REAL PROP-SOLAR ENERGY RESTRIC Senate SponsorsSen. John J. Cullerton, Michael Noland, Pamela J. Althoff, Michael W. Frerichs, Martin A. Sandoval, William Delgado, Don Harmon and Ira I. Silverstein-Kimberly A. Lightford House Sponsors(Rep. Julie Hamos-Sara Feigenholtz-Elaine Nekritz-Dave Winters-Ruth Munson, Careen M Gordon, Mike Fortner, Sandra M. Pihos, Elizabeth Coulson, Sandy Cole, William Davis, Sidney H. Mathias, Susana A Mendoza, Maria Antonia Berrios, LaShawn K. Ford, Karen May, Kathleen A. Ryg, Eddie Washington and Dennis M. Reboletti) 1/13/2009SenateSession Sine Die New ActCreates the Homeowners' Solar Energy Act. Provides that no bylaw or action of a homeowners' association, property owners' association, or a condominium unit owners' association shall prohibit or be interpreted to prohibit a solar energy system or other energy device based on a renewable resource. Provides that no deed restrictions, covenants, or similar binding agreements running with the land shall prohibit or have the effect of prohibiting a solar energy system or other renewable resource energy device from being installed on residential dwelling property that does not exceed 3 stories. Provides that an owners' association may determine the location of a solar energy system. Provides that solar energy systems shall be certified by the Solar Rating and Certification Corporation (SRCC) or another nationally recognized certification entity. Provides that an application for the installation of a solar energy system shall be processed and approved as an application for architectural modification and shall not be willfully avoided or delayed. Provides that any entity, other than a public entity, that willfully violates this Act shall be liable to the applicant or other party adversely affected for actual damages. Provides that in any litigation under this Act, the prevailing party is entitled to reasonable attorney's fees. Provides that the legislative purpose of this Act is to protect the public health, safety, and welfare by encouraging the use of renewable resource energy systems to conserve and protect land and resources and prevent measures which will drive the cost of owning residential property beyond the capacity of private owners.House Amendment No. 1 Replaces everything after the enacting clause with provisions substantially similar to the engrossed bill, except for the following. Provides that each homeowners' association and condominium unit owners' association shall adopt an energy policy statement concerning the location, design, and architectural requirements of solar energy systems or other energy devices. Provides that any entity that complies with the Act is not liable to any other resident or third party for such compliance. In language giving property owners specified rights, deletes language limiting those rights to residential dwellings not exceeding 3 stories in height. Adds language providing that the Act does not apply to a building more than 30 feet in height.House Amendment No. 2 Adds reference to:20 ILCS 3125/120 ILCS 3125/520 ILCS 3125/1020 ILCS 3125/1520 ILCS 3125/2020 ILCS 3125/45Amends the Energy Efficient Commercial Building Act. Changes the short title to the Energy Efficient Building Act. Provides that the Code adopted under the Act applies to any new building or structure (rather than any commercial building or structure). Deletes language providing that residential buildings are exempt from the Code. Adds language providing that additions, alterations, renovations, or repairs to existing residential structures are exempt from the Code. Provides that any unit of local government that has adopted the efficiency standards of the 2000 International Energy Conservation Code, with the 2001 supplement, on