Sen. Steve Stadelman

Filed: 5/19/2023





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2    AMENDMENT NO. ______. Amend House Bill 3445 on page 1,
3line 5, by inserting "and adding Section 1-129"; and
4on page 173, immediately below line 3, by inserting the
6    "(20 ILCS 3855/1-129 new)
7    Sec. 1-129. Policy study.
8    (a) The General Assembly finds that:
9        (1) in 2021, Illinois became the first state in the
10    Midwest to mandate a clean energy future when it enacted
11    the Climate and Equitable Jobs Act (Public Act 102-662);
12        (2) through the Climate and Equitable Jobs Act,
13    Illinois established a plan to completely decarbonize its
14    energy sector by 2050 in an equitable manner that invests
15    in the State's workforce;
16        (3) technology in the energy sector continues to



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1    advance creating cleaner and more efficient options to
2    help the State attain the target of 50% renewable energy
3    by 2040; and
4        (4) while numerous legislative proposals purport to
5    help the State on its path to equitably attain 100% clean
6    energy, it is important to have a neutral party with
7    relevant expertise evaluate each proposal to ensure it is
8    consistent with the State's goals and maximizes benefits
9    to Illinois residents.
10    (b) The General Assembly intends:
11        (1) to prioritize the public interest over the profit
12    motives of utilities and private developers; and
13        (2) to invest in projects that reduce harmful
14    emissions and contribute to the clean economy.
15    (c) The Agency shall commission and publish a policy study
16to evaluate the potential impacts of the proposals described
17in subsection (g). The potential impacts may include, but are
18not limited to, support for Illinois' decarbonization goals,
19the environment, grid reliability, carbon and other pollutant
20emissions, resource adequacy, long-term and short-term
21electric rates, environmental justice communities, jobs, and
22the economy. Where applicable, the study shall address the
23impact of a proposal with respect to reports by the
24Midcontinent Independent System Operator, PJM, and National
25Energy Reliability Council staff that Illinois has begun to
26experience resource adequacy issues.



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1    (d) The Agency shall retain the services of technical and
2policy experts with energy market and other relevant fields of
3expertise. The technical and policy experts may include the
4existing planning and procurement consultant and applicable
5subcontractors and the procurement administrator and
6applicable subcontractors. The Illinois Commerce Commission,
7the Illinois Environmental Protection Agency, and the
8Department of Commerce and Economic Opportunity shall provide
9support to and consult with the Agency. The Agency may consult
10with other State agencies, commissions, or task forces as
11needed. The Agency may consult with and seek assistance from
12the Regional Transmission Organizations PJM and MISO
13    (e) The Agency may solicit information, including
14confidential or proprietary information, from entities likely
15to be impacted by the proposals described in subsection (g)
16for purposes of this study. Any confidential or proprietary
17information shall be kept confidential and is not subject to
18disclosure under the Freedom of Information Act.
19    (f) The Agency shall publish a final policy study no later
20than February 15, 2024 and suitable copies shall be delivered
21to the Governor and members of the General Assembly. Prior to
22publishing the final policy study, the Agency shall publish a
23preliminary draft of the policy study and provide for a 20-day
24open public comment period. The Agency shall review public
25comments and publish a final policy study no later than 20 days
26after the public comment period ends. The policy study shall



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1include policy recommendations to the General Assembly.
2    (g) The policy study shall evaluate the following
3proposals and may consider or suggest additional or
4alternative items:
5        (1) House Bill 2132 of the 103rd General Assembly as
6    it passed out of the House on March 24, 2023 or a similar
7    pilot program to establish one new utility-scale offshore
8    wind project capable of producing at least 700,000
9    megawatt hours annually for at least 20 years in Lake
10    Michigan that includes an equity and inclusion plan to
11    create job opportunities for underrepresented populations
12    in addition to equity investment eligible communities and
13    a fully executed project labor agreement. The pilot
14    program may result in an increase in the amounts paid by
15    eligible retail customers in connection with electric
16    service that shall not exceed 0.25% of the amount paid per
17    kilowatt hour by those customers during the year ending
18    May 31, 2009.
19        (2) Senate Bill 1587 and amendments to Senate Bill
20    1587 of the 103rd General Assembly filed prior to May 31,
21    2023 or a similar proposal for the deployment of energy
22    storage systems supported by the State through the
23    development of energy storage credit targets for the
24    Agency to procure on behalf of Illinois electric utilities
25    from privately owned, large scale energy storage providers
26    using energy storage contracts of at least 15 year



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1    durations based on a competitive energy storage
2    procurement plan developed by the Agency designed to
3    enhance overall grid reliability, flexibility and
4    efficiency, and to lower electricity prices. The plan must
5    require participants to comply with the equity
6    accountability system requirements in subsection (c-10) of
7    Section 1-75 and to submit proof of project labor
8    agreements. For purposes of this policy study, it should
9    be assumed that the costs associated with procuring energy
10    storage credits shall be recovered through tariffed
11    charges assessed across all retail customers in a uniform
12    cents per kilowatt hour charge. In addition to large scale
13    energy storage, the proposal shall also include the
14    creation of distributed level energy storage programs
15    through utility tariffs as approved by the Illinois
16    Commerce Commission. The programs shall include a
17    residential and a commercial storage program that would
18    allow customer-sited batteries to provide grid benefits
19    and cost-savings to ratepayers. The proposal shall also
20    include a community solar energy storage program intended
21    to serve as a peak reduction program by utilizing
22    community solar paired storage projects deployed daily in
23    summer months during peak hours. The installation of the
24    energy storage systems associated with these distributed
25    renewable systems must comply with the prevailing wage
26    requirements described in subparagraph (Q) of paragraph



