HB 3563

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Full Text of HB3563
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	HB3563 - 104th General Assembly
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104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
HB3563
Introduced 2/18/2025, by Rep. La Shawn K. Ford
SYNOPSIS AS INTRODUCED:
55 ILCS 5/5-12020
505 ILCS 147/10
505 ILCS 147/15
Amends the Counties Code. Provides that a commercial wind energy facility or commercial solar energy facility proposed to be located on property in an unincorporated area of the county within the zoning jurisdiction of a municipality and located adjacent to the corporate boundary of a municipality shall either be annexed to the municipality or be subject to the municipality's zoning regulations. Provides factors for determining if a request for siting approval or a special use permit for a commercial wind energy facility or a commercial solar energy facility, or modification of an approved siting or special use permit, is in compliance with the standards and conditions imposed in the Code, the zoning ordinance adopted consistent with the Code, and the conditions imposed under State and federal statutes and regulations. Provides that a county may not approve a request for siting approval or a special use permit for a commercial wind energy facility or a commercial solar energy facility or modification of an approved siting or special use permit, if the proposal shall disturb more than one acre of land, unless the facility owner has obtained a National Pollution Discharge Elimination System ("NPDES") permit from the Illinois Environmental Protection Agency. Requires a facility owner to provide the county in which a commercial solar energy facility or commercial wind energy facility to be located, a deconstruction plan that has been prepared by a professional engineer who has been selected by the facility owner. Provides that, based on an initial evaluation or reevaluation during the county approval process, the county may require changes in the level of financial assurance used to calculate the financial assurance level from the facility owner. Amends the Renewable Energy Facilities Agricultural Impact Mitigation Act. Provides that the standard agricultural impact mitigation agreements shall be amended as needed to conform with the financial assurance procedures and requirements under specified provisions of the Counties Code. Makes other changes.
LRB104 09862 RTM 19930 b
A BILL FOR
		HB3563		LRB104 09862 RTM 19930 b
1    AN ACT concerning local government.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Counties Code is amended by changing
5Section 5-12020 as follows:
6    (55 ILCS 5/5-12020)
7    Sec. 5-12020. Commercial wind energy facilities and
8commercial solar energy facilities.
9    (a) As used in this Section:
10    "Commercial operation date" means the calendar date the 
11facility owner notifies the landowner, county, and Illinois 
12Department of Agriculture in writing that commercial operation 
13of a commercial solar energy facility or commercial wind 
14energy facility has commenced.
15    "Commercial solar energy facility" means a "commercial
16solar energy system" as defined in Section 10-720 of the
17Property Tax Code. "Commercial solar energy facility" does not
18mean a utility-scale solar energy facility being constructed
19at a site that was eligible to participate in a procurement
20event conducted by the Illinois Power Agency pursuant to
21subsection (c-5) of Section 1-75 of the Illinois Power Agency
22Act.
23    "Commercial wind energy facility" means a wind energy
		HB3563	- 2 -	LRB104 09862 RTM 19930 b
1conversion facility of equal or greater than 500 kilowatts in
2total nameplate generating capacity. "Commercial wind energy
3facility" includes a wind energy conversion facility seeking
4an extension of a permit to construct granted by a county or
5municipality before January 27, 2023 (the effective date of
6Public Act 102-1123).
7    "Facility owner" means (i) a person with a direct
8ownership interest in a commercial wind energy facility or a
9commercial solar energy facility, or both, regardless of
10whether the person is involved in acquiring the necessary
11rights, permits, and approvals or otherwise planning for the
12construction and operation of the facility, and (ii) at the
13time the facility is being developed, a person who is acting as
14a developer of the facility by acquiring the necessary rights,
15permits, and approvals or by planning for the construction and
16operation of the facility, regardless of whether the person
17will own or operate the facility.
18    "Nonparticipating property" means real property that is
19not a participating property.
20    "Nonparticipating residence" means a residence that is
21located on nonparticipating property and that is existing and
22occupied on the date that an application for a permit to
23develop the commercial wind energy facility or the commercial
24solar energy facility is filed with the county.
25    "Occupied community building" means any one or more of the
26following buildings that is existing and occupied on the date
		HB3563	- 3 -	LRB104 09862 RTM 19930 b
1that the application for a permit to develop the commercial
2wind energy facility or the commercial solar energy facility
3is filed with the county: a school, place of worship, day care
4facility, public library, or community center.
5    "Participating property" means real property that is the
6subject of a written agreement between a facility owner and
7the owner of the real property that provides the facility
8owner an easement, option, lease, or license to use the real
9property for the purpose of constructing a commercial wind
10energy facility, a commercial solar energy facility, or
11supporting facilities. "Participating property" also includes
12real property that is owned by a facility owner for the purpose
13of constructing a commercial wind energy facility, a
14commercial solar energy facility, or supporting facilities.
15    "Participating residence" means a residence that is
16located on participating property and that is existing and
17occupied on the date that an application for a permit to
18develop the commercial wind energy facility or the commercial
19solar energy facility is filed with the county.
20    "Protected lands" means real property that is:
21        (1) subject to a permanent conservation right
22    consistent with the Real Property Conservation Rights Act;
23    or
24        (2) registered or designated as a nature preserve,
25    buffer, or land and water reserve under the Illinois
26    Natural Areas Preservation Act.
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1    "Supporting facilities" means the transmission lines,
2substations, access roads, meteorological towers, storage
3containers, and equipment associated with the generation and
4storage of electricity by the commercial wind energy facility
5or commercial solar energy facility.
6    "Wind tower" includes the wind turbine tower, nacelle, and
7blades.
8    (b) Notwithstanding any other provision of law or whether
9the county has formed a zoning commission and adopted formal
10zoning under Section 5-12007, a county may establish standards
11for commercial wind energy facilities, commercial solar energy
12facilities, or both. The standards may include all of the
13requirements specified in this Section but may not include
14requirements for commercial wind energy facilities or
15commercial solar energy facilities that are more restrictive
16than specified in this Section. A county may also regulate the
17siting of commercial wind energy facilities with standards
18that are not more restrictive than the requirements specified
19in this Section in unincorporated areas of the county that are
20outside the zoning jurisdiction of a municipality and that are
21outside the 1.5-mile radius surrounding the zoning
22jurisdiction of a municipality.
23    (c) If a county has elected to establish standards under
24subsection (b), before the county grants siting approval or a
25special use permit for a commercial wind energy facility or a
26commercial solar energy facility, or modification of an
		HB3563	- 5 -	LRB104 09862 RTM 19930 b
1approved siting or special use permit, the county board of the
2county in which the facility is to be sited or the zoning board
3of appeals for the county shall hold at least one public
4hearing. The public hearing shall be conducted in accordance
5with the Open Meetings Act and shall be held not more than 60
6days after the filing of the application for the facility. The
7county shall allow interested parties to a special use permit
8an opportunity to present evidence and to cross-examine
9witnesses at the hearing, but the county may impose reasonable
10restrictions on the public hearing, including reasonable time
11limitations on the presentation of evidence and the
12cross-examination of witnesses. The county shall also allow
13public comment at the public hearing in accordance with the
14Open Meetings Act. The county shall make its siting and
15permitting decisions not more than 60 [30] days after the
16conclusion of the public hearing. Notice of the hearing shall
17be published in a newspaper of general circulation in the
18county. A facility owner must enter into an agricultural
19impact mitigation agreement with the Department of Agriculture
20prior to the date of the required public hearing. A commercial
21wind energy facility owner seeking an extension of a permit
22granted by a county prior to July 24, 2015 (the effective date
23of Public Act 99-132) must enter into an agricultural impact
24mitigation agreement with the Department of Agriculture prior
25to a decision by the county to grant the permit extension.
26Counties may allow test wind towers or test solar energy
		HB3563	- 6 -	LRB104 09862 RTM 19930 b
1systems to be sited without formal approval by the county
2board.
3    (c-5) A commercial wind energy facility or commercial 
4solar energy facility proposed to be located on property in an 
5unincorporated area of the county within the zoning 
6jurisdiction of a municipality and located adjacent to the 
7corporate boundary of a municipality shall either be annexed 
8to the municipality subject to the requirements under Section 
97-1-1 of the Illinois Municipal Code or be subject to the 
10municipality's zoning regulations.
11    (d) A county with an existing zoning ordinance in conflict
12with this Section shall amend that zoning ordinance to be in
13compliance with this Section within 120 days after January 27,
142023 (the effective date of Public Act 102-1123).
15    (e) A county may require:
16        (1) a wind tower of a commercial wind energy facility
17    to be sited as follows, with setback distances measured
18    from the center of the base of the wind tower:
19Setback Description           Setback Distance
20Occupied Community            2.1 times the maximum blade tip
21Buildings                     height of the wind tower to the
22                              nearest point on the outside
23                              wall of the structure
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1Participating Residences      1.1 times the maximum blade tip
2                              height of the wind tower to the
3                              nearest point on the outside
4                              wall of the structure
5Nonparticipating Residences   2.1 times the maximum blade tip
6                              height of the wind tower to the
7                              nearest point on the outside
8                              wall of the structure
9Boundary Lines of             None
10Participating Property 
11Boundary Lines of             1.1 times the maximum blade tip
12Nonparticipating Property     height of the wind tower to the
13                              nearest point on the property
14                              line of the nonparticipating
15                              property
16Public Road Rights-of-Way     1.1 times the maximum blade tip
17                              height of the wind tower
18                              to the center point of the
19                              public road right-of-way
20Overhead Communication and    1.1 times the maximum blade tip
21Electric Transmission         height of the wind tower to the
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1and Distribution Facilities   nearest edge of the property
2(Not Including Overhead       line, easement, or 
3Utility Service Lines to      right-of-way 
4Individual Houses or          containing the overhead line
5Outbuildings)
6Overhead Utility Service      None
7Lines to Individual
8Houses or Outbuildings
9Fish and Wildlife Areas       2.1 times the maximum blade
10and Illinois Nature           tip height of the wind tower
11Preserve Commission           to the nearest point on the
12Protected Lands               property line of the fish and
13                              wildlife area or protected
14                              land
15    This Section does not exempt or excuse compliance with
16    electric facility clearances approved or required by the
17    National Electrical Code, the [The] National Electrical
18    Safety Code, the Illinois Commerce Commission, and the
19    Federal Energy Regulatory Commission[,] and their designees
20    or successors; [.]
21        (2) a wind tower of a commercial wind energy facility
22    to be sited so that industry standard computer modeling
23    indicates that any occupied community building or
24    nonparticipating residence will not experience more than
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1    30 hours per year of shadow flicker under planned
2    operating conditions;
3        (3) a commercial solar energy facility to be sited as
4    follows, with setback distances measured from the nearest
5    edge of any component of the facility:
6Setback Description           Setback Distance
7Occupied Community            150 feet from the nearest
8Buildings and Dwellings on    point on the outside wall 
9Nonparticipating Properties   of the structure
10Boundary Lines of             None
11Participating Property    
12Public Road Rights-of-Way     50 feet from the nearest
13                              edge
14Boundary Lines of             50 feet to the nearest
15Nonparticipating Property     point on the property
16                              line of the nonparticipating
17                              property
18        (4) a commercial solar energy facility to be sited so
19    that the facility's perimeter is enclosed by fencing
20    having a height of at least 6 feet and no more than 25
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1    feet; and
2        (5) a commercial solar energy facility to be sited so
3    that no component of a solar panel has a height of more
4    than 20 feet above ground when the solar energy facility's
5    arrays are at full tilt.
