BILL NUMBER: AB 1448	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 23, 2015

INTRODUCED BY   Assembly Member Lopez

                        FEBRUARY 27, 2015

   An act to  amend Section 714 of   add
Sections 1940.20 and 4750.10 to  the Civil Code, relating to
real property.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 1448, as amended, Lopez.  Solar energy systems:
  Personal energy conservation:  real property
restrictions. 
   (1) Existing law requires a landlord to permit a tenant to
participate in personal agriculture in portable containers approved
by the landlord if certain conditions are met, including, among
others, that the plant crop will not interfere with the maintenance
of the rental property.  
   This bill would require a landlord to permit a tenant to utilize a
clothesline or drying rack, as defined, approved by the landlord in
the tenant's private area, as defined, if certain conditions are met,
including, among others, that the clothesline or drying rack will
not interfere with the maintenance of the rental property. The bill
would specify that these provisions do not prohibit reasonable time
or location restrictions. 
   (2) Under existing law, any provision of a governing document, as
defined, that effectively prohibits or unreasonably restricts the use
of a homeowner's backyard for personal agriculture, as defined, is
void and unenforceable, unless it imposes a reasonable restriction,
as defined, on the use of a homeowner's backyard.  
   This bill would make any provision of a governing document, as
defined, void and unenforceable if it effectively prohibits or
unreasonably restricts the use of a homeowner's backyard for personal
energy conservation purposes, including, but not limited to, the use
of a clothesline, as defined, or any other similar device, except
that reasonable restrictions, as defined, would be enforceable. The
bill would specify that these provisions would only apply to yards
that are designated for the exclusive use of the homeowner. 

   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.  
   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. 

   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 1940.20 is added to the 
 Civil Code   ,  immediately following Section
1940.10  , to read:  
   1940.20.  (a) For purposes of this section, the following
definitions shall apply:
   (1) "Clothesline" includes a cord, rope, or wire from which
clothes may be hung to dry or air.
   (2) "Drying rack" means an apparatus from which clothes may be
hung to dry or air.
   (3) "Private area" means an outdoor area or an area in the tenant'
s premises enclosed by a wall or fence with access from a door of the
premises.
   (b) A landlord shall permit a tenant to utilize a clothesline or
drying rack approved by the landlord in the tenant's private area if
both of the following conditions are met:
   (1) The clothesline or drying rack shall not interfere with the
maintenance of the rental property.
   (2) The clothesline or drying rack shall not create a health or
safety hazard, block doorways, or interfere with walkways or utility
service equipment.
   (c) This section does not prohibit reasonable time or location
restrictions. 
   SEC. 2.    Section 4750.10 is added to the  
Civil Code   ,  immediately following Section 4750
 , to read:  
   4750.10.  (a) For purposes of this section, "clothesline" has the
same definition as in Section 1940.20.
   (b) Any provision of a governing document, as defined in Section
4150, shall be void and unenforceable if it effectively prohibits or
unreasonably restricts the use of a homeowner's backyard for personal
energy conservation purposes, including, but not limited to, the use
of a clothesline or any similar device.
   (c) (1) This section does not apply to provisions that impose
reasonable restrictions on the use of a homeowner's yard for personal
energy conservation purposes, including the use of a clothesline or
any similar device.
   (2) For purposes of this section, "reasonable restrictions" are
restrictions that do not significantly increase the cost of engaging
in personal energy conservation, including the use of a clothesline
or any similar device, or significantly decrease the efficiency of
personal energy conservation.
   (3) This section applies only to yards that are designated for the
exclusive use of the homeowner.
   (d) Nothing in this section shall prohibit an association from
establishing and enforcing reasonable rules governing clotheslines or
any similar device.  
  SECTION 1.    Section 714 of the Civil Code is
amended to read:
   714.  (a) Any covenant, restriction, or condition contained in any
rental agreement, lease, 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 Section 4150 or 6552, that effectively prohibits or
restricts the installation or use of a solar energy system, including
a clothesline, 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, consistent with Section 65850.5 of the
Government Code.
   (2) Solar energy systems used for heating water in single family
residences and solar collectors used for heating water in commercial
or swimming pool applications shall be certified by an accredited
listing agency as defined in the Plumbing and Mechanical Codes.
   (3) A solar energy system for producing electricity shall also
meet all applicable safety and performance standards established by
the California 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 10 percent of the cost of
the system, but in no case more than one thousand dollars ($1,000),
or decreasing the efficiency of the solar energy system by an amount
exceeding 10 percent, as originally specified and proposed.
   (B) For photovoltaic systems that comply with state and federal
law, "significantly" means an amount not to exceed one thousand
dollars ($1,000) over the system cost as originally specified and
proposed, or a decrease in system efficiency of an amount exceeding
10 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 an association, as defined in
Section 4080 or 6528, 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 45 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.