or before January 1, 2007, may continue to regulate energy efficient building standards under that Code. Adds an immediate effective date.House Amendment No. 3 Deletes the immediate effective date.House Amendment No. 4 Deletes everything after the enacting clause. Reinserts the provisions of the bill as amended by House Amendment 1. Also amends the Energy Efficient Commercial Building Act. Provides that the Capital Development Board must adopt the specified energy conservation code as the minimum and maximum requirements for the construction of residential buildings. Provides that units of local government are not required to adopt or administer the Code, and provides that a unit of local government that has adopted any previously published editions of the International Energy Conservation Code on or before May 1, 2008, may continue to regulate energy efficient building standards under that Code. Preempts home rule powers. Effective immediately. 2/8/2007SenateFiled with Secretary by Sen. John J. Cullerton 2/8/2007SenateFirst Reading 2/8/2007SenateReferred to Rules 2/21/2007SenateAssigned to Environment and Energy 3/1/2007SenateHeld in Environment and Energy 3/1/2007SenateAdded as Co-Sponsor Sen. Michael Noland 3/8/2007SenateDo Pass Environment and Energy; 009-000-000 3/8/2007SenatePlaced on Calendar Order of 2nd Reading March 13, 2007 3/20/2007SenateSecond Reading 3/20/2007SenatePlaced on Calendar Order of 3rd Reading March 21, 2007 3/29/2007SenateAdded as Co-Sponsor Sen. Pamela J. Althoff 3/29/2007SenateAdded as Co-Sponsor Sen. Michael W. Frerichs 3/29/2007SenateThird Reading - Passed; 056-000-000 3/30/2007HouseArrived in House 3/30/2007HousePlaced on Calendar Order of First Reading 4/5/2007HouseChief House Sponsor Rep. Sara Feigenholtz 4/9/2007HouseFirst Reading 4/9/2007HouseReferred to Rules Committee 4/18/2007HouseAdded Alternate Chief Co-Sponsor Rep. Karen May 4/30/2007HouseAssigned to Environment & Energy Committee 5/16/2007HouseDo Pass / Short Debate Environment & Energy Committee; 015-000-000 5/17/2007HousePlaced on Calendar 2nd Reading - Short Debate 5/24/2007HouseHouse Amendment No. 1 Filed with Clerk by Rep. Sara Feigenholtz 5/24/2007HouseHouse Amendment No. 1 Referred to Rules Committee 5/24/2007HouseHouse Amendment No. 2 Filed with Clerk by Rep. Julie Hamos 5/24/2007HouseHouse Amendment No. 2 Referred to Rules Committee 5/25/2007HouseHouse Amendment No. 1 Recommends Be Adopted Rules Committee; 004-000-000 5/25/2007HouseHouse Amendment No. 2 Recommends Be Adopted Rules Committee; 004-000-000 5/25/2007HouseSecond Reading - Short Debate 5/25/2007HouseHouse Amendment No. 1 Adopted by Voice Vote 5/25/2007HouseHouse Amendment No. 2 Adopted by Voice Vote 5/25/2007HousePlaced on Calendar Order of 3rd Reading - Short Debate 5/28/2007HouseAdded Alternate Chief Co-Sponsor Rep. Dave Winters 5/28/2007HouseAdded Alternate Chief Co-Sponsor Rep. Julie Hamos 5/28/2007HouseAdded Alternate Chief Co-Sponsor Rep. Ruth Munson 5/29/2007HouseAdded Alternate Co-Sponsor Rep. Careen M Gordon 5/31/2007HouseHouse Amendment No. 3 Filed with Clerk by Rep. Julie Hamos 5/31/2007HouseHouse Amendment No. 3 Referred to Rules Committee 5/31/2007HouseFinal Action Deadline Extended-9(b) June 8, 2007 6/1/2007HouseRecalled to Second Reading - Short Debate 6/1/2007HouseHeld on Calendar Order of Second Reading - Short Debate 6/5/2007HouseHouse Amendment No. 3 Recommends Be Adopted Rules Committee; 003-001-000 6/5/2007HouseHouse Amendment No. 3 Adopted by Voice Vote 6/5/2007HouseAdded Alternate Co-Sponsor Rep. Mike Fortner 6/5/2007HousePlaced on Calendar Order of 3rd Reading - Short Debate 6/5/2007HouseRemoved from Short Debate Status 6/5/2007HousePlaced on Calendar Order of 3rd Reading - Extended Debate 6/5/2007HouseThird Reading - Consideration