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1    (1) of subsection (c) of Section 1-75.
2        (3) Reforms to the Agency's capacity procurement
3    process described in Senate Bill 2552 of the 103rd General
4    Assembly, including developing capacity procurement plans
5    for alternative retail electric suppliers and a capacity
6    procurement plan designed to ensure long-term resource
7    adequacy at the lowest environmentally safe cost over
8    time. The study shall analyze whether the current capacity
9    programs operated by PJM and MISO are effectively serving
10    the ratepayers of Illinois and whether changes are needed
11    to the way in which capacity is procured in Illinois. The
12    study shall evaluate the effectiveness of the potential
13    for new capacity procurement processes, as contemplated by
14    this proposal, at the Agency to provide for reliable and
15    costs effective energy service by guaranteeing adequate
16    capacity reserves compared to those operated by PJM and
17    MISO.
18        (4) A policy granting incumbent electric transmission
19    owners the right to construct, own, and maintain electric
20    transmission lines approved for construction in a
21    comprehensive transmission plan designed to connect
22    facilities owned by the incumbent electric transmission
23    owner under the functional control of a regional
24    transmission operator. The policy must include the right
25    for an incumbent electric transmission line owner to
26    assign its right to construct, own, and maintain an



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1    electric transmission line to a transmission affiliate.
2    The study shall report on the issues arising from
3    oversight of the Illinois grid being split between 2
4    different regional transmission operators and the
5    challenges that causes regarding proper transmission
6    planning and in infrastructure investment to support
7    existing and new electric generation facilities that do
8    not emit carbon dioxide, including renewable energy
9    resources. The study shall also report on the differences
10    and relative effectiveness between PJM and MISO on their
11    capacity and transmission planning. The study shall also
12    evaluate the rate impact, timeliness, and efficiency of
13    transmission line projects, in other states if necessary,
14    constructed by public utilities compared to those
15    constructed by private entities.
16        As used in this paragraph:
17        "Electric transmission line" means a transmission line
18    that is designed and constructed with the capability of
19    being safely and reliably energized at 100 kilovolts or
20    more and its associated transmission facilities, including
21    transmission substations.
22        "Incumbent electric transmission line" means any
23    public utility or electric cooperative that owns,
24    operates, and maintains at least one electric transmission
25    line in this State.
26        (5) A policy establishing high voltage direct current



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1    renewable energy credits that requires the Agency to
2    procure contracts with at least 25 years but no more than
3    40 years duration for the delivery of renewable energy
4    credits on behalf of electric utilities in Illinois with
5    at least 300,000 customers from a high voltage direct
6    current transmission facility with more than 100 miles of
7    underground transmission lines in this State capable of
8    transmitting electricity at or above 525 kilovolts and
9    delivering power in the PJM market. High voltage direct
10    current renewable energy credits procured by the Agency
11    pursuant to this policy would not count toward the
12    renewable energy credit purchase targets in subsection (c)
13    of Section 1-75. The study shall also evaluate the power
14    price impact, including net rate impact, to Illinois
15    ratepayers. The study shall evaluate whether a 25-year to
16    40-year guaranteed contract is necessary to build such a
17    project. The study shall also evaluate whether the policy
18    creates incentives for renewable development in states
19    that do not share Illinois' commitment to fair labor and
20    equity standards.
21    Section 10. The Illinois Procurement Code is amended by
22changing Section 1-10 as follows:
23    (30 ILCS 500/1-10)
24    Sec. 1-10. Application.



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1    (a) This Code applies only to procurements for which
2bidders, offerors, potential contractors, or contractors were
3first solicited on or after July 1, 1998. This Code shall not
4be construed to affect or impair any contract, or any
5provision of a contract, entered into based on a solicitation
6prior to the implementation date of this Code as described in
7Article 99, including, but not limited to, any covenant
8entered into with respect to any revenue bonds or similar
9instruments. All procurements for which contracts are
10solicited between the effective date of Articles 50 and 99 and
11July 1, 1998 shall be substantially in accordance with this
12Code and its intent.
13    (b) This Code shall apply regardless of the source of the
14funds with which the contracts are paid, including federal
15assistance moneys. This Code shall not apply to:
16        (1) Contracts between the State and its political
17    subdivisions or other governments, or between State
18    governmental bodies, except as specifically provided in
19    this Code.
20        (2) Grants, except for the filing requirements of
21    Section 20-80.
22        (3) Purchase of care, except as provided in Section
23    5-30.6 of the Illinois Public Aid Code and this Section.
24        (4) Hiring of an individual as an employee and not as
25    an independent contractor, whether pursuant to an
26    employment code or policy or by contract directly with



