Bill Text: IA HF2135 | 2015-2016 | 86th General Assembly | Introduced
Bill Title: A bill for an act relating to installation, operation, and use of solar energy systems.
Sponsorship: Partisan Bill (Democrat 1)
Status: (Introduced - Dead) 2016-02-04 - Subcommittee, Cownie, Forbes, and Grassley. H.J. 172. [HF2135 Detail]
Download: Iowa-2015-HF2135-Introduced.html
House File 2135 - Introduced HOUSE FILE BY MASCHER A BILL FOR 1 An Act relating to installation, operation, and use of solar 2 energy systems. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: TLSB 5388YH (7) 86 gh/sc PAG LIN 1 1 Section 1. NEW SECTION. 335.28 Limitations on restrictions 1 2 of solar energy systems. 1 3 1. As used in this section, unless the context otherwise 1 4 requires: 1 5 a. "Solar energy" means energy emitted from the sun. 1 6 b. "Solar energy system" means equipment that directly 1 7 converts and then transfers or stores solar energy into usable 1 8 forms of thermal or electrical energy, including a solar 1 9 collector as defined in section 564A.2. 1 10 2. A county shall not adopt or enforce an ordinance or 1 11 other regulation that restricts, directly or indirectly, the 1 12 installation, operation, or use of a solar energy system unless 1 13 the ordinance or regulation satisfies any of the following 1 14 conditions: 1 15 a. The ordinance or regulation serves to protect the public 1 16 health or safety. 1 17 b. The ordinance or regulation does not significantly 1 18 increase the cost of installation, operation, or use of the 1 19 solar energy system or significantly decrease the system's 1 20 efficiency or quantity of output. 1 21 c. The ordinance or regulation allows for alternative 1 22 installation, operation, and use of a solar energy system of 1 23 comparable cost and efficiency. 1 24 3. A county may, under the authority conferred by this 1 25 chapter, adopt an ordinance or other regulation that places 1 26 restrictions on obstructions to a solar energy system. 1 27 The ordinance or regulation may include a designation of 1 28 responsibility for the costs of limiting or abating the 1 29 obstruction. The ordinance or regulation may not require 1 30 the trimming of vegetation planted before the installation 1 31 of a solar energy system, unless the trimming is ordered as 1 32 enforcement of a different ordinance or regulation. The 1 33 ordinance or regulation shall apply to the entire county unless 1 34 a city in the county adopts an ordinance pursuant to section 1 35 414.26, subsection 3. 2 1 Sec. 2. NEW SECTION. 414.26 City zoning limitations on 2 2 restrictions of solar energy systems. 2 3 1. As used in this section, unless the context otherwise 2 4 requires: 2 5 a. "Solar energy" means energy emitted from the sun. 2 6 b. "Solar energy system" means equipment that directly 2 7 converts and then transfers or stores solar energy into usable 2 8 forms of thermal or electrical energy, including a solar 2 9 collector as defined in section 564A.2. 2 10 2. A city shall not adopt or enforce an ordinance or 2 11 other regulation that restricts, directly or indirectly, the 2 12 installation, operation, or use of a solar energy system unless 2 13 the ordinance or regulation satisfies any of the following 2 14 conditions: 2 15 a. The ordinance or regulation serves to protect the public 2 16 health or safety. 2 17 b. The ordinance or regulation does not significantly 2 18 increase the cost of installation, operation, or use of the 2 19 solar energy system or significantly decrease the system's 2 20 efficient operation or quantity of output. 2 21 c. The ordinance or regulation allows for alternative 2 22 installation, operation, and use of a solar energy system of 2 23 comparable cost and efficiency. 2 24 3. A city may, under the authority conferred by this 2 25 chapter, adopt an ordinance or other regulation that places 2 26 restrictions on obstructions to a solar energy system. 2 27 The ordinance or regulation may include a designation of 2 28 responsibility for the costs of limiting or abating the 2 29 obstruction. The ordinance may not require the trimming of 2 30 vegetation planted before the installation of a solar energy 2 31 system, unless the trimming is ordered as enforcement of a 2 32 different ordinance or regulation. A county ordinance or other 2 33 regulation adopted pursuant to section 335.28, subsection 3, 2 34 shall apply to the entire county unless a city in the county 2 35 adopts an ordinance pursuant to this section. 