DOCSLIB.ORG

AB 2188 Implementation Requirements for Rooftop Solar Systems Wednesday, May 6, 2015 Opening General Session; 1:00 – 3:00 P.M

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
AB 2188 Implementation Requirements for Rooftop Solar Systems Wednesday, May 6, 2015 Opening General Session; 1:00 – 3:00 P.M AB 2188 Implementation Requirements For Rooftop Solar Systems Wednesday, May 6, 2015 Opening General Session; 1:00 – 3:00 p.m. Stephen E. Velyvis, Burke, Williams & Sorensen DISCLAIMER: These materials are not offered as or intended to be legal advice. Readers should seek the advice of an attorney when confronted with legal issues. Attorneys should perform an independent evaluation of the issues raised in these materials. Copyright © 2015, League of California Cities®. All rights reserved. This paper, or parts thereof, may not be reproduced in any form without express written permission from the League of California Cities®. For further information, contact the League of California Cities® at 1400 K Street, 4th Floor, Sacramento, CA 95814. Telephone: (916) 658-8200. 35 Notes:______________________________________________ ____________________________________________________ ____________________________________________________ ____________________________________________________ ____________________________________________________ ____________________________________________________ ____________________________________________________ ____________________________________________________ ____________________________________________________ ____________________________________________________ ____________________________________________________ ____________________________________________________ ____________________________________________________ ____________________________________________________ ____________________________________________________ ____________________________________________________ ____________________________________________________ ____________________________________________________ ____________________________________________________ ____________________________________________________ ____________________________________________________ ____________________________________________________ ____________________________________________________ ____________________________________________________ ____________________________________________________ ____________________________________________________ ____________________________________________________ ____________________________________________________ ____________________________________________________ 36 League of California Cities City Attorneys’ Spring Conference Monterey, CA May 2015 AB 2188 Implementation Requirements For Rooftop Solar Systems Stephen E. Velyvis, Esq. Burke, Williams & Sorensen, LLP 1901 Harrison Street, Suite 900 Oakland, CA 94612 [email protected] www.bwslaw.com 37 AB 2188 Implementation Requirements For Rooftop Solar Systems I. INTRODUCTION. The French physicist Alexandre-Edmond Becquerel, who studied the solar spectrum, magnetism, electricity and optics, is credited with the discovery of the photovoltaic effect, the operating principle of the solar cell, in 1839. The word photovoltaic, commonly known as “PV” for short, describes the process of converting sunlight into electricity – “photo,” meaning pertaining to light, and “voltaic,” meaning producing voltage. Amazingly, Edmond Becquerel purportedly discovered the PV effect at the age of 19 during an experiment in his father’s laboratory that resulted in the illumination of the chemical compound silver chloride (which generated voltage and current) when it was placed in an acidic solution while connected to platinum electrodes. It took more than 100 years, however, for the concept of producing electricity from sunlight to take off, but solar energy innovation finally broke through in the 1950’s when scientists at Bell Laboratories created and publicly demonstrated the first practical PV cell and has advanced quickly ever since, and exponentially as of late. California has long embraced solar energy, and officially began promoting and encouraging solar energy in the 1970’s when it began to provide solar energy technology investment incentives1 and enacted the Solar Rights Act and the Solar Shade Control Act2 to protect a consumer’s right to install and operate solar energy technology on homes and businesses. Despite this long-held commitment to the promotion of solar energy, and the fact that California leads the nation in rooftop solar installations, even greater solar adoption is needed to achieve the state’s ambitious renewable energy and greenhouse gas (GHG) emissions reduction goals (e.g., requiring at least one-third of the state’s electricity come from clean energy sources and statewide GHG emissions be reduced to 1990 levels by 2020.). Further, recent studies, including two prepared by or in conjunction with the Lawrence Berkeley National Laboratory, report that the time delays and procedural variations associated with the issuance of solar system building permits elevates the installed price of solar higher than it should be and that the implementation of streamlined permitting practices at the local level can significantly reduce the cost of 3 residential solar systems and cut development time. Together, the need for greater 1 A solar energy tax credit was instituted in 1976 and codified in California Revenue and Taxation Code section 23601 (and then repealed in 1987). 2 The Solar Rights Act and Solar Shade Act were both adopted in 1978. 