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HB 3563

Relating to interpersonal boundary invasions affecting youth.

2025 Regular Session Introduced by Kevin Mannix and 1 co-sponsor

HB3563 tightens wind/solar siting rules: requires annexation or municipal zoning near boundaries, NPDES >1 acre, engineered deconstruction plan, and adjustable financial assurance.

In committee upon adjournment.
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Bill Summary · HB 3563

Summary — HB 3563 (Introduced 2025)

Title: Relating to interpersonal boundary invasions affecting youth — (bill actually concerns siting, decommissioning, and regulation of commercial wind and solar energy facilities)

Note: Although the short title references "interpersonal boundary invasions affecting youth," the bill text amends county and renewable energy statutes to regulate commercial wind and solar energy facilities.

Main purpose

HB 3563 updates Illinois county planning and renewable-energy law to clarify where commercial wind and solar facilities may be sited, tighten permitting prerequisites, require deconstruction planning and financial assurance, and align agricultural impact mitigation agreements with those financial-assurance procedures.

Key provisions

  • Jurisdiction/annexation: A commercial wind or solar facility proposed on unincorporated county land that is adjacent to a municipality's corporate boundary must be annexed to that municipality or be subject to the municipality’s zoning regulations.
  • Definitions: Establishes/updates statutory definitions, including:
    • "Commercial wind energy facility" = wind conversion facility ≥ 500 kW total nameplate capacity (includes certain permit-extension projects).
    • "Commercial solar energy facility" = as defined in Property Tax Code §10-720 (excludes some IPA procurement-eligible utility-scale projects).
    • Clarifies "facility owner" to include developers acting to acquire rights/permits even if they will not own/operate the facility.
    • Defines participating/nonparticipating property/residence, occupied community building, protected lands, supporting facilities, and wind tower.
  • County standards and limits: Counties may adopt standards for siting but may not impose requirements more restrictive than those in this Section for commercial solar (and may not exceed certain limits for wind). Counties can regulate siting in unincorporated areas (subject to the statutory constraints).
  • Permit conditions and compliance factors: Lists factors counties must consider when evaluating siting approvals, special use permits, or amendments to permits (details in bill text).
  • NPDES requirement: A county may not approve siting or a special use permit (or modification) for a facility that will disturb more than one acre unless the facility owner has obtained a National Pollutant Discharge Elimination System (NPDES) permit from the Illinois EPA.
  • Deconstruction plan: Facility owners must provide a deconstruction plan prepared by a professional engineer selected by the owner.
  • Financial assurance: Counties may require changes in the level/type of financial assurance during initial evaluation or reevaluation as part of the approval process.
  • Agricultural mitigation: Amends the Renewable Energy Facilities Agricultural Impact Mitigation Act so standard agricultural impact mitigation agreements conform to the Counties Code financial-assurance procedures.

Who is affected

  • Facility owners and developers of commercial wind and solar projects
  • County governments and municipal governments (zoning/annexation)
  • Landowners (participating and nonparticipating)
  • Occupants of residences and community buildings near proposed projects
  • Illinois EPA (NPDES permitting), Illinois Department of Agriculture (notification requirements)

Procedural status & timeline

  • Introduced by Rep. La Shawn K. Ford (filed 02/07/2025; first reading 02/18/2025)
  • Referred to committees (Rules, Education, Transportation)
  • Public hearings: 03/31/2025 and 04/24/2025 (testimony received)
  • Left pending in committee; status: in committee upon adjournment (06/28/2025)
  • Companion bill: SB 794

Potential impacts / notes

  • Increases pre-construction regulatory obligations for developers (NPDES permit for >1 acre disturbance; engineered deconstruction plan; adjustable financial assurance).
  • Strengthens municipal influence over projects adjacent to their boundaries (annexation requirement or submission to municipal zoning).
  • Seeks consistency between county permitting and agricultural mitigation processes by tying financial assurance requirements to mitigation agreements.
  • Exact local effects will depend on county adoption of standards and the implementing procedures spelled out in the full bill text.

For exact statutory language (definitions, compliance factors, and financial-assurance mechanics), consult the bill text (HB 3563) and the amended sections of the Counties Code and the Renewable Energy Facilities Agricultural Impact Mitigation Act.

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

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