summary
Introduced
02/06/2026
02/06/2026
In Committee
02/13/2026
02/13/2026
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 a request for modification of an approved siting or special use permit complies 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 where a commercial solar energy facility or commercial wind energy facility is to be located with 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 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 of specified provisions of the Code. Makes other changes.
AI Summary
This bill modifies existing laws to establish clearer regulations for commercial wind and solar energy facilities, particularly concerning their placement and environmental impact. Key provisions include requiring facilities in unincorporated areas near a municipality to either be annexed by that municipality or adhere to its zoning regulations. It also mandates that any facility disturbing over one acre of land must obtain a National Pollution Discharge Elimination System (NPDES) permit from the Illinois Environmental Protection Agency (IEPA) to manage potential water pollution. Furthermore, facility owners must provide a deconstruction plan, prepared by a professional engineer, to the county where the facility is located, and counties are empowered to adjust financial assurance requirements for facility owners based on evaluations. The bill also updates agricultural impact mitigation agreements to align with these new financial assurance procedures and requirements, ensuring that the standards for construction, repair, decommissioning, and deconstruction of these facilities are consistent with or exceed those set by the Department of Agriculture.
Sponsors (1)
Last Action
Referred to Rules Committee (on 02/13/2026)
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