Rep. Julie Hamos
Filed: 3/25/2009
 
 

 




 

 		












09600HB3987ham002

LRB096 11406 JDS 24556 a






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AMENDMENT TO HOUSE BILL 3987 




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    AMENDMENT NO. ______. Amend House Bill 3987, AS AMENDED, 
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with reference to page and line numbers of House Amendment No. 
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1, on page 1, line 4 by replacing "Section 5. The Energy 
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Efficient Commercial Building Act is"  with the following:


 
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    "Section 1. Short title. This Act may be cited as the 
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Homeowners' Solar Rights Act.
 
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    Section 5. The legislative intent in enacting this Act is 
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to protect the public health, safety, and welfare by 
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encouraging the development and use of renewable resources in 
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order to conserve and protect the value of land, buildings, and 
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resources by preventing the adoption of measures which will 
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have the ultimate effect, however unintended, of increasing the 
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costs of owning and operating commercial or residential 
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property beyond the capacity of private owners to maintain.
 
 


 






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    Section 10.  Notwithstanding any provision of this Act or 
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other provision of law, the adoption of a bylaw or exercise of 
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any power by the governing entity of a homeowners' association, 
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property owners' association, or condominium unit owners' 
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association which prohibits or has the effect of prohibiting 
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the installation of a solar energy system or other energy 
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device based on a renewable resource is expressly prohibited.
 
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    Section 15. No deed restrictions, covenants, or similar 
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binding agreements running with the land shall prohibit or have 
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the effect of prohibiting a solar energy system or other energy 
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device based on a renewable resource from being installed on a 
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building erected on a  lot or parcel covered by the deed 
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restrictions, covenants, or binding agreements. A property 
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owner may not be denied permission to install a solar energy 
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system or other energy device based on a renewable resource by 
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any entity granted the power or right in any deed restriction, 
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covenant, or similar binding agreement to approve, forbid, 
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control, or direct alteration of property with respect to 
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residential dwellings not exceeding 3 stories in height. 
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However, for purposes of this Act, the entity may determine the 
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specific location where a solar energy system may be installed 
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on the roof within an orientation to the south or within 45 
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degrees east or west of due south provided that the 
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determination does not impair the effective operation of the 
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solar energy system.
 
 


 






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    Section 20. A solar energy system or other energy device 
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based on a renewable resource shall meet applicable standards 
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and requirements imposed by State and local permitting 
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authorities.  A solar energy system shall be certified by the 
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Solar Rating and Certification Corporation (SRCC) or another 
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similar nationally recognized certification entity.

 
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    Section 25. Whenever approval is required for the 
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installation or use of a solar energy system, the application 
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for approval shall be processed and approved by the appropriate 
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approving entity in the same manner as an application for 
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approval of an architectural modification to the property, and 
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the application shall not be willfully avoided or delayed.

 
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    Section 30. Any entity, other than a public entity, that 
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willfully violates this Act shall be liable to the applicant or 
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any other party affected by a willful violation of this Act for 
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actual damages occasioned thereby and for any other 
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consequential damages.

 
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    Section 35. In any litigation arising under this Act, the 
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prevailing party shall be entitled to costs and reasonable 
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attorney's fees.


 
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    Section 90. The Energy Efficient Commercial Building Act 
 


 






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is".