3 1 Sec. 3. Section 657.2, Code 2016, is amended by adding the 3 2 following new subsection: 3 3 NEW SUBSECTION. 13. Obstructing, as defined in section 3 4 657.12, operation or use of a solar energy system on a nearby 3 5 or adjoining property. 3 6 Sec. 4. NEW SECTION. 657.12 Obstruction of solar energy 3 7 systems == exceptions. 3 8 1. Except as provided in subsection 2, and notwithstanding 3 9 section 657.3, the owner of a solar energy system is entitled 3 10 to receive damages, court costs, and reasonable attorney fees 3 11 from any person who uses the person's property or who permits 3 12 any other person to use the person's property in any way that 3 13 creates or would create an obstruction of the owner's solar 3 14 energy system. The owner of the solar energy system shall have 3 15 the burden of showing by a preponderance of the evidence the 3 16 amount of the damages. 3 17 2. This section shall not apply to any of the following 3 18 obstructions: 3 19 a. An obstruction for which a building permit was issued 3 20 prior to the installation of the solar energy system. 3 21 b. An obstruction existing on or before the date of 3 22 installation of the solar energy system. 3 23 3. For purposes of this section: 3 24 a. "Obstruction" means the portion of a building or other 3 25 structure or vegetation that blocks solar energy from a solar 3 26 energy system between the hours of 9 a.m. to 3 p.m. standard 3 27 time. "Obstruction" shall not include blockage by a pole, wire, 3 28 television antenna, or radio antenna. 3 29 b. "Solar energy system" means the same as defined in 3 30 sections 335.28 and 414.26. 3 31 EXPLANATION 3 32 The inclusion of this explanation does not constitute agreement with 3 33 the explanation's substance by the members of the general assembly. 3 34 This bill relates to the installation, operation, and use of 3 35 solar energy systems by limiting local zoning authority and by 4 1 making certain obstructions an actionable nuisance. 4 2 The bill defines "solar energy system" to mean equipment 4 3 which directly converts and then transfers or stores solar 4 4 energy into usable forms of thermal or electrical energy. 4 5 The bill prohibits a county or city from adopting an 4 6 ordinance or other regulation that directly or indirectly 4 7 restricts the installation, operation, or use of a solar 4 8 energy system unless the ordinance preserves or protects the 4 9 public health or safety, does not significantly increase the 4 10 cost of the system or decrease its efficiency, or allows for 4 11 alternative installation, operation, or use of a solar energy 4 12 system of comparable cost and efficiency. 4 13 The bill authorizes a county or city to adopt an ordinance or 4 14 other regulation that places restrictions on obstructions to a 4 15 solar energy system, which may include responsibility for costs 4 16 of limiting or abating the obstruction, but cannot require the 4 17 trimming of vegetation planted before a solar energy system is 4 18 installed. If a county adopts such an ordinance it will apply 4 19 to the entire county unless a city adopts an ordinance. 4 20 The bill amends Code chapter 657, relating to nuisances, 4 21 by making it a nuisance to obstruct a solar energy system on 4 22 a nearby or adjoining property after the solar energy system 4 23 has been installed. The bill defines "obstruction" to mean 4 24 the portion of a structure or vegetation that blocks solar 4 25 energy from a solar energy system between the hours of 9 a.m. 4 26 to 3 p.m. standard time, not including blockage by a pole, 4 27 wire, television antenna, or radio antenna. A person who is 4 28 aggrieved of such a nuisance may bring a civil action to abate 4 29 the nuisance and recover damages, court costs, and reasonable 4 30 attorney fees from any person who uses their property or 4 31 who permits another person to use their property to create 4 32 an obstruction of the owner's solar energy system. The 4 33 bill requires the owner to prove damages by a preponderance 4 34 of the evidence. The bill does not allow damages for an 4 35 obstruction for which a building permit was issued prior to the 5 1 installation of the solar energy system, or an obstruction that 5 2 existed on or before the solar energy system was installed. LSB 5388YH (7) 86 gh/sc
