SB3268 104TH GENERAL ASSEMBLY

LRB104 18404 JRC 31846 b

104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
SB3268

Introduced 2/3/2026, by Sen. Laura Ellman

SYNOPSIS AS INTRODUCED:

New Act

Creates the Residential Automated Solar Permitting Platform Act. On or before July 1, 2027, municipalities and counties with a population of more than 10,000 residents must adopt a residential automated solar permitting platform. Requires that the municipality or county anticipate that the residential automated solar permitting platform will have the capability to process at least 75% of residential solar applications on existing construction submitted to authorities having jurisdiction in the State. "Residential automated solar permitting platform" means software or a combination of software that automates plan review, automatically produces code-compliant approvals, accepts online payments for permitting fees if permitting fees are levied, and instantly issues permits and permit revisions for residential photovoltaic systems upon online submission of permitting fee payments, if permitting fees are levied, and a code-compliant application. Provides that a person or entity whose rights have been violated under this Act by a municipality or county is entitled to collect: (1) in the case of unlawful retaliation, all legal or equitable relief as may be appropriate; and (2) attorney's fees and costs. Makes other changes.

A BILL FOR

AN ACT concerning civil law.

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 Automated Solar Permitting Platform Act.

Section 5. Definitions. As used in this Act:

"Baseline residential code" means an edition of the International Residential Code for One and Two-Family Dwellings first published by the International Code Council during the current year or preceding calendar years excluding Parts IV and VII.

"Residential automated solar permitting platform" means software or a combination of software that automates plan review, automatically produces code-compliant approvals, accepts online payments for permitting fees if permitting fees are levied, and instantly issues permits and permit revisions for residential photovoltaic systems upon online submission of permitting fee payments, if permitting fees are levied, and a code-compliant application. The residential automated solar permitting platform must be available for residential photovoltaic systems up to the maximum capacity allowed with a 200-amp main service disconnect and installed to the requirements of the baseline residential code that may include an energy storage system up to the maximum capacity allowed under the baseline residential code, a main panel upgrade, or a main breaker derate.

Section 10. Adoption of platform. On or before July 1, 2027, municipalities and counties with a population of more than 10,000 residents must adopt a residential automated solar permitting platform. The municipality or county must anticipate that the residential automated solar permitting platform will have the capability to process at least 75% of residential solar applications on existing construction submitted to authorities having jurisdiction in the State.

For a solar photovoltaic system approved by a platform under this Section, municipalities and counties may only require manual inspection before issuing a permit if a safety issue is identified during the remote inspection or automatic permitting process. Manual inspections may not unreasonably delay permitting of the residential photovoltaic system but this does not preclude an inspector from examining construction documents.

Section 15. Over the counter permitting. A county or municipality that offers same-day in-person permitting for all residential solar applications is exempt from the requirements in Section 10.

Section 20. Reporting. On or before July 1, 2027, municipalities with a population of more than 10,000 residents and all counties must include on their websites the availability of a residential automated solar permitting platform and how to access it.

Section 25. Remedies.

(a) A person or entity aggrieved by a violation of this Act or any rule adopted under this Act by a municipality or county may file a civil action in the county in which the alleged offense occurred or where any person who is party to the action resides. Exhaustion of any alternative administrative remedies provided in this Act are not required before a civil action may be filed. Actions may be brought by one or more persons or entities for and on behalf of themselves and other persons similarly situated. A person or entity whose rights have been violated under this Act by a municipality or county is entitled to collect:

(1) in the case of unlawful retaliation, all legal or equitable relief as may be appropriate; and

(2) attorney's fees and costs.

(b) The right of an interested party or aggrieved person to bring an action under this Act terminates after 3 years from the date that a person or entity requested a permit for a residential photovoltaic system. This limitation period is tolled if a municipality or county has deterred a person's exercise of rights under this Act.

Section 30. Remote inspections. On or before July 1 2028, municipalities with a population of more than 10,000 residents and all counties must provide an option for remote inspections via recorded video or photo that can be submitted electronically for projects permitted by the residential automated solar permitting platform. These inspections must be offered at no greater cost and be available with no greater delay than in-person inspections. A municipality or county may require no more than one inspection for projects permitted by the automated solar permitting software unless the first inspection failed. A municipality or county that does not require a permit for residential photovoltaic solar and storage systems is exempt from the requirements in this Section.