HB3987ham002 96TH GENERAL ASSEMBLY

Rep. Julie Hamos

Filed: 3/25/2009

09600HB3987ham002 LRB096 11406 JDS 24556 a

AMENDMENT TO HOUSE BILL 3987

AMENDMENT NO. ______. Amend House Bill 3987, AS AMENDED, with reference to page and line numbers of House Amendment No. 1, on page 1, line 4 by replacing "Section 5. The Energy Efficient Commercial Building Act is" with the following:

"Section 1. Short title. This Act may be cited as the Homeowners' Solar Rights Act.

Section 5. The legislative intent in enacting this Act is to protect the public health, safety, and welfare by encouraging the development and use of renewable resources in order to conserve and protect the value of land, buildings, and resources by preventing the adoption of measures which will have the ultimate effect, however unintended, of increasing the costs of owning and operating commercial or residential property beyond the capacity of private owners to maintain.

Section 10. Notwithstanding any provision of this Act or other provision of law, the adoption of a bylaw or exercise of any power by the governing entity of a homeowners' association, property owners' association, or condominium unit owners' association which prohibits or has the effect of prohibiting the installation of a solar energy system or other energy device based on a renewable resource is expressly prohibited.

Section 15. 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 energy device based on a renewable resource from being installed on a building erected on a lot or parcel covered by the deed restrictions, covenants, or binding agreements. A property owner may not be denied permission to install a solar energy system or other energy device based on a renewable resource by any entity granted the power or right in any deed restriction, covenant, or similar binding agreement to approve, forbid, control, or direct alteration of property with respect to residential dwellings not exceeding 3 stories in height. However, for purposes of this Act, the entity may determine the specific location where a solar energy system may be installed on the roof within an orientation to the south or within 45 degrees east or west of due south provided that the determination does not impair the effective operation of the solar energy system.

Section 20. A solar energy system or other energy device based on a renewable resource shall meet applicable standards and requirements imposed by State and local permitting authorities. A solar energy system shall be certified by the Solar Rating and Certification Corporation (SRCC) or another similar nationally recognized certification entity.

Section 25. Whenever approval is required for the installation or use of a solar energy system, the application for approval shall be processed and approved by the appropriate approving entity in the same manner as an application for approval of an architectural modification to the property, and the application shall not be willfully avoided or delayed.

Section 30. Any entity, other than a public entity, that willfully violates this Act shall be liable to the applicant or any other party affected by a willful violation of this Act for actual damages occasioned thereby and for any other consequential damages.

Section 35. In any litigation arising under this Act, the prevailing party shall be entitled to costs and reasonable attorney's fees.

Section 90. The Energy Efficient Commercial Building Act is".