‘Solar freedom’ law won’t see light of day
The General Assembly has upheld Gov. Bob McDonnell’s veto of legislation preventing community associations from prohibiting the installation of solar panels on homes.
The Senate could not muster the votes to override the veto of Senate Bill 627, which had been sponsored by Sen. Chap Petersen, D-Fairfax.
Petersen expressed disappointment that his “solar freedom” bill will not become law. He said the bill would have allowed all Virginians who live in homeowners associations to lower their electricity bills and qualify for federal tax credits by installing solar panels on their houses.
Some community associations traditionally have prohibited or restricted solar panels for aesthetic and property-value reasons. In 2008, the General Assembly passed a bill proposed by Sen. Frank Wagner, R-Virginia Beach, to address that situation.
Wagner’s measure said that after July 1, 2008, community associations could not impose rules to “prohibit an owner from installing or using a solar energy collection device on that owner’s property. However, a community association may establish reasonable restrictions concerning the size, place, and manner of placement of such solar energy collection devices.”
Because of a grandfather clause, that law did not affect solar-panel prohibitions that had been in place before July 1, 2008. That’s why Petersen introduced SB 627 this legislative session.
“Ninety-nine percent of the homeowner associations’ covenants were unaffected by the law in 2008 because the restrictions already existed,” Petersen said. “My bill struck out the grandfather clause and said this will be the state law across the board and prohibitions on solar panels are not enforceable in Virginia.”
During the General Assembly’s regular session, the Senate passed SB 627 on a 31-8 vote, and the House approved it 74-24.
But on April 9, McDonnell vetoed the bill.
The governor said the 2008 law provided community associations with more than enough opportunities to change previous covenants regarding solar panels. SB 627 was an attempt to retroactively enforce that law, McDonnell said. He said it would have violated both Virginia and United States laws.
“Senate Bill 627 appears to contradict the general legislative rule that statutory enactments are applied prospectively,” McDonnell said. “In addition to the problem of retroactive application, the legislation potentially violates both the United States Constitution (Article I, Section 10) and the Virginia Constitution (Article I, Section 11) by ‘impairing the obligation of contracts.’ ”
Overturning a veto requires a two-thirds majority vote in both the House and the Senate. That means getting 27 senators to vote in favor of overriding the vote.
Last Wednesday, the Senate voted 21-18 in favor of overturning McDonnell’s veto – and so the vote failed.
Solar installation has become increasingly popular around the country, creating new jobs and a new way to power homes and businesses, Petersen noted.
“There are a lot of new technologies out there in residential improvement industry which we need to encourage. Solar installation is certainly one of them,” he said. “The businesses that install solar panels are small businesses, and I want to make sure that they can sell their products and not go up against a lot of red tape and legal prohibitions.”
In an interview, Petersen said he probably will reintroduce the legislation in the future.
Citizen Staff Reports 04/29/2016
Every week, another child is diagnosed with cancer in Central Virginia. Last summer, six-year-old Caroline Morris was one of them.
Diagnosed in June 2015 with acute lymphoblastic leukemia, the most common type of childhood cancer, Morris has been receiving treatment at Children’s Hospital of Richmond at VCU (CHoR) ever since.
“It’s not my hair that makes my beauty,” said Morris, who lost her hair as a chemotherapy side effect, “it’s my heart.” > Read more.
Citizen Staff Reports 04/25/2016
The sign up period for the Richmond Community Solar Co-op will close on April 30. Nearly 150 homeowners and businesses have joined the group to save money and make going solar easier. The group has started installations and is working with VA SUN to learn about solar technology and the process of going solar.
“If you’ve ever thought about going solar, this is a great opportunity to do so,” said Sekar Veerappan Co-op member and the group’s first installation. “Working with the group helps members learn about going solar and make an informed decision.” > Read more.
CAT Theatre will present four shows during its 53rd season, which begins this fall. All four shows will be Richmond-area premieres, including one world premiere by a local playwright.
The season will feature:
• I’ll Be Back Before Midnight, by Peter Colley – Oct. 14-29;
• The Wishing Well, by Maryland playwright Jon Klein – Jan. 20-Feb. 4, 2017; > Read more.
- More News
Apr. 21, 2016Click here to read the print edition.
- More Entertainment
- More Obituaries
- More Community
- More Opinions
- More Sports
CalendarThe HATTBox Players, a resident troupe of youth actors ages 8-18 at HATTheatre, will present “Masquerade” at 7:30 p.m. May 6-7 and at 2 p.m. May 8. This award winning… Full text