Bill Amendment: IL HB5315 | 2023-2024 | 103rd General Assembly

NOTE: For additional amemendments please see the Bill Drafting List

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Bill Title: SOLAR ENERGY-VIDEO DOORBELL

Status: 2025-01-07 - Session Sine Die [HB5315 Detail]

Download: Illinois-2023-HB5315-House_Amendment_001.html

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Rep. Daniel Didech

Filed: 2/29/2024

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AMENDMENT TO HOUSE BILL 5315
AMENDMENT NO. ______. Amend House Bill 5315 by replacing
everything after the enacting clause with the following:
"Section 5. The Counties Code is amended by adding
Division 5-46 as follows:
(55 ILCS 5/Div. 5-46 heading new)
Division 5-46. Solar Bill of Rights
(55 ILCS 5/5-46005 new)
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

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property owner; or
(2) within a common area without being permanently
attached to common property.
"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:

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(1) a complete assembly, structure, or design of 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.
(55 ILCS 5/5-46010 new)
Sec. 5-46010. Prohibitions. Notwithstanding any provision
of this Code or other provision of law, the adoption of any
ordinance or resolution, or exercise of any power, by a county
which prohibits or has the effect of prohibiting the
installation of a solar energy system or low voltage solar
powered device is expressly prohibited.
(55 ILCS 5/5-46015 new)
Sec. 5-46015. Home rule. A home rule unit may not regulate
the Solar Bill of Rights in a manner more restrictive than the
regulation by the State under this Division. This Section is a
limitation under subsection (i) of Section 6 of Article VII of
the Illinois Constitution on the concurrent exercise by home
rule units of powers and functions exercised by the State.

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(55 ILCS 5/5-46020 new)
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.
(55 ILCS 5/5-46025 new)
Sec. 5-46025. Inapplicability; applicability.
(a) This Division shall not apply to any building that:
(1) is greater than 60 feet in height; or
(2) has a shared roof and is subject to a homeowners'
association, common interest community association, or
condominium unit owners' association.
(b) Notwithstanding subsection (a) 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 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.
(c) 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.

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Section 10. The Illinois Municipal Code is amended by
adding Division 15.5 to Article 11 as follows:
(65 ILCS 5/ Art. 11 Div. 15.5 heading new)
Division 15.5. SOLAR BILL OF RIGHTS
(65 ILCS 5/11-15.5-5 new)
Sec. 11-15.5-5. 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 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

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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 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.
(65 ILCS 5/11-15.5-10 new)

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Sec. 11-15.5-10. Prohibitions. Notwithstanding any
provision of this Code or other provision of law, the adoption
of any ordinance or resolution, or exercise of any power, by a
municipality that prohibits or has the effect of prohibiting
the installation of a solar energy system or low voltage solar
powered device is expressly prohibited.
(65 ILCS 5/11-15.5-15 new)
Sec. 11-15.5-15. Home rule. A home rule unit may not
regulate the Solar Bill of Rights in a manner more restrictive
than the regulation by the State under this Division. This
Section is a limitation under subsection (i) of Section 6 of
Article VII of the Illinois Constitution on the concurrent
exercise by home rule units of powers and functions exercised
by the State.
(65 ILCS 5/11-15.5-20 new)
Sec. 11-15.5-20. 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.
(65 ILCS 5/11-15.5-25 new)
Sec. 11-15.5-25. Inapplicability; applicability.
(a) This Division shall not apply to any building that:
(1) is greater than 60 feet in height; or

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(2) has a shared roof and is subject to a homeowners'
association, common interest community association, or
condominium unit owners' association.
(b) Notwithstanding subsection (a) 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 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.
(c) 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.
Section 15. The Public Utilities Act is amended by
changing Section 17-900 and by adding Section 17-900a as
follows:
(220 ILCS 5/17-900)
Sec. 17-900. Customer self-generation of electricity.
(a) The General Assembly finds and declares that municipal
systems and electric cooperatives shall continue to be
governed by their respective governing bodies, but that such

