COUNTY WIND/SOLAR REGULATION

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104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
SB3585

Introduced 2/5/2026, by Sen. Sue Rezin

SYNOPSIS AS INTRODUCED:

55 ILCS 5/5-12020
55 ILCS 5/5-12024

Amends the Counties Code. Provides that a county may not approve the
siting of a commercial wind energy facility, a commercial solar energy
facility, an energy storage facility, or a combination thereof in an
unincorporated area that is located within a 3-mile radius of a
municipality, if: (1) the municipality has not approved the siting of the
facility or facilities at that location; (2) the county board or the
corporate authorities of the municipality have determined that any portion
of the facility or facilities will be located on land with a Soil
Productivity Index that is greater than or equal to 90; or (3) the county
board or the corporate authorities of the municipality have determined
that the owners or operators of the facility or facilities have failed to
comply with one or more National Pollutant Discharge Elimination System
(NPDES) requirements for the site. Provides that the provisions apply
regardless of whether the municipality has adopted zoning ordinances or is
regulating wind farms and electric-generating wind devices under specified
provisions of the Illinois Municipal Code. Requires each commercial solar
energy facility to have the minimum number of fire hydrants required by
ordinances governing the servicing fire department or fire protection
district or, if there are no requirements by ordinances governing the
servicing fire department or fire protection district, then the minimum
number required by the county board. Allows a county to require a
commercial solar energy facility to be sited at least 500 feet to the
nearest point on the property line of the nonparticipating zoned
residential. Provides that a county shall require an energy storage system
to be sited at least 500 feet to the nearest point on the property line of
the nonparticipating zoned residential. Effective January 1, 2027.
LRB104 18639 RTM 32082 b

A BILL FOR

SB3585
LRB104 18639 RTM 32082 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
Sections 5-12020 and 5-12024 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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"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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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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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

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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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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

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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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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

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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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LRB104 18639 RTM 32082 b
1

"Commercial solar energy facility" means a "commercial
2
solar energy system" as defined in Section 10-720 of the
3
Property Tax Code. "Commercial solar energy facility" does not
4
mean a utility-scale solar energy facility being constructed
5
at a site that was eligible to participate in a procurement
6
event conducted by the Illinois Power Agency pursuant to
7
subsection (c-5) of Section 1-75 of the Illinois Power Agency
8
Act.
9

"Commercial wind energy facility" means a wind energy
10
conversion facility of equal or greater than 500 kilowatts in
11
total nameplate generating capacity. "Commercial wind energy
12
facility" includes a wind energy conversion facility seeking
13
an extension of a permit to construct granted by a county or
14
municipality before January 27, 2023 (the effective date of
15
Public Act 102-1123).
16

"Facility owner" means (i) a person with a direct
17
ownership interest in a commercial wind energy facility or a
18
commercial solar energy facility, or both, regardless of
19
whether the person is involved in acquiring the necessary
20
rights, permits, and approvals or otherwise planning for the
21
construction and operation of the facility, and (ii) at the
22
time the facility is being developed, a person who is acting as
23
a developer of the facility by acquiring the necessary rights,
24
permits, and approvals or by planning for the construction and
25
operation of the facility, regardless of whether the person
26
will own or operate the facility.

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"Nonparticipating property" means real property that is
2
not a participating property.
3

"Nonparticipating residence" means a residence that is
4
located on nonparticipating 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

"Occupied community building" means any one or more of the
9
following buildings that is existing and occupied on the date
10
that the application for a permit to develop the commercial
11
wind energy facility or the commercial solar energy facility
12
is filed with the county: a school, place of worship, day care
13
facility, public library, or community center.
14

"Participating property" means real property that is the
15
subject of a written agreement between a facility owner and
16
the owner of the real property that provides the facility
17
owner an easement, option, lease, or license to use the real
18
property for the purpose of constructing a commercial wind
19
energy facility, a commercial solar energy facility, or
20
supporting facilities. "Participating property" also includes
21
real property that is owned by a facility owner for the purpose
22
of constructing a commercial wind energy facility, a
23
commercial solar energy facility, or supporting facilities.
24

"Participating residence" means a residence that is
25
located on participating property and that is existing and
26
occupied on the date that an application for a permit to

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develop the commercial wind energy facility or the commercial
2
solar energy facility is filed with the county.
3

"Protected lands" means real property that is:
4

(1) subject to a permanent conservation right
5

consistent with the Real Property Conservation Rights Act;
6

or
7

(2) registered or designated as a nature preserve,
8

buffer, or land and water reserve under the Illinois
9

Natural Areas Preservation Act.
10

"Supporting facilities" means the transmission lines,
11
substations, access roads, meteorological towers, storage
12
containers, and equipment associated with the generation and
13
storage of electricity by the commercial wind energy facility
14
or commercial solar energy facility. "Supporting facilities"
15
includes energy storage systems capable of absorbing energy
16
and storing it for use at a later time, including, but not
17
limited to, batteries and other electrochemical and
18
electromechanical technologies or systems.
19

"Wind tower" includes the wind turbine tower, nacelle, and
20
blades.
21

(b) Notwithstanding any other provision of law or whether
22
the county has formed a zoning commission and adopted formal
23
zoning under Section 5-12007, a county may establish standards
24
for commercial wind energy facilities, commercial solar energy
25
facilities, or both. The standards may include all of the
26
requirements specified in this Section but may not include

