Rep. Julie Hamos
Filed: 5/28/2008
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1 | AMENDMENT TO SENATE BILL 526
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2 | AMENDMENT NO. ______. Amend Senate Bill 526, AS AMENDED, by | ||||||
3 | replacing everything after the enacting clause with the | ||||||
4 | following:
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5 | "Section 1. Short title. This Act may be cited as the | ||||||
6 | Homeowners' Solar Rights Act. | ||||||
7 | Section 5. Legislative intent. The legislative intent in | ||||||
8 | enacting this Act is to protect the public health, safety, and | ||||||
9 | welfare by encouraging the development and use of renewable | ||||||
10 | resources in order to conserve and protect the value of land, | ||||||
11 | buildings, and resources by preventing the adoption of measures | ||||||
12 | which will have the ultimate effect, however unintended, of | ||||||
13 | increasing the costs of owning and operating commercial or | ||||||
14 | residential property beyond the capacity of private owners to | ||||||
15 | maintain. |
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1 | Section 10. Associations; prohibitions. Notwithstanding | ||||||
2 | any provision of this Act or other provision of law, the | ||||||
3 | adoption of a bylaw or exercise of any power by the governing | ||||||
4 | entity of a homeowners' association, property owners' | ||||||
5 | association, or condominium unit owners' association which | ||||||
6 | prohibits or has the effect of prohibiting the installation of | ||||||
7 | a solar energy system or other energy device based on a | ||||||
8 | renewable resource is expressly prohibited. | ||||||
9 | Section 15. Deed restrictions; covenants. No deed | ||||||
10 | restrictions, covenants, or similar binding agreements running | ||||||
11 | with the land shall prohibit or have the effect of prohibiting | ||||||
12 | a solar energy system or other energy device based on a | ||||||
13 | renewable resource from being installed on a building erected | ||||||
14 | on a lot or parcel covered by the deed restrictions, covenants, | ||||||
15 | or binding agreements. A property owner may not be denied | ||||||
16 | permission to install a solar energy system or other energy | ||||||
17 | device based on a renewable resource by any entity granted the | ||||||
18 | power or right in any deed restriction, covenant, or similar | ||||||
19 | binding agreement to approve, forbid, control, or direct | ||||||
20 | alteration of property. However, for purposes of this Act, the | ||||||
21 | entity may determine the specific location where a solar energy | ||||||
22 | system or other energy device may be installed on the roof | ||||||
23 | within an orientation to the south or within 45 degrees east or | ||||||
24 | west of due south provided that the determination does not | ||||||
25 | impair the effective operation of the solar energy system or |
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1 | other energy device. Each homeowners' association and | ||||||
2 | condominium unit owners' association shall adopt an energy | ||||||
3 | policy statement regarding the location, design, and | ||||||
4 | architectural requirements of solar energy systems or other | ||||||
5 | energy devices. An association shall disclose, upon request, | ||||||
6 | its energy policy statement and shall include the statement in | ||||||
7 | its homeowners' or condominium unit owners' association | ||||||
8 | declaration. | ||||||
9 | Section 20. Standards and requirements. A solar energy | ||||||
10 | system or other energy device based on a renewable resource | ||||||
11 | shall meet applicable standards and requirements imposed by | ||||||
12 | State and local permitting authorities. A solar energy system | ||||||
13 | shall be certified by the Solar Rating and Certification | ||||||
14 | Corporation (SRCC) or another similar nationally recognized | ||||||
15 | certification entity.
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16 | Section 25. Application for approval. Whenever approval is | ||||||
17 | required for the installation or use of a solar energy system | ||||||
18 | or other energy device, the application for approval shall be | ||||||
19 | processed and approved by the appropriate approving entity in | ||||||
20 | the same manner as an application for approval of an | ||||||
21 | architectural modification to the property, and the | ||||||
22 | application shall not be willfully avoided or delayed.
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23 | Section 30. Violations. Any entity, other than a public |
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1 | entity, that willfully violates this Act shall be liable to the | ||||||
2 | applicant or any other party affected by a willful violation of | ||||||
3 | this Act for actual damages occasioned thereby and for any | ||||||
4 | other consequential damages.
Any entity that complies with the | ||||||
5 | requirements of this Act shall not be liable to any other | ||||||
6 | resident or third party for such compliance. | ||||||
7 | Section 35. Costs; attorney's fees. In any litigation | ||||||
8 | arising under this Act, the prevailing party shall be entitled | ||||||
9 | to costs and reasonable attorney's fees.