3 Two of these reports, entitled: (1) “The Impact of City-level Permitting Processes on Residential Photovoltaic Installation Prices and Development Times: An Empirical Analysis of Solar Systems in California Cities,” and (2) “How Much Do Local Regulations Matter? Exploring the Impact of Permitting and Local Regulatory Processes on PV Prices in the United States,” can be found at the following links, 38 AB 2188 Implementation Requirements For Rooftop Solar Systems solar adoption and the desire to further spur residential solar systems by reducing costs and delays lead former Democratic Assemblyman Albert Muratsuchi to introduce, the Legislature to pass and Governor Brown to sign AB 2188 into law. So now, cities, especially those that currently do not have an ordinance addressing solar system permitting, must focus on preparing and adopting an ordinance doing just that by September 30, 2015 to comply with AB 2188. This paper begins with a brief summary of the Solar Rights Act and related laws and programs, moves on to demonstrate the specific amendments made thereto by the passage of AB 2188, and concludes by examining those changes as they pertain to development of the required ordinance in the first instance, and then to each step of the typical permitting process - from permit application, to the review/approval/denial thereof, and, if approved, to the final inspection. II. THE SOLAR RIGHTS ACT AND RELATED SOLAR ENERGY LAWS AND PROGRAMS PROMOTING SOLAR ENERGY SYSTEMS AND RESTRICTING LOCAL REGULATION THEREOF.4 A. The Solar Rights Act. The Solar Rights Act was enacted in 1978 (AB 3250), went in to effect on January 1, 1979, and is comprised of the following laws: Civil Code Sections 714, 714.1, 801 and 801.5; Health and Safety Code Section 17959.1; and Government Code Sections 65850.5, 66473.1 and 66475.3. The Legislature made its intention crystal clear early on by declaring, in Section 65850.5(a), as follows: It is the intent of the Legislature that local agencies not adopt ordinances that create unreasonable barriers to the installation of solar energy systems, including, but not limited to, design review for aesthetic purposes, and not unreasonably restrict the ability of homeowners and agricultural and business concerns to install solar energy systems. It is the policy of the state to promote and encourage the use of solar energy systems and to limit obstacles to their use. It is the intent of the Legislature that local agencies comply not only with the language of this respectively: http://emp.lbl.gov/sites/all/files/lbnl-6140e.pdf and http://emp.lbl.gov/sites/all/files/lbnl- 6807e_0.pdf. 4 This section is not a comprehensive review of all solar energy-related laws, but rather, a focused summary of select solar energy-related laws associated with laying the foundation for and encouraging the growth of small rooftop residential solar energy systems, and restricting local government regulation thereof. 39 AB 2188 Implementation Requirements For Rooftop Solar Systems section, but also the legislative intent to encourage the installation of solar energy systems by removing obstacles to, and minimizing costs of, permitting such systems. Generally speaking, the California Legislature enacted the Solar Rights Act to initiate a legal framework for solar access and to protect a homeowner’s right to install a solar energy system by limiting the ability of local governments and homeowners associations (through its covenants, conditions, and restrictions (“CC&Rs”)) to restrict solar installations. Prior to the amendments made by AB 2188, the most important provisions of the Solar Rights Act created: • Limits on CC&Rs: by prohibiting CC&Rs from unreasonably restricting the use or installation of solar energy systems (see Civil Code Sections 714 and 714.1). • Solar Easements: which created the legal rights to a solar easement and to receive sunlight across real property of another for use by a solar energy system (see Civil Code Sections 801 and 801.5), and allows cities and counties to require the dedication of solar easements in certain subdivisions as a condition of tentative map approval (see Gov’t Code Section 66475.3). • Limits on Local Government Restrictions: by discouraging local governments from adopting ordinances creating
Load more

Recommended publications
  • Access Rights for the Solar User: in Search of the Best Statutory Approach
    Land & Water Law Review Volume 16 Issue 2 Article 3 1981 Access Rights for the Solar User: In Search of the Best Statutory Approach Robert W. Tiedeken Follow this and additional works at: https://scholarship.law.uwyo.edu/land_water Recommended Citation Tiedeken, Robert W. (1981) "Access Rights for the Solar User: In Search of the Best Statutory Approach," Land & Water Law Review: Vol. 16 : Iss. 2 , pp. 501 - 523. Available at: https://scholarship.law.uwyo.edu/land_water/vol16/iss2/3 This Comment is brought to you for free and open access by Law Archive of Wyoming Scholarship. It has been accepted for inclusion in Land & Water Law Review by an authorized editor of Law Archive of Wyoming Scholarship. Tiedeken: Access Rights for the Solar User: In Search of the Best Statutory COMMENTS ACCESS RIGHTS FOR THE SOLAR USER: IN SEARCH OF THE BEST STATUTORY APPROACH "In the final analysis, almost all the energy avail- able to man is solar: fossil fuels are simply the stored legacy of past photosynthesis, the fissionable elements are formed in a solar furnace; and a ther- monuclear,1 fusion reaction is essentially a miniature sun." The above statement contains a profound fact that was long overlooked in our energy consumptive society. Not until the oil embargo of 1973 did the United States begin to consider solar energy as a viable, efficient replacement for the energy needs of the country. Clearly the substitu- tion of solar for fossil fuels or nuclear energy would re- quire enormous capital expenditure, however, solar power is extremely attractive as a source of energy at the local level.2 Moreover, with the onslaught of the need to develop new energy sources it was soon discovered that the legal system did not encourage the wide-scale development of solar power.
