HB5176 103RD GENERAL ASSEMBLY

LRB103 38338 JRC 68473 b

103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB5176

Introduced 2/9/2024, by Rep. Daniel Didech

SYNOPSIS AS INTRODUCED:

New Act

Creates the Solar-Ready Buildings Act. Requires all building permits issued 90 days after the effective date of this Act in a new, large multifamily residential building or a large multifamily residential building being renovated by a developer converting the property to an association to be built to accommodate the installation of a solar energy system on the roof. Requires all building permits issued 24 months after the effective date of this Act to accommodate the installation of a solar energy system on their roofs in new construction single-family residence or small multifamily residence that qualifies as an affordable housing development under the same project ownership and is located on a campus to be built to accommodate the installation of a solar energy system on their roofs. Requires that unless provided otherwise in this Act, all new residential and commercial buildings shall be built to accommodate the installation of an on-site solar energy system with preference for rooftop solar energy systems. Authorities shall develop and adopt amendments to their respective building codes within one year from the effective date of this Act to establish this requirement. Makes specific requirements for a solar energy system to produce electricity. Makes exemptions for developers in certain situations. Any person who fails to comply with or otherwise violates this Act is liable for a civil administrative penalty not to exceed $10,000 for each violation, or twice the estimated additional cost that would have been incurred by constructing a building to meet the requirements of this Act, whichever is greater. Applies to new buildings constructed after the effective date of this Act.

A BILL FOR

AN ACT concerning energy.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 1. Short title. This Act may be cited as the Solar-Ready Buildings Act.

Section 5. Legislative intent. Solar energy is an important tool to enable consumers to reduce their energy costs, fight the climate crisis, tackle air pollution, and provide safe energy while facilitating energy production where it is consumed, thereby lessening the burden on aging electric transmission lines and reducing energy loss over long distances. The State should encourage urgent and widespread adoption of solar energy.

Section 10. Definitions. As used in this Act:

"Affordable housing development" means (i) any housing that is subsidized by the federal or State government or (ii) any housing in which at least 20% of the dwelling units are subject to covenants or restrictions that require that the dwelling units to be sold or rented at prices that preserve them as affordable housing for a period of at least 10 years.

"Association" has the meaning as used in the Condominium Property Act or the Common Interest Community Association Act, as applicable.

"Authorities" means the office in a unit of local government or county government that is responsible for allowing, regulating, enforcing, and updating building codes.

"Developer" means any person or company that constructs residential or commercial buildings.

"Effective solar area" means the portion of a building roof on which the output of a solar energy system, taking into account shading from existing permanent natural or man-made barriers external to the building (including, but not limited to, trees, hills, and adjacent structures), would be equivalent to 70% or greater of the output of an unshaded solar energy system on an annual basis.

"Large commercial building" means a commercial building with 10,000 or more square feet of gross floor area.

"Large multifamily residence" means a single residential building that accommodates 5 families or more. "New" means newly constructed.

"New building" means any newly constructed residential or commercial building that requires a building permit to proceed.

"Single-family residence" means a detached single-family residence on a single lot.

"Small multifamily residence" means a single residential building that accommodates 2 to 4 families.

"Solar energy system" means any solar photovoltaic system that is installed on-site and uses solar energy to provide all or a portion of the electrical needs of a residential or commercial building.

"Solar hot water heater" means any system that uses solar energy to heat water for use in a residential or commercial building.

"Substitute renewable energy system" means a renewable energy generating source that is not a solar photovoltaic system, is installed on-site, and provides all or a portion of the electrical needs of a residential or commercial building.

Section 15. Building permit requirements for a solar energy system.

(a) Beginning 90 days after the effective date of this Act, all building permits issued shall require a new, large multifamily residential building or a large multifamily residential building being renovated by a developer converting the property to an association to be built to accommodate the installation of a solar energy system on the roof.

(b) Beginning 24 months after the effective date of this Act, all building permits issued shall require a new construction single-family residence or small multifamily residence that qualifies as an affordable housing development under the same project ownership and is located on a campus to be built to accommodate the installation of a solar energy system on the roof.

