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
 
                         House Bill 3090
 
Sponsored by Representative CANNON, Senator DINGFELDER;
  Representatives BAILEY, BARNHART, BRUUN, BUCKLEY, DEMBROW,
  HARKER, 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 as
introduced.
 
  Prohibits inclusion in instrument conveying or contracting to
convey real property or in declaration or bylaws of community
governed by declaration of certain provisions prohibiting or
limiting use of renewable energy devices.
 
                        A BILL FOR AN ACT
Relating to renewable energy; creating new provisions; and
  amending ORS 93.270.
Be It Enacted by the People of the State of Oregon: + }
  SECTION 1. ORS 93.270, as amended by section 16, chapter 100,
Oregon Laws 2007, is amended to read:
  93.270. (1) A person conveying or contracting to convey fee
title to real property may not include in an instrument for that
purpose a provision:
  (a) Restricting the use of the real property by any person or
group of persons by reason of race, color, religion, sex, sexual
orientation, national origin or disability.
  (b) Restricting the use of the real property by any home or
facility that is licensed by or under the authority of the
department under ORS 443.400 to 443.455 or 443.705 to 443.825 to
provide residential care alone or in conjunction with treatment
or training or a combination thereof.
   { +  (c)(A) Prohibiting, on residential lots or parcels, the
installation or use of a renewable energy device; or
  (B) Restricting, on residential lots or parcels, the location
or orientation of solar collectors on a roof, within an
orientation that is 45 degrees or fewer east or west of due
south, unless the restriction does not impair the effective
operation of the solar collectors. + }
  (2) Any provision in an instrument executed in violation of
subsection (1) of this section is void and unenforceable.
  (3) An instrument that contains a provision restricting the use
of real property in a manner listed in subsection (1)(b) of this
section does not give rise to any public or private right of
action to enforce the restriction.
  (4)  { - (a) - }  An instrument that contains a provision
restricting the use of real property by requiring roofing
materials with a lower fire rating than that required in the
state building code established under ORS chapter 455 does not
give rise to any public or private right of action to enforce the
restriction in an area determined by a local jurisdiction as a
wildfire hazard zone.  Prohibitions on public or private right of
action under this
  { - paragraph - }   { + subsection + } are limited solely to
considerations of fire rating.
    { - (b) - }   { + (5) + } As used in this
 { - subsection, - }   { + section:
  (a) 'Renewable energy device' means a device that utilizes and
relies upon a renewable source of energy including, but not
limited to solar collectors and clotheslines.
  (b) + } 'Wildfire hazard zones'   { - are - }   { + means + }
areas that are legally declared { + , using criteria established
by the State Forestry Department, + } by a governmental agency
having jurisdiction over the area to have special hazards caused
by a combination of combustible natural fuels, topography and
climatic conditions that result in a significant hazard of
catastrophic fire over relatively long periods each year.
 { - Wildfire hazard zones shall be determined using criteria
established by the State Forestry Department. - }
  SECTION 2.  { + Section 3 of this 2009 Act is added to and made
a part of ORS 94.550 to 94.783. + }
  SECTION 3.  { + (1) A provision in a declaration or bylaws of a
planned community is void and unenforceable as a violation of the
public policy to protect the public health, safety and welfare of
Oregon if the provision:
  (a) Prohibits the installation or use of a renewable energy
device, as defined in ORS 93.270; or
  (b) Restricts the location or orientation of solar collectors
on a roof, within an orientation that is 45 degrees or fewer east
or west of due south, unless the restriction does not impair the
effective operation of the solar collectors.
  (2) An owner of record of property subject to an instrument
that contains a provision described in this section may file a
petition to remove the provision in the manner provided in ORS
93.272 for removal of a similar provision from an instrument
conveying or contracting to convey real property. + }
  SECTION 4.  { + Section 5 of this 2009 Act is added to and made
a part of ORS chapter 100. + }
  SECTION 5.  { + (1) A provision in a declaration or bylaws of a
condominium is void and unenforceable as a violation of the
public policy to protect the public health, safety and welfare of
Oregon if the provision:
  (a) Prohibits the installation or use of a renewable energy
device, as defined in ORS 93.270; or
  (b) Restricts the location or orientation of solar collectors
on a roof, within an orientation that is 45 degrees or fewer east
or west of due south, unless the restriction does not impair the
effective operation of the solar collectors.
  (2) An owner of record of property subject to an instrument
that contains a provision described in this section may file a
petition to remove the provision in the manner provided in ORS
93.272 for removal of a similar provision from an instrument
conveying or contracting to convey real property. + }
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