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Bill > SB2416


IL SB2416

IL SB2416
WIND & SOLAR FACILITY DRAINAGE


summary

Introduced
02/07/2025
In Committee
02/07/2025
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 Counties Code and the Renewable Energy Facilities Agricultural Impact Mitigation Act to establish new requirements for commercial wind and solar energy facilities. The bill requires that such facilities proposed near municipal boundaries either be annexed to the municipality or be subject to its zoning regulations. Counties are now empowered to approve siting or special use permits for these facilities only if they meet specific criteria, including obtaining a National Pollution Discharge Elimination System (NPDES) permit if the project will disturb more than one acre of land. The bill mandates that facility owners provide a detailed deconstruction plan prepared by a professional engineer, which must be reviewed and approved by the county within 60 days. Additionally, facility owners must submit a farmland drainage plan and provide financial assurance to cover potential deconstruction costs and emergency repairs. The legislation also requires facilities to be placed in agricultural or manufacturing zoning districts and allows counties to require vegetative ground cover for solar facilities to support pollinators. The bill aims to balance the development of renewable energy facilities with protection of agricultural lands, local community interests, and environmental considerations, providing a comprehensive framework for the siting and management of commercial wind and solar energy projects in Illinois.

Sponsors (1)

Last Action

Sponsor Removed Sen. Chris Balkema (on 04/07/2025)

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