Bill Status of HB 5429   96th General Assembly

Short Description:  HOMEOWNERS SOLAR RIGHTS ACT

House Sponsors
Rep. Sara Feigenholtz-Naomi D. Jakobsson-Elaine Nekritz-Mike Fortner, Carol A. Sente, Harry Osterman, Jack D. Franks, Keith Farnham, Linda Chapa LaVia, Sandra M. Pihos and Karen May

Senate Sponsors
(Sen. Michael Noland-Linda Holmes and Michael Bond)


Last Action  View All Actions

DateChamber Action
  8/17/2010HousePublic Act . . . . . . . . . 96-1436

Statutes Amended In Order of Appearance
New Act

Synopsis As Introduced
Creates the Homeowners' Solar Rights Act. Provides that each homeowners' association and condominium unit owners' association shall adopt an energy policy statement concerning the location, design, and architectural requirements of solar energy systems or other energy devices. Provides that any entity that complies with the Act is not liable to any other resident or third party for such compliance. Provides that the Act does not apply to a building more than 30 feet in height. Includes other provisions.

House Committee Amendment No. 1
Replaces everything after the enacting clause with provisions substantially similar to the bill as introduced, except provides that: it is applicable only to solar energy systems on homes; a homeowners' association, property owners' association, or condominium unit owners' association must adopt an energy policy statement regarding the location, design, and architectural requirements of solar energy systems within one year after the effective date, or within 120 days after the association receives a request for a policy statement or an application from an association member, whichever is earlier; and an application for approval, if required, must acted upon within 90 days after the time of application or, if a policy is not then in place, then 90 days after the policy is adopted. Makes other changes.

House Floor Amendment No. 2
Replaces everything after the enacting clause with provisions substantially similar to the bill as introduced, except provides that: it is applicable only to solar energy systems on homes; a homeowners' association, property owners' association, or condominium unit owners' association must adopt an energy policy statement regarding the location, design, and architectural requirements of solar energy systems within 120 days after the association receives a request for a policy statement or an application from an association member; and an application for approval, if required, must be acted upon within 90 days after the time of application or, if a policy is not then in place, then 90 days after the policy is adopted. Makes other changes.

Senate Committee Amendment No. 2
Replaces everything after the enacting clause with provisions identical to the engrossed bill except that it: adds definitions of solar energy, solar collector, solar storage mechanism, and solar energy system; makes the Act's provisions applicable to homeowners' associations, common interest community associations (instead of property owners' associations), and condominium unit owners' associations; and provides that this Act does not apply to any building which is greater than 30 feet in height.

Senate Floor Amendment No. 3
Makes changes in the Homeowners' Solar Rights Act. Specifies in the legislative intent provisions that the Act applies to any home that is subject to a homeowners' association, common interest community association, or condominium unit owners' association. Adds to provisions concerning deed restrictions, covenants, or similar binding agreements relating to solar energy systems that those restrictions only apply if the building is subject to a homeowners' association, common interest community association, or condominium unit owners' association.

