U.S. research centre examines state solar access laws

SAN DIEGO, California, US, January 31, 2007 (Refocus Weekly) A research centre at the University of San Diego has released analyses on two of California's landmark solar access laws.

“The Solar Shade Control Act provides limited protections for solar collector owners whose devices are shaded by neighbouring trees and shrubs,” explains the Energy Policy Initiatives Center. “These protections are limited because the Act contains specific requirements that determine which solar collectors are eligible for protections under the Act, including the function of the collector, the manner in which it was installed on the building, and the date the offending tree shrub was planted.”

The “landmark law” was examined because its provisions are not well understood and California’s solar market will grow significantly in the coming decade as a result of expanded financial incentives for solar energy systems, the authors explain. The paper provides research to help owners of solar collectors determine if they are eligible for protections under the law and to help tree owners determine if they are liable for an allegation brought under the legislation.

The other law, the Solar Rights Act, creates certain rights for homeowners and businesses to access sunlight for the purpose of creating energy, and defines how solar installations can be limited by government agencies and homeowner associations. It explains the ability of property owners to seek a solar easement to ensure access to sunlight across adjacent properties, and allows governments to preserve passive solar heating and cooling opportunities by requiring developers to create easements in certain subdivisions.

The provisions of this law are also not well understood by the general public and, as more homes and businesses install solar energy systems, its provisions “will become more relevant and important,” the paper notes. It is designed to help homeowner associations determine if they are liable for an allegation brought under the law, and to help governments understand their role in promoting solar energy systems and enforcing solar access provisions in the law.

“We revisited these laws for two main reasons: consumers and businesses often misunderstand the provisions and application of these laws,” says Scott Anders of EPIC. "The new California Solar Initiative will encourage tens of thousands of new solar energy systems in the state; such a dramatic increase in the number of solar installations will likely lead to many new questions about solar access in California.”

The Solar Shade Control Act prohibits trees and shrubs from shading qualifying solar energy systems, while the Solar Rights Act limits the ability of homeowner's associations and local governments to place restrictions on solar energy system installations. Both papers are intended to reduce the frequency of access disputes by providing information about the content and application of California's solar laws.

“As more and more homeowners and businesses consider installing solar energy technologies in urban and suburban environments, understanding provisions of these existing laws will become increasingly important,” says Anders.

EPIC is a research centre at USD’s School of Law that studies energy policy issues affecting the San Diego region and California.


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