Bill Text: IL HB3196 | 2021-2022 | 102nd General Assembly | Introduced

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Bill Title: Amends the Renewable Energy Facilities Agricultural Impact Mitigation Act. Changes the short title to the Agricultural Impact Mitigation Act. Broadens the purpose of the act to include construction and deconstruction of pipelines and electronic transmission lines. Includes pipeline owner and electrical transmission line owner in the definition of "agricultural impact mitigation agreement", "construction", "county", "deconstruction" and "underlying agreement". Defines "Agricultural Inspector", "pipeline owner" and "pipeline". Contains guidelines for pipeline and electronic transmission line owners to address environmental impact before starting construction. Amends the Counties Code and the Illinois Municipal Code to make conforming changes.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2021-11-29 - Rule 19(b) / Motion Referred to Rules Committee [HB3196 Detail]

Download: Illinois-2021-HB3196-Introduced.html

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102ND GENERAL ASSEMBLY State of Illinois 2021 and 2022 HB3196 Introduced , by Rep. Lance Yednock SYNOPSIS AS INTRODUCED:
55 ILCS 5/5-12020
65 ILCS 5/11-13-26
505 ILCS 147/1
505 ILCS 147/5
505 ILCS 147/10
505 ILCS 147/15
Amends the Renewable Energy Facilities Agricultural Impact Mitigation Act. Changes the short title to the Agricultural Impact Mitigation Act. Broadens the purpose of the act to include construction and deconstruction of pipelines and electronic transmission lines. Includes pipeline owner and electrical transmission line owner in the definition of "agricultural impact mitigation agreement", "construction", "county", "deconstruction" and "underlying agreement". Defines "Agricultural Inspector", "pipeline owner" and "pipeline". Contains guidelines for pipeline and electronic transmission line owners to address environmental impact before starting construction. Amends the Counties Code and the Illinois Municipal Code to make conforming changes.
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A BILL FOR
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AN ACT concerning Pipeline and Electronic Transmission
Line Environmental Impact.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Counties Code is amended by changing
Section 5-12020 as follows:
(55 ILCS 5/5-12020)
Sec. 5-12020. Wind farms, electric-generating wind
devices, and commercial wind energy facilities.
Notwithstanding any other provision of law or whether the
county has formed a zoning commission and adopted formal
zoning under Section 5-12007, a county may establish standards
for wind farms and electric-generating wind devices. The
standards may include, without limitation, the height of the
devices and the number of devices that may be located within a
geographic area. A county may also regulate the siting of wind
farms and electric-generating wind devices in unincorporated
areas of the county outside of the zoning jurisdiction of a
municipality and the 1.5 mile radius surrounding the zoning
jurisdiction of a municipality. There shall be at least one
public hearing not more than 30 days prior to a siting decision
by the county board. Notice of the hearing shall be published
in a newspaper of general circulation in the county. A

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commercial wind energy facility owner, as defined in the
Renewable Energy Facilities Agricultural Impact Mitigation
Act, must enter into an agricultural impact mitigation
agreement with the Department of Agriculture prior to the date
of the required public hearing. A commercial wind energy
facility owner seeking an extension of a permit granted by a
county prior to July 24, 2015 (the effective date of Public Act
99-132) must enter into an agricultural impact mitigation
agreement with the Department of Agriculture prior to a
decision by the county to grant the permit extension. Counties
may allow test wind towers to be sited without formal approval
by the county board. Any provision of a county zoning
ordinance pertaining to wind farms that is in effect before
August 16, 2007 (the effective date of Public Act 95-203) may
continue in effect notwithstanding any requirements of this
Section.
A county may not require a wind tower or other renewable
energy system that is used exclusively by an end user to be
setback more than 1.1 times the height of the renewable energy
system from the end user's property line.
Only a county may establish standards for wind farms,
electric-generating wind devices, and commercial wind energy
facilities, as that term is defined in Section 10 of the
Renewable Energy Facilities Agricultural Impact Mitigation
Act, in unincorporated areas of the county outside of the
zoning jurisdiction of a municipality and outside the 1.5 mile

