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HOUSE DOCKET, NO. 252 FILED ON: 1/7/2025
HOUSE . . . . . . . . . . . . . . . No. 3496
The Commonwealth of Massachusetts
_________________
PRESENTED BY:
Carmine Lawrence Gentile
_________________
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:Carmine Lawrence Gentile13th Middlesex1/7/2025Patrick Joseph Kearney4th Plymouth1/8/2025Homar Gómez2nd Hampshire1/8/2025James C. Arena-DeRosa8th Middlesex2/19/2025James K. Hawkins2nd Bristol2/11/2025Michael O. MooreSecond Worcester3/6/2025Danillo A. Sena37th Middlesex1/31/2025 1 of 2
HOUSE DOCKET, NO. 252 FILED ON: 1/7/2025
HOUSE . . . . . . . . . . . . . . . No. 3496
By Representative Gentile of Sudbury, a petition (accompanied by bill, House, No. 3496) of
Carmine Lawrence Gentile and others relative to ensuring solar energy access.
Telecommunications, Utilities and Energy.
[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE HOUSE, NO. 3685 OF 2023-2024.]
The Commonwealth of Massachusetts
_______________
In the One Hundred and Ninety-Fourth General Court
(2025-2026)
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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 Chapter 184 of the General Laws is hereby amended by striking out section 23C and
2inserting 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. 2 of 2
9 “Solar access”, the access of a solar energy system to direct sunlight, as defined in
10section 1A of chapter 40A.
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.