Bill Amendment: IL HB5315 | 2023-2024 | 103rd General Assembly
NOTE: For additional amemendments please see the Bill Drafting List
Bill Title: SOLAR ENERGY-VIDEO DOORBELL
Status: 2024-04-19 - House Floor Amendment No. 2 Rule 19(c) / Re-referred to Rules Committee [HB5315 Detail]
Download: Illinois-2023-HB5315-House_Amendment_002.html
Bill Title: SOLAR ENERGY-VIDEO DOORBELL
Status: 2024-04-19 - House Floor Amendment No. 2 Rule 19(c) / Re-referred to Rules Committee [HB5315 Detail]
Download: Illinois-2023-HB5315-House_Amendment_002.html
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1 | AMENDMENT TO HOUSE BILL 5315 | ||||||
2 | AMENDMENT NO. ______. Amend House Bill 5315, AS AMENDED, | ||||||
3 | by replacing everything after the enacting clause with the | ||||||
4 | following:
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5 | "Section 5. The Counties Code is amended by adding | ||||||
6 | Division 5-46 as follows:
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7 | (55 ILCS 5/Div. 5-46 heading new) | ||||||
8 | Division 5-46. Solar Bill of Rights | ||||||
9 | (55 ILCS 5/5-46005 new) | ||||||
10 | Sec. 5-46005. Definitions. As used in this Division: | ||||||
11 | "Low voltage solar powered device" means a piece of | ||||||
12 | equipment designed for a particular purpose, including, but | ||||||
13 | not limited to, doorbells, security systems and illumination | ||||||
14 | equipment, powered by a solar collector operating at less than | ||||||
15 | 50 volts and located: |
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1 | (1) entirely within the lot or parcel owned by the | ||||||
2 | property owner; or | ||||||
3 | (2) within a common area without being permanently | ||||||
4 | attached to common property. | ||||||
5 | "Solar energy" means radiant energy received from the sun | ||||||
6 | at wave lengths suitable for heat transfer, photosynthetic | ||||||
7 | use, or photovoltaic use. | ||||||
8 | "Solar collector" means: | ||||||
9 | (1) an assembly, structure, or design, including | ||||||
10 | passive elements, used for gathering, concentrating, or | ||||||
11 | absorbing direct and indirect solar energy, specially | ||||||
12 | designed for holding a substantial amount of useful | ||||||
13 | thermal energy and to transfer that energy to a gas, | ||||||
14 | solid, or liquid or to use that energy directly; or | ||||||
15 | (2) a mechanism that absorbs solar energy and converts | ||||||
16 | it into electricity; or | ||||||
17 | (3) a mechanism or process used for gathering solar | ||||||
18 | energy through wind or thermal gradients; or | ||||||
19 | (4) a component used to transfer thermal energy to a | ||||||
20 | gas, solid, or liquid, or to convert it into electricity. | ||||||
21 | "Solar storage mechanism" means equipment or elements | ||||||
22 | (such as piping and transfer mechanisms, containers, heat | ||||||
23 | exchangers, batteries, or controls thereof, and gases, solids, | ||||||
24 | liquids, or combinations thereof) that are utilized for | ||||||
25 | storing solar energy, gathered by a solar collector, for | ||||||
26 | subsequent use. |
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1 | "Solar energy system" means: | ||||||
2 | (1) a complete assembly, structure, or design of solar | ||||||
3 | collector or a solar storage mechanism that uses solar | ||||||
4 | energy for generating electricity or for heating or | ||||||
5 | cooling gases, solids, liquids, or other materials; and | ||||||
6 | (2) the design, materials, or elements of a system and | ||||||
7 | its maintenance, operation, and labor components, and the | ||||||
8 | necessary components, if any, of supplemental conventional | ||||||
9 | energy systems designed or constructed to interface with a | ||||||
10 | solar energy system.
