5136-S AMH VAND H2928.2

SSB 5136 - H AMD438
By Representative Van De Wege

WITHDRAWN 04/01/2009

Strike everything after the enacting clause and insert the following:

"NEW SECTION.  Sec. 1   A new section is added to chapter 64.38 RCW to read as follows:
     (1) The governing documents may not prohibit the installation of a solar energy panel by an owner or resident on the owner's or resident's property as long as the solar energy panel:
     (a) Meets applicable health and safety standards and requirements imposed by state and local permitting authorities;
     (b) If used to heat water, is certified by the solar rating certification corporation or another nationally recognized certification agency. Certification must be for the solar energy panel and for installation; and
     (c) If used to produce electricity, meets all applicable safety and performance standards established by the national electric code, the institute of electrical and electronics engineers, accredited testing laboratories, such as underwriters laboratories, and, where applicable, rules of the utilities and transportation commission regarding safety and reliability.
     (2) The governing documents may include reasonable rules regarding solar energy panels and their installation. The governing documents may require an owner or resident who installs a solar energy panel to indemnify or reimburse the association or its members for loss or damage caused by the installation, maintenance, or use of a solar energy panel.
     (3) For purposes of this section, "solar energy panel" means a panel device or system or combination of panel devices or systems that relies on direct sunlight as an energy source for, or collects sunlight for the use in:
     (a) The heating or cooling of the owner's or resident's property or any ancillary structure on the property, such as a garage, guest house, studio, or workshop;
     (b) The heating or pumping of water for the owner's or resident's property or any ancillary structure on the property, or for irrigation of the owner's or resident's property; or
     (c) The generation of electricity.
     (4) This section does not apply to common areas as defined in RCW 64.38.010.
     (5) This section applies retroactively to a governing document in effect on the effective date of this section. A provision in a governing document in effect on the effective date of this section that is inconsistent with this section is void and unenforceable."

Correct the title.

EFFECT:  The amendment makes the following changes:
     (1) Removes the provisions allowing a homeowners' association's governing documents to prohibit the visibility of solar energy panels above the roof line or require panels to be shielded or painted to coordinate with roofing materials.
     (2) Excludes the collection of sunlight for use in industrial, commercial, or agricultural processes from the definition of "solar energy panel."
     (3) Modifies the definition of "solar energy panel" to allow panel devices or systems used in: The heating or cooling of an owner's or resident's property or any ancillary structure on the property; or the heating or pumping of water for an owner's or resident's property or any ancillary structure on the property, or for irrigation of the owner's or resident's property.

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