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requirements for commercial wind energy facilities or
2
commercial solar energy facilities that are more restrictive
3
than specified in this Section. A county may also regulate the
4
siting of commercial wind energy facilities with standards
5
that are not more restrictive than the requirements specified
6
in this Section in unincorporated areas of the county that are
7
outside the zoning jurisdiction of a municipality and that are
8
outside the 1.5-mile radius surrounding the zoning
9
jurisdiction of a municipality. A county may also regulate the
10
siting of commercial solar energy facilities with standards
11
that are not more restrictive than the requirements specified
12
in this Section in unincorporated areas of the county that are
13
outside of the zoning jurisdiction of a municipality.
14

(b-5) A county may not approve the siting of a commercial
15
wind energy facility, a commercial solar energy facility, an
16
energy storage facility, or a combination thereof in an
17
unincorporated area that is located within a 3-mile radius of
18
a municipality, if:
19

(1) the municipality has not approved the siting of
20

the facility or facilities at that location;
21

(2) the county board or the corporate authorities of
22

the municipality have determined that any portion of the
23

facility or facilities will be located on land with a Soil
24

Productivity Index that is greater than or equal to 90; or
25

(3) the county board or the corporate authorities of
26

the municipality have determined that the owners or

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operators of the facility or facilities have failed to
2

comply with one or more National Pollutant Discharge
3

Elimination System (NPDES) requirements for the site.
4

This subsection applies regardless of whether the
5
municipality has adopted zoning ordinances under Division 13
6
of Article 11 of the Illinois Municipal Code or is regulating
7
wind farms and electric-generating wind devices under Section
8
11-13-26 of the Illinois Municipal Code.

9

(c) If a county has elected to establish standards under
10
subsection (b), before the county grants siting approval or a
11
special use permit for a commercial wind energy facility or a
12
commercial solar energy facility, or modification of an
13
approved siting or special use permit, the county board of the
14
county in which the facility is to be sited or the zoning board
15
of appeals for the county shall hold at least one public
16
hearing. The public hearing shall be conducted in accordance
17
with the Open Meetings Act and shall conclude not more than 60
18
days after the filing of the application for the facility. The
19
county shall allow interested parties to a special use permit
20
an opportunity to present evidence and to cross-examine
21
witnesses at the hearing, but the county may impose reasonable
22
restrictions on the public hearing, including reasonable time
23
limitations on the presentation of evidence and the
24
cross-examination of witnesses. The county shall also allow
25
public comment at the public hearing in accordance with the
26
Open Meetings Act. The county shall make its siting and

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permitting decisions not more than 30 days after the
2
conclusion of the public hearing. Notice of the hearing shall
3
be published in a newspaper of general circulation in the
4
county. A facility owner must enter into an agricultural
5
impact mitigation agreement with the Department of Agriculture
6
prior to the date of the required public hearing. A commercial
7
wind energy facility owner seeking an extension of a permit
8
granted by a county prior to July 24, 2015 (the effective date
9
of Public Act 99-132) must enter into an agricultural impact
10
mitigation agreement with the Department of Agriculture prior
11
to a decision by the county to grant the permit extension.
12
Counties may allow test wind towers or test solar energy
13
systems to be sited without formal approval by the county
14
board.
15

(d) A county with an existing zoning ordinance in conflict
16
with this Section shall amend that zoning ordinance to be in
17
compliance with this Section within 120 days after January 27,
18
2023 (the effective date of Public Act 102-1123).
19

(e) A county may require:
20

(1) a wind tower of a commercial wind energy facility
21

to be sited as follows, with setback distances measured
22

from the center of the base of the wind tower:

23
Setback Description Setback Distance

24
Occupied Community 2.1 times the maximum blade tip

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Buildings height of the wind tower to the
2
nearest point on the outside
3
wall of the structure

4
Participating Residences 1.1 times the maximum blade tip
5
height of the wind tower to the
6
nearest point on the outside
7
wall of the structure

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

12
Boundary Lines of None
13
Participating Property

14
Boundary Lines of 1.1 times the maximum blade tip
15
Nonparticipating Property height of the wind tower to the
16
nearest point on the property
17
line of the nonparticipating
18
property

19
Public Road Rights-of-Way 1.1 times the maximum blade tip
20
height of the wind tower
21
to the center point of the

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public road right-of-way

2
Overhead Communication and 1.1 times the maximum blade tip
3
Electric Transmission height of the wind tower to the
4
and Distribution Facilities nearest edge of the property
5
(Not Including Overhead line, easement, or
6
Utility Service Lines to right-of-way
7
Individual Houses or containing the overhead line
8
Outbuildings)

9
Overhead Utility Service None
10
Lines to Individual
11
Houses or Outbuildings

12
Fish and Wildlife Areas 2.1 times the maximum blade
13
and Illinois Nature tip height of the wind tower
14
Preserve Commission to the nearest point on the
15
Protected Lands property line of the fish and
16
wildlife area or protected
17
land
18

This Section does not exempt or excuse compliance with
19

electric facility clearances approved or required by the
20

National Electrical Code, the National Electrical Safety
21

Code, the Illinois Commerce Commission, and the Federal
22

Energy Regulatory Commission and their designees or
23

successors;

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

to be sited so that industry standard computer modeling
3

indicates that any occupied community building or
4

nonparticipating residence will not experience more than
5

30 hours per year of shadow flicker under planned
6

operating conditions;
7

(3) a commercial solar energy facility to be sited as
8

follows, with setback distances measured from the nearest
9

edge of any above-ground component of the facility,
10

excluding fencing:

11
Setback Description Setback Distance

12
Occupied Community 150 feet from the nearest
13
Buildings and Dwellings on point on the outside wall
14
Nonparticipating Properties of the structure

