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DE HB58

Bill

Status

Introduced

1/26/2017

Primary Sponsor

Kimberly Williams

Click for details

Origin

House of Representatives

149th General Assembly

AI Summary

  • Voids and makes unenforceable any deed, contract, or legal covenant that prohibits or unreasonably restricts the installation of roof-mounted solar energy systems on single-family homes and townhouses.

  • Voids and makes unenforceable covenants restricting ground-mounted solar systems on residential properties of 1/2 acre or greater, though reasonable restrictions requiring landscaping or fencing to shield systems from view remain valid.

  • Defines "reasonable restrictions" on solar systems as those that do not significantly increase costs, decrease efficiency, or allow comparable alternative systems meeting the same energy conservation standards.

  • Removes the previous January 1, 2010 date limitation, applying the solar covenant protections to all documents regardless of when recorded.

  • Awards costs and reasonable attorney's fees to the prevailing party in any litigation arising from disputes over this section's provisions.

Legislative Description

An Act To Amend Title 25 Of The Delaware Code Relating To Solar Photovoltaic Systems And Restrictive Covenants.

Last Action

Defeated By House. Votes: 17 YES 22 NO 1 NOT VOTING 1 ABSENT

4/4/2017

Committee Referrals

Natural Resources1/26/2017

Full Bill Text

No bill text available