summary
Introduced
02/07/2025
02/07/2025
In Committee
02/18/2025
02/18/2025
Crossed Over
Passed
Dead
Introduced Session
104th General Assembly
Bill Summary
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.
AI Summary
This bill amends the Illinois Counties Code and the Renewable Energy Facilities Agricultural Impact Mitigation Act to establish comprehensive regulations for commercial wind and solar energy facilities. The bill requires that such facilities proposed in unincorporated areas adjacent to municipal boundaries either be annexed to the municipality or be subject to the municipality's zoning regulations. It establishes detailed requirements for facility siting, including specific setback distances from residences, community buildings, and property lines. The bill mandates that facilities must obtain a National Pollution Discharge Elimination System (NPDES) permit if they will disturb more than one acre of land. Facility owners must now provide counties with a deconstruction plan prepared by a professional engineer, which must be reviewed and approved within 60 days. The bill also introduces comprehensive financial assurance requirements, requiring facility owners to provide 100% of estimated deconstruction costs prior to the commercial operation date and establish mechanisms for addressing potential public safety issues or emergency repairs. Additionally, the legislation requires vegetation management plans for solar facilities, aims to maximize community benefits like reduced stormwater runoff and increased pollinator habitat, and sets standards for road use, drainage system impacts, and agricultural land preservation during facility construction and deconstruction.
Sponsors (1)
Last Action
Referred to Rules Committee (on 02/18/2025)
bill text
bill summary
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bill summary
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bill summary
| Document Type | Source Location |
|---|---|
| State Bill Page | https://www.ilga.gov/legislation/BillStatus.asp?DocNum=3563&GAID=18&DocTypeID=HB&SessionID=114&GA=104 |
| BillText | https://www.ilga.gov/legislation/104/HB/10400HB3563.htm |
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