Sen. Steve Stadelman
Filed: 5/19/2023
 
 


 




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1
AMENDMENT TO HOUSE BILL 3445




2 AMENDMENT NO. ______. Amend House Bill 3445 on page 1, 
3line 5, by inserting "and adding Section 1-129"; and

4on page 173, immediately below line 3, by inserting the 
5following:


6 "(20 ILCS 3855/1-129 new)
7 Sec. 1-129. Policy study.
8 (a) The General Assembly finds that:
9  (1) in 2021, Illinois became the first state in the 
10 Midwest to mandate a clean energy future when it enacted 
11 the Climate and Equitable Jobs Act (Public Act 102-662);
12  (2) through the Climate and Equitable Jobs Act, 
13 Illinois established a plan to completely decarbonize its 
14 energy sector by 2050 in an equitable manner that invests 
15 in the State's workforce;
16  (3) technology in the energy sector continues to 
 
 
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1 advance creating cleaner and more efficient options to 
2 help the State attain the target of 50% renewable energy 
3 by 2040; and
4  (4) while numerous legislative proposals purport to 
5 help the State on its path to equitably attain 100% clean 
6 energy, it is important to have a neutral party with 
7 relevant expertise evaluate each proposal to ensure it is 
8 consistent with the State's goals and maximizes benefits 
9 to Illinois residents.
10 (b) The General Assembly intends:
11  (1) to prioritize the public interest over the profit 
12 motives of utilities and private developers; and
13  (2) to invest in projects that reduce harmful 
14 emissions and contribute to the clean economy. 
15 (c) The Agency shall commission and publish a policy study 
16to evaluate the potential impacts of the proposals described 
17in subsection (g). The potential impacts may include, but are 
18not limited to, support for Illinois' decarbonization goals, 
19the environment, grid reliability, carbon and other pollutant 
20emissions, resource adequacy, long-term and short-term 
21electric rates, environmental justice communities, jobs, and 
22the economy. Where applicable, the study shall address the 
23impact of a proposal with respect to reports by the 
24Midcontinent Independent System Operator, PJM, and National 
25Energy Reliability Council staff that Illinois has begun to 
26experience resource adequacy issues.
 
 
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1 (d) The Agency shall retain the services of technical and 
2policy experts with energy market and other relevant fields of 
3expertise. The technical and policy experts may include the 
4existing planning and procurement consultant and applicable 
5subcontractors and the procurement administrator and 
6applicable subcontractors. The Illinois Commerce Commission, 
7the Illinois Environmental Protection Agency, and the 
8Department of Commerce and Economic Opportunity shall provide 
9support to and consult with the Agency. The Agency may consult 
10with other State agencies, commissions, or task forces as 
11needed. The Agency may consult with and seek assistance from 
12the Regional Transmission Organizations PJM and MISO
13 (e) The Agency may solicit information, including 
14confidential or proprietary information, from entities likely 
15to be impacted by the proposals described in subsection (g) 
16for purposes of this study. Any confidential or proprietary 
17information shall be kept confidential and is not subject to 
18disclosure under the Freedom of Information Act.
19 (f) The Agency shall publish a final policy study no later 
20than February 15, 2024 and suitable copies shall be delivered 
21to the Governor and members of the General Assembly. Prior to 
22publishing the final policy study, the Agency shall publish a 
23preliminary draft of the policy study and provide for a 20-day 
24open public comment period. The Agency shall review public 
25comments and publish a final policy study no later than 20 days 
26after the public comment period ends. The policy study shall 
 
 
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1include policy recommendations to the General Assembly.
2 (g) The policy study shall evaluate the following 
3proposals and may consider or suggest additional or 
4alternative items:
5  (1) House Bill 2132 of the 103rd General Assembly as 
6 it passed out of the House on March 24, 2023 or a similar 
7 pilot program to establish one new utility-scale offshore 
8 wind project capable of producing at least 700,000 
9 megawatt hours annually for at least 20 years in Lake 
10 Michigan that includes an equity and inclusion plan to 
11 create job opportunities for underrepresented populations 
12 in addition to equity investment eligible communities and 
13 a fully executed project labor agreement. The pilot 
14 program may result in an increase in the amounts paid by 
15 eligible retail customers in connection with electric 
16 service that shall not exceed 0.25% of the amount paid per 
17 kilowatt hour by those customers during the year ending 
18 May 31, 2009.
19  (2) Senate Bill 1587 and amendments to Senate Bill 
20 1587 of the 103rd General Assembly filed prior to May 31, 
21 2023 or a similar proposal for the deployment of energy 
22 storage systems supported by the State through the 
23 development of energy storage credit targets for the 
24 Agency to procure on behalf of Illinois electric utilities 
25 from privately owned, large scale energy storage providers 
26 using energy storage contracts of at least 15 year 
 
 
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1 durations based on a competitive energy storage 
2 procurement plan developed by the Agency designed to 
3 enhance overall grid reliability, flexibility and 
4 efficiency, and to lower electricity prices. The plan must 
5 require participants to comply with the equity 
6 accountability system requirements in subsection (c-10) of 
7 Section 1-75 and to submit proof of project labor 
8 agreements. For purposes of this policy study, it should 
9 be assumed that the costs associated with procuring energy 
10 storage credits shall be recovered through tariffed 
11 charges assessed across all retail customers in a uniform 
12 cents per kilowatt hour charge. In addition to large scale 
13 energy storage, the proposal shall also include the 
14 creation of distributed level energy storage programs 
15 through utility tariffs as approved by the Illinois 
16 Commerce Commission. The programs shall include a 
17 residential and a commercial storage program that would 
18 allow customer-sited batteries to provide grid benefits 
19 and cost-savings to ratepayers. The proposal shall also 
20 include a community solar energy storage program intended 
21 to serve as a peak reduction program by utilizing 
22 community solar paired storage projects deployed daily in 
23 summer months during peak hours. The installation of the 
24 energy storage systems associated with these distributed 
25 renewable systems must comply with the prevailing wage 
26 requirements described in subparagraph (Q) of paragraph 
 
 
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1 (1) of subsection (c) of Section 1-75.
2  (3) Reforms to the Agency's capacity procurement 
3 process described in Senate Bill 2552 of the 103rd General 
4 Assembly, including developing capacity procurement plans 
5 for alternative retail electric suppliers and a capacity 
6 procurement plan designed to ensure long-term resource 
7 adequacy at the lowest environmentally safe cost over 
8 time. The study shall analyze whether the current capacity 
9 programs operated by PJM and MISO are effectively serving 
10 the ratepayers of Illinois and whether changes are needed 
11 to the way in which capacity is procured in Illinois. The 
12 study shall evaluate the effectiveness of the potential 
13 for new capacity procurement processes, as contemplated by 
14 this proposal, at the Agency to provide for reliable and 
15 costs effective energy service by guaranteeing adequate 
16 capacity reserves compared to those operated by PJM and 
17 MISO.
18  (4) A policy granting incumbent electric transmission 
19 owners the right to construct, own, and maintain electric 
20 transmission lines approved for construction in a 
21 comprehensive transmission plan designed to connect 
22 facilities owned by the incumbent electric transmission 
23 owner under the functional control of a regional 
24 transmission operator. The policy must include the right 
25 for an incumbent electric transmission line owner to 
26 assign its right to construct, own, and maintain an 
 
 
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1 electric transmission line to a transmission affiliate. 
2 The study shall report on the issues arising from 
3 oversight of the Illinois grid being split between 2 
4 different regional transmission operators and the 
5 challenges that causes regarding proper transmission 
6 planning and in infrastructure investment to support 
7 existing and new electric generation facilities that do 
8 not emit carbon dioxide, including renewable energy 
9 resources. The study shall also report on the differences 
10 and relative effectiveness between PJM and MISO on their 
11 capacity and transmission planning. The study shall also 
12 evaluate the rate impact, timeliness, and efficiency of 
13 transmission line projects, in other states if necessary, 
14 constructed by public utilities compared to those 
15 constructed by private entities.
16  As used in this paragraph:
17  "Electric transmission line" means a transmission line 
18 that is designed and constructed with the capability of 
19 being safely and reliably energized at 100 kilovolts or 
20 more and its associated transmission facilities, including 
21 transmission substations. 
22  "Incumbent electric transmission line" means any 
23 public utility or electric cooperative that owns, 
24 operates, and maintains at least one electric transmission 
25 line in this State.
26  (5) A policy establishing high voltage direct current 
 
 
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1 renewable energy credits that requires the Agency to 
2 procure contracts with at least 25 years but no more than 
3 40 years duration for the delivery of renewable energy 
4 credits on behalf of electric utilities in Illinois with 
5 at least 300,000 customers from a high voltage direct 
6 current transmission facility with more than 100 miles of 
7 underground transmission lines in this State capable of 
8 transmitting electricity at or above 525 kilovolts and 
9 delivering power in the PJM market. High voltage direct 
10 current renewable energy credits procured by the Agency 
11 pursuant to this policy would not count toward the 
12 renewable energy credit purchase targets in subsection (c) 
13 of Section 1-75. The study shall also evaluate the power 
14 price impact, including net rate impact, to Illinois 
15 ratepayers. The study shall evaluate whether a 25-year to 
16 40-year guaranteed contract is necessary to build such a 
17 project. The study shall also evaluate whether the policy 
18 creates incentives for renewable development in states 
19 that do not share Illinois' commitment to fair labor and 
20 equity standards. 

21 Section 10. The Illinois Procurement Code is amended by 
22changing Section 1-10 as follows:


23 (30 ILCS 500/1-10)

 
24 Sec. 1-10. Application. 

 
 
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1 (a) This Code applies only to procurements for which 
2bidders, offerors, potential contractors, or contractors were 
3first
solicited on or after July 1, 1998. This Code shall not 
4be construed to affect
or impair any contract, or any 
5provision of a contract, entered into based on a
solicitation 
6prior to the implementation date of this Code as described in

7Article 99, including, but not limited to, any covenant 
8entered into with respect
to any revenue bonds or similar 
9instruments.
All procurements for which contracts are 
10solicited between the effective date
of Articles 50 and 99 and 
11July 1, 1998 shall be substantially in accordance
with this 
12Code and its intent.

13 (b) This Code shall apply regardless of the source of the 
14funds with which
the contracts are paid, including federal 
15assistance moneys. This
Code shall
not apply to:

16  (1) Contracts between the State and its political 
17 subdivisions or other
governments, or between State 
18 governmental bodies, except as specifically provided in 
19 this Code.

20  (2) Grants, except for the filing requirements of 
21 Section 20-80.

22  (3) Purchase of care, except as provided in Section 
23 5-30.6 of the Illinois Public Aid
Code and this Section.

24  (4) Hiring of an individual as an employee and not as 
25 an independent
contractor, whether pursuant to an 
26 employment code or policy or by contract
directly with 
 
 
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1 that individual.

2  (5) Collective bargaining contracts.