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11 | (55 ILCS 5/5-46010 new) | ||||||
12 | Sec. 5-46010. Prohibitions. Notwithstanding any provision | ||||||
13 | of this Code or other provision of law, the adoption of any | ||||||
14 | ordinance or resolution, or exercise of any power, by a county | ||||||
15 | which prohibits or has the effect of prohibiting the | ||||||
16 | installation of a solar energy system or low voltage solar | ||||||
17 | powered device is expressly prohibited.
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18 | (55 ILCS 5/5-46015 new) | ||||||
19 | Sec. 5-46015. Home rule. A home rule unit may not regulate | ||||||
20 | the Solar Bill of Rights in a manner more restrictive than the | ||||||
21 | regulation by the State under this Division. This Section is a | ||||||
22 | limitation under subsection (i) of Section 6 of Article VII of | ||||||
23 | the Illinois Constitution on the concurrent exercise by home | ||||||
24 | rule units of powers and functions exercised by the State.
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1 | (55 ILCS 5/5-46020 new) | ||||||
2 | Sec. 5-46020. Costs; attorney's fees. In any litigation | ||||||
3 | arising under this Division or involving the application of | ||||||
4 | this Division, the prevailing party shall be entitled to costs | ||||||
5 | and reasonable attorney's fees.
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6 | Section 10. The Illinois Municipal Code is amended by | ||||||
7 | adding Division 15.5 to Article 11 as follows:
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8 | (65 ILCS 5/ Art. 11 Div. 15.5 heading new) | ||||||
9 | Division 15.5. SOLAR BILL OF RIGHTS | ||||||
10 | (65 ILCS 5/11-15.5-5 new) | ||||||
11 | Sec. 11-15.5-5. Definitions. As used in this Division: | ||||||
12 | "Low voltage solar powered device" means a piece of | ||||||
13 | equipment designed for a particular purpose, including, but | ||||||
14 | not limited to, doorbells, security systems and illumination | ||||||
15 | equipment, powered by a solar collector operating at less than | ||||||
16 | 50 volts and located: | ||||||
17 | (1) entirely within the lot or parcel owned by the | ||||||
18 | property owner; or | ||||||
19 | (2) within a common area without being permanently | ||||||
20 | attached to common property. | ||||||
21 | "Solar energy" means radiant energy received from the sun | ||||||
22 | at wave lengths suitable for heat transfer, photosynthetic |
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1 | use, or photovoltaic use. | ||||||
2 | "Solar collector" means: | ||||||
3 | (1) an assembly, structure, or design, including | ||||||
4 | passive elements, used for gathering, concentrating, or | ||||||
5 | absorbing direct and indirect solar energy, specially | ||||||
6 | designed for holding a substantial amount of useful | ||||||
7 | thermal energy and to transfer that energy to a gas, | ||||||
8 | solid, or liquid or to use that energy directly; or | ||||||
9 | (2) a mechanism that absorbs solar energy and converts | ||||||
10 | it into electricity; or | ||||||
11 | (3) a mechanism or process used for gathering solar | ||||||
12 | energy through wind or thermal gradients; or | ||||||
13 | (4) a component used to transfer thermal energy to a | ||||||
14 | gas, solid, or liquid, or to convert it into electricity. | ||||||
15 | "Solar storage mechanism" means equipment or elements | ||||||
16 | (such as piping and transfer mechanisms, containers, heat | ||||||
17 | exchangers, batteries, or controls thereof, and gases, solids, | ||||||
18 | liquids, or combinations thereof) that are utilized for | ||||||
19 | storing solar energy, gathered by a solar collector, for | ||||||
20 | subsequent use. | ||||||
21 | "Solar energy system" means: | ||||||
22 | (1) a complete assembly, structure, or design of solar | ||||||
23 | collector or a solar storage mechanism that uses solar | ||||||
24 | energy for generating electricity or for heating or | ||||||
25 | cooling gases, solids, liquids, or other materials; and | ||||||
26 | (2) the design, materials, or elements of a system and |
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1 | its maintenance, operation, and labor components, and the | ||||||
2 | necessary components, if any, of supplemental conventional | ||||||
3 | energy systems designed or constructed to interface with a | ||||||
4 | solar energy system.
