An Act To Protect the Right To Use Solar Energy
Maine Legislature, Session 124, LD 0073
Committee Amendment CA_A_H370 (House)
Amends: 30-A MRSA §3013

COMMITTEE AMENDMENT ,A" to H.P. 62, L.D. 73, Bill, "An Act To Protect 
the Right To Use Solar Energy" 
Amend the bill by striking out everything after the enacting clause and before the 
summary and inserting the following: 
'Sec. 1. 30-A MRSA §3013 is enacted to read: 
§3013. Solar energy devices; ordinances 
A municipal ordinance, bylaw or regulation adopted after September 30, 2009 that 
directly regulates the installation or use of solar energy devices on residential property 
must comply with the requirements of Title 33, chapter 28-A. For the purposes of this 
section, "solar energy device" has the same meaning as in Title 33, section 1421, 
subsection 5. 
Sec. 2. 33 MRSA c. 28-A is enacted to read: 
CHAPTER 28-A 
SOLAR RIGHTS 
§1421. Definitions 
As used in this chapter, unless the context otherwise indicates, the following terms 
have the following meanings. 
1. Legal instrument. "Legal instrument" includes: 
A. Municipal ordinances, bylaws or regulations that directly regulate the installation 
or use of solar energy devices on residential property; 
. 
B. Rules, bylaws or regulations of an association of property owners, including but 
not limited to a homeowners association, unit owners association or condominium 
owners association; and 
COMMITTEE AMENDMENT 
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COMMIITEE AMENDMENT" A, to H.P. 62, L.D. 73 
C. Deed restrictions, restrictive covenants, declarations, contracts or similar binding 
agreements. 
2. Residential property. "Residential property" means real property located in this 
State that is used for residential dwelling purposes. 
3. Solar clothes-drying device. "Solar clothes-drying device" means a clothes line, 
drying rack or other equipment used for solar drying of clothing. 
4. Solar collector. "Solar collector" means a device, structure or part of a device or 
structure that is designed and used to transform solar energy into thermal, chemical or 
electrical energy to meet the water heating, space heating, space cooling or electricity 
generation requirements of one residential dwelling. 
S. Solar energy device. "Solar energy device" means a solar collector or solar 
clothes-drying device. 
§1422. Policy 
It is the policy of the State to promote the use of solar energy and to avoid 
unnecessary obstacles to the use of solar energy devices. 
§1423. Use and installation of solar energy devices 
1. Application. This section applies to a legal instrument adopted or created after 
September 30, 2009 that defmes or limits the rights or privileges of owners or renters 
with respect to the use of residential property. 
2. Right to install and use solar energy devices. Except as provided in subsections 
and 4, a legal instrument subject to this section may not prohibit a person from 
installing or using: 
A. A solar energy device on residential property owned by that person; or 
B. A solar clothes-drying device on residential property leased or rented by that 
person. 
3. Exception. A legal instrument subject to this section may prohibit the installation 
and use of solar energy devices on residential property in common ownership with 3rd 
parties or common elements of a condominium. 
4. Reasonable restrictions. A legal instrument subject to this section may include 
reasonable restrictions on the installation and use of a solar energy device. For the 
purposes of this section, a reasonable restriction is any restriction that is necessary to 
protect: 
A. Public health and safety, including but not limited to ensuring safe access to and 
rapid evacuation of buildings; 
B. Buildings from damage; 
C. Historic or aesthetic values, when an alternative of reasonably comparable cost 
and convenience is available; or 
D. Shorelands under shoreland zoning provisions pursuant to Title 38, chapter 3, 
subchapter 1, article 2-B. 
COMMI 
EE AMENDMENT 
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COMMIITEE AMENDMENT "A" to H.P. 62, L.D. 73 
§1424. Limitation 
This chapter does not supersede any existing authority of any entity to adopt and 
enforce any laws, rules or regulations on any matter other than the installation and use of 
solar energy devices on residential property.' 
SUMMARY 
This amendment is the majority report of the committee. The amendment replaces the 
bill with more specific provisions regarding protections for the installation and use of 
solar energy devices, including solar collectors and solar clothes-drying devices, on 
residential property. The amendment specifies that a legal instrument adopted or created 
after September 30, 2009 that defines or limits the rights or privileges of owners or 
renters with respect to the use of residential property may not prohibit a person from 
installing or using a solar energy device on residential property owned by that person or 
from installing or using a solar clothes-drying device on residential property leased or 
rented by that person. 
Under the amendment, "legal instrument" includes municipal 
ordinances, bylaws or regulations and rules, bylaws or regulations of an association of 
property owners as well as deed restrictions, restrictive covenants and other similar 
binding agreements. The amendment specifies that a legal instrument may prohibit the 
installation and use of solar energy devices on residential property in common ownership 
with 3rd parties or common elements of a condominium. The amendment also permits 
certain reasonable restrictions on the installation and use of a solar energy device that 
protect public health and safety, shorelands, buildings and historic or aesthetic values. 
COMMITTEE AMENDMENT