3  (6) Purchase of real estate, except that notice of 
4 this type of contract with a value of more than $25,000 
5 must be published in the Procurement Bulletin within 10 
6 calendar days after the deed is recorded in the county of 
7 jurisdiction. The notice shall identify the real estate 
8 purchased, the names of all parties to the contract, the 
9 value of the contract, and the effective date of the 
10 contract.

11  (7) Contracts necessary to prepare for anticipated 
12 litigation, enforcement
actions, or investigations, 
13 provided
that the chief legal counsel to the Governor 
14 shall give his or her prior
approval when the procuring 
15 agency is one subject to the jurisdiction of the
Governor, 
16 and provided that the chief legal counsel of any other 
17 procuring
entity
subject to this Code shall give his or 
18 her prior approval when the procuring
entity is not one 
19 subject to the jurisdiction of the Governor.

20  (8) (Blank).

21  (9) Procurement expenditures by the Illinois 
22 Conservation Foundation
when only private funds are used.

23  (10) (Blank). 
24  (11) Public-private agreements entered into according 
25 to the procurement requirements of Section 20 of the 
26 Public-Private Partnerships for Transportation Act and 
 
 
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1 design-build agreements entered into according to the 
2 procurement requirements of Section 25 of the 
3 Public-Private Partnerships for Transportation Act.
4  (12) (A) Contracts for legal, financial, and other 
5 professional and artistic services entered into by the 
6 Illinois Finance Authority in which the State of Illinois 
7 is not obligated. Such contracts shall be awarded through 
8 a competitive process authorized by the members of the 
9 Illinois Finance Authority and are subject to Sections 
10 5-30, 20-160, 50-13, 50-20, 50-35, and 50-37 of this Code, 
11 as well as the final approval by the members of the 
12 Illinois Finance Authority of the terms of the contract.
13  (B) Contracts for legal and financial services entered 
14 into by the Illinois Housing Development Authority in 
15 connection with the issuance of bonds in which the State 
16 of Illinois is not obligated. Such contracts shall be 
17 awarded through a competitive process authorized by the 
18 members of the Illinois Housing Development Authority and 
19 are subject to Sections 5-30, 20-160, 50-13, 50-20, 50-35, 
20 and 50-37 of this Code, as well as the final approval by 
21 the members of the Illinois Housing Development Authority 
22 of the terms of the contract. 
23  (13) Contracts for services, commodities, and 
24 equipment to support the delivery of timely forensic 
25 science services in consultation with and subject to the 
26 approval of the Chief Procurement Officer as provided in 
 
 
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1 subsection (d) of Section 5-4-3a of the Unified Code of 
2 Corrections, except for the requirements of Sections 
3 20-60, 20-65, 20-70, and 20-160 and Article 50 of this 
4 Code; however, the Chief Procurement Officer may, in 
5 writing with justification, waive any certification 
6 required under Article 50 of this Code. For any contracts 
7 for services which are currently provided by members of a 
8 collective bargaining agreement, the applicable terms of 
9 the collective bargaining agreement concerning 
10 subcontracting shall be followed.
11  On and after January 1, 2019, this paragraph (13), 
12 except for this sentence, is inoperative. 
13  (14) Contracts for participation expenditures required 
14 by a domestic or international trade show or exhibition of 
15 an exhibitor, member, or sponsor.
16  (15) Contracts with a railroad or utility that 
17 requires the State to reimburse the railroad or utilities 
18 for the relocation of utilities for construction or other 
19 public purpose. Contracts included within this paragraph 
20 (15) shall include, but not be limited to, those 
21 associated with: relocations, crossings, installations, 
22 and maintenance. For the purposes of this paragraph (15), 
23 "railroad" means any form of non-highway ground 
24 transportation that runs on rails or electromagnetic 
25 guideways and "utility" means: (1) public utilities as 
26 defined in Section 3-105 of the Public Utilities Act, (2) 
 
 
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1 telecommunications carriers as defined in Section 13-202 
2 of the Public Utilities Act, (3) electric cooperatives as 
3 defined in Section 3.4 of the Electric Supplier Act, (4) 
4 telephone or telecommunications cooperatives as defined in 
5 Section 13-212 of the Public Utilities Act, (5) rural 
6 water or waste water systems with 10,000 connections or 
7 less, (6) a holder as defined in Section 21-201 of the 
8 Public Utilities Act, and (7) municipalities owning or 
9 operating utility systems consisting of public utilities 
10 as that term is defined in Section 11-117-2 of the 
11 Illinois Municipal Code. 
12  (16) Procurement expenditures necessary for the 
13 Department of Public Health to provide the delivery of 
14 timely newborn screening services in accordance with the 
15 Newborn Metabolic Screening Act. 
16  (17) Procurement expenditures necessary for the 
17 Department of Agriculture, the Department of Financial and 
18 Professional Regulation, the Department of Human Services, 
19 and the Department of Public Health to implement the 
20 Compassionate Use of Medical Cannabis Program and Opioid 
21 Alternative Pilot Program requirements and ensure access 
22 to medical cannabis for patients with debilitating medical 
23 conditions in accordance with the Compassionate Use of 
24 Medical Cannabis Program Act.
25  (18) This Code does not apply to any procurements 
26 necessary for the Department of Agriculture, the 
 
