| Old | New | Differences | |
|---|---|---|---|
| 1 | 1 | ||
| 2 | 2 | ||
| 3 | 3 | EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW. | |
| 4 | 4 | [Brackets] indicate matter deleted from existing law. | |
| 5 | - | Underlining indicates amendments to bill. | |
| 6 | - | Strike out indicates matter stricken from the bill by amendment or deleted from the law by | |
| 7 | - | amendment. | |
| 8 | 5 | *hb0004* | |
| 9 | 6 | ||
| 10 | 7 | HOUSE BILL 4 | |
| 11 | 8 | N1 5lr1517 | |
| 12 | 9 | HB 366/24 – ENT (PRE–FILED) CF SB 120 | |
| 13 | 10 | By: Delegate Smith | |
| 14 | 11 | Requested: October 30, 2024 | |
| 15 | 12 | Introduced and read first time: January 8, 2025 | |
| 16 | 13 | Assigned to: Environment and Transportation | |
| 17 | - | Committee Report: Favorable | |
| 18 | - | House action: Adopted | |
| 19 | - | Read second time: February 11, 2025 | |
| 20 | 14 | ||
| 21 | - | ||
| 15 | + | A BILL ENTITLED | |
| 22 | 16 | ||
| 23 | 17 | AN ACT concerning 1 | |
| 24 | 18 | ||
| 25 | 19 | Restrictions on Use – Solar Collector Systems – Alteration 2 | |
| 26 | 20 | ||
| 27 | 21 | FOR the purpose of prohibiting a restriction on use regarding land use that increases the 3 | |
| 28 | 22 | cost of installing a solar collector system by at least a certain percentage over a 4 | |
| 29 | 23 | certain cost or that reduces the efficiency of the solar collector system by at least a 5 | |
| 30 | 24 | certain percentage under a certain level of energy generation; authorizing a 6 | |
| 31 | 25 | community association to prohibit the installation of a solar collector system in the 7 | |
| 32 | 26 | common area or common elements within the real estate development served by the 8 | |
| 33 | 27 | community association; authorizing a community association to impose reasonable 9 | |
| 34 | 28 | restrictions on the installation of a solar collector system in the common area or 10 | |
| 35 | 29 | common elements; authorizing a community association to install a solar collector 11 | |
| 36 | 30 | system in the common area or common elements provided the installation is not 12 | |
| 37 | 31 | otherwise prohibited by applicable law; and generally relating to regulation of solar 13 | |
| 38 | 32 | collector systems. 14 | |
| 39 | 33 | ||
| 40 | 34 | BY repealing and reenacting, with amendments, 15 | |
| 41 | 35 | Article – Real Property 16 | |
| 42 | 36 | Section 2–119 17 | |
| 43 | 37 | Annotated Code of Maryland 18 | |
| 44 | 38 | (2023 Replacement Volume and 2024 Supplement) 19 | |
| 45 | 39 | ||
| 46 | 40 | SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 20 | |
| 47 | 41 | That the Laws of Maryland read as follows: 21 | |
| 42 | + | ||
| 43 | + | Article – Real Property 22 | |
| 44 | + | ||
| 45 | + | 2–119. 23 | |
| 46 | + | ||
| 47 | + | (a) (1) In this section the following words have the meanings indicated. 24 | |
| 48 | 48 | 2 HOUSE BILL 4 | |
| 49 | 49 | ||
| 50 | 50 | ||
| 51 | - | Article – Real Property 1 | |
| 51 | + | (2) “Restriction on use” includes any covenant, restriction, or condition 1 | |
| 52 | + | contained in: 2 | |
| 52 | 53 | ||
| 53 | - | ||
| 54 | + | (i) A deed; 3 | |
| 54 | 55 | ||
| 55 | - | ( | |
| 56 | + | (ii) A declaration; 4 | |
| 56 | 57 | ||
| 57 | - | (2) “Restriction on use” includes any covenant, restriction, or condition 4 | |
| 58 | - | contained in: 5 | |
| 58 | + | (iii) A contract; 5 | |
| 59 | 59 | ||
| 60 | - | (i) A deed; 6 | |
| 60 | + | (iv) The bylaws or rules of a condominium or homeowners 6 | |
| 61 | + | association; 7 | |
| 61 | 62 | ||
| 62 | - | ( | |
| 63 | + | (v) A security instrument; or 8 | |
| 63 | 64 | ||
| 64 | - | ( | |
| 65 | + | (vi) Any other instrument affecting: 9 | |