    [Show full text]
  • Report on the Database on Laws and Policies Related to Renewable Energy
    Report on the Database on Laws and Policies Related to Renewable Energy Prepared by Véronique Robichaud Report and database prepared for The Commission for Environmental Cooperation 28 February 2006 Database on Laws and Policies Related to Renewable Energy Table of Contents Introduction .................................................................................................................................................. 3 Definitions ..................................................................................................................................................... 4 Financial Incentives................................................................................................................................... 4 Corporate Tax Incentives...................................................................................................................... 4 Direct Equipment Sales......................................................................................................................... 4 Grant Programs ..................................................................................................................................... 4 Industrial Recruitment Incentives ......................................................................................................... 4 Leasing/Lease Purchase Programs........................................................................................................ 5 Loan Programs.....................................................................................................................................
    [Show full text]
  • Hawaiian Electric Company, Inc. INTEGRATED RESOURCE PLAN 2009–2028
    Hawaiian Electric Company, Inc. INTEGRATED RESOURCE PLAN 2009–2028 Docket No. 2007-0084 September 30, 2008 Hawaiian Electric Company, Inc. HECO IRP-4 Table of Contents TABLE OF CONTENTS Page EXECUTIVE SUMMARY…………………………………………………………. ES-1 1 INTRODUCTION.........................................................................................1-1 1.1 Purpose of IRP.............................................................................................................................. 1-1 1.2 Commission Ruling on HECO IRP-3 ......................................................................................... 1-1 1.3 May 2007 Evaluation Report....................................................................................................... 1-1 1.4 Major Changes since HECO IRP-3 ............................................................................................ 1-4 1.4.1 Hawaii Global Warming Solutions - Act 234 ............................................................................ 1-4 1.4.2 Hawaii Renewable Portfolio Standard ....................................................................................... 1-4 1.4.3 Hawaii Clean Energy Initiative..................................................................................................1-5 1.4.4 Biofuels Legislation ................................................................................................................... 1-5 1.4.5 Renewable Energy Infrastructure Program Docket...................................................................
    [Show full text]
  • California's Solar Shade Control
    California’s Solar Shade Control Act A Review of the Statutes and Relevant Cases Scott J. Anders Kevin Grigsby Carolyn Adi Kuduk Taylor Day Updated March 2010 Originally Published January 2007 Energy Policy Initiatives Center University of San Diego School of Law University of San Diego, 5998 Alcalá Park, San Diego, CA 92110 ◆ www.sandiego.edu/epic Disclaimer: The materials included in this paper are intended to be for informational purposes only, and should not be considered a substitute for legal advice in any particular case. About EPIC The Energy Policy Initiatives Center (EPIC) is a nonprofit academic and research center of the USD School of Law that studies energy policy issues affecting the San Diego region and California. EPIC integrates research and analysis, law school study, and public education, and serves as a source of legal and policy expertise and information in the development of sustainable solutions that meet our future energy needs. For more information, please visit the EPIC website at www.sandiego.edu/epic. © 2010 University of San Diego. All rights reserved. Solar Shade Control Act Table of Contents 1. Introduction ................................................................................................................................................................1 1.1. Organization of the Paper.................................................................................................................................1 2. The Solar Shade Control Act....................................................................................................................................3
    [Show full text]
  • Solar Skyspace B
    Minnesota Journal of Law, Science & Technology Volume 15 Issue 1 Article 19 2014 Solar Skyspace B Kk K. DuVivier Follow this and additional works at: https://scholarship.law.umn.edu/mjlst Recommended Citation Kk K. DuVivier, Solar Skyspace B, 15 MINN. J.L. SCI. & TECH. 389 (2014). Available at: https://scholarship.law.umn.edu/mjlst/vol15/iss1/19 The Minnesota Journal of Law, Science & Technology is published by the University of Minnesota Libraries Publishing. Solar Skyspace B K.K. DuVivier* I. Introduction ........................................................................... 389 II. The Solar Skyspace Problem ............................................... 391 A. Technology Considerations ..................................... 391 B. Solar Skyspace B ...................................................... 394 III. The Rise and Fall of Solar Access Right Legislation ........ 395 A. Strongest State Solar Access Protections ............... 399 B. State Solar Easement Statutes ............................... 403 C. State Statutes Authorizing Local Regulation of Solar Access.............................................................. 406 D. Local Solar Ordinances .............................................. 408 E. Other Solar Legislation that Has Been Eroded ........ 412 IV. A Case for Stronger Legislative Protections for Solar Skyspace B ...................................................................... 414 A. Common Law Rationales ......................................... 415 1. Ad Coelum Doctrine ..........................................
