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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| HOUSE BILL |
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| INTRODUCED BY HOUGHTON, SANTARSIERO, MURPHY, BRADFORD, VITALI, McILVAINE SMITH, KORTZ, GEORGE, BELFANTI, BROWN, CALTAGIRONE, CUTLER, JOSEPHS, SABATINA, M. SMITH AND SWANGER, JANUARY 29, 2010 |
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| REFERRED TO COMMITTEE ON ENVIRONMENTAL RESOURCES AND ENERGY, JANUARY 29, 2010 |
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| AN ACT |
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1 | Amending Title 68 (Real and Personal Property) of the |
2 | Pennsylvania Consolidated Statutes, prohibiting deed |
3 | restrictions pertaining to environmental improvements to |
4 | property. |
5 | The General Assembly of the Commonwealth of Pennsylvania |
6 | hereby enacts as follows: |
7 | Section 1. Title 68 of the Pennsylvania Consolidated |
8 | Statutes is amended by adding a section to read: |
9 | § 7104. Prohibition of deed restrictions pertaining to |
10 | environmental property improvements. |
11 | (a) General rule.--No deed restrictions, covenants or |
12 | similar binding agreements running with the land shall prohibit |
13 | or have the effect of prohibiting a solar energy system or other |
14 | energy device based on a renewable resource from being installed |
15 | on a building erected on a lot or parcel covered by the deed |
16 | restrictions, covenants or binding agreements. A property owner |
17 | may not be denied permission to install a solar energy system or |
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1 | other energy device based on a renewable resource by any entity |
2 | granted the power or right in any deed restriction, covenant or |
3 | similar binding agreement to approve, forbid, control or direct |
4 | alteration of property with respect to residential dwellings or |
5 | real property. |
6 | (b) Exceptions.--This section shall not apply to |
7 | freestanding solar energy systems that are placed on a parcel of |
8 | land within deeded property. |
9 | Section 2. This act shall take effect in 60 days. |
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