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5 | (65 ILCS 5/11-15.5-10 new) | ||||||
6 | Sec. 11-15.5-10. Prohibitions. Notwithstanding any | ||||||
7 | provision of this Code or other provision of law, the adoption | ||||||
8 | of any ordinance or resolution, or exercise of any power, by a | ||||||
9 | municipality that prohibits or has the effect of prohibiting | ||||||
10 | the installation of a solar energy system or low voltage solar | ||||||
11 | powered device is expressly prohibited; provided, however, | ||||||
12 | that municipalities that own local electric distribution | ||||||
13 | systems may adopt and implement reasonable policies, not | ||||||
14 | inconsistent with Section 17-900 of the Public Utilities Act, | ||||||
15 | regarding the interconnection and use of solar energy systems.
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16 | (65 ILCS 5/11-15.5-15 new) | ||||||
17 | Sec. 11-15.5-15. Home rule. A home rule unit may not | ||||||
18 | regulate the Solar Bill of Rights in a manner more restrictive | ||||||
19 | than the regulation by the State under this Division. This | ||||||
20 | Section is a limitation under subsection (i) of Section 6 of | ||||||
21 | Article VII of the Illinois Constitution on the concurrent | ||||||
22 | exercise by home rule units of powers and functions exercised | ||||||
23 | by the State.
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1 | (65 ILCS 5/11-15.5-20 new) | ||||||
2 | Sec. 11-15.5-20. Costs; attorney's fees. In any litigation | ||||||
3 | arising under this Division or involving the application of | ||||||
4 | this Division, the prevailing party shall be entitled to costs | ||||||
5 | and reasonable attorney's fees.
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6 | Section 15. The Public Utilities Act is amended by | ||||||
7 | changing Section 17-900 as follows:
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8 | (220 ILCS 5/17-900) | ||||||
9 | Sec. 17-900. Customer self-generation of electricity. | ||||||
10 | (a) The General Assembly finds and declares that municipal | ||||||
11 | systems and electric cooperatives shall continue to be | ||||||
12 | governed by their respective governing bodies, but that such | ||||||
13 | governing bodies should recognize and implement policies to | ||||||
14 | provide the opportunity for their residential and small | ||||||
15 | commercial customers who wish to self-generate electricity and | ||||||
16 | for reasonable credits to customers for excess electricity, | ||||||
17 | balanced against the rights of the other non-self-generating | ||||||
18 | customers. This includes creating consistent, fair policies | ||||||
19 | that are accessible to all customers and transparent, fair | ||||||
20 | processes for raising and addressing any concerns. | ||||||
21 | (b) Customers have the right to install renewable | ||||||
22 | generating facilities to be located on the customer's premises | ||||||
23 | or customer's side of the billing meter and that are intended | ||||||
24 | primarily to offset the customer's own electrical requirements |
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1 | and produce, consume, and store their own renewable energy | ||||||
2 | without discriminatory repercussions from an electric | ||||||
3 | cooperative or municipal system. This includes a customer's | ||||||
4 | rights to: | ||||||
5 | (1) generate, consume, and deliver excess renewable | ||||||
6 | energy to the distribution grid and reduce his or her use | ||||||
7 | of electricity obtained from the grid; | ||||||
8 | (2) use technology to store energy at his or her | ||||||
9 | residence; | ||||||
10 | (3) interconnect his or her electrical system that | ||||||
11 | generates renewable energy, stores energy, or any | ||||||
12 | combination thereof, with the electricity meter on the | ||||||
13 | customer's premises that is provided by an electric | ||||||
14 | cooperative or municipal system: | ||||||
15 | (A) in a timely manner; | ||||||
16 | (B) in accordance with requirements established by | ||||||
17 | the electric cooperative or municipal utility to | ||||||
18 | ensure the safety of utility workers; and | ||||||
19 | (C) after providing written notice to the electric | ||||||
20 | cooperative or municipal utility system providing | ||||||
21 | service in the service territory, installing a | ||||||
22 | nomenclature plate on the electrical meter panel and | ||||||
23 | meeting all applicable State and local safety and | ||||||
24 | electrical code requirements associated with | ||||||
25 | installing a parallel distributed generation system; | ||||||
26 | and |
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1 | (4) receive fair credit for excess energy delivered to | ||||||
2 | the distribution grid. | ||||||
3 | (c) The policies of municipal systems and electric | ||||||
