AN ACT CONCERNING THE RIGHT TO DRY.

Be it enacted by the Senate and House of Representatives in General Assembly convened:

Section 1. (NEW) (Effective July 1, 2008) (a) For the purposes of this section, "governing body" means any municipality, political subdivision of the state, fire district, sewer district, village, beach or improvement association or any other district or association or any condominium or cooperative association; and "direct solar energy" means direct sunlight or ambient outside air warmed by sunlight.

(b) No governing body may impose an ordinance, regulation or other restriction prohibiting the drying of clothes using direct solar energy through the use of clotheslines, drying racks or other apparatus in any residential setting.

(c) No deed restrictions, covenants, landlord-tenant agreements, private contracts or similar binding agreements running with the land shall prohibit, or have the effect of prohibiting, the drying of clothes using direct solar energy through the use of clotheslines, drying racks or other apparatus in any residential setting, provided such clotheslines, drying racks or other apparatus do not affect public safety, including, but not limited to, hampering access to public buildings or impeding rapid emergency egress.

(d) Notwithstanding subsection (c) of this section, a governing body may prohibit the drying of clothes using direct solar energy through the use of clotheslines, drying racks or other apparatus in any residential setting if (1) nonpermanent alternatives, such as folding racks, would provide the same drying service as permanent installations of clotheslines and supporting structures; (2) functionally equivalent alternate drying facilities, such as indoor drying rooms, are available, provided said facilities do not rely on the use of electricity or fossil fuels specifically for drying; or (3) such prohibitions incorporate aesthetic considerations, provided such restrictions do not substantially interfere with access to direct solar energy for drying purposes.

Statement of Purpose:

To facilitate energy conservation.

[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not underlined.]