BILL NUMBER: SB 1534	AMENDED
	BILL TEXT

	AMENDED IN SENATE  APRIL 1, 2002

INTRODUCED BY   Senator Bowen

                        FEBRUARY 20, 2002

   An act  to amend Section 714 of the Civil Code,  relating
to solar energy systems.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1534, as amended, Bowen.  Solar energy systems  :
intent  . 
   Existing law provides that any covenant, restriction, or condition
contained in any deed, contract, security instrument, or other
instrument affecting real property, as specified, that prohibits or
restricts the installation or use of a solar energy system is void
and unenforceable. Existing law requires that solar collectors meet
the standards and requirements imposed by state and local permitting
authorities, and specifically requires, in this regard, certification
by the Solar Rating Certification Corporation or other nationally
recognized certification agencies.  Existing law requires this
certification to be for the entire solar energy system and
installation.
   This bill would delete the requirements regarding state and local
standards and certification described above, and instead require that
a solar energy system meet all applicable safety and performance
standards established by the National Electrical Code and the
Institute of Electrical and Electronics Engineers, among others, and
applicable rules of the Public Utilities Commission.  
   Chapter 17 of the Statutes of the 2001-02 Second Extraordinary
Session, which will go into effect on the 91st day after the final
adjournment of the 2001-02 Second Extraordinary Session, until
January 1, 2006, will require the State Energy Resources Conservation
and Development Commission to develop a grant program to offset a
portion of the cost of eligible solar energy systems.
   This bill would declare the intent of the Legislature to remove
restrictions that have the effect of inhibiting homeowners from
installing solar energy panels on their property. 
   Vote:  majority.  Appropriation:  no.  Fiscal committee:  no.
State-mandated local program:  no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  
  SECTION 1.  It is the intent of the Legislature to enact an act
that removes restrictions that have the effect of inhibiting
homeowners from installing solar energy panels on their property.
 
  SECTION 1.  Section 714 of the Civil Code is amended to read: 

   714.  (a) Any covenant, restriction, or condition contained in any
deed, contract, security instrument, or other instrument affecting
the transfer or sale of, or any interest in, real property that
effectively prohibits or restricts the installation or use of a solar
energy system is void and unenforceable.
   (b) This section shall not apply to provisions which impose
reasonable restrictions on solar energy systems.  However, it is the
policy of the state to promote and encourage the use of solar energy
systems and to remove obstacles thereto.  Accordingly, reasonable
restrictions on a solar energy system are those restrictions that do
not significantly increase the cost of the system or significantly
decrease its efficiency or specified performance, or that allow for
an alternative system of comparable cost, efficiency, and energy
conservation benefits.
   (c)  Solar collectors shall meet applicable standards and
requirements imposed by state and local permitting authorities.
Specifically, solar energy systems shall be certified by the Solar
Rating Certification Corporation (SRCC) or other nationally
recognized certification agencies.  SRCC is a nonprofit third-party
supported by the United States Department of Energy. The
certification shall be for the entire solar energy system and
installation   A solar energy system shall meet all
applicable safety and performance standards established by the
National Electrical Code, the Institute of Electrical and Electronics
Engineers, and accredited testing laboratories such as Underwriters
Laboratories and, where applicable, rules of the Public Utilities
Commission regarding safety and reliability  .
   (d) For the purposes of this section:
   (1) "Significantly" means an amount exceeding 20 percent of the
cost of the system or decreasing the efficiency of the solar energy
system by an amount exceeding 20 percent, as originally specified and
proposed.
   (2) "Solar energy system" has the same meaning as defined in
Section 801.5.
   (e) Whenever approval is required for the installation or use of a
solar energy system, the application for approval shall be processed
and approved by the appropriate approving entity in the same manner
as an application for approval of an architectural modification to
the property, and shall not be willfully avoided or delayed.
   (f) Any entity, other than a public entity, that willfully
violates this section shall be liable to the applicant or other party
for actual damages occasioned thereby, and shall pay a civil penalty
to the applicant or other party in an amount not to exceed one
thousand dollars ($1,000).
   (g) In any action to enforce compliance with this section, the
prevailing party shall be awarded reasonable attorney's fees.