55 ILCS 5/ Counties Code.

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    (55 ILCS 5/Div. 5-46 heading)
Division 5-46. Solar Bill of Rights
(Source: P.A. 104-458, eff. 6-1-26.)

    (55 ILCS 5/5-46005)
    (This Section may contain text from a Public Act with a delayed effective date)
    Sec. 5-46005. Definitions. As used in this Division:
    "Low-voltage solar-powered device" means a piece of equipment designed for a particular purpose, including, but not limited to, doorbells, security systems, and illumination equipment, powered by a solar collector operating at less than 50 volts, and located:
        (1) entirely within the lot or parcel owned by the
    
property owner; or
        (2) within a common area without being permanently
    
attached to common property.
    "Solar collector" means:
        (1) an assembly, structure, or design, including
    
passive elements, used for gathering, concentrating, or absorbing direct and indirect solar energy and specially designed for holding a substantial amount of useful thermal energy and to transfer that energy to a gas, solid, or liquid or to use that energy directly;
        (2) a mechanism that absorbs solar energy and
    
converts it into electricity;
        (3) a mechanism or process used for gathering solar
    
energy through wind or thermal gradients; or
        (4) a component used to transfer thermal energy to a
    
gas, solid, or liquid, or to convert it into electricity.
    "Solar energy" means radiant energy received from the sun at wavelengths suitable for heat transfer, photosynthetic use, or photovoltaic use.
    "Solar energy system" means:
        (1) a complete assembly, structure, or design of a
    
solar collector or a solar storage mechanism that uses solar energy for generating electricity or for heating or cooling gases, solids, liquids, or other materials; and
        (2) the design, materials, or elements of a system
    
and its maintenance, operation, and labor components, and the necessary components, if any, of supplemental conventional energy systems designed or constructed to interface with a solar energy system.
    "Solar storage mechanism" means equipment or elements, such as piping and transfer mechanisms, containers, heat exchangers, batteries, or controls thereof and gases, solids, liquids, or combinations thereof, that are utilized for storing solar energy, gathered by a solar collector, for subsequent use.
(Source: P.A. 104-458, eff. 6-1-26.)

    (55 ILCS 5/5-46010)
    (This Section may contain text from a Public Act with a delayed effective date)
    Sec. 5-46010. Prohibitions. Notwithstanding any provision of this Code or other provision of law, the adoption of any ordinance or resolution or the exercise of any power by a county that prohibits or has the effect of prohibiting the installation of a solar energy system or low-voltage solar-powered devices is expressly prohibited.
(Source: P.A. 104-458, eff. 6-1-26.)

    (55 ILCS 5/5-46020)
    (This Section may contain text from a Public Act with a delayed effective date)
    Sec. 5-46020. Costs; attorney's fees. In any litigation arising under this Division or involving the application of this Division, the prevailing party shall be entitled to costs and reasonable attorney's fees.
(Source: P.A. 104-458, eff. 6-1-26.)

    (55 ILCS 5/5-46025)
    (This Section may contain text from a Public Act with a delayed effective date)
    Sec. 5-46025. Applicability.
    (a) As used in this Section, "shared roof" means any roof that (i) serves more than one unit, including, but not limited to, a contiguous roof serving adjacent units, or (ii) is part of the common elements or common area of a unit.
    (b) This Division shall not apply to any building that:
        (1) is greater than 60 feet in height; or
        (2) has a shared roof.
    (c) Notwithstanding subsection (b) of this Section, this Division shall apply to any building with a shared roof:
        (1) where the solar energy system is located entirely
    
within that portion of the shared roof that is owned and maintained by the property owner;
        (2) where all property owners sharing the shared roof
    
are in agreement to install a solar energy system; or
        (3) to the extent this Division applies to
    
low-voltage solar-powered devices.
(Source: P.A. 104-458, eff. 6-1-26.)