The Louisiana Renewable Energy Act of 2010
(Louisiana Solar Rights)
Louisiana should remove any obstacles preventing its citizens from the installation of
solar power systems in order to continue the statewide growth of its renewable energy
industry. Many efforts in recent legislative sessions have improved the state’s national
status as a leader in solar energy and this will continue with that framework set.
As Louisiana is one of the leading states in renewable energy tax credits, it is our
responsibility to fully protect the investment on which many citizens have installed solar
systems in homes and businesses.
Framework for solar access:
The Louisiana Solar Rights Act of 2010 seeks to allow citizens proper access to sunlight
and to limit the capability of Home Owner’s Associations (HOA’s) and other local
governments from preventing installation of solar energy systems.
Purpose:
To promote and encourage the use of solar energy systems and to ensure and facilitate
sufficient access to the sunlight which is necessary to operate solar energy systems.
1. Limits on HOA’s solar installation restrictions:
A property owner may not be denied permission to install solar collectors, panels, or
other renewable energy devices on structures built on the lots governed by any covenants,
conditions, and/or restrictions (CC&R’s). A solar collector is any device or combination
of elements, which relies on sunlight as an energy source.
The law omits any restrictions created by an HOA in order to prevent a resident from
installing solar systems to the resident’s property.
Any covenant, restriction or condition enclosed by any deed, contract, or official
agreement affecting the transfer or sale of, or interest in real property, which effectively
forbids the installation or use of a solar energy device is void and unenforceable. This
includes but is not limited to any limits on placing a solar system on a home within public
view. Ergo any requirement that a system be hidden from view by additional structures,
trees, fences, etc., in order to maintain previously designed aesthetics is in violation of the
statute.
The following facts reveal the grounds, which constructed section one:
1. Solar installation units provide homeowners with safety and peace of mind. Many
potential solar users consider adding solar power systems in order to prevent loss of
electricity during storms and other power outages.
a. According to NOAA’s National Weather Service, since 2005, East Baton
Rouge Parish has experienced severe thunderstorms, high winds, lightning storms,
tornadoes, remnants of tropical storms, and other environmental disasters resulting in
nearly $300 billion in property damages.
b. It is reasonable to presume power outages result as part of these severe storms,
and homeowners should have the right to turn their home into an energy efficient during
such outages.
2. The implementation of solar systems may relieve the burden on the state’s power
companies responsible for approximately 4 million residences.
3. Solar systems increase the net value of a home.
a. According to the 1998 Appraisal Journal article by Rick Nevin and Gregory
Watson, “a home’s value should increase $20,000 for every $1,000 reduction in annual
operating costs from energy efficiency.”
b. Any homeowner should have the right to capitalize on his or her own property,
which exercises the individual’s freedom to improve his or her standard of living within
reason.
2. Solar Access rights:
It is prohibited by the state of Louisiana that any property owner should knowingly
decrease the amount of sunlight accessible to any other property owner who bares the
right to install a solar system in accordance with his or her personal preference. No new
trees, or other obstructions that severely decrease the chances of another property
owner’s successful solar installation may be added to a property without permission of
the neighboring homeowner and potential solar systems user.
3. Reasonable Restrictions: Cost and Performance
This law permits CC&R’s to impose certain requirements, which do not *significantly
increase the cost of the solar system, decrease its efficiency, or which do not allow for an
alternative system of comparable cost, efficiency, and energy conservation benefits.
*According to the state of California, “significantly” refers to any restrictions that
increase the cost of solar water heating or solar electric systems by more than 20 percent
or decrease the system’s efficiency by 20 percent. The state of Florida allows for 0
percent increase of cost and 0 percent decrease of efficiency.
Louisiana declares “significantly” to account for any restriction that increases the solar
system’s cost by 10 percent or decreases the system’s efficiency by 10 percent.
4. Limits to local governments’ solar installation restrictions:
The state prohibits local entities-businesses, governments, organizations, etc-from
adopting a decree that would unreasonably restrict the use of solar energy systems. This
law limits the ability of local governments to restrict solar energy systems by requiring
use of a non-discretionary permitting process through the state.
It is the legislature’s intent to prevent local governments from adopting any decrees that
place unreasonable barriers to the installation of solar energy systems, including but not
limited to design review for aesthetic purposes.