New Illinois energy legislation clarifies solar siting rules
The Illinois state legislature has clarified solar siting rules, which may resolve litigation from an a city objecting a project outside its borders.
Following the state legislature’s passage of the Energy Omnibus Bill on Oct. 30, leaders from Grundy County and ECA Solar say the new statutory language confirms county authority over solar project siting in unincorporated Morris.
ECA Solar is developing a large-scale solar project in Grundy County. However, the city of Morris filed a lawsuit against the county, a private landowner, and an ECA Solar subsidiary. The lawsuit seeks to block the project, despite it being located outside the city’s jurisdiction and having already been approved for a Special Use Permit through Grundy County’s zoning process. Russ Baker, the State’s Attorney for Grundy County, explained that the county followed its established procedures in reviewing the proposed project.
“While we respect the city of Morris’ position, we were surprised Morris decided to pursue litigation,” Baker said. “The proposed solar development is located outside city limits and within Grundy County’s jurisdiction, and the county’s approval process was conducted lawfully and in accordance with all applicable zoning and procedural requirements.”
The Energy Omnibus Bill, which Gov. J.B. Pritzker has indicated he will sign, amends the Illinois Counties Code to specify that counties may regulate the siting of commercial solar energy facilities in unincorporated areas outside municipal zoning jurisdiction. The bill states: “A county may also regulate the siting of commercial solar energy facilities with standards that are not more restrictive than the requirements specified in this Section in unincorporated areas of the county that are outside of the zoning jurisdiction of a municipality.” (p. 466)
ECA Solar representatives stated that the legislation provides additional statutory guidance as ongoing legal proceedings continue.
“In our view, this new statute helps clarify the framework for solar siting in Illinois,” said Todd Fryatt, founder and CEO of ECA Solar. “We believe it supports our long-standing position on the jurisdictional boundaries related to this project, and we look forward to continuing to work collaboratively with state and local partners.”
The city of Morris is set to respond to ECA Solar’s motion to dismiss on Nov. 20, with ECA Solar’s reply due Dec. 5.
“Our focus remains on advancing clean-energy investment, supporting landowners, and partnering with local governments,” Fryatt added.
