EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*hb0004*
HOUSE BILL 4
N1 5lr1517
HB 366/24 – ENT (PRE–FILED) CF SB 120
By: Delegate Smith
Requested: October 30, 2024
Introduced and read first time: January 8, 2025
Assigned to: Environment and Transportation
A BILL ENTITLED
AN ACT concerning 1
Restrictions on Use – Solar Collector Systems – Alteration 2
FOR the purpose of prohibiting a restriction on use regarding land use that increases the 3
cost of installing a solar collector system by at least a certain percentage over a 4
certain cost or that reduces the efficiency of the solar collector system by at least a 5
certain percentage under a certain level of energy generation; authorizing a 6
community association to prohibit the installation of a solar collector system in the 7
common area or common elements within the real estate development served by the 8
community association; authorizing a community association to impose reasonable 9
restrictions on the installation of a solar collector system in the common area or 10
common elements; authorizing a community association to install a solar collector 11
system in the common area or common elements provided the installation is not 12
otherwise prohibited by applicable law; and generally relating to regulation of solar 13
collector systems. 14
BY repealing and reenacting, with amendments, 15
Article – Real Property 16
Section 2–119 17
Annotated Code of Maryland 18
(2023 Replacement Volume and 2024 Supplement) 19
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 20
That the Laws of Maryland read as follows: 21
Article – Real Property 22
2–119. 23
(a) (1) In this section the following words have the meanings indicated. 24
2 HOUSE BILL 4
(2) “Restriction on use” includes any covenant, restriction, or condition 1
contained in: 2
(i) A deed; 3
(ii) A declaration; 4
(iii) A contract; 5
(iv) The bylaws or rules of a condominium or homeowners 6
association; 7
(v) A security instrument; or 8
(vi) Any other instrument affecting: 9
1. The transfer or sale of real property; or 10
2. Any other interest in real property. 11
(3) “Solar collector system” means a solar collector or other solar energy 12
device, the primary purpose of which is to provide for the collection, storage, and 13
distribution of solar energy for electricity generation, space heating, space cooling, or water 14
heating. 15
(4) “Solar easement” means an interest in land that: 16
(i) Is conveyed or assigned in perpetuity; and 17
(ii) Limits the use of the land to preserve the receipt of sunlight 18
across the land for the use of a property owner’s solar collector system. 19
(b) (1) A restriction on use regarding land use may not impose or act to impose 20
unreasonable limitations on the installation of a solar collector system on the roof or 21
exterior walls of improvements, provided that the property owner owns or has the right to 22
exclusive use of the roof or exterior walls. 23
(2) For purposes of paragraph (1) of this subsection, [an unreasonable 24
limitation includes a limitation that: 25
(i) Significantly increases the cost of the solar collector system; or 26
(ii) Significantly decreases the efficiency of the solar collector 27
system] A RESTRICTION ON USE IS UNREASONABLE IF A PPLICATION OF THE 28
RESTRICTION ON USE T O A PARTICULAR PROPO SAL: 29
(I) INCREASES THE INSTALLATION COS T OF THE SOLAR 30 HOUSE BILL 4 3
COLLECTOR SYSTEM BY AT LEAST 5% OVER THE PROJECTED C OST OF THE INITIALLY 1
PROPOSED INSTALLATIO N; OR 2
(II) REDUCES THE ENERGY GE NERATED BY THE SOLAR 3
COLLECTOR SYSTEM BY AT LEAST 10% BELOW THE PROJECTED ENERGY 4
GENERATION OF THE INITIALLY PRO POSED INSTALLATION . 5
(3) (I) THE OWNER SHALL PROVI DE DOCUMENTATION THA T IS 6
SATISFACTORY TO THE COMMUNITY ASSOCIATIO N TO SHOW THAT THE R ESTRICTION 7
IS UNREASONABLE UNDE R PARAGRAPH (2) OF THIS SUBSECTION . 8
(II) THE DOCUMENTATION REQUIRED UNDER SUBPA RAGRAPH 9
(I) OF THIS PARAGRAPH SH ALL BE PREPARED BY A N INDEPENDENT SOLAR PANEL 10
DESIGN SPECIALIST WH O: 11
1. IS CERTIFIED BY THE NORTH AMERICAN BOARD OF 12
CERTIFIED ENERGY PRACTITIONERS ; OR 13
2. HAS ATTESTED BY AFFID AVIT TO DESIGNING A T 14
LEAST 30 SOLAR COLLECTOR SYST EMS IN THE COURSE OF TRADE WITHIN THE PRI OR 15
3 YEARS. 16
(4) (I) A COMMUNITY ASSOCIATIO N MAY PROHIBIT OR RE STRICT 17
THE INSTALLATION OF A SOLAR COLLECTOR SY STEM IN THE COMMON A REA OR 18
COMMON ELEMENTS WITH IN THE REAL ESTATE DEVELOPMENT SERVED B Y THE 19
ASSOCIATION. 20
(II) A COMMUNITY ASSOCIATIO N MAY ESTABLISH REAS ONABLE 21
RESTRICTIONS AS TO T HE NUMBER , SIZE, PLACE, OR MANNER OF PLACEME NT OR 22
INSTALLATION OF A SO LAR COLLECTOR SYSTEM INSTALLED IN THE COM MON AREA 23
OR COMMON ELEMENTS . 24
(III) NOTWITHSTANDING THE P ROVISIONS OF THE GOV ERNING 25
DOCUMENTS AND PROVID ED THAT THE INSTALLA TION IS NOT OTHERWIS E 26
PROHIBITED BY APPLIC ABLE LAW, THE BOARD OF DIRECTO RS FOR A COMMUNITY 27
ASSOCIATION SHALL HA VE DISCRETION TO INS TALL A SOLAR COLLECT OR SYSTEM 28
IN THE COMMON AREA O R COMMON ELEMENTS WI THIN THE REAL ESTATE 29
DEVELOPMENT SERVED B Y THE COMMUNITY ASSO CIATION. 30
(c) (1) A property owner who has installed or intends to install a solar collector 31
system may negotiate to obtain a solar easement in writing. 32
(2) Any written instrument creating a solar easement shall include: 33
4 HOUSE BILL 4
(i) A description of the dimensions of the solar easement expressed 1
in measurable terms, including vertical or horizontal angles measured in degrees or the 2
hours of the day on specified dates when direct sunlight to a specified surface of a solar 3
collector system may not be obstructed; 4
(ii) The restrictions placed on vegetation, structures, and other 5
objects that would impair the passage of sunlight through the solar easement; and 6
(iii) The terms under which the solar easement may be revised or 7
terminated. 8
(3) A written instrument creating a solar easement shall be recorded in the 9
land records of the county where the property is located. 10
(d) This section does not apply to a restriction on use on historic property that is 11
listed in, or determined by the Director of the Maryland Historical Trust to be eligible for 12
inclusion in, the Maryland Register of Historic Properties. 13
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 14
October 1, 2025. 15