Full Text of SB0526 95th General Assembly
SB0526ham004 95TH GENERAL ASSEMBLY
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Rep. Julie Hamos
Filed: 5/28/2008
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| AMENDMENT TO SENATE BILL 526
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| AMENDMENT NO. ______. Amend Senate Bill 526, AS AMENDED, by | 3 |
| replacing everything after the enacting clause with the | 4 |
| following:
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| "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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| 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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| 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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| 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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| Section 30. Violations. Any entity, other than a public |
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| 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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| 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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| Sec. 1. Short title. This Act may be cited as the Energy
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| Efficient Commercial Building Act.
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| (Source: P.A. 93-936, eff. 8-13-04.) | 19 |
| (20 ILCS 3125/5)
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| Sec. 5. Findings.
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| (a) The legislature finds that an effective energy |
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| efficient commercial building code
is essential to:
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| (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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| (2) moderate future peak electric power demand;
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| (3) assure the reliability of the electrical grid and | 7 |
| an adequate supply
of heating oil and natural gas; and
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| (4) control energy costs for residents and businesses | 9 |
| in this State.
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| (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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| reduce cooling, heating, lighting, and other energy costs in | 15 |
| commercial buildings.
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| (Source: P.A. 93-936, eff. 8-13-04.) | 17 |
| (20 ILCS 3125/10)
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| Sec. 10. Definitions.
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| "Board" means the Capital Development Board.
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| "Building" includes both residential buildings and | 21 |
| commercial buildings.
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| "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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| "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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| "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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| (Source: P.A. 93-936, eff. 8-13-04; 94-815, eff. 5-26-06.) | 15 |
| (20 ILCS 3125/15)
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| 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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| 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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| 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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| 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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| Sec. 20. Applicability.
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| (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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| 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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| (b) The following buildings shall be exempt from
the Code:
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| (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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| (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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| (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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| (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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| (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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| 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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| 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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| 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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| 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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| (Source: P.A. 93-936, eff. 8-13-04.)
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| Section 99. Effective date. This Act takes effect upon | 22 |
| becoming law.".
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