BILL NUMBER: AB 1407	AMENDED
	BILL TEXT

	AMENDED IN SENATE  JULY 1, 2003
	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
  and  would require a public entity to certify
that it is meeting these requirements when applying for these grants
 on   or  loans.  This bill would prohibit
a local public entity 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   does  not
apply to provisions  which   that  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) (1) A solar energy system shall meet applicable standards and
requirements imposed by state and local permitting authorities.
   (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.
   (3)  (A)   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.  
   (h) (1) A public entity that fails to comply with this section may
not receive funds from a state-sponsored grant or loan program for
solar energy.  A public entity shall certify its compliance with the
requirements of this section when applying for funds from such a
grant or loan program.
   (2) A local public entity may not exempt residents in its
jurisdiction from the requirements of this section.