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104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
SB3794

Introduced 2/5/2026, by Sen. Javier L. Cervantes

SYNOPSIS AS INTRODUCED:

55 ILCS 5/5-46005
55 ILCS 5/5-46025
55 ILCS 5/5-46030 new
65 ILCS 5/11-15.5-5
65 ILCS 5/11-15.5-25
65 ILCS 5/11-15.5-30 new

Amends the Counties Code and the Illinois Municipal Code. Provides
that a county or a municipality may not adopt or enforce an ordinance,
rule, or other measure that would regulate the installation or inspection
of a residential energy backup system, including on a building with a
shared roof. Defines "residential energy backup system". Effective June 1,
2026.
LRB104 19680 RTM 33129 b

A BILL FOR

SB3794
LRB104 19680 RTM 33129 b
1

AN ACT concerning local government.

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 Storage Act.

6

Section 2.
Legislative intent.
The purpose of this Act is
7
to provide reliable energy at low cost to the People of
8
Illinois, strengthen the electric grid, and promote the use of
9
renewable energy resources by facilitating the deployment of
10
residential energy storage systems.

11

Section 5.
The Counties Code is amended by changing
12
Sections 5-46005 and 5-46025 and by adding Section 5-46030 as
13
follows:

14

(55 ILCS 5/5-46005)
15

(This Section may contain text from a Public Act with a
16
delayed effective date
)
17

Sec. 5-46005.
Definitions.
As used in this Division:
18

"Low-voltage solar-powered device" means a piece of
19
equipment designed for a particular purpose, including, but
20
not limited to, doorbells, security systems, and illumination
21
equipment, powered by a solar collector operating at less than

SB3794
- 2 -
LRB104 19680 RTM 33129 b
1
50 volts, and located:
2

(1) entirely within the lot or parcel owned by the
3

property owner; or
4

(2) within a common area without being permanently
5

attached to common property.
6

"Residential energy backup system" means a backup energy
7
system installed at a residential property that is capable of
8
providing no more than 50 kilowatts of electricity to the
9
residence or has a storage capacity of no more than 200
10
kilowatt hours. "Residential energy backup system" includes
11
all associated infrastructure, equipment, and components of
12
the system, up to and including any hardware that interfaces
13
with the point of interconnection to the broader electric
14
utility system.

15

"Solar collector" means:
16

(1) an assembly, structure, or design, including
17

passive elements, used for gathering, concentrating, or
18

absorbing direct and indirect solar energy and specially
19

designed for holding a substantial amount of useful
20

thermal energy and to transfer that energy to a gas,
21

solid, or liquid or to use that energy directly;
22

(2) a mechanism that absorbs solar energy and converts
23

it into electricity;
24

(3) a mechanism or process used for gathering solar
25

energy through wind or thermal gradients; or
26

(4) a component used to transfer thermal energy to a

SB3794
- 3 -
LRB104 19680 RTM 33129 b
1

gas, solid, or liquid, or to convert it into electricity.
2

"Solar energy" means radiant energy received from the sun
3
at wavelengths suitable for heat transfer, photosynthetic use,
4
or photovoltaic use.
5

"Solar energy system" means:
6

(1) a complete assembly, structure, or design of a
7

solar collector or a solar storage mechanism that uses
8

solar energy for generating electricity or for heating or
9

cooling gases, solids, liquids, or other materials; and
10

(2) the design, materials, or elements of a system and
11

its maintenance, operation, and labor components, and the
12

necessary components, if any, of supplemental conventional
13

energy systems designed or constructed to interface with a
14

solar energy system.
15

"Solar storage mechanism" means equipment or elements,
16
such as piping and transfer mechanisms, containers, heat
17
exchangers, batteries, or controls thereof and gases, solids,
18
liquids, or combinations thereof, that are utilized for
19
storing solar energy, gathered by a solar collector, for
20
subsequent use.
21
(Source: P.A. 104-458, eff. 6-1-26.)

22

(55 ILCS 5/5-46025)
23

(This Section may contain text from a Public Act with a
24
delayed effective date
)
25

Sec. 5-46025.
Applicability.

SB3794
- 4 -
LRB104 19680 RTM 33129 b
1

(a) As used in this Section, "shared roof" means any roof
2
that (i) serves more than one unit, including, but not limited
3
to, a contiguous roof serving adjacent units, or (ii) is part
4
of the common elements or common area of a unit.
5

(b)
Except as provided in subsection (d), this

This

6
Division shall not apply to any building that:
7

(1) is greater than 60 feet in height; or
8

(2) has a shared roof.
9

(c) Notwithstanding subsection (b) of this Section, this
10
Division shall apply to any building with a shared roof:
11

(1) where the solar energy system is located entirely
12

within that portion of the shared roof that is owned and
13

maintained by the property owner;
14

(2) where all property owners sharing the shared roof
15

are in agreement to install a solar energy system; or
16

(3) to the extent this Division applies to low-voltage
17

solar-powered devices.
18

(d) The provisions of Section 5-46030 shall apply to any
19
building with a dedicated electrical connection to a utility
20
or a dedicated electrical meter, including a building with a
21
shared roof.

