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


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

Download: Illinois-2021-HB3196-Introduced.html


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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1 AN ACT concerning Pipeline and Electronic Transmission
2Line Environmental Impact.
3 Be it enacted by the People of the State of Illinois,
4represented in the General Assembly:
5 Section 5. The Counties Code is amended by changing
6Section 5-12020 as follows:
7 (55 ILCS 5/5-12020)
8 Sec. 5-12020. Wind farms, electric-generating wind
9devices, and commercial wind energy facilities.
10Notwithstanding any other provision of law or whether the
11county has formed a zoning commission and adopted formal
12zoning under Section 5-12007, a county may establish standards
13for wind farms and electric-generating wind devices. The
14standards may include, without limitation, the height of the
15devices and the number of devices that may be located within a
16geographic area. A county may also regulate the siting of wind
17farms and electric-generating wind devices in unincorporated
18areas of the county outside of the zoning jurisdiction of a
19municipality and the 1.5 mile radius surrounding the zoning
20jurisdiction of a municipality. There shall be at least one
21public hearing not more than 30 days prior to a siting decision
22by the county board. Notice of the hearing shall be published
23in a newspaper of general circulation in the county. A

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1commercial wind energy facility owner, as defined in the
2Renewable Energy Facilities Agricultural Impact Mitigation
3Act, must enter into an agricultural impact mitigation
4agreement with the Department of Agriculture prior to the date
5of the required public hearing. A commercial wind energy
6facility owner seeking an extension of a permit granted by a
7county prior to July 24, 2015 (the effective date of Public Act
899-132) must enter into an agricultural impact mitigation
9agreement with the Department of Agriculture prior to a
10decision by the county to grant the permit extension. Counties
11may allow test wind towers to be sited without formal approval
12by the county board. Any provision of a county zoning
13ordinance pertaining to wind farms that is in effect before
14August 16, 2007 (the effective date of Public Act 95-203) may
15continue in effect notwithstanding any requirements of this
16Section.
17 A county may not require a wind tower or other renewable
18energy system that is used exclusively by an end user to be
19setback more than 1.1 times the height of the renewable energy
20system from the end user's property line.
21 Only a county may establish standards for wind farms,
22electric-generating wind devices, and commercial wind energy
23facilities, as that term is defined in Section 10 of the
24Renewable Energy Facilities Agricultural Impact Mitigation
25Act, in unincorporated areas of the county outside of the
26zoning jurisdiction of a municipality and outside the 1.5 mile

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1radius surrounding the zoning jurisdiction of a municipality.
2(Source: P.A. 100-598, eff. 6-29-18; 101-4, eff. 4-19-19.)
3 Section 10. The Illinois Municipal Code is amended by
4changing Section 11-13-26 as follows:
5 (65 ILCS 5/11-13-26)
6 Sec. 11-13-26. Wind farms. Notwithstanding any other
7provision of law:
8 (a) A municipality may regulate wind farms and
9 electric-generating wind devices within its zoning
10 jurisdiction and within the 1.5 mile radius surrounding
11 its zoning jurisdiction. There shall be at least one
12 public hearing not more than 30 days prior to a siting
13 decision by the corporate authorities of a municipality.
14 Notice of the hearing shall be published in a newspaper of
15 general circulation in the municipality. A commercial wind
16 energy facility owner, as defined in the Renewable Energy
17 Facilities Agricultural Impact Mitigation Act, must enter
18 into an agricultural impact mitigation agreement with the
19 Department of Agriculture prior to the date of the
20 required public hearing. A commercial wind energy facility
21 owner seeking an extension of a permit granted by a
22 municipality prior to July 24, 2015 (the effective date of
23 Public Act 99-132) must enter into an agricultural impact
24 mitigation agreement with the Department of Agriculture

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1 prior to a decision by the municipality to grant the
2 permit extension. A municipality may allow test wind
3 towers to be sited without formal approval by the
4 corporate authorities of the municipality. Test wind
5 towers must be dismantled within 3 years of installation.
6 For the purposes of this Section, "test wind towers" are
7 wind towers that are designed solely to collect wind
8 generation data.
9 (b) A municipality may not require a wind tower or
10 other renewable energy system that is used exclusively by
11 an end user to be setback more than 1.1 times the height of
12 the renewable energy system from the end user's property
13 line. A setback requirement imposed by a municipality on a
14 renewable energy system may not be more restrictive than
15 as provided under this subsection. This subsection is a
16 limitation of home rule powers and functions under
17 subsection (i) of Section 6 of Article VII of the Illinois
18 Constitution on the concurrent exercise by home rule units
19 of powers and functions exercised by the State.
20(Source: P.A. 99-123, eff. 1-1-16; 99-132, eff. 7-24-15;
2199-642, eff. 7-28-16; 100-598, eff. 6-29-18.)
22 Section 15. The Renewable Energy Facilities Agricultural
23Impact Mitigation Act is amended by changing Sections 1, 5,
2410, 15, 90, 95, and 99 as follows:

