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Rep. Sara Feigenholtz
Filed: 5/24/2007
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LRB095 03704 AJO 36769 a |
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| AMENDMENT TO SENATE BILL 526
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| AMENDMENT NO. ______. Amend Senate Bill 526 by replacing |
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| everything after the enacting clause with the following:
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| "Section 1. Short title. This Act may be cited as the |
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| Homeowners' Solar Rights Act.
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| Section 5. Legislative intent. The legislative intent in |
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| enacting this Act is to protect the public health, safety, and |
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| welfare by encouraging the development and use of renewable |
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| resources in order to conserve and protect the value of land, |
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| buildings, and resources by preventing the adoption of measures |
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| which will have the ultimate effect, however unintended, of |
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| increasing the costs of owning and operating commercial or |
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| residential property beyond the capacity of private owners to |
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| maintain.
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| Section 10. Associations; prohibitions. Notwithstanding |
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LRB095 03704 AJO 36769 a |
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| any provision of this Act or other provision of law, the |
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| adoption of a bylaw or exercise of any power by the governing |
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| entity of a homeowners' association, property owners' |
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| association, or condominium unit owners' association which |
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| prohibits or has the effect of prohibiting the installation of |
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| a solar energy system or other energy device based on a |
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| renewable resource is expressly prohibited.
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| Section 15. Deed restrictions; covenants. No deed |
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| restrictions, covenants, or similar binding agreements running |
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| with the land shall prohibit or have the effect of prohibiting |
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| a solar energy system or other energy device based on a |
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| renewable resource from being installed on a building erected |
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| on a lot or parcel covered by the deed restrictions, covenants, |
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| or binding agreements. A property owner may not be denied |
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| permission to install a solar energy system or other energy |
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| device based on a renewable resource by any entity granted the |
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| power or right in any deed restriction, covenant, or similar |
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| binding agreement to approve, forbid, control, or direct |
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| alteration of property. However, for purposes of this Act, the |
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| entity may determine the specific location where a solar energy |
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| system or other energy device may be installed on the roof |
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| within an orientation to the south or within 45 degrees east or |
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| west of due south provided that the determination does not |
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| impair the effective operation of the solar energy system or |
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| other energy device. Each homeowners' association and |
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LRB095 03704 AJO 36769 a |
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| condominium unit owners' association shall adopt an energy |
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| policy statement regarding the location, design, and |
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| architectural requirements of solar energy systems or other |
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| energy devices. An association shall disclose, upon request, |
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| its energy policy statement and shall include the statement in |
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| its homeowners' or condominium unit owners' association |
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| declaration.
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| Section 20. Standards and requirements. A solar energy |
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| system or other energy device based on a renewable resource |
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| shall meet applicable standards and requirements imposed by |
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| State and local permitting authorities. A solar energy system |
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| shall be certified by the Solar Rating and Certification |
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| Corporation (SRCC) or another similar nationally recognized |
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| certification entity.
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| Section 25. Application for approval. Whenever approval is |
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| required for the installation or use of a solar energy system |
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| or other energy device, the application for approval shall be |
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| processed and approved by the appropriate approving entity in |
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| the same manner as an application for approval of an |
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| architectural modification to the property, and the |
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| application shall not be willfully avoided or delayed.
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| Section 30. Violations. Any entity, other than a public |
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| entity, that willfully violates this Act shall be liable to the |
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| applicant or any other party affected by a willful violation of |
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| this Act for actual damages occasioned thereby and for any |
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| other consequential damages.
Any entity that complies with the |
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| requirements of this Act shall not be liable to any other |
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| resident or third party for such compliance.
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| Section 35. Costs; attorney's fees. In any litigation |
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| arising under this Act, the prevailing party shall be entitled |
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| to costs and reasonable attorney's fees.
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| Section 40. Inapplicability. This Act shall not apply to |
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| any building which is greater than 30 feet in height.".
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