SB0526ham004 95TH GENERAL ASSEMBLY

Rep. Julie Hamos

Filed: 5/28/2008

09500SB0526ham004 LRB095 03704 HLH 51610 a

AMENDMENT TO SENATE BILL 526

AMENDMENT NO. ______. Amend Senate Bill 526, AS AMENDED, by replacing everything after the enacting clause with the following:

"Section 1. Short title. This Act may be cited as the Homeowners' Solar Rights Act.

Section 5. Legislative intent. The legislative intent in enacting this Act is to protect the public health, safety, and welfare by encouraging the development and use of renewable resources in order to conserve and protect the value of land, buildings, and resources by preventing the adoption of measures which will have the ultimate effect, however unintended, of increasing the costs of owning and operating commercial or residential property beyond the capacity of private owners to maintain.

Section 10. Associations; prohibitions. Notwithstanding any provision of this Act or other provision of law, the adoption of a bylaw or exercise of any power by the governing entity of a homeowners' association, property owners' association, or condominium unit owners' association which prohibits or has the effect of prohibiting the installation of a solar energy system or other energy device based on a renewable resource is expressly prohibited.

Section 15. 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 or other energy device based on a renewable resource from being installed on a building erected on a lot or parcel covered by the deed restrictions, covenants, or binding agreements. A property owner may not be denied permission to install a solar energy system or other energy device based on a renewable resource 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 location where a solar energy system or other energy device 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 or other energy device. Each homeowners' association and condominium unit owners' association shall adopt an energy policy statement regarding the location, design, and architectural requirements of solar energy systems or other energy devices. An association shall disclose, upon request, its energy policy statement and shall include the statement in its homeowners' or condominium unit owners' association declaration.

Section 20. Standards and requirements. A solar energy system or other energy device based on a renewable resource shall meet applicable standards and requirements imposed by State and local permitting authorities. A solar energy system shall be certified by the Solar Rating and Certification Corporation (SRCC) or another similar nationally recognized certification entity.

Section 25. Application for approval. Whenever approval is required for the installation or use of a solar energy system or other energy device, the application for approval shall be processed and approved by the appropriate approving entity in the same manner as an application for approval of an architectural modification to the property, and the application shall not be willfully avoided or delayed.

Section 30. Violations. Any entity, other than a public entity, that willfully violates this Act shall be liable to the applicant or any other party affected by a willful violation of this Act for actual damages occasioned thereby and for any other consequential damages. Any entity that complies with the requirements of this Act shall not be liable to any other resident or third party for such compliance.

Section 35. Costs; attorney's fees. In any litigation arising under this Act, the prevailing party shall be entitled to costs and reasonable attorney's fees.

Section 40. Inapplicability. This Act shall not apply to any building which is greater than 30 feet in height.

Section 90. The Energy Efficient Commercial Building Act is amended by changing Sections 1, 5, 10, 15, 20, and 45 as follows:

(20 ILCS 3125/1)

Sec. 1. Short title. This Act may be cited as the Energy Efficient Commercial Building Act.

(Source: P.A. 93-936, eff. 8-13-04.)

(20 ILCS 3125/5)

Sec. 5. Findings.

(a) The legislature finds that an effective energy efficient commercial building code is essential to:

(1) reduce the air pollutant emissions from energy consumption that are affecting the health of residents of this State;

(2) moderate future peak electric power demand;

(3) assure the reliability of the electrical grid and an adequate supply of heating oil and natural gas; and

(4) control energy costs for residents and businesses in this State.

(b) The legislature further finds that this State has a number of different climate types, all of which require energy for both cooling and heating, and that there are many cost-effective measures that can reduce peak energy use and reduce cooling, heating, lighting, and other energy costs in commercial buildings.

(Source: P.A. 93-936, eff. 8-13-04.)

(20 ILCS 3125/10)

Sec. 10. Definitions.

"Board" means the Capital Development Board.

"Building" includes both residential buildings and commercial buildings.

"Code" means the latest published edition of the International Code Council's International Energy Conservation Code, excluding published supplements but including the adaptations to the Code that are made by the Board.

"Commercial building" means any building except a building that is a residential building, as defined in this Section.

"Department" means the Department of Commerce and Economic Opportunity.

"Municipality" means any city, village, or incorporated town.

"Residential building" means (i) a detached one-family or 2-family dwelling or (ii) any building that is 3 stories or less in height above grade that contains multiple dwelling units, in which the occupants reside on a primarily permanent basis, such as a townhouse, a row house, an apartment house, a convent, a monastery, a rectory, a fraternity or sorority house, a dormitory, and a rooming house.

