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Sen. Sara Feigenholtz
Filed: 3/6/2026
| | 10400SB2785sam001 | | LRB104 16790 RTM 34757 a |
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| 1 | | AMENDMENT TO SENATE BILL 2785
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| 2 | | AMENDMENT NO. ______. Amend Senate Bill 2785 by replacing |
| 3 | | everything after the enacting clause with the following:
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| 4 | | "Section 5. The Counties Code is amended by changing |
| 5 | | Section 5-46025 as follows:
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| 6 | | (55 ILCS 5/5-46025) |
| 7 | | (This Section may contain text from a Public Act with a |
| 8 | | delayed effective date) |
| 9 | | Sec. 5-46025. Applicability. |
| 10 | | (a) As used in this Section: , |
| 11 | | "Shared shared roof" means any roof that (i) serves more |
| 12 | | than one unit, including, but not limited to, a contiguous |
| 13 | | roof serving adjacent units, or (ii) is part of the common |
| 14 | | elements or common area of a unit. "Shared roof" does not |
| 15 | | include a roof that serves townhouses. |
| 16 | | "Townhouse" means a privately owned single-family dwelling |
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| | 10400SB2785sam001 | - 2 - | LRB104 16790 RTM 34757 a |
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| 1 | | unit that is attached to but separated from other privately |
| 2 | | owned single-family dwelling units by a common party wall that |
| 3 | | has no doors, windows, or other means of human passage or |
| 4 | | visibility. |
| 5 | | (b) This Division shall not apply to any building that: |
| 6 | | (1) is greater than 60 feet in height; or |
| 7 | | (2) has a shared roof. |
| 8 | | (c) Notwithstanding subsection (b) of this Section, this |
| 9 | | Division shall apply to any building with a shared roof: |
| 10 | | (1) where the solar energy system is located entirely |
| 11 | | within that portion of the shared roof that is owned and |
| 12 | | maintained by the property owner; |
| 13 | | (2) where all property owners sharing the shared roof |
| 14 | | are in agreement to install a solar energy system; or |
| 15 | | (3) to the extent this Division applies to low-voltage |
| 16 | | solar-powered devices. |
| 17 | | (Source: P.A. 104-458, eff. 6-1-26.)
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| 18 | | Section 10. The Illinois Municipal Code is amended by |
| 19 | | changing Section 11-15.5-25 as follows:
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| 20 | | (65 ILCS 5/11-15.5-25) |
| 21 | | (This Section may contain text from a Public Act with a |
| 22 | | delayed effective date) |
| 23 | | Sec. 11-15.5-25. Applicability. |
| 24 | | (a) As used in this Section: , |
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| | 10400SB2785sam001 | - 3 - | LRB104 16790 RTM 34757 a |
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| 1 | | "Shared shared roof" means any roof that (i) serves more |
| 2 | | than one unit, including, but not limited to, a contiguous |
| 3 | | roof serving adjacent units, or (ii) is part of the common |
| 4 | | elements or common area of a unit. "Shared roof" does not |
| 5 | | include a roof that serves townhouses. |
| 6 | | "Townhouse" means a privately owned single-family dwelling |
| 7 | | unit that is attached to but separated from other privately |
| 8 | | owned single-family dwelling units by a common party wall that |
| 9 | | has no doors, windows, or other means of human passage or |
| 10 | | visibility. |
| 11 | | (b) This Division shall not apply to any building that: |
| 12 | | (1) is greater than 60 feet in height; or |
| 13 | | (2) has a shared roof. |
| 14 | | (c) Notwithstanding subsection (b) of this Section, this |
| 15 | | Division shall apply to any building with a shared roof: |
| 16 | | (1) where the solar energy system is located entirely |
| 17 | | within that portion of the shared roof owned and |
| 18 | | maintained by the property owner; |
| 19 | | (2) where all property owners sharing the shared roof |
| 20 | | are in agreement to install a solar energy system; or |
| 21 | | (3) to the extent this Division applies to low-voltage |
| 22 | | solar-powered devices. |
| 23 | | (Source: P.A. 104-458, eff. 6-1-26.)". |