BILL ANALYSIS                                                                                                                                                                                                    



                                                                       


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          |SENATE RULES COMMITTEE            |                  SB 1534|
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                              UNFINISHED BUSINESS


          Bill No:  SB 1534
          Author:   Bowen (D)
          Amended:  6/13/02
          Vote:     21

           
           SENATE ENERGY, U.&C. COMMITTEE  :  9-0, 4/23/02
          AYES:  Bowen, Morrow, Alarcon, Battin, Murray, Sher,  
            Speier, Vasconcellos, Vincent

           SENATE FLOOR  :  35-0, 5/2/02
          AYES:  Alarcon, Alpert, Battin, Bowen, Brulte, Burton,  
            Chesbro, Dunn, Escutia, Figueroa, Haynes, Johannessen,  
            Johnson, Karnette, Knight, Kuehl, Machado, Margett,  
            McClintock, Monteith, Morrow, Murray, O'Connell, Oller,  
            Ortiz, Peace, Perata, Polanco, Poochigian, Romero, Scott,  
            Sher, Soto, Torlakson, Vasconcellos

           ASSEMBLY FLOOR  :  Not available


           SUBJECT  :    Solar energy systems

           SOURCE  :     Author


           DIGEST  :    This bill requires solar energy systems  
          installed by property owners to meet the most current  
          standards for safety and performance, as specified.

           Assembly amendments  reinstate the existing standards  
          requirements and provide that the bill's provisions are in  
          addition to existing law.

                                                           CONTINUED





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           ANALYSIS  :    Current law:

          1. 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.

          2. Requires solar energy systems to meet the standards and  
             requirements imposed by state and local permitting  
             authorities.

          3. Requires solar energy systems to be certified by the  
             Solar Rating Certification Corporation (SRCC), or  
             another nationally recognized certification agency. 

           This bill  requires solar energy systems to meet specified  
          standards. Specifically, the bill: 

          1. Specifies that solar collectors shall meet applicable  
             standards and requirements imposed by state and local  
             permitting authorities. 

          2. Requires solar energy systems to be certified by the  
             Solar Rating Certification Corporation (SRCC)<1> or  
             other nationally recognized rating agency. 

          3. Requires installed solar energy systems to also meet  
             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 California Public  
             Utilities Commission (PUC) 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.








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          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  
          
           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).

           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.

           FISCAL EFFECT  :    Appropriation:  No   Fiscal Com.:  No    
          Local:  No

           SUPPORT  :   (Verified  4/23/02) (unable to re-verify at time  
          of writing)

          California Solar Energy Industries Association
          California Alliance for Consumer Protection


          NC:sl  8/28/02   Senate Floor Analyses 








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                         SUPPORT/OPPOSITION:  SEE ABOVE

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