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Public Act 102-0161 | ||||
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AN ACT concerning civil law.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Homeowners' Energy Policy Statement Act is | ||||
amended by changing Sections 10, 20, 30, and 45 as follows: | ||||
(765 ILCS 165/10)
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Sec. 10. Definitions. In this Act: | ||||
"Solar energy" means radiant energy received from the sun | ||||
at wave lengths suitable for heat transfer, photosynthetic | ||||
use, or photovoltaic use. | ||||
"Solar collector" means: | ||||
(1) an assembly, structure, or design, including | ||||
passive elements, used for gathering, concentrating, or | ||||
absorbing direct and indirect solar energy, specially | ||||
designed for holding a substantial amount of useful | ||||
thermal energy and to transfer that energy to a gas, | ||||
solid, or liquid or to use that energy directly; or | ||||
(2) a mechanism that absorbs solar energy and converts | ||||
it into electricity; or | ||||
(3) a mechanism or process used for gathering solar | ||||
energy through wind or thermal gradients; or | ||||
(4) a component used to transfer thermal energy to a | ||||
gas, solid, or liquid, or to convert it into electricity. |
"Solar storage mechanism" means equipment or elements | ||
(such as piping and transfer mechanisms, containers, heat | ||
exchangers, batteries, or controls thereof, and gases, solids, | ||
liquids, or combinations thereof) that are utilized for | ||
storing solar energy, gathered by a solar collector, for | ||
subsequent use. | ||
"Solar energy system" means: | ||
(1) a complete assembly, structure, or design of solar | ||
collector, or a solar storage mechanism, which uses solar | ||
energy for generating electricity or for heating or | ||
cooling gases, solids, liquids, or other materials; and | ||
(2) the design, materials, or elements of a system and | ||
its maintenance, operation, and labor components, and the | ||
necessary components, if any, of supplemental conventional | ||
energy systems designed or constructed to interface with a | ||
solar energy system.
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(Source: P.A. 96-1436, eff. 1-1-11.) | ||
(765 ILCS 165/20)
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Sec. 20. Deed restrictions; covenants. No deed | ||
restrictions, covenants, or similar binding agreements running | ||
with the land shall prohibit or have the effect of prohibiting | ||
a solar energy system from being installed on a building | ||
erected on a lot or parcel covered by the deed restrictions, | ||
covenants, or binding agreements, if the building is subject | ||
to a homeowners' association, common interest community |
association, or condominium unit owners' association. A | ||
property owner may not be denied permission to install a solar | ||
energy 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. | ||
However, for purposes of this Act, the entity may determine | ||
the specific configuration of the elements of a solar energy | ||
system on a given roof face, provided that it may not prohibit | ||
elements of the system from being installed on any roof face | ||
and that any such determination may not reduce the production | ||
of the solar energy system by more than 10%. For the purposes | ||
of this Section, "production" means the estimated annual | ||
electrical production of the solar energy system specific | ||
location where a solar energy system may be installed on the | ||
roof within an orientation to the south or within 45 degrees | ||
east or west of due south provided that the determination does | ||
not impair the effective operation of the solar energy system . | ||
Within 90 120 days after a homeowners' association, common | ||
interest community association, or condominium unit owners' | ||
association receives a request for a policy statement or an | ||
application from an association member, the association shall | ||
adopt an energy policy statement regarding: (i) the location, | ||
design, and architectural requirements of solar energy | ||
systems; and (ii) whether a wind energy collection, rain water | ||
collection, or composting system is allowed, and, if so, the | ||
location, design, and architectural requirements of those |
systems. An association shall disclose, upon request, its | ||
energy policy statement and shall include the statement in its | ||
homeowners' common interest community, or condominium unit | ||
owners' association declaration.
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(Source: P.A. 96-1436, eff. 1-1-11; 97-105, eff. 1-1-12.) | ||
(765 ILCS 165/30)
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Sec. 30. Application for approval. Whenever approval is | ||
required for the installation or use of a solar energy system, | ||
the application for approval shall be processed by the | ||
appropriate approving entity of the association within 75 90 | ||
days of after the submission of the application.
However, if | ||
an application is submitted before an energy policy statement | ||
is adopted by an association, the 75-day 90 day period shall | ||
not begin to run until the date that the policy is adopted.
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(Source: P.A. 96-1436, eff. 1-1-11.) | ||
(765 ILCS 165/45)
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Sec. 45. Inapplicability. This Act shall not apply to any | ||
building that: | ||
(1) which is greater than 60 30 feet in height ; or | ||
(2) has a shared roof and is subject to a homeowners' | ||
association, common interest community association, | ||
condominium unit owners' association . | ||
As used in this Section, "shared roof" means any roof that | ||
(i) serves more than one unit, including, but not limited to, a |
contiguous roof serving adjacent units, or (ii) is part of the | ||
common elements or common area.
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(Source: P.A. 96-1436, eff. 1-1-11.)
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Section 99. Effective date. This Act takes effect upon | ||
becoming law. |