Bill Text: IL HB3322 | 2025-2026 | 104th General Assembly | Introduced

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Bill Title: Amends the Counties Code and the Illinois Municipal Code to prohibit a county or municipality from adopting any ordinance or resolution that prohibits or has the effect of prohibiting the installation of a solar energy system or low voltage solar powered device. Provides that, in any litigation arising under the Act or involving the application of the Act, the prevailing party shall be entitled to costs and reasonable attorney's fees. Exempts from the Act 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, or condominium unit owners' association. Provides that the provisions of the amendatory Act may apply to a shared roof if: (1) the solar energy system is located entirely within that portion of the shared roof owned and maintained by the property owner and (2) all property owners sharing the shared roof are in agreement to install a solar energy system. Amends the Homeowners' Energy Policy Statement Act to make the same changes. Amends the Public Utilities Act. Provides that residential and small commercial customers of an electric cooperative and municipal utility system have the right to interconnect renewable energy systems sized up to and including 25 kW AC. Provides that the policies of municipal utility systems and electrical cooperatives regarding self-generation and credits for excess electricity shall be consistent with specified standards. Requires each electric cooperative and municipal utility system to update its policies to comply with the standards within days after the amendatory Act. Limits the concurrent exercise of home rule powers. Effective immediately.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2025-02-06 - Filed with the Clerk by Rep. Daniel Didech [HB3322 Detail]

Download: Illinois-2025-HB3322-Introduced.html

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104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB3322 Introduced , by Rep. Daniel Didech SYNOPSIS AS INTRODUCED:
See Index
Amends the Counties Code and the Illinois Municipal Code to prohibit a county or municipality from adopting any ordinance or resolution that prohibits or has the effect of prohibiting the installation of a solar energy system or low voltage solar powered device. Provides that, in any litigation arising under the Act or involving the application of the Act, the prevailing party shall be entitled to costs and reasonable attorney's fees. Exempts from the Act 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, or condominium unit owners' association. Provides that the provisions of the amendatory Act may apply to a shared roof if: (1) the solar energy system is located entirely within that portion of the shared roof owned and maintained by the property owner and (2) all property owners sharing the shared roof are in agreement to install a solar energy system. Amends the Homeowners' Energy Policy Statement Act to make the same changes. Amends the Public Utilities Act. Provides that residential and small commercial customers of an electric cooperative and municipal utility system have the right to interconnect renewable energy systems sized up to and including 25 kW AC. Provides that the policies of municipal utility systems and electrical cooperatives regarding self-generation and credits for excess electricity shall be consistent with specified standards. Requires each electric cooperative and municipal utility system to update its policies to comply with the standards within days after the amendatory Act. Limits the concurrent exercise of home rule powers. Effective immediately.
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A BILL FOR
HB3322 LRB104 09999 RTM 20069 b
AN ACT concerning local government.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Counties Code is amended by adding Division
5-46 as follows:
(55 ILCS 5/Div. 5-46 heading new)
Division 5-46. Solar Bill of Rights
(55 ILCS 5/5-46005 new)
Sec. 5-46005. Definitions. As used in this Division:
"Low voltage solar powered device" means a piece of
equipment designed for a particular purpose, including, but
not limited to, doorbells, security systems and illumination
equipment, powered by a solar collector operating at less than
50 volts and located:
(1) entirely within the lot or parcel owned by the
property owner; or
(2) within a common area without being permanently
attached to common property.
"Solar energy" means radiant energy received from the sun
at wave lengths suitable for heat transfer, photosynthetic
use, or photovoltaic use.
"Solar collector" means:

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(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 that 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

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energy systems designed or constructed to interface with a
solar energy system.
(55 ILCS 5/5-46010 new)
Sec. 5-46010. Prohibitions. Notwithstanding any provision
of this Code or other provision of law, the adoption of any
ordinance or resolution, or exercise of any power, by a county
which prohibits or has the effect of prohibiting the
installation of a solar energy system or low voltage solar
powered device is expressly prohibited.
(55 ILCS 5/5-46015 new)
Sec. 5-46015. Home rule. A home rule unit may not regulate
the Solar Bill of Rights in a manner more restrictive than the
regulation by the State under this Division. 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.
(55 ILCS 5/5-46020 new)
Sec. 5-46020. Costs; attorney's fees. In any litigation
arising under this Division or involving the application of
this Division, the prevailing party shall be entitled to costs
and reasonable attorney's fees.
(55 ILCS 5/5-46025 new)

