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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:

"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,

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."

Section 2. Section 47-3-1 NMSA 1978 (being Laws 1977,

Chapter 169, Section 1) is amended to read:

"47-3-1. SHORT TITLE.--Sections 47-3-1 through 47-3-5

NMSA 1978 may be cited as the "Solar Rights Act"."

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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 a device, substance or

element, or a combination of devices, substances or elements,

that relies upon sunshine as an energy source and that is

capable of collecting not less than twenty-five thousand

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 device, substance or

element 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

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solar collector."