101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB4068

 

Introduced 1/13/2020, by Rep. Daniel Didech

 

SYNOPSIS AS INTRODUCED:
 
765 ILCS 165/20
765 ILCS 165/30

    Amends the Homeowners' Energy Policy Statement Act. Provides that the entity granted such power in a deed restriction may determine the specific location where a solar energy system may be installed on the roof if the determination does not reduce the production or productivity of the solar energy system by more than 5% (rather than within an orientation to the south or with 45 degrees east or west of due south provided that the determination does not impair the effective operation of the solar energy system). Defines "production" and "productivity". Provides that a homeowners' association, common interest community association, or condominium unit owners' association shall adopt an energy policy statement within 60 days (rather than 120 days) after receiving a request for a policy statement or an application from an association member. Provides that the application for approval to install or use a solar energy system shall be processed within 60 days of (rather than 90 days after) the submission of the application. Deletes language providing that if an application is submitted before an energy policy statement is adopted by an association, the 90-day period shall not begin to run until the date that the policy is adopted.


LRB101 12751 LNS 61584 b

 

 

A BILL FOR

 

HB4068LRB101 12751 LNS 61584 b

1    AN ACT concerning civil law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Homeowners' Energy Policy Statement Act is
5amended by changing Sections 20 and 30 as follows:
 
6    (765 ILCS 165/20)
7    Sec. 20. Deed restrictions; covenants. No deed
8restrictions, covenants, or similar binding agreements running
9with the land shall prohibit or have the effect of prohibiting
10a solar energy system from being installed on a building
11erected on a lot or parcel covered by the deed restrictions,
12covenants, or binding agreements, if the building is subject to
13a homeowners' association, common interest community
14association, or condominium unit owners' association. A
15property owner may not be denied permission to install a solar
16energy system by any entity granted the power or right in any
17deed restriction, covenant, or similar binding agreement to
18approve, forbid, control, or direct alteration of property.
19However, for purposes of this Act, the entity may determine the
20specific location where a solar energy system may be installed
21on the roof if the within an orientation to the south or within
2245 degrees east or west of due south provided that the
23determination does not reduce the production or productivity of

 

 

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1the solar energy system by more than 5%. For the purposes of
2this Section: (1) "production" means the expected annual
3electrical production of the solar energy system; and (2)
4"productivity" means the production divided by the capacity of
5the solar energy system impair the effective operation of the
6solar energy system. Within 120 days after a homeowners'
7association, common interest community association, or
8condominium unit owners' association receives a request for a
9policy statement or an application from an association member,
10the association shall adopt an energy policy statement
11regarding: (i) the location, design, and architectural
12requirements of solar energy systems; and (ii) whether a wind
13energy collection, rain water collection, or composting system
14is allowed, and, if so, the location, design, and architectural
15requirements of those systems. An association shall disclose,
16upon request, its energy policy statement and shall include the
17statement in its homeowners' common interest community, or
18condominium unit owners' association declaration.
19(Source: P.A. 96-1436, eff. 1-1-11; 97-105, eff. 1-1-12.)
 
20    (765 ILCS 165/30)
21    Sec. 30. Application for approval. Whenever approval is
22required for the installation or use of a solar energy system,
23the application for approval shall be processed by the
24appropriate approving entity of the association within 60 90
25days of after the submission of the application. However, if an

 

 

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1application is submitted before an energy policy statement is
2adopted by an association, the 90 day period shall not begin to
3run until the date that the policy is adopted.
4(Source: P.A. 96-1436, eff. 1-1-11.)