Bill Text: CA SB522 | 2017-2018 | Regular Session | Amended
Bill Title: West Contra Costa Healthcare District.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2018-07-18 - Chaptered by Secretary of State. Chapter 133, Statutes of 2018. [SB522 Detail]
Download: California-2017-SB522-Amended.html
|
Amended
IN
Senate
September 12, 2017 |
|
Amended
IN
Senate
March 29, 2017 |
| Senate Bill | No. 522 |
| Introduced by Senator Glazer |
February 16, 2017 |
LEGISLATIVE COUNSEL'S DIGEST
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. Existing law exempts from that prohibition provisions that impose reasonable restrictions on a solar energy system that do not significantly increase the cost of the system or significantly decrease its efficiency or specified performance. Existing law requires, whenever approval is required for the installation or use of a solar energy system, the application for approval to 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. Existing law imposes specified requirements upon an approving entity that is the governing association of a common interest development.
This bill would require, if the approval of an architectural modification requires a vote of the membership of the association, that only the percentage of the votes submitted on the architectural modification be counted to determine this approval.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee:Bill Text
The people of the State of California do enact as follows:
SECTION 1.
The Legislature finds and declares all of the following:SEC. 2.
Section 32100.8 is added to the Health and Safety Code, to read:32100.8.
(a) The following definitions shall apply for purposes of this section:SEC. 3.
The Legislature finds and declares that a special statute is necessary and that a general statute cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the special circumstances related to the operation and fiscal status of the West Contra Costa Healthcare District in the County of Contra Costa.SEC. 4.
If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.The Legislature hereby finds and declares all of the following:
(a)The existing approval process within a common interest development for the approval of architectural modifications is a burden to entry for rooftop solar installation.
(b)This approval process requires
a vote by mail election paid for by the person seeking to install the solar energy system.
(c)These elections can be very expensive, sometimes thousands of dollars and represent an immediate barrier. Furthermore, the vote by mail process is slanted against approval for the solar energy system.
(d)Vote by mail ballots that are not returned during these elections are counted as votes in opposition. Multiple instances have shown that the returned votes favor the installation of the solar energy system, but when the ballots that are not cast are counted as “no” votes, the outcome can be reversed.
(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 Section 4150 or 6552, 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, 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,
all 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.
(C)Notwithstanding paragraph (1), if the approval of an architectural modification requires a vote of the membership of the association, then only the percentage of the votes submitted on the architectural modification shall be counted to determine this approval.
(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.
