WeVote
Log In

Bill

Bill

SB 1457

COUNTY WIND/SOLAR REGULATION

104th Regular Session Introduced by Neil Anderson and 4 co-sponsors

Establishes limits on county wind/solar siting near municipalities, including a 3-mile restriction for high-quality farmland and NPDES compliance, plus fire hydrant rules.

0
WeVote Research Nonpartisan
Bill Summary · SB 1457

SB 1457 — County Wind/Solar Regulation (summary)

Note: The provided file contains multiple, unrelated drafts that share the bill number (animal‑welfare and other state drafts). This summary focuses on the commercial wind/solar siting provisions that appear as Illinois SB 1457 (55 ILCS 5/5‑12020) — the “County Wind/Solar Regulation” content.

Purpose

To establish statewide minimum limits on county authority to approve commercial wind and commercial solar energy facilities in unincorporated areas, protect certain lands and nearby municipalities, require certain public‑safety infrastructure for solar sites, and set basic developer obligations (e.g., environmental compliance).

Key provisions

  • Scope: Amends the Counties Code (55 ILCS 5/5‑12020). Defines terms such as “commercial solar energy facility,” “commercial wind energy facility” (>= 500 kW), “participating property,” “nonparticipating residence,” “protected lands,” “supporting facilities,” and “wind tower.”
  • County standards: Counties may adopt standards for siting commercial wind and solar facilities in unincorporated areas but may not impose standards for commercial solar facilities that are more restrictive than those in this Section.
  • 3‑mile municipal buffer restriction: A county may not approve siting of a commercial wind or solar facility in an unincorporated area within a 3‑mile radius of a municipality if any of the following apply:
    1. The municipality has not approved siting at that location.
    2. Any portion of the facility would be located on land with a Soil Productivity Index (SPI) ≥ 90.
    3. The county board or municipal corporate authorities have determined that the facility owners/operators have failed to comply with applicable National Pollutant Discharge Elimination System (NPDES) requirements at the site.
    4. This prohibition applies regardless of whether the municipality has its own zoning ordinances or regulates wind farms under specified municipal code provisions.
  • Fire protection for solar facilities: Each commercial solar facility must provide the minimum number of fire hydrants required by the ordinances governing the servicing fire department or fire protection district; if none exists, the county board’s minimum requirement applies.
  • Setback authority: A county may require a commercial solar facility to be sited at least 500 feet from the nearest point of the property line of a nonparticipating zoned residential property (i.e., residences not subject to a facility agreement).
  • Permit/extension language: “Commercial wind energy facility” includes facilities seeking extensions of permits issued prior to Jan 27, 2023.
  • Effective date: The bill states it is effective immediately upon enactment.

Who is affected

  • Counties and municipal governments (limit on county siting approvals near municipalities)
  • Commercial wind and solar developers and facility owners/operators
  • Owners of high‑quality farmland (SPI ≥ 90)
  • Nonparticipating landowners and residents near proposed facilities
  • Fire departments and fire protection districts
  • Environmental regulators responsible for NPDES compliance

Potential impacts and considerations

  • Protects municipalities’ local approval prerogatives within a 3‑mile radius and provides a statutory protection for high‑quality agricultural land (SPI ≥ 90).
  • Ties county siting authority to environmental compliance (NPDES) and fire‑protection infrastructure for solar sites.
  • Limits some aspects of county regulatory discretion (counties cannot be more restrictive than the Section for solar facilities).
  • Could increase siting constraints for developers near municipalities and on productive farmland; may shift some siting disputes to municipalities, county boards, or courts.
  • Implementation will require SPI mapping, coordination on NPDES enforcement, and establishment/verification of hydrant requirements.

If you want, I can extract the specific defined‑term language or draft a plain‑language one‑page fact sheet for municipal officials, developers, or landowners.

Compiled from official sources — confirm details with the bill’s official record.

Sign in to ask a question.