 
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1 Department of Financial and Professional Regulation, the 
2 Department of Human Services, the Department of Commerce 
3 and Economic Opportunity, and the Department of Public 
4 Health to implement the Cannabis Regulation and Tax Act if 
5 the applicable agency has made a good faith determination 
6 that it is necessary and appropriate for the expenditure 
7 to fall within this exemption and if the process is 
8 conducted in a manner substantially in accordance with the 
9 requirements of Sections 20-160, 25-60, 30-22, 50-5, 
10 50-10, 50-10.5, 50-12, 50-13, 50-15, 50-20, 50-21, 50-35, 
11 50-36, 50-37, 50-38, and 50-50 of this Code; however, for 
12 Section 50-35, compliance applies only to contracts or 
13 subcontracts over $100,000. Notice of each contract 
14 entered into under this paragraph (18) that is related to 
15 the procurement of goods and services identified in 
16 paragraph (1) through (9) of this subsection shall be 
17 published in the Procurement Bulletin within 14 calendar 
18 days after contract execution. The Chief Procurement 
19 Officer shall prescribe the form and content of the 
20 notice. Each agency shall provide the Chief Procurement 
21 Officer, on a monthly basis, in the form and content 
22 prescribed by the Chief Procurement Officer, a report of 
23 contracts that are related to the procurement of goods and 
24 services identified in this subsection. At a minimum, this 
25 report shall include the name of the contractor, a 
26 description of the supply or service provided, the total 
 
 
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1 amount of the contract, the term of the contract, and the 
2 exception to this Code utilized. A copy of any or all of 
3 these contracts shall be made available to the Chief 
4 Procurement Officer immediately upon request. The Chief 
5 Procurement Officer shall submit a report to the Governor 
6 and General Assembly no later than November 1 of each year 
7 that includes, at a minimum, an annual summary of the 
8 monthly information reported to the Chief Procurement 
9 Officer. This exemption becomes inoperative 5 years after 
10 June 25, 2019 (the effective date of Public Act 101-27).
11  (19) Acquisition of modifications or adjustments, 
12 limited to assistive technology devices and assistive 
13 technology services, adaptive equipment, repairs, and 
14 replacement parts to provide reasonable accommodations (i) 
15 that enable a qualified applicant with a disability to 
16 complete the job application process and be considered for 
17 the position such qualified applicant desires, (ii) that 
18 modify or adjust the work environment to enable a 
19 qualified current employee with a disability to perform 
20 the essential functions of the position held by that 
21 employee, (iii) to enable a qualified current employee 
22 with a disability to enjoy equal benefits and privileges 
23 of employment as are enjoyed by other similarly situated 
24 employees without disabilities, and (iv) that allow a 
25 customer, client, claimant, or member of the public 
26 seeking State services full use and enjoyment of and 
 
 
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1 access to its programs, services, or benefits. 
2  For purposes of this paragraph (19):
3  "Assistive technology devices" means any item, piece 
4 of equipment, or product system, whether acquired 
5 commercially off the shelf, modified, or customized, that 
6 is used to increase, maintain, or improve functional 
7 capabilities of individuals with disabilities.
8  "Assistive technology services" means any service that 
9 directly assists an individual with a disability in 
10 selection, acquisition, or use of an assistive technology 
11 device.
12  "Qualified" has the same meaning and use as provided 
13 under the federal Americans with Disabilities Act when 
14 describing an individual with a disability. 
15  (20) Procurement expenditures necessary for the

16 Illinois Commerce Commission to hire third-party

17 facilitators pursuant to Sections 16-105.17 and
16-108.18 
18 of the Public Utilities Act or an ombudsman pursuant to 
19 Section 16-107.5 of the Public Utilities Act, a 
20 facilitator pursuant to Section 16-105.17 of the Public 
21 Utilities Act, or a grid auditor pursuant to Section 
22 16-105.10 of the Public Utilities Act. 
23  (21) Procurement expenditures for the purchase, 
24 renewal, and expansion of software, software licenses, or 
25 software maintenance agreements that support the efforts 
26 of the Illinois State Police to enforce, regulate, and 
 
 
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1 administer the Firearm Owners Identification Card Act, the 
2 Firearm Concealed Carry Act, the Firearms Restraining 
3 Order Act, the Firearm Dealer License Certification Act, 
4 the Law Enforcement Agencies Data System (LEADS), the 
5 Uniform Crime Reporting Act, the Criminal Identification 
6 Act, the Uniform Conviction Information Act, and the Gun 
7 Trafficking Information Act, or establish or maintain 
8 record management systems necessary to conduct human 
9 trafficking investigations or gun trafficking or other 
10 stolen firearm investigations. This paragraph (21) applies 
11 to contracts entered into on or after the effective date 
12 of this amendatory Act of the 102nd General Assembly and 
13 the renewal of contracts that are in effect on the 
14 effective date of this amendatory Act of the 102nd General 
15 Assembly. 
16 Notwithstanding any other provision of law, for contracts 
17with an annual value of more than $100,000 entered into on or 
18after October 1, 2017 under an exemption provided in any 
19paragraph of this subsection (b), except paragraph (1), (2), 
20or (5), each State agency shall post to the appropriate 
21procurement bulletin the name of the contractor, a description 
22of the supply or service provided, the total amount of the 
23contract, the term of the contract, and the exception to the 
24Code utilized. The chief procurement officer shall submit a 
25report to the Governor and General Assembly no later than 
26November 1 of each year that shall include, at a minimum, an 
 
 
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1annual summary of the monthly information reported to the 
2chief procurement officer. 
3 (c) This Code does not apply to the electric power 
4procurement process provided for under Section 1-75 of the 
5Illinois Power Agency Act and Section 16-111.5 of the Public 
6Utilities Act. This Code does not apply to the procurement of 
7technical and policy experts pursuant to Section 1-129 of the 
8Illinois Power Agency Act. 
9 (d) Except for Section 20-160 and Article 50 of this Code, 
10and as expressly required by Section 9.1 of the Illinois 
11Lottery Law, the provisions of this Code do not apply to the 
12procurement process provided for under Section 9.1 of the 
13Illinois Lottery Law. 
14 (e) This Code does not apply to the process used by the 
15Capital Development Board to retain a person or entity to 
16assist the Capital Development Board with its duties related 
17to the determination of costs of a clean coal SNG brownfield 
18facility, as defined by Section 1-10 of the Illinois Power 
19Agency Act, as required in subsection (h-3) of Section 9-220 
20of the Public Utilities Act, including calculating the range 
21of capital costs, the range of operating and maintenance 
22costs, or the sequestration costs or monitoring the 
23construction of clean coal SNG brownfield facility for the 
24full duration of construction.
25 (f) (Blank). 
26 (g) (Blank).
 