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1 (505 ILCS 147/1)
2 Sec. 1. Short title. This Act may be cited as the Renewable
3Energy Facilities Agricultural Impact Mitigation Act.
4(Source: P.A. 99-132, eff. 7-24-15; 100-598, eff. 6-29-18.)
5 (505 ILCS 147/5)
6 Sec. 5. Purpose. The primary purpose of this Act is to
7promote the State's welfare by protecting landowners during
8the construction and deconstruction of commercial renewable
9energy facilities, pipelines, and electric transmission lines
10to ensure that land affected by these projects is restored to
11its pre-construction condition..
12(Source: P.A. 99-132, eff. 7-24-15; 100-598, eff. 6-29-18.)
13 (505 ILCS 147/10)
14 Sec. 10. Definitions. As used in this Act:
15 "Abandonment of a commercial wind energy facility" means
16when deconstruction has not been completed within 18 months
17after the commercial wind energy facility reaches the end of
18its useful life. For purposes of this definition, a commercial
19wind energy facility will be presumed to have reached the end
20of its useful life if (1) no electricity is generated for a
21continuous period of 12 months and (2) the commercial wind
22energy facility owner fails, for a period of 6 consecutive
23months, to pay the landowner amounts owed in accordance with
24the underlying agreement.

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1 "Abandonment of a commercial solar energy facility" means
2when deconstruction has not been completed within 12 months
3after the commercial solar energy facility reaches the end of
4its useful life. For purposes of this definition, a commercial
5solar energy facility shall be presumed to have reached the
6end of its useful life if the commercial solar energy facility
7owner fails, for a period of 6 consecutive months, to pay the
8landowner amounts owed in accordance with the underlying
9agreement.
10 "Agricultural impact mitigation agreement" means an
11agreement between the pipeline owner, electrical transmission
12line owner, commercial wind energy facility owner or the
13commercial solar energy facility owner and the Department of
14Agriculture described in Section 15 of this Act.
15 "Agricultural Inspector" means a person hired by a
16pipeline, electric transmission line owner, or commercial
17renewable energy facility and approved by the Department who
18will work with the facility throughout the construction and
19deconstruction phases to ensure compliance with the provisions
20of the Agricultural Impact Mitigation Agreement.
21 "Commercial renewable energy facility " means a commercial
22wind energy facility or commercial solar energy facility as
23defined in this Act.
24 "Commercial solar energy facility" means a solar energy
25conversion facility equal to or greater than 500 kilowatts in
26total nameplate capacity, including a solar energy conversion

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1facility seeking an extension of a permit to construct granted
2by a county or municipality before the effective date of this
3amendatory Act of the 100th General Assembly. "Commercial
4solar energy facility" does not include a solar energy
5conversion facility: (1) for which a permit to construct has
6been issued before the effective date of this amendatory Act
7of the 100th General Assembly; (2) that is located on land
8owned by the commercial solar energy facility owner; (3) that
9was constructed before the effective date of this amendatory
10Act of the 100th General Assembly; or (4) that is located on
11the customer side of the customer's electric meter and is
12primarily used to offset that customer's electricity load and
13is limited in nameplate capacity to less than or equal to 2,000
14kilowatts.
15 "Commercial solar energy facility owner" means a private
16commercial enterprise that owns a commercial solar energy
17facility. A commercial solar energy facility owner is not nor
18shall it be deemed to be a public utility as defined in the
19Public Utilities Act.
20 "Commercial wind energy facility" means a wind energy
21conversion facility of equal or greater than 500 kilowatts in
22total nameplate generating capacity. "Commercial wind energy
23facility" includes a wind energy conversion facility seeking
24an extension of a permit to construct granted by a county or
25municipality before the effective date of this Act.
26"Commercial wind energy facility" does not include a wind