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radius surrounding the zoning jurisdiction of a municipality.
(Source: P.A. 100-598, eff. 6-29-18; 101-4, eff. 4-19-19.)
Section 10. The Illinois Municipal Code is amended by
changing Section 11-13-26 as follows:
(65 ILCS 5/11-13-26)
Sec. 11-13-26. Wind farms. Notwithstanding any other
provision of law:
(a) A municipality may regulate wind farms and
electric-generating wind devices within its zoning
jurisdiction and within the 1.5 mile radius surrounding
its zoning jurisdiction. There shall be at least one
public hearing not more than 30 days prior to a siting
decision by the corporate authorities of a municipality.
Notice of the hearing shall be published in a newspaper of
general circulation in the municipality. A commercial wind
energy facility owner, as defined in the Renewable Energy
Facilities Agricultural Impact Mitigation Act, must enter
into an agricultural impact mitigation agreement with the
Department of Agriculture prior to the date of the
required public hearing. A commercial wind energy facility
owner seeking an extension of a permit granted by a
municipality prior to July 24, 2015 (the effective date of
Public Act 99-132) must enter into an agricultural impact
mitigation agreement with the Department of Agriculture

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prior to a decision by the municipality to grant the
permit extension. A municipality may allow test wind
towers to be sited without formal approval by the
corporate authorities of the municipality. Test wind
towers must be dismantled within 3 years of installation.
For the purposes of this Section, "test wind towers" are
wind towers that are designed solely to collect wind
generation data.
(b) A municipality may not require a wind tower or
other renewable energy system that is used exclusively by
an end user to be setback more than 1.1 times the height of
the renewable energy system from the end user's property
line. A setback requirement imposed by a municipality on a
renewable energy system may not be more restrictive than
as provided under this subsection. This subsection is a
limitation of home rule powers and functions under
subsection (i) of Section 6 of Article VII of the Illinois
Constitution on the concurrent exercise by home rule units
of powers and functions exercised by the State.
(Source: P.A. 99-123, eff. 1-1-16; 99-132, eff. 7-24-15;
99-642, eff. 7-28-16; 100-598, eff. 6-29-18.)
Section 15. The Renewable Energy Facilities Agricultural
Impact Mitigation Act is amended by changing Sections 1, 5,
10, 15, 90, 95, and 99 as follows:

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(505 ILCS 147/1)
Sec. 1. Short title. This Act may be cited as the Renewable
Energy Facilities Agricultural Impact Mitigation Act.
(Source: P.A. 99-132, eff. 7-24-15; 100-598, eff. 6-29-18.)
(505 ILCS 147/5)
Sec. 5. Purpose. The primary purpose of this Act is to
promote the State's welfare by protecting landowners during
the construction and deconstruction of commercial renewable
energy facilities, pipelines, and electric transmission lines
to ensure that land affected by these projects is restored to
its pre-construction condition..
(Source: P.A. 99-132, eff. 7-24-15; 100-598, eff. 6-29-18.)
(505 ILCS 147/10)
Sec. 10. Definitions. As used in this Act:
"Abandonment of a commercial wind energy facility" means
when deconstruction has not been completed within 18 months
after the commercial wind energy facility reaches the end of
its useful life. For purposes of this definition, a commercial
wind energy facility will be presumed to have reached the end
of its useful life if (1) no electricity is generated for a
continuous period of 12 months and (2) the commercial wind
energy facility owner fails, for a period of 6 consecutive
months, to pay the landowner amounts owed in accordance with
the underlying agreement.

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"Abandonment of a commercial solar energy facility" means
when deconstruction has not been completed within 12 months
after the commercial solar energy facility reaches the end of
its useful life. For purposes of this definition, a commercial
solar energy facility shall be presumed to have reached the
end of its useful life if the commercial solar energy facility
owner fails, for a period of 6 consecutive months, to pay the
landowner amounts owed in accordance with the underlying
agreement.
"Agricultural impact mitigation agreement" means an
agreement between the pipeline owner, electrical transmission
line owner, commercial wind energy facility owner or the
commercial solar energy facility owner and the Department of
Agriculture described in Section 15 of this Act.
"Agricultural Inspector" means a person hired by a
pipeline, electric transmission line owner, or commercial
renewable energy facility and approved by the Department who
will work with the facility throughout the construction and
deconstruction phases to ensure compliance with the provisions
of the Agricultural Impact Mitigation Agreement.
"Commercial renewable energy facility " means a commercial
wind energy facility or commercial solar energy facility as
defined in this Act.
"Commercial solar energy facility" means a solar energy
conversion facility equal to or greater than 500 kilowatts in
total nameplate capacity, including a solar energy conversion