6    The requirements set forth in this subsection (e) may be
7waived subject to the written consent of the owner of each
8affected nonparticipating property.
9    (e-5) Commercial solar energy facilities or commercial 
10wind energy facilities shall be placed in zoning districts 
11primarily intended for agricultural or manufacturing uses.
12    (f) A county may not set a sound limitation for wind towers
13in commercial wind energy facilities or any components in
14commercial solar energy facilities that is more restrictive
15than the sound limitations established by the Illinois
16Pollution Control Board under 35 Ill. Adm. Code Parts 900,
17901, and 910.
18    (f-5) A county may designate commercial wind energy 
19facilities and commercial solar energy facilities as permitted 
20uses for certain zoning districts.
21    (g) A county may not place any restriction on the
22installation or use of a commercial wind energy facility or a
23commercial solar energy facility unless it adopts an ordinance
24that complies with this Section. A county may not establish
25siting standards for supporting facilities that preclude
26development of commercial wind energy facilities or commercial
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1solar energy facilities, unless the development is determined 
2by the county, based evidence presented at a public hearing, 
3to be detrimental to the public health, safety, or welfare of 
4county residents or the development site or adjacent property 
5consistent with the legal standard set forth in the Illinois 
6Supreme Court case, La Salle National Bank of Chicago v. Cook 
7County, 12 Ill. 2d 40(1957).
8    A request for siting approval or a special use permit for a
9commercial wind energy facility or a commercial solar energy
10facility, or modification of an approved siting or special use
11permit, shall be approved if the request is in compliance with
12the standards and conditions imposed in this Act, the zoning
13ordinance adopted consistent with this Code, and the
14conditions imposed under State and federal statutes and
15regulations, and if the approval would not be invalid 
16considering the following factors: [.]
17        (1) The uniformity with the existing uses and zoning 
18    of nearby property.
19        (2) The extent to which property values are diminished 
20    by the particular zoning restrictions.
21        (3) The extent to which the destruction of property 
22    values promotes the health, safety, morals, or general 
23    welfare of the public.
24        (4) The relative gain to the public as compared to the 
25    hardship imposed on the individual property owner.
26        (5) The suitability of the property for the zoned 
		HB3563	- 12 -	LRB104 09862 RTM 19930 b
1    purpose.
2        (6) The length of time the property has been vacant as 
3    zoned considered in the context of land development in the 
4    area.
5        (7) The care with which a community has planned its 
6    land use development.
7        (8) The community need for the proposed use.
8    (g-5) A county may not approve a request for siting 
9approval or a special use permit for a commercial wind energy 
10facility or a commercial solar energy facility or modification 
11of an approved siting or special use permit, if the proposal 
12shall disturb more than one acre of land, unless the facility 
13owner has obtained a National Pollution Discharge Elimination 
14System ("NPDES") permit from the Illinois Environmental 
15Protection Agency.
16    (h) A county may not adopt zoning regulations that
17disallow, permanently or temporarily, commercial wind energy
18facilities or commercial solar energy facilities from being
19developed or operated in any district zoned to allow
20agricultural or industrial uses.
21    (h-5) A county may deny a request for a special use permit 
22for a commercial solar energy facility or commercial wind 
23energy facility in areas planned for residential development 
24by either a county comprehensive plan or a municipal 
25comprehensive plan.
26    (i) A county may not require permit application fees for a
		HB3563	- 13 -	LRB104 09862 RTM 19930 b
1commercial wind energy facility or commercial solar energy
2facility that are unreasonable. All application fees imposed
3by the county shall be consistent with fees for projects in the
4county with similar capital value and cost.
5    (j) A county may set forth standards for construction, 
6repair, decommissioning, or deconstruction of a commercial 
7wind energy facility or commercial solar energy facility 
8within its boundaries. Any [Except as otherwise provided in ]
9[this Section, a county shall not require] standards for
10construction, repair, decommissioning, or deconstruction of a
11commercial wind energy facility or commercial solar energy
12facility imposed by a county must satisfy the minimum 
13standards set forth [or related financial assurances that are ]
14[more restrictive than those included] in the Department of
15Agriculture's standard wind farm agricultural impact
16mitigation agreement, template 81818, or standard solar
17agricultural impact mitigation agreement, version 8.19.19, as
18applicable and in effect on December 31, 2022, or the most 
19recent version of the mitigation agreements if any subsequent 
20version has been adopted after December 31, 2022. The amount
21of any decommissioning payment shall be in accordance with the
22financial assurance required by this Section [those ]
23[agricultural impact mitigation agreements].
