Summary — SB 1365 (WIND & SOLAR AFFECT WATER FLOW)
Status / Sponsors
- Primary sponsor: Sen. Sally J. Turner. Co‑sponsors include Terri Bryant, Andrew S. Chesney, Jil Tracy, Neil Anderson and Chris Balkema. Companion bill: HB 1046.
- Introduced in the 2025 session (late Jan–Feb 2025). According to the legislative record included, the measure passed its originating chamber and was transmitted to the other chamber for consideration (LRB activity shows passage and transmission to the House on 03/04/2025).
Purpose
- To require owners of commercial wind energy facilities and commercial solar energy facilities to compensate landowners when the facility adversely affects the flow of water within the landowner’s property — explicitly including impacts such as damage to or alteration of drainage tiles.
Key provisions (as reflected in the bill text)
- Liability/Compensation: Facility owners are made responsible for compensating private landowners for adverse water‑flow impacts on their land caused by the siting or operation of a commercial wind or commercial solar facility. The synopsis specifically cites drainage tiles as an example of affected water infrastructure.
- Definitions (selected):
- “Commercial wind energy facility” — a wind energy conversion facility of ≥500 kW nameplate capacity (includes turbines and associated components).
- “Commercial solar energy facility” — defined by reference to the Property Tax Code (commercial solar energy system), with some utility‑scale exceptions noted.
- “Participating property” / “Nonparticipating property” — distinguishes lands subject to an agreement with the facility owner from lands that are not.
- Other defined terms include “nonparticipating residence,” “occupied community building,” “protected lands,” “supporting facilities,” and “wind tower.”
- County siting and standards: The bill amends the Counties Code (55 ILCS 5/5‑12020). It preserves county authority to adopt siting standards for commercial wind and solar facilities, sets limits on how restrictive those standards may be relative to the statute, and requires public hearings when counties consider siting approvals or special use permits.
- Procedural protections: Mandates public notice and hearings, and includes provisions related to agricultural impact mitigation agreements and test tower exemptions. (The full text includes additional siting, setback and process language; portions were truncated in the provided excerpt.)
Who is affected
- Landowners (especially nonparticipating landowners) whose drainage, tile systems, or natural water flows could be altered by nearby solar arrays, wind turbines, access roads, grading, or stormwater changes.
- Facility owners/developers — newly exposed to potential compensation obligations and possibly increased permitting or mitigation costs.
- Counties — retain or must adopt siting standards and manage public hearings/permitting consistent with the statute.
Potential impacts and considerations
- Provides a private‑law remedy or compensation pathway for landowners impacted by water‑flow changes from renewable energy projects, strengthening protections for agriculture and property drainage systems.
- Could increase development costs, require additional design or mitigation (drainage, tile repair/replacement, stormwater management), and complicate negotiations where projects border nonparticipating parcels.
- Implementation details matter: the bill excerpt does not specify damage valuation procedures, timelines for claims, triggers for compensation, or administrative processes — these would determine how easily claims are brought and resolved.
Note
- The provided legislative text was truncated in places. For precise legal obligations, claims procedures, and any monetary standards, consult the full enrolled bill or the amended Counties Code section (55 ILCS 5/5‑12020).