4 | cooperatives regarding self-generation and credits for excess | ||||||
5 | electricity may reasonably differ from those required of other | ||||||
6 | entities by Article XVI of the Public Utilities Act or other | ||||||
7 | Acts. The credits must recognize the value of self-generation | ||||||
8 | to the distribution grid and benefits to other customers. | ||||||
9 | (c-1) The aggregate value of the credit in total shall be | ||||||
10 | at least equal to a kilowatt-hour supply charge for energy | ||||||
11 | calculated at the retail rate of the municipal system or | ||||||
12 | electric cooperative for energy, in cents per kilowatt-hour, | ||||||
13 | applicable to the customer, including any purchased energy | ||||||
14 | adjustment. | ||||||
15 | (c-2) The billing periods for crediting purposes must be | ||||||
16 | monthly. The municipal system or electric cooperative shall: | ||||||
17 | (1) carry over any unused credits earned by the | ||||||
18 | customer and apply those credits to subsequent billing | ||||||
19 | periods to offset usage based electric energy charges on | ||||||
20 | the customer's subsequent bills until all credits are used | ||||||
21 | or until the end of the annual period, which ends each year | ||||||
22 | in March or October as chosen by the customer, at which | ||||||
23 | time the customer shall receive a direct payment for any | ||||||
24 | remaining credit balance; or | ||||||
25 | (2) compensate customers for excess credits each | ||||||
26 | billing period when earned through either direct payment |
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1 | or allowing the credit to offset other charges on the | ||||||
2 | bill, including allowing the bill to go negative. | ||||||
3 | (c-3) The policies of municipal systems and electric | ||||||
4 | cooperatives regarding self-generation shall include the | ||||||
5 | following requirements concerning system sizing and additional | ||||||
6 | insured liability limits: | ||||||
7 | (1) Self-generation is intended primarily to offset a | ||||||
8 | customer's own current or future electrical requirements. | ||||||
9 | The municipal system or electric cooperative shall allow | ||||||
10 | the customer to install renewable generating facilities | ||||||
11 | with system sizing that is based on the alternating | ||||||
12 | current rather than direct current. | ||||||
13 | (2) The municipal system or electric cooperative shall | ||||||
14 | not require residential or small commercial customers to | ||||||
15 | name the municipal utility or electric cooperative as an | ||||||
16 | additional insured on the customer's insurance policies or | ||||||
17 | have any set liability limit requirement for the homeowner | ||||||
18 | or resident in connection with the installation and | ||||||
19 | operation of the renewable generating facilities, provided | ||||||
20 | that the renewable generating facilities meet the safety | ||||||
21 | standards listed in the applicable interconnection | ||||||
22 | agreement and the contractor used to install the | ||||||
23 | facilities is licensed and possesses commercial general | ||||||
24 | liability insurance coverage of at least $1,000,000 per | ||||||
25 | occurrence and $2,000,000 in aggregate per year. | ||||||
26 | (d) By June 1, 2025 Within 180 days after this amendatory |
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1 | Act of the 102nd General Assembly , each electric cooperative | ||||||
2 | and municipal system shall review and update its policies and | ||||||
3 | billing systems for the interconnection and fair crediting of | ||||||
4 | customer self-generation and storage , if necessary, to comply | ||||||
5 | with the standards of subsections (c-1) through (c-2) | ||||||
6 | subsection (b) of this Section. Each electric cooperative and | ||||||
7 | municipal system shall post its updated policies to a | ||||||
8 | public-facing area of its website. | ||||||
9 | (e) An electric cooperative or municipal system customer | ||||||
10 | who produces, consumes, and stores his or her own renewable | ||||||
11 | energy shall not face discriminatory rate design, fees or | ||||||
12 | charges, treatment, or excessive compliance requirements that | ||||||
13 | would unreasonably affect that customer's right to | ||||||
14 | self-generate electricity as provided for in this Section. | ||||||
15 | (f) An electric cooperative or municipal utility system | ||||||
16 | customer shall have a right to appeal any decision related to | ||||||
17 | self-generation and storage that violates these rights to | ||||||
18 | self-generation and non-discrimination pursuant to the | ||||||
19 | provisions of this Section through a complaint under the | ||||||
20 | Administrative Review Law or similar legal process. | ||||||
21 | (Source: P.A. 102-662, eff. 9-15-21.)