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1energy conversion facility: (1) that has submitted a complete
2permit application to a county or municipality and for which
3the hearing on the completed application has commenced on the
4date provided in the public hearing notice, which must be
5before the effective date of this Act; (2) for which a permit
6to construct has been issued before the effective date of this
7Act; or (3) that was constructed before the effective date of
8this Act.
9 "Commercial wind energy facility owner" means a private
10commercial enterprise that owns or operates a commercial wind
11energy facility. A commercial wind energy facility owner is
12not nor shall it be deemed to be a public utility as defined in
13the Public Utilities Act.
14 "Construction" means the installation, preparation for
15installation, or repair of a pipeline, electric transmission
16line, or commercial renewable energy facility.
17 "County" means the county where the pipeline, electric
18transmission line, or commercial renewable energy facility is
19located.
20 "Deconstruction" means the removal of a pipeline, electric
21transmission line, or commercial renewable energy facility
22from the property of a landowner and the restoration of that
23property as provided in the agricultural impact mitigation
24agreement.
25 "Department" means the Department of Agriculture.
26 "Landowner" means any person (1) with an ownership

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1interest in property that is used for agricultural purposes
2and (2) that is a party to an underlying agreement.
3 "Pipeline" means all parts of those physical facilities
4through which gas, carbon dioxide, oil, or other hazardous
5liquid moves in transportation, that crosses or is located in:
6 (1) Illinois; and
7 (2) one or more other states.
8 "Pipeline Owner" means a private commercial enterprise
9that owns a pipeline.
10 "Underlying agreement" means the written agreement with a
11landowner, including, but not limited to, an easement, option,
12lease, or license, under the terms of which another person has
13constructed, constructs, or intends to construct a pipeline,
14electric transmission line, or commercial wind energy facility
15or commercial solar energy facility on the property of the
16landowner.
17(Source: P.A. 99-132, eff. 7-24-15; 100-598, eff. 6-29-18.)
18 (505 ILCS 147/15)
19 Sec. 15. Agricultural impact mitigation agreement.
20 (a) A pipeline owner, electric transmission line owner, or
21a commercial renewable energy facility owner of a commercial
22wind energy facility or a commercial solar energy facility
23that is located on landowner property shall enter into an
24agricultural impact mitigation agreement with the Department
25outlining construction and deconstruction standards and

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1policies designed to preserve the integrity of any
2agricultural land that is impacted by pipeline, electric
3transmission line, or commercial renewable energy facility
4construction and deconstruction. The construction and
5deconstruction of any pipeline, electric transmission line, or
6commercial solar energy facility shall be in conformance with
7the Department's standard agricultural impact mitigation
8agreement referenced in subsection (g) (f) of this Section.
9Except as provided in subsection (a-5) of this Section, the
10terms and conditions of the Department's standard agricultural
11impact mitigation agreement are subject to and may be modified
12by an underlying agreement between the landowner and the
13commercial solar energy facility owner.
14 (a-5) Prior to the commencement of construction, a
15commercial solar energy facility owner shall submit to the
16county in which the commercial solar facility is to be located
17a deconstruction plan. A commercial solar energy facility
18owner shall provide the county with an appropriate financial
19assurance mechanism consistent with the Department's standard
20agricultural impact mitigation agreement for and to assure
21deconstruction in the event of an abandonment of a commercial
22solar energy facility.
23 (a-10) Prior to the commencement of construction, a
24pipeline owner shall submit to the Federal Energy Regulatory
25Commission (FERC) an executed AIMA. The executed AIMA shall be
26included as part of the pipeline's submissions to FERC, and

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1the pipeline shall request FERC include a statement affirming
2the pipeline's adherence to the construction standards and
3policies in any environmental assessment or environmental
4impact statement, or both, that may be prepared on the
5pipeline.
6 (b) The agricultural impact mitigation agreement for a
7commercial wind energy facility shall include, but is not
8limited to, such items as restoration of agricultural land
9affected by construction, deconstruction (including upon
10abandonment of a commercial wind energy facility),
11construction staging, and storage areas; support structures;
12aboveground facilities; guy wires and anchors; underground
13cabling depth; topsoil replacement; protection and repair of
14agricultural drainage tiles; rock removal; repair of
15compaction and rutting; land leveling; prevention of soil
16erosion; repair of damaged soil conservation practices;
17compensation for damages to private property; clearing of
18trees and brush; interference with irrigation systems; access
19roads; weed control; pumping of water from open excavations;
20advance notice of access to private property; indemnification
21of landowners; and deconstruction plans and financial
22assurance for deconstruction (including upon abandonment of a
23commercial wind energy facility).
24 (b-5) The agricultural impact mitigation agreement for a
25commercial solar energy facility shall include, but is not
26limited to, such items as restoration of agricultural land

