H 3979  General Bill, By Morgan, Bradley, W.Newton, Herbkersman, Martin, J.Moore, 
Kirby, Fry, Crawford, Cogswell, B.Cox, Elliott, Wetmore, Ballentine, Dillard, 
Davis, J.E.Johnson, T.Moore, Bennett, Erickson, McGinnis, Trantham, Burns, 
West, Wooten, Pope, Carter, K.O.Johnson, Matthews, Bustos, Alexander, Brittain, 
Bailey, Gatch, Robinson, McDaniel, Chumley, Ott, M.M.Smith, Collins, Jones, 
Huggins, Pendarvis, V.S.Moss, McCravy, Simrill, Rutherford, McGarry, Bernstein, 
Brawley, Gilliam, Hiott, Kimmons, Murphy, B.Newton, G.M.Smith, G.R.Smith, 
Stringer, Taylor, Willis and Tedder
 A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION
 27-30-135 SO AS TO RENDER A DEED RESTRICTION, COVENANT, OR A HOMEOWNERS
 ASSOCIATION DOCUMENT INTENDED TO PROHIBIT THE INSTALLATION OF A SOLAR ENERGY
 SYSTEM VOID AND UNENFORCEABLE.

   02/24/21  House  Introduced and read first time (House Journal-page 43)
   02/24/21  House  Referred to Committee on Labor, Commerce and
                     Industry (House Journal-page 43)
   02/25/21  House  Member(s) request name removed as sponsor: Nutt,
                     Allison
   02/25/21  House  Member(s) request name added as sponsor: Tedder
   03/03/21  House  Member(s) request name removed as sponsor:
                     Henderson-Myers
   03/09/21  House  Member(s) request name removed as sponsor:
                     Magnuson, Long
   03/11/21  House  Member(s) request name removed as sponsor: Hyde,
                     Forrest
   03/16/21  House  Member(s) request name removed as sponsor: Haddon
   03/23/21  House  Member(s) request name removed as sponsor:
                     S.Williams, Rivers
   04/08/21  House  Member(s) request name removed as sponsor: Rose
   04/21/21  House  Member(s) request name removed as sponsor: R.Williams

H. 3979

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 27-30-135 SO AS TO RENDER A DEED RESTRICTION, COVENANT, OR A HOMEOWNERS ASSOCIATION DOCUMENT INTENDED TO PROHIBIT THE INSTALLATION OF A SOLAR ENERGY SYSTEM VOID AND UNENFORCEABLE.

Be it enacted by the General Assembly of the State of South Carolina:

SECTION    1.    Article 1, Chapter 30, Title 27 of the 1976 Code is amended by adding:

    "Section 27-30-135.    (A)    A restrictive covenant, declaration, rule, contractual provision, or other provision concerning the installation and utilization of a solar energy system found in a deed, contract, lease, rental agreement, or the governing documents of a homeowners association that would prohibit or have the effect of prohibiting the installation and utilization of a solar energy system is void and unenforceable.

    (B)    Nothing in this section may be construed to prohibit a homeowners association from requiring reasonable design accommodations to ensure that a solar energy system is installed in a manner that is consistent with the aesthetic requirements applicable to all homeowners association members."

SECTION    2.    This act takes effect upon approval by the Governor.