Bill Summary for H 842 (2021-2022)

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Summary date: 

May 4 2021

Bill Information:

View NCGA Bill Details2021
House Bill 842 (Public) Filed Tuesday, May 4, 2021
AN ACT TO CLARIFY THE LAW GOVERNING DEED RESTRICTIONS ON SOLAR COLLECTORS.
Intro. by Warren, Hanig, Penny, Carter.

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Bill summary

Amends GS 22B-20, which makes deed restrictions and other agreements prohibiting solar collectors on residential property void and unenforceable. Explicitly permits a deed restriction, covenant, or similar binding agreement that runs with the land to regulate the location or screening of solar collectors so long as the restriction, covenant, or agreement does not have the affect of reducing the operating efficiency of a solar collector for a residential property (was the effect of preventing the reasonable use). Defines reducing the operating efficiency of a solar collector to mean the regulation of the location or screening of the solar collector would decrease the efficiency or performance of the solar collector by more than 10 percent of the amount that was originally specified for the solar collector. Makes conforming changes. Eliminates subsection (d), which explicitly permits a deed restriction, covenant, or agreement that runs with the land that would prohibit the location of solar collectors visible by a person on the ground on or within specified areas of common or public access faced by the structure.