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1    that individual.
2        (5) Collective bargaining contracts.
3        (6) Purchase of real estate, except that notice of
4    this type of contract with a value of more than $25,000
5    must be published in the Procurement Bulletin within 10
6    calendar days after the deed is recorded in the county of
7    jurisdiction. The notice shall identify the real estate
8    purchased, the names of all parties to the contract, the
9    value of the contract, and the effective date of the
10    contract.
11        (7) Contracts necessary to prepare for anticipated
12    litigation, enforcement actions, or investigations,
13    provided that the chief legal counsel to the Governor
14    shall give his or her prior approval when the procuring
15    agency is one subject to the jurisdiction of the Governor,
16    and provided that the chief legal counsel of any other
17    procuring entity subject to this Code shall give his or
18    her prior approval when the procuring entity is not one
19    subject to the jurisdiction of the Governor.
20        (8) (Blank).
21        (9) Procurement expenditures by the Illinois
22    Conservation Foundation when only private funds are used.
23        (10) (Blank).
24        (11) Public-private agreements entered into according
25    to the procurement requirements of Section 20 of the
26    Public-Private Partnerships for Transportation Act and



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1    design-build agreements entered into according to the
2    procurement requirements of Section 25 of the
3    Public-Private Partnerships for Transportation Act.
4        (12) (A) Contracts for legal, financial, and other
5    professional and artistic services entered into by the
6    Illinois Finance Authority in which the State of Illinois
7    is not obligated. Such contracts shall be awarded through
8    a competitive process authorized by the members of the
9    Illinois Finance Authority and are subject to Sections
10    5-30, 20-160, 50-13, 50-20, 50-35, and 50-37 of this Code,
11    as well as the final approval by the members of the
12    Illinois Finance Authority of the terms of the contract.
13        (B) Contracts for legal and financial services entered
14    into by the Illinois Housing Development Authority in
15    connection with the issuance of bonds in which the State
16    of Illinois is not obligated. Such contracts shall be
17    awarded through a competitive process authorized by the
18    members of the Illinois Housing Development Authority and
19    are subject to Sections 5-30, 20-160, 50-13, 50-20, 50-35,
20    and 50-37 of this Code, as well as the final approval by
21    the members of the Illinois Housing Development Authority
22    of the terms of the contract.
23        (13) Contracts for services, commodities, and
24    equipment to support the delivery of timely forensic
25    science services in consultation with and subject to the
26    approval of the Chief Procurement Officer as provided in



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1    subsection (d) of Section 5-4-3a of the Unified Code of
2    Corrections, except for the requirements of Sections
3    20-60, 20-65, 20-70, and 20-160 and Article 50 of this
4    Code; however, the Chief Procurement Officer may, in
5    writing with justification, waive any certification
6    required under Article 50 of this Code. For any contracts
7    for services which are currently provided by members of a
8    collective bargaining agreement, the applicable terms of
9    the collective bargaining agreement concerning
10    subcontracting shall be followed.
11        On and after January 1, 2019, this paragraph (13),
12    except for this sentence, is inoperative.
13        (14) Contracts for participation expenditures required
14    by a domestic or international trade show or exhibition of
15    an exhibitor, member, or sponsor.
16        (15) Contracts with a railroad or utility that
17    requires the State to reimburse the railroad or utilities
18    for the relocation of utilities for construction or other
19    public purpose. Contracts included within this paragraph
20    (15) shall include, but not be limited to, those
21    associated with: relocations, crossings, installations,
22    and maintenance. For the purposes of this paragraph (15),
23    "railroad" means any form of non-highway ground
24    transportation that runs on rails or electromagnetic
25    guideways and "utility" means: (1) public utilities as
26    defined in Section 3-105 of the Public Utilities Act, (2)



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1    telecommunications carriers as defined in Section 13-202
2    of the Public Utilities Act, (3) electric cooperatives as
3    defined in Section 3.4 of the Electric Supplier Act, (4)
4    telephone or telecommunications cooperatives as defined in
5    Section 13-212 of the Public Utilities Act, (5) rural
6    water or waste water systems with 10,000 connections or
7    less, (6) a holder as defined in Section 21-201 of the
8    Public Utilities Act, and (7) municipalities owning or
9    operating utility systems consisting of public utilities
10    as that term is defined in Section 11-117-2 of the
11    Illinois Municipal Code.
12        (16) Procurement expenditures necessary for the
13    Department of Public Health to provide the delivery of
14    timely newborn screening services in accordance with the
15    Newborn Metabolic Screening Act.
16        (17) Procurement expenditures necessary for the
17    Department of Agriculture, the Department of Financial and
18    Professional Regulation, the Department of Human Services,
19    and the Department of Public Health to implement the
20    Compassionate Use of Medical Cannabis Program and Opioid
21    Alternative Pilot Program requirements and ensure access
22    to medical cannabis for patients with debilitating medical
23    conditions in accordance with the Compassionate Use of
24    Medical Cannabis Program Act.
25        (18) This Code does not apply to any procurements
26    necessary for the Department of Agriculture, the



