75th OREGON LEGISLATIVE ASSEMBLY--2009 Regular Session
 
NOTE:  Matter within  { +  braces and plus signs + } in an
amended section is new. Matter within  { -  braces and minus
signs - } is existing law to be omitted. New sections are within
 { +  braces and plus signs + } .
 
LC 3127
 
                           B-Engrossed
 
                         House Bill 3090
                  Ordered by the Senate June 23
  Including House Amendments dated May 1 and Senate Amendments
                              dated
                             June 23
 
Sponsored by Representative CANNON, Senator DINGFELDER;
  Representatives BAILEY, BARNHART, BRUUN, BUCKLEY, DEMBROW,
  HARKER, HOLVEY, READ, STIEGLER, Senators HASS, ROSENBAUM
 
 
                             SUMMARY
 
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure.
 
    { - Prohibits inclusion in instrument conveying or
contracting to convey real property or in declaration or bylaws
of community or condominium governed by declaration of certain
provisions prohibiting or limiting use of renewable energy
devices. - }
    { - Specifies procedures by which owner of property may
petition to remove provision from instrument. - }
   { +  Prohibits provision of declaration or bylaws of planned
community or condominium from prohibiting installation or use of
renewable energy device. Exempts from prohibition agreements in
effect before effective date of Act. + }
 
                        A BILL FOR AN ACT
Relating to renewable energy.
Be It Enacted by the People of the State of Oregon:
  SECTION 1.  { + Section 2 of this 2009 Act is added to and made
a part of ORS 94.550 to 94.783. + }
  SECTION 2.  { + (1) As used in this section, 'renewable energy
device' means:
  (a) A solar panel or other device for obtaining energy from
solar, wind or other renewable resources; or
  (b) A clothesline or other device that uses solar, wind or
other renewable energy resources to accomplish household tasks.
  (2) A provision of a declaration or the bylaws of a planned
community, or any other agreement limiting the rights of an
owner, may not prohibit the installation or use of a renewable
energy device on the owner's lot unless the provision or
agreement was in effect before the effective date of this 2009
Act.
  (3) This section does not:
  (a) Authorize an owner to install a renewable energy device in
or on common property or property maintained by the homeowners
association.
 
  (b) Prohibit inclusion in a declaration or the bylaws, or any
other agreement limiting the rights of an owner, of a provision
that establishes reasonable restrictions on size, appearance or
location of a renewable energy device without impairing effective
operation of the renewable energy device. + }
  SECTION 3.  { + Section 4 of this 2009 Act is added to and made
a part of ORS chapter 100. + }
  SECTION 4.  { + (1) As used in this section, 'renewable energy
device' means:
  (a) A solar panel or other device for obtaining energy from
solar, wind or other renewable resources; or
  (b) A clothesline or other device that uses solar, wind or
other renewable energy resources to accomplish household tasks.
  (2) A provision of a declaration or the bylaws of a
condominium, or any other agreement limiting the rights of a unit
owner, may not prohibit the installation or use of a renewable
energy device in or on the unit owner's unit or in or on limited
common elements reserved exclusively for the use of the owner's
unit unless the provision or agreement was in effect before the
effective date of this 2009 Act.
  (3) This section does not:
  (a) Authorize a unit owner to install a renewable energy device
in or on limited common elements that are reserved for the use of
more than one unit or in or on general common elements.
  (b) Prohibit inclusion in a declaration or the bylaws, or any
other agreement limiting the rights of a unit owner, of a
provision that establishes reasonable restrictions on size,
appearance or location of a renewable energy device without
impairing effective operation of the renewable energy device. + }
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