104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
SB4002
 
Introduced 2/6/2026, by Sen. Chapin Rose
 
SYNOPSIS AS INTRODUCED:
 
55 ILCS 5/5-12025 new
60 ILCS 1/110-85 new
65 ILCS 5/11-13-30 new
    Amends the Counties Code, the Township Code, and the Illinois Municipal Code. Provides that a commercial solar energy facility, commercial wind energy facility, or energy storage facility may not be constructed in a county, a township, or within 1.5 miles of a municipality unless the facility has the approval of (1) the county board of the county or, if the facility is located in Cook County, the Cook County Board of Commissioners; (2) if the facility would be located within a township, the township board of trustees; and (3) if the facility would be located within a municipality, the corporate authorities of the municipality. Effective immediately.


LRB104 18103 RTM 31542 b

 
 
A BILL FOR
 
SB4002LRB104 18103 RTM 31542 b

1    AN ACT concerning local government.
 
2    Be it enacted by the People of the State of Illinois, 
3represented in the General Assembly:
 
4    Section 5. The Counties Code is amended by adding Section 
55-12025 as follows:
 
6    (55 ILCS 5/5-12025 new)
7    Sec. 5-12025. New commercial solar energy facilities, 
8commercial wind energy facilities, and energy storage 
9facilities.
10    (a) As used in this Section:
11    "Commercial solar energy facility" has the meaning given 
12to that term in Section 5-12020.
13    "Commercial wind energy facility" has the meaning given to 
14that term in Section 5-12020.
15    "Energy storage system" has the meaning given to that term 
16in Section 5-12024.
17    (b) Notwithstanding any other law, a commercial solar 
18energy facility, commercial wind energy facility, or energy 
19storage facility may not be constructed in a county unless the 
20facility has the approval of:
21        (1) the county board of the county or, if the facility 
22    is in Cook County, the Cook County Board of Commissioners;
23        (2) if the facility would be located within a 
 
 
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1    township, the township board of trustees; and
2        (3) if the facility would be located within one and 
3    one-half miles of a municipality, the township board of 
4    trustees the municipality.
 
5    Section 10. The Township Code is amended by adding Section 
6110-85 as follows:
 
7    (60 ILCS 1/110-85 new)
8    Sec. 110-85. New commercial solar energy facilities, 
9commercial wind energy facilities, and energy storage 
10facilities.
11    (a) As used in this Section:
12    "Commercial solar energy facility" has the meaning given 
13to that term in Section 5-12020.
14    "Commercial wind energy facility" has the meaning given to 
15that term in Section 5-12020.
16    "Energy storage system" has the meaning given to that term 
17in Section 5-12024.
18    (b) Notwithstanding any other law, a commercial solar 
19energy facility, commercial wind energy facility, or energy 
20storage facility may not be constructed in a county unless the 
21facility has the approval of:
22        (1) the county board of the county or, if the facility 
23    is in Cook County the Cook County Board of Commissioners;
24        (2) if the facility would be located within a 
 
 
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1    township, the township board of trustees; and
2        (3) if the facility would be located within one and 
3    one-half miles of a municipality, the corporate authorizes 
4    of the municipality.
 
5    Section 15. The Illinois Municipal Code is amended by 
6adding Section 11-13-30 as follows:
 
7    (65 ILCS 5/11-13-30 new)
8    Sec. 11-13-30. New commercial solar energy facilities, 
9commercial wind energy facilities, and energy storage 
10facilities.
11    (a) As used in this Section:
12    "Commercial solar energy facility" has the meaning given 
13to that term in Section 5-12020.
14    "Commercial wind energy facility" has the meaning given to 
15that term in Section 5-12020.
16    "Energy storage system" has the meaning given to that term 
17in Section 5-12024.
18    (b) Notwithstanding any other law, a commercial solar 
19energy facility, commercial wind energy facility, or energy 
20storage facility may not be constructed in a county unless the 
21facility has the approval of:
22        (1) the county board of the county or, if the facility 
23    is in Cook County, the Cook County Board of Commissioners;
24        (2) if the facility would be located within a 
 
 
SB4002- 4 -LRB104 18103 RTM 31542 b

1    township, the township board of trustees; and
2        (3) if the facility would be located within one and 
3    one-half miles of a municipality, the corporate authorizes 
4    of the municipality.
 
5    Section 99. Effective date. This Act takes effect upon 
6becoming law.