SENATE BILL 98

57th legislature - STATE OF NEW MEXICO - first session, 2025

INTRODUCED BY

Elizabeth "Liz" Stefanics and Joy Garratt

AN ACT

RELATING TO SOLAR ENERGY; PROHIBITING COVENANTS, CONDITIONS AND RESTRICTIONS THAT INCREASE THE COST OF PURCHASING AND INSTALLING A SOLAR COLLECTOR BY MORE THAN TEN PERCENT OR A TOTAL OF ONE THOUSAND FIVE HUNDRED DOLLARS ($1,500) OR REDUCE THE EFFICIENCY OF OPERATING A SOLAR COLLECTOR BY MORE THAN TEN PERCENT.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

     SECTION 1. Section 3-18-32 NMSA 1978 (being Laws 2007, Chapter 232, Section 1) is amended to read:

     "3-18-32. LIMITATION OF COUNTY AND MUNICIPAL RESTRICTIONS ON SOLAR COLLECTORS.--

          A. A county or municipality shall not restrict the installation of a solar collector as defined pursuant to the Solar Rights Act, except that placement of solar collectors in historic districts may be regulated or restricted by a county or municipality.

          B. A covenant, [restriction or] condition or restriction contained in a deed, contract, security agreement or other instrument, effective after July 1, 1978, affecting the transfer, sale or use of, or an interest in, real property that effectively prohibits the installation or use of a solar collector is void and unenforceable, including a covenant, condition or restriction that increases the cost to the consumer, after the application of any credits and incentives, of purchasing and installing a solar collector by more than ten percent or a total of one thousand five hundred dollars ($1,500) or reduces the efficiency of the operation of a solar collector by more than ten percent.

          C. The prevailing party shall be awarded reasonable attorney fees in any action to enforce compliance with this section."

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