 
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1 (h) This Code does not apply to the process to procure or 
2contracts entered into in accordance with Sections 11-5.2 and 
311-5.3 of the Illinois Public Aid Code. 
4 (i) Each chief procurement officer may access records 
5necessary to review whether a contract, purchase, or other 
6expenditure is or is not subject to the provisions of this 
7Code, unless such records would be subject to attorney-client 
8privilege. 
9 (j) This Code does not apply to the process used by the 
10Capital Development Board to retain an artist or work or works 
11of art as required in Section 14 of the Capital Development 
12Board Act. 
13 (k) This Code does not apply to the process to procure 
14contracts, or contracts entered into, by the State Board of 
15Elections or the State Electoral Board for hearing officers 
16appointed pursuant to the Election Code. 
17 (l) This Code does not apply to the processes used by the 
18Illinois Student Assistance Commission to procure supplies and 
19services paid for from the private funds of the Illinois 
20Prepaid Tuition Fund. As used in this subsection (l), "private 
21funds" means funds derived from deposits paid into the 
22Illinois Prepaid Tuition Trust Fund and the earnings thereon. 
23 (m) This Code shall apply regardless of the source of 
24funds with which contracts are paid, including federal 
25assistance moneys. Except as specifically provided in this 
26Code, this Code shall not apply to procurement expenditures 
 
 
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1necessary for the Department of Public Health to conduct the 
2Healthy Illinois Survey in accordance with Section 2310-431 of 
3the Department of Public Health Powers and Duties Law of the 
4Civil Administrative Code of Illinois. 
5(Source: P.A. 101-27, eff. 6-25-19; 101-81, eff. 7-12-19; 
6101-363, eff. 8-9-19; 102-175, eff. 7-29-21; 102-483, eff 
71-1-22; 102-558, eff. 8-20-21; 102-600, eff. 8-27-21; 102-662, 
8eff. 9-15-21; 102-721, eff. 1-1-23; 102-813, eff. 5-13-22; 
9102-1116, eff. 1-10-23.)


10 Section 15. The Counties Code is amended by changing 
11Section 5-12020 as follows:

12 (55 ILCS 5/5-12020)
13 Sec. 5-12020. Commercial wind energy facilities and 
14commercial solar energy facilities. 
15 (a) As used in this Section:
16 "Commercial solar energy facility" means a "commercial 
17solar energy system" as defined in Section 10-720 of the 
18Property Tax Code. "Commercial solar energy facility" does not 
19mean a utility-scale solar energy facility being constructed 
20at a site that was eligible to participate in a procurement 
21event conducted by the Illinois Power Agency pursuant to 
22subsection (c-5) of Section 1-75 of the Illinois Power Agency 
23Act. 
24 "Commercial wind energy facility" means a wind energy 
 
 
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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) this amendatory Act of the 102nd General 
7Assembly.
8 "Facility owner" means (i) a person with a direct 
9ownership interest in a commercial wind energy facility or a 
10commercial solar energy facility, or both, regardless of 
11whether the person is involved in acquiring the necessary 
12rights, permits, and approvals or otherwise planning for the 
13construction and operation of the facility, and (ii) at the 
14time the facility is being developed, a person who is acting as 
15a developer of the facility by acquiring the necessary rights, 
16permits, and approvals or by planning for the construction and 
17operation of the facility, regardless of whether the person 
18will own or operate the facility.
19 "Nonparticipating property" means real property that is 
20not a participating property.
21 "Nonparticipating residence" means a residence that is 
22located on nonparticipating property and that is existing and 
23occupied on the date that an application for a permit to 
24develop the commercial wind energy facility or the commercial 
25solar energy facility is filed with the county.
26 "Occupied community building" means any one or more of the 
 
 
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1following buildings that is existing and occupied on the date 
2that the application for a permit to develop the commercial 
3wind energy facility or the commercial solar energy facility 
4is filed with the county: a school, place of worship, day care 
5facility, public library, or community center.
6 "Participating property" means real property that is the 
7subject of a written agreement between a facility owner and 
8the owner of the real property that provides the facility 
9owner an easement, option, lease, or license to use the real 
10property for the purpose of constructing a commercial wind 
11energy facility, a commercial solar energy facility, or 
12supporting facilities. "Participating property" also includes 
13real property that is owned by a facility owner for the purpose 
14of constructing a commercial wind energy facility, a 
15commercial solar energy facility, or supporting facilities.
16 "Participating residence" means a residence that is 
17located on participating property and that is existing and 
18occupied on the date that an application for a permit to 
19develop the commercial wind energy facility or the commercial 
20solar energy facility is filed with the county.
21 "Protected lands" means real property that is: 
22  (1) subject to a permanent conservation right

23 consistent with the Real Property Conservation Rights Act; 
24 or 
25  (2) registered or designated as a nature preserve,