15
Boundary Lines of None
16
Participating Property

17
Public Road Rights-of-Way 50 feet from the nearest
18
edge of the public
19
right-of-way

20
Boundary Lines of 50 feet to the nearest
21
Nonparticipating Property point on the property

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Not Zoned Residential
line of the nonparticipating
2
property

3
Boundary Lines of

500 feet to the nearest

4
Nonparticipating Property

point on the property

5
Zoned Residential

line of the nonparticipating

6

property zoned residential

7

(4) a commercial solar energy facility to be sited so
8

that the facility's perimeter is enclosed by fencing
9

having a height of at least 6 feet and no more than 25
10

feet; and
11

(5) a commercial solar energy facility to be sited so
12

that no component of a solar panel has a height of more
13

than 20 feet above ground when the solar energy facility's
14

arrays are at full tilt.
15

This subsection (e) shall not preclude the ability of a
16
county to require a reasonable setback distance between
17
fencing and public rights-of-way if the requirement is not
18
specific to commercial wind energy facilities or commercial
19
solar energy facilities and does not preclude the development
20
of commercial wind energy facilities or commercial solar
21
energy facilities or the ability of commercial wind energy
22
facilities or commercial solar energy facilities to comply
23
with the requirements set forth in this subsection (e).
24

The requirements set forth in this subsection (e) may be

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waived subject to the written consent of the owner of each
2
affected nonparticipating property.
3

(f) A county may not set a sound limitation for wind towers
4
in commercial wind energy facilities or any components in
5
commercial solar energy facilities that is more restrictive
6
than the sound limitations established by the Illinois
7
Pollution Control Board under 35 Ill. Adm. Code Parts 900,
8
901, and 910. Additionally, in accordance with Section 25 of
9
the Environmental Protection Act, a participating property,
10
participating residence, nonparticipating property,
11
nonparticipating residence, or any combination of those
12
properties or residences may waive enforcement of the rules
13
adopted by the Illinois Pollution Control Board under 35 Ill.
14
Adm. Code Parts 900, 901, and 910 by written waiver that
15
complies with the applicable directive established in Section
16
25 of the Environmental Protection Act and is recorded in the
17
Office of the Recorder of the county in which the
18
participating property, participating residence,
19
nonparticipating property, or nonparticipating residence is
20
located. Once recorded, such a waiver shall be binding on any
21
current and future owners, residents, lessees, invitees, and
22
users of the participating property, participating residence,
23
nonparticipating property, or nonparticipating residence for
24
enforcement purposes. An owner of any participating residence
25
or nonparticipating residence shall disclose the existence of
26
such a waiver to any lessee before entering any new lease for

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the residence.
2

A seller or transferor of a participating property,
3
participating residence, nonparticipating property,
4
nonparticipating residence, or any combination of those
5
properties or residences shall disclose the existence of such
6
a waiver to any buyer or transferee before any sale or transfer
7
of the property. If disclosure of the waiver occurs after the
8
buyer has made an offer to purchase the property, the seller
9
shall disclose the existence of the waiver before accepting
10
the buyer's offer and shall (1) allow the buyer an opportunity
11
to review the disclosure and (2) inform the buyer that the
12
buyer has the right to amend the buyer's offer.
13

(g) A county may not place any restriction on the
14
installation or use of a commercial wind energy facility or a
15
commercial solar energy facility unless it adopts an ordinance
16
that complies with this Section. A county may not establish
17
siting standards for supporting facilities that preclude
18
development of commercial wind energy facilities or commercial
19
solar energy facilities.
20

A request for siting approval or a special use permit for a
21
commercial wind energy facility or a commercial solar energy
22
facility, or modification of an approved siting or special use
23
permit, shall be approved if the request is in compliance with
24
the standards and conditions imposed in this Act, the zoning
25
ordinance adopted consistent with this Act, and the conditions
26
imposed under State and federal statutes and regulations.

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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

(i) (Blank).
7

(i-5) All siting approval or special use permit
8
application fees for a commercial wind energy facility or
9
commercial solar energy facility must be reasonable. Fees that
10
do not exceed $5,000 per each megawatt of nameplate capacity
11
of the energy facility, up to a maximum of $125,000, shall be
12
considered presumptively reasonable. A county may also require
13
reimbursement from the applicant for any reasonable expenses
14
incurred by the county in processing the siting approval or
15
special use permit application in excess of the maximum fee. A
16
siting approval or special use permit shall not be subject to
17
any time deadline to start construction or obtain a building
18
permit of less than 5 years from the date of siting approval or
19
special use permit approval. A county shall allow an applicant
20
to request an extension of the deadline based upon reasonable
21
cause for the extension request. The exemption shall not be
22
unreasonably withheld, conditioned, or denied.
23

(i-10) A county may require, for a commercial wind energy
24
facility or commercial solar energy facility, a single
25
building permit and a reasonable permit fee for the facility
26
which includes all supporting facilities. County building

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1
permit fees for commercial wind energy facility or commercial
2
solar energy facility that do not exceed $5,000 per each
3
megawatt of nameplate capacity of the energy facility, up to a
4
maximum of $75,000, shall be considered presumptively
5
reasonable. A county may also require reimbursement from the
6
applicant for any reasonable expenses incurred by the county
7
in processing the building permit in excess of the maximum
8
fee. A county may require an applicant, upon start of
9
construction of the facility, to maintain liability insurance
10
that is commercially reasonable and consistent with prevailing
11
industry standards for similar energy facilities.
12

