IL
Illinois Senate Bill SB1544

Illinois 2023-2024 Regular Session

Illinois Senate Bill SB1544 Compare Versions

Only one version of the bill is available at this time.
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11 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB1544 Introduced 2/8/2023, by Sen. Bill Cunningham SYNOPSIS AS INTRODUCED: 765 ILCS 165/20765 ILCS 165/25765 ILCS 165/30765 ILCS 165/40 Amends the Homeowners Energy Policy Statement Act. Requires any energy policy statement to explicitly include the minimum standards. Provides that a written energy policy statement may not condition approval of an application on approval by adjacent property owners. Restricts an association from inquiring into a property owner's energy usage, imposing conditions impairing the operation of a solar energy system, imposing conditions negatively impacting any component warranty, or requiring post-installation reporting. Provides that a property owner may not be denied permission to install a solar energy system based on system ownership or financing method chosen by the property owner. Allows an association's written energy policy statement to impose reasonable conditions concerning the location of on-site storage of materials and equipment during the installation process and the maintenance, repair, replacement, and ultimate removal of damaged or inoperable systems. Provides that no energy policy statement shall be valid unless recorded as required by applicable law in the office of the recorder of deeds in the county where the property is located. Requires an application for approval to be made available in hard copy form at a property owner's request or, if the association maintains a website, through the website. Provides that an application shall be processed by the appropriate approving entity of the association within 30 (rather than 75) days of the submission of the application. Provides that if an association fails to adopt a written solar energy policy statement or process an application for approval within the specified time, the property owner may proceed with the installation or use of the proposed solar energy system notwithstanding any other policy or provision in the homeowners' common interest community or condominium unit owners' association declaration. Allows a property owner to resubmit an application for approval previously denied by an association, and requires any such resubmitted application shall be evaluated under the changes made by the amendatory Act. Makes conforming and other changes. Effective immediately. LRB103 26884 LNS 53248 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB1544 Introduced 2/8/2023, by Sen. Bill Cunningham SYNOPSIS AS INTRODUCED: 765 ILCS 165/20765 ILCS 165/25765 ILCS 165/30765 ILCS 165/40 765 ILCS 165/20 765 ILCS 165/25 765 ILCS 165/30 765 ILCS 165/40 Amends the Homeowners Energy Policy Statement Act. Requires any energy policy statement to explicitly include the minimum standards. Provides that a written energy policy statement may not condition approval of an application on approval by adjacent property owners. Restricts an association from inquiring into a property owner's energy usage, imposing conditions impairing the operation of a solar energy system, imposing conditions negatively impacting any component warranty, or requiring post-installation reporting. Provides that a property owner may not be denied permission to install a solar energy system based on system ownership or financing method chosen by the property owner. Allows an association's written energy policy statement to impose reasonable conditions concerning the location of on-site storage of materials and equipment during the installation process and the maintenance, repair, replacement, and ultimate removal of damaged or inoperable systems. Provides that no energy policy statement shall be valid unless recorded as required by applicable law in the office of the recorder of deeds in the county where the property is located. Requires an application for approval to be made available in hard copy form at a property owner's request or, if the association maintains a website, through the website. Provides that an application shall be processed by the appropriate approving entity of the association within 30 (rather than 75) days of the submission of the application. Provides that if an association fails to adopt a written solar energy policy statement or process an application for approval within the specified time, the property owner may proceed with the installation or use of the proposed solar energy system notwithstanding any other policy or provision in the homeowners' common interest community or condominium unit owners' association declaration. Allows a property owner to resubmit an application for approval previously denied by an association, and requires any such resubmitted application shall be evaluated under the changes made by the amendatory Act. Makes conforming and other changes. Effective immediately. LRB103 26884 LNS 53248 b LRB103 26884 LNS 53248 b A BILL FOR
22 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB1544 Introduced 2/8/2023, by Sen. Bill Cunningham SYNOPSIS AS INTRODUCED:
33 765 ILCS 165/20765 ILCS 165/25765 ILCS 165/30765 ILCS 165/40 765 ILCS 165/20 765 ILCS 165/25 765 ILCS 165/30 765 ILCS 165/40
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88 Amends the Homeowners Energy Policy Statement Act. Requires any energy policy statement to explicitly include the minimum standards. Provides that a written energy policy statement may not condition approval of an application on approval by adjacent property owners. Restricts an association from inquiring into a property owner's energy usage, imposing conditions impairing the operation of a solar energy system, imposing conditions negatively impacting any component warranty, or requiring post-installation reporting. Provides that a property owner may not be denied permission to install a solar energy system based on system ownership or financing method chosen by the property owner. Allows an association's written energy policy statement to impose reasonable conditions concerning the location of on-site storage of materials and equipment during the installation process and the maintenance, repair, replacement, and ultimate removal of damaged or inoperable systems. Provides that no energy policy statement shall be valid unless recorded as required by applicable law in the office of the recorder of deeds in the county where the property is located. Requires an application for approval to be made available in hard copy form at a property owner's request or, if the association maintains a website, through the website. Provides that an application shall be processed by the appropriate approving entity of the association within 30 (rather than 75) days of the submission of the application. Provides that if an association fails to adopt a written solar energy policy statement or process an application for approval within the specified time, the property owner may proceed with the installation or use of the proposed solar energy system notwithstanding any other policy or provision in the homeowners' common interest community or condominium unit owners' association declaration. Allows a property owner to resubmit an application for approval previously denied by an association, and requires any such resubmitted application shall be evaluated under the changes made by the amendatory Act. Makes conforming and other changes. Effective immediately.