26 buffer, or land and water reserve under the Illinois 
 
 
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1 Natural Areas Preservation Act. 
2 "Supporting facilities" means the transmission lines, 
3substations, access roads, meteorological towers, storage 
4containers, and equipment associated with the generation and 
5storage of electricity by the commercial wind energy facility 
6or commercial solar energy facility.
7 "Wind tower" includes the wind turbine tower, nacelle, and 
8blades. 
9 (b) Notwithstanding any other provision of law or whether 
10the county has formed a zoning commission and adopted formal 
11zoning under Section 5-12007, a county may establish standards 
12for commercial wind energy facilities, commercial solar energy 
13facilities, or both. The standards may include all of the 
14requirements specified in this Section but may not include 
15requirements for commercial wind energy facilities or 
16commercial solar energy facilities that are more restrictive 
17than specified in this Section. A county may also regulate the 
18siting of commercial wind energy facilities with standards 
19that are not more restrictive than the requirements specified 
20in this Section in unincorporated areas of the county that are 
21outside the zoning jurisdiction of a municipality and that are 
22outside the 1.5-mile radius surrounding the zoning 
23jurisdiction of a municipality. 
24 (c) If a county has elected to establish standards under 
25subsection (b), before the county grants siting approval or a 
26special use permit for a commercial wind energy facility or a 
 
 
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1commercial solar energy facility, or modification of an 
2approved siting or special use permit, the county board of the 
3county in which the facility is to be sited or the zoning board 
4of appeals for the county shall hold at least one public 
5hearing. The public hearing shall be conducted in accordance 
6with the Open Meetings Act and shall be held not more than 60 
745 days after the filing of the application for the facility. 
8The county shall allow interested parties to a special use 
9permit an opportunity to present evidence and to cross-examine 
10witnesses at the hearing, but the county may impose reasonable 
11restrictions on the public hearing, including reasonable time 
12limitations on the presentation of evidence and the 
13cross-examination of witnesses. The county shall also allow 
14public comment at the public hearing in accordance with the 
15Open Meetings Act. The county shall make its siting and 
16permitting decisions not more than 30 days after the 
17conclusion of the public hearing. Notice of the hearing shall 
18be published in a newspaper of general circulation in the 
19county. A facility owner must enter into an agricultural 
20impact mitigation agreement with the Department of Agriculture 
21prior to the date of the required public hearing. A commercial 
22wind energy facility owner seeking an extension of a permit 
23granted by a county prior to July 24, 2015 (the effective date 
24of Public Act 99-132) must enter into an agricultural impact 
25mitigation agreement with the Department of Agriculture prior 
26to a decision by the county to grant the permit extension. 
 
 
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1Counties may allow test wind towers or test solar energy 
2systems to be sited without formal approval by the county 
3board.
4 (d) A county with an existing zoning ordinance in conflict 
5with this Section shall amend that zoning ordinance to be in 
6compliance with this Section within 120 days after January 27, 
72023 (the effective date of Public Act 102-1123) this 
8amendatory Act of the 102nd General Assembly.
9 (e) A county may require: 
10  (1) a wind tower of a commercial wind energy facility 
11 to be sited as follows, with setback distances measured 
12 from the center of the base of the wind tower: 

13Setback Description Setback Distance

14Occupied Community 2.1 times the maximum blade tip
15Buildings height of the wind tower to the
16 nearest point on the outside
17 wall of the structure

18Participating Residences 1.1 times the maximum blade tip
19 height of the wind tower to the
20 nearest point on the outside
21 wall of the structure

22Nonparticipating Residences 2.1 times the maximum blade tip
 
 
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1 height of the wind tower to the
2 nearest point on the outside
3 wall of the structure

4Boundary Lines of None
5Participating Property 

6Boundary Lines of 1.1 times the maximum blade tip
7Nonparticipating Property height of the wind tower to the
8 nearest point on the property
9 line of the nonparticipating
10 property

11Public Road Rights-of-Way 1.1 times the maximum blade tip
12 height of the wind tower
13 to the center point of the
14 public road right-of-way

15Overhead Communication and 1.1 times the maximum blade tip
16Electric Transmission height of the wind tower to the
17and Distribution Facilities nearest edge of the property
18(Not Including Overhead line, easement, or
19Utility Service Lines to right-of-way right of way
20Individual Houses or containing the overhead line
21Outbuildings)

 
 
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1Overhead Utility Service None
2Lines to Individual
3Houses or Outbuildings

4Fish and Wildlife Areas 2.1 times the maximum blade
5and Illinois Nature tip height of the wind tower
6Preserve Commission to the nearest point on the
7Protected Lands property line of the fish and
8 wildlife area or protected
9 land
10 This Section does not exempt or excuse compliance with 
11 electric facility clearances approved or required by the 
12 National Electrical Code, The National Electrical Safety 
13 Code, Illinois Commerce Commission, Federal Energy 
14 Regulatory Commission, and their designees or successors. 

