Here’s an update on energy freedom for Texas homeowners’ right to install solar energy! This is information compiled from the Texas Solar Energy Society, the North Texas Renewable Energy Group, and Plano Solar Advocates
(Update 7/28/21 - The Tyler City Council voted unanimously on Wednesday to ease solar panel regulations within the city.)
Topics:
- Recent state legislation relevant to updating restrictive municipal local solar ordinances
- Resources for municipal solar ordinance updates
- Resources and project idea for homeowners wanting to go solar
1. Recent state legislation relevant to updating restrictive municipal local solar ordinances
SB 398, effective Sept 1, 2021, passed in the Texas 87th regular legislative session
SB 398 provides a variety of consumer protections while also underscoring the importance of the competitive market. This legislation makes sure solar customers have information they need to make informed decisions and prohibits municipalities (in addition to homeowner association boards) from unreasonably restricting energy independence. These protections are hugely important for the rooftop solar market and will help to bring even more jobs and solar to Texas.
(from the Solar Energy Industries Association, www.seia.org/news/texas-governor-signs-series-pro-solar-bills-law)
Key clause from the SB 398:
“A municipality may not prohibit or restrict the installation of a solar energy device by a residential or small commercial customer except to the extent .. a property owner's association may prohibit the installation under Sections 202.010(d)(1) through (7), Property Code…”
Key clause from Section 202.010(d) of the property code:
“A property owners' association may include or enforce a provision in a dedicatory instrument that prohibits a solar energy device that .. is located in an area other than an area designated by the property owners' association, unless the alternate location increases the estimated annual energy production of the device, as determined by using a publicly available modeling tool provided by the National Renewable Energy Laboratory, by more than 10 percent above the energy production of the device if located in an area designated by the property owners' association.”
In Texas, south facing solar PV panel installations provide maximum annual production. East/west installations provide approximately 80-85% of maximum, and north facing installations provide only about 50% of maximum. Therefore, any solar panel placement requirement that prevents placement for maximum production would not be allowed.
See PVWatts Calculator at pvwatts.nrel.gov
2. Resources for municipal solar ordinance updates
Resources developed by the North Central Texas Council of Governments for the Texas State Energy Conservation Office are available at www.gosolartexas.org/address-solar-zoning-code-or-adopt-solar-ordinance. See “Model Ordinance Guidelines for Municipalities”
3. Resources and project idea for homeowners wanting to go solar
Group Purchase Idea
Solar United Neighbors (SUN) helps organize neighbors in an area or city into a group to go solar together – referred to as solar co-op. People love the community approach. SUN supports the co-op each stage of the solar process. Co-op members leverage bulk-purchasing power to get discounted pricing and a quality installation, while still signing individual contracts that ensure the right system for their home.
See www.solarunitedneighbors.org/texas/about-solar-united-neighbors-of-texas
Solar 101 – Texas Solar Energy Society, March 7, 2021
Check out this Solar 101 presentation from the Texas Solar Energy Society - youtu.be/JO2DkGXya_Q
We hope you find this information useful. Please share with others across Texas!
Shine On!
Plano Solar Advocates
