BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 1407
                                                                  Page  1

          Date of Hearing:   May 7, 2003

               ASSEMBLY COMMITTEE ON HOUSING AND COMMUNITY DEVELOPMENT
                                Alan Lowenthal, Chair
                  AB 1407 (Wolk) - As Introduced:  February 21, 2003
           
          SUBJECT  :   Solar energy systems

           SUMMARY  :   Prohibits a public entity from imposing restrictions  
          on real property that prohibit or restrict the installation or  
          use of a solar energy system.  Specifically,  this bill  :  

          1)Prohibits a public entity from receiving state sponsored  
            grants or loans for solar energy programs if it prohibits or  
            places unreasonable restrictions on the placement of solar  
            energy systems.

          2)Prohibits local public entities from exempting residents of  
            its jurisdiction from the laws prohibiting unreasonable  
            restrictions or the denial of installation of solar energy  
            systems.

           EXISTING LAW  

          1)Prohibits any covenant, restriction, or condition contained in  
            any deed, contract, security instrument or other instrument  
            that effectively prohibits or restricts the installation or  
            use of a solar energy system.

          2)Provides that reasonable restrictions may be placed on the  
            installation or use of solar energy systems provided they do  
            not significantly increase the cost by twenty percent or  
            decrease the efficiency by 20 percent.  (Civil Code Section  
            714)

          3)Allows the association of a common interest development to  
            restrict the installation of solar energy systems within the  
            common area, require the owner of a separate interest to  
            obtain approval prior to installing a system on their separate  
            interest, and require the maintenance, replacement or repair  
            of roofs or other building components.  (Civil Code Section  
            714.1)

           FISCAL EFFECT  :   Unknown.









                                                                  AB 1407
                                                                  Page  2

           COMMENTS  :   

           Background  
          According to the author, "Several jurisdictions in California  
          have established policies or procedures that make the  
          installation of solar energy systems difficult, if not  
          impossible."  While existing law addresses this issue as it  
          relates to homeowner's associations it does not apply to cities,  
          counties or other public entities.  Besides prohibiting these  
          entities from imposing these restrictions or limitations the  
          bill denies them from receiving state funds that are offered for  
          solar energy programs.

           Staff Comments  
          The author's office indicates that some of the cities that have  
          had prior problems regarding the restriction or prohibition of  
          solar energy systems include Santa Barbara, Glendale, Palm  
          Springs, Lakewood, Yorba Linda, Cerritos, Fullerton, Long Beach,  
          and the County of Fresno.  It was not clear what those specific  
          problems were and the author is working with the sponsor to  
          provide that information.

           REGISTERED SUPPORT / OPPOSITION  :   

           Support 
           
          California Solar Energy Industries Association (Sponsor)
          AMECO, Long Beach
          EcoEnergies, Sunnyvale
          GO Solar Company, North Hollywood
          Light Energy Systems, Concord
          Performance Solar Inc., Escondido
          POCO Solar Energy, Santa Clara
          Short Electric, Anza
          Six Rivers Solar, Inc., Eureka
          SoCal Solar Energy, Mission Viejo
          Solarponics, Inc., Atascadero
          Solar Wind Works, Truckee
          SOLutions in Solar Electricity, Culver City
          Sun Utility Network, Inc., Glendale

           Opposition 
           
          None on file.
           








                                                                 AB 1407
                                                                  Page  3

          Analysis Prepared by  :    Jay Barkman / H. & C.D. / (916)  
          319-2085