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LEGISLATURE OF NEBRASKA
ONE HUNDRED SIXTH LEGISLATURE
FIRST SESSION
LEGISLATIVE BILL 621
Introduced by Kolowski, 31.
Read first time January 23, 2019
Committee: Judiciary
1 A BILL FOR AN ACT relating to solar energy; to amend sections 66-901,
2 66-913, and 66-914, Reissue Revised Statutes of Nebraska; to restate
3 findings; to change provisions relating to considerations for zoning
4 regulations, ordinances, and comprehensive development plans; to
5 prohibit certain restrictions relating to solar energy collection
6 and use; to provide a cause of action; to provide severability; and
7 to repeal the original sections.
8 Be it enacted by the people of the State of Nebraska,
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1 Section 1. Section 66-901, Reissue Revised Statutes of Nebraska, is
2 amended to read:
3 66-901 The Legislature hereby finds and declares that the use of
4 solar energy and wind energy in Nebraska: (1) Can help reduce the
5 nation's reliance upon irreplaceable domestic and imported fossil fuels;
6 (2) can reduce air and water pollution resulting from the use of
7 conventional energy sources; (3) requires effective legislation and
8 efficient administration of state and local programs to be of greatest
9 value to its citizens; and (4) is of such importance to the public
10 health, safety, and welfare that the state should take appropriate action
11 to encourage its use. The Legislature further finds that the foregoing
12 policy is of utmost importance to the state and the use of solar energy
13 and wind energy generation sources in a distributed manner is inherent
14 within the police power of the state and its municipalities to safeguard
15 the interests of citizens.
16 There is an increasing need for the use of solar energy and wind
17 energy devices as an alternative to domestic and imported fossil fuels.
18 Distributed generation is one form of solar energy generation in
19 particular that contributes positively to future energy production As the
20 use of solar energy and wind energy devices increases, the possibility of
21 future shading and obstruction of such devices by structures or
22 vegetation will also increase. The Legislature therefor declares that the
23 purpose of sections 66-901 to 66-914 is to promote the public health,
24 safety, and welfare by protecting access to solar energy and wind energy
25 as provided in sections 66-901 to 66-914.
26 Sec. 2. Section 66-913, Reissue Revised Statutes of Nebraska, is
27 amended to read:
28 66-913 All counties or municipalities having zoning or subdivision
29 jurisdiction are hereby authorized to include considerations for the
30 encouragement of solar energy and wind energy use and the protection of
31 access to solar energy and wind energy in all applicable zoning
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1 regulations or ordinances and comprehensive development plans. Such
2 considerations may include, but not be limited to, regulation of height,
3 location, setback, and use of structures, regulation of the height and
4 location of vegetation with respect to property boundary lines and the
5 right to direct sunlight, the type and location of energy systems or
6 their components, and the use of districts to encourage the use of solar
7 energy systems and wind energy conversion systems and protect access to
8 solar energy and wind energy, and the use of a solar access permit to
9 regulate an impermissible interference with the right to direct sunlight.
10 Comprehensive development plans may contain an element for protection and
11 development of solar energy and wind energy access which will promote
12 energy conservation and ensure coordination of solar energy and wind
13 energy use with conventional energy use.
14 Sec. 3. Section 66-914, Reissue Revised Statutes of Nebraska, is
15 amended to read:
16 66-914 (1) When the application of any zoning or subdivision
17 regulation or ordinance would prevent or unduly restrict the use of solar
18 energy systems or wind energy conversion systems, the governing body of
19 the county or municipality having zoning or subdivision jurisdiction is
20 authorized to grant a variance or exception from the strict application
21 thereof so as to relieve such restriction and protect access to solar
22 energy or wind energy if such relief may be granted without substantial
23 detriment to the public good and without substantially impairing the
24 intent and purpose of such regulation or ordinance.
25 (2) Any instrument governing or regulating the ownership or use of
26 real property which purports to forbid or outright restrict the
27 installation or use of a solar energy collector or solar energy system or
28 the building of structures that facilitate the collection of solar energy
29 in any form, including, but not limited to, any covenant, declaration,
30 bylaw, deed, lease, contract or other agreement, term, provision, or
31 condition, shall be void and unenforceable.
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1 (3) No homeowners association as defined in section 18-3102 or
2 similar mutual benefit association or corporation organized for the
3 purpose of enforcing restrictive covenants established on real property
4 shall adopt or enforce any rule, covenant, condition, restriction, or
5 other regulation that violates subsection (2) of this section.
6 (4) No homeowners association as defined in section 18-3102 or
7 similar mutual benefit association or corporation organized for the
8 purpose of enforcing restrictive covenants established on real property
9 shall assess or charge a homeowner any fee for the placement of any solar
10 energy collector or solar energy system.
11 (5) Any existing covenant, declaration, bylaw, deed, lease, contract
12 or other agreement, term, provision, or condition that violates
13 subsection (2) of this section is void and unenforceable.
14 (6) A homeowner or tenant shall have a civil cause of action against
15 any homeowners association or similar mutual benefit association or
16 corporation described in subsections (3) and (4) of this section,
17 landlord, or other person for violations of this section.
18 Sec. 4. If any section in this act or any part of any section is
19 declared invalid or unconstitutional, the declaration shall not affect
20 the validity or constitutionality of the remaining portions.
21 Sec. 5. Original sections 66-901, 66-913, and 66-914, Reissue
22 Revised Statutes of Nebraska, are repealed.
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Statutes affected:
Introduced: 66-901, 66-913, 66-914