(j) Except as otherwise provided in this Section, a county
13
shall not require standards for construction, decommissioning,
14
or deconstruction of a commercial wind energy facility or
15
commercial solar energy facility or related financial
16
assurances that are more restrictive than those included in
17
the Department of Agriculture's standard wind farm
18
agricultural impact mitigation agreement, template 81818, or
19
standard solar agricultural impact mitigation agreement,
20
version 8.19.19, as applicable and in effect on December 31,
21
2022. The amount of any decommissioning payment shall be in
22
accordance with the financial assurance required by those
23
agricultural impact mitigation agreements.
24

(j-5) A commercial wind energy facility or a commercial
25
solar energy facility shall file a farmland drainage plan with
26
the county and impacted drainage districts outlining how

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1
surface and subsurface drainage of farmland will be restored
2
during and following construction or deconstruction of the
3
facility. The plan is to be created independently by the
4
facility developer and shall include the location of any
5
potentially impacted drainage district facilities to the
6
extent this information is publicly available from the county
7
or the drainage district, plans to repair any subsurface
8
drainage affected during construction or deconstruction using
9
procedures outlined in the agricultural impact mitigation
10
agreement entered into by the commercial wind energy facility
11
owner or commercial solar energy facility owner, and
12
procedures for the repair and restoration of surface drainage
13
affected during construction or deconstruction. All surface
14
and subsurface damage shall be repaired as soon as reasonably
15
practicable.
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. Vegetative screening requirements
24
shall be commercially reasonable and limited in height at full
25
maturity to avoid reduction of the productive energy output of
26
the commercial solar energy facility. A county may not require

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1
vegetative screening to exceed 5 feet in height when first
2
installed or prior to commercial operation date. The screening
3
requirements shall take into account the size and location of
4
the facility, visibility from nonparticipating residences,
5
compatibility of native plant species, cost and feasibility of
6
installation and maintenance, and industry standards and best
7
practices for commercial solar energy facilities.
8

(m) A county may set blade tip height limitations for wind
9
towers in commercial wind energy facilities but may not set a
10
blade tip height limitation that is more restrictive than the
11
height allowed under a Determination of No Hazard to Air
12
Navigation by the Federal Aviation Administration under 14 CFR
13
Part 77.
14

(n) A county may require that a commercial wind energy
15
facility owner or commercial solar energy facility owner
16
provide:
17

(1) the results and recommendations from consultation
18

with the Illinois Department of Natural Resources that are
19

obtained through the Ecological Compliance Assessment Tool
20

(EcoCAT) or a comparable successor tool; and
21

(2) (blank).
22

(o) A county may require a commercial wind energy facility
23
or commercial solar energy facility to adhere to the
24
recommendations provided by the Illinois Department of Natural
25
Resources in an EcoCAT natural resource review report under 17
26
Ill. Adm. Code Part 1075.

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1

(p) A county may require a facility owner to:
2

(1) demonstrate avoidance of protected lands as
3

identified by the Illinois Department of Natural Resources
4

and the Illinois Nature Preserve Commission; or
5

(2) consider the recommendations of the Illinois
6

Department of Natural Resources for setbacks from
7

protected lands, including areas identified by the
8

Illinois Nature Preserve Commission.
9

(q) A county may require that a facility owner provide
10
evidence of consultation with the Illinois State Historic
11
Preservation Office to assess potential impacts on
12
State-registered historic sites under the Illinois State
13
Agency Historic Resources Preservation Act.
14

(r) To maximize community benefits, including, but not
15
limited to, reduced stormwater runoff, flooding, and erosion
16
at the ground mounted solar energy system, improved soil
17
health, and increased foraging habitat for game birds,
18
songbirds, and pollinators, a county may (1) require a
19
commercial solar energy facility owner to plant, establish,
20
and maintain for the life of the facility vegetative ground
21
cover, consistent with the goals of the Pollinator-Friendly
22
Solar Site Act and (2) require the submittal of a vegetation
23
management plan that is in compliance with the agricultural
24
impact mitigation agreement in the application to construct
25
and operate a commercial solar energy facility in the county
26
if the vegetative ground cover and vegetation management plan

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1
comply with the requirements of the underlying agreement with
2
the landowner or landowners where the facility will be
3
constructed.
4

No later than 90 days after January 27, 2023 (the
5
effective date of Public Act 102-1123), the Illinois
6
Department of Natural Resources shall develop guidelines for
7
vegetation management plans that may be required under this
8
subsection for commercial solar energy facilities. The
9
guidelines must include guidance for short-term and long-term
10
property management practices that provide and maintain native
11
and non-invasive naturalized perennial vegetation to protect
12
the health and well-being of pollinators.
13

(s) If a facility owner enters into a road use agreement
14
with the Illinois Department of Transportation, a road
15
district, or other unit of local government relating to a
16
commercial wind energy facility or a commercial solar energy
17
facility, the road use agreement shall require the facility
18
owner to be responsible for (i) the reasonable cost of
19
improving roads used by the facility owner to construct the
20
commercial wind energy facility or the commercial solar energy
21
facility and (ii) the reasonable cost of repairing roads used
22
by the facility owner during construction of the commercial
23
wind energy facility or the commercial solar energy facility
24
so that those roads are in a condition that is safe for the
25
driving public after the completion of the facility's
26
construction. Roadways improved in preparation for and during

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1
the construction of the commercial wind energy facility or
2
commercial solar energy facility shall be repaired and
3
restored to the improved condition at the reasonable cost of
4
the developer if the roadways have degraded or were damaged as
5
a result of construction-related activities.
6

