220 ILCS 5/23-115

(220 ILCS 5/23-115)

(This Section may contain text from a Public Act with a delayed effective date)

Sec. 23-115. Resolution of disputes between facility owners and units of local government related to the siting of qualified energy facilities.

(a) The expedited procedures in this Section shall be used to enforce the provisions of the applicable State siting law.

(b) No petition may be filed under this Section until the facility owner that intends to file the petition has first notified the respondent of the alleged violation of the applicable State siting law and offered the respondent 7 days to correct or take substantial steps to begin and diligently pursue curing the alleged violation. Provision of notice and the opportunity to correct the situation creates a rebuttable presumption of knowledge under this Section. After the filing of a petition under this Section, the parties may agree to follow the mediation process under Section 10-101.1 of this Act. The time periods specified in subdivision (c)(7) of this Section shall be tolled during the time spent in mediation under Section 10-101.1.

(c) A facility owner may file a petition with the Commission alleging a violation of the applicable State siting law in accordance with this subsection. The following procedures shall govern the dispute resolution process:

(1) The petition shall be filed with the Chief Clerk of the Commission and shall be served in hand upon the respondent, the executive director, and the general counsel of the Commission at the time of the filing.

(2) A petition filed under this subsection shall include a statement that the requirements of subsection (b) have been fulfilled and that the respondent did not correct the situation as requested.

(3) Reasonable discovery specific to the issue of the petition may commence upon filing of the petition.

(4) An answer and any other responsive pleading to the petition shall be filed with the Commission and served at the same time upon the complainant, the executive director, and the general counsel of the Commission within 7 days after the date on which the petition is filed.

(5) If the answer or responsive pleading raises the issue that the petition violates subsection (f) of this Section, the complainant may file a reply to such allegation within 3 days after actual service of such answer or responsive pleading. Within 4 days after the time for filing a reply has expired, the administrative law judge shall either issue a written decision dismissing the petition as frivolous in violation of subsection (f) of this Section including the reasons for such disposition or shall issue an order directing that the petition shall proceed.

(6) A pre-hearing conference shall be held within 14 days after the date on which the petition is filed.

(7) The hearing shall commence within 45 days of the date on which the petition is filed and shall be conducted by an administrative law judge. Parties and the Commission staff shall be entitled to present evidence and legal argument in oral or written form as deemed appropriate by the administrative law judge. The administrative law judge shall issue a proposed order within 90 days after the date on which the petition is filed. The proposed order shall include reasons for the disposition of the petition and, if a violation of the applicable State siting law is found, directions and a deadline for correction of the violation.

(8) Any party may file a petition requesting the Commission to review the proposed order of the administrative law judge or arbitrator within 5 days after the proposed order is issued and file exceptions to the proposed order. Any party may file a response to a petition for review within 3 business days after actual service of the petition. After the time for filing of the petition for review, but no later than 60 days after the proposed order of the administrative law judge, the Commission shall decide to adopt the proposed order of the administrative law judge or shall issue its own final order.

(d) In resolving disputes filed under this Section, the administrative law judge and the Commission shall make determinations based on the requirements and intent of the applicable State siting law.

(e) In resolving disputes under this Section, the Commission shall have authority to issue a siting certificate for a qualified energy facility if the Commission determines that:

(1) the respondent denied the qualified energy facility a siting certificate; and

(2) the qualified energy facility is in compliance with the applicable State siting laws for a qualified energy facility.

For the purposes of this Section, a commercial wind energy facility and commercial solar energy facility shall be in compliance with Section 5-12020 of the Counties Code and an energy storage system shall be in compliance with Section 5-12024 of the Counties Code. If the Commission determines that there is substantial harm to the facility owner, the Commission may, notwithstanding any other provision of this Act, seek temporary, preliminary, or permanent injunctive relief from a court of competent jurisdiction either before or after the hearing.

(f) A party shall not bring or defend a proceeding brought under this Section or assert or controvert an issue in a proceeding brought under this Section, unless there is a non-frivolous basis for doing so. By presenting a pleading, written motion, or other paper in petition or defense of the actions or inaction of a party under this Section, a party is certifying to the Commission that to the best of that party's knowledge, information, and belief, formed after a reasonable inquiry of the subject matter of the petition or defense, that the petition or defense is well grounded in law and fact, and under the circumstances:

(1) it is not being presented to harass the other party, cause unnecessary delay, or create needless increases in the cost of litigation; and

(2) the allegations and other factual contentions have evidentiary support or, if specifically so identified, are likely to have evidentiary support after reasonable opportunity for further investigation or discovery as defined herein.

(g) If, after notice and a reasonable opportunity to respond, the Commission determines that subsection (f) has been violated, the Commission shall impose appropriate sanctions upon the party or parties that have violated subsection (i) or are responsible for the violation.

(h) An appeal of a Commission order made pursuant to this Section shall not effectuate a stay of the order unless a court of competent jurisdiction specifically finds that the party seeking the stay will likely succeed on the merits, that the party will suffer irreparable harm without the stay, and that the stay is in the public interest.

(i) The Commission shall assess the parties under this subsection for all of the Commission's costs of investigation and conduct of the proceedings brought under this Section including, but not limited to, the prorated salaries of staff, attorneys, administrative law judges, and support personnel and including any travel and per diem, directly attributable to the petition brought pursuant to this Section, but excluding those costs provided for in subsection (g), dividing the costs according to the resolution of the petition brought under this Section. All assessments made under this subsection shall be paid into the Public Utility Fund within 60 days after receiving notice of the assessments from the Commission. Interest at the statutory rate shall accrue after the expiration of the 60-day period. The Commission is authorized to apply to a court of competent jurisdiction for an order requiring payment.

(Source: P.A. 104-458, eff. 6-1-26.)