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Sec. 5-46025. Inapplicability; applicability.
(a) This Division 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, or
condominium unit owners' association.
(b) Notwithstanding subsection (a) of this Section, this
Division shall apply to any building with a shared roof:
(1) where the solar energy system is located entirely
within that portion of the shared roof owned and
maintained by the property owner;
(2) where all property owners sharing the shared roof
are in agreement to install a solar energy system; or
(3) to the extent this Division applies to low voltage
solar powered devices.
(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.
Section 10. The Illinois Municipal Code is amended by
adding Division 15.5 to Article 11 as follows:
(65 ILCS 5/ Art. 11 Div. 15.5 heading new)
Division 15.5. SOLAR BILL OF RIGHTS

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(65 ILCS 5/11-15.5-5 new)
Sec. 11-15.5-5. Definitions. As used in this Division:
"Low voltage solar powered device" means a piece of
equipment designed for a particular purpose, including, but
not limited to, doorbells, security systems and illumination
equipment, powered by a solar collector operating at less than
50 volts and located:
(1) entirely within the lot or parcel owned by the
property owner; or
(2) within a common area without being permanently
attached to common property.
"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

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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 that 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.
(65 ILCS 5/11-15.5-10 new)
Sec. 11-15.5-10. Prohibitions. Notwithstanding any
provision of this Code or other provision of law, the adoption
of any ordinance or resolution, or exercise of any power, by a
municipality that prohibits or has the effect of prohibiting
the installation of a solar energy system or low voltage solar
powered device is expressly prohibited; provided, however,
municipalities that own local electric distribution systems

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may adopt reasonable policies, consistent with Section 17-900
of the Public Utilities Act, regarding the interconnection and
use of solar energy systems.
(65 ILCS 5/11-15.5-15 new)
Sec. 11-15.5-15. Home rule. A home rule unit may not
regulate the Solar Bill of Rights in a manner more restrictive
than the regulation by the State under this Division. 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.
(65 ILCS 5/11-15.5-20 new)
Sec. 11-15.5-20. Costs; attorney's fees. In any litigation
arising under this Division or involving the application of
this Division, the prevailing party shall be entitled to costs
and reasonable attorney's fees.
(65 ILCS 5/11-15.5-25 new)
Sec. 11-15.5-25. Inapplicability; applicability.
(a) This Division 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, or
condominium unit owners' association.

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(b) Notwithstanding subsection (a) of this Section, this
Division shall apply to any building with a shared roof:
(1) where the solar energy system is located entirely
within that portion of the shared roof owned and
maintained by the property owner;
(2) where all property owners sharing the shared roof
are in agreement to install a solar energy system; or
(3) to the extent this Division applies to low voltage
solar powered devices.
(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.
Section 15. The Public Utilities Act is amended by
changing Section 17-900 as follows:
(220 ILCS 5/17-900)
Sec. 17-900. Customer self-generation of electricity.
(a) The General Assembly finds and declares that municipal
utility systems and electric cooperatives shall continue to be
governed by their respective governing bodies, but that such
governing bodies should recognize and implement policies to
provide the opportunity for their residential and small
commercial customers who wish to self-generate electricity and
for reasonable credits to customers for excess electricity,

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balanced against the rights of the other non-self-generating
customers. This includes creating consistent, fair policies
that are accessible to all customers and transparent, fair
processes for raising and addressing any concerns.
(b) Customers have the right to install renewable
generating facilities to be located on the customer's premises
or customer's side of the billing meter and that are intended
primarily to offset the customer's own electrical requirements
and produce, consume, and store their own renewable energy
without discriminatory repercussions from an electric
cooperative or municipal utility system. This includes a
customer's rights to:
(1) generate, consume, and deliver excess renewable
energy to the distribution grid and reduce his or her use
of electricity obtained from the grid;
(2) use technology to store energy at his or her
residence;
(3) interconnect his or her electrical system that
generates renewable energy, stores energy, or any
combination thereof, with the electricity meter on the
customer's premises that is provided by an electric
cooperative or municipal utility system:
(A) in a timely manner;
(B) in accordance with requirements established by
the electric cooperative or municipal utility system
to ensure the safety of utility workers; and