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10 | Section 40. Inapplicability. This Act shall not apply to | ||||||
11 | any building which is greater than 30 feet in height. | ||||||
12 | Section 90. The Energy
Efficient Commercial Building Act is | ||||||
13 | amended by changing Sections 1, 5, 10, 15, 20, and 45 as | ||||||
14 | follows: | ||||||
15 | (20 ILCS 3125/1)
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16 | Sec. 1. Short title. This Act may be cited as the Energy
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17 | Efficient Commercial Building Act.
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18 | (Source: P.A. 93-936, eff. 8-13-04.) | ||||||
19 | (20 ILCS 3125/5)
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20 | Sec. 5. Findings.
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21 | (a) The legislature finds that an effective energy |
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1 | efficient commercial building code
is essential to:
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2 | (1) reduce the air pollutant emissions from energy | ||||||
3 | consumption that are
affecting the health of residents of | ||||||
4 | this State;
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5 | (2) moderate future peak electric power demand;
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6 | (3) assure the reliability of the electrical grid and | ||||||
7 | an adequate supply
of heating oil and natural gas; and
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8 | (4) control energy costs for residents and businesses | ||||||
9 | in this State.
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10 | (b) The legislature further finds that this State has a | ||||||
11 | number of different
climate types, all of which require energy | ||||||
12 | for both cooling and heating, and
that there are many | ||||||
13 | cost-effective measures that can reduce peak energy use and
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14 | reduce cooling, heating, lighting, and other energy costs in | ||||||
15 | commercial buildings.
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16 | (Source: P.A. 93-936, eff. 8-13-04.) | ||||||
17 | (20 ILCS 3125/10)
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18 | Sec. 10. Definitions.
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19 | "Board" means the Capital Development Board.
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20 | "Building" includes both residential buildings and | ||||||
21 | commercial buildings.
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22 | "Code" means the latest published edition of the | ||||||
23 | International Code Council's International Energy Conservation | ||||||
24 | Code, excluding published supplements but including the | ||||||
25 | adaptations to the Code that are made by the
Board .
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1 | "Commercial building" means any building except a building | ||||||
2 | that is a residential building, as defined in this Section. | ||||||
3 | "Department" means the Department of Commerce and Economic | ||||||
4 | Opportunity. | ||||||
5 | "Municipality" means any city, village, or incorporated | ||||||
6 | town.
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7 | "Residential building" means (i) a detached one-family or | ||||||
8 | 2-family dwelling or (ii) any building that is 3 stories or | ||||||
9 | less in height above grade that contains multiple dwelling | ||||||
10 | units, in which the occupants reside on a primarily permanent | ||||||
11 | basis, such as a townhouse, a row house, an apartment house, a | ||||||
12 | convent, a monastery, a rectory, a fraternity or sorority | ||||||
13 | house, a dormitory, and a rooming house.
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14 | (Source: P.A. 93-936, eff. 8-13-04; 94-815, eff. 5-26-06.) | ||||||
15 | (20 ILCS 3125/15)
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16 | Sec. 15. Energy Efficient Building Code. The Board, in | ||||||
17 | consultation with the Department, shall adopt the Code as | ||||||
18 | minimum
requirements for commercial buildings, applying to the | ||||||
19 | construction of, renovations to, and additions to all | ||||||
20 | commercial buildings in the State. With respect to commercial | ||||||
21 | buildings, the The Board may
appropriately adapt the | ||||||
22 | International Energy Conservation Code to apply to the
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23 | particular economy, population distribution, geography, and | ||||||
24 | climate of the
State and construction therein, consistent with | ||||||
25 | the public policy
objectives of this Act.
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1 | The Board, in consultation with the Department, shall adopt | ||||||
2 | the Code as the minimum and maximum requirements for | ||||||
3 | residential buildings, applying to the construction of all | ||||||
4 | residential buildings in the State. The Board, in consultation | ||||||
5 | with the Department, shall also have the authority to | ||||||
6 | promulgate rules only to the extent that the Board adopts the | ||||||
7 | Code as the minimum and maximum requirements for residential | ||||||
8 | buildings, applying to the construction of all residential | ||||||
9 | buildings in the State. In addition, if the Board desires to | ||||||
10 | appropriately adapt the Energy Conservation Code with respect | ||||||
11 | to residential buildings to apply to the particular economy, | ||||||
12 | population distribution, geography, and climate of the State | ||||||
13 | and construction therein, consistent with the public policy
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14 | objectives of this Act, it shall suggest rules to the General | ||||||
15 | Assembly and request that the General Assembly authorize such | ||||||
16 | rulemaking by law. | ||||||
17 | (Source: P.A. 93-936, eff. 8-13-04.) | ||||||
18 | (20 ILCS 3125/20)
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19 | Sec. 20. Applicability.
