BILL NUMBER: AB 2180 AMENDED
BILL TEXT
AMENDED IN SENATE JULY 10, 2008
AMENDED IN SENATE JUNE 19, 2008
AMENDED IN ASSEMBLY MAY 5, 2008
AMENDED IN ASSEMBLY APRIL 21, 2008
INTRODUCED BY Assembly Member Lieu
(Coauthor: Assembly Member Garcia)
FEBRUARY 20, 2008
An act to amend Section 714 of the Civil Code, relating to solar
energy.
LEGISLATIVE COUNSEL'S DIGEST
AB 2180, as amended, Lieu. Solar energy.
Existing law provides that a 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, except as specified. Existing law provides that
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. Any entity,
other than a public entity, that willfully violates these provisions
is liable to the applicant or other party for actual damages and must
pay a civil penalty to the applicant or other party in an amount not
to exceed $1,000.
This bill would require that an approval or denial of an
application be in writing. The bill would also provide that an
application shall be deemed approved unless it has been denied in
writing within 60 days from the date of receipt of the application,
unless the delay is the result of a reasonable request for additional
information. These provisions would apply only to an approving
entity that is a homeowners' association, and that is not a public
entity.
This bill would incorporate changes made by AB 1892 that would
become operative if both bills are enacted and this bill is enacted
after AB 1892.
Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.
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 health and
safety 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) (A) For solar domestic water heating systems or solar swimming
pool heating systems that comply with state and federal law,
"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.
(B) For photovoltaic systems that comply with state and federal
law, "significantly" means an amount not to exceed two thousand
dollars ($2,000) over the system cost as originally specified and
proposed, or a decrease in system efficiency of an amount exceeding
20 percent as originally specified and proposed.
(2) "Solar energy system" has the same meaning as defined in
paragraphs (1) and (2) of subdivision (a) of Section 801.5.
(e) (1) 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.
(2) For an approving entity that is a homeowners' association, as
defined in subdivision (a) of Section 1351, and that is not a public
entity, both of the following shall apply:
(A) The approval or denial of an application shall be in writing.
(B) If an application is not denied in writing within 60 days from
the date of receipt of the application, the application shall be
deemed approved, unless that delay is the result of a reasonable
request for additional information.
(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 a
state-sponsored grant or loan program.
(2) A local public entity may not exempt residents in its
jurisdiction from the requirements of this section.
SEC. 2. 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 , and
any provision of a governing document, as defined in subdivision (j)
of Section 1351, 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 health and
safety 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) (A) For solar domestic water heating systems or solar swimming
pool heating systems that comply with state and federal law,
"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.
(B) For photovoltaic systems that comply with state and federal
law, "significantly" means an amount not to exceed two thousand
dollars ($2,000) over the system cost as originally specified and
proposed, or a decrease in system efficiency of an amount exceeding
20 percent as originally specified and proposed.
(2) "Solar energy system" has the same meaning as defined in
paragraphs (1) and (2) of subdivision (a) of Section 801.5.
(e) (1) 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.
(2) For an approving entity that is a homeowners' association, as
defined in subdivision (a) of Section 1351, and that is not a public
entity, both of the following shall apply:
(A) The approval or denial of an application shall be in writing.
(B) If an application is not denied in writing within 60 days from
the date of receipt of the application, the application shall be
deemed approved, unless that delay is the result of a reasonable
request for additional information.
(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 a
state-sponsored grant or loan program.
(2) A local public entity may not exempt residents in its
jurisdiction from the requirements of this section.
SEC. 3. Section 2 of this bill incorporates
amendments to Section 714 of the Civil Code proposed by both this
bill and AB 1892. It shall only become operative if (1) both bills
are enacted and become effective on or before January 1, 2009, (2)
each bill amends Section 714 of the Civil Code, and (3) this bill is
enacted after AB 1892, in which case Section 1 of this bill shall not
become operative.