The road use agreement shall not require the facility
7
owner to pay costs, fees, or charges for road work that is not
8
specifically and uniquely attributable to the construction of
9
the commercial wind energy facility or the commercial solar
10
energy facility. No road district or other unit of local
11
government may request or require permit fees, fines, or other
12
payment obligations as a requirement for a road use agreement
13
with a facility owner unless the amount of the reasonable
14
permit fee or payment is equivalent to the amount of actual
15
expenses incurred by the road district or other unit of local
16
government for negotiating, executing, constructing, or
17
implementing the road use agreement. The road use agreement
18
shall not require any road work to be performed by or paid for
19
by the facility owner that is not specifically and uniquely
20
attributable to the road improvements required for the
21
construction of the commercial wind energy facility or the
22
commercial solar energy facility or the restoration of the
23
roads used by the facility owner during construction-related
24
activities.
25

(s-5) The facility owner shall also compensate landowners
26
for crop losses or other agricultural damages resulting from

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damage to the drainage system caused by the construction of
2
the commercial wind energy facility or the commercial solar
3
energy facility. The commercial wind energy facility owner or
4
commercial solar energy facility owner shall repair or pay for
5
the repair of all damage to the subsurface drainage system
6
caused by the construction of the commercial wind energy
7
facility or the commercial solar energy facility in accordance
8
with the agriculture impact mitigation agreement requirements
9
for repair of drainage. The commercial wind energy facility
10
owner or commercial solar energy facility owner shall repair
11
or pay for the repair and restoration of surface drainage
12
caused by the construction or deconstruction of the commercial
13
wind energy facility or the commercial solar energy facility
14
as soon as reasonably practicable.
15

(t) Notwithstanding any other provision of law, a facility
16
owner with siting approval from a county to construct a
17
commercial wind energy facility or a commercial solar energy
18
facility is authorized to cross or impact a drainage system,
19
including, but not limited to, drainage tiles, open drainage
20
ditches, culverts, and water gathering vaults, owned or under
21
the control of a drainage district under the Illinois Drainage
22
Code without obtaining prior agreement or approval from the
23
drainage district in accordance with the farmland drainage
24
plan required by subsection (j-5).
25

(u) The amendments to this Section adopted in Public Act
26
102-1123 do not apply to: (1) an application for siting

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1
approval or for a special use permit for a commercial wind
2
energy facility or commercial solar energy facility if the
3
application was submitted to a unit of local government before
4
January 27, 2023 (the effective date of Public Act 102-1123);
5
(2) a commercial wind energy facility or a commercial solar
6
energy facility if the facility owner has submitted an
7
agricultural impact mitigation agreement to the Department of
8
Agriculture before January 27, 2023 (the effective date of
9
Public Act 102-1123); (3) a commercial wind energy or
10
commercial solar energy development on property that is
11
located within an enterprise zone certified under the Illinois
12
Enterprise Zone Act, that was classified as industrial by the
13
appropriate zoning authority on or before January 27, 2023,
14
and that is located within 4 miles of the intersection of
15
Interstate 88 and Interstate 39; or (4) a commercial wind
16
energy or commercial solar energy development on property in
17
Madison County that is located within the area that has as its
18
northern boundary the portion of Drexelius Road that is
19
between the intersection of Drexelius Road and Wolf Road and
20
the intersection of Drexelius Road and Fosterburg Road, that
21
has as its eastern boundary the portion of Fosterburg Road
22
that is between the intersection of Fosterburg Road and
23
Drexelius Road and the intersection of Fosterburg Road and
24
Wolf Road, and that has as its southern and western boundaries
25
the portion of Wolf Road that is between the intersection of
26
Fosterburg Road and Wolf Road and the intersection of

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Drexelius Road and Wolf Road.
2
(Source: P.A. 103-81, eff. 6-9-23; 103-580, eff. 12-8-23;
3
104-417, eff. 8-15-25; 104-458, eff. 6-1-26.)

4

(55 ILCS 5/5-12024)
5

(This Section may contain text from a Public Act with a
6
delayed effective date
)
7

Sec. 5-12024.
Energy storage systems.
8

(a) As used in this Section:
9

"Energy storage system" means a facility with an aggregate
10
energy capacity that is greater than 1,000 kilowatts and that
11
is capable of absorbing energy and storing it for use at a
12
later time, including, but not limited to, electrochemical and
13
electromechanical technologies. "Energy storage system" does
14
not include technologies that require combustion. "Energy
15
storage system" also does not include energy storage systems
16
associated with commercial solar energy facilities or
17
commercial wind energy facilities as defined in Section
18
5-12020.
19

"Excused service interruption" means any period during
20
which an energy storage system does not store or discharge
21
electricity and that is planned or reasonably foreseeable for
22
standard commercial operation, including any unavailability
23
caused by a buyer; storage capacity tests; system emergencies;
24
curtailments, including curtailment orders; transmission
25
system outages; compliance with any operating restriction;

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1
serial defects; and planned outages.
2

"Facility owner" means (i) a person with a direct
3
ownership interest in an energy storage system, regardless of
4
whether the person is involved in acquiring the necessary
5
rights, permits, and approvals or otherwise planning for the
6
construction and operation of the facility and (ii) a person
7
who, at the time the facility is being developed, is acting as
8
a developer of the facility by acquiring the necessary rights,
9
permits, and approvals or by planning for the construction and
10
operation of the facility, regardless of whether the person
11
will own or operate the facility.
12

