SB2686 104TH GENERAL ASSEMBLY

LRB104 14637 AAS 27779 b

104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
SB2686

Introduced 10/14/2025, by Sen. Sue Rezin

SYNOPSIS AS INTRODUCED:

New Act

Creates the Energy Production Zones Act. Defines terms. Provides that a project owner is not required to obtain a permit or any other land use or zoning approval from a local authority for the construction of an electric generation facility if: (1) the Illinois Commerce Commission grants the project owner a certificate under the Public Utilities Act for the construction, the Commission declines jurisdiction over the construction under the Public Utilities Act, or the electric generation facility files notice with the Commission to not use a certificate under the Public Utilities Act; (2) the electric generating facility will be located on a premise of land that is an energy production zone; and (3) the project owner complies with other provisions of the Act. Provides that no later than 270 days before beginning construction, a project owner shall provide notice of the construction to the local authority with planning authority for the premise of land on which the construction will occur. Sets forth requirements for the content of the notice. Provides that, no later than 60 days after a project owner's provision of notice, the project owner shall hold a public hearing in the unit of local government in which the electric generation facility will be located, during which the project owner shall provide information to the public and receive public comment regarding the electric generation facility and the construction of the electric generation facility. Makes other changes. Effective immediately.

A BILL FOR

AN ACT concerning regulation.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 1. Short title. This Act may be cited as the Energy Production Zones Act.

Section 5. Definitions. As used in this Act:

"Commercial solar energy system" means any device or assembly of devices that (i) is ground installed and (ii) uses solar energy from the sun for generating electricity for the primary purpose of wholesale or retail sale and not primarily for consumption on the property on which the device or devices reside.

"Electric generation facility" means a facility or infrastructure associated with a facility for the generation of electricity. "Electric generation facility" does not include a wind power device or a commercial solar energy system.

"Energy production zone" means a premise of land on which either of the following was located as of January 1, 2026:

(1) an electric generation facility with a generating capacity of at least 80 megawatts, regardless of whether the electric generation facility is operational; or

(2) a surface or underground mine at which mining operations are no longer occurring. "Energy production zone" does not include a premise of land on which one or more wind power devices that are integrated into an electric generation facility or one or more commercial solar energy systems were located as of January 1, 2026.

"Local authority" means any agency, officer, board, or commission of a unit of local government that may issue a permit or an approval of a land use for the construction of a development, a building, or another structure.

"Permit" means any of the following:

(1) an improvement location permit;

(2) a building permit;

(3) a certificate of occupancy;

(4) an approval of a site-specific development plan;

(5) an approval of a primary or secondary plat;

(6) an approval of a variance, contingent use, conditional use, special exception, or special use; or

(7) an approval of a planned unit of local government development.

"Premise of land" means property comprising a tract of land on which a project owner proposes to construct an electric generation facility, including land within the perimeter of the tract of land that was not owned by the project owner as of January 1, 2026.

"Project owner" means a person that proposes to construct an electric generation facility.

"Retail electric service" means electric service furnished to a customer, including a residential, commercial, or industrial customer, for consumption by the customer. "Retail electric service" does not include wholesale electric service.

"Wholesale electric service" means the provision of electricity to another person for resale, including in wholesale markets.

"Wind power device" means a device, including a windmill or a wind turbine, that is designed to use the kinetic energy of moving air to provide mechanical energy or to produce electricity.

Section 10. Electric generation facility permit.

(a) Notwithstanding any other provision of law to the contrary, a project owner is not required to obtain a permit or any other land use or zoning approval from a local authority for the construction of an electric generation facility if:

(1) the Illinois Commerce Commission grants the project owner a certificate under Section 8-406 of the Public Utilities Act for the construction, the Commission declines jurisdiction over the construction under Section 8-406 of the Public Utilities Act, or the electric generation facility files notice with the Commission to not use a certificate under Section 8-406 of the Public Utilities Act;

(2) the electric generating facility will be located on a premise of land that is an energy production zone; and

(3) the project owner complies with subsections (b) and (c) of this Section.

(b) No later than 270 days before beginning any construction to which subsection (a) of this Section applies, a project owner shall provide notice of the construction to the local authority with planning authority for the premise of land on which the construction will occur. The notice must include all of the following information with regard to the construction and the electric generation facility to be constructed:

(1) A comprehensive description of the electric generation facility, including the following:

(A) the planned generation capacity of the electric generation facility, expressed in megawatts;

(B) the energy source or technology that will be used by the electric generation facility to generate electricity; and

(C) the expected operational lifespan of the electric generation facility.

(2) The expected date on which the construction will begin.

(3) The expected date on which the electric generation facility will begin operation.

(4) Whether the electric generation facility will provide retail electric service, wholesale electric service, or both.

(5) The project owner's plan for the eventual decommissioning of the electric generation facility.

(6) If construction of the electric generation facility will entail decommissioning an existing electric generation facility that is located on the premise of land on which the electric generation facility will be located, the project owner's plan for decommissioning the existing electric generation facility, including financial assurances for the decommissioning.

(7) A detailed site plan that includes the location of the following within or adjacent to the premise of land on which the electric generation facility will be constructed:

(A) The structures associated with the electric generation facility.

(B) Any of the following that are located on the premise of land on which the electric generation facility will be constructed:

(i) any existing electric generation facility and any structures associated with the existing electric generation facility; or

(ii) any surface or underground mine and any structures associated with the surface or underground mine.

(C) Existing and proposed access roads.

(D) Regulated drains or ditches.

(E) Flood plains.

(F) Wetlands.

(G) Historic sites or other areas of cultural or environmental significance.

(8) An economic development plan detailing the expected economic effect of the electric generation facility on the unit of local government within which the electric generation facility will be located, including all of the following:

(A) The anticipated number and types of jobs to be created during the construction of the electric generation facility and in the operation of the electric generation facility.

(B) The estimated property tax revenue the electric generation facility will produce for the unit of local government.

(C) An estimate of the overall cost to the unit of local government and the overall effect on the unit of local government's revenue associated with the electric generation facility.

(9) A safety, security, and emergency response plan describing measures to ensure the following with regard to the construction and operation of the electric generation facility:

(A) site security and safety;

(B) coordination with the unit of local government's services; and

(C) the safeguarding of the public.

(c) No later than 60 days after a project owner's provision of notice under subsection (b) of this Section, the project owner shall hold a public hearing in the unit of local government in which the electric generation facility will be located, during which the project owner shall provide information to the public and receive public comment regarding the electric generation facility and the construction of the electric generation facility. The project owner shall publish notice of the date, time, location, and subject of the public hearing.

(d) After providing notice to a local authority under subsection (b) of this Section, a project owner shall notify the local authority regarding any substantive changes in the information provided by the project owner under subsection (b) of this Section that occur before construction begins on the electric generation facility to which the notice pertains.

Section 15. Local authority. This Act may not be construed to increase or modify the authority of a local authority or a unit of local government to regulate the siting, construction, or deployment of an electric generation facility that is not located in an energy production zone.

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