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?

Comment viewing options

Select your preferred way to display the comments and click "Save settings" to activate your changes.

Re:

Thanks for the post

i'll second that..your blog writing really stands out and the design of this blog is really slick and smart...keep up the good work ;)

hii

This was a informative article. You always do a wonderful job in keeping the readers interest. I continue to enjoy your well written articles.

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

Post new comment

The content of this field is kept private and will not be shown publicly.
Copy the characters (respecting upper/lower case) from the image.




Like what you see? Go ahead and show your support! UCAN is a truly independent non-profit watchdog organization, dependent on grassroots donations like yours!


Utility Consumers' Action Network

(619) 696-6966 or file a complaint about a company online.

Terms & Conditions

UCAN.org is made available by the Utility Consumers' Action Network to assist you in becoming what you always knew you could be, a consumer ROCK STAR! We take no corporate money, and are beholden only to you, the consumer. As such, the site is here for educational, advocacy, and empowerment purposes, as well to to give you general information and a general understanding of the law. Just remember this site is NOT here to provide specific legal advice. By using this web site you of course understand that there is no attorney client relationship between you and the Web Site publisher, UCAN. The Web Site should not be used as a substitute for competent legal advice from a licensed professional attorney in your state.

That said, get to digging on the site, inform yourself, speak your mind, and earn Watchdog Bones! This is YOUR site, and we mean it. So comment on any of the content, discuss the latest issues in the forums, file a complaint on a company with the fraud squad, and generally cut loose.

See our Privacy Policy and Copyright Policy, Some Rights Reserved