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(C) after providing written notice to the electric
cooperative or municipal utility system providing
service in the service territory, installing a
nomenclature plate on the electrical meter panel and
meeting all applicable State and local safety and
electrical code requirements associated with
installing a parallel distributed generation system;
and
(4) receive fair credit for excess energy delivered to
the distribution grid; and
(5) for residential and small commercial customers,
interconnect renewable energy systems sized up to and
including 25 kW AC.
(c) The policies of municipal systems and electric
cooperatives regarding self-generation and credits for excess
electricity may reasonably differ from those required of other
entities by Article XVI of the Public Utilities Act or other
Acts. The credits must recognize the value of self-generation
to the distribution grid and benefits to other customers.
(c-5) The policies of municipal utility systems and
electrical cooperatives regarding self-generation and credits
for excess electricity shall be consistent with following:
(1) The credit for excess energy delivered to the
distribution grid shall be at least equal to the average
price to compare for the relevant regional transmission
organization area reflecting the electric supply charge

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and transmission service charge published by the Illinois
Commerce Commission for the most recent 12 months ending
March 31 to be effective for the 12 months beginning June
1.
(2) The billing periods for crediting purposes must be
monthly. The municipal utility system or electric
cooperative shall carry over any unused credits earned by
the customer and apply those credits to subsequent billing
periods to offset usage-based energy and delivery charges
on the customer's subsequent bills until the end of the
annual period. The annual period shall end each year in
March.
(3) Renewable generating facilities shall be sized
based on the alternating current rather than direct
current.
(4) Customers shall not be required to name the
municipal utility system or electric cooperative as an
additional insured on the customer's insurance policies or
have any minimum liability limit requirement in connection
with the installation and operation of the renewable
generating facilities, provided that the renewable
generating facilities meet the safety standards listed in
the applicable interconnection agreement and the
contractor utilized to install the facilities is licensed
and possesses commercial general liability insurance
coverage of at least $1,000,000 per occurrence and

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$2,000,000 in aggregate per year.
(5) Customers may install renewable generating
facilities under a lease or power purchase agreement.
(6) For renewable generating facilities energized on
or after September 15, 2021, customers shall not be
adversely affected by changes to tariff terms and
conditions specific to renewable generating facilities or
the operation thereof for a period of 25 years from the
energization date. For renewable generating facilities
energized after September 15, 2021 but before the
effective date of this amendment, each municipal utility
system or electric cooperative has the discretion to
credit customers for diminished value for excess energy
delivered to the distribution grid prior to this
amendment.
(7) For renewable generating facilities 25 kW AC or
less, a municipal utility system or electric cooperative
may charge an interconnection application fee of up to
$500 for application review, a new meter, site inspection,
or interconnection study.
(8) For renewable generating facilities 25 kW AC or
less, if an interconnection study indicates that new
utility facilities are necessary to accommodate
interconnection, then a municipal utility system or
electric cooperative shall charge the customer the lesser
of $500 or the actual cost for any new utility facilities.

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(9) Within 15 business days of receiving a complete
application to interconnect a renewable generating
facility 25 kW AC or less, the municipal utility system or
electric cooperative shall approve or deny the
application. An applicant may agree to a reasonable
extension if requested in writing by the municipal utility
system or electric cooperative. Any request for extension
must specify the reason for the requested extension and
inform the applicant of the 15 business day limit provided
for under this paragraph (9). Any denial of the
application must be in writing and clearly specify all
reasons for denial.
(d) Within 180 days after this amendatory Act of the 102nd
General Assembly, each electric cooperative and municipal
utility system shall update its policies for the
interconnection and fair crediting of customer self-generation
and storage if necessary, to comply with the standards of
subsection (b) of this Section. Within 180 days after this
amendatory Act of the 104th General Assembly, each electric
cooperative and municipal utility system shall update its
policies to comply with the standards of subsection (c-5) of
this Section. Each electric cooperative and municipal utility
system shall post its updated policies to a public-facing area
of its website.
(e) An electric cooperative or municipal utility system
customer who produces, consumes, and stores his or her own

