101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB5105

 

Introduced 2/18/2020, by Rep. Daniel Didech

 

SYNOPSIS AS INTRODUCED:
 
765 ILCS 165/23 new

    Amends the Homeowners' Energy Policy Statement Act. Provides that no political subdivision may place any restriction, either directly or indirectly, on the installation or use of a solar energy system unless the restriction: serves to preserve or protect public health or safety; or does not significantly decrease its production or efficiency. Limits home rule powers. Effective immediately.


LRB101 19042 LNS 68502 b

HOME RULE NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB5105LRB101 19042 LNS 68502 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 adding Section 23 as follows:
 
6    (765 ILCS 165/23 new)
7    Sec. 23. Authority to restrict solar energy system. No unit
8of local government, including a home rule unit of local
9government, may place any restriction, either directly or
10indirectly, on the installation or use of a solar energy
11system, as defined in Section 10, unless the restriction:
12        (1) serves to preserve or protect public health or
13    safety; or
14        (2) does not significantly decrease the production or
15    efficiency of the solar energy system.
16    A home rule unit may not regulate the installation of solar
17energy systems in a manner more restrictive than the regulation
18by the State of the installation of solar energy systems under
19this Act. This Section is a limitation under subsection (i) of
20Section 6 of Article VII of the Illinois Constitution on the
21concurrent exercise by home rule units of powers and functions
22exercised by the State.
 

 

 

HB5105- 2 -LRB101 19042 LNS 68502 b

1    Section 99. Effective date. This Act takes effect upon
2becoming law.