Actions 
DateChamber Action
  2/4/2010HouseFiled with the Clerk by Rep. Sara Feigenholtz
  2/5/2010HouseFirst Reading
  2/5/2010HouseReferred to Rules Committee
  2/11/2010HouseAdded Co-Sponsor Rep. Carol A. Sente
  2/16/2010HouseAssigned to Judiciary I - Civil Law Committee
  2/23/2010HouseAdded Chief Co-Sponsor Rep. Naomi D. Jakobsson
  2/24/2010HouseHouse Committee Amendment No. 1 Filed with Clerk by Judiciary I - Civil Law Committee
  2/24/2010HouseHouse Committee Amendment No. 1 Adopted in Judiciary I - Civil Law Committee; by Voice Vote
  2/24/2010HouseDo Pass as Amended / Short Debate Judiciary I - Civil Law Committee; 014-000-000
  2/24/2010HousePlaced on Calendar 2nd Reading - Short Debate
  2/25/2010HouseHouse Floor Amendment No. 2 Filed with Clerk by Rep. Sara Feigenholtz
  2/25/2010HouseHouse Floor Amendment No. 2 Referred to Rules Committee
  3/3/2010HouseAdded Chief Co-Sponsor Rep. Elaine Nekritz
  3/8/2010HouseHouse Floor Amendment No. 2 Recommends Be Adopted Rules Committee; 004-000-000
  3/10/2010HouseAdded Chief Co-Sponsor Rep. Mike Fortner
  3/10/2010HouseSecond Reading - Short Debate
  3/10/2010HouseHouse Floor Amendment No. 2 Adopted by Voice Vote
  3/10/2010HousePlaced on Calendar Order of 3rd Reading - Short Debate
  3/11/2010HouseAdded Co-Sponsor Rep. Harry Osterman
  3/12/2010HouseAdded Co-Sponsor Rep. Jack D. Franks
  3/12/2010HouseAdded Co-Sponsor Rep. Keith Farnham
  3/12/2010HouseAdded Co-Sponsor Rep. Linda Chapa LaVia
  3/12/2010HouseThird Reading - Short Debate - Passed 110-000-000
  3/12/2010SenateArrive in Senate
  3/12/2010SenatePlaced on Calendar Order of First Reading March 15, 2010
  3/12/2010SenateChief Senate Sponsor Sen. Michael Noland
  3/15/2010SenateFirst Reading
  3/15/2010SenateReferred to Assignments
  4/6/2010SenateAssigned to Judiciary
  4/12/2010SenateSenate Committee Amendment No. 1 Filed with Secretary by Sen. Michael Noland
  4/12/2010SenateSenate Committee Amendment No. 1 Referred to Assignments
  4/13/2010SenateSenate Committee Amendment No. 1 Assignments Refers to Judiciary
  4/14/2010SenateSenate Committee Amendment No. 1 Postponed - Judiciary
  4/14/2010SenatePostponed - Judiciary
  4/15/2010SenateSenate Committee Amendment No. 2 Filed with Secretary by Sen. Michael Noland
  4/15/2010SenateSenate Committee Amendment No. 2 Referred to Assignments
  4/20/2010SenateSenate Committee Amendment No. 2 Assignments Refers to Judiciary
  4/20/2010SenateSenate Committee Amendment No. 2 Adopted
  4/20/2010SenateDo Pass as Amended Judiciary; 006-001-000
  4/20/2010SenatePlaced on Calendar Order of 2nd Reading April 21, 2010
  4/22/2010SenateAdded as Alternate Chief Co-Sponsor Sen. Linda Holmes
  4/23/2010SenateAdded as Alternate Co-Sponsor Sen. Michael Bond
  4/23/2010SenateSenate Committee Amendment No. 1 Rule 3-9(a) / Re-referred to Assignments
  4/26/2010SenateSenate Floor Amendment No. 3 Filed with Secretary by Sen. Michael Noland
  4/26/2010SenateSenate Floor Amendment No. 3 Referred to Assignments
  4/28/2010SenateSenate Floor Amendment No. 3 Assignments Refers to Judiciary
  4/29/2010SenateSenate Floor Amendment No. 3 Recommend Do Adopt Judiciary; 010-000-000
  4/30/2010SenateSecond Reading
  4/30/2010SenateSenate Floor Amendment No. 3 Adopted; Noland
  4/30/2010SenatePlaced on Calendar Order of 3rd Reading May 3, 2010
  5/4/2010SenateThird Reading - Passed; 058-000-000
  5/4/2010SenateSenate Committee Amendment No. 1 Tabled Pursuant to Rule 5-4(a)
  5/4/2010HouseArrived in House
  5/4/2010HousePlaced on Calendar Order of Concurrence Senate Amendment(s) 2, 3
  5/4/2010HouseSenate Committee Amendment No. 2 Motion Filed Concur Rep. Sara Feigenholtz
  5/4/2010HouseSenate Floor Amendment No. 3 Motion Filed Concur Rep. Sara Feigenholtz
  5/4/2010HouseSenate Committee Amendment No. 2 Motion to Concur Referred to Rules Committee
  5/4/2010HouseSenate Floor Amendment No. 3 Motion to Concur Referred to Rules Committee
  5/6/2010HouseSenate Committee Amendment No. 2 Motion to Concur Recommends Be Adopted Rules Committee; 004-000-000
  5/6/2010HouseSenate Floor Amendment No. 3 Motion to Concur Recommends Be Adopted Rules Committee; 004-000-000
  5/25/2010HouseAdded Co-Sponsor Rep. Sandra M. Pihos
  5/26/2010HouseSenate Committee Amendment No. 2 House Concurs 111-000-000
  5/26/2010HouseSenate Floor Amendment No. 3 House Concurs 111-000-000
  5/26/2010HousePassed Both Houses
  5/26/2010HouseAdded Co-Sponsor Rep. Karen May
  6/24/2010HouseSent to the Governor
  8/17/2010HouseGovernor Approved
  8/17/2010HouseEffective Date January 1, 2011
  8/17/2010HousePublic Act . . . . . . . . . 96-1436

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