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      RS 30:1154     


§1154. Regulations governing solar devices; solar leases

            A. The secretary shall develop and adopt, in cooperation with affected utility, agricultural, and solar industries, landowners, and consumer representatives and after one or more public hearings, regulations governing solar devices and property leases for the exploration, development, and production of solar energy. The regulations shall be designed to encourage the development and use of solar energy and to provide maximum information to the public concerning solar devices. The regulations may include all of the following:

            (1) Standards for testing, inspection, certification, sizing, capacity, and installation of solar devices, including spacing between installations and setbacks.

            (2) Provisions for the enforcement of the standards.

            (3) Accreditation of laboratories to test and certify solar devices.

            (4) Requirements for on-site inspection of solar devices, including specifying methods for inspection, to determine compliance or noncompliance with the standards.

            (5) Requirements for submission of any data resulting from the testing and inspection of solar devices.

            (6) Prohibitions on the sale of solar devices that do not meet minimum requirements for safety, capacity, and durability as established by the secretary.

            (7) Dissemination of the results of the testing, inspection, and certification program to the public.

            (8) Minimum requirements for property leases for the exploration, development, and production of solar energy, including but not limited to acreage, access, and maintenance of the property during the lease, decommissioning, and final site closure upon termination of the lease, and placement of this program within the department. The rules provided for in this Paragraph shall be promulgated by the secretary, but not implemented until the secretary identifies funding through fees, federal grants, or other sources.

            B. The secretary shall give due consideration to the effects of the regulations on the cost of purchasing, installing, operating, and maintaining solar devices, and shall reassess and amend the regulations as often as deemed necessary considering their effect upon the benefits and disadvantages to the widespread adoption of solar energy systems and the need to encourage creativity and innovative adaptations of solar energy.

            C. Under no circumstances may the secretary preclude any person from developing, installing, or operating a solar device on his own property for residential use.

            D. Any violation of any regulation adopted by the secretary pursuant to this Section may be enjoined in the manner prescribed by law.

            Acts 1983, No. 705, §2, eff. Sept. 1, 1983; Acts 2021, No. 301, §1.

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