

5,000 kilowatts.
3

"Utility-scale wind project" means an electric generating
4
facility that:
5

(1) generates electricity using wind; and
6

(2) has a nameplate capacity that is greater than
7

5,000 kilowatts.
8

"Waste Heat to Power Systems" means systems that capture
9
and generate electricity from energy that would otherwise be
10
lost to the atmosphere without the use of additional fuel.
11

"Zero emission credit" means a tradable credit that
12
represents the environmental attributes of one megawatt hour
13
of energy produced from a zero emission facility.
14

"Zero emission facility" means a facility that: (1) is
15
fueled by nuclear power; and (2) is interconnected with PJM
16
Interconnection, LLC or the Midcontinent Independent System
17
Operator, Inc., or their successors.
18
(Source: P.A. 102-662, eff. 9-15-21; 103-154, eff. 6-28-23;
19
103-380, eff. 1-1-24
.)

20

Section 10.
The Public Utilities Act is amended by adding
21
Section 3-128 as follows:

22

(220 ILCS 5/3-128 new)
23

Sec. 3-128.
Agrivoltaic system.

24

"Agrivoltaic system" means a ground-mounted photovoltaic

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1
solar energy system that meets the following criteria:
2

(1) the applicable farm plan and the system have been
3

intentionally designed with agricultural producers or
4

agrivoltaics experts;
5

(2) the system is constructed, installed, and operated
6

to achieve an integrated and simultaneous production of
7

both solar energy and current or future marketable
8

agricultural products, including all products and
9

activities described in Section 3-35 of the Use Tax Act
10

and apiaries if the apiary is paired with another
11

qualifying marketable agricultural product, by an
12

agricultural producer;
13

(3) the agricultural production of the system occurs
14

on land beneath or between rows of solar panels; and
15

(4) the agricultural production of the system begins
16

as soon as agronomically feasible and optimal for the
17

agricultural producer after the commercial operation date
18

of the solar panels and continues until decommissioning.
19

"Agrivoltaic system" does not include a system that has a
20
pollinator habitat as the sole dual use of the system.

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