HB65 – Ending Neighborhood Covenants on Solar Panels

Representative Kim Williams has brought back a bill that was defeated in the House back in 2017. House Bill 65, like its predescessor in the earlier session, would enables the use of roof or ground mounted solar systems on privately owned residential dwellings by making neighborhood or civic association covenants or other restrictions that effectively prohibit or unreasonably restrict the installation of solar photovoltaic systems in Delaware void and unenforceable, regardless of the date recorded.

This Bill also explains that it is the policy of the State of Delaware to protect the public health, safety, and welfare by encouraging the development and use of renewable resources and to remove obstacles thereto. This Bill further provides for costs and reasonable attorneys’ fees to be awarded to the prevailing party in any litigation arising under the provisions of this Section. This Bill does not render void and unenforceable reasonable restrictions on roof or ground mounted solar systems.

This is a great bill and all Democrats must vote for it. Unlike last time, when too many voted against it. The vote in 2017 was 17-22-1-1. The no votes among Democrats were B.Short, Brady, Carson, Jaques, Lynn, Melanie Smith, Osienski, Paradee, and Q. Johnson. Sean Matthews was absent.

The yes votes were Baumbach, Bennett, Bentz, Bolden, Gray, Heffernan, J. Johnson, K. Williams, Keeley, Kowalko, Longhurst, Miro, Mitchell, Mulrooney, Potter, Schwartzkopf, and Viola. Ramone did not vote last time, but I imagine he is a no and just chickened out. Prove me wrong Mike.

We have a number of new Representatives now and will be interesting to see if we can gather four more votes for a majority among the replacements.

WHERE IS THE BILL? House Housing & Community Affairs 3/5/19

DEMOCRATIC SPONSORS – K.Williams, Walsh, Bennett, Ennis, McDowell, Sokola, Chukwuocha, Kowalko, Lynn

REPUBLICAN SPONSORS – Cloutier, Pettyjohn

YES VOTES – 

NO VOTES – 

ABSENT –