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7 LONG TITLE
8 General Description:
9 This bill enacts a provision related to the installation of a solar energy system.
10 Highlighted Provisions:
11 This bill:
12 ▸ provides that a community association or governing document may not, subject to
13 certain conditions, prohibit or unreasonably restrict a lot owner from installing or
14 operating a solar energy system on the owner's lot;
15 ▸ provides that a lot owner may not install a solar energy system that violates a state
16 or local law; and
17 ▸ provides that a solar energy system provider may not enforce an agreement for
18 installation of a solar energy system against a lot owner if the agreement violates a
19 law or requirement of an association or governing document.
20 Money Appropriated in this Bill:
21 None
22 Other Special Clauses:
23 None
24 Utah Code Sections Affected:
25 ENACTS:
26 57-8a-228, Utah Code Annotated 1953
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28 Be it enacted by the Legislature of the state of Utah:
29 Section 1. Section 57-8a-228 is enacted to read:
30 57-8a-228. Restrictions on a solar energy system -- Declaration -- Governing
31 documents -- Agreement for installation of a solar energy system.
32 (1) For the purposes of this section, "solar energy system" means a system that
33 produces electric energy solely by the use, as a primary energy source, of sunlight.
34 (2) Except as provided in Subsection (5), an association may not prohibit or
35 unreasonably restrict a lot owner from installing or operating a solar energy system on the
36 owner's lot.
37 (3) Except as provided in Subsection (6), a governing document may not prohibit or
38 unreasonably restrict a lot owner from installing or operating a solar energy system on the
39 owner's lot.
40 (4) A restriction on a lot owner's use of a solar energy system is unreasonable under
41 Subsection (2) or (3) if the restriction:
42 (a) increases the cost of the solar energy system, including the costs of labor and
43 equipment, by greater than $750; or
44 (b) causes the solar energy system to function at an efficiency level that is greater than
45 15% less than the solar energy system's intended level of efficiency.
46 (5) An association may, as a condition of a lot owner installing a solar energy system
47 on the lot owner's lot:
48 (a) prohibit the installation of the solar energy system in a common area;
49 (b) require the lot owner to pay for a maintenance or repair cost that is related to the lot
50 owner's installation or operation of the solar energy system;
51 (c) require the lot owner to indemnify the association for any damage caused while the
52 lot owner is installing the solar energy system;
53 (d) require the lot owner to follow an application procedure in order to install the solar
54 energy system; or
55 (e) require the lot owner to enter into an agreement with the association, in a form that
56 can be recorded, that provides terms and conditions for the lot owner's installation and
57 maintenance of the solar energy system.
58 (6) In addition to a requirement made in a governing document by an association under
59 Subsection (5), a governing document may, as a condition of a lot owner installing a solar
60 energy system on the lot owner's lot:
61 (a) prohibit the installation of the solar energy system in a common area; or
62 (b) require the lot owner to pay a maintenance or repair cost that is related to the lot
63 owner's installation of a solar energy system;
64 (c) require the lot owner to indemnify the association for any damage caused while the
65 lot owner is installing the solar energy system.
66 (7) A lot owner may not install a solar energy system that violates a state or local law.
67 (8) A provider of a solar energy system that enters into an agreement with a lot owner
68 for the installation of a solar energy system may not enforce the agreement against the lot
69 owner if the agreement violates:
70 (a) this section;
71 (b) a requirement or prohibition, of an association, that complies with this section; or
72 (c) a requirement or prohibition, in a governing document, that complies with this
73 section.