Assigned to NRE                                                                                                                     FOR COMMITTEE

ARIZONA STATE SENATE

Fifty-Fourth Legislature, First Regular Session

FACT SHEET FOR H.B. 2485

real property disclosure; solar; disposal

Purpose

            Requires the affidavit of disclosure for sale of land in an unincorporated area to notify the buyer if the property contains a solar energy device, including disposal and leasing requirements.

Background

            Current statute requires a seller of five or fewer parcels of land in an unincorporated area of a county to provide the buyer a written affidavit of disclosure at least seven days prior to the transfer of the property. The buyer can rescind the sales transaction for five days after receiving the affidavit of disclosure.

The affidavit of disclosure informs the buyer of the property's water and electric services, the surrounding road conditions, the property's accessibility by emergency vehicles and the property's proximity to a military facility. The executed affidavit is recorded at the time the deed of sale for the land is recorded (A.R.S. § 33-422).

A solar energy device is a system or series of mechanisms that provide heating, cooling, solar daylight and produce electrical and mechanical power to collect and transfer solar generated energy into such uses (A.R.S. § 44-1761).

            There is no anticipated fiscal impact to the state General Fund associated with this legislation.

Provisions

1. Requires the affidavit of disclosure to include:

The property      does have      does not have one or more solar energy devices that are      leased        owned.

Notice to buyer: If the property contains solar energy devices, it is the responsibility of the buyer to verify the proper replacement and disposal method for the devices, as applicable.

If the solar energy devices are leased, the seller or property owner shall disclose the name and contact information of the leasing company.                                 

Leasing company name: _____________   phone: _____________

2. Makes technical and conforming changes.

3. Becomes effective on the general effective date.

House Action

LAG                2/14/19      DP     7-0-0-0

3^rd Read          3/4/19                   59-0-1

Prepared by Senate Research

March 11, 2019

KN/LD/gs