BILL ANALYSIS 1
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SENATE ENERGY, UTILITIES AND COMMUNICATIONS COMMITTEE
DEBRA BOWEN, CHAIRWOMAN
AB 1407 - Wolk Hearing Date:
June 24, 2003 A
As Amended: June 11, 2003 Non-FISCAL B
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DESCRIPTION
Current law makes any condition contained in any deed or contract
affecting the transfer or sale of property that effectively
prohibits or restricts the installation or use of a solar energy
system void and unenforceable. However, reasonable restrictions
that don't significantly increase the cost of the solar energy
system are permitted.
This bill subjects public entities to these provisions. If the
public entity fails to comply, this bill precludes it from
receiving funds from a state-sponsored solar energy grant or loan
programs.
BACKGROUND
Since 1978, a California statute known as the California Solar
Rights Act has barred restrictions on the installation of solar
energy systems.
According to the California Solar Energy Industries Association
(CALSEIA), some local governments have imposed restrictions or
overly complicated permitting reviews on the installation of
residential and commercial solar systems:
City of Santa Ana won't permit solar installations that are
visible from the street.
Fresno County required a homeowner to install a second roof
underneath an existing roof before a roof-mounted photovoltaic
system could be installed.
COMMENTS
1.Approve . . . Or Else . Arguably, the California Solar Rights Act
doesn't prevent them from barring or imposing restrictions on the
installation of solar energy systems.
This bill doesn't subject local governments to the Act directly,
but it does "encourage" them to adhere to the provisions of the
Act by making them ineligible for state-sponsored grant and loan
programs if they don't meet those provisions.
The language in the bill is somewhat confusing in that it bars
any covenant in any deed which effectively prohibits the
installation or use of a solar energy system, but it then applies
this provision to public entities, which have no role in any deed
except in cases where the public entity owns the property. The
author and committee may wish to consider clarifying the language
as follows:
Page 2. Delete lines 8 - 15.
Page 3, Line 24: At the end of the sentence add:
"(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 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."
1.Which Programs Are We Talking About? The state-sponsored grant
and loan programs referenced in the bill include the renewable
energy grant program administered by the California Energy
Commission and a distributed generation incentive program
administered by the California Public Utilities Commission.
ASSEMBLY VOTES
Assembly Floor (77-0)
Assembly Housing and Community Development Committee
(8-0)
POSITIONS
Sponsor:
California Solar Energy Industries Association
Support:
AMECO
EcoEnergies
GO Solar Company
Light Energy Systems
Performance Solar Inc.
POCO Solar Energy
Short Electric
Six Rivers Solar, Inc.
SoCal Solar Energy
Solar Wind Works
Solarponics, Inc.
SOLutions in Solar Electricity
SUN Utility Network
Oppose:
None on file
Randy Chinn
AB 1407 Analysis
Hearing Date: June 24, 2003