Bill Status of HB 2174   103rd General Assembly

Short Description:  HOMEOWNERS ENERGY-VARIOUS

House Sponsors
Rep. Daniel Didech-Lilian Jiménez-Anthony DeLuca, Joyce Mason, Dagmara Avelar, Janet Yang Rohr and Gregg Johnson

Senate Sponsors
(Sen. Bill Cunningham and Sara Feigenholtz)


Last Action  View All Actions

DateChamber Action
  7/28/2023HousePublic Act . . . . . . . . . 103-0296

Statutes Amended In Order of Appearance
765 ILCS 165/20
765 ILCS 165/25
765 ILCS 165/30
765 ILCS 165/40

Synopsis As Introduced
Amends the Homeowners Energy Policy Statement Act. Requires any energy policy statement to explicitly include the minimum standards. Provides that a written energy policy statement may not condition approval of an application on approval by adjacent property owners. Restricts an association from inquiring into a property owner's energy usage, imposing conditions impairing the operation of a solar energy system, imposing conditions negatively impacting any component warranty, or requiring post-installation reporting. Provides that a property owner may not be denied permission to install a solar energy system based on system ownership or financing method chosen by the property owner. Allows an association's written energy policy statement to impose reasonable conditions concerning the location of on-site storage of materials and equipment during the installation process and the maintenance, repair, replacement, and ultimate removal of damaged or inoperable systems. Provides that no energy policy statement shall be valid unless recorded as required by applicable law in the office of the recorder of deeds in the county where the property is located. Requires an application for approval to be made available in hard copy form at a property owner's request or, if the association maintains a website, through the website. Provides that an application shall be processed by the appropriate approving entity of the association within 30 (rather than 75) days of the submission of the application. Provides that if an association fails to adopt a written solar energy policy statement or process an application for approval within the specified time, the property owner may proceed with the installation or use of the proposed solar energy system notwithstanding any other policy or provision in the homeowners' common interest community or condominium unit owners' association declaration. Allows a property owner to resubmit an application for approval previously denied by an association, and requires any such resubmitted application to be evaluated under the changes made by the amendatory Act. Makes conforming and other changes. Effective immediately.

House Floor Amendment No. 2
Replaces everything after the enacting clause with the provisions of the introduced bill, and makes the following changes: Provides that a property owner may not be required to utilize specific technology, including, but not limited to, solar shingles rather than traditional solar panels, 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. Removes language providing that an association's written energy policy statement may impose reasonable conditions concerning the location of on-site storage of materials and equipment during the installation process. Provides that an association's written energy policy statement may impose reasonable conditions so long as such conditions are not more onerous than the association's analogous conditions for nonsolar projects. Removes language providing that no energy policy statement shall be valid unless recorded as required by applicable law in the office of the recorder of deeds in the county where the property is located. Provides that any provision of a homeowners' common interest community or condominium unit owners' declaration or energy policy statement that conflicts with the Act shall be void and unenforceable as contrary to public policy. Effective immediately.

Senate Floor Amendment No. 1
Provides that before a property owner may proceed with the installation or use of the proposed solar energy system based upon the association's failure to adopt a written solar energy policy statement or process an application for approval within the specified time, the property owner must first give the association written notice of the alleged failure and 10 business days to cure that alleged failure. Provides that during those 10 business days, the association may only adopt the policy statement or process the application; the association may not take other action, including, but not limited to, seeking injunctive relief, during those 10 business days.