15  (2) a wind tower of a commercial wind energy facility 
16 to be sited so that industry standard computer modeling 
17 indicates that any occupied community building or 
18 nonparticipating residence will not experience more than 
19 30 hours per year of shadow flicker under planned 
20 operating conditions;
21  (3) a commercial solar energy facility to be sited as 
22 follows, with setback distances measured from the nearest 
23 edge of any component of the facility: 

 
 
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1Setback Description Setback Distance

2Occupied Community 150 feet from the nearest
3Buildings and Dwellings on point on the outside wall 
4Nonparticipating Properties of the structure

5Boundary Lines of None
6Participating Property 

7Public Road Rights-of-Way 50 feet from the nearest
8 edge

9Boundary Lines of 50 feet to the nearest
10Nonparticipating Property point on the property
11 line of the nonparticipating
12 property

13  (4) a commercial solar energy facility to be sited so 
14 that the facility's perimeter is enclosed by fencing 
15 having a height of at least 6 feet and no more than 25 
16 feet; and 
17  (5) a commercial solar energy facility to be sited so 
18 that no component of a solar panel has a height of more 
19 than 20 feet above ground when the solar energy facility's 
20 arrays are at full tilt. 
21 The requirements set forth in this subsection (e) may be 
 
 
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1waived subject to the written consent of the owner of each 
2affected nonparticipating property.
3 (f) A county may not set a sound limitation for wind towers 
4in commercial wind energy facilities or any components in 
5commercial solar energy facilities facility that is more 
6restrictive than the sound limitations established by the 
7Illinois Pollution Control Board under 35 Ill. Adm. Code Parts 
8900, 901, and 910.
9 (g) A county may not place any restriction on the 
10installation or use of a commercial wind energy facility or a 
11commercial solar energy facility unless it adopts an ordinance 
12that complies with this Section. A county may not establish 
13siting standards for supporting facilities that preclude 
14development of commercial wind energy facilities or commercial 
15solar energy facilities. 
16 A request for siting approval or a special use permit for a 
17commercial wind energy facility or a commercial solar energy 
18facility, or modification of an approved siting or special use 
19permit, shall be approved if the request is in compliance with 
20the standards and conditions imposed in this Act, the zoning 
21ordinance adopted consistent with this Code, and the 
22conditions imposed under State and federal statutes and 
23regulations. 
24 (h) A county may not adopt zoning regulations that 
25disallow, permanently or temporarily, commercial wind energy 
26facilities or commercial solar energy facilities from being 
 
 
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1developed or operated in any district zoned to allow 
2agricultural or industrial uses. 
3 (i) A county may not require permit application fees for a 
4commercial wind energy facility or commercial solar energy 
5facility that are unreasonable. All application fees imposed 
6by the county shall be consistent with fees for projects in the 
7county with similar capital value and cost. 
8 (j) Except as otherwise provided in this Section, a county 
9shall not require standards for construction, decommissioning, 
10or deconstruction of a commercial wind energy facility or 
11commercial solar energy facility or related financial 
12assurances that are more restrictive than those included in 
13the Department of Agriculture's standard wind farm 
14agricultural impact mitigation agreement, template 81818, or 
15standard solar agricultural impact mitigation agreement, 
16version 8.19.19, as applicable and in effect on December 31, 
172022. The amount of any decommissioning payment shall be in 
18accordance with the financial assurance limited to the cost 
19identified in the decommissioning or deconstruction plan, as 
20required by those agricultural impact mitigation agreements, 
21minus the salvage value of the project. 
22 (j-5) A commercial wind energy facility or a commercial 
23solar energy facility shall file a farmland drainage plan with 
24the county and impacted drainage districts outlining how 
25surface and subsurface drainage of farmland will be restored 
26during and following construction or deconstruction of the 
 
 
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1facility. The plan is to be created independently by the 
2facility developer and shall include the location of any 
3potentially impacted drainage district facilities to the 
4extent this information is publicly available from the county 
5or the drainage district, plans to repair any subsurface 
6drainage affected during construction or deconstruction using 
7procedures outlined in the agricultural impact mitigation 
8agreement entered into by the commercial wind energy facility 
9owner or commercial solar energy facility owner, and 
10procedures for the repair and restoration of surface drainage 
11affected during construction or deconstruction. All surface 
12and subsurface damage shall be repaired as soon as reasonably 
13practicable. 
14 (k) A county may not condition approval of a commercial 
15wind energy facility or commercial solar energy facility on a 
16property value guarantee and may not require a facility owner 
17to pay into a neighboring property devaluation escrow account. 
18 (l) A county may require certain vegetative screening 
19surrounding a commercial wind energy facility or commercial 
20solar energy facility but may not require earthen berms or 
21similar structures. 
22 (m) A county may set blade tip height limitations for wind 
23towers in commercial wind energy facilities but may not set a 
24blade tip height limitation that is more restrictive than the 
25height allowed under a Determination of No Hazard to Air 
26Navigation by the Federal Aviation Administration under 14 CFR 
 
 
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1Part 77.
2 (n) A county may require that a commercial wind energy 
3facility owner or commercial solar energy facility owner 
4provide:
5  (1) the results and recommendations from consultation 
6 with the Illinois Department of Natural Resources that are 
7 obtained through the Ecological Compliance Assessment Tool 
8 (EcoCAT) or a comparable successor tool; and
9  (2) the results of the United States Fish and Wildlife 
10 Service's Information for Planning and Consulting 
11 environmental review or a comparable successor tool that 
12 is consistent with (i) the "U.S. Fish and Wildlife 
13 Service's Land-Based Wind Energy Guidelines" and (ii) any 
14 applicable United States Fish and Wildlife Service solar 
15 wildlife guidelines that have been subject to public 
16 review. 

