Energy (Wind)

Amends the Public Utilities Act. In provisions concerning virtual power plant programs, provides that, in setting the values of upfront payment and performance payment compensation under the provisions, the Illinois Commerce Commission shall set values for eligible systems that include energy storage that are, taking into account the time value of money, not less than: (A) for an eligible system that did not receive and agrees not to apply for a rebate for its storage component under specified provisions, $250 per kilowatt-hour nameplate capacity paid on the date the system is placed in service; or (B) for an eligible system that received a rebate for its storage component under specified provisions, $0 per kilowatt-hour. In provisions concerning distributed generation and storage rebates, provides that, until the later of December 31, 2029 or the threshold date (rather than until December 31, 2029), the value of specified rebates shall be $300 per kilowatt of nameplate generating capacity, measured as nominal DC power output, of the distributed generation. Amends the Counties Code. In provisions concerning setback distances for commercial wind energy facilities or commercial solar energy facilities, specifies that the ability of a county to require a reasonable setback distance between fencing and public rights-of-way if the requirement is not specific to commercial wind energy facilities or commercial solar energy facilities and does not preclude the development of commercial wind energy facilities or commercial solar energy facilities or the ability of commercial wind energy facilities or commercial solar energy facilities to comply with the requirements set forth in the provisions shall not exceed 50 feet between fencing and public rights-of-way. Amends the Illinois Power Agency Act. Provides that a "community renewable generation project" means an electric generating facility that, among other things, is limited in nameplate capacity to less than or equal to 5,000 kilowatts (rather than 10,000 kilowatts). Makes other changes.

Amends the Counties Code. In provisions about commercial wind energy facilities and commercial solar energy facilities, removes changes made by Public Act 102-1123. 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 any changes made in Public Act 102-1123 and, if applicable, any provision of a county zoning ordinance pertaining to wind farms that was in effect before August 16, 2007 may continue in effect notwithstanding the changes made in Public Act 95-203.

Amends the Property Tax Code. Provides that provisions concerning the valuation of commercial solar energy systems and wind energy devices apply only through taxable year 2026. Repeals those provisions on January 1, 2028. Effective immediately.

Amends the Public Utilities Act. In provisions concerning virtual power plant programs, provides that, in setting the values of upfront payment and performance payment compensation under the provisions, the Illinois Commerce Commission shall set values for eligible systems that include energy storage that are, taking into account the time value of money, not less than: (A) for an eligible system that did not receive and agrees not to apply for a rebate for its storage component under specified provisions, $250 per kilowatt-hour nameplate capacity paid on the date the system is placed in service; or (B) for an eligible system that received a rebate for its storage component under specified provisions, $0 per kilowatt-hour. Provides that, to facilitate adoption and participation, a utility must allow and enable participating customers to expeditiously share their customer information with aggregators to serve customers and comply with any reporting requirements. In provisions concerning distributed generation and storage rebates, provides that, until the later of December 31, 2029 or the threshold date (rather than until December 31, 2029), the value of specified rebates shall be $300 per kilowatt of nameplate generating capacity, measured as nominal DC power output, of the distributed generation. Amends the Counties Code. In provisions concerning setback distances for commercial wind energy facilities or commercial solar energy facilities, specifies that the ability of a county to require a reasonable setback distance between fencing and public rights-of-way if the requirement is not specific to commercial wind energy facilities or commercial solar energy facilities and does not preclude the development of commercial wind energy facilities or commercial solar energy facilities or the ability of commercial wind energy facilities or commercial solar energy facilities to comply with the requirements set forth in the provisions shall not exceed 50 feet between fencing and public rights-of-way. Amends the Illinois Power Agency Act. Provides that a "community renewable generation project" means an electric generating facility that, among other things, is limited in nameplate capacity to less than or equal to 5,000 kilowatts (rather than 10,000 kilowatts). Makes other changes.

