On January 8, 2026, Governor Pritzker signed the Clean and
Reliable Grid Affordability Act (CRGA)
into law. With an effective date of June 1, 2026, the Act brings several
changes to state energy policy intended to develop new energy resources.
The Act amends state statute to restrict the ability of units of local government and road districts to impose fees,
fines, or other payment obligations for road use agreements with a commercial
wind energy facility or a commercial solar energy facility owner (including the facility developer).
Previously, Section 5-12020 of the Counties Code stated that road-related fees, permit fees, or other charges imposed under a road use
agreement must be reasonably related to the administration cost of such
agreement.
Under the new amendment, a road district or
other unit of local government is prohibited from requiring any permit fees, fines, or other
payment obligations as a condition of a road use agreement, unless the
reasonable permit fee or payment obligation reflects the actual expenses
incurred. These expenses must relate to the negotiation, execution,
construction, or implementation of the road use agreement.
The new amendment also prohibits a road use
agreement from requiring a facility owner to pay or perform any road work that
is not specifically and uniquely related to the road improvements required for
the facility or the restoration of roads used by the facility owner during
construction-related activities.
In effect, the Act constrains the scope of road use
agreements and the ability of units of local government and road districts to
impose fees related to commercial alternative energy facilities. However, Section 5-12020 of the Counties Code does not expressly provide that it is a denial and limitation on home rule powers and functions.
Authored by Luigi Laudando and Katie Nagy, Ancel Glink