    [Show full text]
  • Use Laws to Preserve Trees
    A Western Street Tree Management Symposium Presentation ~ Integration of the California Solar Act with Urban Forestry ~ Trees & Climate Change Los Angeles County Arboretum, California Ayers Hall January 14, 2010 Presented by: Dave Dockter, Environmental City Planner-- ASCA, ISA, APA City of Palo Alto Planning Department, California, USA California Solar Act & Urban Forestry~Integration Topical Agenda I. Solar Systems 101, the basics II. The CA Solar Act (Public Resources Code) Relationship to trees and fiscal impact III.The CA Santa Clara v. Sunnyvale Case IV.The Graphics & Shadow Study Components V. Summary Discussion with Attendees Targeted Audiences: Solar Unit Sales Managers, Resident Property Owners,l Urban Forest Mangers, Architects, Arborists who Consult, Attorneys, Planning and Council Commissioners,Govt. staff, Landscape Architects, Educators & Students, Engineers, Environmental Consultants, PE’s SUMMARY SLIDE: Where are the trees governed by codes? California Solar Act & Urban Forestry~Integration STREET TREES: 1 MUNI-CODE/CITY PROPERTY 1 2 2 RESIDENTIAL TREES: TREE ORDINANCE COMMERCIAL 4 PROPERTY TREES: ZONING, 3 HILLSIDE, COASTAL, STREAMSIDE OR 3 OTHER ENVIRONMENTAL SITE SCHEME ORDINANCES 4 SOLAR ACCESS: CA SOLAR ACT / ANY PROPERTY NORTH California Solar Act & Urban Forestry~Integration Attendee Information on Solar Shade Act is important to you as a ‘front-line’ audience 1. Solar Company Industry & Sales Managers: 2. Utility Rebate Entity 3. Urban Forest Managers 4. Architects 5. Arborists who consult 6. Attorneys 7. Other secondary persons who are involved with policy setting, sustainability & energy criteria, zoning or code enforcement California Solar Act & Urban Forestry~Integration Solar Energy System Basics¹ The Solar Photovoltaic (PV) panels Solar (PV) panels: Generate electric current by converting direct sunlight radiation to electricity.
    [Show full text]
  • Don't Take My Sunshine Away: Right-To-Light and Solar Energy in the Twenty-First Century
    Pace Law Review Volume 28 Issue 3 Spring 2008 Article 3 April 2008 Don't Take My Sunshine Away: Right-to-Light and Solar Energy in the Twenty-First Century Tawny L. Alvarez Follow this and additional works at: https://digitalcommons.pace.edu/plr Part of the Energy and Utilities Law Commons Recommended Citation Tawny L. Alvarez, Don't Take My Sunshine Away: Right-to-Light and Solar Energy in the Twenty- First Century, 28 Pace L. Rev. 535 (2008) Available at: https://digitalcommons.pace.edu/plr/vol28/iss3/3 This Article is brought to you for free and open access by the School of Law at DigitalCommons@Pace. It has been accepted for inclusion in Pace Law Review by an authorized administrator of DigitalCommons@Pace. For more information, please contact [email protected]. Comments Don't Take My Sunshine Away: Right-to-Light and Solar Energy in the Twenty-First Century Tawny L. Alvarez* Introduction In 1977, in response to the Arab oil embargo and the United States' increasing dependency on foreign oil, President Jimmy Carter installed solar heating panels on the roof of the West Wing.' In 1980, when President Ronald Regan took office, he removed the panels, and the White House would not use so- lar energy again until August 2002, when President George W. Bush had 167 solar energy panels installed to help heat the presidential pool and spa.2 As gas prices rise in the early twenty-first century, United States citizens have again begun to question the country's de- pendency on foreign oil.
