WeVote
Log In

Bill

Bill

H 3996

An Act relative to Massachusetts Solar Access Law

194th Legislature (2025-2026) Introduced by Michelle Badger

H.3996 limits HOAs from unreasonably delaying or denying rooftop solar, requires health-safety concerns be proven in court, and allows only reasonable restrictions.

Accompanied a study order, see H5352 (under House Rule 27)
0
WeVote Research Nonpartisan
Bill Summary · H 3996

Summary: H.3996 – An Act Relative to Massachusetts Solar Access Law

Overview

H.3996, introduced by Representative Michelle L. Badger, seeks to strengthen solar access rights in Massachusetts by limiting homeowners’ associations (HOAs) and similar organizations from unreasonably restricting or delaying the installation of solar energy systems on roofs. The bill adds explicit protections for solar installations on permanent buildings and clarifies that certain health-and-safety concerns must be proven in court.

  • Bill number: H.3996
  • Short title: An Act relative to Massachusetts Solar Access Law
  • Introduced: April 3, 2025
  • Sponsor: Rep. Michelle L. Badger (1st Plymouth)
  • Current hearing: Scheduled for October 15, 2025 (1:00 PM–5:00 PM) in hearing room A-1
  • Related bill: HD 555 (replaces)

Purpose and intent

The bill aims to ensure accessible solar energy by preventing unreasonable HOA actions that would impede the siting and construction of solar energy systems on roofs of buildings. It also seeks to anchor the restriction on HOAs in court-based standards, particularly with respect to public health, safety, and welfare concerns.

Key provisions

Section 1 – Amendment to Chapter 40A (Zoning) – Section 3

  • Adds two sentences to the ninth paragraph of Section 3:
    • Any claimed damage to public health, safety, and welfare that would support restricting solar systems attached to permanent buildings must be proven in court by local authorities.
    • No HOA or other owners’ organization shall unreasonably refuse or unreasonably delay the installation of solar energy systems or the building of structures that facilitate solar energy collection on roofs, consistent with Section 25 of Chapter 183A.

Section 2 – New Section in Chapter 183A – Section 25

  • Prohibits HOAs or organizations of owners from unreasonably refusing or unreasonably delaying the installation of solar energy systems or the construction of structures on roofs to collect solar energy.
  • Allows HOAs or organizations of owners to impose reasonable restrictions on such installations or structures.

Who is affected

  • Homeowners and residents seeking to install solar energy systems on roofs of their homes or buildings.
  • Homeowners’ associations (HOAs) and organizations of owners, which would be subject to new standards prohibiting unreasonable refusals or delays and permitting only reasonable restrictions.
  • Local authorities and municipalities, particularly regarding the standards for proving health and safety concerns in court.

Procedural and timeline aspects

  • Referred to a committee: April 3, 2025 (Municipalities and Regional Government)
  • Senate concurrence: April 7, 2025; July 10, 2025
  • Discharged to the committee on Housing: July 7, 2025
  • Hearing scheduled: October 15, 2025 (01:00 PM–05:00 PM) in A-1
  • Legislative status as of provided update: Hearing scheduled; related actions indicate progression through the House and Senate in 2025

Related and historical context

  • Related bill: HD 555 (replaces the current filing)
  • The bill builds on Massachusetts solar access policy by setting a clearer standard against unreasonable HOA actions and by codifying a process for evaluating public health and safety concerns tied to solar installations.

Potential impact and considerations

  • Expected effect: Greater likelihood of timely solar installations on roofs by reducing arbitrary HOA delays or refusals, while preserving the ability of HOAs to impose reasonable, safety- or appearance-related restrictions.
  • Legal standard: Unreasonableness remains the key test for HOA actions, with court involvement invoked for health and safety claims.
  • Implementation considerations: HOAs may need to update covenants and rules to reflect “reasonable restrictions” and to align with the new Section 25 requirements.

This summary covers the bill’s purpose, provisions, affected parties, and procedural status to help readers understand its scope and potential impact.

Compiled from official sources — confirm details with the bill’s official record.

Sign in to ask a question.