24    (j-5) Each [A] commercial wind energy facility or a
25commercial solar energy facility shall require [file] a farmland
26drainage plan approved by [with] the county and impacted
		HB3563	- 14 -	LRB104 09862 RTM 19930 b
1drainage districts that outlines [outlining] how surface and
2subsurface drainage of farmland will be restored during and
3following construction or deconstruction of the facility. The
4plan is to be created by an independent consultant, selected 
5by the county, and paid for [independently] by the facility
6developer and shall include the location of any potentially
7impacted drainage district facilities to the extent this
8information is publicly available from the county or the
9drainage district, plans to repair any subsurface drainage
10affected during construction or deconstruction using
11procedures outlined in the agricultural impact mitigation
12agreement entered into by the commercial wind energy facility
13owner or commercial solar energy facility owner, and
14procedures for the repair and restoration of surface drainage
15affected during construction or deconstruction. All surface
16and subsurface damage shall be repaired as soon as reasonably
17practicable. The county and impacted drainage districts shall 
18complete review of the farmland drainage plan within 60 days 
19after submission of the plan to the county. Upon completion of 
20review, the county and impacted drainage districts shall issue 
21a written determination to the facility developer either 
22approving the plan or specifically identifying the reason for 
23denial of the plan.
24    (j-10) In accordance with the Renewable Energy Facilities 
25Agricultural Impact Mitigation Act, a facility owner shall 
26provide the county in which a commercial solar energy facility 
		HB3563	- 15 -	LRB104 09862 RTM 19930 b
1or commercial wind energy facility to be located, a 
2deconstruction plan that has been prepared by a professional 
3engineer, as defined in Section 10 of the Renewable Energy 
4Facilities Agricultural Impact Mitigation Act, who has been 
5selected by the facility owner. The deconstruction plan shall 
6contain information that satisfies each of the components of 
7deconstruction as set forth in the definition of 
8"deconstruction" and "deconstruction plan" and in the 
9construction and deconstruction standards and policies of the 
10Department of Agriculture's standard wind farm agricultural 
11impact mitigation agreement, template 81818, or standard solar 
12agricultural impact mitigation agreement, version 8.19.19, as 
13applicable and in effect on December 31, 2022, or the most 
14recent version of the mitigation agreements if any subsequent 
15version has been adopted after December 31, 2022. The county 
16shall have its own professional engineer review the 
17deconstruction plan and either approve or reject the 
18deconstruction plan within 60 days after a complete submittal. 
19If the deconstruction plan is rejected, the county shall 
20provide a written statement of the specific reasons for 
21rejection. The facility owner may file a revised 
22deconstruction plan that addresses the specific reasons that 
23led to the rejection of the deconstruction plan. The county 
24shall review and act on any revised deconstruction plan within 
2530 days after it is resubmitted. The facility owner shall 
26reevaluate the estimated costs of deconstruction of any 
		HB3563	- 16 -	LRB104 09862 RTM 19930 b
1facility after the fifth anniversary, and every 5 years 
2thereafter, of the commercial operation date. The facility 
3owner shall file with the county on or before the end of the 
4fifth year of commercial operation, and then every fifth year 
5thereafter, for approval by the county, an updated 
6deconstruction plan prepared by a professional engineer who 
7has been selected by the county. Based on an initial 
8evaluation or reevaluation during the county approval process, 
9the county may require changes in the level of financial 
10assurance used to calculate the financial assurance level 
11described in this Section required from the facility owner. If 
12the county is unable to perform, to its satisfaction, the 
13investigations of the content of the deconstruction plan 
14necessary to approve the deconstruction plan filed by the 
15facility owner, then the county and facility may mutually 
16agree on the selection of a professional engineer independent 
17of the facility owner to conduct any necessary investigations 
18of the content of the deconstruction plan necessary to approve 
19the deconstruction plan. The facility owner shall be 
20responsible for the cost of the preparation of the 
21deconstruction plan by its professional engineer or any 
22independent professional engineer and the cost of any plan 
23reviews by the professional engineer selected by the county. A 
24commercial solar energy facility owner or commercial wind 
25energy facility owner shall provide the county with an 
26appropriate financial assurance mechanism consistent with the 
		HB3563	- 17 -	LRB104 09862 RTM 19930 b
1financial requirements of this subsection, which shall be set 
2forth in the Department of Agriculture's standard wind farm 
3agricultural impact mitigation agreement, template 81818, or 
4standard solar agricultural impact mitigation agreement, 
5version 8.19.19, as applicable and in effect on December 31, 
62022, or the most recent version of the mitigation agreements 
7if any subsequent version has been adopted after December 31, 
82022. The financial assurance shall be sufficient to cover the 
9estimated costs of public safety or emergency repairs to the 
10facility if damage to the facility caused by natural disaster 
11or by operational malfunction, and the estimated costs of 
12repairs the deconstruction of the facility in the event of 
13abandonment of a commercial wind energy facility or 
14abandonment of a commercial solar energy facility, as defined 
15in Section 10 of the Renewable Energy Facilities Agricultural 
16Impact Mitigation Act. The facility owner shall provide the 
17county with the initial financial assurance to cover 100% of 
18the estimated deconstruction costs prior to the commercial 
19operation date. A county may use the financial assurance 
20provided by the facility owner to cover public safety or 
21emergency repairs that are not timely addressed by the 
22facility owner, as determined by the county's designated 
23representative. In the event that a county must use a portion 
24of the financial assurance to address any public safety or 
25emergency repairs or to deconstruct a portion of the facility, 
26the facility owner shall replenish the financial assurance for 
		HB3563	- 18 -	LRB104 09862 RTM 19930 b
1the amount used within 60 days after the expenditure of the 
2financial assurance consistent with the Department's standard 
3agricultural impact mitigation agreement. The purpose of the 
4financial assurance shall be for and to assure deconstruction 
5in the event of an abandonment of a commercial solar energy 
6facility or commercial wind energy facility or to cover the 
7estimated costs of public safety or emergency repairs to the 
8facility in the event of damage to the facility caused by 
9natural disaster or operational malfunction.
10    (k) A county may not condition approval of a commercial
11wind energy facility or commercial solar energy facility on a
12property value guarantee and may not require a facility owner
13to pay into a neighboring property devaluation escrow account.
