Bill Text: IL HB4917 | 2021-2022 | 102nd General Assembly | Introduced
Bill Title: Amends the Renewable Energy Facilities Agricultural Impact Mitigation Act. With respect to an agricultural impact mitigation agreement, requires a commercial renewable energy facility owner of a commercial wind energy facility or a commercial solar energy facility to file with the county or the municipality where the facility will be located a comprehensive agricultural drainage plan that shall mitigate any surface or subsurface drainage impacts on farmland within and outside the footprint of the proposed commercial wind energy facility or a commercial solar energy facility. Effective immediately.
Spectrum: Partisan Bill (Republican 3-0)
Status: (Introduced - Dead) 2022-03-16 - Added Co-Sponsor Rep. David A. Welter [HB4917 Detail]
Download: Illinois-2021-HB4917-Introduced.html
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1 | AN ACT concerning agriculture.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Renewable Energy Facilities Agricultural | |||||||||||||||||||
5 | Impact Mitigation Act is amended by changing Section 15 as | |||||||||||||||||||
6 | follows:
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7 | (505 ILCS 147/15)
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8 | Sec. 15. Agricultural impact mitigation agreement.
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9 | (a) A commercial renewable energy facility owner of a | |||||||||||||||||||
10 | commercial wind energy facility or a commercial solar energy | |||||||||||||||||||
11 | facility that is located on landowner property shall enter | |||||||||||||||||||
12 | into an agricultural impact mitigation agreement with the | |||||||||||||||||||
13 | Department outlining construction and deconstruction standards | |||||||||||||||||||
14 | and policies designed to preserve the integrity of any | |||||||||||||||||||
15 | agricultural land that is impacted by commercial renewable | |||||||||||||||||||
16 | energy facility construction and deconstruction. The | |||||||||||||||||||
17 | construction and deconstruction of any commercial solar energy | |||||||||||||||||||
18 | facility shall be in conformance with the Department's | |||||||||||||||||||
19 | standard agricultural impact mitigation agreement referenced | |||||||||||||||||||
20 | in subsection (f) of this Section. Except as provided in | |||||||||||||||||||
21 | subsection (a-5) of this Section, the terms and conditions of | |||||||||||||||||||
22 | the Department's standard agricultural impact mitigation | |||||||||||||||||||
23 | agreement are subject to and may be modified by an underlying |
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1 | agreement between the landowner and the commercial solar | ||||||
2 | energy facility owner. | ||||||
3 | (a-5) Prior to the commencement of construction, a | ||||||
4 | commercial solar energy facility owner shall submit to the | ||||||
5 | county in which the commercial solar facility is to be located | ||||||
6 | a deconstruction plan. A commercial solar energy facility | ||||||
7 | owner shall provide the county with an appropriate financial | ||||||
8 | assurance mechanism consistent with the Department's standard | ||||||
9 | agricultural impact mitigation agreement for and to assure | ||||||
10 | deconstruction in the event of an abandonment of a commercial | ||||||
11 | solar energy facility. | ||||||
12 | (a-10) Prior to entering into an agricultural impact | ||||||
13 | mitigation agreement with the Department, a commercial | ||||||
14 | renewable energy facility owner of a commercial wind energy | ||||||
15 | facility or a commercial solar energy facility shall file with | ||||||
16 | the county or the municipality where the facility will be | ||||||
17 | located a comprehensive agricultural drainage plan that shall | ||||||
18 | mitigate any surface or subsurface drainage impacts on | ||||||
19 | farmland within and outside the footprint of the proposed | ||||||
20 | commercial wind energy facility or a commercial solar energy | ||||||
21 | facility. | ||||||
22 | (b) The agricultural impact mitigation agreement for a | ||||||
23 | commercial wind energy facility shall include, but is not | ||||||
24 | limited to, such items as restoration of agricultural land | ||||||
25 | affected by construction, deconstruction (including upon | ||||||
26 | abandonment of a commercial wind energy facility), |
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1 | construction staging, and storage areas; support structures; | ||||||
2 | aboveground facilities; guy wires and anchors; underground | ||||||
3 | cabling depth; topsoil replacement; protection and repair of | ||||||
4 | agricultural drainage tiles; rock removal; repair of | ||||||
5 | compaction and rutting; land leveling; prevention of soil | ||||||
6 | erosion; repair of damaged soil conservation practices; | ||||||
7 | compensation for damages to private property; clearing of | ||||||
8 | trees and brush; interference with irrigation systems; access | ||||||
9 | roads; weed control; pumping of water from open excavations; | ||||||
10 | advance notice of access to private property; indemnification | ||||||
11 | of landowners; and deconstruction plans and financial | ||||||
12 | assurance for deconstruction (including upon abandonment of a | ||||||
13 | commercial wind energy facility).
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14 | (b-5) The agricultural impact mitigation agreement for a | ||||||
15 | commercial solar energy facility shall include, but is not | ||||||
16 | limited to, such items as restoration of agricultural land | ||||||
17 | affected by construction, deconstruction (including upon | ||||||
18 | abandonment of a commercial solar energy facility); support | ||||||
19 | structures; aboveground facilities; guy wires and anchors; | ||||||
20 | underground cabling depth; topsoil removal and replacement; | ||||||
21 | rerouting and permanent repair of agricultural drainage tiles; | ||||||
22 | rock removal; repair of compaction and rutting; construction | ||||||
23 | during wet weather; land leveling; prevention of soil erosion; | ||||||
24 | repair of damaged soil conservation practices; compensation | ||||||
25 | for damages to private property; clearing of trees and brush; | ||||||
26 | access roads; weed control; advance notice of access to |
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1 | private property; indemnification of landowners; and | ||||||
2 | deconstruction plans and financial assurance for | ||||||
3 | deconstruction (including upon abandonment of a commercial | ||||||
4 | solar energy facility). The commercial solar energy facility | ||||||
5 | owner shall enter into one agricultural impact mitigation | ||||||
6 | agreement for each commercial solar energy facility. | ||||||
7 | (c) For commercial wind energy facility owners seeking a | ||||||
8 | permit from a county or municipality for the construction of a | ||||||
9 | commercial wind energy facility, the agricultural impact | ||||||
10 | mitigation agreement shall be entered into prior to the public | ||||||
11 | hearing required prior to a siting decision of a county or | ||||||
12 | municipality regarding the commercial wind energy facility. | ||||||
13 | The agricultural impact mitigation agreement is binding on any | ||||||
14 | subsequent commercial wind energy facility owner that takes | ||||||
15 | ownership of the commercial wind energy facility that is the | ||||||
16 | subject of the agreement.
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17 | (c-5) A commercial solar energy facility owner shall, not | ||||||
18 | less than 45 days prior to commencement of actual | ||||||
19 | construction, submit to the Department a standard agricultural | ||||||
20 | impact mitigation agreement as referenced in subsection (f) of | ||||||
21 | this Section signed by the commercial solar energy facility | ||||||
22 | owner and including all information required by the | ||||||
23 | Department. The commercial solar energy facility owner shall | ||||||
24 | provide either a copy of that submitted agreement or a copy of | ||||||
25 | the fully executed project-specific agricultural impact | ||||||
26 | mitigation agreement to the landowner not less than 30 days |
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1 | prior to the commencement of construction. The agricultural | ||||||
2 | impact mitigation agreement is binding on any subsequent | ||||||
3 | commercial solar energy facility owner that takes ownership of | ||||||
4 | the commercial solar energy facility that is the subject of | ||||||
5 | the agreement. | ||||||
6 | (d) If a commercial renewable energy facility owner seeks | ||||||
7 | an extension of a permit granted by a county or municipality | ||||||
8 | for the construction of a commercial wind energy facility | ||||||
9 | prior to the effective date of this Act, the agricultural | ||||||
10 | impact mitigation agreement shall be entered into prior to a | ||||||
11 | decision by the county or municipality to grant the permit | ||||||
12 | extension.
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13 | (e) The Department may adopt rules that are necessary and | ||||||
14 | appropriate for the implementation and administration of | ||||||
15 | agricultural impact mitigation agreements as required under | ||||||
16 | this Act.
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17 | (f) The Department shall make available on its website a | ||||||
18 | standard agricultural impact mitigation agreement applicable | ||||||
19 | to all commercial solar energy facilities within 60 days after | ||||||
20 | the effective date of this amendatory Act of the 100th General | ||||||
21 | Assembly. | ||||||
22 | (g) Nothing in this amendatory Act of the 100th General | ||||||
23 | Assembly and nothing in an agricultural impact mitigation | ||||||
24 | agreement shall be construed to apply to or otherwise impair | ||||||
25 | an underlying agreement for a commercial solar energy facility | ||||||
26 | entered into prior to the effective date of this amendatory |
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1 | Act of the 100th General Assembly. | ||||||
2 | (Source: P.A. 99-132, eff. 7-24-15; 100-598, eff. 6-29-18.)
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3 | Section 99. Effective date. This Act takes effect upon | ||||||
4 | becoming law.
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