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| | 101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB5105 Introduced 2/18/2020, by Rep. Daniel Didech SYNOPSIS AS INTRODUCED:
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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.
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| | | HOME RULE NOTE ACT MAY APPLY | |
| | A BILL FOR |
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| | HB5105 | | LRB101 19042 LNS 68502 b |
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| 1 | | AN ACT concerning civil law.
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| 2 | | Be it enacted by the People of the State of Illinois,
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| 3 | | represented in the General Assembly:
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| 4 | | Section 5. The Homeowners' Energy Policy Statement Act is |
| 5 | | amended by adding Section 23 as follows:
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| 6 | | (765 ILCS 165/23 new) |
| 7 | | Sec. 23. Authority to restrict solar energy system. No unit |
| 8 | | of local government, including a home rule unit of local |
| 9 | | government, may place any restriction, either directly or |
| 10 | | indirectly, on the installation or use of a solar energy |
| 11 | | system, 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 |
| 17 | | energy systems in a manner more restrictive than the regulation |
| 18 | | by the State of the installation of solar energy systems under |
| 19 | | this Act. This Section is a limitation under subsection (i) of |
| 20 | | Section 6 of Article VII of the Illinois Constitution on the |
| 21 | | concurrent exercise by home rule units of powers and functions |
| 22 | | exercised by the State.
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