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22 | Section 20. The Homeowners' Energy Policy Statement Act is | ||||||
23 | amended by changing Sections 10, 15, 20, and 45 as follows:
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24 | (765 ILCS 165/10) |
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1 | Sec. 10. Definitions. In this Act: | ||||||
2 | "Low voltage solar powered device" means a piece of | ||||||
3 | equipment designed for a particular purpose, including, but | ||||||
4 | not limited to, doorbells, security systems and illumination | ||||||
5 | equipment, powered by a solar collector operating at less than | ||||||
6 | 50 volts and located: | ||||||
7 | (1) entirely within the lot or parcel owned by the | ||||||
8 | property owner; or | ||||||
9 | (2) within a common area without being permanently | ||||||
10 | attached to common property. | ||||||
11 | "Solar energy" means radiant energy received from the sun | ||||||
12 | at wave lengths suitable for heat transfer, photosynthetic | ||||||
13 | use, or photovoltaic use. | ||||||
14 | "Solar collector" means: | ||||||
15 | (1) an assembly, structure, or design, including | ||||||
16 | passive elements, used for gathering, concentrating, or | ||||||
17 | absorbing direct and indirect solar energy, specially | ||||||
18 | designed for holding a substantial amount of useful | ||||||
19 | thermal energy and to transfer that energy to a gas, | ||||||
20 | solid, or liquid or to use that energy directly; or | ||||||
21 | (2) a mechanism that absorbs solar energy and converts | ||||||
22 | it into electricity; or | ||||||
23 | (3) a mechanism or process used for gathering solar | ||||||
24 | energy through wind or thermal gradients; or | ||||||
25 | (4) a component used to transfer thermal energy to a | ||||||
26 | 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 | ||||||
3 | exchangers, batteries, or controls thereof, and gases, solids, | ||||||
4 | liquids, or combinations thereof) that are utilized for | ||||||
5 | storing solar energy, gathered by a solar collector, for | ||||||
6 | subsequent 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. 102-161, eff. 7-26-21.)
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18 | (765 ILCS 165/15) | ||||||
19 | Sec. 15. Associations; prohibitions. Notwithstanding any | ||||||
20 | provision of this Act or other provision of law, the adoption | ||||||
21 | of a bylaw or exercise of any power by the governing entity of | ||||||
22 | a homeowners' association, common interest community | ||||||
23 | association, or condominium unit owners' association which | ||||||
24 | prohibits or has the effect of prohibiting the installation of | ||||||
25 | a solar energy system or low voltage solar powered device is |
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1 | expressly prohibited. | ||||||
2 | (Source: P.A. 96-1436, eff. 1-1-11.)
