102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB0371

 

Introduced 1/29/2021, 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 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.


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A BILL FOR

 

HB0371LRB102 02660 LNS 12663 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
13to a 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
20the specific location where a solar energy system may be
21installed on the roof if the within an orientation to the south
22or within 45 degrees east or west of due south provided that
23the determination does not reduce the production or

 

 

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

 

 

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