BILL ANALYSIS
AB 1407
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CONCURRENCE IN SENATE AMENDMENTS
AB 1407 (Wolk)
As Amended July 1, 2003
Majority vote
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|ASSEMBLY: |77-0 |(May 12, 2003) |SENATE: |32-0 |(July 24, |
| | | | | |2003) |
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Original Committee Reference: H. & C.D.
SUMMARY : Prohibits a public entity from imposing restrictions on
real property that prohibit or restrict the installation or use
of a solar energy system and restricts state funds for solar
energy programs to jurisdictions that comply with this
requirement. Prohibits a local jurisdiction from exempting its
residents from the requirement that solar energy systems be
allowed as permitted by state law.
The Senate amendments redraft and clarify the provisions of this
bill that prohibit local governments from receiving
state-sponsored grants or loans unless they comply with the
provisions of this bill. The amendments also make technical
changes.
EXISTING LAW :
1)Provides that 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 is void and unenforceable.
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 20% 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.
AS PASSED BY THE ASSEMBLY , this bill:
AB 1407
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1)Prohibited 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)Prohibited local public entities from exempting residents of
its jurisdiction from the laws prohibiting unreasonable
restrictions or denials solar energy systems.
FISCAL EFFECT : The bill is keyed non-fiscal.
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 this
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
FN: 0002121