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California Solar Rights Act and Solar Shade Control Act

The Energy Policy Initiatives Center (EPIC) has recently conducted a review of the Solar Rights Act and the Solar Shade Control Act in anticipation of increased demand for solar energy in the near future. Please see California's Solar Shade Control Act and California's Solar Rights Act for an in depth look at each important Act.

The Solar Shade Control Act grants certain protections to owners of solar collectors. Solar collectors that are blocked by the shade of a neighbor's tree or shrub may be protected under the Shade Act. The solar owner must be able to answer "Yes" to the following questions:

  • Does the neighboring tree or shrub shade more than 10% of the solar collector between 10 am and 2 pm local standard time?
  • Was the tree or shrub in question planted, or did the tree or shrub in question grow to shade the solar collector, after the solar collector's installation?
  • Did the tree or shrub in question begin to cast a shadow on the solar collector one year after the solar collector's installation?
  • Was the tree or shrub in question planted after January 1, 1979?
  • Was the solar collector installed pursuant to the Section 25982 setback requirements?
  • Does the solar collector meet the statutory definition of a "solar collector" provided in Section 25981?

There may be no violation of the Shade Act on the part of the tree or shrub owner if any of the following questions can be answered "No":

  • Does the tree or shrub shade more than 10% of the solar collector between 10 am and 2pm local standard time?
  • Do you own or lease the property on which the tree or shrub is located?
  • Was the tree or shrub in question was planted after January 1, 1979?

In addition to the questions above, the tree owner may not be in violation of the Shade act if any of the following questions can be answered "Yes":

  • During the 12 months following installation of the solar collector, did the tree or shrub in question cast a shadow on the solar collector?
  • Is the tree or shrub in question owned by a municipality that has passed an ordinance exempting itself from the Act?
  • Is the tree or shrub in question growing on land designated as timberland or agricultural land?
  • Are the trees or shrubs in question part of a passive cooling and heating strategy in which net energy savings from the passive solar system are demonstrably greater than those of the shaded solar collector?
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solar shading

The solar shading act only seems to address shading from trees. What about a trucking company next door that refuses to control dust in their dirt lot and the dirt accummulation on my solar collectors reduces the generating capacity? It probably also damages the solar panel surfaces. This has been an on going problem and they just laugh at our concerns. They have been cited by the air management district, but it didn't change their operations.

Continue filing air complaints

I don't know if any solar laws will help, but if the company is violating air pollution control laws, continue filing complaints with your Air Quality Management District. They can levy some pretty hefty fines for continual violations of federal laws and/or permit requirements (if applicable). Of course, when they come into compliance, your solar panels may still be affected to a certain degree by dust generation that is within the allowed limits.

Mr. Catalano's request for more regulation

Paul Harvey, who recently died, said that a "people who will not regulate themselves will soon find themselves regulated by someone else."

Did they say that the systems would achieve that without a pool cover? If so, that is specious at best, especially to anyone who has owned a pool for more than one year. In the southern states, pools will go over 95 deg in the hottest months, with pools opening in May and closing in September, giving 5 months of comfortable swimming. That said, if our peaks hit over 95 and we still fall under the magic number, it would take a heap of solar units to maintain the magic number for the extended, cooler months.

So, how well did the system work with your pool cover?

I'm sorry that the solar company won't stand behind their products. Our company has even covered an out of warranty problem because close inspection showed that we made a mistake. America's ethics are increasingly corrupt, as exemplified by today's headlines regarding those working in government and out.

Freedom depends on people doing the right thing when no one is looking, thus, John Adams wrote that "Our Constitution is only fit for a moral and religious people, it is wholly unsuited for any other."

I hope you can get relief somewhere besides regulation.

solar access rights for a property owner

Our city council amended the zoning law in order for a several story nursing home & independent living apartments to be just behind our property. This is a residential neighborhood and we have an inground swimming pool which has been the center of 3 generations of family backyard activities for 35 years. We do not have solar panels at this time, but thoroughly enjoy our sunshine activities. Have we any legal right to object to this proposed complex?

Right to access of sunlight?

My community is opposing a proposed 587 ft building (49 stories) . Shade/shadow studies show that it will cast a shadow on our homes. One home currently under construction has just installed solar devices on its roof. Can you point me to an ordinance that we can use to persuade the City to make the developer build a smaller building. As proposed, this building will be the tallest structure outside of downtown Los Angeles.

Re:

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reply

A city or county may not deny an application for a use permit to install a solar energy system unless it makes written findings based upon substantial evidence in the record that the proposed installation would have a specific, adverse impact upon the public health or safety, and there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impac

Solar Rip Off

I am in the middle of a consumer complaint against a Solar Pool contractor located in Simi Valley named California Solar (65 West Easy Street, #103 Simi Valley, CA. 93065 – 805-522-2747). This company sold and installed a Solar Pool heating system in our home in Van Nuys, which has never once been able to heat our pool since August of 2007.

Promises that can’t be delivered:
During my complaint process, I have had the opportunity to research many different Solar Contractors. Many of them promise 80 degree water in your pool over 8 months out of the year. While we have great weather in Southern California, these systems at best, (without a pool cover) can only marginally heat your pool a few months a year. (beyond what it would normally be). Often, a pool cover alone, is sufficient to heat pool water during the warmer months out of the year, without the cost (about $6000) of solar heating panels.

The problem: Americans who want to save energy and do the right thing are the easiest targets
The solar installer companies are not regulated and make outlandish promises to consumers who often spend thousands of dollars for these systems and in the end find out that they make little or no difference in their homes. The solar industry is in many ways very much like the old “tin men” who peddled aluminum siding years ago. All of their promises have to do what their system will do in the future. A future that sometimes never occurs. Most consumers want to save energy because the feel it’s the right thing to do and many of these unscrupulous contractors are counting on that.

The solution: We need regulation – require contractors to certify system performance
Solar contractors should be required to state the specific months of the year that the system will operate and provide the heating that is promised. There were some contractors that do include in their contract exactly the water temperature you can expect and what months out of the year you can expect such performance.

It’s important that we clean up the solar industry in our community because of its high cost and its appeal to consumers who want to do the right thing and save energy and then find themselves owning a system that simply doesn’t meet up to what was promised by the sales representative of the solar contractor. Unscrupulous contractors make promises that feed into the desire of all consumers to want to reduce energy consumption. They need to be held accountable to their claims.

What you can do:
Can you check this out. Do an undercover - either ask for a bid from one or more of these companies and see what they promise you for your money. Let’s bring the dishonest ones into the light.

Frank Catalano
818-994-2779

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