Rep. Daniel Didech

Filed: 2/28/2023

 

 


 

 


 
10300HB2174ham001LRB103 26885 LNS 58036 a

1
AMENDMENT TO HOUSE BILL 2174

2    AMENDMENT NO. ______. Amend House Bill 2174 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Homeowners' Energy Policy Statement Act is
5amended by changing Sections 20, 25, 30, and 40 as follows:
 
6    (765 ILCS 165/20)
7    Sec. 20. Deed restrictions; covenants.
8    (a) No deed restrictions, covenants, or similar binding
9agreements running with the land shall prohibit or have the
10effect of prohibiting a solar energy system from being
11installed on a building erected on a lot or parcel covered by
12the deed restrictions, covenants, or binding agreements, if
13the building is subject to a homeowners' association, common
14interest community association, or condominium unit owners'
15association. A property owner may not be denied permission to
16install a solar energy system, or be required to utilize

 

 

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1specific technology, including, but not limited to, solar
2shingles rather than traditional solar panels, by any entity
3granted the power or right in any deed restriction, covenant,
4or similar binding agreement to approve, forbid, control, or
5direct alteration of property. However, for purposes of this
6Act, the entity may determine the specific configuration of
7the elements of a solar energy system on a given roof face,
8provided that it may not prohibit elements of the system from
9being installed on any roof face and that any such
10determination may not reduce the production of the solar
11energy system by more than 10%. For the purposes of this
12Section, "production" means the estimated annual electrical
13production of the solar energy system.
14    (b) Within 90 days after a homeowners' association, common
15interest community association, or condominium unit owners'
16association receives a request for a policy statement or an
17application from an association member, the association shall
18adopt a written an energy policy statement. Any energy policy
19statement, regardless of when adopted, shall explicitly
20include as the minimum standards the terms of this Section but
21may also include standards regarding: (i) the location,
22design, and architectural requirements of solar energy
23systems; and (ii) whether a wind energy collection, rain water
24collection, or composting system is allowed, and, if so, the
25location, design, and architectural requirements of those
26systems. A written energy policy statement may not condition

 

 

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1approval of an application on approval by adjacent property
2owners. An association may not inquire into a property owner's
3energy usage, impose conditions impairing the operation of a
4solar energy system, impose conditions negatively impacting
5any component industry standard warranty, or require
6post-installation reporting. Nor may a property owner be
7denied permission to install a solar energy system based on
8system ownership or financing method chosen by the property
9owner. Notwithstanding the foregoing, an association's written
10energy policy statement may impose reasonable conditions
11concerning the maintenance, repair, replacement, and ultimate
12removal of damaged or inoperable systems so long as such
13conditions are not more onerous than the association's
14analogous conditions for nonsolar projects. An association
15shall disclose, upon request, its written energy policy
16statement and shall include the statement in its homeowners'
17common interest community, or condominium unit owners'
18association declaration.
19    (c) Any provision of a homeowners' common interest
20community or condominium unit owners' declaration or energy
21policy statement that conflicts with this Act shall be void
22and unenforceable as contrary to public policy.
23(Source: P.A. 102-161, eff. 7-26-21.)
 
24    (765 ILCS 165/25)
25    Sec. 25. Standards and requirements. A solar energy system

 

 

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1shall meet applicable standards and requirements imposed by
2State and local permitting authorities other than a
3homeowners' association, common interest community
4association, or condominium unit owners' association.
5(Source: P.A. 96-1436, eff. 1-1-11.)
 
6    (765 ILCS 165/30)
7    Sec. 30. Application for approval.
8    (a) Whenever approval is required for the installation or
9use of a solar energy system, the application for approval
10shall be made available in hard copy form at a property owner's
11request or, if the association maintains a website, through
12the website. An association need not utilize an application
13form specific to solar installations. An association may not
14impose any fee for submitting an application pertaining to a
15solar energy system above that which it assesses for any other
16application related to changes to property. The application
17shall be processed by the appropriate approving entity of the
18association within 30 75 days of the submission of the
19application. At the request of the property owner, an
20association may communicate with the property owner's solar
21energy system contractor.
22    (b) If However, if an application is submitted before a
23written an energy policy statement is adopted by an
24association, the application shall be processed within 120
25days from the date the property owner submitted the

 

 

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1application 75-day period shall not begin to run until the
2date that the policy is adopted.
3    (c) If an association fails to adopt a written solar
4energy policy statement consistent with this Act or process an
5application for approval within the specified time, the
6property owner may proceed with the installation or use of the
7proposed solar energy system notwithstanding any other policy
8or provision in the homeowners' common interest community or
9condominium unit owners' association declaration. In such
10situations, an association may not impose fines or otherwise
11penalize a property owner for exercising its rights under this
12Act.
13    (d) A property owner may resubmit an application for
14approval previously denied by an association; any such
15resubmitted application shall be evaluated under the changes
16made by this amendatory Act of the 103rd General Assembly.
17(Source: P.A. 102-161, eff. 7-26-21.)
 
18    (765 ILCS 165/40)
19    Sec. 40. Costs; attorney's fees. In any litigation arising
20under this Act or involving the application of this Act, the
21prevailing party shall be entitled to costs and reasonable
22attorney's fees.
23(Source: P.A. 96-1436, eff. 1-1-11.)
 
24    Section 99. Effective date. This Act takes effect upon

 

 

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1becoming law.".