HB5105 101ST GENERAL ASSEMBLY

LRB101 19042 LNS 68502 b

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.

HOME RULE NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning civil law.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Homeowners' Energy Policy Statement Act is amended by adding Section 23 as follows:

(765 ILCS 165/23 new)

Sec. 23. Authority to restrict solar energy system. No unit of local government, including a home rule unit of local government, may place any restriction, either directly or indirectly, on the installation or use of a solar energy system, as defined in Section 10, unless the restriction:

(1) serves to preserve or protect public health or safety; or

(2) does not significantly decrease the production or efficiency of the solar energy system.

A home rule unit may not regulate the installation of solar energy systems in a manner more restrictive than the regulation by the State of the installation of solar energy systems under this Act. This Section is a limitation 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.

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