"Force majeure" means any event or circumstance that
13
delays or prevents an energy storage system from timely
14
performing all or a portion of its commercial operations if
15
the act or event, despite the exercise of commercially
16
reasonable efforts, cannot be avoided by and is beyond the
17
reasonable control, whether direct or indirect, of, and
18
without the fault or negligence of, a facility owner or
19
operator or any of its assignees. "Force majeure" includes,
20
but is not limited to:
21

(1) fire, flood, tornado, or other natural disasters
22

or acts of God;
23

(2) war, civil strife, terrorist attack, or other
24

similar acts of violence;
25

(3) unavailability of materials, equipment, services,
26

or labor, including unavailability due to global supply

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1

chain shortages;
2

(4) utility or energy shortages or acts or omissions
3

of public utility providers;
4

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

other public health emergency or related restrictions; and
6

(6) litigation or a regulatory proceeding regarding a
7

facility.
8

"NFPA" means the National Fire Protection Association.
9

"Nonparticipating property" means real property that is
10
not a participating property.
11

"Nonparticipating residence" means a residence that is
12
located on nonparticipating property and that exists and is
13
occupied on the date that the application for a permit to
14
develop an energy storage system is filed with the county.
15

"Occupied community building" means a school, place of
16
worship, day care facility, public library, or community
17
center that is occupied on the date that the application for a
18
permit to develop an energy storage system is filed with the
19
county in which the building is located.
20

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

"Protected lands" means real property that is: (i) subject

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1
to a permanent conservation right consistent with the Real
2
Property Conservation Rights Act; or (ii) registered or
3
designated as a nature preserve, buffer, or land and water
4
reserve under the Illinois Natural Areas Preservation Act.
5

"Supporting facilities" means the transmission lines,
6
substations, switchyard, access roads, meteorological towers,
7
storage containers, and equipment associated with the
8
generation, storage, and dispatch of electricity by an energy
9
storage system.
10

(b) Notwithstanding any other provision of law, if a
11
county has formed a zoning commission and adopted formal
12
zoning under Section 5-12007, then a county may establish
13
standards for energy storage systems in areas of the county
14
that are not within the zoning jurisdiction of a municipality.
15
The standards may include all of the requirements specified in
16
this Section but may not include requirements for energy
17
storage systems that are more restrictive than specified in
18
this Section or requirements that are not specified in this
19
Section.
20

(c) A county may require the energy storage facility to
21
comply with the version of NFPA 855 "Standard for the
22
Installation of Stationary Energy Storage Systems" in effect
23
on the effective date of this amendatory Act or any successor
24
standard issued by the NFPA in effect on the date of siting or
25
special use permit approval. A county may not include
26
requirements for energy storage systems that are more

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1
restrictive than NFPA 855 "Standard for the Installation of
2
Stationary Energy Storage Systems" unless required by this
3
Section.
4

(d) If a county has elected to establish standards under
5
subsection (b), then the zoning board of appeals for the
6
county shall hold at least one public hearing before the
7
county grants (i) siting approval or a special use permit for
8
an energy storage system or (ii) modification of an approved
9
siting or special use permit. The public hearing shall be
10
conducted in accordance with the Open Meetings Act and shall
11
conclude not more than 60 days after the filing of the
12
application for the facility. The county shall allow
13
interested parties to a special use permit an opportunity to
14
present evidence and to cross-examine witnesses at the
15
hearing, but the county may impose reasonable restrictions on
16
the public hearing, including reasonable time limitations on
17
the presentation of evidence and the cross-examination of
18
witnesses. The county shall also allow public comment at the
19
public hearing in accordance with the Open Meetings Act. The
20
county shall make its siting and permitting decisions not more
21
than 30 days after the conclusion of the public hearing.
22
Notice of the hearing shall be published in a newspaper of
23
general circulation in the county.
24

(e) A county with an existing zoning ordinance in conflict
25
with this Section shall amend that zoning ordinance to comply
26
with this Section within 120 days after the effective date of

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1
this amendatory Act of the 104th General Assembly.
2

(f) A county shall require an energy storage system to be
3
sited as follows, with setback distances measured from the
4
nearest edge of the nearest battery or other electrochemical
5
or electromechanical enclosure:

6
Setback Description Setback Distance

7
Occupied Community 150 feet from the nearest
8
Buildings and point of the outside wall of
9
Nonparticipating Residences the occupied community building
10
or nonparticipating residence

11
Boundary Lines of 50 feet to the nearest point
12
Occupied Community on the property line of
13
Buildings and the occupied community building
14
Nonparticipating Residences or nonparticipating property
15
Not Zoned Residential

16
Boundary Lines of

500 feet to the nearest

17
Nonparticipating Property

point on the property

18
Zoned Residential

line of the nonparticipating

19

property zoned residential

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

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1

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

system to be sited so that the facility's perimeter is
3

enclosed by fencing having a height of at least 7 feet and
4

no more than 25 feet.
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 Code,
8
the Illinois Commerce Commission, the Federal Energy
9
Regulatory Commission, and their designees or successors.
10

(g) A county may not set a sound limitation for energy
11
storage systems that is more restrictive than the sound
12
limitations established by the Illinois Pollution Control
13
Board under 35 Ill. Adm. Code Parts 900, 901, and 910. After
14
commercial operation, a county may require the facility owner
15
to provide, not more than once, octave band sound pressure
16
level measurements from a reasonable number of sampled
17
locations at the perimeter of the energy storage system to
18
demonstrate compliance with this Section.
19

(h) The provisions set forth in subsection (f) may be
20
waived subject to the written consent of the owner of each
21
affected nonparticipating property or nonparticipating
22
residence.
23

