Bill Summary – FastDemocracy

LB49                                                                                    LB49
                                                                                  2023
                              LEGISLATURE OF NEBRASKA
                          ONE HUNDRED EIGHTH LEGISLATURE
                                    FIRST SESSION
                         LEGISLATIVE BILL 49
       Introduced by Dungan, 26.
       Read first time January 05, 2023
       Committee: Judiciary
   A BILL FOR AN ACT relating to solar energy; to amend sections 66-901,
       66-913, and 66-914, Reissue Revised Statutes of Nebraska; to restate
       legislative findings;       to change provisions relating to
       considerations for zoning regulations, ordinances, and comprehensive
       development plans;    to prohibit certain restrictions relating to
       solar energy collection and use; to provide a cause of action; to
      harmonize provisions; to provide severability; and to repeal the
      original sections.
  Be it enacted by the people of the State of Nebraska,
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LB49                                                                                                      LB49
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         Section 1. Section 66-901, Reissue Revised Statutes of Nebraska, is
   amended to read:
         66-901 The Legislature hereby finds and declares that:
         (1) The the use of solar energy and wind energy in Nebraska: (a) can
  (1) Can help reduce the nation's reliance upon irreplaceable domestic and
   imported fossil fuels,(b)     ;   (2)     can reduce air and water pollution
   resulting from the use of conventional energy sources,(c) ; (3) requires
   effective legislation and efficient administration of state and local
   programs to be of greatest value to its residents, citizens; and (d) (4)
   is of such importance to the public health, safety, and welfare that the
   state should take appropriate action to encourage its use. Such policy is
  of utmost importance to the state and the use of solar energy and wind
   energy generation sources in a distributed manner is inherent within the
   police power of    the state and its municipalities to     safeguard the
   interests of residents.
         (2) There is an increasing need for the use of solar energy and wind
  energy devices as an alternative to domestic and imported fossil fuels.
   Distributed generation is     one form of   solar energy generation that
   contributes positively to future energy production. The As the use of
   solar energy and wind energy devices increases, the possibility of future
   shading and obstruction of such devices by structures or vegetation will
  also increase. The Legislature therefor declares that the purpose of
   sections 66-901 to 66-914 is to promote the public health, safety, and
   welfare by protecting access to solar energy and wind energy as provided
   in sections 66-901 to 66-914.
         Sec. 2. Section 66-913, Reissue Revised Statutes of Nebraska, is
   amended to read:
         66-913        (1)    All counties or     municipalities having zoning or
   subdivision jurisdiction are hereby authorized to include considerations
   for the encouragement of    solar energy and wind energy use and the
   protection of access to solar energy and wind energy in all applicable
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LB49                                                                                                     LB49
                                                                                                   2023
  zoning regulations or ordinances and comprehensive development plans.
   Such considerations may include, but not be limited to, (a) regulation of
   height, location, setback, and use of structures, (b) regulation of the
   height and location of vegetation with respect to property boundary lines
   and the right to direct sunlight, (c) the type and location of energy
   systems or their components, and (d) the use of districts to encourage
   the use of solar energy systems and wind energy conversion systems and to
  protect access to solar energy and wind energy, and (e) the use of a
  solar access permit to regulate an impermissible interference with the
   right to direct sunlight.
          (2)   Comprehensive development plans may contain an     element for
   protection and development of solar energy and wind energy access which
   will promote energy conservation and ensure coordination of solar energy
   and wind energy use with conventional energy use.
         Sec. 3. Section 66-914, Reissue Revised Statutes of Nebraska, is
  amended to read:
         66-914      (1)   When the application of    any zoning or   subdivision
  regulation or ordinance would prevent or unduly restrict the use of solar
  energy systems or wind energy conversion systems, the governing body of
  the county or municipality having zoning or subdivision jurisdiction is
  authorized to grant a variance or exception from the strict application
   of such regulation or   ordinance thereof so   as to    relieve the such
  restriction and protect access to solar energy or wind energy if such
   relief may be granted without substantial detriment to the public good
   and without substantially impairing the intent and purpose of     such
   regulation or ordinance.
          (2) Any instrument governing or regulating the ownership or use of
  real property which purports to    prohibit or       outright restrict the
   installation or use of a solar energy collector or solar energy system or
   the building of structures that facilitate the collection of solar energy
  in any form, including, but not limited to, any covenant, declaration,
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LB49                                                                                                   LB49
                                                                                                 2023
   bylaw, deed, lease, contract or other agreement, term, provision, or
   condition, shall be void and unenforceable.
         (3)     No homeowners association as    defined in   section   18-3102      or
   similar mutual benefit association or    corporation organized for the
   purpose of enforcing restrictive covenants established on real property
   shall adopt or enforce any rule, covenant, condition, restriction, or
   other regulation that violates subsection (2) of this section.
         (4)     No homeowners association as    defined in   section   18-3102      or
   similar mutual benefit association or    corporation organized for the
   purpose of enforcing restrictive covenants established on real property
   shall assess or charge a homeowner any fee for the placement of any solar
   energy collector or solar energy system.
         (5) Any existing covenant, declaration, bylaw, deed, lease, contract
   or other agreement,     term,   provision,     or condition that violates
   subsection (2) of this section is void and unenforceable.
         (6) A homeowner or tenant shall have a civil cause of action against
   any landlord,        any homeowners association or    similar mutual benefit
   association or corporation described in subsections (3) and (4) of this
   section, or other person for a violation of this section.
         Sec. 4.        If any section in this act or any part of any section is
   declared invalid or unconstitutional, the declaration shall not affect
   the validity or constitutionality of the remaining portions.
         Sec.     5.      Original sections   66-901,    66-913,          and   66-914,    Reissue
   Revised Statutes of Nebraska, are repealed.
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Statutes affected: 
Introduced: 66-901, 66-913, 66-914