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SB 3794

LOC GOV-RESIDENTIAL ENERGY

104th Regular Session Introduced by Javier Cervantes

The bill bans local regulation of residential energy backup systems, ensuring statewide access to up to 50 kW/200 kWh storage regardless of local ordinances.

Senate Floor Amendment No. 1 Pursuant to Senate Rule 3-9(b) / Referred to Assignments
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Bill Summary · SB 3794

Summary of SB 3794 (104th General Assembly, Illinois)

Title: Residential Storage Act

Jurisdiction: Illinois
Sender: Senate Sponsor Sen. Javier L. Cervantes
Introduced: February 5, 2026
Status: Filed; referred to Energy and Public Utilities; multiple amendments; last action includes re-refer to Assignments as of April 17, 2026
Effective date: June 1, 2026

1) Purpose and intent

  • The bill aims to facilitate the deployment of residential energy storage and related solar energy technologies while limiting local regulatory barriers.
  • Core goal: provide reliable, low-cost energy and strengthen the electric grid by enabling residential energy storage systems, with protections against local prohibitions that would impede installation or inspection.

2) Key provisions and changes

A. Definitions ( Counties Code and Municipal Code)

The bill adds/clarifies definitions relevant to solar energy and storage systems, including:
- Low-voltage solar-powered device: Solar-powered equipment (examples: doorbells, security systems, illumination) operating at under 50 volts when located on a single lot or within a non-permanently attached shared/common area.
- Residential energy backup system: A backup energy system at a residential property capable of delivering up to 50 kilowatts of electricity to a residence or with storage capacity up to 200 kilowatt-hours. Includes all associated infrastructure and interconnection hardware.
- Solar collector, solar energy system, and solar storage mechanism: Expanded definitions covering devices and components that gather, store, and transfer solar energy, including both photovoltaic electricity generation and thermal collection, storage, and transfer mechanisms.

Note: These definitions align with a framework for residential solar/storage, including interfacing with the broader electric utility system.

B. Shared roof applicability and limitations ( Counties Code, 5-46025)

  • “Shared roof” is defined as a roof serving more than one unit or part of common elements/areas.
  • General rule: The division does not apply to buildings taller than 60 feet or to buildings with a shared roof.
  • Exceptions, for buildings with a shared roof: 1) The solar energy system is located entirely within the portion of the shared roof owned and maintained by the property owner. 2) All property owners sharing the shared roof are in agreement to install a solar energy system. 3) The division may apply to low-voltage solar-powered devices.
  • For buildings with a dedicated electrical connection or meter, the provisions apply as applicable (see subsection d).

C. Residential energy backup systems ( Counties Code, 5-46030 new)

  • Counties may not adopt or enforce ordinances, rules, or measures that regulate the installation or inspection of a residential energy backup system.
  • This provision creates a statewide: ban on local regulation of the installation/inspection of residential energy backup systems.

D. Municipal code mirror ( Illinois Municipal Code, 11-15.5-30 new)

  • Municipalties may not adopt or enforce ordinances that regulate the installation or inspection of a residential energy backup system.
  • Parallels the counties’ protection to prevent local regulatory barriers.

3) Who or what is affected

  • Local governments: Counties and municipalities are constrained in how they regulate the installation, inspection, and related aspects of residential energy backup systems.
  • Property owners and residents: Individuals seeking to install residential energy backup systems (up to 50 kW or 200 kWh storage) are protected from local prohibitions or excessive regulatory hurdles.
  • Shared roof scenarios: In multi-unit settings with shared roofs, certain restrictions apply; installations may be limited by ownership/maintenance boundaries, or require unanimous agreement among all property owners for shared roof installations.
  • Low-voltage devices: The act addresses the management of low-voltage solar-powered devices on shared or private property within this regulatory framework.

4) Procedural and timeline aspects

  • Effective date: June 1, 2026.
  • The bill includes standard amendments to the Counties Code and the Illinois Municipal Code, with a new Section 5-46030 (counties) and a new Section 11-15.5-30 (municipalities) that prohibit local regulation of residential energy backup systems.
  • The legislative process status shows committee referrals and floor action, with several amendments proposed (notably Floor Amendment No. 1) and re-references in April 2026.

5) Practical impact and considerations

  • Expected impact: Reduce local regulatory barriers to residential energy storage, potentially accelerating deployment of storage-compatible solar systems and improving grid reliability and resilience for households.
  • Notable limitations: The bill preserves specific exemptions for high-rise or multi-unit buildings with shared roofs, requiring owner agreement or ownership boundaries for certain installations.
  • Implementation: Local governments must adjust any ordinances, rules, or inspection practices that would regulate residential energy backup systems to comply with the act once in effect.

If you’d like, I can map these provisions to a side-by-side comparison with current Illinois law or prepare an easy-to-scan one-page briefing for stakeholders.

Compiled from official sources — confirm details with the bill’s official record.

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