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1affected by construction, deconstruction (including upon
2abandonment of a commercial solar energy facility); support
3structures; aboveground facilities; guy wires and anchors;
4underground cabling depth; topsoil removal and replacement;
5rerouting and permanent repair of agricultural drainage tiles;
6rock removal; repair of compaction and rutting; construction
7during wet weather; land leveling; prevention of soil erosion;
8repair of damaged soil conservation practices; compensation
9for damages to private property; clearing of trees and brush;
10access roads; weed control; advance notice of access to
11private property; indemnification of landowners; and
12deconstruction plans and financial assurance for
13deconstruction (including upon abandonment of a commercial
14solar energy facility). The commercial solar energy facility
15owner shall enter into one agricultural impact mitigation
16agreement for each commercial solar energy facility.
17 (b-10) The agricultural impact mitigation agreement for a
18pipeline shall include, but is not limited to, such items as
19restoration of agricultural land affected by construction and
20deconstruction of the pipeline; support structures;
21aboveground facilities; underground pipeline depth; topsoil
22removal and replacement; rerouting and permanent repair of
23agricultural drainage tiles; interference with irrigation
24systems; weed control; rock removal; repair of compaction and
25rutting; construction during wet weather; land leveling;
26prevention of soil erosion; repair of damaged soil

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1conservation practices; compensation for damages to private
2property; clearing of trees and brush; access roads; weed
3control; advance notice of access to private property;
4indemnification of landowners; deconstruction plans;
5agricultural inspector requirements; and financial assurance
6for deconstruction.
7 (c) For commercial wind energy facility owners seeking a
8permit from a county or municipality for the construction of a
9commercial wind energy facility, the agricultural impact
10mitigation agreement shall be entered into prior to the public
11hearing required prior to a siting decision of a county or
12municipality regarding the commercial wind energy facility.
13The agricultural impact mitigation agreement is binding on any
14subsequent commercial wind energy facility owner that takes
15ownership of the commercial wind energy facility that is the
16subject of the agreement.
17 (c-5) A commercial solar energy facility owner shall, not
18less than 45 days prior to commencement of actual
19construction, submit to the Department a standard agricultural
20impact mitigation agreement as referenced in subsection (f) of
21this Section signed by the commercial solar energy facility
22owner and including all information required by the
23Department. The commercial solar energy facility owner shall
24provide either a copy of that submitted agreement or a copy of
25the fully executed project-specific agricultural impact
26mitigation agreement to the landowner not less than 30 days

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1prior to the commencement of construction. The agricultural
2impact mitigation agreement is binding on any subsequent
3commercial solar energy facility owner that takes ownership of
4the commercial solar energy facility that is the subject of
5the agreement.
6 (d) If a commercial renewable energy facility owner seeks
7an extension of a permit granted by a county or municipality
8for the construction of a commercial wind energy facility
9prior to the effective date of this Act, the agricultural
10impact mitigation agreement shall be entered into prior to a
11decision by the county or municipality to grant the permit
12extension.
13 (d-10) Prior to the commencement of construction, a
14pipeline owner, electric transmission line owner, or
15commercial renewable energy facility owner shall select and
16hire an Agricultural Inspector. An Agriculture Inspector shall
17be authorized to temporarily halt construction,
18deconstruction, and any other restoration activities when the
19Agricultural Inspector determines that a facility is violating
20any provision of the AIMA. Upon making the decision to
21temporarily halt activities, the Agricultural Inspector must
22immediately contact the facility representative, General
23Contractor of the project, the Department's Bureau of Land and
24Water Resources, and any impacted landowners, tenants and
25agents.
26 (e) The Department may adopt rules that are necessary and

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1appropriate for the implementation and administration of
2agricultural impact mitigation agreements as required under
3this Act.
4 (f) The Department shall make available on its website a
5standard agricultural impact mitigation agreement applicable
6to all pipeline, electric transmission line, and commercial
7solar energy facilities within 60 days after the effective
8date of this amendatory Act of the 100th General Assembly.
9 (g) Nothing in this amendatory Act of the 100th General
10Assembly and nothing in an agricultural impact mitigation
11agreement shall be construed to apply to or otherwise impair
12an underlying agreement for a pipeline, electric transmission
13line, or commercial solar energy facility entered into prior
14to the effective date of this amendatory Act of the 100th
15General Assembly.
16(Source: P.A. 99-132, eff. 7-24-15; 100-598, eff. 6-29-18.)
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