Postponed 6/5/2007HousePlaced on Calendar - Consideration Postponed June 5, 2007 6/5/2007HouseAdded Alternate Co-Sponsor Rep. Sandra M. Pihos 6/8/2007HouseFinal Action Deadline Extended-9(b) June 15, 2007 6/15/2007HouseFinal Action Deadline Extended-9(b) June 22, 2007 6/22/2007HouseFinal Action Deadline Extended-9(b) June 30, 2007 6/30/2007HouseFinal Action Deadline Extended-9(b) July 31, 2007 7/6/2007HouseAdded Alternate Co-Sponsor Rep. Elizabeth Coulson 7/24/2007SenateAdded as Co-Sponsor Sen. Martin A. Sandoval 7/31/2007HouseFinal Action Deadline Extended-9(b) August 4, 2007 8/4/2007HouseFinal Action Deadline Extended-9(b) August 10, 2007 8/10/2007HouseFinal Action Deadline Extended-9(b) August 17, 2007 8/17/2007HouseFinal Action Deadline Extended-9(b) August 24, 2007 8/24/2007HouseFinal Action Deadline Extended-9(b) September 5, 2007 9/5/2007HouseFinal Action Deadline Extended-9(b) October 5, 2007 10/5/2007HouseFinal Action Deadline Extended-9(b) October 12, 2007 10/12/2007HouseFinal Action Deadline Extended-9(b) November 2, 2007 11/2/2007HouseFinal Action Deadline Extended-9(b) November 30, 2007 11/30/2007HouseFinal Action Deadline Extended-9(b) January 10, 2008 1/10/2008HouseRule 19(a) / Re-referred to Rules Committee 2/21/2008HouseAdded Alternate Co-Sponsor Rep. Sandy Cole 2/21/2008HouseAdded Alternate Co-Sponsor Rep. William Davis 2/27/2008HouseAdded Alternate Co-Sponsor Rep. Sidney H. Mathias 3/3/2008HouseAdded Alternate Co-Sponsor Rep. Susana A Mendoza 3/3/2008HouseAdded Alternate Co-Sponsor Rep. Maria Antonia Berrios 3/4/2008HouseAlternate Chief Sponsor Changed to Rep. Julie Hamos 3/4/2008HouseAlternate Chief Co-Sponsor Removed Rep. Julie Hamos 3/24/2008SenateAdded as Co-Sponsor Sen. William Delgado 3/31/2008SenateAdded as Co-Sponsor Sen. Don Harmon 4/2/2008HouseAdded Alternate Co-Sponsor Rep. LaShawn K. Ford 4/3/2008SenateAdded as Co-Sponsor Sen. Ira I. Silverstein 4/8/2008SenateAdded as Chief Co-Sponsor Sen. Kimberly A. Lightford 5/21/2008HouseCommittee Deadline Extended-Rule 9(b) May 23, 2008 5/21/2008HouseApproved for Consideration Rules Committee; 004-000-000 5/21/2008HousePlaced on Calendar - Consideration Postponed May 21, 2008 5/23/2008HouseFinal Action Deadline Extended-9(b) May 31, 2008 5/28/2008HouseRecalled to Second Reading - Short Debate 5/28/2008HouseHeld on Calendar Order of Second Reading - Short Debate 5/28/2008HouseHouse Amendment No. 4 Filed with Clerk by Rep. Julie Hamos 5/28/2008HouseHouse Amendment No. 4 Referred to Rules Committee 5/28/2008HouseAdded Alternate Chief Co-Sponsor Rep. Elaine Nekritz 5/29/2008HouseHouse Amendment No. 4 Rules Refers to Environment & Energy Committee 5/30/2008HouseHouse Amendment No. 4 Recommends Be Adopted Environment & Energy Committee; 018-000-000 5/30/2008HouseHouse Amendment No. 4 Adopted by Voice Vote 5/30/2008HousePlaced on Calendar Order of 3rd Reading - Short Debate 5/30/2008HouseAlternate Chief Co-Sponsor Removed Rep. Karen May 5/30/2008HouseAdded Alternate Co-Sponsor Rep. Karen May 5/30/2008HouseAdded Alternate Chief Co-Sponsor Rep. Sara Feigenholtz 5/30/2008HouseAdded Alternate Co-Sponsor Rep. Kathleen A. Ryg 5/30/2008HouseAdded Alternate Co-Sponsor Rep. Eddie Washington 5/30/2008HouseAdded Alternate Co-Sponsor Rep. Dennis M. Reboletti 5/30/2008HouseThird Reading - Short Debate - Passed 109-005-000 5/30/2008SenateSecretary's Desk - Concurrence House Amendment(s) 01,02,03,04 5/30/2008SenatePlaced on Calendar Order of Concurrence House Amendment(s) 01,02,03,04-May 31, 2008 5/30/2008SenateHouse Amendment No. 1 Motion to Concur Filed with Secretary Sen. John J. Cullerton 5/30/2008SenateHouse Amendment No. 1 Motion to Concur Referred to Rules 7/1/2008SenatePursuant to Senate Rule 3-9(b) / Referred to Rules 1/13/2009SenateSession Sine Die