(Source: P.A. 93-936, eff. 8-13-04; 94-815, eff. 5-26-06.)

(20 ILCS 3125/15)

Sec. 15. Energy Efficient Building Code. The Board, in consultation with the Department, shall adopt the Code as minimum requirements for commercial buildings, applying to the construction of, renovations to, and additions to all commercial buildings in the State. With respect to commercial buildings, the The Board may appropriately adapt the International Energy Conservation Code to apply to the particular economy, population distribution, geography, and climate of the State and construction therein, consistent with the public policy objectives of this Act.

The Board, in consultation with the Department, shall adopt the Code as the minimum and maximum requirements for residential buildings, applying to the construction of all residential buildings in the State. The Board, in consultation with the Department, shall also have the authority to promulgate rules only to the extent that the Board adopts the Code as the minimum and maximum requirements for residential buildings, applying to the construction of all residential buildings in the State. In addition, if the Board desires to appropriately adapt the Energy Conservation Code with respect to residential buildings to apply to the particular economy, population distribution, geography, and climate of the State and construction therein, consistent with the public policy objectives of this Act, it shall suggest rules to the General Assembly and request that the General Assembly authorize such rulemaking by law.

(Source: P.A. 93-936, eff. 8-13-04.)

(20 ILCS 3125/20)

Sec. 20. Applicability.

(a) The Code shall take effect one year after it is adopted by the Board and shall apply to any new commercial building or structure in this State for which a building permit application is received by a municipality or county, except as otherwise provided by this Act. In the case of any addition, alteration, renovation, or repair to an existing commercial structure, the Code adopted under this Act applies only to the portions of that structure that are being added, altered, renovated, or repaired.

(b) The following buildings shall be exempt from the Code:

(1) Buildings otherwise exempt from the provisions of a locally adopted building code and buildings that do not contain a conditioned space.

(2) Buildings that do not use either electricity or fossil fuel for comfort conditioning. For purposes of determining whether this exemption applies, a building will be presumed to be heated by electricity, even in the absence of equipment used for electric comfort heating, whenever the building is provided with electrical service in excess of 100 amps, unless the code enforcement official determines that this electrical service is necessary for purposes other than providing electric comfort heating.

(3) Historic buildings. This exemption shall apply to those buildings that are listed on the National Register of Historic Places or the Illinois Register of Historic Places, and to those buildings that have been designated as historically significant by a local governing body that is authorized to make such designations.

(4) Additions, alterations, renovations, or repairs to existing residential structures Residential buildings.

(5) Other buildings specified as exempt by the International Energy Conservation Code.

(c) A unit of local government that does not regulate energy efficient building standards is not required to adopt, enforce, or administer the Code; however any energy efficient building standards adopted by a unit of local government must comply with this Act. If a unit of local government does not regulate energy efficient building standards, any construction, renovation, or addition to buildings or structures is subject to the provisions contained in this Act.

(Source: P.A. 93-936, eff. 8-13-04.)

(20 ILCS 3125/45)

Sec. 45. Home rule. Except as otherwise provided in this Section, no No unit of local government, including any home rule unit, may regulate energy efficient building standards for commercial buildings in a manner that is less stringent than the provisions contained in this Act.

Except as otherwise provided in this Section, no unit of local government, including any home rule unit, may regulate energy efficient building standards for residential buildings in a manner that is either less or more stringent than the standards established pursuant to this Act.

Except as otherwise provided in this Section, no unit of local government, including any home rule unit, may hereafter enact any annexation ordinance or resolution, or require or enter into any annexation agreement, that imposes energy efficiency building standards for residential buildings that are either less or more stringent than the energy efficiency standards in effect throughout the unit of local government, including a unit of local government that is subject to State regulation under the Code as provided in Section 15 of this Act, at the time of construction.

Any unit of local government that has adopted any previously published editions of the International Energy Conservation Code on or before May 1, 2008, may continue to regulate energy efficient building standards under that Code and any supplements the unit of local government has adopted prior to May 1, 2008.

This Section is a denial and limitation of home rule powers and functions under subsection (i) of Section 6 of Article VII of the Illinois Constitution on the concurrent exercise by home rule units of powers and functions exercised by the State. Nothing in this Section, however, prevents a unit of local government from adopting an energy efficiency code or standards for commercial buildings that are more stringent than the Code under this Act.

(Source: P.A. 93-936, eff. 8-13-04.)

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