By, Jasmine Termain, Esq. of Rapkin, Gitlin & Beaumont
Two bills, SB 1733, the Clean Energy, Jobs and American Power Act and HR 2454, the American Clean Energy and Security Act are pending before the United States Senate and House of Representatives respectively. If passed, these bills could have significant impacts on both state and homeowners associations’ oversight of solar panel installations.
SB 1733 is aimed at, among other laudable goals, providing a comprehensive global client change solution. Similarly, HR 2454 addresses the issue of global climate change and seeks to impose a federal standard for the installation and maintenance of solar panels. While similar in goals, these two bills approach the end result by radically different means. Presently, if approved, HR 2454 would mandate a federal standard for solar panel installation. This mandate would serve as a de facto undoing of state and more importantly, homeowners association CC&Rs which may address this issue. Less aggressive in its approach, SB 1733 has similar provisions but specifically excludes installation of solar panels within homeowners associations.
While the debate rages with respect to whether or not global warming is man-made or not, it is important to understand the legislative impact that laws seeking to address this important issue may create for homeowners associations and its members. SB 1733 and HR 2454 are still in their respective committees and have yet to pass either the full Senate or House for approval by the President.