BILL NUMBER: AB 1407	AMENDED
	BILL TEXT

	AMENDED IN SENATE  JUNE 11, 2003

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 amended, 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.  The bill would require a public
entity to certify that it is meeting these requirements when
applying for these grants on loans.   This bill would 
also specify that   prohibit  a local public entity
 may not except   from excepting 
residents in its jurisdiction from these requirements.  The bill
would also establish the particular standards that solar energy
systems for heating water and producing electricity must meet, and
would make a clarifying change. 
   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.   A public entity shall certify its compliance with
the requirements of this section when applying for funds from a
state-sponsored grant or loan program. 
   (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   (1) A solar energy
system  shall meet applicable standards and requirements imposed
by state and local permitting authorities.   Specifically,
solar energy systems  
   (2) A solar energy system for heating water  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  
   (3) (A)  solar energy system  for producing electricity
 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.