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Full Text of SB3268
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SB3268 - 104th General Assembly
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104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
SB3268
Introduced 2/3/2026, by Sen. Laura Ellman
SYNOPSIS AS INTRODUCED:
New Act
Creates the Residential Automated Solar Permitting Platform Act. On
or before July 1, 2027, municipalities and counties with a population of
more than 10,000 residents must adopt a residential automated solar
permitting platform. Requires that the municipality or county 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. "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. Provides that a person or entity whose
rights have been violated under this Act by a municipality or county is
entitled to collect: (1) in the case of unlawful retaliation, all legal or
equitable relief as may be appropriate; and (2) attorney's fees and costs.
Makes other changes.
LRB104 18404 JRC 31846 b
A BILL FOR
SB3268
LRB104 18404 JRC 31846 b
1
AN ACT concerning civil law.
2
Be it enacted by the People of the State of Illinois,
3
represented in the General Assembly:
4
Section 1.
Short title.
This Act may be cited as the
5
Residential Automated Solar Permitting Platform Act.
6
Section 5.
Definitions.
As used in this Act:
7
"Baseline residential code" means an edition of the
8
International Residential Code for One and Two-Family
9
Dwellings first published by the International Code Council
10
during the current year or preceding calendar years excluding
11
Parts IV and VII.
12
"Residential automated solar permitting platform" means
13
software or a combination of software that automates plan
14
review, automatically produces code-compliant approvals,
15
accepts online payments for permitting fees if permitting fees
16
are levied, and instantly issues permits and permit revisions
17
for residential photovoltaic systems upon online submission of
18
permitting fee payments, if permitting fees are levied, and a
19
code-compliant application. The residential automated solar
20
permitting platform must be available for residential
21
photovoltaic systems up to the maximum capacity allowed with a
22
200-amp main service disconnect and installed to the
23
requirements of the baseline residential code that may include
SB3268
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LRB104 18404 JRC 31846 b
1
an energy storage system up to the maximum capacity allowed
2
under the baseline residential code, a main panel upgrade, or
3
a main breaker derate.
4
Section 10.
Adoption of platform.
On or before July 1,
5
2027, municipalities and counties with a population of more
6
than 10,000 residents must adopt a residential automated solar
7
permitting platform. The municipality or county must
8
anticipate that the residential automated solar permitting
9
platform will have the capability to process at least 75% of
10
residential solar applications on existing construction
11
submitted to authorities having jurisdiction in the State.
12
For a solar photovoltaic system approved by a platform
13
under this Section, municipalities and counties may only
14
require manual inspection before issuing a permit if a safety
15
issue is identified during the remote inspection or automatic
16
permitting process. Manual inspections may not unreasonably
17
delay permitting of the residential photovoltaic system but
18
this does not preclude an inspector from examining
19
construction documents.
20
Section 15.
Over the counter permitting.
A county or
21
municipality that offers same-day in-person permitting for all
22
residential solar applications is exempt from the requirements
23
in Section 10.
SB3268
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LRB104 18404 JRC 31846 b
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Section 20.
Reporting.
On or before July 1, 2027,
2
municipalities with a population of more than 10,000 residents
3
and all counties must include on their websites the
4
availability of a residential automated solar permitting
5
platform and how to access it.
6
Section 25.
Remedies.
7
(a) A person or entity aggrieved by a violation of this Act
8
or any rule adopted under this Act by a municipality or county
9
may file a civil action in the county in which the alleged
10
offense occurred or where any person who is party to the action
11
resides. Exhaustion of any alternative administrative remedies
12
provided in this Act are not required before a civil action may
13
be filed. Actions may be brought by one or more persons or
14
entities for and on behalf of themselves and other persons
15
similarly situated. A person or entity whose rights have been
16
violated under this Act by a municipality or county is
17
entitled to collect:
18
(1) in the case of unlawful retaliation, all legal or
19
equitable relief as may be appropriate; and
20
(2) attorney's fees and costs.
21
(b) The right of an interested party or aggrieved person
22
to bring an action under this Act terminates after 3 years from
23
the date that a person or entity requested a permit for a
24
residential photovoltaic system. This limitation period is
25
tolled if a municipality or county has deterred a person's
SB3268
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LRB104 18404 JRC 31846 b
1
exercise of rights under this Act.
2
Section 30.
Remote inspections.
On or before July 1 2028,
3
municipalities with a population of more than 10,000 residents
4
and all counties must provide an option for remote inspections
5
via recorded video or photo that can be submitted
6
electronically for projects permitted by the residential
7
automated solar permitting platform. These inspections must be
8
offered at no greater cost and be available with no greater
9
delay than in-person inspections. A municipality or county may
10
require no more than one inspection for projects permitted by
11
the automated solar permitting software unless the first
12
inspection failed. A municipality or county that does not
13
require a permit for residential photovoltaic solar and
14
storage systems is exempt from the requirements in this
15
Section.
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