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Public Act 102-0161
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| HB0644 Enrolled | LRB102 13470 LNS 18817 b |
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AN ACT concerning civil law.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Homeowners' Energy Policy Statement Act is |
amended by changing Sections 10, 20, 30, and 45 as follows:
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(765 ILCS 165/10)
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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. |
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"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.
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(Source: P.A. 96-1436, eff. 1-1-11.)
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(765 ILCS 165/20)
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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 |
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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 |
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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.
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(Source: P.A. 96-1436, eff. 1-1-11; 97-105, eff. 1-1-12.)
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(765 ILCS 165/30)
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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.
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(Source: P.A. 96-1436, eff. 1-1-11.)
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(765 ILCS 165/45)
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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 |