summary
Introduced
02/05/2026
02/05/2026
In Committee
02/05/2026
02/05/2026
Crossed Over
Passed
Dead
Introduced Session
104th General Assembly
Bill Summary
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.
AI Summary
This bill amends the Counties Code to establish new regulations for the siting of commercial wind energy facilities, commercial solar energy facilities, and energy storage facilities in unincorporated areas within a 3-mile radius of a municipality, requiring municipal approval for such facilities unless specific conditions are met, such as the municipality having determined that the land's soil productivity is not exceptionally high (Soil Productivity Index of 90 or greater) or that the facility operators have not violated environmental regulations like the National Pollutant Discharge Elimination System (NPDES) requirements. The bill also mandates that commercial solar energy facilities must have sufficient fire hydrants as determined by the servicing fire department or county, and sets a minimum setback of 500 feet from the property line of non-residential zoned properties for commercial solar energy facilities and energy storage systems, with similar setbacks for energy storage systems from residential zoned properties. These provisions will take effect on January 1, 2027.
Sponsors (1)
Last Action
Referred to Assignments (on 02/05/2026)
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