14    (l) A county may require certain vegetative screening
15surrounding a commercial wind energy facility or commercial
16solar energy facility but may not require earthen berms or
17similar structures, except that a county may require earth 
18berms for ground-based commercial solar energy projects and 
19may adopt regulations governing the construction and 
20maintenance of such earth berms.
21    (m) A county may set blade tip height limitations for wind
22towers in commercial wind energy facilities but may not set a
23blade tip height limitation that is more restrictive than the
24height allowed under a Determination of No Hazard to Air
25Navigation by the Federal Aviation Administration under 14 CFR
26Part 77.
		HB3563	- 19 -	LRB104 09862 RTM 19930 b
1    (n) A county may require that a commercial wind energy
2facility owner or commercial solar energy facility owner
3provide:
4        (1) the results and recommendations from consultation
5    with the Illinois Department of Natural Resources that are
6    obtained through the Ecological Compliance Assessment Tool
7    (EcoCAT) or a comparable successor tool; and
8        (2) the results of the United States Fish and Wildlife
9    Service's Information for Planning and Consulting
10    environmental review or a comparable successor tool that
11    is consistent with (i) the "U.S. Fish and Wildlife
12    Service's Land-Based Wind Energy Guidelines" and (ii) any
13    applicable United States Fish and Wildlife Service solar
14    wildlife guidelines that have been subject to public
15    review.
16    (o) A county may require a commercial wind energy facility
17or commercial solar energy facility to adhere to the
18recommendations provided by the Illinois Department of Natural
19Resources in an EcoCAT natural resource review report under 17
20Ill. Adm. Code Part 1075.
21    (p) A county may require a facility owner to:
22        (1) demonstrate avoidance of protected lands as
23    identified by the Illinois Department of Natural Resources
24    and the Illinois Nature Preserve Commission; or
25        (2) consider the recommendations of the Illinois
26    Department of Natural Resources for setbacks from
		HB3563	- 20 -	LRB104 09862 RTM 19930 b
1    protected lands, including areas identified by the
2    Illinois Nature Preserve Commission.
3    (q) A county may require that a facility owner provide
4evidence of consultation with the Illinois State Historic
5Preservation Office to assess potential impacts on
6State-registered historic sites under the Illinois State
7Agency Historic Resources Preservation Act.
8    (r) To maximize community benefits, including, but not
9limited to, reduced stormwater runoff, flooding, and erosion
10at the ground mounted solar energy system, improved soil
11health, and increased foraging habitat for game birds,
12songbirds, and pollinators, a county may (1) require a
13commercial solar energy facility owner to plant, establish,
14and maintain for the life of the facility vegetative ground
15cover, consistent with the goals of the Pollinator-Friendly
16Solar Site Act and (2) require the submittal of a vegetation
17management plan that is in compliance with the agricultural
18impact mitigation agreement in the application to construct
19and operate a commercial solar energy facility in the county
20if the vegetative ground cover and vegetation management plan
21comply with the requirements of the underlying agreement with
22the landowner or landowners where the facility will be
23constructed.
24    No later than 90 days after January 27, 2023 (the
25effective date of Public Act 102-1123), the Illinois
26Department of Natural Resources shall develop guidelines for
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1vegetation management plans that may be required under this
2subsection for commercial solar energy facilities. The
3guidelines must include guidance for short-term and long-term
4property management practices that provide and maintain native
5and non-invasive naturalized perennial vegetation to protect
6the health and well-being of pollinators.
7    (s) If a facility owner enters into a road use agreement
8with the Illinois Department of Transportation, a road
9district, or other unit of local government relating to a
10commercial wind energy facility or a commercial solar energy
11facility, the road use agreement shall require the facility
12owner to be responsible for (i) the reasonable cost of
13improving roads used by the facility owner to construct the
14commercial wind energy facility or the commercial solar energy
15facility and (ii) the reasonable cost of repairing roads used
16by the facility owner during construction of the commercial
17wind energy facility or the commercial solar energy facility
18so that those roads are in a condition that is safe for the
19driving public after the completion of the facility's
20construction. Roadways improved in preparation for and during
21the construction of the commercial wind energy facility or
22commercial solar energy facility shall be repaired and
23restored to the improved condition at the reasonable cost of
24the developer if the roadways have degraded or were damaged as
25a result of construction-related activities.
26    The road use agreement shall not require the facility
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1owner to pay costs, fees, or charges for road work that is not
2specifically and uniquely attributable to the construction of
3the commercial wind energy facility or the commercial solar
4energy facility. Road-related fees, permit fees, or other
5charges imposed by the Illinois Department of Transportation,
6a road district, or other unit of local government under a road
7use agreement with the facility owner shall be reasonably
8related to the cost of administration of the road use
9agreement.
10    (s-5) The facility owner shall also compensate landowners
11for crop losses or other agricultural damages resulting from
12damage to the drainage system caused by the construction of
13the commercial wind energy facility or the commercial solar
14energy facility. The commercial wind energy facility owner or
15commercial solar energy facility owner shall repair or pay for
16the repair of all damage to the subsurface drainage system
17caused by the construction of the commercial wind energy
18facility or the commercial solar energy facility in accordance
19with the agriculture impact mitigation agreement requirements
20for repair of drainage. The commercial wind energy facility
21owner or commercial solar energy facility owner shall repair
22or pay for the repair and restoration of surface drainage
23caused by the construction or deconstruction of the commercial
24wind energy facility or the commercial solar energy facility
25as soon as reasonably practicable.
