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


Rep. Daniel Didech

Filed: 3/17/2021





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2    AMENDMENT NO. ______. Amend House Bill 644 by replacing
3everything after the enacting clause with the following:
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,



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1    solid, or liquid or to use that energy directly; or
2        (2) a mechanism that absorbs solar energy and converts
3    it into electricity; or
4        (3) a mechanism or process used for gathering solar
5    energy through wind or thermal gradients; or
6        (4) a component used to transfer thermal energy to a
7    gas, solid, or liquid, or to convert it into electricity.
8    "Solar storage mechanism" means equipment or elements
9(such as piping and transfer mechanisms, containers, heat
10exchangers, batteries, or controls thereof, and gases, solids,
11liquids, or combinations thereof) that are utilized for
12storing solar energy, gathered by a solar collector, for
13subsequent use.
14    "Solar energy system" means:
15        (1) a complete assembly, structure, or design of solar
16    collector, or a solar storage mechanism, which uses solar
17    energy for generating electricity or for heating or
18    cooling gases, solids, liquids, or other materials; and
19        (2) the design, materials, or elements of a system and
20    its maintenance, operation, and labor components, and the
21    necessary components, if any, of supplemental conventional
22    energy systems designed or constructed to interface with a
23    solar energy system.
24(Source: P.A. 96-1436, eff. 1-1-11.)
25    (765 ILCS 165/20)



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1    Sec. 20. Deed restrictions; covenants. No deed
2restrictions, covenants, or similar binding agreements running
3with the land shall prohibit or have the effect of prohibiting
4a solar energy system from being installed on a building
5erected on a lot or parcel covered by the deed restrictions,
6covenants, or binding agreements, if the building is subject
7to a homeowners' association, common interest community
8association, or condominium unit owners' association. A
9property owner may not be denied permission to install a solar
10energy system by any entity granted the power or right in any
11deed restriction, covenant, or similar binding agreement to
12approve, forbid, control, or direct alteration of property.
13However, for purposes of this Act, the entity may determine
14the specific configuration of the elements of a solar energy
15system on a given roof face, provided that it may not prohibit
16elements of the system from being installed on any roof face
17and that any such determination may not reduce the production
18of the solar energy system by more than 10%. For the purposes
19of this Section, "production" means the estimated annual
20electrical production of the solar energy system specific
21location where a solar energy system may be installed on the
22roof within an orientation to the south or within 45 degrees
23east or west of due south provided that the determination does
24not impair the effective operation of the solar energy system.
25Within 90 120 days after a homeowners' association, common
26interest community association, or condominium unit owners'



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1association receives a request for a policy statement or an
2application from an association member, the association shall
3adopt an energy policy statement regarding: (i) the location,
4design, and architectural requirements of solar energy
5systems; and (ii) whether a wind energy collection, rain water
6collection, or composting system is allowed, and, if so, the
7location, design, and architectural requirements of those
8systems. An association shall disclose, upon request, its
9energy policy statement and shall include the statement in its
10homeowners' common interest community, or condominium unit
11owners' association declaration.
12(Source: P.A. 96-1436, eff. 1-1-11; 97-105, eff. 1-1-12.)
13    (765 ILCS 165/30)
14    Sec. 30. Application for approval. Whenever approval is
15required for the installation or use of a solar energy system,
16the application for approval shall be processed by the
17appropriate approving entity of the association within 75 90
18days of after the submission of the application. However, if
19an application is submitted before an energy policy statement
20is adopted by an association, the 75-day 90 day period shall
21not begin to run until the date that the policy is adopted.
22(Source: P.A. 96-1436, eff. 1-1-11.)
23    (765 ILCS 165/45)
24    Sec. 45. Inapplicability. This Act shall not apply to any



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1building that:
2        (1) which is greater than 60 30 feet in height; or
3        (2) has a shared roof and is subject to a homeowners'
4    association, common interest community association,
5    condominium unit owners' association.
6    As used in this Section, "shared roof" means any roof that
7(i) serves more than one unit, including, but not limited to, a
8contiguous roof serving adjacent units, or (ii) is part of the
9common elements or common area.
10(Source: P.A. 96-1436, eff. 1-1-11.)".