HOUSE ENERGY AND NATURAL RESOURCES COMMITTEE SUBSTITUTE FOR

HOUSE BILL 611

48th legislature - STATE OF NEW MEXICO - first session, 2007

AN ACT

RELATING TO PROPERTY LAW; AMENDING THE DEFINITION OF "SOLAR COLLECTOR" IN THE SOLAR RIGHTS ACT; INVALIDATING RESTRICTIONS ON THE INSTALLATION OR USE OF SOLAR COLLECTORS.

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

     Section 1. A new section of Chapter 3, Article 18 NMSA 1978 is enacted to read:

     "[NEW MATERIAL] 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, contained in a deed, contract, security agreement or other instrument 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."

     Section 2. Section 47-3-1 NMSA 1978 (being Laws 1977, Chapter 169, Section 1) is amended to read:

     "47-3-1. SHORT TITLE.--[This act] Sections 47-3-1 through 47-3-5 NMSA 1978 may be cited as the "Solar Rights Act"."

     Section 3. Section 47-3-3 NMSA 1978 (being Laws 1977, Chapter 169, Section 3) is amended to read:

     "47-3-3. DEFINITIONS.--As used in the Solar Rights Act:

          A. "solar collector" means [any] a device, substance or element, or a combination of devices, substances or elements, [which rely] that relies upon sunshine as an energy source and [which are] that is capable of collecting not less than twenty-five thousand [Btu's] British thermal units on a clear winter solstice day or that is used for the conveyance of light to the interior of a building. The term also includes any [substance or] device, substance or element [which] that collects solar energy for use in:

                (1) the heating or cooling of a structure or building;

                (2) the heating or pumping of water;

                (3) industrial, commercial or agricultural processes; or

                (4) the generation of electricity.

     A solar collector may be used for purposes in addition to the collection of solar energy. These uses include, but are not limited to, serving as a structural member or part of a roof of a building or structure and serving as a window or wall; and

          B. "solar right" means a right to an unobstructed line-of-sight path from a solar collector to the sun, which permits radiation from the sun to impinge directly on the solar collector."

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