Illinois General Assembly - Full Text of SB1867
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Full Text of SB1867  102nd General Assembly

SB1867 102ND GENERAL ASSEMBLY

  
  

 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
SB1867

 

Introduced 2/26/2021, by Sen. Jason A. Barickman

 

SYNOPSIS AS INTRODUCED:
 
765 ILCS 165/5
765 ILCS 165/15
765 ILCS 165/20
765 ILCS 165/25
765 ILCS 165/30

    Amends the Homeowners' Energy Policy Statement Act. Prohibits a homeowners' association, common interest community association, or condominium unit owners' association from adopting a bylaw or exercising any power that prohibits the installation of a rain water collection system or composting system. Provides that if a building is subject to a homeowners' association, common interest community association, or condominium unit owners' association, no deed restrictions, covenants, or similar binding agreements running with the land shall prohibit a rain water collection system or composting system from being installed on a building erected on a lot or parcel covered by the deed restrictions, covenants, or binding agreements. Provides that a property owner may not be denied permission to install a rain water collection system or composting system by any entity granted the power or right in any deed restriction, covenant, or similar binding agreement to approve, forbid, control, or direct alteration of property. Provides that an entity may establish location or design requirements for rain water collection systems or composting systems. Provides that a rain water collection system or composting system shall meet application standards and requirements imposed by State and local permitting authorities. Provides that if approval is required for the installation of a rain water collection system or composting system, an application for approval shall be processed by the appropriate approving entity of the association within 90 days after the submission of the application. Makes corresponding changes.


LRB102 15844 LNS 21213 b

 

 

A BILL FOR

 

SB1867LRB102 15844 LNS 21213 b

1    AN ACT concerning civil law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Homeowners' Energy Policy Statement Act is
5amended by changing Sections 5, 15, 20, 25, and 30 as follows:
 
6    (765 ILCS 165/5)
7    Sec. 5. Legislative intent. The legislative intent in
8enacting this Act is to protect the public health, safety, and
9welfare by encouraging the development and use of solar energy
10systems, rain water collection systems, or composting systems
11in order to conserve and protect the value of land, buildings,
12and resources by preventing the adoption of measures which
13will have the ultimate effect, however unintended, of
14preventing the use of solar energy systems, rain water
15collection systems, or composting systems on any home that is
16subject to a homeowners' association, common interest
17community association, or condominium unit owners'
18association.
19(Source: P.A. 96-1436, eff. 1-1-11.)
 
20    (765 ILCS 165/15)
21    Sec. 15. Associations; prohibitions. Notwithstanding any
22provision of this Act or other provision of law, the adoption

 

 

SB1867- 2 -LRB102 15844 LNS 21213 b

1of a bylaw or exercise of any power by the governing entity of
2a homeowners' association, common interest community
3association, or condominium unit owners' association which
4prohibits or has the effect of prohibiting the installation of
5a solar energy system, rain water collection system, or
6composting system is expressly prohibited.
7(Source: P.A. 96-1436, eff. 1-1-11.)
 
8    (765 ILCS 165/20)
9    Sec. 20. Deed restrictions; covenants. No deed
10restrictions, covenants, or similar binding agreements running
11with the land shall prohibit or have the effect of prohibiting
12a solar energy system, rain water collection system, or
13composting system from being installed on a building erected
14on a lot or parcel covered by the deed restrictions,
15covenants, or binding agreements, if the building is subject
16to a homeowners' association, common interest community
17association, or condominium unit owners' association. A
18property owner may not be denied permission to install a solar
19energy system, rain water collection system, or composting
20system by any entity granted the power or right in any deed
21restriction, covenant, or similar binding agreement to
22approve, forbid, control, or direct alteration of property.
23However, for purposes of this Act, the entity may: (1)
24determine the specific location where a solar energy system
25may be installed on the roof within an orientation to the south

 

 

SB1867- 3 -LRB102 15844 LNS 21213 b

1or within 45 degrees east or west of due south provided that
2the determination does not impair the effective operation of
3the solar energy system; and (2) establish location or design
4requirements for rain water collection systems or composting
5systems. Within 120 days after a homeowners' association,
6common interest community association, or condominium unit
7owners' association receives a request for a policy statement
8or an application from an association member, the association
9shall adopt an energy policy statement regarding: (i) the
10location, design, and architectural requirements of solar
11energy systems, rain water collection systems, or composting
12systems; and (ii) whether a wind energy collection, rain water
13collection, or composting system is allowed, and, if so, the
14location, design, and architectural requirements of those
15systems. An association shall disclose, upon request, its
16energy policy statement and shall include the statement in its
17homeowners' common interest community, or condominium unit
18owners' association declaration or rules and regulations, at
19the discretion of the board.
20(Source: P.A. 96-1436, eff. 1-1-11; 97-105, eff. 1-1-12.)
 
21    (765 ILCS 165/25)
22    Sec. 25. Standards and requirements. A solar energy
23system, rain water collection system, or composting system
24shall meet applicable standards and requirements imposed by
25State and local permitting authorities.

 

 

SB1867- 4 -LRB102 15844 LNS 21213 b

1(Source: P.A. 96-1436, eff. 1-1-11.)
 
2    (765 ILCS 165/30)
3    Sec. 30. Application for approval. Whenever approval is
4required for the installation or use of a solar energy system,
5rain water collection system, or composting system, the
6application for approval shall be processed by the appropriate
7approving entity of the association within 90 days after the
8submission of the application. However, if an application is
9submitted before an energy policy statement is adopted by an
10association, the 90 day period shall not begin to run until the
11date that the policy is adopted.
12(Source: P.A. 96-1436, eff. 1-1-11.)