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1    Department of Financial and Professional Regulation, the
2    Department of Human Services, the Department of Commerce
3    and Economic Opportunity, and the Department of Public
4    Health to implement the Cannabis Regulation and Tax Act if
5    the applicable agency has made a good faith determination
6    that it is necessary and appropriate for the expenditure
7    to fall within this exemption and if the process is
8    conducted in a manner substantially in accordance with the
9    requirements of Sections 20-160, 25-60, 30-22, 50-5,
10    50-10, 50-10.5, 50-12, 50-13, 50-15, 50-20, 50-21, 50-35,
11    50-36, 50-37, 50-38, and 50-50 of this Code; however, for
12    Section 50-35, compliance applies only to contracts or
13    subcontracts over $100,000. Notice of each contract
14    entered into under this paragraph (18) that is related to
15    the procurement of goods and services identified in
16    paragraph (1) through (9) of this subsection shall be
17    published in the Procurement Bulletin within 14 calendar
18    days after contract execution. The Chief Procurement
19    Officer shall prescribe the form and content of the
20    notice. Each agency shall provide the Chief Procurement
21    Officer, on a monthly basis, in the form and content
22    prescribed by the Chief Procurement Officer, a report of
23    contracts that are related to the procurement of goods and
24    services identified in this subsection. At a minimum, this
25    report shall include the name of the contractor, a
26    description of the supply or service provided, the total



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1    amount of the contract, the term of the contract, and the
2    exception to this Code utilized. A copy of any or all of
3    these contracts shall be made available to the Chief
4    Procurement Officer immediately upon request. The Chief
5    Procurement Officer shall submit a report to the Governor
6    and General Assembly no later than November 1 of each year
7    that includes, at a minimum, an annual summary of the
8    monthly information reported to the Chief Procurement
9    Officer. This exemption becomes inoperative 5 years after
10    June 25, 2019 (the effective date of Public Act 101-27).
11        (19) Acquisition of modifications or adjustments,
12    limited to assistive technology devices and assistive
13    technology services, adaptive equipment, repairs, and
14    replacement parts to provide reasonable accommodations (i)
15    that enable a qualified applicant with a disability to
16    complete the job application process and be considered for
17    the position such qualified applicant desires, (ii) that
18    modify or adjust the work environment to enable a
19    qualified current employee with a disability to perform
20    the essential functions of the position held by that
21    employee, (iii) to enable a qualified current employee
22    with a disability to enjoy equal benefits and privileges
23    of employment as are enjoyed by other similarly situated
24    employees without disabilities, and (iv) that allow a
25    customer, client, claimant, or member of the public
26    seeking State services full use and enjoyment of and



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1    access to its programs, services, or benefits.
2        For purposes of this paragraph (19):
3        "Assistive technology devices" means any item, piece
4    of equipment, or product system, whether acquired
5    commercially off the shelf, modified, or customized, that
6    is used to increase, maintain, or improve functional
7    capabilities of individuals with disabilities.
8        "Assistive technology services" means any service that
9    directly assists an individual with a disability in
10    selection, acquisition, or use of an assistive technology
11    device.
12        "Qualified" has the same meaning and use as provided
13    under the federal Americans with Disabilities Act when
14    describing an individual with a disability.
15        (20) Procurement expenditures necessary for the
16    Illinois Commerce Commission to hire third-party
17    facilitators pursuant to Sections 16-105.17 and 16-108.18
18    of the Public Utilities Act or an ombudsman pursuant to
19    Section 16-107.5 of the Public Utilities Act, a
20    facilitator pursuant to Section 16-105.17 of the Public
21    Utilities Act, or a grid auditor pursuant to Section
22    16-105.10 of the Public Utilities Act.
23        (21) Procurement expenditures for the purchase,
24    renewal, and expansion of software, software licenses, or
25    software maintenance agreements that support the efforts
26    of the Illinois State Police to enforce, regulate, and



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1    administer the Firearm Owners Identification Card Act, the
2    Firearm Concealed Carry Act, the Firearms Restraining
3    Order Act, the Firearm Dealer License Certification Act,
4    the Law Enforcement Agencies Data System (LEADS), the
5    Uniform Crime Reporting Act, the Criminal Identification
6    Act, the Uniform Conviction Information Act, and the Gun
7    Trafficking Information Act, or establish or maintain
8    record management systems necessary to conduct human
9    trafficking investigations or gun trafficking or other
10    stolen firearm investigations. This paragraph (21) applies
11    to contracts entered into on or after the effective date
12    of this amendatory Act of the 102nd General Assembly and
13    the renewal of contracts that are in effect on the
14    effective date of this amendatory Act of the 102nd General
15    Assembly.
16    Notwithstanding any other provision of law, for contracts
17with an annual value of more than $100,000 entered into on or
18after October 1, 2017 under an exemption provided in any
19paragraph of this subsection (b), except paragraph (1), (2),
20or (5), each State agency shall post to the appropriate
21procurement bulletin the name of the contractor, a description
22of the supply or service provided, the total amount of the
23contract, the term of the contract, and the exception to the
24Code utilized. The chief procurement officer shall submit a
25report to the Governor and General Assembly no later than
26November 1 of each year that shall include, at a minimum, an



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1annual summary of the monthly information reported to the
2chief procurement officer.
3    (c) This Code does not apply to the electric power
4procurement process provided for under Section 1-75 of the
5Illinois Power Agency Act and Section 16-111.5 of the Public
6Utilities Act. This Code does not apply to the procurement of
7technical and policy experts pursuant to Section 1-129 of the
8Illinois Power Agency Act.
9    (d) Except for Section 20-160 and Article 50 of this Code,
10and as expressly required by Section 9.1 of the Illinois
11Lottery Law, the provisions of this Code do not apply to the
12procurement process provided for under Section 9.1 of the
13Illinois Lottery Law.
14    (e) This Code does not apply to the process used by the
15Capital Development Board to retain a person or entity to
16assist the Capital Development Board with its duties related
17to the determination of costs of a clean coal SNG brownfield
18facility, as defined by Section 1-10 of the Illinois Power
19Agency Act, as required in subsection (h-3) of Section 9-220
20of the Public Utilities Act, including calculating the range
21of capital costs, the range of operating and maintenance
22costs, or the sequestration costs or monitoring the
23construction of clean coal SNG brownfield facility for the
24full duration of construction.
25    (f) (Blank).
26    (g) (Blank).