(i) A county may not place any restriction on the
24
installation or use of an energy storage system unless it has
25
formed a zoning commission and adopted formal zoning under
26
Section 5-12007 and adopts an ordinance that complies with

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1
this Section. A county may not establish siting standards for
2
supporting facilities that preclude development of an energy
3
storage system.
4

(j) A request for siting approval or a special use permit
5
for an energy storage system, or modification of an approved
6
siting approval or special use permit, shall be approved if
7
the request complies with the standards and conditions imposed
8
in this Code, the zoning ordinance adopted consistent with
9
this Section, and other State and federal statutes and
10
regulations. The siting approval or special use permit
11
approved by the county shall grant the facility owner a period
12
of at least 3 years after county approval to obtain a building
13
permit or commence construction of the energy storage system,
14
before the siting approval or special use permit may become
15
subject to revocation by the county. Facility owners may be
16
granted an extension on obtaining building permits or
17
commencing constructing upon a showing of good cause. A
18
facility owner's request for an extension may not be
19
unreasonably withheld, conditioned, or denied.
20

(k) A county may not adopt zoning regulations that
21
disallow, permanently or temporarily, an energy storage system
22
from being developed or operated in any district zones to
23
allow agricultural or industrial uses.
24

(l) A facility owner shall file a farmland drainage plan
25
with the county and impacted drainage districts that outlines
26
how surface and subsurface drainage of farmland will be

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1
restored during and following the construction or
2
deconstruction of the energy storage system. The plan shall be
3
created independently by the facility owner and shall include
4
the location of any potentially impacted drainage district
5
facilities to the extent the information is publicly available
6
from the county or the drainage district and plans to repair
7
any subsurface drainage affected during construction or
8
deconstruction using procedures outlined in the
9
decommissioning plan. All surface and subsurface damage shall
10
be repaired as soon as reasonably practicable.
11

(m) A facility owner shall compensate landowners for crop
12
losses or other agricultural damages resulting from damage to
13
a drainage system caused by the construction of an energy
14
storage system. The facility owner shall repair or pay for the
15
repair of all damage to the subsurface drainage system caused
16
by the construction of the energy storage system. The facility
17
owner shall repair or pay for the repair and restoration of
18
surface drainage caused by the construction or deconstruction
19
of the energy storage facility as soon as reasonably
20
practicable.
21

(n) County siting approval or special use permit
22
application fees for an energy storage system shall not exceed
23
the lesser of (i) $5,000 per each megawatt of nameplate
24
capacity of the energy storage system or (ii) $50,000.
25

(o) The county may require a facility owner to provide a
26
decommissioning plan to the county. The decommissioning plan

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1
may include all requirements for decommissioning plans in NFPA
2
855 and may also require the facility owner to:
3

(1) state how the energy storage system will be
4

decommissioned, including removal to a depth of 3 feet of
5

all structures that have no ongoing purpose and all debris
6

and restoration of the soil and any vegetation to a
7

condition as close as reasonably practicable to the soil's
8

and vegetation's preconstruction condition within 18
9

months of the end of project life or facility abandonment;
10

(2) include provisions related to commercially
11

reasonable efforts to reuse or recycle of equipment and
12

components associated with the commercial offsite energy
13

storage system;
14

(3) include financial assurance in the form of a
15

reclamation or surety bond or other commercially available
16

financial assurance that is acceptable to the county, with
17

the county or participating property owner as beneficiary.
18

The amount of the financial assurance shall not be more
19

than the estimated cost of decommissioning the energy
20

facility, after deducting salvage value, as calculated by
21

a professional engineer licensed to practice engineering
22

in this State with expertise in preparing decommissioning
23

estimates, retained by the applicant. The financial
24

assurance shall be provided to the county incrementally as
25

follows:
26

(A) 25% before the start of full commercial

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1

operation;
2

(B) 50% before the start of the 5th year of
3

commercial operation; and
4

(C) 100% by the start of the tenth year of
5

commercial operation;
6

(4) update the amount of the financial assurance not
7

more than every 5 years for the duration of commercial
8

operations. The amount shall be calculated by a
9

professional engineer licensed to practice engineering in
10

this State with expertise in decommissioning, hired by the
11

facility owner; and
12

(5) decommission the energy storage system, in
13

accordance with an approved decommissioning plan, within
14

18 months after abandonment. An energy storage system that
15

has not stored electrical energy for 12 consecutive months
16

or that fails, for a period of 6 consecutive months, to pay
17

a property owner who is party to a written agreement,
18

including, but not limited to, an easement, option, lease,
19

or license under the terms of which an energy storage
20

system is constructed on the property, amounts owed in
21

accordance with the written agreement shall be considered
22

abandoned, except when the inability to store energy is
23

the result of an event of force majeure or excused service
24

interruption.
25

(p) A county may not condition approval of an energy
26
storage system on a property value guarantee and may not

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1
require a facility owner to pay into a neighboring property
2
devaluation escrow account.
3

(q) A county may require that a facility owner provide the
4
results and recommendations from consultation with the
5
Department of Natural Resources that are obtained through the
6
Ecological Compliance Assessment Tool (EcoCAT) or a comparable
7
successor tool.
8

(r) A county may require an energy storage system to
9
adhere to the recommendations provided by the Department of
10
Natural Resources in an Agency Action Report under 17 Ill.
11
Adm. Code 1075.
12