17 (o) A county may require a commercial wind energy facility 
18or commercial solar energy facility to adhere to the 
19recommendations provided by the Illinois Department of Natural 
20Resources in an EcoCAT natural resource review report under 17 
21Ill. Adm. Admin. Code Part 1075. 
22 (p) A county may require a facility owner to:
23  (1) demonstrate avoidance of protected lands as 
24 identified by the Illinois Department of Natural Resources 
25 and the Illinois Nature Preserve Commission; or
26  (2) consider the recommendations of the Illinois 
 
 
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1 Department of Natural Resources for setbacks from 
2 protected lands, including areas identified by the 
3 Illinois Nature Preserve Commission.
4 (q) A county may require that a facility owner provide 
5evidence of consultation with the Illinois State Historic 
6Preservation Office to assess potential impacts on 
7State-registered historic sites under the Illinois State 
8Agency Historic Resources Preservation Act. 
9 (r) To maximize community benefits, including, but not 
10limited to, reduced stormwater runoff, flooding, and erosion 
11at the ground mounted solar energy system, improved soil 
12health, and increased foraging habitat for game birds, 
13songbirds, and pollinators, a county may (1) require a 
14commercial solar energy facility owner to plant, establish, 
15and maintain for the life of the facility vegetative ground 
16cover, consistent with the goals of the Pollinator-Friendly 
17Solar Site Act and (2) require the submittal of a vegetation 
18management plan that is in compliance with the agricultural 
19impact mitigation agreement in the application to construct 
20and operate a commercial solar energy facility in the county 
21if the vegetative ground cover and vegetation management plan 
22comply with the requirements of the underlying agreement with 
23the landowner or landowners where the facility will be 
24constructed. 
25 No later than 90 days after January 27, 2023 (the 
26effective date of Public Act 102-1123) this amendatory Act of 
 
 
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1the 102nd General Assembly, the Illinois Department of Natural 
2Resources shall develop guidelines for vegetation management 
3plans that may be required under this subsection for 
4commercial solar energy facilities. The guidelines must 
5include guidance for short-term and long-term property 
6management practices that provide and maintain native and 
7non-invasive naturalized perennial vegetation to protect the 
8health and well-being of pollinators. 
9 (s) If a facility owner enters into a road use agreement 
10with the Illinois Department of Transportation, a road 
11district, or other unit of local government relating to a 
12commercial wind energy facility or a commercial solar energy 
13facility, the road use agreement shall require the facility 
14owner to be responsible for (i) the reasonable cost of 
15improving roads used by the facility owner to construct the 
16commercial wind energy facility or the commercial solar energy 
17facility and (ii) the reasonable cost of repairing roads used 
18by the facility owner during construction of the commercial 
19wind energy facility or the commercial solar energy facility 
20so that those roads are in a condition that is safe for the 
21driving public after the completion of the facility's 
22construction. Roadways improved in preparation for and during 
23the construction of the commercial wind energy facility or 
24commercial solar energy facility shall be repaired and 
25restored to the improved condition at the reasonable cost of 
26the developer if the roadways have degraded or were damaged as 
 
 
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1a result of construction-related activities.
2 The road use agreement shall not require the facility 
3owner to pay costs, fees, or charges for road work that is not 
4specifically and uniquely attributable to the construction of 
5the commercial wind energy facility or the commercial solar 
6energy facility. Road-related fees, permit fees, or other 
7charges imposed by the Illinois Department of Transportation, 
8a road district, or other unit of local government under a road 
9use agreement with the facility owner shall be reasonably 
10related to the cost of administration of the road use 
11agreement. 
12 (s-5) The facility owner shall also compensate landowners 
13for crop losses or other agricultural damages resulting from 
14damage to the drainage system caused by the construction of 
15the commercial wind energy facility or the commercial solar 
16energy facility. The commercial wind energy facility owner or 
17commercial solar energy facility owner shall repair or pay for 
18the repair of all damage to the subsurface drainage system 
19caused by the construction of the commercial wind energy 
20facility or the commercial solar energy facility in accordance 
21with the agriculture impact mitigation agreement requirements 
22for repair of drainage. The commercial wind energy facility 
23owner or commercial solar energy facility owner shall repair 
24or pay for the repair and restoration of surface drainage 
25caused by the construction or deconstruction of the commercial 
26wind energy facility or the commercial solar energy facility 
 
 
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1as soon as reasonably practicable. 
2 (t) Notwithstanding any other provision of law, a facility 
3owner with siting approval from a county to construct a 
4commercial wind energy facility or a commercial solar energy 
5facility is authorized to cross or impact a drainage system, 
6including, but not limited to, drainage tiles, open drainage 
7ditches districts, culverts, and water gathering vaults, owned 
8or under the control of a drainage district under the Illinois 
9Drainage Code without obtaining prior agreement or approval 
10from the drainage district in accordance with the farmland 
11drainage plan required by subsection (j-5) , except that the 
12facility owner shall repair or pay for the repair of all damage 
13to the drainage system caused by the construction of the 
14commercial wind energy facility or the commercial solar energy 
15facility within a reasonable time after construction of the 
16commercial wind energy facility or the commercial solar energy 
17facility is complete. 
18 (u) The amendments to this Section adopted in Public Act 
19102-1123 this amendatory Act of the 102nd General Assembly do 
20not apply to (1) an application for siting approval or for a 
21special use permit for a commercial wind energy facility or 
22commercial solar energy facility if the application was 
23submitted to a unit of local government before January 27, 
242023 (the effective date of Public Act 102-1123) this 
25amendatory Act of the 102nd General Assembly or (2) a 
26commercial wind energy facility or a commercial solar energy 
 
 
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1facility if the facility owner has submitted an agricultural 
2impact mitigation agreement to the Department of Agriculture 
3before January 27, 2023 (the effective date of Public Act 
4102-1123) this amendatory Act of the 102nd General Assembly. 
5(Source: P.A. 101-4, eff. 4-19-19; 102-1123, eff. 1-27-23; 
6revised 4-5-23.)


7 Section 99. Effective date. This Act takes effect upon 
8becoming law.".