Summary:

 Senate Bill 98 (SB 98) prohibits covenants, conditions and restrictions that increase the cost of purchasing and installing a solar collector by more than ten percent or a total of one thousand five hundred dollars ($1,500) or reduce the efficiency of operating a solar collector by more than ten percent 

 

Legislation Overview:

 Senate Bill 98 (SB 98) expands the protections on the installation of solar collectors in Section 3-18-32 NMSA 1978 by prohibiting covenants, condition or restriction that increases the cost to the consumer, after the application of any credits and incentives, of purchasing and installing a solar collector by more than ten percent or a total of one thousand five hundred dollars ($1,500) or reduces the efficiency of the operation of a solar collector by more than ten percent.
SB 98 requires the prevailing party to be awarded attorney fees in any action to enforce compliance of that section. 


 

Current Law:

 Section 3-18-32 NMSA 1978 prohibits a county or municipality from restricting the installation of a solar collector with exceptions in historic districts and makes void and unenforceable any document concerning an interest in land that includes a covenant, condition or restriction that effectively prohibits the installation or use of a solar collector.