(s) A county may require a facility owner to:
13

(1) demonstrate avoidance of protected lands as
14

identified by the Department of Natural Resources and the
15

Illinois Nature Preserves Commission; or
16

(2) consider the recommendations of the Department of
17

Natural Resources for setbacks from protected lands,
18

including areas identified by the Illinois Nature
19

Preserves Commission.
20

(t) A county may require that a facility owner provide
21
evidence of consultation with the Illinois Historic
22
Preservation Division to assess potential impacts on
23
State-registered historic sites under the Illinois State
24
Agency Historic Resources Preservation Act.
25

(u) A county may require that an application for siting
26
approval or special use permit include the following

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1
information on a site plan:
2

(1) a description of the property lines and physical
3

features, including roads, for the facility site;
4

(2) a description of the proposed changes to the
5

landscape of the facility site, including vegetation
6

clearing and planting, exterior lighting, and screening or
7

structures; and
8

(3) a description of the zoning district designation
9

for the parcel of land comprising the facility site.
10

(v) A county may not prohibit an energy storage system
11
from undertaking periodic augmentation to maintain the
12
approximate original capacity of the energy storage system. A
13
county may not require renewed or additional siting approval
14
or special use permit approval of periodic augmentation to
15
maintain the approximate original capacity of the energy
16
storage system.
17

(w) A county that issues a building permit for energy
18
storage systems shall review and process building permit
19
applications within 60 days after receipt of the building
20
permit application. If a county does not grant or deny the
21
building permit application within 60 days, the building
22
permit shall be deemed granted. If a county denies a building
23
permit application, it shall specify the reason for the denial
24
in writing as part of its denial.
25

(x) A county may require a single building permit and a
26
reasonable permit fee for the facility which includes all

SB3585
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1
supporting facilities. A county building permit fee for an
2
energy storage system that does not exceed the lesser of (i)
3
$5,000 per each megawatt of nameplate capacity of the energy
4
storage system or (ii) $50,000 shall be considered
5
presumptively reasonable. A county may require that the
6
application for building permit contain:
7

(1) an electrical diagram detailing the battery energy
8

storage system layout, associated components, and
9

electrical interconnection methods, with all National
10

Electrical Code compliant disconnects and overcurrent
11

devices; and
12

(2) an equipment specification sheet.
13

(y) A county may require the facility owner to submit to
14
the county prior to the facility's commercial operation a
15
commissioning report meeting the requirements of NFPA 855
16
Sections 4.2.4, 6.1.3, and 6.1.5.5, as published in 2023, or
17
the applicable Sections in the most recent version of NFPA
18
855.
19

(z) A county may require the facility owner to submit to
20
the county prior to the facility's commercial operation a
21
hazard mitigation analysis meeting the requirements of NFPA
22
855 Section 4.4 or the applicable Sections in the most recent
23
version of NFPA 855.
24

(aa) A county may require the facility owner to submit to
25
the county an emergency operations plan meeting the
26
requirements of NFPA 855 Section 4.3.2.1.4, published in 2023,

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1
or applicable Sections in the most recent version of NFPA 855,
2
prior to commercial operation.
3

(bb) A county may require a warning that complies with
4
requirements in NFPA 855 Section 4.7.4, published in 2023, or
5
applicable sections in the most recent version of NFPA 855.
6

(cc) A county may require the energy storage system to
7
adhere to the principles for responsible outdoor lighting
8
provided by the International Dark-Sky Association and shall
9
limit outdoor lighting to that which is minimally required for
10
safety and operational purposes. Any outdoor lighting shall be
11
reasonably shielded and downcast from all residences and
12
adjacent properties.
13

(dd) This Section does not exempt compliance with fire and
14
safety standards and guidance established for the installation
15
of lithium-ion battery energy storage systems set by the NFPA.
16

(ee) Prior to commencement of commercial operation, the
17
facility owner shall offer to provide training for local fire
18
departments and emergency responders in accordance with the
19
facility emergency operations plan. A copy of the emergency
20
operations plan shall be given to the facility owner, the
21
local fire department, and emergency responders. All batteries
22
integrated within an energy storage system shall be listed
23
under the UL 1973 Standard. All batteries integrated within an
24
energy storage system shall be listed in accordance with UL
25
9540 Standard, either from the manufacturer or by a field
26
evaluation.

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1

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

The road use agreement shall not require the facility
18
owner to pay costs, fees, or charges for road work that is not
19
specifically and uniquely attributable to the construction of
20
the energy storage system. No road district or other unit of
21
local government may request or require a fine, permit fee, or
22
other payment obligation as a requirement for a road use
23
agreement with a facility owner unless the amount of the fine,
24
permit fee, or other payment obligation is equivalent to the
25
amount of actual expenses incurred by the road district or
26
other unit of local government for negotiating, executing,

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1
constructing, or implementing the road use agreement. The road
2
use agreement shall not require the facility owner to perform
3
or pay for any road work that is unrelated to the road
4
improvements required for the construction of the commercial
5
wind energy facility or the commercial solar energy facility
6
or the restoration of the roads used by the facility owner
7
during construction-related activities.
8

(gg) The provisions of this amendatory Act of the 104th
9
General Assembly do not apply to an application for siting
10
approval or special use permit for an energy storage system if
11
the application was submitted to a county before the effective
12
date of this amendatory Act of the 104th General Assembly.
13
(Source: P.A. 104-458, eff. 6-1-26.)

14

Section 95.
No acceleration or delay.
Where this Act makes
15
changes in a statute that is represented in this Act by text
16
that is not yet or no longer in effect (for example, a Section
17
represented by multiple versions), the use of that text does
18
not accelerate or delay the taking effect of (i) the changes
19
made by this Act or (ii) provisions derived from any other
20
Public Act.

21

Section 99.
Effective date.
This Act takes effect January
22
1, 2027.

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