SB 631 Prohibits planned communities from barring the installation of solar energy systems
Sponsor: Holsman
LR Number: 4907S.01I Fiscal Notes
Committee: Commerce, Consumer Protection, Energy and the Environment
Last Action: 1/26/2016 - Hearing Conducted S Commerce, Consumer Protection, Energy and the Environment Committee Journal Page:
Title: Calendar Position:
Effective Date: August 28, 2016

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Current Bill Summary

SB 631 - Under this act, any restriction, rule, or regulation of a homeowners' association that prohibits, or has the effect of prohibiting, the installation of a solar energy system is expressly prohibited.

This act provides that a solar energy system shall meet applicable standards and requirements imposed by state and local permitting authorities.

Under this act, a homeowners' association may adopt reasonable rules and regulations regarding the placement of solar energy systems so long as they do not prevent the installation of the system, impair the functioning of the system, restrict the system's use, or adversely affect the cost or efficiency of the solar energy system. All rules adopted by the homeowners' association shall be provided to all members, and shall be made available to prospective owners upon request.

In any judicial proceeding arising under this act, the prevailing party shall be entitled to recover reasonable attorney fees and costs.

This act is identical to SB 47 (2015), SB 579 (2014), and is similar to HB 2152 (2016) and SB 368 (2013).