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1 | AN ACT concerning civil law.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Homeowners' Energy Policy Statement Act is | ||||||
5 | amended by changing Sections 10, 20, 30, and 45 as follows: | ||||||
6 | (765 ILCS 165/10)
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7 | Sec. 10. Definitions. In this Act: | ||||||
8 | "Solar energy" means radiant energy received from the sun | ||||||
9 | at wave lengths suitable for heat transfer, photosynthetic | ||||||
10 | use, or photovoltaic use. | ||||||
11 | "Solar collector" means: | ||||||
12 | (1) an assembly, structure, or design, including | ||||||
13 | passive elements, used for gathering, concentrating, or | ||||||
14 | absorbing direct and indirect solar energy, specially | ||||||
15 | designed for holding a substantial amount of useful | ||||||
16 | thermal energy and to transfer that energy to a gas, | ||||||
17 | solid, or liquid or to use that energy directly; or | ||||||
18 | (2) a mechanism that absorbs solar energy and converts | ||||||
19 | it into electricity; or | ||||||
20 | (3) a mechanism or process used for gathering solar | ||||||
21 | energy through wind or thermal gradients; or | ||||||
22 | (4) a component used to transfer thermal energy to a | ||||||
23 | gas, solid, or liquid, or to convert it into electricity. |
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1 | "Solar storage mechanism" means equipment or elements | ||||||
2 | (such as piping and transfer mechanisms, containers, heat | ||||||
3 | exchangers, batteries, or controls thereof, and gases, solids, | ||||||
4 | liquids, or combinations thereof) that are utilized for | ||||||
5 | storing solar energy, gathered by a solar collector, for | ||||||
6 | subsequent use. | ||||||
7 | "Solar energy system" means: | ||||||
8 | (1) a complete assembly, structure, or design of solar | ||||||
9 | collector, or a solar storage mechanism, which uses solar | ||||||
10 | energy for generating electricity or for heating or | ||||||
11 | cooling gases, solids, liquids, or other materials; and | ||||||
12 | (2) the design, materials, or elements of a system and | ||||||
13 | its maintenance, operation, and labor components, and the | ||||||
14 | necessary components, if any, of supplemental conventional | ||||||
15 | energy systems designed or constructed to interface with a | ||||||
16 | solar energy system.
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17 | (Source: P.A. 96-1436, eff. 1-1-11.) | ||||||
18 | (765 ILCS 165/20)
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19 | Sec. 20. Deed restrictions; covenants. No deed | ||||||
20 | restrictions, covenants, or similar binding agreements running | ||||||
21 | with the land shall prohibit or have the effect of prohibiting | ||||||
22 | a solar energy system from being installed on a building | ||||||
23 | erected on a lot or parcel covered by the deed restrictions, | ||||||
24 | covenants, or binding agreements, if the building is subject | ||||||
25 | to a homeowners' association, common interest community |
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1 | association, or condominium unit owners' association. A | ||||||
2 | property owner may not be denied permission to install a solar | ||||||
3 | energy system by any entity granted the power or right in any | ||||||
4 | deed restriction, covenant, or similar binding agreement to | ||||||
5 | approve, forbid, control, or direct alteration of property. | ||||||
6 | However, for purposes of this Act, the entity may determine | ||||||
7 | the specific configuration of the elements of a solar energy | ||||||
8 | system on a given roof face, provided that it may not prohibit | ||||||
9 | elements of the system from being installed on any roof face | ||||||
10 | and that any such determination may not reduce the production | ||||||
11 | of the solar energy system by more than 10%. For the purposes | ||||||
12 | of this Section, "production" means the estimated annual | ||||||
13 | electrical production of the solar energy system specific | ||||||
14 | location where a solar energy system may be installed on the | ||||||
15 | roof within an orientation to the south or within 45 degrees | ||||||
16 | east or west of due south provided that the determination does | ||||||
17 | not impair the effective operation of the solar energy system . | ||||||
18 | Within 90 120 days after a homeowners' association, common | ||||||
19 | interest community association, or condominium unit owners' | ||||||
20 | association receives a request for a policy statement or an | ||||||
21 | application from an association member, the association shall | ||||||
22 | adopt an energy policy statement regarding: (i) the location, | ||||||
23 | design, and architectural requirements of solar energy | ||||||
24 | systems; and (ii) whether a wind energy collection, rain water | ||||||
25 | collection, or composting system is allowed, and, if so, the | ||||||
26 | location, design, and architectural requirements of those |
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1 | systems. An association shall disclose, upon request, its | ||||||
2 | energy policy statement and shall include the statement in its | ||||||
3 | homeowners' common interest community, or condominium unit | ||||||
4 | owners' association declaration.
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5 | (Source: P.A. 96-1436, eff. 1-1-11; 97-105, eff. 1-1-12.) | ||||||
6 | (765 ILCS 165/30)
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7 | Sec. 30. Application for approval. Whenever approval is | ||||||
8 | required for the installation or use of a solar energy system, | ||||||
9 | the application for approval shall be processed by the | ||||||
10 | appropriate approving entity of the association within 75 90 | ||||||
11 | days of after the submission of the application.
However, if | ||||||
12 | an application is submitted before an energy policy statement | ||||||
13 | is adopted by an association, the 75-day 90 day period shall | ||||||
14 | not begin to run until the date that the policy is adopted.
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15 | (Source: P.A. 96-1436, eff. 1-1-11.) | ||||||
16 | (765 ILCS 165/45)
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17 | Sec. 45. Inapplicability. This Act shall not apply to any | ||||||
18 | building that: | ||||||
19 | (1) which is greater than 60 30 feet in height ; or | ||||||
20 | (2) has a shared roof and is subject to a homeowners' | ||||||
21 | association, common interest community association, | ||||||
22 | condominium unit owners' association . | ||||||
23 | As used in this Section, "shared roof" means any roof that | ||||||
24 | (i) serves more than one unit, including, but not limited to, a |
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1 | contiguous roof serving adjacent units, or (ii) is part of the | ||||||
2 | common elements or common area.
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3 | (Source: P.A. 96-1436, eff. 1-1-11.)
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