Delaware Law Eases Restrictions on Renewable Energy

All homeowners in Delaware can now install solar panels and wind turbines on their property, with legislation signed Thursday that prohibits deed restrictions that have prevented some homeowners from doing so in the past.The legislation does not apply retroactively, meaning such deed restrictions now in place in existing subdivisions are still enforceable. It does allow homeowners association members to vote to amend covenants dealing with the panels by a two-thirds vote of the property owners.
 
Another piece of legislation -- Senate Bill 85 -- will allow families, businesses and farms that generate renewable energy to sell back to the grid any excess power they generate, instead of losing that energy without compensation at year's end.
 
Gov. Jack Markell signed the bills at a news conference Thursday next to the solar panels at the DuPont Co.'s Chestnut Run Plaza. The legislation aims to help the environment by reducing carbon emissions and will help the economy by creating jobs installing solar and wind technologies, he said.
 
The legislation allows Delaware to be a leader in the areas of environment and economy, Markell said. It also reduces dependency on foreign energy sources and thus increases national security, he said.
 
Markell already has a 3-kilowatt solar system installed at his house, which reduces his summer electric bill by 30 percent to 35 percent. And his son recently checked a meter that gauges carbon emissions and they've avoided "tons and tons" of them, he said.
 
The legislation that prohibits deeds from barring homeowners' solar panel installation -- Senate Bill 49 -- and legislation that prohibits deeds from preventing homeowners' installation of wind turbines -- House Bill 70 -- were both introduced in the state last year, though neither one passed, said DNREC Secretary Collin O'Mara.
 
O'Mara helped to rewrite and strengthen the bills in reference to the economy and the environment, he said.
 
"Climate change is one of the greatest challenges facing the world -- and this creates jobs in the process," O'Mara said. "If we're smart, environmental policy can be one of the strongest economic drivers."
 
He said that through his involvement with rewriting the bills, he spoke with dozens of families who were interested in having cleaner power.
 
Brian Lisiewski, president of Millsboro-based Flexera, which sells and installs alternative energy products, said the company had some input on the bills and that opposition mainly came from homeowners' associations.
 
He had been interested in installing solar panels on his own house but has not yet been able to because his housing community would not allow solar panels that were not the exact color of his sand-colored shingles -- which was impossible, he said.
 
"This is actually a good day," Lisiewski said. "I'll have to send pictures to my developer."
 
He said the three pieces of legislation are significant and are a great step toward fulfilling Markell's energy plan.
 
"This isn't a vision of the future," O'Mara said. "This is happening right now."