26    (t) Notwithstanding any other provision of law, a facility
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1owner with siting approval from a county to construct a
2commercial wind energy facility or a commercial solar energy
3facility is authorized to cross or impact a drainage system,
4including, but not limited to, drainage tiles, open drainage
5ditches, culverts, and water gathering vaults, owned or under
6the control of a drainage district under the Illinois Drainage
7Code, if the facility owner has obtained prior approval of a 
8farmland drainage plan approved by a county, the impacted 
9drainage districts, or both the county and the impacted 
10drainage district [without obtaining prior agreement or ]
11[approval from the drainage district] in accordance with the
12farmland drainage plan required by subsection (j-5).
13    (u) The amendments to this Section adopted in Public Act
14102-1123 do not apply to: (1) an application for siting
15approval or for a special use permit for a commercial wind
16energy facility or commercial solar energy facility if the
17application was submitted to a unit of local government before
18January 27, 2023 (the effective date of Public Act 102-1123);
19(2) a commercial wind energy facility or a commercial solar
20energy facility if the facility owner has submitted an
21agricultural impact mitigation agreement to the Department of
22Agriculture before January 27, 2023 (the effective date of
23Public Act 102-1123); or (3) a commercial wind energy or
24commercial solar energy development on property that is
25located within an enterprise zone certified under the Illinois
26Enterprise Zone Act, that was classified as industrial by the
		HB3563	- 24 -	LRB104 09862 RTM 19930 b
1appropriate zoning authority on or before January 27, 2023,
2and that is located within 4 miles of the intersection of
3Interstate 88 and Interstate 39.
4(Source: P.A. 102-1123, eff. 1-27-23; 103-81, eff. 6-9-23;
5103-580, eff. 12-8-23; revised 7-29-24.)
6    Section 15. The Renewable Energy Facilities Agricultural
7Impact Mitigation Act is amended by changing Sections 10 and
815 as follows:
9    (505 ILCS 147/10)
10    Sec. 10. Definitions. As used in this Act:
11    "Abandonment of a commercial wind energy facility" means
12when deconstruction has not been completed within 18 months
13after the commercial wind energy facility reaches the end of
14its useful life. For purposes of this definition, a commercial
15wind energy facility will be presumed to have reached the end
16of its useful life if (1) no electricity is generated for a
17continuous period of 12 months and (2) the commercial wind
18energy facility owner fails, for a period of 6 consecutive
19months, to pay the landowner amounts owed in accordance with
20the underlying agreement.
21    "Abandonment of a commercial solar energy facility" means
22when deconstruction has not been completed within 12 months
23after the commercial solar energy facility reaches the end of
24its useful life. For purposes of this definition, a commercial
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1solar energy facility shall be presumed to have reached the
2end of its useful life if the commercial solar energy facility
3owner fails, for a period of 6 consecutive months, to pay the
4landowner amounts owed in accordance with the underlying
5agreement.
6    "Agricultural impact mitigation agreement" means an
7agreement between the commercial wind energy facility owner or
8the commercial solar energy facility owner and the Department
9of Agriculture described in Section 15 of this Act.
10    "Commercial renewable energy facility" means a commercial
11wind energy facility or commercial solar energy facility as
12defined in this Act.
13    "Commercial solar energy facility" means a solar energy
14conversion facility equal to or greater than 500 kilowatts in
15total nameplate capacity, including a solar energy conversion
16facility seeking an extension of a permit to construct granted
17by a county or municipality before the effective date of this
18amendatory Act of the 100th General Assembly. "Commercial
19solar energy facility" does not include a solar energy
20conversion facility: (1) for which a permit to construct has
21been issued before the effective date of this amendatory Act
22of the 100th General Assembly; (2) that is located on land
23owned by the commercial solar energy facility owner; (3) that
24was constructed before the effective date of this amendatory
25Act of the 100th General Assembly; or (4) that is located on
26the customer side of the customer's electric meter and is
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1primarily used to offset that customer's electricity load and
2is limited in nameplate capacity to less than or equal to 2,000
3kilowatts.
4    "Commercial solar energy facility owner" means a private
5commercial enterprise that owns a commercial solar energy
6facility. A commercial solar energy facility owner is not nor
7shall it be deemed to be a public utility as defined in the
8Public Utilities Act.
9    "Commercial wind energy facility" means a wind energy
10conversion facility of equal or greater than 500 kilowatts in
11total nameplate generating capacity. "Commercial wind energy
12facility" includes a wind energy conversion facility seeking
13an extension of a permit to construct granted by a county or
14municipality before the effective date of this Act.
15"Commercial wind energy facility" does not include a wind
16energy conversion facility: (1) that has submitted a complete
17permit application to a county or municipality and for which
18the hearing on the completed application has commenced on the
19date provided in the public hearing notice, which must be
20before the effective date of this Act; (2) for which a permit
21to construct has been issued before the effective date of this
22Act; or (3) that was constructed before the effective date of
23this Act.
24    "Commercial wind energy facility owner" means a private
25commercial enterprise that owns or operates a commercial wind
26energy facility. A commercial wind energy facility owner is
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1not nor shall it be deemed to be a public utility as defined in
2the Public Utilities Act.
3    "Construction" means the installation, preparation for
4installation, or repair of a commercial renewable energy
5facility.
6    "County" means the county where the commercial renewable
7energy facility is located.
8    "Deconstruction" means the removal of a commercial
9renewable energy facility from the property of a landowner and
10the restoration of that property as provided in the
11agricultural impact mitigation agreement.
12    "Department" means the Department of Agriculture.
13    "Financial assurance" means a reclamation or surety bond, 
14including both performance bond obligations and payment bond 
15obligations or an irrevocable letter of credit or other 
16commercially available financial assurance that is acceptable 
17to the county, with the county or landowner as beneficiary.
