Recently introduced Illinois Senate Bill 3263 (the Bill), entitled
"The Wind Energy Facilities Construction and Deconstruction
Act," would strip Illinois counties of the power to regulate
commercial wind energy facilities and vest that power exclusively
in the Illinois Department of Agriculture (DOA). The Bill
would apply to "commercial wind energy facilities" (i.e.,
any wind energy conversion facility operated on agricultural land
with a nameplate capacity of ≥ 500 kW) not constructed before
the Bill's date of enactment.
The Bill obligates wind energy facility operators to enter into
an "agricultural impact mitigation agreement" with the
DOA, which would address construction and deconstruction
procedures, indemnification of landowners, monitoring and
remediation. The Bill also establishes procedures for public
hearings triggered by the operator's notice of intent to
construct a wind energy facility. In addition to the
mitigation agreement, at least 180 days
