as amended, Lopez.
begin deleteSolar energy systems: end deletereal property restrictions.
Existing law prohibits 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 from effectively prohibiting or restricting the installation or use of a solar energy system.end delete
This bill would prohibit these instruments or a rental agreement or lease from effectively prohibiting or restricting the installation or use of a solar energy system, including a clothesline.end delete
Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.
The people of the State of California do enact as follows:
2immediately following Section 1940.10
2following Section 4750
Section 714 of the Civil Code is amended to read:
(a) Any covenant, restriction, or condition contained in
26any rental agreement, lease, deed, contract, security instrument,
27or other instrument affecting the transfer or sale of, or any interest
28in, real property, and any provision of a governing document, as
29defined in Section 4150 or 6552, that effectively prohibits or
30restricts the installation or use of a solar energy system, including
31a clothesline, is void and unenforceable.
32(b) This section
does not apply to provisions that impose
33reasonable restrictions on solar energy systems. However, it is the
34policy of the state to promote and encourage the use of solar energy
35systems and to remove obstacles thereto. Accordingly, reasonable
36restrictions on a solar energy system are those restrictions that do
37not significantly increase the cost of the system or significantly
38decrease its efficiency or specified performance, or that allow for
39an alternative system of comparable cost, efficiency, and energy
P4 1(c) (1) A solar energy system shall meet applicable health and
2safety standards and requirements imposed by state and local
3permitting authorities, consistent with Section 65850.5 of the
5(2) Solar energy systems used for heating water in single family
6residences and solar collectors used for heating water in
7 commercial or swimming pool applications shall be certified by
8an accredited listing agency as defined in the Plumbing and
10(3) A solar energy system for producing electricity shall also
11meet all applicable safety and performance standards established
12by the California Electrical Code, the Institute of Electrical and
13Electronics Engineers, and accredited testing laboratories such as
14Underwriters Laboratories and, where applicable, rules of the
15Public Utilities Commission regarding safety and reliability.
16(d) For the purposes of this section:
17(1) (A) For solar domestic water heating systems or solar
18swimming pool heating systems that comply with state and federal
19law, “significantly” means an amount exceeding 10 percent of the
20cost of the system, but in no case more than one thousand dollars
21($1,000), or decreasing the efficiency of the solar energy system
22by an amount exceeding 10 percent, as originally specified and
24(B) For photovoltaic systems that comply with state and federal
25law, “significantly” means an amount not to exceed one thousand
26dollars ($1,000) over the system cost as originally specified and
27proposed, or a decrease in system efficiency of an amount
28exceeding 10 percent as originally specified and proposed.
29(2) “Solar energy system” has the same meaning as defined in
30paragraphs (1) and (2) of subdivision (a) of Section 801.5.
31(e) (1) Whenever approval is required for the installation or
32use of a solar energy system, the application for approval shall be
33processed and approved by the appropriate approving entity in the
34same manner as an application for approval of an architectural
35modification to the property, and shall not be willfully avoided or
37(2) For an approving entity that is an association, as defined in
38Section 4080 or 6528, and that is not a public entity, both of the
39following shall apply:
40(A) The approval or denial of an application shall be in writing.
P5 1(B) If an application is not denied in writing within 45 days
2from the date of receipt of the application, the application shall be
3deemed approved, unless that delay is the result of a reasonable
4request for additional information.
5(f) Any entity, other than a public entity, that willfully violates
6this section shall be liable to the applicant or other party for actual
7damages occasioned thereby, and shall pay a civil penalty to the
8applicant or other party in an amount not to exceed one thousand
10(g) In any action to enforce compliance with this section, the
11prevailing party shall be awarded reasonable attorney’s fees.
12(h) (1) A public entity that fails to comply with this section
13may not receive funds from a state-sponsored grant or loan program
14for solar energy. A public entity shall certify its compliance with
15the requirements of this section when applying for funds from a
16state-sponsored grant or loan program.
17(2) A local public entity may not exempt residents in its
18jurisdiction from the requirements of this section.