HB3265 104TH GENERAL ASSEMBLY

LRB104 10241 JRC 20315 b

104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
HB3265

Introduced 2/18/2025, by Rep. Marcus C. Evans, Jr.

SYNOPSIS AS INTRODUCED:

New Act

Creates the Residential Automated Solar Permitting Platform Act. Provides that on or before July 1, 2026, municipalities with a population of more than 5,000 residents and all counties must adopt a residential automated solar permitting platform. Requires the public reporting of information about such a platform on the official website of the municipality and county. Provides that a person or entity aggrieved by a violation of the Act or any rule adopted under the Act may file a civil action in the county in which the alleged offense occurred or where any person who is party to the action resides, without regard to exhaustion of any alternative administrative remedies provided in the Act. Provides that a person or entity whose rights have been violated under the Act by a municipality or county is entitled to collect: (i) up to 50% of the total cost of the residential photovoltaic system installation for which the permit is requested; (ii) in the case of unlawful retaliation, all legal or equitable relief as may be appropriate; and (iii) attorney's fees and costs. Creates a statute of limitations for a civil action 3 years from the date that a person or entity requested a permit for a residential photovoltaic system.

A BILL FOR

AN ACT concerning civil law.

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 Residential Automated Solar Permitting Platform Act.

Section 5. Definitions. As used in this Act:

"Baseline residential code" means an edition of the International Residential Code for One- and Two-Family Dwellings first published by the International Code Council during the current year or preceding 9 calendar years excluding Parts IV and VII.

"Residential automated solar permitting platform" means software or a combination of software that automates plan review, automatically produces code-compliant approvals, accepts online payments for permitting fees if permitting fees are levied, and instantly issues permits and permit revisions for residential photovoltaic systems upon online submission of permitting fee payments, if permitting fees are levied, and a code-compliant application. The residential automated solar permitting platform shall be available for residential photovoltaic systems up to the maximum capacity allowed with a 200-amp main service disconnect and installed to the requirements of the baseline residential code that may include an energy storage system up to the maximum capacity allowed under the baseline residential code, a main panel upgrade, or a main breaker derate.

Section 10. Adoption of platform. On or before July 1, 2026, municipalities with a population of more than 5,000 residents and all counties shall adopt a residential automated solar permitting platform. The municipality or county shall anticipate that the residential automated solar permitting platform will have the capability to process at least 75% of residential solar applications on existing construction submitted to authorities having jurisdiction in the State.

For a solar photovoltaic system approved by such a platform under this Section, municipalities and counties may not require manual review at any time during the permitting and inspection processes, including, but not limited to, before issuing a permit or before conducting or finalizing the inspection. This does not preclude an inspector from examining construction documents.

Section 15. Reporting.

(a) On or before July 1, 2026, municipalities with a population of more than 5,000 residents and all counties shall include on their websites the availability of a residential automated solar permitting platform and how to access it.

(b) Municipalities and counties shall publish compliance reports to their official website when the municipality or county is in compliance with Section 10. The reports shall be published within 60 days of the municipality or county becoming compliant with Section 10. The reports shall include the following:

(1) the date of compliance;

(2) the software used for compliance;

(3) confirmation that the municipality or county is:

(A) using a residential automated solar permitting platform to issue permits instantly and issue permit revisions instantly for residential solar photovoltaic systems; and

(B) not requiring manual review at any time during the permitting and inspection processes, including, but not limited to, before issuing a permit or before conducting or finalizing the inspection for solar photovoltaic systems approved by the residential automated solar permitting platform; and

(4) an explanation as to why the municipality or county anticipates the residential automated solar permitting platform has the capability to process at least 75% of the residential solar photovoltaic permit applications on existing construction submitted to municipalities and counties in the State. Municipalities and counties may provide explanations that are based on, but are not necessarily limited to, statements from the provider of the residential automated solar permitting platform.

(c) Municipalities and counties of more than 5,000 residents and all counties shall publish annual reports on their website on the usage of the residential automated solar permitting platform. A municipality and county shall publish the report annually by April 1st each year, covering the previous calendar year, starting on April 1, 2027. This annual reporting requirement shall become inoperative on April 2, 2036. The reports shall include the following:

(1) the number of permits issued through the residential automated solar permitting platform and relevant characteristics of those systems;

(2) the number of residential photovoltaic solar permits issued by means other than the residential automated solar permitting platform and relevant characteristics of those systems;

(3) the software used for compliance; and

(4) confirmation that the municipality or county is:

(A) using a residential automated solar permitting platform to issue permits instantly and issue permit revisions instantly for residential solar photovoltaic systems;

(B) not requiring manual review at any time during the permitting and inspection processes, including, but not limited to, before issuing a permit or before conducting or finalizing the inspection for permits and permit revisions issued by the residential automated solar permitting platform; and

(C) plan to increase usage of the residential automated solar permitting platform if fewer than 75% of residential solar photovoltaic permits are issued through the automated permitting platform on existing construction.

Section 20. Remedies.

(a) A person or entity aggrieved by a violation of this Act or any rule adopted under this Act by a municipality or county may file a civil action in the county in which the alleged offense occurred or where any person who is party to the action resides, without regard to exhaustion of any alternative administrative remedies provided in this Act. Actions may be brought by one or more persons or entities for and on behalf of themselves and other persons similarly situated. A person or entity whose rights have been violated under this Act by a municipality or county is entitled to collect:

(1) up to 50% of the total cost of the residential photovoltaic system installation for which the permit is requested;

(2) in the case of unlawful retaliation, all legal or equitable relief as may be appropriate; and

(3) attorney's fees and costs.

(b) The right of an interested party or aggrieved person to bring an action under this Act terminates after 3 years from the date that a person or entity requested a permit for a residential photovoltaic system. This limitation period is tolled if a municipality or county has deterred a person's exercise of rights under this Act.

Section 25. Local ordinances. Beginning July 1, 2026, any municipal building code or county building code must regulate photovoltaic systems and stationary storage battery systems in one-family and 2-family dwellings in a manner that is at least as stringent as the baseline residential code.

Section 30. Remote inspections. On or before July 1 2026, municipalities with a population of more than 5,000 residents and all counties shall provide an option for remote inspections via recorded video or photo that can be submitted electronically for projects permitted by the residential automated solar permitting platform. These inspections shall be offered at no greater cost and shall be available with no greater delay than in-person inspections.

(1) A municipality or county shall require no more than one inspection for projects permitted by the automated solar permitting software unless the first inspection failed.

(2) A municipality or county that does not require a permit for residential photovoltaic solar and storage systems is exempt from the requirements in this section.