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1    (h) This Code does not apply to the process to procure or
2contracts entered into in accordance with Sections 11-5.2 and
311-5.3 of the Illinois Public Aid Code.
4    (i) Each chief procurement officer may access records
5necessary to review whether a contract, purchase, or other
6expenditure is or is not subject to the provisions of this
7Code, unless such records would be subject to attorney-client
9    (j) This Code does not apply to the process used by the
10Capital Development Board to retain an artist or work or works
11of art as required in Section 14 of the Capital Development
12Board Act.
13    (k) This Code does not apply to the process to procure
14contracts, or contracts entered into, by the State Board of
15Elections or the State Electoral Board for hearing officers
16appointed pursuant to the Election Code.
17    (l) This Code does not apply to the processes used by the
18Illinois Student Assistance Commission to procure supplies and
19services paid for from the private funds of the Illinois
20Prepaid Tuition Fund. As used in this subsection (l), "private
21funds" means funds derived from deposits paid into the
22Illinois Prepaid Tuition Trust Fund and the earnings thereon.
23    (m) This Code shall apply regardless of the source of
24funds with which contracts are paid, including federal
25assistance moneys. Except as specifically provided in this
26Code, this Code shall not apply to procurement expenditures



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1necessary for the Department of Public Health to conduct the
2Healthy Illinois Survey in accordance with Section 2310-431 of
3the Department of Public Health Powers and Duties Law of the
4Civil Administrative Code of Illinois.
5(Source: P.A. 101-27, eff. 6-25-19; 101-81, eff. 7-12-19;
6101-363, eff. 8-9-19; 102-175, eff. 7-29-21; 102-483, eff
71-1-22; 102-558, eff. 8-20-21; 102-600, eff. 8-27-21; 102-662,
8eff. 9-15-21; 102-721, eff. 1-1-23; 102-813, eff. 5-13-22;
9102-1116, eff. 1-10-23.)
10    Section 15. The Counties Code is amended by changing
11Section 5-12020 as follows:
12    (55 ILCS 5/5-12020)
13    Sec. 5-12020. Commercial wind energy facilities and
14commercial solar energy facilities.
15    (a) As used in this Section:
16    "Commercial solar energy facility" means a "commercial
17solar energy system" as defined in Section 10-720 of the
18Property Tax Code. "Commercial solar energy facility" does not
19mean a utility-scale solar energy facility being constructed
20at a site that was eligible to participate in a procurement
21event conducted by the Illinois Power Agency pursuant to
22subsection (c-5) of Section 1-75 of the Illinois Power Agency
24    "Commercial wind energy facility" means a wind energy



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1conversion facility of equal or greater than 500 kilowatts in
2total nameplate generating capacity. "Commercial wind energy
3facility" includes a wind energy conversion facility seeking
4an extension of a permit to construct granted by a county or
5municipality before January 27, 2023 (the effective date of
6Public Act 102-1123) this amendatory Act of the 102nd General
8    "Facility owner" means (i) a person with a direct
9ownership interest in a commercial wind energy facility or a
10commercial solar energy facility, or both, regardless of
11whether the person is involved in acquiring the necessary
12rights, permits, and approvals or otherwise planning for the
13construction and operation of the facility, and (ii) at the
14time the facility is being developed, a person who is acting as
15a developer of the facility by acquiring the necessary rights,
16permits, and approvals or by planning for the construction and
17operation of the facility, regardless of whether the person
18will own or operate the facility.
19    "Nonparticipating property" means real property that is
20not a participating property.
21    "Nonparticipating residence" means a residence that is
22located on nonparticipating property and that is existing and
23occupied on the date that an application for a permit to
24develop the commercial wind energy facility or the commercial
25solar energy facility is filed with the county.
26    "Occupied community building" means any one or more of the



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1following buildings that is existing and occupied on the date
2that the application for a permit to develop the commercial
3wind energy facility or the commercial solar energy facility
4is filed with the county: a school, place of worship, day care
5facility, public library, or community center.
6    "Participating property" means real property that is the
7subject of a written agreement between a facility owner and
8the owner of the real property that provides the facility
9owner an easement, option, lease, or license to use the real
10property for the purpose of constructing a commercial wind
11energy facility, a commercial solar energy facility, or
12supporting facilities. "Participating property" also includes
13real property that is owned by a facility owner for the purpose
14of constructing a commercial wind energy facility, a
15commercial solar energy facility, or supporting facilities.
16    "Participating residence" means a residence that is
17located on participating property and that is existing and
18occupied on the date that an application for a permit to
19develop the commercial wind energy facility or the commercial
20solar energy facility is filed with the county.
21    "Protected lands" means real property that is:
22        (1) subject to a permanent conservation right
23    consistent with the Real Property Conservation Rights Act;
24    or
25        (2) registered or designated as a nature preserve,
26    buffer, or land and water reserve under the Illinois



