BILL ANALYSIS 1
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SENATE ENERGY, UTILITIES AND COMMUNICATIONS COMMITTEE
DEBRA BOWEN, CHAIRWOMAN
SB 1534 - Bowen Hearing Date:
April 23, 2002 S
As Amended: April 1, 2002 Non-FISCAL
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DESCRIPTION
Current law provides that any covenant, restriction, or
condition contained in any deed, contract, security instrument,
or other instrument affecting real property, that prohibits or
restricts the installation or use of a solar energy system is
void and unenforceable.
Current law requires solar energy systems to meet the standards
and requirements imposed by state and local permitting
authorities.
Current law also requires solar energy systems to be certified
by the Solar Rating Certification Corporation (SRCC), or another
nationally recognized certification agency.
This bill deletes the existing standards requirements and
replaces them with the most current standards for solar energy
systems, which are established by the National Electrical Code,
the Institute of Electrical and Electronics Engineers, and
accredited testing laboratories, such as Underwriters
Laboratories.
This bill also requires solar energy systems to comply with any
applicable rules of the California Public Utilities Commission
(CPUC) regarding safety and reliability.
BACKGROUND
California is one of a number of states that have laws
encouraging homeowners to install solar systems to reduce
dependence on non-renewable energy sources, supplement existing
energy resources, and reduce air and water pollution resulting
from the use of fossil fuels.
California law protects solar access as a property right by
forbidding community associations from banning the installation
and use of solar panels and solar energy systems through their
Covenants, Conditions and Restrictions (CC&Rs).
This bill updates the existing law by requiring solar energy
systems installed by property owners to meet the most current
standards for safety and performance, which are established by
the National Electrical Code, the Institute of Electrical and
Electronics Engineers, and accredited testing laboratories such
as Underwriters Laboratories. The bill also requires these
solar energy systems to comply with any applicable rules of the
CPUC regarding safety and reliability.
COMMENTS
1)Standards Update. The bill seeks to update the standards
established in current law, because the industry standard has
changed since the Legislature last updated the law in 1994 (SB
1553 (Alquist), Chapter 382, Statutes of 1994).
2)Related Legislation. SB 82 XX (Murray), Chapter 10, Statues
of 2001-02 Second Extraordinary Session, which requires solar
energy systems to be installed on state buildings, where
feasible, and on new state buildings constructed after
December 31, 2002, uses the same standards for safety and
performance as prescribed in this bill.
POSITIONS
Sponsor:
Author
Support:
California Solar Energy Industries Association
Oppose:
None on file
Jennie Bretschneider
SB 1534 Analysis
Hearing Date: April 23, 2002