Full Text of HB3987 96th General Assembly
HB3987ham002 96TH GENERAL ASSEMBLY
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Rep. Julie Hamos
Filed: 3/25/2009
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09600HB3987ham002 |
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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, | 3 |
| with reference to page and line numbers of House Amendment No. | 4 |
| 1, on page 1, line 4 by replacing "Section 5. The Energy | 5 |
| Efficient Commercial Building Act is" with the following:
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| "Section 1. Short title. This Act may be cited as the | 7 |
| Homeowners' Solar Rights Act. | 8 |
| Section 5. The legislative intent in enacting this Act is | 9 |
| to protect the public health, safety, and welfare by | 10 |
| encouraging the development and use of renewable resources in | 11 |
| order to conserve and protect the value of land, buildings, and | 12 |
| resources by preventing the adoption of measures which will | 13 |
| have the ultimate effect, however unintended, of increasing the | 14 |
| costs of owning and operating commercial or residential | 15 |
| property beyond the capacity of private owners to maintain. |
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| Section 10. Notwithstanding any provision of this Act or | 2 |
| other provision of law, the adoption of a bylaw or exercise of | 3 |
| any power by the governing entity of a homeowners' association, | 4 |
| property owners' association, or condominium unit owners' | 5 |
| association which prohibits or has the effect of prohibiting | 6 |
| the installation of a solar energy system or other energy | 7 |
| device based on a renewable resource is expressly prohibited. | 8 |
| Section 15. No deed restrictions, covenants, or similar | 9 |
| binding agreements running with the land shall prohibit or have | 10 |
| the effect of prohibiting a solar energy system or other energy | 11 |
| device based on a renewable resource from being installed on a | 12 |
| building erected on a lot or parcel covered by the deed | 13 |
| restrictions, covenants, or binding agreements. A property | 14 |
| owner may not be denied permission to install a solar energy | 15 |
| system or other energy device based on a renewable resource by | 16 |
| any entity granted the power or right in any deed restriction, | 17 |
| covenant, or similar binding agreement to approve, forbid, | 18 |
| control, or direct alteration of property with respect to | 19 |
| residential dwellings not exceeding 3 stories in height. | 20 |
| However, for purposes of this Act, the entity may determine the | 21 |
| specific location where a solar energy system may be installed | 22 |
| on the roof within an orientation to the south or within 45 | 23 |
| degrees east or west of due south provided that the | 24 |
| determination does not impair the effective operation of the | 25 |
| solar energy system. |
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LRB096 11406 JDS 24556 a |
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| Section 20. A solar energy system or other energy device | 2 |
| based on a renewable resource shall meet applicable standards | 3 |
| and requirements imposed by State and local permitting | 4 |
| authorities. A solar energy system shall be certified by the | 5 |
| Solar Rating and Certification Corporation (SRCC) or another | 6 |
| similar nationally recognized certification entity.
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| Section 25. Whenever approval is required for the | 8 |
| installation or use of a solar energy system, the application | 9 |
| for approval shall be processed and approved by the appropriate | 10 |
| approving entity in the same manner as an application for | 11 |
| approval of an architectural modification to the property, and | 12 |
| the application shall not be willfully avoided or delayed.
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| Section 30. Any entity, other than a public entity, that | 14 |
| willfully violates this Act shall be liable to the applicant or | 15 |
| any other party affected by a willful violation of this Act for | 16 |
| actual damages occasioned thereby and for any other | 17 |
| consequential damages.
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| Section 35. In any litigation arising under this Act, the | 19 |
| prevailing party shall be entitled to costs and reasonable | 20 |
| attorney's fees.
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| Section 90. The Energy Efficient Commercial Building Act |
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LRB096 11406 JDS 24556 a |
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| is".
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