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renewable energy shall not face discriminatory rate design,
fees or charges, treatment, or excessive compliance
requirements that would unreasonably affect that customer's
right to self-generate electricity as provided for in this
Section.
(f) An electric cooperative or municipal utility system
customer shall have a right to appeal any decision related to
self-generation and storage that violates these rights to
self-generation and non-discrimination pursuant to the
provisions of this Section through a complaint under the
Administrative Review Law or similar legal process.
(Source: P.A. 102-662, eff. 9-15-21.)
Section 20. The Homeowners' Energy Policy Statement Act is
amended by changing Sections 10, 15, 20, and 45 as follows:
(765 ILCS 165/10)
Sec. 10. Definitions. In this Act:
"Low voltage solar powered device" means a piece of
equipment designed for a particular purpose, including, but
not limited to, doorbells, security systems and illumination
equipment, powered by a solar collector operating at less than
50 volts and located:
(1) entirely within the lot or parcel owned by the
property owner; or
(2) within a common area without being permanently

HB3322 - 15 - LRB104 09999 RTM 20069 b
attached to common property.
"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

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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.
(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 or low voltage solar powered device is
expressly prohibited.
(Source: P.A. 96-1436, eff. 1-1-11.)
(765 ILCS 165/20)
Sec. 20. Deed restrictions; covenants.
(a) No deed restrictions, covenants, or similar binding
agreements running with the land shall prohibit or have the
effect of prohibiting a solar energy system or low voltage
solar powered device from being installed on a lot or parcel or

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on a building erected on a lot or parcel covered by the deed
restrictions, covenants, or binding agreements, if the
building is subject to a homeowners' association, common
interest community association, or condominium unit owners'
association. A property owner may not be denied permission to
install a low voltage solar powered device or solar energy
system, or be required to utilize specific technology,
including, but not limited to, solar shingles rather than
traditional solar panels, by any entity granted the power or
right in any deed restriction, covenant, or similar binding
agreement to approve, forbid, control, or direct alteration of
property. However, for purposes of this Act, the entity may
determine the specific configuration of the elements of a
solar energy system on a given lot or parcel or roof face,
provided that it may not prohibit elements of the system from
being installed on any roof face and that any such
determination may not reduce the production of the solar
energy system by more than 10%. For the purposes of this
Section, "production" means the estimated annual electrical
production of the solar energy system.
(b) Within 90 days after a homeowners' association, common
interest community association, or condominium unit owners'
association receives a request for a policy statement or an
application from an association member, the association shall
adopt a written energy policy statement. Any energy policy
statement, regardless of when adopted, shall explicitly

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include as the minimum standards the terms of this Section but
may also include standards regarding: (i) the location,
design, and architectural requirements of solar energy
systems; and (ii) whether a wind energy collection, rain water
collection, or composting system is allowed, and, if so, the
location, design, and architectural requirements of those
systems. A written energy policy statement may not condition
approval of an application on approval by adjacent property
owners. An association may not inquire into a property owner's
energy usage, impose conditions impairing the operation of a
solar energy system, impose conditions negatively impacting
any component industry standard warranty, or require
post-installation reporting. Nor may a property owner be
denied permission to install a solar energy system based on
system ownership or financing method chosen by the property
owner. Notwithstanding the foregoing, an association's written
energy policy statement may impose reasonable conditions
concerning the maintenance, repair, replacement, and ultimate
removal of damaged or inoperable systems so long as such
conditions are not more onerous than the association's
analogous conditions for nonsolar projects. An association
shall disclose, upon request, its written energy policy
statement and shall include the statement in its homeowners'
common interest community, or condominium unit owners'
association declaration.
(c) Any provision of a homeowners' common interest

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community or condominium unit owners' declaration or energy
policy statement that conflicts with this Act shall be void
and unenforceable as contrary to public policy.
(Source: P.A. 102-161, eff. 7-26-21; 103-296, eff. 7-28-23.)
(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 subsection (a) of this Section, this
Act shall apply to any building with a shared roof:
(1) where the solar energy system is located entirely
within that portion of the shared roof owned and
maintained by the property owner;
(2) where all property owners sharing the shared roof
are in agreement to install a solar energy system; or
(3) to the extent this Act applies to low voltage
solar powered devices.
(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.)

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Section 99. Effective date. This Act takes effect upon
becoming law.
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INDEX
Statutes amended in order of appearance