Amends the Illinois Enterprise Zone Act. Provides that Department of Commerce and Economic Opportunity may designate a business that intends to establish a new wind power facility or a utility-scale solar facility as a high impact business only if the municipality in which the facility will be located (or the county in which the facility will be located, if the facility will be located in an unincorporated area of the county) approves, in writing, the designation of the business as a high impact business. Makes conforming changes. Amends the Prevailing Wage Act to make conforming changes. Effective immediately.

Amends the Counties Code. Provides that the amendments made by Public Act 102-1123 to provisions concerning commercial wind energy facilities and commercial solar energy facilities do not apply to a commercial wind energy development, a commercial solar energy development, or an energy storage development on property in that located South of Interstate 70 and Edwards County, Franklin County, Hamilton County, Jackson County, Jefferson County, Madison County, Monroe County, Perry County, Randolph County, St. Clair County, Union County, Wabash County, Washington County, Wayne County, or White County.

Amends the Counties Code, the Township Code, and the Illinois Municipal Code. Provides that a commercial solar energy facility, commercial wind energy facility, or energy storage facility may not be constructed in a county, a township, or within 1.5 miles of a municipality unless the facility has the approval of (1) the county board of the county or, if the facility is located in Cook County, the Cook County Board of Commissioners; (2) if the facility would be located within a township, the township board of trustees; and (3) if the facility would be located within a municipality, the corporate authorities of the municipality. Effective immediately.

Amends the Property Tax Code. In provisions concerning the valuation of wind energy devices, provides that, for taxable year 2027 and thereafter, the real property cost basis is $588,000 per megawatt of nameplate capacity (currently, $360,000 per megawatt of nameplate capacity). In provisions concerning the valuation of solar energy systems, provides that, for taxable year 2027 and thereafter, the real property cost basis is $446,000 per megawatt of nameplate capacity (currently, $218,000 per megawatt of nameplate capacity). Effective immediately.

Amends the Counties Code. Provides that a commercial wind energy facility or commercial solar energy facility proposed to be located on property in an unincorporated area of the county within the zoning jurisdiction of a municipality and located adjacent to the corporate boundary of a municipality shall either be annexed to the municipality or be subject to the municipality's zoning regulations. Provides factors for determining if a request for siting approval or a special use permit for a commercial wind energy facility or a commercial solar energy facility or a request for modification of an approved siting or special use permit complies with the standards and conditions imposed in the Code, the zoning ordinance adopted consistent with the Code, and the conditions imposed under State and federal statutes and regulations. Provides that a county may not approve a request for siting approval or a special use permit for a commercial wind energy facility or a commercial solar energy facility or modification of an approved siting or special use permit, if the proposal shall disturb more than one acre of land, unless the facility owner has obtained a National Pollution Discharge Elimination System ("NPDES") permit from the Illinois Environmental Protection Agency. Requires a facility owner to provide the county where a commercial solar energy facility or commercial wind energy facility is to be located with a deconstruction plan that has been prepared by a professional engineer who has been selected by the facility owner. Provides that, based on an initial evaluation or reevaluation during the county approval process, the county may require changes in the level of financial assurance from the facility owner. Amends the Renewable Energy Facilities Agricultural Impact Mitigation Act. Provides that the standard agricultural impact mitigation agreements shall be amended as needed to conform with the financial assurance procedures and requirements of specified provisions of the Code. Makes other changes.

Creates the Wind Turbine Stewardship and Takeback Program Act. Provides that, on and after January 1, 2028, a wind turbine owner shall participate in a wind turbine stewardship and takeback program under which, where realistic, the wind turbine owner shall recycle wind turbine components that are not toxic after their useful life instead of disposing them in landfills. Requires wind turbine owners to file plans for the wind turbine stewardship and takeback program with the Illinois Environmental Protection Agency. Provides that the Agency shall develop guidance for wind turbine stewardship and takeback programs established under the Act. Allows the Agency to adopt rules to implement the Act.