Illinois General Assembly - Full Text of HB0644
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Full Text of HB0644  102nd General Assembly




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1    AN ACT concerning civil law.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Homeowners' Energy Policy Statement Act is
5amended by changing Sections 10, 20, 30, and 45 as follows:
6    (765 ILCS 165/10)
7    Sec. 10. Definitions. In this Act:
8    "Solar energy" means radiant energy received from the sun
9at wave lengths suitable for heat transfer, photosynthetic
10use, or photovoltaic use.
11    "Solar collector" means:
12        (1) an assembly, structure, or design, including
13    passive elements, used for gathering, concentrating, or
14    absorbing direct and indirect solar energy, specially
15    designed for holding a substantial amount of useful
16    thermal energy and to transfer that energy to a gas,
17    solid, or liquid or to use that energy directly; or
18        (2) a mechanism that absorbs solar energy and converts
19    it into electricity; or
20        (3) a mechanism or process used for gathering solar
21    energy through wind or thermal gradients; or
22        (4) a component used to transfer thermal energy to a
23    gas, solid, or liquid, or to convert it into electricity.



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1    "Solar storage mechanism" means equipment or elements
2(such as piping and transfer mechanisms, containers, heat
3exchangers, batteries, or controls thereof, and gases, solids,
4liquids, or combinations thereof) that are utilized for
5storing solar energy, gathered by a solar collector, for
6subsequent use.
7    "Solar energy system" means:
8        (1) a complete assembly, structure, or design of solar
9    collector, or a solar storage mechanism, which uses solar
10    energy for generating electricity or for heating or
11    cooling gases, solids, liquids, or other materials; and
12        (2) the design, materials, or elements of a system and
13    its maintenance, operation, and labor components, and the
14    necessary components, if any, of supplemental conventional
15    energy systems designed or constructed to interface with a
16    solar energy system.
17(Source: P.A. 96-1436, eff. 1-1-11.)
18    (765 ILCS 165/20)
19    Sec. 20. Deed restrictions; covenants. No deed
20restrictions, covenants, or similar binding agreements running
21with the land shall prohibit or have the effect of prohibiting
22a solar energy system from being installed on a building
23erected on a lot or parcel covered by the deed restrictions,
24covenants, or binding agreements, if the building is subject
25to a homeowners' association, common interest community



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1association, or condominium unit owners' association. A
2property owner may not be denied permission to install a solar
3energy system by any entity granted the power or right in any
4deed restriction, covenant, or similar binding agreement to
5approve, forbid, control, or direct alteration of property.
6However, for purposes of this Act, the entity may determine
7the specific configuration of the elements of a solar energy
8system on a given roof face, provided that it may not prohibit
9elements of the system from being installed on any roof face
10and that any such determination may not reduce the production
11of the solar energy system by more than 10%. For the purposes
12of this Section, "production" means the estimated annual
13electrical production of the solar energy system specific
14location where a solar energy system may be installed on the
15roof within an orientation to the south or within 45 degrees
16east or west of due south provided that the determination does
17not impair the effective operation of the solar energy system.
18Within 90 120 days after a homeowners' association, common
19interest community association, or condominium unit owners'
20association receives a request for a policy statement or an
21application from an association member, the association shall
22adopt an energy policy statement regarding: (i) the location,
23design, and architectural requirements of solar energy
24systems; and (ii) whether a wind energy collection, rain water
25collection, or composting system is allowed, and, if so, the
26location, design, and architectural requirements of those



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1systems. An association shall disclose, upon request, its
2energy policy statement and shall include the statement in its
3homeowners' common interest community, or condominium unit
4owners' association declaration.
5(Source: P.A. 96-1436, eff. 1-1-11; 97-105, eff. 1-1-12.)
6    (765 ILCS 165/30)
7    Sec. 30. Application for approval. Whenever approval is
8required for the installation or use of a solar energy system,
9the application for approval shall be processed by the
10appropriate approving entity of the association within 75 90
11days of after the submission of the application. However, if
12an application is submitted before an energy policy statement
13is adopted by an association, the 75-day 90 day period shall
14not begin to run until the date that the policy is adopted.
15(Source: P.A. 96-1436, eff. 1-1-11.)
16    (765 ILCS 165/45)
17    Sec. 45. Inapplicability. This Act shall not apply to any
18building that:
19        (1) which is greater than 60 30 feet in height; or
20        (2) has a shared roof and is subject to a homeowners'
21    association, common interest community association,
22    condominium unit owners' association.
23    As used in this Section, "shared roof" means any roof that
24(i) serves more than one unit, including, but not limited to, a



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1contiguous roof serving adjacent units, or (ii) is part of the
2common elements or common area.
3(Source: P.A. 96-1436, eff. 1-1-11.)