Section 20. Solar energy system requirements.

(a) Certain categories of new buildings, as specified in this Section, shall be required to have a solar energy system. The authorities shall develop and adopt amendments to their respective building codes within one year from the effective date of this Act, in consultation with the corresponding building regulations and standards, to establish this requirement.

(b) Single-family residences shall have a solar energy system producing sufficient electricity on an annual basis to meet at least 80% of the estimated average annual electricity use of buildings of a similar size.

(c) Multifamily residences and large commercial buildings up to 10 stories in height shall have a solar energy system of a minimum generating capacity established by the Illinois Environmental Protection Agency, which may be based on the size of the roof, building type and occupancy, estimated average annual electricity use of similar buildings, or other factors.

(d) The Agency may require other categories of new buildings to have a solar energy system and set requirements for the minimum generating capacity of the solar energy system.

(e) Authorities may reduce the required minimum generating capacity of solar energy systems for single-family residences by up to 25% if installed in conjunction with a battery storage system with a minimum capacity of 7.5 kilowatt-hours per dwelling unit.

(f) The Agency shall estimate the average annual electricity use for the categories of buildings described in this Section and revise its determination at least every 3 years taking into account changes in electricity use because of energy-efficiency improvements, electric vehicle charging, electric heating and cooling technologies, building electrification, and other factors.

Section 25. Exemptions.

(a) Developers may seek an exemption from authorities from the requirements of Sections 15 and 20 of this Act upon a sufficient showing that the effective solar area is less than 80 contiguous square feet. Developers may seek a reduction in the required generating capacity of a solar energy system upon a sufficient showing that the effective solar area is 80 contiguous square feet or greater, but is insufficient to allow for the installation of a solar energy system meeting the minimum requirements established by the Agency.

(b) Developers may seek an exemption from authorities from the requirements of Sections 15 and 20 of this Act upon a sufficient showing that a substitute renewable energy system will be installed at the time of construction, generating an equal or greater amount of electricity on an annual basis as the minimum required solar installation under Section 20 of this Act. Developers may seek a reduction in the required generating capacity of a solar energy system upon a sufficient showing that a substitute renewable energy system will be installed at the time of construction, generating sufficient electricity on an annual basis to offset the reduction in electricity produced by the solar energy system.

(c) Developers may seek an exemption from the inspector of buildings or building commissioner from the requirements of Sections 15 and 20 of this Act, or a reduction in the required generating capacity of a solar energy system, upon a sufficient showing that a solar hot water heater will be installed at the time of construction. Such exemption or reduction shall only be granted to the extent that the installation of a solar hot water heater reduces the portion of the effective solar area available for a solar energy system.

(d) The Agency may allow exemptions from the requirements of this Act for affordable housing developments after consulting with affordable housing developers and operators, community development corporations, organizations that represent affordable housing residents, and other stakeholders.

(e) The authorities shall promulgate regulations within one year of the effective date of this Act that clearly define the process for seeking an exemption.

(f) The provisions of a building code adopted under this Act shall allow for the installation of a green roof in conjunction with a rooftop solar energy system.

Section 30. Future building codes.

(a) All future editions and amended versions of the building codes across the State, as adopted by the authorities shall include provisions meeting the requirements of Sections 15, 20, and 25 of this Act.

(b) The authorities, with the consent of the Agency, may from time to time revise the regulations promulgated under Sections 15, 20, and 25 of this Act, in accordance with changes in technology and building practices.

Section 35. Eligibility for other energy incentives. Compliance with the provisions of this Act shall not impair a building's eligibility for any incentives, rebates, credits, or other programs to encourage development of renewable energy sources.

Section 40. Compliance with this Act. A building permit for a new building may not be granted without showing that the building will comply with the requirements of this Act.

Section 45. Violations. Any person who fails to comply with or otherwise violates this Act is liable for a civil administrative penalty not to exceed $10,000 for each violation, or twice the estimated additional cost that would have been incurred by constructing a building to meet the requirements of this Act, whichever is greater.

Section 50. Applicability. This Act applies to new buildings constructed after the effective date of this Act.