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SB 1276

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2025 Regular Session Introduced by Bill DeSteph

SB 1276 lets counties keep their pre-2023 wind/solar zoning rules, restoring local siting powers and creating a patchwork of local standards.

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Bill Summary · SB 1276

SB 1276 — Counties: Wind & Solar Energy (55 ILCS 5/5‑12020)

Status: Referred to Assignments (Introduced Jan. 28, 2025)
Primary sponsor (IL version): Sen. Chris Balkema
Companion bills: HB 3983, HB 1291

Purpose / Intent

SB 1276 seeks to restore and preserve county-level zoning authority over commercial wind and commercial solar energy facilities by allowing county zoning provisions that were in effect before statewide statutory changes (Public Act 102‑1123 and, for older wind‑farm rules, Public Act 95‑203) to remain operative. In short, the bill grandfathers pre‑2023 (and where applicable pre‑2007) county rules for siting and regulating utility‑scale wind and solar projects.

Key provisions

  • Amends 55 ILCS 5/5‑12020 (Counties Code) — the section governing county standards for wind farms, electric‑generating wind devices, and commercial wind and solar energy facilities.
  • Provides that any provision of a county zoning ordinance pertaining to:
    • wind farms, commercial wind energy facilities, or commercial solar energy facilities that was in effect before January 27, 2023, may continue in effect notwithstanding changes made by Public Act 102‑1123 (the 2023 statewide changes); and
    • (if applicable) wind‑farm provisions that were in effect before August 16, 2007, may continue notwithstanding changes made by Public Act 95‑203.
  • Restores or preserves a list of local definitions and regulatory elements (as used in the Counties Code), including:
    • Definitions for “commercial wind energy facility” (≥500 kW), “commercial solar energy facility,” “facility owner,” “participating” vs. “nonparticipating” property/residence, “occupied community building,” “protected lands,” “supporting facilities,” and “wind tower.”
  • Reaffirms that counties may establish standards for siting, height, number, and related aspects of commercial wind and solar facilities in unincorporated areas, subject to the limits in the statute (the bill’s text preserves counties’ authority to adopt local siting/regulatory standards that were previously in place).
  • Includes procedural elements such as public hearing requirements and public notice for county siting or special‑use permit decisions (text in the available excerpt is partially truncated).

Who is affected

  • County governments and local zoning authorities — regain or retain existing pre‑2023 local zoning provisions for utility‑scale wind and solar projects.
  • Renewable energy developers and facility owners — may face differing county‑by‑county rules and potentially more restrictive local standards where older ordinances are preserved.
  • Landowners (participating and nonparticipating) and nearby residents — local protections or restrictions in place before 2023 remain available to affect project siting, setbacks, and other impacts.
  • Local communities and protected land interests — could see stronger local control over siting near community buildings and conservation lands.

Procedural / timeline notes

  • Introduced Jan. 28, 2025 (IL 104th General Assembly). Referred to Assignments following first reading.
  • Companion bills filed in the House (HB 3983, HB 1291).
  • The bill text references overriding or reversing effects of Public Act 102‑1123 (effective Jan. 27, 2023) and, for older wind‑farm rules, Public Act 95‑203 (effective Aug. 16, 2007).

Potential impacts / considerations

  • Restoring local grandfathered provisions increases county autonomy and may allow counties to enforce stricter siting and safety standards — potentially slowing or reshaping project development locally.
  • Developers could face increased regulatory variability and permitting uncertainty across counties.
  • The bill may be framed as strengthening local control and protection for nonparticipating properties and sensitive lands, but could complicate statewide planning for renewable energy deployment and procurement if it leads to a patchwork of different local rules.
  • Fiscal impacts are not detailed in the bill text provided; effects would depend on how counties exercise retained authorities and any resulting changes in project approvals or legal challenges.

Note: The legislative record and available text excerpts include truncated sections. For a complete legal interpretation or implementation effects, consult the full bill text as filed and any subsequent amendments.

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

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