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1    Natural Areas Preservation Act.
2    "Supporting facilities" means the transmission lines,
3substations, access roads, meteorological towers, storage
4containers, and equipment associated with the generation and
5storage of electricity by the commercial wind energy facility
6or commercial solar energy facility.
7    "Wind tower" includes the wind turbine tower, nacelle, and
9    (b) Notwithstanding any other provision of law or whether
10the county has formed a zoning commission and adopted formal
11zoning under Section 5-12007, a county may establish standards
12for commercial wind energy facilities, commercial solar energy
13facilities, or both. The standards may include all of the
14requirements specified in this Section but may not include
15requirements for commercial wind energy facilities or
16commercial solar energy facilities that are more restrictive
17than specified in this Section. A county may also regulate the
18siting of commercial wind energy facilities with standards
19that are not more restrictive than the requirements specified
20in this Section in unincorporated areas of the county that are
21outside the zoning jurisdiction of a municipality and that are
22outside the 1.5-mile radius surrounding the zoning
23jurisdiction of a municipality.
24    (c) If a county has elected to establish standards under
25subsection (b), before the county grants siting approval or a
26special use permit for a commercial wind energy facility or a



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1commercial solar energy facility, or modification of an
2approved siting or special use permit, the county board of the
3county in which the facility is to be sited or the zoning board
4of appeals for the county shall hold at least one public
5hearing. The public hearing shall be conducted in accordance
6with the Open Meetings Act and shall be held not more than 60
745 days after the filing of the application for the facility.
8The county shall allow interested parties to a special use
9permit an opportunity to present evidence and to cross-examine
10witnesses at the hearing, but the county may impose reasonable
11restrictions on the public hearing, including reasonable time
12limitations on the presentation of evidence and the
13cross-examination of witnesses. The county shall also allow
14public comment at the public hearing in accordance with the
15Open Meetings Act. The county shall make its siting and
16permitting decisions not more than 30 days after the
17conclusion of the public hearing. Notice of the hearing shall
18be published in a newspaper of general circulation in the
19county. A facility owner must enter into an agricultural
20impact mitigation agreement with the Department of Agriculture
21prior to the date of the required public hearing. A commercial
22wind energy facility owner seeking an extension of a permit
23granted by a county prior to July 24, 2015 (the effective date
24of Public Act 99-132) must enter into an agricultural impact
25mitigation agreement with the Department of Agriculture prior
26to a decision by the county to grant the permit extension.



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1Counties may allow test wind towers or test solar energy
2systems to be sited without formal approval by the county
4    (d) A county with an existing zoning ordinance in conflict
5with this Section shall amend that zoning ordinance to be in
6compliance with this Section within 120 days after January 27,
72023 (the effective date of Public Act 102-1123) this
8amendatory Act of the 102nd General Assembly.
9    (e) A county may require:
10        (1) a wind tower of a commercial wind energy facility
11    to be sited as follows, with setback distances measured
12    from the center of the base of the wind tower:
13Setback Description           Setback Distance
14Occupied Community            2.1 times the maximum blade tip
15Buildings                     height of the wind tower to the
16                              nearest point on the outside
17                              wall of the structure
18Participating Residences      1.1 times the maximum blade tip
19                              height of the wind tower to the
20                              nearest point on the outside
21                              wall of the structure
22Nonparticipating Residences   2.1 times the maximum blade tip



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1                              height of the wind tower to the
2                              nearest point on the outside
3                              wall of the structure
4Boundary Lines of             None
5Participating Property 
6Boundary Lines of             1.1 times the maximum blade tip
7Nonparticipating Property     height of the wind tower to the
8                              nearest point on the property
9                              line of the nonparticipating
10                              property
11Public Road Rights-of-Way     1.1 times the maximum blade tip
12                              height of the wind tower
13                              to the center point of the
14                              public road right-of-way
15Overhead Communication and    1.1 times the maximum blade tip
16Electric Transmission         height of the wind tower to the
17and Distribution Facilities   nearest edge of the property
18(Not Including Overhead       line, easement, or
19Utility Service Lines to      right-of-way right of way
20Individual Houses or          containing the overhead line



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1Overhead Utility Service      None
2Lines to Individual
3Houses or Outbuildings
4Fish and Wildlife Areas       2.1 times the maximum blade
5and Illinois Nature           tip height of the wind tower
6Preserve Commission           to the nearest point on the
7Protected Lands               property line of the fish and
8                              wildlife area or protected
9                              land
10    This Section does not exempt or excuse compliance with
11    electric facility clearances approved or required by the
12    National Electrical Code, The National Electrical Safety
13    Code, Illinois Commerce Commission, Federal Energy
14    Regulatory Commission, and their designees or successors.
15        (2) a wind tower of a commercial wind energy facility
16    to be sited so that industry standard computer modeling
17    indicates that any occupied community building or
18    nonparticipating residence will not experience more than
19    30 hours per year of shadow flicker under planned
20    operating conditions;
21        (3) a commercial solar energy facility to be sited as
22    follows, with setback distances measured from the nearest
23    edge of any component of the facility:



