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Public Act 102-0161


 

Public Act 0161 102ND GENERAL ASSEMBLY

  
  
  

 


 
Public Act 102-0161
 
HB0644 EnrolledLRB102 13470 LNS 18817 b

    AN ACT concerning civil law.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Homeowners' Energy Policy Statement Act is
amended by changing Sections 10, 20, 30, and 45 as follows:
 
    (765 ILCS 165/10)
    Sec. 10. Definitions. In this Act:
    "Solar energy" means radiant energy received from the sun
at wave lengths suitable for heat transfer, photosynthetic
use, or photovoltaic use.
    "Solar collector" means:
        (1) an assembly, structure, or design, including
    passive elements, used for gathering, concentrating, or
    absorbing direct and indirect solar energy, 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; or
        (2) a mechanism that absorbs solar energy and converts
    it into electricity; or
        (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 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.
    "Solar energy system" means:
        (1) a complete assembly, structure, or design of solar
    collector, or a solar storage mechanism, which 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.
(Source: P.A. 96-1436, eff. 1-1-11.)
 
    (765 ILCS 165/20)
    Sec. 20. Deed restrictions; covenants. No deed
restrictions, covenants, or similar binding agreements running
with the land shall prohibit or have the effect of prohibiting
a solar energy system from being installed on a building
erected on a lot or parcel covered by the deed restrictions,
covenants, or binding agreements, if the building is subject
to a homeowners' association, common interest community
association, or condominium unit owners' association. A
property owner may not be denied permission to install a solar
energy system 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.
However, for purposes of this Act, the entity may determine
the specific configuration of the elements of a solar energy
system on a given roof face, provided that it may not prohibit
elements of the system from being installed on any roof face
and that any such determination may not reduce the production
of the solar energy system by more than 10%. For the purposes
of this Section, "production" means the estimated annual
electrical production of the solar energy system 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.
Within 90 120 days after a homeowners' association, common
interest community association, or condominium unit owners'
association receives a request for a policy statement or an
application from an association member, the association shall
adopt an energy policy statement regarding: (i) the location,
design, and architectural requirements of solar energy
systems; and (ii) whether a wind energy collection, rain water
collection, or composting system is allowed, and, if so, the
location, design, and architectural requirements of those
systems. An association shall disclose, upon request, its
energy policy statement and shall include the statement in its
homeowners' common interest community, or condominium unit
owners' association declaration.
(Source: P.A. 96-1436, eff. 1-1-11; 97-105, eff. 1-1-12.)
 
    (765 ILCS 165/30)
    Sec. 30. Application for approval. Whenever approval is
required for the installation or use of a solar energy system,
the application for approval shall be processed by the
appropriate approving entity of the association within 75 90
days of after the submission of the application. However, if
an application is submitted before an energy policy statement
is adopted by an association, the 75-day 90 day period shall
not begin to run until the date that the policy is adopted.
(Source: P.A. 96-1436, eff. 1-1-11.)
 
    (765 ILCS 165/45)
    Sec. 45. Inapplicability. This Act shall not apply to any
building that:
        (1) which is greater than 60 30 feet in height; or
        (2) has a shared roof and is subject to a homeowners'
    association, common interest community association,
    condominium unit owners' association.
    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.
(Source: P.A. 96-1436, eff. 1-1-11.)
 
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 7/26/2021