| 65 | 66 | ||
| 66 | - | (iv) The bylaws or rules of a condominium or homeowners 9 | |
| 67 | - | association; 10 | |
| 67 | + | 1. The transfer or sale of real property; or 10 | |
| 68 | 68 | ||
| 69 | - | | |
| 69 | + | 2. Any other interest in real property. 11 | |
| 70 | 70 | ||
| 71 | - | (vi) Any other instrument affecting: 12 | |
| 71 | + | (3) “Solar collector system” means a solar collector or other solar energy 12 | |
| 72 | + | device, the primary purpose of which is to provide for the collection, storage, and 13 | |
| 73 | + | distribution of solar energy for electricity generation, space heating, space cooling, or water 14 | |
| 74 | + | heating. 15 | |
| 72 | 75 | ||
| 73 | - | | |
| 76 | + | (4) “Solar easement” means an interest in land that: 16 | |
| 74 | 77 | ||
| 75 | - | | |
| 78 | + | (i) Is conveyed or assigned in perpetuity; and 17 | |
| 76 | 79 | ||
| 77 | - | (3) “Solar collector system” means a solar collector or other solar energy 15 | |
| 78 | - | device, the primary purpose of which is to provide for the collection, storage, and 16 | |
| 79 | - | distribution of solar energy for electricity generation, space heating, space cooling, or water 17 | |
| 80 | - | heating. 18 | |
| 80 | + | (ii) Limits the use of the land to preserve the receipt of sunlight 18 | |
| 81 | + | across the land for the use of a property owner’s solar collector system. 19 | |
| 81 | 82 | ||
| 82 | - | (4) “Solar easement” means an interest in land that: 19 | |
| 83 | + | (b) (1) A restriction on use regarding land use may not impose or act to impose 20 | |
| 84 | + | unreasonable limitations on the installation of a solar collector system on the roof or 21 | |
| 85 | + | exterior walls of improvements, provided that the property owner owns or has the right to 22 | |
| 86 | + | exclusive use of the roof or exterior walls. 23 | |
| 83 | 87 | ||
| 84 | - | (i) Is conveyed or assigned in perpetuity; and 20 | |
| 88 | + | (2) For purposes of paragraph (1) of this subsection, [an unreasonable 24 | |
| 89 | + | limitation includes a limitation that: 25 | |
| 85 | 90 | ||
| 86 | - | (ii) Limits the use of the land to preserve the receipt of sunlight 21 | |
| 87 | - | across the land for the use of a property owner’s solar collector system. 22 | |
| 91 | + | (i) Significantly increases the cost of the solar collector system; or 26 | |
| 88 | 92 | ||
| 89 | - | (b) (1) A restriction on use regarding land use may not impose or act to impose 23 | |
| 90 | - | unreasonable limitations on the installation of a solar collector system on the roof or 24 | |
| 91 | - | exterior walls of improvements, provided that the property owner owns or has the right to 25 | |
| 92 | - | exclusive use of the roof or exterior walls. 26 | |
| 93 | + | (ii) Significantly decreases the efficiency of the solar collector 27 | |
| 94 | + | system] A RESTRICTION ON USE IS UNREASONABLE IF A PPLICATION OF THE 28 | |
| 95 | + | RESTRICTION ON USE T O A PARTICULAR PROPO SAL: 29 | |
| 93 | 96 | ||
| 94 | - | (2) For purposes of paragraph (1) of this subsection, [an unreasonable 27 | |
| 95 | - | limitation includes a limitation that: 28 | |
| 96 | - | ||
| 97 | - | (i) Significantly increases the cost of the solar collector system; or 29 HOUSE BILL 4 3 | |
| 97 | + | (I) INCREASES THE INSTALLATION COS T OF THE SOLAR 30 HOUSE BILL 4 3 | |
| 98 | 98 | ||
| 99 | 99 | ||
| 100 | + | COLLECTOR SYSTEM BY AT LEAST 5% OVER THE PROJECTED C OST OF THE INITIALLY 1 | |
| 101 | + | PROPOSED INSTALLATIO N; OR 2 | |
| 100 | 102 | ||
| 101 | - | (ii) | |
| 102 | - | system | |
| 103 | - | ||
| 103 | + | (II) REDUCES THE ENERGY GE NERATED BY THE SOLAR 3 | |