    [Show full text]
  • Simple and Low-Cost Method of Planning for Tree Growth and Lifetime Effects on Solar Photovoltaic Systems Performance
    Michigan Technological University Digital Commons @ Michigan Tech Department of Materials Science and Department of Materials Science and Engineering Publications Engineering 7-13-2013 Simple and Low-Cost Method of Planning for Tree Growth and Lifetime Effects on Solar Photovoltaic Systems Performance C. Dereli Michigan Technological University C. Yücedağ Michigan Technological University Joshua M. Pearce Michigan Technological University Follow this and additional works at: https://digitalcommons.mtu.edu/materials_fp Recommended Citation Z. Dereli, C. Yücedağ and J. M. Pearce, “Simple and Low-Cost Method of Planning for Tree Growth and Lifetime Effectson Solar Photovoltaic Systems Performance”, Solar Energy. http://digitalcommons.mtu.edu/materials_fp/34/ Follow this and additional works at: https://digitalcommons.mtu.edu/materials_fp Published as: Z. Dereli, C. Yücedağ and J. M. Pearce, “Simple and Low-Cost Method of Planning for Tree Growth and Lifetime Effects on Solar Photovoltaic Systems Performance”, Solar Energy (in press). DOI: http://dx.doi.org/10.1016/j.solener.2013.06.019 Simple and Low-Cost Method of Planning for Tree Growth and Lifetime Effects on Solar Photovoltaic Systems Performance Z. Dereli1, C. Yücedağ 2,4 and J. M. Pearce1,3,* 1. Department of Electrical & Computer Engineering, Michigan Tech. University, Houghton, MI, USA 2. School of Forest Resources and Environmental Science, Michigan Tech. University, Houghton, MI, USA 3. Department of Materials Science & Engineering, Michigan Tech. University Houghton, MI, USA 4. Department of Environmental Engineering, Bartın University, Bartın, Turkey * corresponding author: 601 M&M Building, 1400 Townsend Dr., Houghton, MI 49931-1295 [email protected] Abstract The use of distributed solar photovoltaic (PV) systems is growing more common as solar energy conversion efficiencies increase while costs decrease.
    [Show full text]
  • Solar Photovoltaics in British Columbia a Scoping Review of Residential, Grid-Connected Systems
    Solar Photovoltaics in British Columbia A Scoping Review of Residential, Grid-Connected Systems by SEAN TYNAN A PROJECT SUBMITTED IN PARTIAL FULFILLMENT OF THE REQUIREMENTS FOR THE DEGREE OF MASTER OF ARTS (PLANNING) in THE FACULTY OF GRADUATE STUDIES School of Community and Regional Planning We accept this project as conforming to the required standard …………………………………………………………….. …………………………………………………………….. …………………………………………………………….. THE UNIVERSITY OF BRITISH COLUMBIA Vancouver April, 2010 © Sean Tynan, 2010 Abstract This document provides information regarding recent developments in small-scale residential, grid-connected photovoltaic systems. The purpose of the document is three-fold: to explore the current status and potential of these systems within the Province of British Columbia, to identify the major barriers to PV systems, and to examine the key policy interventions that would be required to bring about widespread uptake of these systems. Research was conducted primarily through a review of the literature. This information was supplemented through a market survey and interviews with key informants from both the public and private sector. The document contains two substantive findings. Firstly, there are environmental benefits (greenhouse gas reductions) that will result from the uptake of residential PV systems within the Province. Secondly, cost is by far the largest barrier to PV system uptake. A major policy intervention to rebalance the economics of PV systems in BC would be required to support their widespread adoption within the next decade. Economic interventions to directly subsidize solar PV would likely be expensive relative to other forms of renewable energy in BC, and are therefore unlikely to be justifiable at present. If the price of PV systems reduces sufficiently over time, such measures could be considered.