18    "Landowner" means any person (1) with an ownership
19interest in property that is used for agricultural purposes
20and (2) that is a party to an underlying agreement.
21    "Underlying agreement" means the written agreement with a
22landowner, including, but not limited to, an easement, option,
23lease, or license, under the terms of which another person has
24constructed, constructs, or intends to construct a commercial
25wind energy facility or commercial solar energy facility on
26the property of the landowner.
		HB3563	- 28 -	LRB104 09862 RTM 19930 b
1(Source: P.A. 99-132, eff. 7-24-15; 100-598, eff. 6-29-18.)
2    (505 ILCS 147/15)
3    Sec. 15. Agricultural impact mitigation agreement.
4    (a) A commercial renewable energy facility owner of a
5commercial wind energy facility or a commercial solar energy
6facility that is located on landowner property shall enter
7into an agricultural impact mitigation agreement with the
8Department outlining construction and deconstruction standards
9and policies designed to preserve the integrity of any
10agricultural land that is impacted by commercial renewable
11energy facility construction and deconstruction. The
12construction and deconstruction of any commercial solar energy
13facility shall be in conformance with the Department's
14standard agricultural impact mitigation agreement referenced
15in subsection (f) of this Section and any additional standards 
16set forth by the county in which the facility is to be located 
17in accordance with subsection (j) of Section 5-12020 of the 
18Counties Code. Except as provided in subsection (a-5) of this
19Section, the terms and conditions of the Department's standard
20agricultural impact mitigation agreement are subject to and
21may be modified by an underlying agreement between the
22landowner and the commercial solar energy facility owner.
23    (a-5) Prior to the commencement of construction, a
24commercial renewable energy facility owner of a commercial 
25wind energy facility or a commercial solar energy facility
		HB3563	- 29 -	LRB104 09862 RTM 19930 b
1owner shall submit to the county in which the commercial solar
2facility is to be located a deconstruction plan that has been 
3prepared by a professional engineer, as defined in Section 10 
4of the Renewable Energy Facilities Agricultural Impact 
5Mitigation Act, who has been selected by the facility owner. 
6The deconstruction plan shall contain information that 
7satisfies each of the components of deconstruction as set 
8forth in the definition of "deconstruction" and 
9"deconstruction plan" and in the construction and 
10deconstruction standards and policies of the Department of 
11Agriculture's standard wind farm agricultural impact 
12mitigation agreement, template 81818, or standard solar 
13agricultural impact mitigation agreement, version 8.19.19, as 
14applicable and in effect on December 31, 2022, or the most 
15recent version of the mitigation agreements if any subsequent 
16version has been adopted after December 31, 2022. The county 
17shall have its own professional engineer review the 
18deconstruction plan and either approve or reject the 
19deconstruction plan within 60 days after a complete submittal. 
20If the deconstruction plan is rejected, the county shall 
21provide a written statement of the specific reasons for 
22rejection. The facility owner may file a revised 
23deconstruction plan that addresses the specific reasons that 
24led to the rejection of the deconstruction plan. The county 
25shall review and act on any revised deconstruction plan within 
2630 days after it is resubmitted. The facility owner shall 
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1reevaluate the estimated costs of deconstruction of any 
2facility after the fifth anniversary, and every 5 years 
3thereafter, of the commercial operation date. The facility 
4owner shall file with the county on or before the end of the 
5fifth year of commercial operation, and then every fifth year 
6thereafter, for approval by the county an updated 
7deconstruction plan prepared by a professional engineer who 
8has been selected by the county. Based on any initial 
9evaluation or reevaluation during the county approval process, 
10the county may require changes in the level of financial 
11assurance used to calculate the financial assurance level 
12described in this Section required from the facility owner. If 
13the county is unable to perform, to its satisfaction, the 
14investigations of the content of the deconstruction plan 
15necessary to approve the deconstruction plan filed by the 
16facility owner, then the county and facility may mutually 
17agree on the selection of a professional engineer independent 
18of the facility owner to conduct any necessary investigations 
19of the content of the deconstruction plan necessary to approve 
20the deconstruction plan. The facility owner shall be 
21responsible for the cost of the preparation of the 
22deconstruction plan by its professional engineer or any 
23independent professional engineer and the cost of any plan 
24reviews by the professional engineer selected by the county. A
25commercial solar energy facility owner shall provide the
26county with an appropriate financial assurance mechanism
		HB3563	- 31 -	LRB104 09862 RTM 19930 b
1consistent with the financial requirements set forth in this 
2subsection, which shall be set forth in the Department of 
3Agriculture's [Department's] standard wind farm agricultural
4impact mitigation agreement, template 81818, or standard solar 
5agricultural impact mitigation agreement, version 8.19.19 
6applicable and in effect on December 31, 2022, or the most 
7recent version of the mitigation agreements if any subsequent 
8version have been adopted after December 31, 2022. The 
9financial assurance shall be sufficient to cover the estimated 
10costs of public safety or emergency repairs to the facility in 
11the event of damage to the facility caused by natural disaster 
12or by operational malfunction and the estimated costs of 
13repairs the deconstruction of the facility in the event of 
14abandonment of the facility, as defined in Section 10 of the 
15Renewable Energy Facilities Agricultural Impact Mitigation 
16Act. The facility owner shall provide the county with the 
17initial financial assurance to cover 100% of the estimated 
18deconstruction costs prior to the commercial operation date. A 
19county may use the financial assurance provided by the 
20facility owner to cover public safety or emergency repairs 
21that are not timely addressed by the facility owner, as 
22determined by the county's designated representative. In the 
23event that a county must use a portion of the financial 
24assurance to address any public safety or emergency repairs or 
25to deconstruct a portion of the facility. The facility owner 
26shall replenish the financial assurance for the amount used 
		HB3563	- 32 -	LRB104 09862 RTM 19930 b
1within 60 days after the expenditure of the financial 
2assurance. The purpose of the financial assurance shall be for
3and to assure deconstruction in the event of an abandonment of
4a commercial solar energy facility or commercial wind energy 
5facility or to cover the estimated costs of public safety or 
6emergency repairs to the facility in the event of damage to the 
7facility caused by natural disaster or by operational 
8malfunction.
