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. Optimum when perpendicular to the sun. Unobstructed high angle summer sun produces more than tree obstructed low angle winter sun Solar thermal systems: Use the sun to heat water, either active or passive. May require less surface area than PV. Requires a storage tank for heated water or pool ¹Zoning Practice. American Planning Association. Issue Number 4. Solar Access. April 2009 California Solar Act & Urban Forestry~Integration Ground mounted PV Single cell, Roof mounted PV unlinked California Solar Act & Urban Forestry~Integration Cells are connected ‘in- line’, like a daisy chain Shading cells mid-line from a tree or building may diminish or cancel out the remaining PV cells in the line. California Solar Act & Urban Forestry~Integration Incentives for the Solar Energy Systems Federal, State and Tax Credits Income tax deduction to 30% of installation cost (renewable Energy Tax Credit 2008): For an average $30,000 residential installation, income deduction would be $8,000 to $10,000 in a tax year. Local governments have renewable energy loan programs as part of their overall climate change plans. Loan repayment times of between 10 and 30 years thru utility bill savings or property tax bills. California Solar Act & Urban Forestry~Integration Incentives for the Solar Energy Installation Solar Collector companies and local agencies provide loan programs to lower upfront cost: For a comprehensive listing of incentive programs browse the Database of State initiatives for Renewable and Efficiency (DSIRE), via North Carolina State University. Expidential numbers of Solar Collector increase should be expected in all areas of residential, commercial, educational hillside and grassland areas. Cities in northern california recorded more than 11,500 new solar PV systems between 1998-2007. 2007- 2010 may have tripled this number. California Solar Act & Urban Forestry~Integration Solar Access Protection CA Solar Shade Control Act of 1979 (old law) Originally drafted prohibited shading of solar collectors due to tree growth a solar system is installed. Must maintain tree size indefinitely. No more than 10% of the PV can be shaded between 10a.m. and 2p.m. Location must be 5-feet from property line and 10-feet from ground. Law required trees to remain ‘static’ in size and shade cast when encroaching on a PV system. Public and private urban shade tree investments and benefits were at significant risk if PV systems were not installed in prime locations. California Solar Act & Urban Forestry~Integration d oo w se ed a R C e ity ul C s ap C • Solar PV panel array proposed for the south facing roof exposure. • City street tree would need to be topped annually for solar access, thereby eliminating long term service benefits of the large canopy tree Application was denied resource. •Photo story by Gordon Mann California Solar Act & Urban Forestry~Integration Solar Access Protection CA Solar Shade Control Act of 2009 (current law) California Public Resources Code Chapter 176, Sec 25981-25985 The original 1979 Solar Shade Act Trees must allow optimum shade of 10% or less between 10 am and 2 pm. Santa Clara County v. Treanor. AKA, Sunnyvale/Santa Clara case. 2007-2008. Law reform legislation was brought by Senator Joe Simitian after the residential solar conflict with trees issue was brought to his attention by his annual, ‘There otta be a law’ contest. The 1979 law was amended in 2008 to address issues that stemmed from the landmark Sunnyvale/Santa Clara court case. California Solar Act & Urban Forestry~Integration CA Solar Shade Control Act of 2009 (current law) Changes now in effect Exemptions to the Act if trees were planted before the installation of a solar collector Includes the future growth of a tree, and its replacement if the tree dies or is removed. Exemption provides for the future growth of the tree, as well as its replacement if the tree dies or is removed. Definition of solar collector was changed to include PV devices on the ground. Ground installation locations may increase the occurrence of tree conflicts in densely populated zones. California Solar Act & Urban Forestry~Integration CA Solar Shade Control Act of 2009 (current law) Changes now in effect Changed the remedy of a violation from a public nuisance to a private nuisance. State no longer prosecutes, civil matter not adjudicated by local govt. In other words, the burden is now on both parties, instead of the defendant tree owner against the public nuisance criminal violation. (Ex., the Sunnyvale (Treanor) v. Santa Clara County (DA) Exempts trees that are subject to a local city or county ordinance, such as: Tree Ordinance protected trees (muni-code) Publicly owned trees (muni-code) Zoning trees (designated as part of a formal landscape plan required by a entitlement approval) California Solar Act & Urban Forestry~Integration CA Solar Shade Control Act of 2009 (current law) Changes now in effect Changed the remedy of a violation from a public nuisance to a private nuisance. State no longer prosecutes, civil matter not adjudicated by local govt. In other words, the burden is now on both parties, instead of the defendant tree owner against the public nuisance criminal violation. (Ex., the Sunnyvale (Treanor) v. Santa Clara County (DA) Excludes a solar collector that is designed and intended to offset more than the building’e electric demand. In other words, a system cannot generate a profit or prevail over a tree even if it has ‘first right’ designation. California Solar Act & Urban Forestry~Integration Shading Study, Spring 10AM Correct Placement Solar Thermal Panels Photovoltaic PV Panels Redwoods, north side Oaks, south side California Solar Act & Urban Forestry~Integration Shading Study, Fall 10AM Not optimum placement Redwoods, north side Oaks, south side California Solar Act & Urban Forestry~Integration Panels Shading Study, Winter 10AM shaded in excess of Not optimum placement 10% Tree canopy growing in size Redwoods, north side Oaks, south side California Solar Act & Urban Forestry~Integration Fox 2 Video District Attorney vs. Sunnyvale (Treanor) case 2008 California Solar Act & Urban Forestry~Integration Case Capsule Vargas vs. Treanor Mercury News Photo California Solar Act & Urban Forestry~Integration Mercury News Photo • Solar PV panels installed low in the shade cast of Case existing redwoods Capsule • Subject to prior 1978 law provisions. Two trees in violation of 10%+ panel shade Vargas • If subject to the 2009 law vs. provisions, trees, future growth and replacement Treanor would prevail California Solar Act & Urban Forestry~Integration Ned Patchett, ProjectType Arborist II er m um S n Su California Solar Act & Urban Forestry~Integration Type II Ned Patchett, Project Arborist un r S te in W California Solar Act & Urban Forestry~Integration Document trees on plot plans to locate the PV panels in optimum PV Panels locations PV Panels • Plans for site, zoning review PV Panels and building permit for the solar collector unit location • Show presence of trees, including on neighboring lot that may cast shadow near proposed PV panels California Solar Act & Urban Forestry~Integration Related solar access case: New 3-story Hotel An Oak tree is Century old identified as a Coat Live Oak being protected biological and supplied resource with solar access Environmental impact tree saving measres were created Solar Access Study of Shading (required by planning staff) for a mature Coast Live Oak revealed significant foreseeable impact. Mitigation was required. Rooms were swapped w/ other areas, bldg & roof were notched, and new study reflects acceptable increase in solar access. Tree protection