Actions 
DateChamber Action
  2/7/2023HouseFiled with the Clerk by Rep. Daniel Didech
  2/7/2023HouseFirst Reading
  2/7/2023HouseReferred to Rules Committee
  2/15/2023HouseAssigned to Energy & Environment Committee
  2/28/2023HouseHouse Committee Amendment No. 1 Filed with Clerk by Rep. Daniel Didech
  2/28/2023HouseHouse Committee Amendment No. 1 Referred to Rules Committee
  2/28/2023HouseAdded Chief Co-Sponsor Rep. Lilian Jiménez
  2/28/2023HouseAdded Co-Sponsor Rep. Joyce Mason
  2/28/2023HouseDo Pass / Short Debate Energy & Environment Committee; 017-008-000
  2/28/2023HouseHouse Committee Amendment No. 1 Tabled
  3/1/2023HouseAdded Chief Co-Sponsor Rep. Anthony DeLuca
  3/1/2023HousePlaced on Calendar 2nd Reading - Short Debate
  3/2/2023HouseHouse Floor Amendment No. 2 Filed with Clerk by Rep. Daniel Didech
  3/2/2023HouseHouse Floor Amendment No. 2 Referred to Rules Committee
  3/7/2023HouseHouse Floor Amendment No. 2 Rules Refers to Energy & Environment Committee
  3/7/2023HouseHouse Floor Amendment No. 2 Recommends Be Adopted Energy & Environment Committee; 017-010-000
  3/14/2023HouseHouse Floor Amendment No. 2 Adopted
  3/14/2023HouseSecond Reading - Short Debate
  3/14/2023HousePlaced on Calendar Order of 3rd Reading - Short Debate
  3/16/2023HouseAdded Co-Sponsor Rep. Dagmara Avelar
  3/16/2023HouseThird Reading - Short Debate - Passed 073-037-000
  3/17/2023HouseAdded Co-Sponsor Rep. Janet Yang Rohr
  3/21/2023SenateArrive in Senate
  3/21/2023SenatePlaced on Calendar Order of First Reading
  3/21/2023SenateChief Senate Sponsor Sen. Bill Cunningham
  3/21/2023SenateFirst Reading
  3/21/2023SenateReferred to Assignments
  4/12/2023SenateAssigned to Judiciary
  4/18/2023HouseAdded Co-Sponsor Rep. Gregg Johnson
  4/19/2023SenateDo Pass Judiciary; 005-003-001
  4/19/2023SenatePlaced on Calendar Order of 2nd Reading April 20, 2023
  4/20/2023SenateSecond Reading
  4/20/2023SenatePlaced on Calendar Order of 3rd Reading April 25, 2023
  4/27/2023SenateSenate Floor Amendment No. 1 Filed with Secretary by Sen. Bill Cunningham
  4/27/2023SenateSenate Floor Amendment No. 1 Referred to Assignments
  5/2/2023SenateSenate Floor Amendment No. 1 Assignments Refers to Judiciary
  5/3/2023SenateSenate Floor Amendment No. 1 Recommend Do Adopt Judiciary; 006-000-000
  5/4/2023SenateRecalled to Second Reading
  5/4/2023SenateSenate Floor Amendment No. 1 Adopted; Cunningham
  5/4/2023SenatePlaced on Calendar Order of 3rd Reading May 5, 2023
  5/11/2023SenateThird Reading - Passed; 054-000-001
  5/11/2023HouseArrived in House
  5/11/2023HousePlaced on Calendar Order of Concurrence Senate Amendment(s) 1
  5/11/2023HouseSenate Floor Amendment No. 1 Motion Filed Concur Rep. Daniel Didech
  5/11/2023HouseSenate Floor Amendment No. 1 Motion to Concur Referred to Rules Committee
  5/12/2023SenateAdded as Alternate Co-Sponsor Sen. Sara Feigenholtz
  5/15/2023HouseSenate Floor Amendment No. 1 Motion to Concur Referred to Energy & Environment Committee
  5/16/2023HouseSenate Floor Amendment No. 1 Motion to Concur Recommends Be Adopted Energy & Environment Committee; 020-000-000
  5/17/2023HouseSenate Floor Amendment No. 1 House Concurs 100-014-000
  5/17/2023HouseHouse Concurs
  5/17/2023HousePassed Both Houses
  6/15/2023HouseSent to the Governor
  7/28/2023HouseGovernor Approved
  7/28/2023HouseEffective Date July 28, 2023
  7/28/2023HousePublic Act . . . . . . . . . 103-0296

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