9    (b) The agricultural impact mitigation agreement for a
10commercial wind energy facility shall include, but is not
11limited to, such items as restoration of agricultural land
12affected by construction, deconstruction (including upon
13abandonment of a commercial wind energy facility), public 
14safety or emergency repairs to the facility in the event of 
15damage to the facility caused by natural disaster or by 
16operational malfunction, construction staging, and storage
17areas; support structures; aboveground facilities; guy wires
18and anchors; underground cabling depth; topsoil replacement;
19protection and repair of agricultural drainage tiles; rock
20removal; repair of compaction and rutting; land leveling;
21prevention of soil erosion; repair of damaged soil
22conservation practices; compensation for damages to private
23property; clearing of trees and brush; interference with
24irrigation systems; access roads; weed control; pumping of
25water from open excavations; advance notice of access to
26private property; indemnification of landowners; and
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1deconstruction plans and financial assurance for
2deconstruction (including upon abandonment of a commercial
3wind energy facility) and for public safety or emergency 
4repairs to the facility in the event of damage to the facility 
5caused by natural disaster or by operational malfunction.
6    (b-5) The agricultural impact mitigation agreement for a
7commercial solar energy facility shall include, but is not
8limited to, such items as restoration of agricultural land
9affected by construction, deconstruction (including upon
10abandonment of a commercial solar energy facility); to cover 
11the estimated costs of public safety or emergency repairs to 
12the facility in the event of damage to the facility caused by 
13natural disaster or by operational malfunction; support
14structures; aboveground facilities; guy wires and anchors;
15underground cabling depth; topsoil removal and replacement;
16rerouting and permanent repair of agricultural drainage tiles;
17rock removal; repair of compaction and rutting; construction
18during wet weather; land leveling; prevention of soil erosion;
19repair of damaged soil conservation practices; compensation
20for damages to private property; clearing of trees and brush;
21access roads; weed control; advance notice of access to
22private property; indemnification of landowners; and
23deconstruction plans and financial assurance for
24deconstruction (including upon abandonment of a commercial
25solar energy facility) and for public safety or emergency 
26repairs to the facility in the event of damage to the facility 
		HB3563	- 34 -	LRB104 09862 RTM 19930 b
1caused by natural disaster or by operational malfunction. The
2commercial solar energy facility owner shall enter into one
3agricultural impact mitigation agreement for each commercial
4solar energy facility.
5    (c) For commercial wind energy facility owners seeking a
6permit from a county or municipality for the construction of a
7commercial wind energy facility, the agricultural impact
8mitigation agreement shall be entered into prior to the public
9hearing required prior to a siting decision of a county or
10municipality regarding the commercial wind energy facility.
11The agricultural impact mitigation agreement is binding on any
12subsequent commercial wind energy facility owner that takes
13ownership of the commercial wind energy facility that is the
14subject of the agreement.
15    (c-5) A commercial solar energy facility owner shall, not
16less than 45 days prior to commencement of actual
17construction, submit to the Department a standard agricultural
18impact mitigation agreement as referenced in subsection (f) of
19this Section signed by the commercial solar energy facility
20owner and including all information required by the
21Department. The commercial solar energy facility owner shall
22provide either a copy of that submitted agreement or a copy of
23the fully executed project-specific agricultural impact
24mitigation agreement to the landowner not less than 30 days
25prior to the commencement of construction. The agricultural
26impact mitigation agreement is binding on any subsequent
		HB3563	- 35 -	LRB104 09862 RTM 19930 b
1commercial solar energy facility owner that takes ownership of
2the commercial solar energy facility that is the subject of
3the agreement.
4    (d) If a commercial renewable energy facility owner seeks
5an extension of a permit granted by a county or municipality
6for the construction of a commercial wind energy facility
7prior to the effective date of this Act, the agricultural
8impact mitigation agreement shall be entered into prior to a
9decision by the county or municipality to grant the permit
10extension.
11    (e) The Department may adopt rules that are necessary and
12appropriate for the implementation and administration of
13agricultural impact mitigation agreements as required under
14this Act.
15    (f) The Department shall make available on its website a
16standard agricultural impact mitigation agreement applicable
17to all commercial solar energy facilities within 60 days after
18the effective date of this amendatory Act of the 100th General
19Assembly. The standard agricultural impact mitigation 
20agreements shall be amended as needed to conform with the 
21financial assurance procedures and requirements under 
22subsection (j-10) of Section 5-12020 of the Counties Code.
23    (g) Nothing in this amendatory Act of the 100th General
24Assembly and nothing in an agricultural impact mitigation
25agreement shall be construed to apply to or otherwise impair
26an underlying agreement for a commercial solar energy facility
		HB3563	- 36 -	LRB104 09862 RTM 19930 b
1entered into prior to the effective date of this amendatory
2Act of the 100th General Assembly.
3(Source: P.A. 99-132, eff. 7-24-15; 100-598, eff. 6-29-18.)