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governing bodies should recognize and implement policies to
provide the opportunity for their residential and small
commercial customers who wish to self-generate electricity and
for reasonable credits to customers for excess electricity,
balanced against the rights of the other non-self-generating
customers. This includes creating consistent, fair policies
that are accessible to all customers and transparent, fair
processes for raising and addressing any concerns.
(b) Customers have the right to install renewable
generating facilities to be located on the customer's premises
or customer's side of the billing meter and that are intended
primarily to offset the customer's own electrical requirements
and produce, consume, and store their own renewable energy
without discriminatory repercussions from an electric
cooperative or municipal system. This includes a customer's
rights to:
(1) generate, consume, and deliver excess renewable
energy to the distribution grid and reduce his or her use
of electricity obtained from the grid;
(2) use technology to store energy at his or her
residence;
(3) interconnect his or her electrical system that
generates renewable energy, stores energy, or any
combination thereof, with the electricity meter on the
customer's premises that is provided by an electric
cooperative or municipal system:

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(A) in a timely manner;
(B) in accordance with requirements established by
the electric cooperative or municipal utility to
ensure the safety of utility workers; and
(C) after providing written notice to the electric
cooperative or municipal utility system providing
service in the service territory, installing a
nomenclature plate on the electrical meter panel and
meeting all applicable State and local safety and
electrical code requirements associated with
installing a parallel distributed generation system;
and
(4) receive fair credit for excess energy delivered to
the distribution grid.
(c) The policies of municipal systems and electric
cooperatives regarding self-generation and credits for excess
electricity may reasonably differ from those required of other
entities by Article XVI of the Public Utilities Act or other
Acts. The credits must recognize the value of self-generation
to the distribution grid and benefits to other customers.
(d) Within 180 days after this amendatory Act of the 102nd
General Assembly, each electric cooperative and municipal
system shall update its policies for the interconnection and
fair crediting of customer self-generation and storage if
necessary, to comply with the standards of subsection (b) of
this Section. Each electric cooperative and municipal system

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shall post its updated policies to a public-facing area of its
website.
(e) An electric cooperative or municipal system customer
who produces, consumes, and stores his or her own renewable
energy shall not face discriminatory rate design, fees or
charges, treatment, or excessive compliance requirements that
would unreasonably affect that customer's right to
self-generate electricity as provided for in this Section.
(f) An electric cooperative or municipal utility system
customer shall have a right to appeal any decision related to
self-generation and storage that violates these rights to
self-generation and non-discrimination pursuant to the
provisions of this Section through a complaint under the
Administrative Review Law or similar legal process.
(g) An electric cooperative or municipal utility system
customer shall have a right to file a complaint with the
Illinois Commerce Commission related to the shared policy in
Section 17-900a.
(Source: P.A. 102-662, eff. 9-15-21.)
(220 ILCS 5/17-900a new)
Sec. 17-900a. Self-generation of renewable energy shared
policy.
(a) Through Public Act 99-906 and Public Act 102-662,
Illinois has established significant opportunities for the
customers of investor-owned public utilities to participate in

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the renewable energy market, enabling them to reduce their
energy costs and increase their resiliency while at the same
time providing benefits to the electric grid and environment.
However, the customers of municipal electric utility systems
and rural electric cooperatives often do not have the same
opportunities as customers of investor-owned utilities. The
General Assembly finds that customers of municipal electric
utility systems and rural electric cooperatives deserve the
same opportunities as it concerns self-generation.
(b) Municipal utility systems and rural electric
cooperatives shall have a shared policy governing
self-generation of renewable energy. This shared policy shall
be developed by the Illinois Municipal Electric Agency, the
Illinois Municipal Utilities Association, and the Association
of Illinois Electric Cooperatives and reviewed for compliance
with this Section by the Illinois Commerce Commission. The
initial shared policy must be drafted and received by the
Illinois Commerce Commission within 90 days after the
effective date of this amendatory Act of the 103rd General
Assembly. The Illinois Commerce Commission shall determine if
the shared policy meets the standards outlined in subsections
(c) and (d). Any deviations from those standards as determined
by the Agency must be corrected by the Illinois Municipal
Electric Association, the Illinois Municipal Utilities
Association, and the Association of Illinois Electric
Cooperatives within 30 days and submitted back to the Illinois