22
(Source: P.A. 104-458, eff. 6-1-26.)

23

(55 ILCS 5/5-46030 new)
24

Sec. 5-46030.
Residential energy backup systems.
25
Notwithstanding any other law, a county may not adopt or

SB3794
- 5 -
LRB104 19680 RTM 33129 b
1
enforce an ordinance, rule, or other measure that would
2
regulate the installation or inspection of a residential
3
energy backup system.

4

Section 10.
The Illinois Municipal Code is amended by
5
changing Sections 11-15.5-5 and 11-15.5-25 and by adding
6
Section 11-15.5-30 as follows:

7

(65 ILCS 5/11-15.5-5)
8

(This Section may contain text from a Public Act with a
9
delayed effective date
)
10

Sec. 11-15.5-5.
Definitions.
As used in this Division:
11

"Low-voltage solar-powered device" means a piece of
12
equipment designed for a particular purpose, including, but
13
not limited to, doorbells, security systems, and illumination
14
equipment, powered by a solar collector operating at less than
15
50 volts, and located:
16

(1) entirely within the lot or parcel owned by the
17

property owner; or
18

(2) within a common area without being permanently
19

attached to common property.
20

"Residential energy backup system" means a backup energy
21
system installed at a residential property that is capable of
22
providing no more than 50 kilowatts of electricity to the
23
residence or has a storage capacity of no more than 200
24
kilowatt hours. "Residential energy backup system" includes

SB3794
- 6 -
LRB104 19680 RTM 33129 b
1
all associated infrastructure, equipment, and components of
2
the system, up to and including any hardware that interfaces
3
with the point of interconnection to the broader electric
4
utility system.

5

"Solar collector" means:
6

(1) an assembly, structure, or design, including
7

passive elements, used for gathering, concentrating, or
8

absorbing direct and indirect solar energy and specially
9

designed for holding a substantial amount of useful
10

thermal energy and to transfer that energy to a gas,
11

solid, or liquid or to use that energy directly;
12

(2) a mechanism that absorbs solar energy and converts
13

it into electricity;
14

(3) a mechanism or process used for gathering solar
15

energy through wind or thermal gradients; or
16

(4) a component used to transfer thermal energy to a
17

gas, solid, or liquid, or to convert it into electricity.
18

"Solar energy" means radiant energy received from the sun
19
at wavelengths suitable for heat transfer, photosynthetic use,
20
or photovoltaic use.
21

"Solar energy system" means:
22

(1) a complete assembly, structure, or design of a
23

solar collector or a solar storage mechanism that uses
24

solar energy for generating electricity or for heating or
25

cooling gases, solids, liquids, or other materials; and
26

(2) the design, materials, or elements of a system and

SB3794
- 7 -
LRB104 19680 RTM 33129 b
1

its maintenance, operation, and labor components, and the
2

necessary components, if any, of supplemental conventional
3

energy systems designed or constructed to interface with a
4

solar energy system.
5

"Solar storage mechanism" means equipment or elements,
6
such as piping and transfer mechanisms, containers, heat
7
exchangers, batteries, or controls thereof and gases, solids,
8
liquids, or combinations thereof, that are utilized for
9
storing solar energy, gathered by a solar collector, for
10
subsequent use.
11
(Source: P.A. 104-458, eff. 6-1-26.)

12

(65 ILCS 5/11-15.5-25)
13

(This Section may contain text from a Public Act with a
14
delayed effective date
)
15

Sec. 11-15.5-25.
Applicability.
16

(a) As used in this Section, "shared roof" means any roof
17
that (i) serves more than one unit, including, but not limited
18
to, a contiguous roof serving adjacent units, or (ii) is part
19
of the common elements or common area of a unit.
20

(b)
Except as provided in subsection (d), this

This

21
Division shall not apply to any building that:
22

(1) is greater than 60 feet in height; or
23

(2) has a shared roof.
24

(c) Notwithstanding subsection (b) of this Section, this
25
Division shall apply to any building with a shared roof:

SB3794
- 8 -
LRB104 19680 RTM 33129 b
1

(1) where the solar energy system is located entirely
2

within that portion of the shared roof owned and
3

maintained by the property owner;
4

(2) where all property owners sharing the shared roof
5

are in agreement to install a solar energy system; or
6

(3) to the extent this Division applies to low-voltage
7

solar-powered devices.
8

(d) The provisions of Section 11-15.5-30 shall apply to
9
any building with a dedicated electrical connection to a
10
utility or a dedicated electrical meter, including a building
11
with a shared roof.

12
(Source: P.A. 104-458, eff. 6-1-26.)

13

(65 ILCS 5/11-15.5-30 new)
14

Sec. 11-15.5-30.
Residential energy backup systems.
15
Notwithstanding any other law, a municipality may not adopt or
16
enforce an ordinance, rule, or other measure that would
17
regulate the installation or inspection of a residential
18
energy backup system.

19

Section 99.
Effective date.
This Act takes effect on the
20
effective on June 1, 2026.

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