Rep. Julie Hamos
Filed: 3/25/2009
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| 1 | AMENDMENT TO HOUSE BILL 3987
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| 2 | AMENDMENT NO. ______. Amend House Bill 3987, AS AMENDED, | ||||||
| 3 | with reference to page and line numbers of House Amendment No. | ||||||
| 4 | 1, on page 1, line 4 by replacing "Section 5. The Energy | ||||||
| 5 | Efficient Commercial Building Act is" with the following:
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| 6 | "Section 1. Short title. This Act may be cited as the | ||||||
| 7 | Homeowners' Solar Rights Act. | ||||||
| 8 | Section 5. The legislative intent in enacting this Act is | ||||||
| 9 | to protect the public health, safety, and welfare by | ||||||
| 10 | encouraging the development and use of renewable resources in | ||||||
| 11 | order to conserve and protect the value of land, buildings, and | ||||||
| 12 | resources by preventing the adoption of measures which will | ||||||
| 13 | have the ultimate effect, however unintended, of increasing the | ||||||
| 14 | costs of owning and operating commercial or residential | ||||||
| 15 | property beyond the capacity of private owners to maintain. | ||||||
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| 1 | Section 10. Notwithstanding any provision of this Act or | ||||||
| 2 | other provision of law, the adoption of a bylaw or exercise of | ||||||
| 3 | any power by the governing entity of a homeowners' association, | ||||||
| 4 | property owners' association, or condominium unit owners' | ||||||
| 5 | association which prohibits or has the effect of prohibiting | ||||||
| 6 | the installation of a solar energy system or other energy | ||||||
| 7 | device based on a renewable resource is expressly prohibited. | ||||||
| 8 | Section 15. No deed restrictions, covenants, or similar | ||||||
| 9 | binding agreements running with the land shall prohibit or have | ||||||
| 10 | the effect of prohibiting a solar energy system or other energy | ||||||
| 11 | device based on a renewable resource from being installed on a | ||||||
| 12 | building erected on a lot or parcel covered by the deed | ||||||
| 13 | restrictions, covenants, or binding agreements. A property | ||||||
| 14 | owner may not be denied permission to install a solar energy | ||||||
| 15 | system or other energy device based on a renewable resource by | ||||||
| 16 | any entity granted the power or right in any deed restriction, | ||||||
| 17 | covenant, or similar binding agreement to approve, forbid, | ||||||
| 18 | control, or direct alteration of property with respect to | ||||||
| 19 | residential dwellings not exceeding 3 stories in height. | ||||||
| 20 | However, for purposes of this Act, the entity may determine the | ||||||
| 21 | specific location where a solar energy system may be installed | ||||||
| 22 | on the roof within an orientation to the south or within 45 | ||||||
| 23 | degrees east or west of due south provided that the | ||||||
| 24 | determination does not impair the effective operation of the | ||||||
| 25 | solar energy system. | ||||||
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| 1 | Section 20. A solar energy system or other energy device | ||||||
| 2 | based on a renewable resource shall meet applicable standards | ||||||
| 3 | and requirements imposed by State and local permitting | ||||||
| 4 | authorities. A solar energy system shall be certified by the | ||||||
| 5 | Solar Rating and Certification Corporation (SRCC) or another | ||||||
| 6 | similar nationally recognized certification entity.
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| 7 | Section 25. Whenever approval is required for the | ||||||
| 8 | installation or use of a solar energy system, the application | ||||||
| 9 | for approval shall be processed and approved by the appropriate | ||||||
| 10 | approving entity in the same manner as an application for | ||||||
| 11 | approval of an architectural modification to the property, and | ||||||
| 12 | the application shall not be willfully avoided or delayed.
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| 13 | Section 30. Any entity, other than a public entity, that | ||||||
| 14 | willfully violates this Act shall be liable to the applicant or | ||||||
| 15 | any other party affected by a willful violation of this Act for | ||||||
| 16 | actual damages occasioned thereby and for any other | ||||||
| 17 | consequential damages.
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| 18 | Section 35. In any litigation arising under this Act, the | ||||||
| 19 | prevailing party shall be entitled to costs and reasonable | ||||||
| 20 | attorney's fees.
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| 21 | Section 90. The Energy Efficient Commercial Building Act | ||||||
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| 1 | is".
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