    [Show full text]
  • How to Do Solar Energy Systems (Photovoltaic) in Hermosa Beach
    How to do Solar Energy Systems (Photovoltaic) in Hermosa Beach Why Go Solar? Solar photovoltaic (PV) technology converts sunlight directly into electricity. Increasing solar power is an important and efficient way that Hermosa Beach residents and businesses can create clean energy and gain the following benefits: • Solar energy puts the power to supply your electricity needs directly in your hands. • Harnessing the power of the sun can help lower your electric bill, decrease annual operating costs, and increase your property’s value. • Tax credits and incentives currently available can help lower your out-of-pocket costs and maximize your investment. Refer to the resources below. • Solar energy improves air quality by generating electricity free from harmful emissions. Los Angeles has the worst air quality in the nation. • Solar power helps ease demand on the power grid, which increases system reliability and decreases the need to build more power plants. • Solar energy can be used to power electric vehicles which reduce air pollution, noise and health impacts. • Solar power reduces dependence on fossil fuels and greenhouse gases. California has set a goal to create 3,000 megawatts of new solar-produced electricity by 2017, moving the state toward a cleaner energy future while helping to lower the cost of "going solar." Support renewable energy and reduce impacts on the environment by participating in the California Solar Initiative. http://www.sce.com/solarleadership/gosolar/california-solar- initiative/default.htm . Will a Solar Energy System Work at My Home or Business? Before considering solar, you are advised to implement conservation measures. In addition to gaining many of the benefits above, conversation will minimize the size of your PV system and make your home or business a more comfortable and healthy place to be.
    [Show full text]
  • Download Interface Controlled Organic Thin Films Free Ebook
    INTERFACE CONTROLLED ORGANIC THIN FILMS DOWNLOAD FREE BOOK Horst-GГјnter Rubahn, Helmut Sitter, Giles Horowitz, Katharina Al-Shamery | 230 pages | 16 Dec 2010 | Springer-Verlag Berlin and Heidelberg GmbH & Co. KG | 9783642101083 | English | Berlin, Germany Organic solar cell Matt, C. Important variables include materials, solvents and the donor-acceptor weight ratio. In Fig. Here, a highly cryst. Home About Help Search. Hence, UV-ozone treatment is a simple and efficient way to produce the desirable interface qualities that enable the highly ordered growth of C8-BTBT films. By continuing to use the site, you are accepting our use of cookies. Interface Controlled Organic Thin Films illumination with UV light, a dramatic change in the elec. AIP Adv. Sitter, B. Modulated photoelec. Despite the large roughness of Interface Controlled Organic Thin Films paper substrate, the fabricated transistor arrays exhibited high performance with a field-effect mobility reaching 1. Organic semiconductors are a central topic of advanced materials research. Figure 7. The phase-sepn. By adopting an up-side-down funnel, single cryst. All materials were used as received without further purification. These merits lead to OFETs with high performance and good reliability. H -G Rubahn. Front Matter Pages Heliostat Solar tracker Parabolic trough Solar power tower. Be the first. High-performance low-voltage flash memories based on org. The authors herein present results obtained from the authors' study of flat and uniform polymer-blended Interface Controlled Organic Thin Films. ACS Appl. Print version: Interface controlled organic thin films. Polymer solar cells inefficiency and stability problems, [5] combined with their promise of low costs [6] and increased efficiency [7] made them a popular field in solar cell research.
    [Show full text]
  • California's Solar Access Laws
    California’s Solar Access Laws By Kurt Newick & Andy Black California has several laws designed to encourage solar access and prevent restrictions on solar energy systems. These laws address municipal restrictions, residential landscaping, and homeowner association restrictions. • Solar Rights Act amended in 2004 by AB 2473 (Civil code section 714, Health and Safety Code section 17959.1, Government code section 65850.5): Prohibits local governments from restricting the installation of a solar energy system based on aesthetics. • Solar Rights Act amended in 2003 by AB 1407 (Civil Code section 714): Requires that public entities do not place unreasonable restrictions on the procurement of solar energy systems when applying for state-sponsored grants and loans. • Solar Shade Control Act of 1979 (Public Resources Code sections 25980- 25986): addresses shade from neighboring vegetation. • Solar Rights Act of 1978 (Civil Code section 714): Homeowner associations must not place unreasonable restrictions on homeowners wishing to install solar energy systems. • Solar Easement Law (Civil code sections 801 & 801.5): Provides the opportunity to protect future solar access via a negotiated easement with neighboring property owners. • Many cities and counties have local solar access laws and guidelines. For regional specific information on these and financial incentives, including tax credits, that make solar power more affordable, go to www.dsireusa.org. Solar Rights Act amended by AB 2473 This law became effective on 1/1/2005. It is the intent of this law that “local agencies not adopt ordinances that create unreasonable barriers to the installation of solar energy systems, including, but not limited to, design review for aesthetic purposes.” Local authorities shall approve applications through permit issuance and can only restrict solar installations based on health and safety reasons.
    [Show full text]