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1414 1 AN ACT concerning civil law.
1515 2 Be it enacted by the People of the State of Illinois,
1616 3 represented in the General Assembly:
1717 4 Section 5. The Homeowners' Energy Policy Statement Act is
1818 5 amended by changing Sections 20, 25, 30, and 40 as follows:
1919 6 (765 ILCS 165/20)
2020 7 Sec. 20. Deed restrictions; covenants.
2121 8 (a) No deed restrictions, covenants, or similar binding
2222 9 agreements running with the land shall prohibit or have the
2323 10 effect of prohibiting a solar energy system from being
2424 11 installed on a building erected on a lot or parcel covered by
2525 12 the deed restrictions, covenants, or binding agreements, if
2626 13 the building is subject to a homeowners' association, common
2727 14 interest community association, or condominium unit owners'
2828 15 association. A property owner may not be denied permission to
2929 16 install a solar energy system, or be required to utilize
3030 17 specific technology, by any entity granted the power or right
3131 18 in any deed restriction, covenant, or similar binding
3232 19 agreement to approve, forbid, control, or direct alteration of
3333 20 property. However, for purposes of this Act, the entity may
3434 21 determine the specific configuration of the elements of a
3535 22 solar energy system on a given roof face, provided that it may
3636 23 not prohibit elements of the system from being installed on
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4040 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB1544 Introduced 2/8/2023, by Sen. Bill Cunningham SYNOPSIS AS INTRODUCED:
4141 765 ILCS 165/20765 ILCS 165/25765 ILCS 165/30765 ILCS 165/40 765 ILCS 165/20 765 ILCS 165/25 765 ILCS 165/30 765 ILCS 165/40
4242 765 ILCS 165/20
4343 765 ILCS 165/25
4444 765 ILCS 165/30
4545 765 ILCS 165/40
4646 Amends the Homeowners Energy Policy Statement Act. Requires any energy policy statement to explicitly include the minimum standards. Provides that a written energy policy statement may not condition approval of an application on approval by adjacent property owners. Restricts an association from inquiring into a property owner's energy usage, imposing conditions impairing the operation of a solar energy system, imposing conditions negatively impacting any component warranty, or requiring post-installation reporting. Provides that a property owner may not be denied permission to install a solar energy system based on system ownership or financing method chosen by the property owner. Allows an association's written energy policy statement to impose reasonable conditions concerning the location of on-site storage of materials and equipment during the installation process and the maintenance, repair, replacement, and ultimate removal of damaged or inoperable systems. Provides that no energy policy statement shall be valid unless recorded as required by applicable law in the office of the recorder of deeds in the county where the property is located. Requires an application for approval to be made available in hard copy form at a property owner's request or, if the association maintains a website, through the website. Provides that an application shall be processed by the appropriate approving entity of the association within 30 (rather than 75) days of the submission of the application. Provides that if an association fails to adopt a written solar energy policy statement or process an application for approval within the specified time, the property owner may proceed with the installation or use of the proposed solar energy system notwithstanding any other policy or provision in the homeowners' common interest community or condominium unit owners' association declaration. Allows a property owner to resubmit an application for approval previously denied by an association, and requires any such resubmitted application shall be evaluated under the changes made by the amendatory Act. Makes conforming and other changes. Effective immediately.
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7777 1 any roof face and that any such determination may not reduce
7878 2 the production of the solar energy system by more than 10%. For
7979 3 the purposes of this Section, "production" means the estimated
8080 4 annual electrical production of the solar energy system.