| 104 | + | COLLECTOR SYSTEM BY AT LEAST 10% BELOW THE PROJECTED ENERGY 4 | |
| 105 | + | GENERATION OF THE INITIALLY PRO POSED INSTALLATION . 5 | |
| 104 | 106 | ||
| 105 | - | (I) | |
| 106 | - | ||
| 107 | - | ||
| 107 | + | (3) (I) THE OWNER SHALL PROVI DE DOCUMENTATION THA T IS 6 | |
| 108 | + | SATISFACTORY TO THE COMMUNITY ASSOCIATIO N TO SHOW THAT THE R ESTRICTION 7 | |
| 109 | + | IS UNREASONABLE UNDE R PARAGRAPH (2) OF THIS SUBSECTION . 8 | |
| 108 | 110 | ||
| 109 | - | (II) | |
| 110 | - | ||
| 111 | - | ||
| 111 | + | (II) THE DOCUMENTATION REQUIRED UNDER SUBPA RAGRAPH 9 | |
| 112 | + | (I) OF THIS PARAGRAPH SH ALL BE PREPARED BY A N INDEPENDENT SOLAR PANEL 10 | |
| 113 | + | DESIGN SPECIALIST WH O: 11 | |
| 112 | 114 | ||
| 113 | - | (3) (I) THE OWNER SHALL PROVI DE DOCUMENTATION THA T IS 10 | |
| 114 | - | SATISFACTORY TO THE COMMUNITY ASSOCIATIO N TO SHOW THAT THE R ESTRICTION 11 | |
| 115 | - | IS UNREASONABLE UNDER PARAGRAPH (2) OF THIS SUBSECTION . 12 | |
| 115 | + | 1. IS CERTIFIED BY THE NORTH AMERICAN BOARD OF 12 | |
| 116 | + | CERTIFIED ENERGY PRACTITIONERS ; OR 13 | |
| 116 | 117 | ||
| 117 | - | | |
| 118 | - | ||
| 119 | - | ||
| 118 | + | 2. HAS ATTESTED BY AFFID AVIT TO DESIGNING A T 14 | |
| 119 | + | LEAST 30 SOLAR COLLECTOR SYST EMS IN THE COURSE OF TRADE WITHIN THE PRI OR 15 | |
| 120 | + | 3 YEARS. 16 | |
| 120 | 121 | ||
| 121 | - | 1. IS CERTIFIED BY THE NORTH AMERICAN BOARD OF 16 | |
| 122 | - | CERTIFIED ENERGY PRACTITIONERS ; OR 17 | |
| 122 | + | (4) (I) A COMMUNITY ASSOCIATIO N MAY PROHIBIT OR RE STRICT 17 | |
| 123 | + | THE INSTALLATION OF A SOLAR COLLECTOR SY STEM IN THE COMMON A REA OR 18 | |
| 124 | + | COMMON ELEMENTS WITH IN THE REAL ESTATE DEVELOPMENT SERVED B Y THE 19 | |
| 125 | + | ASSOCIATION. 20 | |
| 123 | 126 | ||
| 124 | - | 2. HAS ATTESTED BY AFFID AVIT TO DESIGNING AT 18 | |
| 125 | - | LEAST 30 SOLAR COLLECTOR SYST EMS IN THE COURSE OF TRADE WITHIN THE PRI OR 19 | |
| 126 | - | 3 YEARS. 20 | |
| 127 | + | (II) A COMMUNITY ASSOCIATIO N MAY ESTABLISH REAS ONABLE 21 | |
| 128 | + | RESTRICTIONS AS TO T HE NUMBER , SIZE, PLACE, OR MANNER OF PLACEME NT OR 22 | |
| 129 | + | INSTALLATION OF A SO LAR COLLECTOR SYSTEM INSTALLED IN THE COM MON AREA 23 | |
| 130 | + | OR COMMON ELEMENTS . 24 | |
| 127 | 131 | ||
| 128 | - | (4) (I) A COMMUNITY ASSOCIATIO N MAY PROHIBIT OR RE STRICT 21 | |
| 129 | - | THE INSTALLATION OF A SOLAR COLLECTOR SYSTEM IN T HE COMMON AREA OR 22 | |
| 130 | - | COMMON ELEMENTS WITH IN THE REAL ESTATE D EVELOPMENT SERVED BY THE 23 | |
| 131 | - | ASSOCIATION. 24 | |
| 132 | + | (III) NOTWITHSTANDING THE P ROVISIONS OF THE GOV ERNING 25 | |
| 133 | + | DOCUMENTS AND PROVID ED THAT THE INSTALLA TION IS NOT OTHERWIS E 26 | |
| 134 | + | PROHIBITED BY APPLIC ABLE LAW, THE BOARD OF DIRECTO RS FOR A COMMUNITY 27 | |
| 135 | + | ASSOCIATION SHALL HA VE DISCRETION TO INS TALL A SOLAR COLLECT OR SYSTEM 28 | |
| 136 | + | IN THE COMMON AREA O R COMMON ELEMENTS WI THIN THE REAL ESTATE 29 | |
| 137 | + | DEVELOPMENT SERVED B Y THE COMMUNITY ASSO CIATION. 30 | |
| 132 | 138 | ||
| 133 | - | (II) A COMMUNITY ASSOCIATIO N MAY ESTABLISH REAS ONABLE 25 | |
| 134 | - | RESTRICTIONS AS TO T HE NUMBER , SIZE, PLACE, OR MANNER OF PLACEME NT OR 26 | |
| 135 | - | INSTALLATION OF A SOLAR COLLECTOR SYSTEM INSTALLED IN THE COMMON AREA 27 | |
| 136 | - | OR COMMON ELEMENTS . 28 | |
| 139 | + | (c) (1) A property owner who has installed or intends to install a solar collector 31 | |
| 140 | + | system may negotiate to obtain a solar easement in writing. 32 | |
| 137 | 141 | ||
| 138 | - | (III) NOTWITHSTANDING THE P ROVISIONS OF THE GOV ERNING 29 | |
| 139 | - | DOCUMENTS AND PROVID ED THAT THE INSTALLA TION IS NOT OTHERWIS E 30 | |
