BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 1407
                                                                  Page  1

          ASSEMBLY THIRD READING
          AB 1407 (Wolk)
          As Introduced February 21, 2003
          Majority vote 

           HOUSING             8-0                                         
           
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          |Ayes:|Lowenthal, Mountjoy,      |     |                          |
          |     |Dutra, Kehoe, Mullin,     |     |                          |
          |     |Runner, Salinas,          |     |                          |
          |     |Steinberg                 |     |                          |
          |-----+--------------------------+-----+--------------------------|
          |     |                          |     |                          |
           ----------------------------------------------------------------- 
           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   
          prohibits:  

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

          2)Local public entities from exempting residents of its  
            jurisdiction from the laws prohibiting unreasonable  
            restrictions or denials 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%. 

          3)Allows the association of a common interest development to  
            restrict the installation of solar energy systems within the  
            common area, to require prior approval prior to installing a  
            system, and require the maintenance, replacement or repair of  
            roofs or other building components. 








                                                                  AB 1407
                                                                  Page  2


           FISCAL EFFECT  :  Unknown

           COMMENTS  :   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.


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


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