8181 5 (b) Within 90 days after a homeowners' association, common
8282 6 interest community association, or condominium unit owners'
8383 7 association receives a request for a policy statement or an
8484 8 application from an association member, the association shall
8585 9 adopt a written an energy policy statement. Any energy policy
8686 10 statement, regardless of when adopted, shall explicitly
8787 11 include as the minimum standards the terms of this Section but
8888 12 may also include standards regarding: (i) the location,
8989 13 design, and architectural requirements of solar energy
9090 14 systems; and (ii) whether a wind energy collection, rain water
9191 15 collection, or composting system is allowed, and, if so, the
9292 16 location, design, and architectural requirements of those
9393 17 systems. A written energy policy statement may not condition
9494 18 approval of an application on approval by adjacent property
9595 19 owners. An association may not inquire into a property owner's
9696 20 energy usage, impose conditions impairing the operation of a
9797 21 solar energy system, impose conditions negatively impacting
9898 22 any component warranty, or require post-installation
9999 23 reporting. Nor may a property owner be denied permission to
100100 24 install a solar energy system based on system ownership or
101101 25 financing method chosen by the property owner. Notwithstanding
102102 26 the foregoing and consistent with an association's conditions
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113113 1 pertaining to nonsolar projects, an association's written
114114 2 energy policy statement may impose reasonable conditions
115115 3 concerning the location of on-site storage of materials and
116116 4 equipment during the installation process and the maintenance,
117117 5 repair, replacement, and ultimate removal of damaged or
118118 6 inoperable systems. An association shall disclose, upon
119119 7 request, its written energy policy statement and shall include
120120 8 the statement in its homeowners' common interest community, or
121121 9 condominium unit owners' association declaration. No energy
122122 10 policy statement shall be valid unless recorded as required by
123123 11 applicable law in the office of the recorder of deeds in the
124124 12 county where the property is located.
125125 13 (Source: P.A. 102-161, eff. 7-26-21.)
126126 14 (765 ILCS 165/25)
127127 15 Sec. 25. Standards and requirements. A solar energy system
128128 16 shall meet applicable standards and requirements imposed by
129129 17 State and local permitting authorities other than a
130130 18 homeowners' association, common interest community
131131 19 association, or condominium unit owners' association.
132132 20 (Source: P.A. 96-1436, eff. 1-1-11.)
133133 21 (765 ILCS 165/30)
134134 22 Sec. 30. Application for approval.
135135 23 (a) Whenever approval is required for the installation or
136136 24 use of a solar energy system, the application for approval
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147147 1 shall be made available in hard copy form at a property owner's
148148 2 request or, if the association maintains a website, through
149149 3 the website. An association need not utilize an application
150150 4 form specific to solar installations. An association may not
151151 5 impose any fee for submitting an application pertaining to a
152152 6 solar energy system above that which it assesses for any other
153153 7 application related to changes to property. The application
154154 8 shall be processed by the appropriate approving entity of the
155155 9 association within 30 75 days of the submission of the
156156 10 application. At the request of the property owner, an
157157 11 association may communicate with the property owner's solar
158158 12 energy system contractor.
159159 13 (b) If However, if an application is submitted before a
160160 14 written an energy policy statement is adopted by an
161161 15 association, the application shall be processed within 120
162162 16 days from the date the property owner submitted the
163163 17 application 75-day period shall not begin to run until the
164164 18 date that the policy is adopted.
165165 19 (c) If an association fails to adopt a written solar
166166 20 energy policy statement consistent with this Act or process an
167167 21 application for approval within the specified time, the
168168 22 property owner may proceed with the installation or use of the
169169 23 proposed solar energy system notwithstanding any other policy
170170 24 or provision in the homeowners' common interest community or
171171 25 condominium unit owners' association declaration. In such
172172 26 situations, an association may not impose fines or otherwise
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183183 1 penalize a property owner for exercising its rights under this
184184 2 Act.
185185 3 (d) A property owner may resubmit an application for
186186 4 approval previously denied by an association; any such
187187 5 resubmitted application shall be evaluated under the changes
188188 6 made by this amendatory Act of the 103rd General Assembly.
189189 7 (Source: P.A. 102-161, eff. 7-26-21.)
190190 8 (765 ILCS 165/40)
191191 9 Sec. 40. Costs; attorney's fees. In any litigation arising
192192 10 under this Act or involving the application of this Act, the
193193 11 prevailing party shall be entitled to costs and reasonable
194194 12 attorney's fees.
195195 13 (Source: P.A. 96-1436, eff. 1-1-11.)
196196 14 Section 99. Effective date. This Act takes effect upon
197197 15 becoming law.
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