| 140 | - | PROHIBITED BY APPLIC ABLE LAW, THE BOARD OF DIRECTO RS FOR A COMMUNITY 31 | |
| 141 | - | ASSOCIATION SHALL HA VE DISCRETION TO INS TALL A SOLAR COLLECT OR SYSTEM 32 | |
| 142 | - | IN THE COMMON AREA O R COMMON ELEMENTS WI THIN THE REAL ESTATE 33 | |
| 143 | - | DEVELOPMENT SERVED B Y THE COMMUNITY ASSO CIATION. 34 4 HOUSE BILL 4 | |
| 142 | + | (2) Any written instrument creating a solar easement shall include: 33 | |
| 143 | + | 4 HOUSE BILL 4 | |
| 144 | 144 | ||
| 145 | 145 | ||
| 146 | + | (i) A description of the dimensions of the solar easement expressed 1 | |
| 147 | + | in measurable terms, including vertical or horizontal angles measured in degrees or the 2 | |
| 148 | + | hours of the day on specified dates when direct sunlight to a specified surface of a solar 3 | |
| 149 | + | collector system may not be obstructed; 4 | |
| 146 | 150 | ||
| 147 | - | ( | |
| 148 | - | ||
| 151 | + | (ii) The restrictions placed on vegetation, structures, and other 5 | |
| 152 | + | objects that would impair the passage of sunlight through the solar easement; and 6 | |
| 149 | 153 | ||
| 150 | - | (2) Any written instrument creating a solar easement shall include: 3 | |
| 154 | + | (iii) The terms under which the solar easement may be revised or 7 | |
| 155 | + | terminated. 8 | |
| 151 | 156 | ||
| 152 | - | (i) A description of the dimensions of the solar easement expressed 4 | |
| 153 | - | in measurable terms, including vertical or horizontal angles measured in degrees or the 5 | |
| 154 | - | hours of the day on specified dates when direct sunlight to a specified surface of a solar 6 | |
| 155 | - | collector system may not be obstructed; 7 | |
| 157 | + | (3) A written instrument creating a solar easement shall be recorded in the 9 | |
| 158 | + | land records of the county where the property is located. 10 | |
| 156 | 159 | ||
| 157 | - | (ii) The restrictions placed on vegetation, structures, and other 8 | |
| 158 | - | objects that would impair the passage of sunlight through the solar easement; and 9 | |
| 160 | + | (d) This section does not apply to a restriction on use on historic property that is 11 | |
| 161 | + | listed in, or determined by the Director of the Maryland Historical Trust to be eligible for 12 | |
| 162 | + | inclusion in, the Maryland Register of Historic Properties. 13 | |
| 159 | 163 | ||
| 160 | - | (iii) The terms under which the solar easement may be revised or 10 | |
| 161 | - | terminated. 11 | |
| 162 | - | ||
| 163 | - | (3) A written instrument creating a solar easement shall be recorded in the 12 | |
| 164 | - | land records of the county where the property is located. 13 | |
| 165 | - | ||
| 166 | - | (d) This section does not apply to a restriction on use on historic property that is 14 | |
| 167 | - | listed in, or determined by the Director of the Maryland Historical Trust to be eligible for 15 | |
| 168 | - | inclusion in, the Maryland Register of Historic Properties. 16 | |
| 169 | - | ||
| 170 | - | SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 17 | |
| 171 | - | October 1, 2025. 18 | |
| 172 | - | ||
| 173 | - | ||
| 174 | - | ||
| 175 | - | Approved: | |
| 176 | - | ________________________________________________________________________________ | |
| 177 | - | Governor. | |
| 178 | - | ________________________________________________________________________________ | |
| 179 | - | Speaker of the House of Delegates. | |
| 180 | - | ________________________________________________________________________________ | |
| 181 | - | President of the Senate. | |
| 164 | + | SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 14 | |
| 165 | + | October 1, 2025. 15 |