Bill Text: IL HB0644 | 2021-2022 | 102nd General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Amends the Homeowners' Energy Policy Statement Act. Changes the definition of "solar storage mechanism" to include batteries. Provides that 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% (rather than 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). Provides that within 60 (rather than 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. Provides that 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 60 (rather than 90) days of (rather than after) the submission of the application. Provides that the Act shall not apply to any building that is greater than 60 (rather than 30) feet high.

Spectrum: Partisan Bill (Democrat 10-0)

Status: (Passed) 2021-07-27 - Public Act . . . . . . . . . 102-0161 [HB0644 Detail]

Download: Illinois-2021-HB0644-Introduced.html


102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB0644

Introduced , by Rep. Daniel Didech

SYNOPSIS AS INTRODUCED:
765 ILCS 165/10
765 ILCS 165/20
765 ILCS 165/30
765 ILCS 165/45

Amends the Homeowners' Energy Policy Statement Act. Changes the definition of "solar storage mechanism" to include batteries. Provides that 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% (rather than 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). Provides that within 60 (rather than 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. Provides that 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 60 (rather than 90) days of (rather than after) the submission of the application. Provides that the Act shall not apply to any building that is greater than 60 (rather than 30) feet high.
LRB102 13470 LNS 18817 b

A BILL FOR

HB0644LRB102 13470 LNS 18817 b
1 AN ACT concerning civil law.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 5. The Homeowners' Energy Policy Statement Act is
5amended by changing Sections 10, 20, 30, and 45 as follows:
6 (765 ILCS 165/10)
7 Sec. 10. Definitions. In this Act:
8 "Solar energy" means radiant energy received from the sun
9at wave lengths suitable for heat transfer, photosynthetic
10use, or photovoltaic use.
11 "Solar collector" means:
12 (1) an assembly, structure, or design, including
13 passive elements, used for gathering, concentrating, or
14 absorbing direct and indirect solar energy, specially
15 designed for holding a substantial amount of useful
16 thermal energy and to transfer that energy to a gas,
17 solid, or liquid or to use that energy directly; or
18 (2) a mechanism that absorbs solar energy and converts
19 it into electricity; or
20 (3) a mechanism or process used for gathering solar
21 energy through wind or thermal gradients; or
22 (4) a component used to transfer thermal energy to a
23 gas, solid, or liquid, or to convert it into electricity.

HB0644- 2 -LRB102 13470 LNS 18817 b
1 "Solar storage mechanism" means equipment or elements
2(such as piping and transfer mechanisms, containers, heat
3exchangers, batteries, or controls thereof, and gases, solids,
4liquids, or combinations thereof) that are utilized for
5storing solar energy, gathered by a solar collector, for
6subsequent use.
7 "Solar energy system" means:
8 (1) a complete assembly, structure, or design of solar
9 collector, or a solar storage mechanism, which uses solar
10 energy for generating electricity or for heating or
11 cooling gases, solids, liquids, or other materials; and
12 (2) the design, materials, or elements of a system and
13 its maintenance, operation, and labor components, and the
14 necessary components, if any, of supplemental conventional
15 energy systems designed or constructed to interface with a
16 solar energy system.
17(Source: P.A. 96-1436, eff. 1-1-11.)
18 (765 ILCS 165/20)
19 Sec. 20. Deed restrictions; covenants. No deed
20restrictions, covenants, or similar binding agreements running
21with the land shall prohibit or have the effect of prohibiting
22a solar energy system from being installed on a building
23erected on a lot or parcel covered by the deed restrictions,
24covenants, or binding agreements, if the building is subject
25to a homeowners' association, common interest community

HB0644- 3 -LRB102 13470 LNS 18817 b
1association, or condominium unit owners' association. A
2property owner may not be denied permission to install a solar
3energy system by any entity granted the power or right in any
4deed restriction, covenant, or similar binding agreement to
5approve, forbid, control, or direct alteration of property.
6However, for purposes of this Act, the entity may determine
7the specific configuration of the elements of a solar energy
8system on a given roof face, provided that it may not prohibit
9elements of the system from being installed on any roof face
10and that any such determination may not reduce the production
11of the solar energy system by more than 10%. For the purposes
12of this Section, "production" means the estimated annual
13electrical production of the solar energy system specific
14location where a solar energy system may be installed on the
15roof within an orientation to the south or within 45 degrees
16east or west of due south provided that the determination does
17not impair the effective operation of the solar energy system.
18Within 60 120 days after a homeowners' association, common
19interest community association, or condominium unit owners'
20association receives a request for a policy statement or an
21application from an association member, the association shall
22adopt an energy policy statement regarding: (i) the location,
23design, and architectural requirements of solar energy
24systems; and (ii) whether a wind energy collection, rain water
25collection, or composting system is allowed, and, if so, the
26location, design, and architectural requirements of those

HB0644- 4 -LRB102 13470 LNS 18817 b
1systems. An association shall disclose, upon request, its
2energy policy statement and shall include the statement in its
3homeowners' common interest community, or condominium unit
4owners' association declaration.
5(Source: P.A. 96-1436, eff. 1-1-11; 97-105, eff. 1-1-12.)
6 (765 ILCS 165/30)
7 Sec. 30. Application for approval. Whenever approval is
8required for the installation or use of a solar energy system,
9the application for approval shall be processed by the
10appropriate approving entity of the association within 60 90
11days of after the submission of the application. However, if
12an application is submitted before an energy policy statement
13is adopted by an association, the 60-day 90 day period shall
14not begin to run until the date that the policy is adopted.
15(Source: P.A. 96-1436, eff. 1-1-11.)
16 (765 ILCS 165/45)
17 Sec. 45. Inapplicability. This Act shall not apply to any
18building which is greater than 60 30 feet in height.
19(Source: P.A. 96-1436, eff. 1-1-11.)
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