Bill Amendment: IL SB2785 | 2025-2026 | 104th General Assembly

NOTE: For additional amemendments please see the Bill Drafting List

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Bill Title: UTILITY-SHARED ROOF/TOWNHOUSE

Status: 2026-07-02 - Senate Floor Amendment No. 2 Pursuant to Senate Rule 3-9(b) / Referred to Assignments [SB2785 Detail]

Download: Illinois-2025-SB2785-Senate_Amendment_001.html

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Sen. Sara Feigenholtz

Filed: 3/6/2026

 

 

 

10400SB2785sam001 LRB104 16790 RTM 34757 a
AMENDMENT TO SENATE BILL 2785
AMENDMENT NO. ______. Amend Senate Bill 2785 by replacing
everything after the enacting clause with the following:
"Section 5. The Counties Code is amended by changing
Section 5-46025 as follows:
(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 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. "Shared roof" does not
include a roof that serves townhouses.
"Townhouse" means a privately owned single-family dwelling

10400SB2785sam001 - 2 - LRB104 16790 RTM 34757 a
unit that is attached to but separated from other privately
owned single-family dwelling units by a common party wall that
has no doors, windows, or other means of human passage or
visibility.
(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.)
Section 10. The Illinois Municipal Code is amended by
changing Section 11-15.5-25 as follows:
(65 ILCS 5/11-15.5-25)
(This Section may contain text from a Public Act with a
delayed effective date)
Sec. 11-15.5-25. Applicability.
(a) As used in this Section: ,

10400SB2785sam001 - 3 - LRB104 16790 RTM 34757 a
"Shared 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. "Shared roof" does not
include a roof that serves townhouses.
"Townhouse" means a privately owned single-family dwelling
unit that is attached to but separated from other privately
owned single-family dwelling units by a common party wall that
has no doors, windows, or other means of human passage or
visibility.
(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 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.)".