2026-09-10 · Massachusetts · Legislation · Did not pass

What happened. The bill that would have given Massachusetts solar owners a way to enforce a right they already have was disposed of by study order H.5323 on 6 April 2026.¹

H.3496, An Act ensuring solar energy access, was filed by Representative Carmine Lawrence Gentile with multiple co-sponsors, referred to the Joint Committee on Telecommunications, Utilities and Energy, heard on 9 October 2025, and given a reporting deadline extension to 18 March 2026 before the study order ended it.

First, what Massachusetts law already says

This bill is widely described as the one that would have voided restrictive covenants on solar. It would not have. M.G.L. c. 184 §23C already does:²

“Any provision in an instrument relative to the ownership or use of real property which purports to forbid or unreasonably restrict the installation or use of a solar energy system… or the building of structures that facilitate the collection of solar energy shall be void.”

“An instrument relative to the ownership or use of real property” reaches master deeds, declarations of trust and recorded covenants. It is a flat void rule, not a reasonableness balancing test, and it has been on the books for decades.

What H.3496 would have added

The bill amended §23C to bolt enforcement machinery onto that rule:

• A 60-day shot clock — associations would have had to act on a solar request within 60 days and give written explanations for any restriction imposed
• A numeric definition of “unreasonable” — a restriction that increases installation cost by more than 10 percent or $1,000, whichever is lower, or reduces system efficiency by more than 10 percent
• A private right of action — injunctive relief and damages, with court costs and attorney's fees to the prevailing party

1. H.3496, An Act ensuring solar energy access — bill page and history ↩
2. M.G.L. c. 184 §23C, solar energy systems; restrictive provisions void (codified text) ↩
3. M.G.L. c. 183A §10A, the EV right to charge, for comparison ↩