SB3104 104TH GENERAL ASSEMBLY

LRB104 18293 AAS 31733 b

104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
SB3104

Introduced 1/29/2026, by Sen. Rachel Ventura

SYNOPSIS AS INTRODUCED:

220 ILCS 5/16-107.5a new

Amends the Public Utilities Act. Defines "plug-in solar energy system". Provides that an electricity provider shall not require an eligible customer who uses, or intends to install and use, a plug-in solar energy system to do certain actions. Provides that an eligible customer may, but shall not be required to, conform the eligible customer's plug-in solar energy system to the interconnection requirements under provisions concerning net metering and any rules adopted pursuant to those provisions. Provides that a plug-in solar energy system that does not interconnect to the electrical system in a manner that is consistent with the applicable rules adopted by the Illinois Commerce Commission shall not be eligible for net electricity metering. Provides that a plug-in solar energy system shall not qualify for any distributed generation rebate. Provides that an electricity provider shall not be liable for any damage or injury caused by an eligible customer's plug-in solar energy system. Provides that homeowners' associations, common interest community associations, and condominium unit owners' associations shall not adopt or enforce any covenant, bylaw, regulation, or other rule that unreasonably restricts or prohibits, or has the effect of prohibiting, the installation or use of a plug-in solar energy system that has a maximum power output to a receptacle outlet of 391 watts or less. Provides that landlords shall not adopt or enforce any lease or contract that unreasonably restricts or prohibits, or has the effect of prohibiting, the installation or use of a plug-in solar energy system that has a maximum power output to a receptacle outlet of 391 watts or less.

A BILL FOR

AN ACT concerning regulation.

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

Section 5. The Public Utilities Act is amended by adding Section 16-107.5a as follows:

(220 ILCS 5/16-107.5a new)

Sec. 16-107.5a. Plug-in solar energy system.

(a) As used in this Section:

"Electricity provider" has the meaning given to that term in Section 16-107.5.

"Eligible customer" means a retail customer of an electricity provider.

"Net electricity metering" has the meaning given to that term in Section 16-107.5.

"Plug-in solar energy system" means a solar energy system, as defined in Section 10 of the Homeowners' Energy Policy Statement Act, that:

(1) may include an energy storage system;

(2) can export no more than 1,200 watts to a receiving outlet;

(3) is designed to be connected to a building's electrical system through an existing electrical outlet;

(4) is located on an exclusive-use balcony, patio, yard, porch, or similar area that is subject to reasonable safety rules, including, but not limited to, rules concerning wind loads, drainage, and egress;

(5) is intended primarily to offset part of an eligible customer's electricity consumption;

(6) meets the standards of the most current edition of the National Electrical Code; and

(7) is certified by Underwriters Laboratories or an equivalent nationally recognized testing laboratory.

(b) An electricity provider shall not require an eligible customer who uses, or intends to install and use, a plug-in solar energy system to do any of the following:

(1) obtain the electricity provider's approval before installing or using the plug-in solar energy system;

(2) pay a fee or charge related to the installation or use of the plug-in solar energy system; or

(3) install additional controls or equipment on the plug-in solar energy system beyond those specified in the definition of "plug-in solar energy system" under subsection (a).

(c) An eligible customer may, but shall not be required to, conform the eligible customer's plug-in solar energy system to the interconnection requirements under Section 16-107.5 and any rules adopted by the Commission pursuant to Section 16-107.5. A plug-in solar energy system that does not interconnect to the electrical system in a manner that is consistent with the applicable rules adopted by the Commission pursuant to Section 16-107.5 shall not be eligible for net electricity metering under Section 16-107.5.

(d) A plug-in solar energy system shall not qualify for any rebate under Section 16-107.6.

(e) An electricity provider shall not be liable for any damage or injury caused by an eligible customer's plug-in solar energy system.

(f) Homeowners' associations, common interest community associations, and condominium unit owners' associations shall not adopt or enforce any covenant, bylaw, regulation, or other rule that unreasonably restricts or prohibits, or has the effect of prohibiting, the installation or use of a plug-in solar energy system that has a maximum power output to a receptacle outlet of 391 watts or less. This subsection (f) applies only to contracts, covenants, bylaws, rules, or other governing documents created, entered into, renewed, or amended on or after the effective date of this amendatory Act of the 104th General Assembly.

(g) Landlords shall not adopt or enforce any lease or contract that unreasonably restricts or prohibits, or has the effect of prohibiting, the installation or use of a plug-in solar energy system that has a maximum power output to a receptacle outlet of 391 watts or less. This subsection (g) applies only to contracts, leases, or other governing documents created, entered into, renewed, or amended on or after the effective date of this amendatory Act of the 104th General Assembly.