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1Setback Description           Setback Distance
2Occupied Community            150 feet from the nearest
3Buildings and Dwellings on    point on the outside wall 
4Nonparticipating Properties   of the structure
5Boundary Lines of             None
6Participating Property    
7Public Road Rights-of-Way     50 feet from the nearest
8                              edge
9Boundary Lines of             50 feet to the nearest
10Nonparticipating Property     point on the property
11                              line of the nonparticipating
12                              property
13        (4) a commercial solar energy facility to be sited so
14    that the facility's perimeter is enclosed by fencing
15    having a height of at least 6 feet and no more than 25
16    feet; and
17        (5) a commercial solar energy facility to be sited so
18    that no component of a solar panel has a height of more
19    than 20 feet above ground when the solar energy facility's
20    arrays are at full tilt.
21    The requirements set forth in this subsection (e) may be



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1waived subject to the written consent of the owner of each
2affected nonparticipating property.
3    (f) A county may not set a sound limitation for wind towers
4in commercial wind energy facilities or any components in
5commercial solar energy facilities facility that is more
6restrictive than the sound limitations established by the
7Illinois Pollution Control Board under 35 Ill. Adm. Code Parts
8900, 901, and 910.
9    (g) A county may not place any restriction on the
10installation or use of a commercial wind energy facility or a
11commercial solar energy facility unless it adopts an ordinance
12that complies with this Section. A county may not establish
13siting standards for supporting facilities that preclude
14development of commercial wind energy facilities or commercial
15solar energy facilities.
16    A request for siting approval or a special use permit for a
17commercial wind energy facility or a commercial solar energy
18facility, or modification of an approved siting or special use
19permit, shall be approved if the request is in compliance with
20the standards and conditions imposed in this Act, the zoning
21ordinance adopted consistent with this Code, and the
22conditions imposed under State and federal statutes and
24    (h) A county may not adopt zoning regulations that
25disallow, permanently or temporarily, commercial wind energy
26facilities or commercial solar energy facilities from being



10300HB3445sam002- 30 -LRB103 29599 SPS 62298 a

1developed or operated in any district zoned to allow
2agricultural or industrial uses.
3    (i) A county may not require permit application fees for a
4commercial wind energy facility or commercial solar energy
5facility that are unreasonable. All application fees imposed
6by the county shall be consistent with fees for projects in the
7county with similar capital value and cost.
8    (j) Except as otherwise provided in this Section, a county
9shall not require standards for construction, decommissioning,
10or deconstruction of a commercial wind energy facility or
11commercial solar energy facility or related financial
12assurances that are more restrictive than those included in
13the Department of Agriculture's standard wind farm
14agricultural impact mitigation agreement, template 81818, or
15standard solar agricultural impact mitigation agreement,
16version 8.19.19, as applicable and in effect on December 31,
172022. The amount of any decommissioning payment shall be in
18accordance with the financial assurance limited to the cost
19identified in the decommissioning or deconstruction plan, as
20required by those agricultural impact mitigation agreements,
21minus the salvage value of the project.
22    (j-5) A commercial wind energy facility or a commercial
23solar energy facility shall file a farmland drainage plan with
24the county and impacted drainage districts outlining how
25surface and subsurface drainage of farmland will be restored
26during and following construction or deconstruction of the



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1facility. The plan is to be created independently by the
2facility developer and shall include the location of any
3potentially impacted drainage district facilities to the
4extent this information is publicly available from the county
5or the drainage district, plans to repair any subsurface
6drainage affected during construction or deconstruction using
7procedures outlined in the agricultural impact mitigation
8agreement entered into by the commercial wind energy facility
9owner or commercial solar energy facility owner, and
10procedures for the repair and restoration of surface drainage
11affected during construction or deconstruction. All surface
12and subsurface damage shall be repaired as soon as reasonably
14    (k) A county may not condition approval of a commercial
15wind energy facility or commercial solar energy facility on a
16property value guarantee and may not require a facility owner
17to pay into a neighboring property devaluation escrow account.
18    (l) A county may require certain vegetative screening
19surrounding a commercial wind energy facility or commercial
20solar energy facility but may not require earthen berms or
21similar structures.
22    (m) A county may set blade tip height limitations for wind
23towers in commercial wind energy facilities but may not set a
24blade tip height limitation that is more restrictive than the
25height allowed under a Determination of No Hazard to Air
26Navigation by the Federal Aviation Administration under 14 CFR



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1Part 77.
2    (n) A county may require that a commercial wind energy
3facility owner or commercial solar energy facility owner
5        (1) the results and recommendations from consultation
6    with the Illinois Department of Natural Resources that are
7    obtained through the Ecological Compliance Assessment Tool
8    (EcoCAT) or a comparable successor tool; and
9        (2) the results of the United States Fish and Wildlife
10    Service's Information for Planning and Consulting
11    environmental review or a comparable successor tool that
12    is consistent with (i) the "U.S. Fish and Wildlife
13    Service's Land-Based Wind Energy Guidelines" and (ii) any
14    applicable United States Fish and Wildlife Service solar
15    wildlife guidelines that have been subject to public
16    review.
17    (o) A county may require a commercial wind energy facility
18or commercial solar energy facility to adhere to the
19recommendations provided by the Illinois Department of Natural
20Resources in an EcoCAT natural resource review report under 17
21Ill. Adm. Admin. Code Part 1075.
22    (p) A county may require a facility owner to:
23        (1) demonstrate avoidance of protected lands as
24    identified by the Illinois Department of Natural Resources
25    and the Illinois Nature Preserve Commission; or
26        (2) consider the recommendations of the Illinois



