HB5315 103RD GENERAL ASSEMBLY

LRB103 34870 LNS 64732 b

103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB5315

Introduced 2/9/2024, by Rep. Daniel Didech

SYNOPSIS AS INTRODUCED:

765 ILCS 165/10
765 ILCS 165/15
765 ILCS 165/45

Amends the Homeowner's Energy Policy Statement Act. Defines "video doorbell" as an Internet-enabled doorbell, equipped with a camera or microphone, or both, that: (1) sends a notification to the smartphone, computer, or similar Internet-enabled mobile device of a user when a guest arrives at the entrance of the door; (2) is activated when the guest presses the button of the doorbell, is activated when the doorbell senses a guest with its built-in monitor sensors, or is activated remotely by the user of the doorbell through the user's smartphone, computer, or similar Internet-enabled mobile device; and (3) allows the user using the smartphone, computer, or similar Internet-enabled mobile device to watch and talk with the guest by using the doorbell's built-in camera and microphone. Prohibits the adoption of a bylaw or exercise of any power by the governing entity of a homeowners' association, common interest community association, or condominium unit owners' association that prohibits or has the effect of prohibiting the installation of a solar energy system installed for the primary purpose of providing solar energy to a video doorbell. Provides that the Act applies to any solar energy system installed for the primary purpose of providing solar energy to a video doorbell.

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 changing Sections 10, 15, and 45 as follows:

(765 ILCS 165/10)

Sec. 10. Definitions. In this Act:

"Solar energy" means radiant energy received from the sun at wave lengths suitable for heat transfer, photosynthetic use, or photovoltaic use.

"Solar collector" means:

(1) an assembly, structure, or design, including passive elements, used for gathering, concentrating, or absorbing direct and indirect solar energy, specially designed for holding a substantial amount of useful thermal energy and to transfer that energy to a gas, solid, or liquid or to use that energy directly; or

(2) a mechanism that absorbs solar energy and converts it into electricity; or

(3) a mechanism or process used for gathering solar energy through wind or thermal gradients; or

(4) a component used to transfer thermal energy to a gas, solid, or liquid, or to convert it into electricity.

"Solar storage mechanism" means equipment or elements (such as piping and transfer mechanisms, containers, heat exchangers, batteries, or controls thereof, and gases, solids, liquids, or combinations thereof) that are utilized for storing solar energy, gathered by a solar collector, for subsequent use.

"Solar energy system" means:

(1) a complete assembly, structure, or design of solar collector, or a solar storage mechanism, which uses solar energy for generating electricity or for heating or cooling gases, solids, liquids, or other materials; and

(2) the design, materials, or elements of a system and its maintenance, operation, and labor components, and the necessary components, if any, of supplemental conventional energy systems designed or constructed to interface with a solar energy system.

"Video doorbell" means an Internet-enabled doorbell, equipped with a camera or microphone, or both, that:

(1) sends a notification to the smartphone, computer, or similar Internet-enabled mobile device of a user when a guest arrives at the entrance of the door;

(2) is activated when the guest presses the button of the doorbell, is activated when the doorbell senses a guest with its built-in monitor sensors, or is activated remotely by the user of the doorbell through the user's smartphone, computer, or similar Internet-enabled mobile device; and

(3) allows the user using the smartphone, computer, or similar Internet-enabled mobile device to watch and talk with the guest by using the doorbell's built-in camera and microphone.

(Source: P.A. 102-161, eff. 7-26-21.)

(765 ILCS 165/15)

Sec. 15. 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, common interest community association, or condominium unit owners' association which prohibits or has the effect of prohibiting the installation of a solar energy system, including, but not limited to, a solar energy system installed for the primary purpose of providing solar energy to a video doorbell, is expressly prohibited.

(Source: P.A. 96-1436, eff. 1-1-11.)

(765 ILCS 165/45)

Sec. 45. Inapplicability; applicability.

(a) This Act shall not apply to any building that:

(1) is greater than 60 feet in height; or

(2) has a shared roof and is subject to a homeowners' association, common interest community association, condominium unit owners' association.

(b) Notwithstanding any provision of this Section to the contrary, this Act shall apply to any solar energy system installed for the primary purpose of providing solar energy to a video doorbell.

(c) As used in this Section, "shared roof" means any roof that (i) serves more than one unit, including, but not limited to, a contiguous roof serving adjacent units, or (ii) is part of the common elements or common area.

(Source: P.A. 102-161, eff. 7-26-21.)