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HOUSE DOCKET, NO. 396 FILED ON: 1/12/2023
HOUSE . . . . . . . . . . . . . . . No. 3685
The Commonwealth of Massachusetts
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PRESENTED BY:
Josh S. Cutler
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To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:
The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
An Act ensuring solar energy access.
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PETITION OF:
NAME:DISTRICT/ADDRESS :DATE ADDED:Josh S. Cutler6th Plymouth1/12/2023Brian W. Murray10th Worcester1/25/2023Jack Patrick Lewis7th Middlesex1/31/2023Aaron L. Saunders7th Hampden2/23/2023Vanna Howard17th Middlesex2/27/2023 1 of 2
HOUSE DOCKET, NO. 396 FILED ON: 1/12/2023
HOUSE . . . . . . . . . . . . . . . No. 3685
By Representative Cutler of Pembroke, a petition (accompanied by bill, House, No. 3685) of
Josh S. Cutler and others relative to ensuring solar energy access. Telecommunications, Utilities
and Energy.
The Commonwealth of Massachusetts
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In the One Hundred and Ninety-Third General Court
(2023-2024)
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An Act ensuring solar energy access.
Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
of the same, as follows:
1 SECTION 1. Chapter 184 of the General Laws is hereby amended by striking out section
223C and inserting in place thereof the following section:-
3 Section 23C. (a) For the purposes of this section the following terms shall, unless the
4context clearly requires otherwise, have the following meanings:
5 “Association”, a homeowners’ association, condominium association, property owners
6association, community association, housing cooperative or any other nongovernmental entity
7with covenants, bylaws and administrative provisions with which a homeowner is required to
8comply.
9 “Solar access”, the access of a solar energy system to direct sunlight, as defined in
10section 1A of chapter 40A. 2 of 2
11 “Solar energy system”, a device or structural design feature, a substantial purpose of
12which is to provide daylight for interior lighting or provide for the collection, storage and
13distribution of solar energy for space heating or cooling, electricity generating or water heating,
14as defined in section 1A of chapter 40A.
15 (b) Any provision in an instrument relative to the ownership or use of real property which
16purports to forbid or unreasonably restrict the installation or use of a solar energy system or the
17building of structures that facilitate the collection of solar energy shall be void.
18 (c) No association shall forbid or unreasonably restrict the installation or use of a solar
19energy system. An association shall review requests by homeowners regarding solar access or
20the installation or use of a solar energy systems and reach a decision within a reasonable time,
21which shall not exceed 60 calendar days. An association shall explain any restrictions on solar
22access or the installation or use of solar energy systems in writing to the homeowner.
23 (d) Unreasonable restrictions include, but are not limited to, restrictions that: (i) increase
24the cost of installing or using the solar energy system by more than 10 per cent, or by more than
25$1,000, whichever is lower; (ii) decrease the efficiency of the solar energy system by more than
2610 per cent of its originally specified efficiency; and (iii) substantially curtail or burden solar
27access.
28 (e) A person claiming to be aggrieved by a violation of this section may institute a civil
29action for injunctive relief and any damages incurred. A person so aggrieved who prevails in
30such an action shall be awarded the costs of the civil action and reasonable attorneys’ fees.