Amend the bill by striking out everything after the enacting clause and before the summary and inserting the following:
‘Sec. 1. 30-A MRSA §3013 is enacted to read:
A municipal ordinance, bylaw or regulation adopted after September 30, 2009 that directly regulates the installation or use of solar energy devices on residential property must comply with the requirements of Title 33, chapter 28-A. For the purposes of this section, "solar energy device" has the same meaning as in Title 33, section 1421, subsection 5.
Sec. 2. 33 MRSA c. 28-A is enacted to read:
CHAPTER 28-A
SOLAR RIGHTS
As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings.
It is the policy of the State to promote the use of solar energy and to avoid unnecessary obstacles to the use of solar energy devices.
This chapter does not supersede any existing authority of any entity to adopt and enforce any laws, rules or regulations on any matter other than the installation and use of solar energy devices on residential property.’
summary
This amendment is the majority report of the committee. The amendment replaces the bill with more specific provisions regarding protections for the installation and use of solar energy devices, including solar collectors and solar clothes-drying devices, on residential property. The amendment specifies that a legal instrument adopted or created after September 30, 2009 that defines or limits the rights or privileges of owners or renters with respect to the use of residential property may not prohibit a person from installing or using a solar energy device on residential property owned by that person or from installing or using a solar clothes-drying device on residential property leased or rented by that person. Under the amendment, "legal instrument" includes municipal ordinances, bylaws or regulations and rules, bylaws or regulations of an association of property owners as well as deed restrictions, restrictive covenants and other similar binding agreements. The amendment specifies that a legal instrument may prohibit the installation and use of solar energy devices on residential property in common ownership with 3rd parties or common elements of a condominium. The amendment also permits certain reasonable restrictions on the installation and use of a solar energy device that protect public health and safety, shorelands, buildings and historic or aesthetic values.