HB3146ham001 103RD GENERAL ASSEMBLY

Rep. Lance Yednock

Filed: 3/2/2023

10300HB3146ham001 LRB103 29289 AWJ 57940 a

AMENDMENT TO HOUSE BILL 3146

AMENDMENT NO. ______. Amend House Bill 3146 by replacing line 20 on page 15 through line 25 of page 16 with the following:

"(t) A Notwithstanding any other provision of law, a facility owner with siting approval from a county to construct a commercial wind energy facility or a commercial solar energy facility must reach an agreement with a drainage district under the Illinois Drainage Code is authorized to cross or impact a drainage system, including, but not limited to, drainage tiles, open drainage districts, culverts, and water gathering vaults, owned or under the control of a drainage district. The under the Illinois Drainage Code without obtaining prior agreement or approval from the drainage district, except that the facility owner shall repair or pay for the repair of all damage to the drainage system caused by the construction of the commercial wind energy facility or the commercial solar energy facility in accordance with the agricultural impact mitigation agreement requirements for repair of drainage. The facility owner shall also compensate landowners within the drainage district for crop losses or other agricultural damages resulting from damage to the drainage system cause by the construction of the commercial wind energy facility or the commercial solar energy facility within a reasonable time after construction of the commercial wind energy facility or the commercial solar energy facility is complete.".