BILL NUMBER: AB 1407	CHAPTERED
	BILL TEXT

	CHAPTER  290
	FILED WITH SECRETARY OF STATE  SEPTEMBER 4, 2003
	APPROVED BY GOVERNOR  SEPTEMBER 3, 2003
	PASSED THE ASSEMBLY  AUGUST 21, 2003
	PASSED THE SENATE  JULY 24, 2003
	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, 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 may not receive funds
from a state-sponsored grant or loan program for solar energy if it
fails to comply with these requirements and would require a public
entity to certify that it is meeting these requirements when applying
for these grants  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.


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) 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.
   (b) This section does not apply to provisions 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 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.