Illinois General Assembly - Full Text of HB5429
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Full Text of HB5429  96th General Assembly


Sen. Michael Noland

Filed: 4/15/2010





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2     AMENDMENT NO. ______. Amend House Bill 5429 by replacing
3 everything after the enacting clause with the following:
4     "Section 1. Short title. This Act may be cited as the
5 Homeowners' Solar Rights Act.
6     Section 5. Legislative intent. The legislative intent in
7 enacting this Act is to protect the public health, safety, and
8 welfare by encouraging the development and use of solar energy
9 systems in order to conserve and protect the value of land,
10 buildings, and resources by preventing the adoption of measures
11 which will have the ultimate effect, however unintended, of
12 preventing the use of solar energy systems on homes.
13     Section 10. Definitions. In this Act:
14     "Solar energy" means radiant energy received from the sun
15 at wave lengths suitable for heat transfer, photosynthetic use,



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1 or photovoltaic use.
2     "Solar collector" means:
3         (1) an assembly, structure, or design, including
4     passive elements, used for gathering, concentrating, or
5     absorbing direct and indirect solar energy, specially
6     designed for holding a substantial amount of useful thermal
7     energy and to transfer that energy to a gas, solid, or
8     liquid or to use that energy directly; or
9         (2) a mechanism that absorbs solar energy and converts
10     it into electricity; or
11         (3) a mechanism or process used for gathering solar
12     energy through wind or thermal gradients; or
13         (4) a component used to transfer thermal energy to a
14     gas, solid, or liquid, or to convert it into electricity.
15     "Solar storage mechanism" means equipment or elements
16 (such as piping and transfer mechanisms, containers, heat
17 exchangers, or controls thereof, and gases, solids, liquids, or
18 combinations thereof) that are utilized for storing solar
19 energy, gathered by a solar collector, for subsequent use.
20     "Solar energy system" means:
21         (1) a complete assembly, structure, or design of solar
22     collector, or a solar storage mechanism, which uses solar
23     energy for generating electricity or for heating or cooling
24     gases, solids, liquids, or other materials; and
25         (2) the design, materials, or elements of a system and
26     its maintenance, operation, and labor components, and the



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1     necessary components, if any, of supplemental conventional
2     energy systems designed or constructed to interface with a
3     solar energy system.
4     Section 15. Associations; prohibitions. Notwithstanding
5 any provision of this Act or other provision of law, the
6 adoption of a bylaw or exercise of any power by the governing
7 entity of a homeowners' association, common interest community
8 association, or condominium unit owners' association which
9 prohibits or has the effect of prohibiting the installation of
10 a solar energy system is expressly prohibited.
11     Section 20. Deed restrictions; covenants. No deed
12 restrictions, covenants, or similar binding agreements running
13 with the land shall prohibit or have the effect of prohibiting
14 a solar energy system from being installed on a building
15 erected on a lot or parcel covered by the deed restrictions,
16 covenants, or binding agreements. A property owner may not be
17 denied permission to install a solar energy system by any
18 entity granted the power or right in any deed restriction,
19 covenant, or similar binding agreement to approve, forbid,
20 control, or direct alteration of property. However, for
21 purposes of this Act, the entity may determine the specific
22 location where a solar energy system may be installed on the
23 roof within an orientation to the south or within 45 degrees
24 east or west of due south provided that the determination does



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1 not impair the effective operation of the solar energy system.
2 Each homeowners' association, common interest community
3 association, or condominium unit owners' association shall
4 adopt an energy policy statement regarding the location,
5 design, and architectural requirements of solar energy systems
6 within 120 days after an association receives a request for a
7 policy statement or an application from an association member.
8 An association shall disclose, upon request, its energy policy
9 statement and shall include the statement in its homeowners',
10 common interest community, or condominium unit owners'
11 association declaration.
12     Section 25. Standards and requirements. A solar energy
13 system shall meet applicable standards and requirements
14 imposed by State and local permitting authorities.
15     Section 30. Application for approval. Whenever approval is
16 required for the installation or use of a solar energy system,
17 the application for approval shall be processed by the
18 appropriate approving entity of the association within 90 days
19 after the submission of the application. However, if an
20 application is submitted before an energy policy statement is
21 adopted by an association, the 90 day period shall not begin to
22 run until the date that the policy is adopted.
23     Section 35. Violations. Any entity, other than a public



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1 entity, that willfully violates this Act shall be liable to the
2 applicant for actual damages occasioned thereby and for any
3 other consequential damages. Any entity that complies with the
4 requirements of this Act shall not be liable to any other
5 resident or third party for such compliance.
6     Section 40. Costs; attorney's fees. In any litigation
7 arising under this Act, the prevailing party shall be entitled
8 to costs and reasonable attorney's fees.
9     Section 45. Inapplicability. This Act shall not apply to
10 any building which is greater than 30 feet in height.".