Bill
SB 3488
SB 3488 requires landowner compensation and IDOA-determined payments when wind/solar facilities disrupt drainage or water flow, plus county siting rules and drainage plans.
Title: Wind & Solar Affect Water Flow
Jurisdiction: Illinois
Sponsor: Senator Sally J. Turner (co-sponsor: Turner)
Introduced: February 5, 2026
Committee: Energy and Public Utilities
Status: As of the latest action, re-referred to Assignments after Rule 3-9(a); assigned to Energy and Public Utilities; last action noted April 24, 2026
Purpose of the Bill
- To establish a framework under the Counties Code for commercial wind energy facilities and commercial solar energy facilities, including requirements for compensation to landowners when such facilities adversely affect drainage, water flow, or related drainage infrastructure on land within or adjacent to participating properties and drainage districts.
- Specifically, SB 3488 adds and clarifies protections for agricultural drainage systems and water management, with the Department of Agriculture (IDOA) assigned to determine compensation in cases of adverse drainage impacts.
Key Provisions and Changes
1) Definitions (Section 5-12020)
- Expands definitions related to “commercial wind energy facility” (≥ 500 kW nameplate capacity) and “commercial solar energy facility.”
- Introduces and clarifies terms for participating vs. nonparticipating properties, participating residences, occupied community buildings (schools, churches, day cares, libraries, community centers), and protected lands (conservation rights or nature preserves).
- Defines “facility owner” and “supporting facilities” (transmission lines, substations, access roads, meteorological towers, etc.).
- Includes treatment of wind towers, solar arrays, and related components.
2) Local Regulation and Siting (Section 5-12020, subsections b–d)
- Counties may establish standards for siting and regulation of wind and solar facilities, with limits ensuring standards are not more restrictive than those in SB 3488.
- Requires public hearings before siting decisions, with time limits for hearings and decision-making:
- Hearings within 60 days after filing.
- Decisions within 30 days after hearing conclusion.
- Notice published in a newspaper.
- Agricultural Impact Mitigation Agreement (AIMA) with IDOA required prior to public hearing.
- Special provisions for test wind towers or test solar systems allowing siting without formal county board approval.
3) Siting and Setbacks (Section 5-12020, subsection e)
- Establishes setback requirements for wind towers and solar facilities, varying by:
- Occupied community buildings
- Participating vs. nonparticipating properties
- Boundary lines, public roads rights-of-way, and protected lands
- Specific setback distances provided for both wind and solar facilities
- Allows waivers of setback requirements with written consent from affected nonparticipating property owners.
4) Sound, Fees, and Decommissioning
- Counties cannot impose wind or solar sound restrictions more restrictive than Illinois Pollution Control Board standards.
- Permit fees must be reasonable and not overly burdensome; fees must be comparable to projects of similar value.
- Decommissioning and construction standards must align with IDOA’s standard wind farm and solar AIMA (as of December 31, 2022), with decommissioning payments and financial assurances.
5) Drainage, Water Flow, and Drainage Plans (Sections j-5, s, s-5)
- Mandatory farmland drainage plan filed with the county and drainage districts, detailing restoration of surface and subsurface drainage during and after construction/deconstruction.
- Landowner compensation for crop losses or agricultural damages due to drainage damage, with restoration timelines.
- If the facility adversely affects water flow within or adjacent to land or drainage district land (including drainage tiles), the landowner must be compensated in full with the amount determined by IDOA.
- Facility may cross or impact drainage systems with limited need for drainage district agreement under the farmland drainage plan.
6) Landowner Protections and Economic Impacts
- No requirement for property value guarantees or devaluation escrow accounts.
- Vegetative screening permitted; berms not required.
- Vegetative ground cover and pollinator-friendly vegetation plans may be required to maximize community benefits and environmental outcomes; DNR EcoCAT and USFWS guidelines may be incorporated.
7) Road Use and Public Infrastructure (s-5)
- Road use agreements with IDOT or local entities to cover reasonable costs to improve/repair roads used for construction and operation, with limitations on charges not attributable to project activities.
8) Exclusions and Exceptions
- The amendments related to Public Act 102-1123 have phased applicability; some provisions do not apply to projects filed before certain dates or within specified enterprise zones.
Who Would Be Affected
Timeline and Procedural Highlights
Overall Impact
SB 3488 integrates a comprehensive framework for wind and solar development in Illinois counties, emphasizing:
- Landowner compensation for drainage and water-flow disruptions, with IDOA-led determinations.
- Detailed siting standards, setbacks, and environmental coordination (EcoCAT, USFWS guidelines).
- Drainage planning, road-use responsibilities, and management of agricultural impacts.
- Protection for protected lands and agricultural drainage integrity, while enabling counties to regulate siting within consistent statewide limits.
Note: This summary reflects the introduced text and described provisions as of the bill’s current iteration. For the latest status, amendments, and final enacted language, consulting the Illinois General Assembly’s bill tracking and the IDOA/DNR guidelines is recommended.
Compiled from official sources — confirm details with the bill’s official record.
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