HB5803 amends the Counties Code and the Illinois Municipal Code to exclude commercial solar energy systems from the scope of the state’s “solar bill of rights” provisions. The bill specifically states that the applicable local-government solar protections do not apply to a commercial solar energy system as defined in the Property Tax Code.
The measure also carries forward and restates existing applicability rules for the solar bill of rights in both codes. Those rules generally exempt buildings over 60 feet tall and buildings with a “shared roof,” while preserving limited exceptions for shared roofs when the solar system is installed entirely on the owner’s portion of the roof, when all owners sharing the roof agree, or when the provision applies to low-voltage solar-powered devices. In effect, the bill narrows the reach of these solar-rights provisions by carving out commercial-scale projects from the protections that apply to certain residential or mixed-use settings.
HB5803 would amend two local-government statutes, changing how Illinois counties and municipalities apply solar installation rights and related protections. Its main legal effect is to remove commercial solar energy systems from the coverage of the solar bill of rights, while leaving the existing height and shared-roof limitations and exceptions in place for other covered projects. The bill would therefore affect property owners, solar developers, local governments, and any parties relying on these provisions to install solar on buildings with shared roofs or other constrained roof configurations.
No committee transcripts or recorded votes were provided with the bill materials, so there is no direct evidence of debate, support, or opposition from the legislative record included here. Based on the text alone, the bill appears to be a targeted technical policy change focused on narrowing the application of existing solar-rights rules rather than a broad overhaul of solar policy.
The likely point of contention is the bill’s exclusion of commercial solar energy systems from the solar bill of rights. Supporters may view that carveout as a clarification that commercial-scale projects should be regulated differently from smaller rooftop installations, while opponents could argue it weakens solar access protections and creates a special exemption for commercial development. Another possible issue is the continued treatment of shared roofs, which can affect condominium, multi-unit, and other shared-property settings where ownership and maintenance responsibilities are divided.