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20 | (a) The Code shall take effect one year after it is adopted | ||||||
21 | by the Board and shall apply
to any new commercial building or | ||||||
22 | structure in this State for which a building permit
application | ||||||
23 | is received by a municipality or county, except as otherwise | ||||||
24 | provided by this Act.
In the case of any addition, alteration, | ||||||
25 | renovation, or repair to an existing commercial structure, the |
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1 | Code adopted under this Act applies only to the portions of | ||||||
2 | that structure that are being added, altered, renovated, or | ||||||
3 | repaired.
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4 | (b) The following buildings shall be exempt from
the Code:
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5 | (1) Buildings otherwise exempt from the provisions of a | ||||||
6 | locally adopted
building code and buildings that do not | ||||||
7 | contain a conditioned space.
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8 | (2) Buildings that do not use either electricity or | ||||||
9 | fossil fuel for
comfort
conditioning. For purposes of | ||||||
10 | determining whether this exemption applies, a
building | ||||||
11 | will be presumed to be heated by electricity, even in the | ||||||
12 | absence of
equipment used for electric comfort heating, | ||||||
13 | whenever the building is provided
with electrical service | ||||||
14 | in excess of 100 amps, unless the code enforcement
official | ||||||
15 | determines that this electrical service is necessary for | ||||||
16 | purposes
other than providing electric comfort heating.
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17 | (3) Historic buildings. This exemption shall apply to | ||||||
18 | those buildings
that
are listed on the National Register of | ||||||
19 | Historic Places or the Illinois
Register of Historic | ||||||
20 | Places, and to those buildings that have been designated
as | ||||||
21 | historically significant by a local governing body that is | ||||||
22 | authorized to
make such designations.
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23 | (4) Additions, alterations, renovations, or repairs to | ||||||
24 | existing residential structures
Residential buildings . | ||||||
25 | (5) Other buildings specified as exempt by the | ||||||
26 | International Energy Conservation Code.
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1 | (c) A unit of local government that does not regulate | ||||||
2 | energy efficient building standards is not required to adopt, | ||||||
3 | enforce, or administer the Code; however any energy efficient | ||||||
4 | building standards adopted by a unit of local government must | ||||||
5 | comply with this Act. If a unit of local government does not | ||||||
6 | regulate energy efficient building standards, any | ||||||
7 | construction, renovation, or addition to buildings or | ||||||
8 | structures is subject to the provisions contained in this Act. | ||||||
9 | (Source: P.A. 93-936, eff. 8-13-04.) | ||||||
10 | (20 ILCS 3125/45)
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11 | Sec. 45. Home rule.
Except as otherwise provided in this | ||||||
12 | Section, no No unit of local government, including any home | ||||||
13 | rule unit, may regulate energy efficient building standards for | ||||||
14 | commercial buildings in a manner that is less stringent than | ||||||
15 | the provisions contained in this Act.
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16 | Except as otherwise provided in this Section, no unit of | ||||||
17 | local government, including any home rule unit, may regulate | ||||||
18 | energy efficient building standards for residential buildings | ||||||
19 | in a manner that is either less or more stringent than the | ||||||
20 | standards established pursuant to this Act. | ||||||
21 | Except as otherwise provided in this Section, no unit of | ||||||
22 | local government, including any home rule unit, may hereafter | ||||||
23 | enact any annexation ordinance or resolution, or require or | ||||||
24 | enter into any annexation agreement, that imposes energy | ||||||
25 | efficiency building standards for residential buildings that |
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1 | are either less or more stringent than the energy efficiency | ||||||
2 | standards in effect throughout the unit of local government, | ||||||
3 | including a unit of local government that is subject to State | ||||||
4 | regulation under the Code as provided in Section 15 of this | ||||||
5 | Act, at the time of construction. | ||||||
6 | Any unit of local government that has adopted any | ||||||
7 | previously published editions of the International Energy | ||||||
8 | Conservation Code on or before May 1, 2008, may continue to | ||||||
9 | regulate energy efficient building standards under that Code | ||||||
10 | and any supplements the unit of local government has adopted | ||||||
11 | prior to May 1, 2008. | ||||||
12 | This Section is a denial
and limitation
of home rule powers | ||||||
13 | and functions under subsection (i) of Section 6
of Article VII | ||||||
14 | of the Illinois Constitution on the concurrent exercise by home | ||||||
15 | rule units of powers and functions exercised by the State.
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16 | Nothing in this Section, however, prevents a unit of local | ||||||
17 | government from adopting an energy efficiency code or standards | ||||||
18 | for commercial buildings that are more stringent than the Code | ||||||
19 | under this Act.
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20 | (Source: P.A. 93-936, eff. 8-13-04.)
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21 | Section 99. Effective date. This Act takes effect upon | ||||||
22 | becoming law.".
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