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3 | (765 ILCS 165/20) | ||||||
4 | Sec. 20. Deed restrictions; covenants. | ||||||
5 | (a) No deed restrictions, covenants, or similar binding | ||||||
6 | agreements running with the land shall prohibit or have the | ||||||
7 | effect of prohibiting a solar energy system or low voltage | ||||||
8 | solar powered device from being installed on a lot or parcel or | ||||||
9 | on a building erected on a lot or parcel covered by the deed | ||||||
10 | restrictions, covenants, or binding agreements, if the | ||||||
11 | building is subject to a homeowners' association, common | ||||||
12 | interest community association, or condominium unit owners' | ||||||
13 | association. A property owner may not be denied permission to | ||||||
14 | install a low voltage solar powered device or solar energy | ||||||
15 | system, or be required to utilize specific technology, | ||||||
16 | including, but not limited to, solar shingles rather than | ||||||
17 | traditional solar panels, by any entity granted the power or | ||||||
18 | right in any deed restriction, covenant, or similar binding | ||||||
19 | agreement to approve, forbid, control, or direct alteration of | ||||||
20 | property. However, for purposes of this Act, the entity may | ||||||
21 | determine the specific configuration of the elements of a | ||||||
22 | solar energy system on a given lot or parcel or roof face, | ||||||
23 | provided that it may not prohibit elements of the system from | ||||||
24 | being installed on any roof face and that any such | ||||||
25 | determination may not reduce the production of the solar |
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1 | energy system by more than 10%. For the purposes of this | ||||||
2 | Section, "production" means the estimated annual electrical | ||||||
3 | production of the solar energy system. | ||||||
4 | (b) Within 90 days after a homeowners' association, common | ||||||
5 | interest community association, or condominium unit owners' | ||||||
6 | association receives a request for a policy statement or an | ||||||
7 | application from an association member, the association shall | ||||||
8 | adopt a written energy policy statement. Any energy policy | ||||||
9 | statement, regardless of when adopted, shall explicitly | ||||||
10 | include as the minimum standards the terms of this Section but | ||||||
11 | may also include standards regarding: (i) the location, | ||||||
12 | design, and architectural requirements of solar energy | ||||||
13 | systems; and (ii) whether a wind energy collection, rain water | ||||||
14 | collection, or composting system is allowed, and, if so, the | ||||||
15 | location, design, and architectural requirements of those | ||||||
16 | systems. A written energy policy statement may not condition | ||||||
17 | approval of an application on approval by adjacent property | ||||||
18 | owners. An association may not inquire into a property owner's | ||||||
19 | energy usage, impose conditions impairing the operation of a | ||||||
20 | solar energy system, impose conditions negatively impacting | ||||||
21 | any component industry standard warranty, or require | ||||||
22 | post-installation reporting. Nor may a property owner be | ||||||
23 | denied permission to install a solar energy system based on | ||||||
24 | system ownership or financing method chosen by the property | ||||||
25 | owner. Notwithstanding the foregoing, an association's written | ||||||
26 | energy policy statement may impose reasonable conditions |
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1 | concerning the maintenance, repair, replacement, and ultimate | ||||||
2 | removal of damaged or inoperable systems so long as such | ||||||
3 | conditions are not more onerous than the association's | ||||||
4 | analogous conditions for nonsolar projects. An association | ||||||
5 | shall disclose, upon request, its written energy policy | ||||||
6 | statement and shall include the statement in its homeowners' | ||||||
7 | common interest community, or condominium unit owners' | ||||||
8 | association declaration. | ||||||
9 | (c) Any provision of a homeowners' common interest | ||||||
10 | community or condominium unit owners' declaration or energy | ||||||
11 | policy statement that conflicts with this Act shall be void | ||||||
12 | and unenforceable as contrary to public policy. | ||||||
13 | (Source: P.A. 102-161, eff. 7-26-21; 103-296, eff. 7-28-23.)
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14 | (765 ILCS 165/45) | ||||||
15 | Sec. 45. Inapplicability ; applicability . | ||||||
16 | (a) This Act shall not apply to any building that: | ||||||
17 | (1) is greater than 60 feet in height; or | ||||||
18 | (2) has a shared roof and is subject to a homeowners' | ||||||
19 | association, common interest community association, | ||||||
20 | condominium unit owners' association. | ||||||
21 | (b) Notwithstanding subsection (a) of this Section, this | ||||||
22 | Act shall apply to any building with a shared roof: | ||||||
23 | (1) where the solar energy system is located entirely | ||||||
24 | within that portion of the shared roof owned and | ||||||
25 | maintained by the property owner; |
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