Bill Text: NC H724 | 2011-2012 | Regular Session | Amended
Bill Title: Omnibus Energy Bill
Spectrum: Partisan Bill (Democrat 9-0)
Status: (Introduced - Dead) 2011-04-07 - Ref to the Com on Commerce and Job Development, if favorable, Environment [H724 Detail]
Download: North_Carolina-2011-H724-Amended.html
GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2011
H 1
HOUSE BILL 724
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Short Title: Omnibus Energy Bill. |
(Public) |
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Sponsors: |
Representatives Harrison, Luebke, and Fisher (Primary Sponsors). For a complete list of Sponsors, see Bill Information on the NCGA Web Site. |
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Referred to: |
Commerce and Job Development, if favorable, Environment. |
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April 7, 2011
A BILL TO BE ENTITLED
AN ACT to (1) amend the definition of "renewable energy resource" that pertains to the renewable energy and energy efficiency portfolio standard (REPS) to clarify that plantation‑grown wood is a renewable energy resource; (2) repeal REPS requirement for poultry waste resources; AND (3) clarify current limitations on city ordinances and county ordinances that regulate the installation of solar collectors for residential property And the current limitations on deed restrictions that regulate the installation of solar collectors for residential property.
The General Assembly of North Carolina enacts:
SECTION 1. G.S. 62‑133.8(a) reads as rewritten:
"(a) Definitions. – As used in this section:
…
(5a) "Plantation‑grown wood" means wood, forest residuals, and other woody material derived from a forest stand in existence on January 1, 2011, that has been artificially planted and harvested in accordance with Forest Practice Guidelines Related to Water Quality, the best management practices adopted by the Technical Advisory Committee as required under G.S. 113A‑52.1(c).
…
(8) "Renewable energy resource" means a solar electric, solar thermal, wind, hydropower, geothermal, or ocean current or wave energy resource; a biomass resource, including agricultural waste, animal waste, wood waste, plantation‑grown wood, spent pulping liquors, combustible residues, combustible liquids, combustible gases, energy crops, or landfill methane; waste heat derived from a renewable energy resource and used to produce electricity or useful, measurable thermal energy at a retail electric customer's facility; or hydrogen derived from a renewable energy resource. "Renewable energy resource" does not include peat, whole trees from natural forests or other nonplanted forests, fossil fuel, or nuclear energy resource."
SECTION 2. G.S. 62‑133.8(f) is repealed.
SECTION 3. G.S. 160A‑201 reads as rewritten:
"§ 160A‑201. Limitations on regulating solar collectors.
(a) Except as provided in subsection (c) (b)
of this section, no city ordinance shall prohibit, or have the effect of
prohibiting, the installation of a solar collector that gathers solar radiation
as a substitute for traditional energy for water heating, active space heating
and cooling, passive heating, or generating electricity for a residential
property, and no person shall be denied permission by a city to install a solar
collector that gathers solar radiation as a substitute for traditional energy
for water heating, active space heating and cooling, passive heating, or
generating electricity for a residential property. As used in this section, the
term "residential property" means property where the predominant use
is for residential purposes.
(b) This section does not prohibit an ordinance
regulating the location or screening of solar collectors as described in
subsection (a) of this section, provided the ordinance does not have the
effect of preventing the reasonable unreasonably restrict installation
or use of a solar collector for a residential property. For the purposes
of this section, a restriction that renders the device more than twenty‑five
percent (25%) less efficient or increases the cost of the device by more than fifteen
percent (15%) of the amount that was originally specified for the system, shall
be deemed to be unreasonable.
(c) This section does not prohibit an
ordinance that would prohibit the location of solar collectors as described in
subsection (a) of this section that are visible by a person on the ground:
(1) On the facade of a structure that faces
areas open to common or public access;
(2) On a roof surface that slopes downward
toward the same areas open to common or public access that the facade of the
structure faces; or
(3) Within the area set off by a line running
across the facade of the structure extending to the property boundaries on
either side of the facade, and those areas of common or public access faced by
the structure.
(d) In any civil action arising under this section, the court may award costs and reasonable attorneys' fees to the prevailing party."
SECTION 4. G.S. 153A‑144 reads as rewritten:
"§ 153A‑144. Limitations on regulating solar collectors.
(a) Except as provided in subsection (c) (b)
of this section, no county ordinance shall prohibit, or have the effect of
prohibiting, the installation of a solar collector that gathers solar radiation
as a substitute for traditional energy for water heating, active space heating
and cooling, passive heating, or generating electricity for a residential
property. No person shall be denied permission by a county to install a solar
collector that gathers solar radiation as a substitute for traditional energy
for water heating, active space heating and cooling, passive heating, or
generating electricity for a residential property. As used in this section, the
term "residential property" means property where the predominant use
is for residential purposes.
