Delaware 149th General Assembly (2017-2018) Status: Passed House 3 D cosponsors

HB 58 — AN ACT TO AMEND TITLE 25 OF THE DELAWARE CODE RELATING TO SOLAR PHOTOVOLTAIC SYSTEMS AND RESTRICTIVE COVENANTS.

Last action — Defeated By House. Votes: 17 YES 22 NO 1 NOT VOTING 1 ABSENT

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. 3
    Passed House
  4. 4
    Passed Senate
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 149th General Assembly (2017-2018). It reached “Passed House” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there are no live odds of enactment. It would have to be reintroduced in the current session to move again.

Summary

This Bill enables the use of roof or ground mounted solar systems on privately owned residential dwellings by making covenants or other restrictions that effectively prohibit or unreasonably restrict the installation of solar photovoltaic systems in Delaware void and unenforceable, regardless of the date recorded. This Bill also explains that it is the policy of the State of Delaware to protect the public health, safety, and welfare by encouraging the development and use of renewable resources and to remove obstacles thereto. This Bill further provides for costs and reasonable attorneys' fees to be awarded to the prevailing party in any litigation arising under the provisions of this Section. This Bill does not render void and unenforceable reasonable restrictions on roof or ground mounted solar systems.

Bill Text

Action History

  1. Defeated By House. Votes: 17 YES 22 NO 1 NOT VOTING 1 ABSENT

  2. Amendment HA 1 to HB 58 - Passed In House by Voice Vote

  3. Amendment HA 1 to HB 58 - Introduced and Placed With Bill

  4. Reported Out of Committee (Natural Resources) in House with 1 Favorable, 4 On Its Merits, 1 Unfavorable

  5. Introduced and Assigned to Natural Resources Committee in House

Sponsors

Sponsorship breakdown

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4 sponsors · 6 co-sponsors · 52 not signed on · 21 voted No

Sponsors (4)

Co-sponsors (6)

Not signed on (52)

52 members have not signed on to this bill.

Show all 52 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

SM

Failed 17 Yea · 22 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 131002
Democratic 3400
Republican 1800
Total 172202
% of votes cast 41%54%0%5%
How each member voted (41)
Member Party Vote
Andria L. Bennett — Yea
Bryon H. Short — Nay
Charles Potter Jr. — Yea
David Bentz — Yea
Deborah Hudson — Nay
Earl G. Jaques Jr. — Nay
Gerald L. Brady — Nay
Harvey R. Kenton — Nay
Helene M. Keeley — Yea
James Johnson — Yea
John A. Kowalko — Yea
John J. Viola — Yea
John L. Mitchell — Yea
Joseph E. Miro — Yea
Melanie George Smith — Nay
Michael Mulrooney — Yea
Michael Ramone — Not Voting
Paul S. Baumbach — Yea
Peter C. Schwartzkopf — Yea
Quinton Johnson — Nay
Ruth Briggs King — Nay
Sean Matthews — Not Voting
Stephen Smyk — Nay
Valerie Longhurst — Yea
William R. Outten — Nay
Debra Heffernan Democratic Yea
Edward S. Osienski Democratic Nay
Kimberly Williams Democratic Yea
Sean M. Lynn Democratic Nay
Stephanie T. Bolden Democratic Yea
Trey Paradee Democratic Nay
William J. Carson Democratic Nay
Charles S Postles Jr. Republican Nay
Daniel B. Short Republican Nay
David L. Wilson Republican Nay
Jeffrey N. Spiegelman Republican Nay
Kevin S Hensley Republican Nay
Lyndon D. Yearick Republican Nay
Richard G. Collins Republican Nay
Ronald E. Gray Republican Yea
Timothy D. Dukes Republican Nay

Official roll call →

Subjects

environment energy
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does HB 58 do?
This Bill enables the use of roof or ground mounted solar systems on privately owned residential dwellings by making covenants or other restrictions that effectively prohibit or unreasonably restrict the installation of solar photovoltaic systems in Delaware void and unenforceable, regardless of the date recorded. This Bill also explains that it is the policy of the State of Delaware to protect the public health, safety, and welfare by encouraging the development and use of renewable resources and to remove obstacles thereto. This Bill further provides for costs and reasonable attorneys' fees to be awarded to the prevailing party in any litigation arising under the provisions of this Section. This Bill does not render void and unenforceable reasonable restrictions on roof or ground mounted solar systems.
Who sponsors HB 58?
HB 58 is sponsored by Kimberly Williams (Democratic), John "Jack" Walsh (Democratic), Sean M. Lynn (Democratic), Joseph E. Miro, John A. Kowalko, Helene M. Keeley, Bruce C. Ennis, Andria L. Bennett, Harris B. McDowell, and Catherine Cloutier.
What is the current status of HB 58?
This bill died with 149th General Assembly (2017-2018). It reached “Passed House” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track HB 58?
Track HB 58 free on One Click Politics — get push/email alerts when it moves.

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