Friday, November 21, 2008

Renewable Energy Access Laws

Many people are unaware of renewable energy access laws, so here it is:

Incentive Type: Solar and Wind Access Law
Eligible Renewable/Other Technologies: Passive Solar Space Heat, Solar Water Heat, Photovoltaics, Wind, Clotheslines
Applicable Sectors: Commercial, Industrial, Residential

Authority 1: 2006->Ch0704->Section%2007#0704.07" target=_blank>Fla. Stat. § 704.07
Date Enacted: 1978
Effective Date: 7/1/1978

Authority 2: 2006->Ch0163->Section%2004#0163.04" target=_blank>Fla. Stat. § 163.04
Date Enacted: 1980
Effective Date: 7/1/1980

Authority 3: HB 697
Date Enacted: 6/17/2008
Effective Date: 7/1/2008

Summary:

Florida law forbids ordinances, deed restrictions, covenants, declarations or similar binding agreements from prohibiting the use of solar collectors (including clotheslines) or "other energy devices based on renewable resources," although certain restrictions may be imposed on homeowners. Community associations are specifically prohibited from preventing the installation of solar collectors on residential rooftops. Interestingly, a condominium or a multi-condominium board of administration may, without approval of the unit owners, install solar collectors (including clotheslines) or other energy-efficient devices on association property for the benefit of the unit owners.

Florida law also allows easements for the purpose of maintaining exposure of a solar energy system to sunlight. Easements must be created in writing and are subject to being recorded and indexed in the same manner as any other instrument affecting the title to real property.

THE NEW ANSWER FOR NOT HAVING SOLAR OR WIND SYSTEMS INSTALLED IS: "NO EXCUSE SIR/MA'AM!"

No comments: