HF 2135 (LSB 5388YH (7) 86)

HOUSE FILE 2135

BY  MASCHER

A BILL FOR

An Act relating to installation, operation, and use of solar energy systems.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  NEW SECTION.  335.28  Limitations on restrictions of solar energy systems.
   1.  As used in this section, unless the context otherwise requires:
   a.  “Solar energy” means energy emitted from the sun. 
   b.  “Solar energy system” means equipment that directly converts and then transfers or stores solar energy into usable forms of thermal or electrical energy, including a solar collector as defined in section 564A.2.
   2.  A county shall not adopt or enforce an ordinance or other regulation that restricts, directly or indirectly, the installation, operation, or use of a solar energy system unless the ordinance or regulation satisfies any of the following conditions:
   a.  The ordinance or regulation serves to protect the public health or safety.
   b.  The ordinance or regulation does not significantly increase the cost of installation, operation, or use of the solar energy system or significantly decrease the system’s efficiency or quantity of output.
   c.  The ordinance or regulation allows for alternative installation, operation, and use of a solar energy system of comparable cost and efficiency.
   3.  A county may, under the authority conferred by this chapter, adopt an ordinance or other regulation that places restrictions on obstructions to a solar energy system. The ordinance or regulation may include a designation of responsibility for the costs of limiting or abating the obstruction. The ordinance or regulation may not require the trimming of vegetation planted before the installation of a solar energy system, unless the trimming is ordered as enforcement of a different ordinance or regulation. The ordinance or regulation shall apply to the entire county unless a city in the county adopts an ordinance pursuant to section 414.26, subsection 3.
    Sec. 2.  NEW SECTION.  414.26  City zoning limitations on restrictions of solar energy systems.
   1.  As used in this section, unless the context otherwise requires:
   a.  “Solar energy” means energy emitted from the sun.
   b.  “Solar energy system” means equipment that directly converts and then transfers or stores solar energy into usable forms of thermal or electrical energy, including a solar collector as defined in section 564A.2.
   2.  A city shall not adopt or enforce an ordinance or other regulation that restricts, directly or indirectly, the installation, operation, or use of a solar energy system unless the ordinance or regulation satisfies any of the following conditions:
   a.  The ordinance or regulation serves to protect the public health or safety.
   b.  The ordinance or regulation does not significantly increase the cost of installation, operation, or use of the solar energy system or significantly decrease the system’s efficient operation or quantity of output.
   c.  The ordinance or regulation allows for alternative installation, operation, and use of a solar energy system of comparable cost and efficiency.
   3.  A city may, under the authority conferred by this chapter, adopt an ordinance or other regulation that places restrictions on obstructions to a solar energy system. The ordinance or regulation may include a designation of responsibility for the costs of limiting or abating the obstruction. The ordinance may not require the trimming of vegetation planted before the installation of a solar energy system, unless the trimming is ordered as enforcement of a different ordinance or regulation. A county ordinance or other regulation adopted pursuant to section 335.28, subsection 3, shall apply to the entire county unless a city in the county adopts an ordinance pursuant to this section.
    Sec. 3.  Section 657.2, Code 2016, is amended by adding the following new subsection:
   NEW SUBSECTION.  13.  Obstructing, as defined in section 657.12, operation or use of a solar energy system on a nearby or adjoining property.
    Sec. 4.  NEW SECTION.  657.12  Obstruction of solar energy systems —— exceptions.
   1.  Except as provided in subsection 2, and notwithstanding section 657.3, the owner of a solar energy system is entitled to receive damages, court costs, and reasonable attorney fees from any person who uses the person’s property or who permits any other person to use the person’s property in any way that creates or would create an obstruction of the owner’s solar energy system. The owner of the solar energy system shall have the burden of showing by a preponderance of the evidence the amount of the damages.
   2.  This section shall not apply to any of the following obstructions:
   a.  An obstruction for which a building permit was issued prior to the installation of the solar energy system.
   b.  An obstruction existing on or before the date of installation of the solar energy system.
   3.  For purposes of this section:
   a.  “Obstruction” means the portion of a building or other structure or vegetation that blocks solar energy from a solar energy system between the hours of 9 a.m. to 3 p.m. standard time. “Obstruction” shall not include blockage by a pole, wire, television antenna, or radio antenna.
   b.  “Solar energy system” means the same as defined in sections 335.28 and 414.26.
EXPLANATION
The inclusion of this explanation does not constitute agreement with

the explanation’s substance by the members of the general assembly.
   This bill relates to the installation, operation, and use of solar energy systems by limiting local zoning authority and by making certain obstructions an actionable nuisance.
   The bill defines “solar energy system” to mean equipment which directly converts and then transfers or stores solar energy into usable forms of thermal or electrical energy. 
   The bill prohibits a county or city from adopting an ordinance or other regulation that directly or indirectly restricts the installation, operation, or use of a solar energy system unless the ordinance preserves or protects the public health or safety, does not significantly increase the cost of the system or decrease its efficiency, or allows for alternative installation, operation, or use of a solar energy system of comparable cost and efficiency.
   The bill authorizes a county or city to adopt an ordinance or other regulation that places restrictions on obstructions to a solar energy system, which may include responsibility for costs of limiting or abating the obstruction, but cannot require the trimming of vegetation planted before a solar energy system is installed. If a county adopts such an ordinance it will apply to the entire county unless a city adopts an ordinance.
   The bill amends Code chapter 657, relating to nuisances, by making it a nuisance to obstruct a solar energy system on a nearby or adjoining property after the solar energy system has been installed. The bill defines “obstruction” to mean the portion of a structure or vegetation that blocks solar energy from a solar energy system between the hours of 9 a.m. to 3 p.m. standard time, not including blockage by a pole, wire, television antenna, or radio antenna. A person who is aggrieved of such a nuisance may bring a civil action to abate the nuisance and recover damages, court costs, and reasonable attorney fees from any person who uses their property or who permits another person to use their property to create an obstruction of the owner’s solar energy system. The bill requires the owner to prove damages by a preponderance of the evidence. The bill does not allow damages for an obstruction for which a building permit was issued prior to the installation of the solar energy system, or an obstruction that existed on or before the solar energy system was installed.