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1    Department of Natural Resources for setbacks from
2    protected lands, including areas identified by the
3    Illinois Nature Preserve Commission.
4    (q) A county may require that a facility owner provide
5evidence of consultation with the Illinois State Historic
6Preservation Office to assess potential impacts on
7State-registered historic sites under the Illinois State
8Agency Historic Resources Preservation Act.
9    (r) To maximize community benefits, including, but not
10limited to, reduced stormwater runoff, flooding, and erosion
11at the ground mounted solar energy system, improved soil
12health, and increased foraging habitat for game birds,
13songbirds, and pollinators, a county may (1) require a
14commercial solar energy facility owner to plant, establish,
15and maintain for the life of the facility vegetative ground
16cover, consistent with the goals of the Pollinator-Friendly
17Solar Site Act and (2) require the submittal of a vegetation
18management plan that is in compliance with the agricultural
19impact mitigation agreement in the application to construct
20and operate a commercial solar energy facility in the county
21if the vegetative ground cover and vegetation management plan
22comply with the requirements of the underlying agreement with
23the landowner or landowners where the facility will be
25    No later than 90 days after January 27, 2023 (the
26effective date of Public Act 102-1123) this amendatory Act of



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1the 102nd General Assembly, the Illinois Department of Natural
2Resources shall develop guidelines for vegetation management
3plans that may be required under this subsection for
4commercial solar energy facilities. The guidelines must
5include guidance for short-term and long-term property
6management practices that provide and maintain native and
7non-invasive naturalized perennial vegetation to protect the
8health and well-being of pollinators.
9    (s) If a facility owner enters into a road use agreement
10with the Illinois Department of Transportation, a road
11district, or other unit of local government relating to a
12commercial wind energy facility or a commercial solar energy
13facility, the road use agreement shall require the facility
14owner to be responsible for (i) the reasonable cost of
15improving roads used by the facility owner to construct the
16commercial wind energy facility or the commercial solar energy
17facility and (ii) the reasonable cost of repairing roads used
18by the facility owner during construction of the commercial
19wind energy facility or the commercial solar energy facility
20so that those roads are in a condition that is safe for the
21driving public after the completion of the facility's
22construction. Roadways improved in preparation for and during
23the construction of the commercial wind energy facility or
24commercial solar energy facility shall be repaired and
25restored to the improved condition at the reasonable cost of
26the developer if the roadways have degraded or were damaged as



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1a result of construction-related activities.
2    The road use agreement shall not require the facility
3owner to pay costs, fees, or charges for road work that is not
4specifically and uniquely attributable to the construction of
5the commercial wind energy facility or the commercial solar
6energy facility. Road-related fees, permit fees, or other
7charges imposed by the Illinois Department of Transportation,
8a road district, or other unit of local government under a road
9use agreement with the facility owner shall be reasonably
10related to the cost of administration of the road use
12    (s-5) The facility owner shall also compensate landowners
13for crop losses or other agricultural damages resulting from
14damage to the drainage system caused by the construction of
15the commercial wind energy facility or the commercial solar
16energy facility. The commercial wind energy facility owner or
17commercial solar energy facility owner shall repair or pay for
18the repair of all damage to the subsurface drainage system
19caused by the construction of the commercial wind energy
20facility or the commercial solar energy facility in accordance
21with the agriculture impact mitigation agreement requirements
22for repair of drainage. The commercial wind energy facility
23owner or commercial solar energy facility owner shall repair
24or pay for the repair and restoration of surface drainage
25caused by the construction or deconstruction of the commercial
26wind energy facility or the commercial solar energy facility



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1as soon as reasonably practicable.
2    (t) Notwithstanding any other provision of law, a facility
3owner with siting approval from a county to construct a
4commercial wind energy facility or a commercial solar energy
5facility is authorized to cross or impact a drainage system,
6including, but not limited to, drainage tiles, open drainage
7ditches districts, culverts, and water gathering vaults, owned
8or under the control of a drainage district under the Illinois
9Drainage Code without obtaining prior agreement or approval
10from the drainage district in accordance with the farmland
11drainage plan required by subsection (j-5) , except that the
12facility owner shall repair or pay for the repair of all damage
13to the drainage system caused by the construction of the
14commercial wind energy facility or the commercial solar energy
15facility within a reasonable time after construction of the
16commercial wind energy facility or the commercial solar energy
17facility is complete.
18    (u) The amendments to this Section adopted in Public Act
19102-1123 this amendatory Act of the 102nd General Assembly do
20not apply to (1) an application for siting approval or for a
21special use permit for a commercial wind energy facility or
22commercial solar energy facility if the application was
23submitted to a unit of local government before January 27,
242023 (the effective date of Public Act 102-1123) this
25amendatory Act of the 102nd General Assembly or (2) a
26commercial wind energy facility or a commercial solar energy



10300HB3445sam002- 37 -LRB103 29599 SPS 62298 a

1facility if the facility owner has submitted an agricultural
2impact mitigation agreement to the Department of Agriculture
3before January 27, 2023 (the effective date of Public Act
4102-1123) this amendatory Act of the 102nd General Assembly.
5(Source: P.A. 101-4, eff. 4-19-19; 102-1123, eff. 1-27-23;
6revised 4-5-23.)
7    Section 99. Effective date. This Act takes effect upon
8becoming law.".