End deed restrictions against residential photovoltaic installations

[jberryhill]

This bill passed 19-0 in the Senate, and needs to move out of the House Energy and Natural Resources Committee.

One of the impediments to actually installing solar electric systems in Delaware is that the preponderance of developed neighborhoods actually have deed restrictions that prohibit their installation. Oberle and Cloutier introduced a bill that would nullify deed restrictions against installation of residential photovoltaic systems.

If your rep is on that committee, please contact him or her:


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Subject: Delaware Senate Bill # 238 w/SA 1


Dear Rep. Oberle and members of the House Energy and Natural Resources
Committee,


I am writing to urge your prompt consideration and favorable report to
the House of Senate Bill #238 w/SA 1 "AN ACT TO AMEND TITLE 29 OF THE
DELAWARE CODE RELATING TO SOLAR PHOTOVOLTAIC SYSTEMS".

As a consequence of such long-supported institutions as the University
of Delaware's distinguished Institute of Energy Conversion <1> and the
more recent DuPont-University of Delaware VHESC Consortium <2>, the
State of Delaware is internationally recognized as a leader in solar
photovoltaic technology.

Grid-connected residential solar photovoltaic systems are no longer a
"technology of the future", but are available today on commercially
reasonable terms, which will continue to improve as a result of advances
developed in our state. These systems benefit not only their owners,
but also deliver valuable peak generating capacity or load reduction to
the electrical grid during precisely the periods of time corresponding
to the highest electrical demand.

Not only have these systems become commercially competitive, but current
residential photovoltaic systems are more readily adaptable to existing
architectural designs.

There is little point to the sustained commitment Delaware has made to
the development of solar photovoltaic technology if we are to maintain
artificial restrictions on the adoption of it. Likewise, debating the
aesthetics of solar photovoltaic installations pales in comparison to
whether it may be considered unsightly by some to see "For Sale" signs
appearing on the lawns of those neighborhoods who maintain restrictive
covenants against their use, as homeowners are caught between their
rising mortgage and energy costs.

Our neighbors in New Jersey and Maryland have joined other states such
as California, Arizona, Indiana Wisconsin and Florida, in enacting Solar
Access legislation that also prohibits deed restrictions or covenants
barring the installation of residential solar photovoltaic systems. In
fact, Delaware is among a small minority of states which does not have
specific solar easement legislation to enable property owners to protect
their access to sunlight.

In parallel with the referral of this legislation to your committee, a
bi-partisan group of US Senators has last week introduced federal
legislation to provide additional tax credits of up to 50% of the cost
of installation of residential solar photovoltaic systems.

I have no financial or other interest in the solar photovoltaic industry
other than having had the privilege of working with our local pioneers
in this technology during the course of my doctoral program at the
University of Delaware's Department of Electrical Engineering.

Delaware has made a considerable investment in solar photovoltaic
technology, and it is time that we remove restrictions on seeking a
return on that investment. I look forward to your favorable action on
SB 238.


<1> http://www.udel.edu/iec/

<2> http://www.udel.edu/PR/UDaily/2008/jul/solar072307.html