(b) This section does not prohibit an ordinance
regulating the location or screening of solar collectors as described in
subsection (a) of this section, provided the ordinance does not have the
effect of preventing the reasonableunreasonably restrict installation or
use of a solar collector for a residential property. For the purposes of
this section, a restriction that renders the device more than twenty‑five
percent (25%) less efficient or increases the cost of the device by more than
fifteen percent (15%) of the amount that was originally specified for the
system, shall be deemed to be unreasonable.
(c) This section does not prohibit an ordinance
that would prohibit the location of solar collectors as described in subsection
(a) of this section that are visible by a person on the ground:
(1) On the facade of a structure that faces
areas open to common or public access;
(2) On a roof surface that slopes downward
toward the same areas open to common or public access that the facade of the
structure faces; or
(3) Within the area set off by a line running
across the facade of the structure extending to the property boundaries on
either side of the facade, and those areas of common or public access faced by
the structure.
(d) In any civil action arising under this section, the court may award costs and reasonable attorneys' fees to the prevailing party."
SECTION 5. G.S. 22B‑20 reads as rewritten:
"§ 22B‑20. Deed restrictions and other agreements prohibiting solar collectors.
(a) The intent of the General Assembly is to protect the public health, safety, and welfare by encouraging the development and use of solar resources and by prohibiting deed restrictions, covenants, and other similar agreements that could have the ultimate effect of driving the costs of owning and maintaining a residence beyond the financial means of most owners.
(b) Except as provided in subsection (d)(c)
of this section, any deed restriction, covenant, or similar binding agreement
that runs with the land that would prohibit, or have the effect of prohibiting,
the installation of a solar collector that gathers solar radiation as a
substitute for traditional energy for water heating, active space heating and
cooling, passive heating, or generating electricity for a residential property
on land subject to the deed restriction, covenant, or agreement is void and
unenforceable. As used in this section, the term "residential property"
means property where the predominant use is for residential purposes. The term "residential
property" does not include any condominium created under Chapter 47A or
47C of the General Statutes located in a multi‑story building containing
units having horizontal boundaries described in the declaration. As used in
this section, the term "declaration" has the same meaning as in G.S. 47A‑3
or G.S. 47C‑1‑103, depending on the chapter of the General
Statutes under which the condominium was created.
(c) This section does not prohibit a deed restriction,
covenant, or similar binding agreement that runs with the land that would
regulate the location or screening of solar collectors as described in
subsection (b) of this section, provided the deed restriction, covenant, or
similar binding agreement does not unreasonably restrict installation or use
of a solar collector for a residential property. For the purposes of this
section, a restriction that renders the device more than twenty‑five
percent (25%) less efficient or increases the cost of the device by more than
fifteen percent (15%) of the amount that was originally specified for the
system, shall be deemed to be unreasonable.have the effect of preventing
the reasonable use of a solar collector for a residential property. If an
owners' association is responsible for exterior maintenance of a structure
containing individual residences, a deed restriction, covenant, or similar
binding agreement that runs with the land may provide that (i) the title owner
of the residence shall be responsible for all damages caused by the
installation, existence, or removal of solar collectors; (ii) the title owner
of the residence shall hold harmless and indemnify the owners' association for
any damages caused by the installation, existence, or removal of solar
collectors; and (iii) the owners' association shall not be responsible for
maintenance, repair, replacement, or removal of solar collectors unless
expressly agreed in a written agreement that is recorded in the office of the
register of deeds in the county or counties in which the property is situated.
As used in this section, "owners' association" has the same meaning
as in G.S. 47F‑1‑103.
(d) This section does not prohibit a deed
restriction, covenant, or similar binding agreement that runs with the land
that would prohibit the location of solar collectors as described in subsection
(b) of this section that are visible by a person on the ground:
(1) On the facade of a structure that faces
areas open to common or public access;
(2) On a roof surface that slopes downward
toward the same areas open to common or public access that the façade of the
structure faces; or
(3) Within the area set off by a line running
across the façade of the structure extending to the property boundaries on
either side of the façade, and those areas of common or public access faced by
the structure.
(e) In any civil action arising under this section, the court may award costs and reasonable attorneys' fees to the prevailing party."
SECTION 6. Section 3 through Section 5 of this act becomes effective October 1, 2011. The remaining sections of this act are effective when the act becomes law.
