BILL NUMBER: AB 1407	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Wolk

                        FEBRUARY 21, 2003

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



	LEGISLATIVE COUNSEL'S DIGEST


   AB 1407, as introduced, Wolk.  Solar energy systems.
   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, as specified.
   This bill would specify that a public entity is subject to the
requirements described above, and may not receive funds from a
state-sponsored grant or loan program for solar energy if it fails to
comply with these requirements. This bill would also specify that a
local public entity may not except residents in its jurisdiction from
these requirements.
   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.  Section 714 of the Civil Code is amended to read:
   714.  (a)  (1)  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.  
   (2) (A) A public entity is subject to the requirements of this
section, and may not receive funds from a state-sponsored grant or
loan program for solar energy if it fails to comply with these
requirements.
   (B) A local public entity may not except residents in its
jurisdiction from the requirements of this section. 
   (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 also 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.