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facility seeking an extension of a permit to construct granted
by a county or municipality before the effective date of this
amendatory Act of the 100th General Assembly. "Commercial
solar energy facility" does not include a solar energy
conversion facility: (1) for which a permit to construct has
been issued before the effective date of this amendatory Act
of the 100th General Assembly; (2) that is located on land
owned by the commercial solar energy facility owner; (3) that
was constructed before the effective date of this amendatory
Act of the 100th General Assembly; or (4) that is located on
the customer side of the customer's electric meter and is
primarily used to offset that customer's electricity load and
is limited in nameplate capacity to less than or equal to 2,000
kilowatts.
"Commercial solar energy facility owner" means a private
commercial enterprise that owns a commercial solar energy
facility. A commercial solar energy facility owner is not nor
shall it be deemed to be a public utility as defined in the
Public Utilities Act.
"Commercial wind energy facility" means a wind energy
conversion facility of equal or greater than 500 kilowatts in
total nameplate generating capacity. "Commercial wind energy
facility" includes a wind energy conversion facility seeking
an extension of a permit to construct granted by a county or
municipality before the effective date of this Act.
"Commercial wind energy facility" does not include a wind

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energy conversion facility: (1) that has submitted a complete
permit application to a county or municipality and for which
the hearing on the completed application has commenced on the
date provided in the public hearing notice, which must be
before the effective date of this Act; (2) for which a permit
to construct has been issued before the effective date of this
Act; or (3) that was constructed before the effective date of
this Act.
"Commercial wind energy facility owner" means a private
commercial enterprise that owns or operates a commercial wind
energy facility. A commercial wind energy facility owner is
not nor shall it be deemed to be a public utility as defined in
the Public Utilities Act.
"Construction" means the installation, preparation for
installation, or repair of a pipeline, electric transmission
line, or commercial renewable energy facility.
"County" means the county where the pipeline, electric
transmission line, or commercial renewable energy facility is
located.
"Deconstruction" means the removal of a pipeline, electric
transmission line, or commercial renewable energy facility
from the property of a landowner and the restoration of that
property as provided in the agricultural impact mitigation
agreement.
"Department" means the Department of Agriculture.
"Landowner" means any person (1) with an ownership

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interest in property that is used for agricultural purposes
and (2) that is a party to an underlying agreement.
"Pipeline" means all parts of those physical facilities
through which gas, carbon dioxide, oil, or other hazardous
liquid moves in transportation, that crosses or is located in:
(1) Illinois; and
(2) one or more other states.
"Pipeline Owner" means a private commercial enterprise
that owns a pipeline.
"Underlying agreement" means the written agreement with a
landowner, including, but not limited to, an easement, option,
lease, or license, under the terms of which another person has
constructed, constructs, or intends to construct a pipeline,
electric transmission line, or commercial wind energy facility
or commercial solar energy facility on the property of the
landowner.
(Source: P.A. 99-132, eff. 7-24-15; 100-598, eff. 6-29-18.)
(505 ILCS 147/15)
Sec. 15. Agricultural impact mitigation agreement.
(a) A pipeline owner, electric transmission line owner, or
a commercial renewable energy facility owner of a commercial
wind energy facility or a commercial solar energy facility
that is located on landowner property shall enter into an
agricultural impact mitigation agreement with the Department
outlining construction and deconstruction standards and

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policies designed to preserve the integrity of any
agricultural land that is impacted by pipeline, electric
transmission line, or commercial renewable energy facility
construction and deconstruction. The construction and
deconstruction of any pipeline, electric transmission line, or
commercial solar energy facility shall be in conformance with
the Department's standard agricultural impact mitigation
agreement referenced in subsection (g) (f) of this Section.
Except as provided in subsection (a-5) of this Section, the
terms and conditions of the Department's standard agricultural
impact mitigation agreement are subject to and may be modified
by an underlying agreement between the landowner and the
commercial solar energy facility owner.
(a-5) Prior to the commencement of construction, a
commercial solar energy facility owner shall submit to the
county in which the commercial solar facility is to be located
a deconstruction plan. A commercial solar energy facility
owner shall provide the county with an appropriate financial
assurance mechanism consistent with the Department's standard
agricultural impact mitigation agreement for and to assure
deconstruction in the event of an abandonment of a commercial
solar energy facility.
(a-10) Prior to the commencement of construction, a
pipeline owner shall submit to the Federal Energy Regulatory
Commission (FERC) an executed AIMA. The executed AIMA shall be
included as part of the pipeline's submissions to FERC, and

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the pipeline shall request FERC include a statement affirming
the pipeline's adherence to the construction standards and
policies in any environmental assessment or environmental
impact statement, or both, that may be prepared on the
pipeline.
(b) The agricultural impact mitigation agreement for a
commercial wind energy facility shall include, but is not
limited to, such items as restoration of agricultural land
affected by construction, deconstruction (including upon
abandonment of a commercial wind energy facility),
construction staging, and storage areas; support structures;
aboveground facilities; guy wires and anchors; underground
cabling depth; topsoil replacement; protection and repair of
agricultural drainage tiles; rock removal; repair of
compaction and rutting; land leveling; prevention of soil
erosion; repair of damaged soil conservation practices;
compensation for damages to private property; clearing of
trees and brush; interference with irrigation systems; access
roads; weed control; pumping of water from open excavations;
advance notice of access to private property; indemnification
of landowners; and deconstruction plans and financial
assurance for deconstruction (including upon abandonment of a
commercial wind energy facility).
(b-5) The agricultural impact mitigation agreement for a
commercial solar energy facility shall include, but is not
limited to, such items as restoration of agricultural land

