Bill Text: IL HB5315 | 2023-2024 | 103rd 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. A "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. A "solar energy system" means: (1) a solar storage mechanism that uses solar energy for generating electricity or for heating or cooling gases, solids, liquids, or other materials; and (2) a supplemental conventional energy system designed or constructed to interface with a solar energy system. Provides that in any litigation arising under this Act or involving the application of this Act, the prevailing party shall be entitled to costs and reasonable attorney's fees. Exempts 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 it 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) if 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 to provide that municipal utility systems and rural electric cooperatives must have a shared policy governing self-generation of renewable energy. A shared policy must be developed by the Illinois Municipal Electric Agency, the Illinois Municipal Utilities Association, and the Association of Illinois Electric Cooperatives and reviewed for compliance with this Section by the Illinois Commerce Commission. The initial shared policy must be drafted and received by the Illinois Commerce Commission within 90 days after the effective date of the amendatory Act. Provides what must be in the shared policy. Provides for civil penalties if a municipal electric utility system or electric cooperative violates or fails to comply with any provision of this Act or any order by the Illinois Commerce Commission issued under this Act. Limits the concurrent exercise of home rule powers.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced) 2024-04-19 - House Floor Amendment No. 2 Rule 19(c) / Re-referred to Rules Committee [HB5315 Detail]

Download: Illinois-2023-HB5315-Introduced.html

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103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB5315 Introduced , 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.
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A BILL FOR
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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.

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"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

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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.

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