SB3922sam001 104TH GENERAL ASSEMBLY

Sen. Steve Stadelman

Filed: 4/24/2026

10400SB3922sam001 LRB104 19421 AAS 37104 a

AMENDMENT TO SENATE BILL 3922

AMENDMENT NO. ______. Amend Senate Bill 3922 on page 59, by replacing lines 9 through 22 with the following: "than specified in this Section or requirements that are not specified in this Section. A county may also regulate the siting of commercial wind energy facilities with standards that may include any of the requirements specified in this Section but may not include requirements for the siting of commercial wind energy facilities that are more restrictive than specified in this Section or requirements that are not specified in this Section that are not more restrictive than the requirements specified in this Section in unincorporated areas of the county that are outside the zoning jurisdiction of a municipality and that are outside the 1.5-mile radius surrounding the zoning jurisdiction of a municipality. A county may also regulate the siting of commercial solar energy facilities with standards that may include any of the requirements specified in this Section but may not include requirements for the siting of commercial solar energy facilities that are more restrictive than specified in this Section or requirements that are not specified in this Section that are not more restrictive than the requirements specified in this Section in unincorporated areas of the county that are outside of the zoning jurisdiction of a municipality."; and

on page 76, line 12, after "by", by inserting "Public Act 104-458 and"; and

on page 76, line 18, after "20-140,", by inserting "23-110,"; and

on page 97, lines 21 and 22, by replacing "this amendatory Act of the 104th General Assembly" with "Public Act 104-458 this amendatory Act of the 104th General Assembly"; and

on page 98, line 6, after "kilowatts", by inserting "alternating current (AC)"; and

on page 106, line 26, after "dispatch", by inserting "under the scheduled dispatch virtual power plant program, any successor program, or any program authorized pursuant to Section 16-107.9"; and

on page 133, immediately below line 19, by inserting the following:

"(220 ILCS 5/23-110)

(This Section may contain text from a Public Act with a delayed effective date)

Sec. 23-110. Definitions. In this Article:

"Applicable State siting law" means Section 5-12020 of the Counties Code for commercial wind energy facilities and commercial solar energy facilities and means Section 5-12024 of the Counties Code for energy storage system facilities

"Commercial solar energy facility" has the meaning given to that term in subsection (a) of Section 5-12020 of the Counties Code. "Commercial solar energy facility" includes supporting facilities, as defined in subsection (a) of Section 5-12020 of the Counties Code.

"Commercial wind energy facility" has the meaning given to that term in subsection (a) of Section 5-12020 of the Counties Code. "Commercial wind energy facility" includes supporting facilities, as defined in subsection (a) of Section 5-12020 of the Counties Code.

"Energy storage system facility" has the meaning given to that term in Section 5-12024 of the Counties Code. "Energy storage system facility" includes supporting facilities, as defined in subsection (a) of Section 5-12024 of the Counties Code.

"Facility owner" means the owner of or an applicant for a qualified energy facility.

"Qualified energy facility" means any one or more of the following that has a nameplate capacity of 50 megawatts or greater and is located in an unincorporated area not within the corporate limits zoning jurisdiction of an incorporated municipality: a commercial wind energy facility, a commercial solar energy facility, or an energy storage system facility.

"Respondent" means the county, municipality, township, road district, or other unit of local government whose action or inaction is the subject of the dispute.

(Source: P.A. 104-458, eff. 6-1-26.)"; and

on page 134, line 2, after "law", by inserting "or to determine the reasonableness of a municipality's exercise of zoning authority with respect to a qualified energy facility outside of the municipality's corporate limits in accordance with Section 11-13-1 of the Illinois Municipal Code"; and

on page 134, line 4, after "first", by inserting "(i)"; and

on page 134, line 6, by replacing "law and" with "law, (ii) notified the municipality of the unreasonableness of the municipality's zoning determination with respect to a qualified energy facility outside of the municipality's corporate limits, and (iii)"; and

on page 134, line 13, by replacing "subdivision (c)(7)" with "paragraph (7) of subsection (c) subdivision (c)(7)"; and

on page 134, line 18, after "law", by inserting "or alleging the unreasonableness of a municipality's zoning determination with respect to a qualified energy facility outside of the municipality's corporate limits"; and

on page 136, line 6, after "found", by inserting "or a municipality's zoning determination is found to be unreasonable"; and

on page 136, line 23, after "law", by inserting "and the State's clean energy goals, including, but not limited to, goals described in the Illinois Power Agency Act"; and

by replacing line 24 on page 136 through line 6 on page 137 with the following:

(e) In resolving disputes under this Section, the Commission shall have authority to issue a siting certificate for a qualified energy facility if the Commission determines that the qualified energy facility is in compliance with the applicable State siting law for a qualified energy facility and that the respondent:

(1) the respondent denied has not issued the qualified energy facility a siting certificate; or and

(2) did not have a siting or zoning ordinance in compliance with the applicable State siting law as of the date the petition was filed the qualified energy facility is in compliance with the applicable State siting laws for a qualified energy facility.".