Illinois General Assembly - Full Text of HB5049

LRB104 19679 RTM 33128 b

104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
HB5049

Introduced 2/10/2026, by Rep. Ann M. Williams

SYNOPSIS AS INTRODUCED:

55 ILCS 5/5-46005
55 ILCS 5/5-46025
55 ILCS 5/5-46030 new
65 ILCS 5/11-15.5-5
65 ILCS 5/11-15.5-25
65 ILCS 5/11-15.5-30 new

Amends the Counties Code and the Illinois Municipal Code. Provides that a county or a municipality may not adopt or enforce an ordinance, rule, or other measure that would regulate the installation or inspection of a residential energy backup system, including on a building with a shared roof. Defines "residential energy backup system". Effective June 1, 2026.

A BILL FOR

AN ACT concerning local government.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 1. Short title. This Act may be cited as the Residential Storage Act.

Section 2. Legislative intent. The purpose of this Act is to provide reliable energy at low cost to the People of Illinois, strengthen the electric grid, and promote the use of renewable energy resources by facilitating the deployment of residential energy storage systems.

Section 5. The Counties Code is amended by changing Sections 5-46005 and 5-46025 and by adding Section 5-46030 as follows:

(55 ILCS 5/5-46005)

(This Section may contain text from a Public Act with a delayed effective date)

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 property owner; or

(2) within a common area without being permanently attached to common property.

"Residential energy backup system" means a backup energy system installed at a residential property that is capable of providing no more than 50 kilowatts of electricity to the residence or has a storage capacity of no more than 200 kilowatt hours. "Residential energy backup system" includes all associated infrastructure, equipment, and components of the system, up to and including any hardware that interfaces with the point of interconnection to the broader electric utility system.

"Solar collector" means:

(1) an assembly, structure, or design, including passive elements, used for gathering, concentrating, or absorbing direct and indirect solar energy and 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;

(2) a mechanism that absorbs solar energy and converts it into electricity;

(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 energy" means radiant energy received from the sun at wavelengths suitable for heat transfer, photosynthetic use, or photovoltaic use.

"Solar energy system" means:

(1) a complete assembly, structure, or design of a 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.

"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.

(Source: P.A. 104-458, eff. 6-1-26.)

(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 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.

(b) Except as provided in subsection (d), this 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.

(d) The provisions of Section 5-46030 shall apply to any building with a dedicated electrical connection to a utility or a dedicated electrical meter, including a building with a shared roof.

(Source: P.A. 104-458, eff. 6-1-26.)

(55 ILCS 5/5-46030 new)

Sec. 5-46030. Residential energy backup systems. Notwithstanding any other law, a county may not adopt or enforce an ordinance, rule, or other measure that would regulate the installation or inspection of a residential energy backup system.

Section 10. The Illinois Municipal Code is amended by changing Sections 11-15.5-5 and 11-15.5-25 and by adding Section 11-15.5-30 as follows:

(65 ILCS 5/11-15.5-5)

(This Section may contain text from a Public Act with a delayed effective date)

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.

"Residential energy backup system" means a backup energy system installed at a residential property that is capable of providing no more than 50 kilowatts of electricity to the residence or has a storage capacity of no more than 200 kilowatt hours. "Residential energy backup system" includes all associated infrastructure, equipment, and components of the system, up to and including any hardware that interfaces with the point of interconnection to the broader electric utility system.

"Solar collector" means:

(1) an assembly, structure, or design, including passive elements, used for gathering, concentrating, or absorbing direct and indirect solar energy and 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;

(2) a mechanism that absorbs solar energy and converts it into electricity;

(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 energy" means radiant energy received from the sun at wavelengths suitable for heat transfer, photosynthetic use, or photovoltaic use.

"Solar energy system" means:

(1) a complete assembly, structure, or design of a 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.

"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.

(Source: P.A. 104-458, eff. 6-1-26.)

(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, "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.

(b) Except as provided in subsection (d), this 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.

(d) The provisions of Section 11-15.5-30 shall apply to any building with a dedicated electrical connection to a utility or a dedicated electrical meter, including a building with a shared roof.

(Source: P.A. 104-458, eff. 6-1-26.)

(65 ILCS 5/11-15.5-30 new)

Sec. 11-15.5-30. Residential energy backup systems. Notwithstanding any other law, a municipality may not adopt or enforce an ordinance, rule, or other measure that would regulate the installation or inspection of a residential energy backup system.

Section 99. Effective date. This Act takes effect on the effective on June 1, 2026.