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Commerce Commission for final approval. The shared policy must
be approved by the Illinois Power Agency and be enforceable by
January 1, 2025.
(c) The shared policy required under this Section shall
include the following:
(1) a standard solar penetration percentage determined
by what municipalities or cooperatives are contractually
obligated to buy versus what their peak load is;
(2) net metering credits reconciled on an annual basis
ending in March or October at the customer's preference;
(3) a legacy provision that permits solar owners to
operate for 25 years under the solar policies applicable
to their system at the time of energization;
(4) allowance of leases or power purchase agreements;
and
(5) system sizing that is based on the alternating
current rather than direct current.
(d) The shared policy shall prohibit the following:
(1) any insurance requirement that mandates that the
utility be listed as an additional insured;
(2) any set liability limit requirement for the
homeowner or resident when the equipment meets the safety
standards listed in applicable interconnection agreements
and the contractor utilized to install the equipment is
licensed and possesses at least $1,000,000 of commercial
general liability insurance coverage;

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(3) any cost related to infrastructure upgrades being
solely borne by an individual customer rather than the
entire class of customers;
(4) any provision that requires the owner of the
system to be the same as the utility customer for that
location; and
(5) any net meter or interconnection fees that exceed
more than double similar fees for investor-owned
utilities.
(e) Any municipal electric utility system or electric
cooperative that violates or fails to comply with any
provision of this Section or that fails to obey, observe, or
comply with any order, decision, rule, regulation, direction,
or requirement, or any part or provision thereof, of the
Commission made or issued under the authority of this Section
shall be subject to a civil penalty. In such instances, the
Commission shall impose a penalty of not less than $10,000 nor
more than $25,000 for each and every offense. In case of a
continuing violation, each day's continuance thereof shall be
a separate and distinct offense. However, the cumulative
penalty for any continuing violation shall not exceed
$250,000. Any penalty imposed under this Section shall be paid
to the Commission and deposited into the Public Utility Fund
in the State treasury within 60 days after receiving notice of
the assessment from the Commission. Interest at the statutory
rate shall accrue after the expiration of the 60-day period

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and may exceed the maximum cumulative $250,000 penalty. If a
violation is found in response to a complaint filed with the
Commission, the prevailing complainant shall receive half of
any penalty imposed by the Commission upon payment by the
municipal electric utility system or electric cooperative. The
Commission is authorized to apply to a court of competent
jurisdiction for an order requiring payment.
Section 20. The Homeowners' Energy Policy Statement Act is
amended by changing Sections 10, 15, 20, and 45 as follows:
(765 ILCS 165/10)
Sec. 10. Definitions. In this Act:
"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 energy" means radiant energy received from the sun
at wave lengths suitable for heat transfer, photosynthetic
use, or photovoltaic use.
"Solar collector" means:

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(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

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energy systems designed or constructed to interface with a
solar energy system.
(Source: P.A. 102-161, eff. 7-26-21.)
(765 ILCS 165/15)
Sec. 15. Associations; prohibitions. 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, common interest community
association, or condominium unit owners' association which
prohibits or has the effect of prohibiting the installation of
a solar energy system or low voltage solar powered device is
expressly prohibited.
(Source: P.A. 96-1436, eff. 1-1-11.)
(765 ILCS 165/20)
Sec. 20. Deed restrictions; covenants.
(a) 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 low voltage
solar powered device from being installed on a lot or parcel or
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

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install a low voltage solar powered device or solar energy
system, or be required to utilize specific technology,
including, but not limited to, solar shingles rather than
traditional solar panels, 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 lot or parcel or 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.
(b) Within 90 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 a written energy policy statement. Any energy policy
statement, regardless of when adopted, shall explicitly
include as the minimum standards the terms of this Section but
may also include standards 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

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location, design, and architectural requirements of those
systems. A written energy policy statement may not condition
approval of an application on approval by adjacent property
owners. An association may not inquire into a property owner's
energy usage, impose conditions impairing the operation of a
solar energy system, impose conditions negatively impacting
any component industry standard warranty, or require
post-installation reporting. Nor may a property owner be
denied permission to install a solar energy system based on
system ownership or financing method chosen by the property
owner. Notwithstanding the foregoing, an association's written
energy policy statement may impose reasonable conditions
concerning the maintenance, repair, replacement, and ultimate
removal of damaged or inoperable systems so long as such
conditions are not more onerous than the association's
analogous conditions for nonsolar projects. An association
shall disclose, upon request, its written energy policy
statement and shall include the statement in its homeowners'
common interest community, or condominium unit owners'
association declaration.
(c) Any provision of a homeowners' common interest
community or condominium unit owners' declaration or energy
policy statement that conflicts with this Act shall be void
and unenforceable as contrary to public policy.
(Source: P.A. 102-161, eff. 7-26-21; 103-296, eff. 7-28-23.)

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