A BILL TO BE ENTITLED
AN ACT to (1) amend the definition of "renewable energy resource" that pertains to the renewable energy and energy efficiency portfolio standard (REPS) to clarify that plantation‑grown wood is a renewable energy resource; (2) repeal REPS requirement for  poultry waste resources; AND (3) clarify current limitations on city ordinances and county ordinances that regulate the installation of solar collectors for residential property And the current limitations on deed restrictions that regulate the installation of solar collectors for residential property.
The General Assembly of North Carolina enacts:
SECTION 1.  G.S. 62‑133.8(a) reads as rewritten:
"(a)	Definitions. – As used in this section:
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(5a)	"Plantation‑grown wood" means wood, forest residuals, and other woody material derived from a forest stand in existence on January 1, 2011, that has been artificially planted and harvested in accordance with Forest Practice Guidelines Related to Water Quality, the best management practices adopted by the Technical Advisory Committee as required under G.S. 113A‑52.1(c).
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(8)	"Renewable energy resource" means a solar electric, solar thermal, wind, hydropower, geothermal, or ocean current or wave energy resource; a biomass resource, including agricultural waste, animal waste, wood waste, plantation‑grown wood, spent pulping liquors, combustible residues, combustible liquids, combustible gases, energy crops, or landfill methane; waste heat derived from a renewable energy resource and used to produce electricity or useful, measurable thermal energy at a retail electric customer's facility; or hydrogen derived from a renewable energy resource. "Renewable energy resource" does not include peat, whole trees from natural forests or other nonplanted forests, fossil fuel, or nuclear energy resource."
SECTION 2.  G.S. 62‑133.8(f) is repealed.
SECTION 3.  G.S. 160A‑201 reads as rewritten:
"§ 160A‑201.  Limitations on regulating solar collectors.
(a)	Except as provided in subsection (b) of this section, no city ordinance shall prohibit, or have the effect of prohibiting, the installation of a solar collector that gathers solar radiation as a substitute for traditional energy for water heating, active space heating and cooling, passive heating, or generating electricity for a residential property, and no person shall be denied permission by a city to install a solar collector that gathers solar radiation as a substitute for traditional energy for water heating, active space heating and cooling, passive heating, or generating electricity for a residential property. As used in this section, the term "residential property" means property where the predominant use is for residential purposes.
(b)	This section does not prohibit an ordinance regulating the location or screening of solar collectors as described in subsection (a) of this section, provided the ordinance does not unreasonably restrict installation or use of a solar collector for a residential property. For the purposes of this section, a restriction that renders the device more than twenty‑five percent (25%) less efficient or increases the cost of the device by more than fifteen percent (15%) of the amount that was originally specified for the system, shall be deemed to be unreasonable.
				(d)	In any civil action arising under this section, the court may award costs and reasonable attorneys' fees to the prevailing party."
SECTION 4.  G.S. 153A‑144 reads as rewritten:
"§ 153A‑144.  Limitations on regulating solar collectors.
(a)	Except as provided in subsection (b) of this section, no county ordinance shall prohibit, or have the effect of prohibiting, the installation of a solar collector that gathers solar radiation as a substitute for traditional energy for water heating, active space heating and cooling, passive heating, or generating electricity for a residential property. No person shall be denied permission by a county to install a solar collector that gathers solar radiation as a substitute for traditional energy for water heating, active space heating and cooling, passive heating, or generating electricity for a residential property. As used in this section, the term "residential property" means property where the predominant use is for residential purposes.
(b)	This section does not prohibit an ordinance regulating the location or screening of solar collectors as described in subsection (a) of this section, provided the ordinance does not unreasonably restrict installation or use of a solar collector for a residential property. For the purposes of this section, a restriction that renders the device more than twenty‑five percent (25%) less efficient or increases the cost of the device by more than fifteen percent (15%) of the amount that was originally specified for the system, shall be deemed to be unreasonable.
				(d)	In any civil action arising under this section, the court may award costs and reasonable attorneys' fees to the prevailing party."
SECTION 5.  G.S. 22B‑20 reads as rewritten:
"§ 22B‑20.  Deed restrictions and other agreements prohibiting solar collectors.
(a)	The intent of the General Assembly is to protect the public health, safety, and welfare by encouraging the development and use of solar resources and by prohibiting deed restrictions, covenants, and other similar agreements that could have the ultimate effect of driving the costs of owning and maintaining a residence beyond the financial means of most owners.
(b)	Except as provided in subsection (c) of this section, any deed restriction, covenant, or similar binding agreement that runs with the land that would prohibit, or have the effect of prohibiting, the installation of a solar collector that gathers solar radiation as a substitute for traditional energy for water heating, active space heating and cooling, passive heating, or generating electricity for a residential property on land subject to the deed restriction, covenant, or agreement is void and unenforceable. As used in this section, the term "residential property" means property where the predominant use is for residential purposes. The term "residential property" does not include any condominium created under Chapter 47A or 47C of the General Statutes located in a multi‑story building containing units having horizontal boundaries described in the declaration. As used in this section, the term "declaration" has the same meaning as in G.S. 47A‑3 or G.S. 47C‑1‑103, depending on the chapter of the General Statutes under which the condominium was created.
(c)	This section does not prohibit a deed restriction, covenant, or similar binding agreement that runs with the land that would regulate the location or screening of solar collectors as described in subsection (b) of this section, provided the deed restriction, covenant, or similar binding agreement does not unreasonably restrict installation or use of a solar collector for a residential property. For the purposes of this section, a restriction that renders the device more than twenty‑five percent (25%) less efficient or increases the cost of the device by more than fifteen percent (15%) of the amount that was originally specified for the system, shall be deemed to be unreasonable. If an owners' association is responsible for exterior maintenance of a structure containing individual residences, a deed restriction, covenant, or similar binding agreement that runs with the land may provide that (i) the title owner of the residence shall be responsible for all damages caused by the installation, existence, or removal of solar collectors; (ii) the title owner of the residence shall hold harmless and indemnify the owners' association for any damages caused by the installation, existence, or removal of solar collectors; and (iii) the owners' association shall not be responsible for maintenance, repair, replacement, or removal of solar collectors unless expressly agreed in a written agreement that is recorded in the office of the register of deeds in the county or counties in which the property is situated. As used in this section, "owners' association" has the same meaning as in G.S. 47F‑1‑103.
				(e)	In any civil action arising under this section, the court may award costs and reasonable attorneys' fees to the prevailing party."
SECTION 6.  Section 3 through Section 5 of this act becomes effective October 1, 2011. The remaining sections of this act are effective when the act becomes law.