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affected by construction, deconstruction (including upon
abandonment of a commercial solar energy facility); support
structures; aboveground facilities; guy wires and anchors;
underground cabling depth; topsoil removal and replacement;
rerouting and permanent repair of agricultural drainage tiles;
rock removal; repair of compaction and rutting; construction
during wet weather; land leveling; prevention of soil erosion;
repair of damaged soil conservation practices; compensation
for damages to private property; clearing of trees and brush;
access roads; weed control; advance notice of access to
private property; indemnification of landowners; and
deconstruction plans and financial assurance for
deconstruction (including upon abandonment of a commercial
solar energy facility). The commercial solar energy facility
owner shall enter into one agricultural impact mitigation
agreement for each commercial solar energy facility.
(b-10) The agricultural impact mitigation agreement for a
pipeline shall include, but is not limited to, such items as
restoration of agricultural land affected by construction and
deconstruction of the pipeline; support structures;
aboveground facilities; underground pipeline depth; topsoil
removal and replacement; rerouting and permanent repair of
agricultural drainage tiles; interference with irrigation
systems; weed control; rock removal; repair of compaction and
rutting; construction during wet weather; land leveling;
prevention of soil erosion; repair of damaged soil

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conservation practices; compensation for damages to private
property; clearing of trees and brush; access roads; weed
control; advance notice of access to private property;
indemnification of landowners; deconstruction plans;
agricultural inspector requirements; and financial assurance
for deconstruction.
(c) For commercial wind energy facility owners seeking a
permit from a county or municipality for the construction of a
commercial wind energy facility, the agricultural impact
mitigation agreement shall be entered into prior to the public
hearing required prior to a siting decision of a county or
municipality regarding the commercial wind energy facility.
The agricultural impact mitigation agreement is binding on any
subsequent commercial wind energy facility owner that takes
ownership of the commercial wind energy facility that is the
subject of the agreement.
(c-5) A commercial solar energy facility owner shall, not
less than 45 days prior to commencement of actual
construction, submit to the Department a standard agricultural
impact mitigation agreement as referenced in subsection (f) of
this Section signed by the commercial solar energy facility
owner and including all information required by the
Department. The commercial solar energy facility owner shall
provide either a copy of that submitted agreement or a copy of
the fully executed project-specific agricultural impact
mitigation agreement to the landowner not less than 30 days

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prior to the commencement of construction. The agricultural
impact mitigation agreement is binding on any subsequent
commercial solar energy facility owner that takes ownership of
the commercial solar energy facility that is the subject of
the agreement.
(d) If a commercial renewable energy facility owner seeks
an extension of a permit granted by a county or municipality
for the construction of a commercial wind energy facility
prior to the effective date of this Act, the agricultural
impact mitigation agreement shall be entered into prior to a
decision by the county or municipality to grant the permit
extension.
(d-10) Prior to the commencement of construction, a
pipeline owner, electric transmission line owner, or
commercial renewable energy facility owner shall select and
hire an Agricultural Inspector. An Agriculture Inspector shall
be authorized to temporarily halt construction,
deconstruction, and any other restoration activities when the
Agricultural Inspector determines that a facility is violating
any provision of the AIMA. Upon making the decision to
temporarily halt activities, the Agricultural Inspector must
immediately contact the facility representative, General
Contractor of the project, the Department's Bureau of Land and
Water Resources, and any impacted landowners, tenants and
agents.
(e) The Department may adopt rules that are necessary and

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appropriate for the implementation and administration of
agricultural impact mitigation agreements as required under
this Act.
(f) The Department shall make available on its website a
standard agricultural impact mitigation agreement applicable
to all pipeline, electric transmission line, and commercial
solar energy facilities within 60 days after the effective
date of this amendatory Act of the 100th General Assembly.
(g) Nothing in this amendatory Act of the 100th General
Assembly and nothing in an agricultural impact mitigation
agreement shall be construed to apply to or otherwise impair
an underlying agreement for a pipeline, electric transmission
line, or commercial solar energy facility entered into prior
to the effective date of this amendatory Act of the 100th
General Assembly.
(Source: P.A. 99-132, eff. 7-24-15; 100-598, eff. 6-29-18.)