Illinois legislation · 104th General Assembly
Illinois SB3488: WIND & SOLAR AFFECT WATER FLOW
Status: Introduced, October 15, 2026
Amends the Counties Code. Provides that the owner of a commercial wind energy facility or commercial solar energy facility must compensate landowners in full if the facility adversely affects the flow of water within the landowner's land, land adjoining landowner's land, or drainage district land, including, but not limited to, by affecting a drainage tile. Provides that the compensation shall be determined by the Department of Agriculture.
What the bill says
A bill FOR 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026SB3488Introduced 2/5/2026, by Sen. Sally J. TurnerSYNOPSIS AS INTRODUCED: ILCS 5/5-12020 55 ILCS 5/5-12020 ILCS 5/5-12020 Amends the Counties Code. Provides that the owner of a commercial windenergy facility or commercial solar energy facility must compensatelandowners in full if the facility adversely affects the flow of waterwithin the landowner's land, land adjoining landowner's land, or drainagedistrict land, including, but not limited to, by affecting a drainagetile…
From the introduced text, February 5, 2026:
A BILL FOR 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026SB3488Introduced 2/5/2026, by Sen. Sally J. TurnerSYNOPSIS AS INTRODUCED: ILCS 5/5-12020 55 ILCS 5/5-12020 ILCS 5/5-12020 Amends the Counties Code. Provides that the owner of a commercial windenergy facility or commercial solar energy facility must compensatelandowners in full if the facility adversely affects the flow of waterwithin the landowner's land, land adjoining landowner's land, or drainagedistrict land, including, but not limited to, by affecting a drainagetile. Provides that the compensation shall be determined by the Departmentof Agriculture. LRB104 20529 RTM 34003 b LRB104 20529 RTM 34003 b LRB104 20529 RTM 34003 b A BILL FOR SB3488LRB104 20529 RTM 34003 b SB3488 LRB104 20529 RTM 34003 b SB3488 LRB104 20529 RTM 34003 b AN ACT concerning local government. Be it enacted by the People of the State of Illinois, represented in the General Assembly: Section 5.The Counties Code is amended by changing Section 5-12020 as follows: (55 ILCS 5/5-12020) Sec. 5-12020.Commercial wind energy facilities and commercial solar energy facilities. (a) As used in this Section: "Commercial solar energy facility" means a "commercial solar energy system" as defined in Section 10-720 of the Property Tax Code. "Commercial solar energy facility" does not mean a utility-scale solar energy facility being constructed at a site that was eligible to participate in a procurement …