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| PRIOR PRINTER'S NOS. 3162, 3795 | PRINTER'S NO. 3962 |
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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| HOUSE BILL |
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| INTRODUCED BY HOUGHTON, SANTARSIERO, MURPHY, BRADFORD, VITALI, McILVAINE SMITH, KORTZ, GEORGE, BELFANTI, BROWN, CALTAGIRONE, CUTLER, JOSEPHS, SABATINA, M. SMITH AND SWANGER, JANUARY 29, 2010 |
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| AS AMENDED ON SECOND CONSIDERATION, HOUSE OF REPRESENTATIVES, JUNE 22, 2010 |
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| AN ACT |
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1 | Amending Title 68 (Real and Personal Property) of the |
2 | Pennsylvania Consolidated Statutes, prohibiting deed |
3 | restrictions pertaining to environmental improvements to | <-- |
4 | property solar energy systems. | <-- |
5 | The General Assembly of the Commonwealth of Pennsylvania |
6 | hereby enacts as follows: |
7 | Section 1. Title 68 of the Pennsylvania Consolidated |
8 | Statutes is amended by adding a section to read: |
9 | § 7104. Prohibition of deed restrictions pertaining to |
10 | environmental property improvements solar energy | <-- |
11 | systems. |
12 | (a) General rule.--Except as provided in subsection (b), no |
13 | deed restrictions, covenants or similar binding agreements |
14 | running with the land shall prohibit or have the effect of |
15 | prohibiting a solar energy system or other energy device based | <-- |
16 | on a renewable resource from being installed on a building | <-- |
17 | residential dwelling erected on a lot or parcel covered by the | <-- |
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1 | deed restrictions, covenants or binding agreements. A property |
2 | owner may not be denied permission to install a solar energy |
3 | system or other energy device based on a renewable resource by | <-- |
4 | any entity granted the power or right in any deed restriction, |
5 | covenant or similar binding agreement to approve, forbid, |
6 | control or direct alteration of property with respect to |
7 | residential dwellings or real property. | <-- |
8 | (b) Associations.--The governing documents of an association | <-- |
9 | (b) Exceptions.-- | <-- |
10 | (1) This section shall not apply to: |
11 | (i) Land subject to an agricultural conservation |
12 | easement under the act of June 30, 1981 (P.L.128, No.43), |
13 | known as the Agricultural Area Security Law. |
14 | (ii) A freestanding solar energy system that is |
15 | placed on a parcel of land within a deeded property. |
16 | (iii) A deed restriction, covenant or similar |
17 | binding agreement that affects land subject to open space |
18 | uses, as the term is defined in section 2(4) of the act |
19 | of January 19, 1968 (1967 P.L.992, No.442) entitled "An |
20 | act authorizing the Commonwealth of Pennsylvania and the |
21 | local government units thereof to preserve, acquire or |
22 | hold land for open space uses." |
23 | (2) The governing documents of an association created |
24 | pursuant to Subpart B (relating to condominiums) or Subpart D |
25 | (relating to planned communities) may provide reasonable |
26 | regulation of solar panels and other renewable resource | <-- |
27 | energy devices energy panels for the following purposes: | <-- |
28 | (1) (I) To require that the solar panel or other | <-- |
29 | renewable resource energy device meets energy panels meet | <-- |
30 | applicable health and safety standards and requirements |
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1 | imposed by State and local permitting authorities. |
2 | (2) If (ii) To require that, if used to heat water, | <-- |
3 | the device is solar energy panels are certified by the | <-- |
4 | Solar Rating and Certification Corporation or other |
5 | nationally recognized certification agency. Certification |
6 | must be for the device itself solar energy panels | <-- |
7 | themselves and for the method of installation. |
8 | (3) If (iii) To require that, if used to produce | <-- |
9 | electricity, the device meets solar energy panels meet | <-- |
10 | all applicable safety and performance standards |
11 | established by the National Electric Code, the Institute |
12 | of Electrical and Electronics Engineers, accredited |
13 | testing laboratories, such as Underwriters Laboratories, |
14 | and applicable rules of agencies of the Commonwealth |
15 | regarding safety and reliability. |
16 | (4) (iv) To prohibit the visibility of any part of a | <-- |
17 | roof-mounted device solar energy panels above the roof | <-- |
18 | line. |
19 | (5) (v) To require that a solar energy panel frame, | <-- |
20 | a support bracket or any visible piping or wiring to be |
21 | painted to coordinate with the roofing material. |
22 | (6) (vi) To require unit owners installing solar | <-- |
23 | energy panels and other renewable resource energy devices | <-- |
24 | to indemnify or reimburse the association or its members |
25 | for loss or damage caused by the installation, |
26 | maintenance or use of the device solar energy panels. | <-- |
27 | (7) (vii) To include other reasonable rules | <-- |
28 | regarding the placement of solar energy panels and other | <-- |
29 | renewable resource energy devices so as to maintain the |
30 | aesthetic qualities of the buildings and grounds of the |
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1 | community. |
2 | (c) Exception.--This section shall not apply to freestanding | <-- |
3 | solar energy systems that are placed on a parcel of land within |
4 | deeded property. |
5 | Section 2. This act shall take effect in 60 days. |
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