PPT SLIDE HANDOUT PRACTICAL IMPLICATIONS OF THE CA SOLAR RIGHTS ACT

Transcription

1 Practical Implications of the CA Solar Rights Act PPT SLIDE HANDOUT PRACTICAL IMPLICATIONS OF THE CA SOLAR RIGHTS ACT FRIDAY CONCURRENT SESSION 9:30 10:45 AM 2:00 3:15 PM SPEAKERS Northern California: Zer Iyer, Esq., Frederick Whitney, Esq., Ricky Chu Southern California: Mark Guithues, Esq., Frederick Whitney, Esq., Gabe Cooley 2015 CACM, Inc. - Law Seminar - All rights reserved. Page 1

2 The Practical Implications of the California Solar Rights Act Zer Iyer, Esq., Angius & Terry LLP Frederick Whitney, Esq., Neuland, Whitney & Michael, APC What Solar Systems Are And How They Work 1. Commonly used in residential and commercial settings 2. Regulated by the State 3. Local governments have started to require it The Science of Solar 1. Photovoltaic cells 2. Thermal heating systems 3. Other uses? 1

3 How do Photovoltaic Systems Work? 1. The main components of a photovoltaic system are: a. The panel/solar collectors b. The inverter. c. A mounting system. 2. Net metering vs. off the grid. How Solar Thermal Systems Work Generally, panels, tubes or some other means of water storage absorb the sun s rays through conduction. The heated water is then pumped through a series of hoses into swimming pools and hot water heaters/boilers. The water that is heated is only to be used as a supplement. The Future of Solar Technology! Some of the technologies being developed are: a. Thin film b. Solar windows c. Solar paint d. Others 2

4 Understanding Whether (Or Not) Solar Systems Are Worth It 1. Measuring Efficiency When Does Solar Make Cents! a. Tiers b. Return on investment 2. Alternatives Gains In Efficiency (LED s, efficient motors, tier price manipulation) a. LED lamps b. Variable speed pumps c. Rebates or free loans Understanding California s Solar Rights Act any solar collector or other solar energy device or any structural design feature of a building whose primary purpose is to provide for the collection, storage, and distribution of solar energy for space heating, space cooling, electric generation, or water heating. Impact of Solar on Association CC&Rs 1. Civil Code 714(a): any provision of a governing document, as defined in subdivision (j) of 4075, that effectively prohibits or restricts the installation or use of a solar energy system is void and unenforceable. 2. Civil Code 714(b) clarifies that: this section does not apply to provisions that impose reasonable restrictions on solar energy systems. Reasonable restrictions: a. Do not significantly increase the cost of the system, or b. Significantly decrease its efficiency 3

5 Model Solar Rules 1. Pre-approval of certain solar installations 2. Not to exceed a one thousand dollar ($1,000) increase, or decrease in system efficiency of an amount exceeding 10 percent Penalties for Unenforceable Rules 1. Civil Code 714(f): a civil penalty not to exceed $1, Civil Code 714(g): reasonable attorney s fees California Cases Palos Verdes Homes Assn. v. Rodman (1986) 182 Cal.App.3d 324: [The installer of a solar energy system cannot ignore association guidelines when they only minimally increase installation costs.] Tesoro del Valle Master HOA v. Griffen (2011) 200 Cal.App.4th 619: [The Court of Appeal upheld the jury decision and then relied on expert testimony showing that a comparable alternative system could be installed within Griffen s yard for a lower cost.] 4

6 Application of Solar Rights Act to Condominiums Civil Code 714.1: allows a condo association to restrict the installation of solar energy systems installed in common areas, as defined in 4075, to those systems approved by the association. Civil Code 714.1(c) and (d): An association may require an owner agree to provide for the maintenance, repair, or replacement of roofs or other building components and require installers of solar energy systems to indemnify or reimburse the association or its members for loss or damage Application of the Solar Shade Act To tree or not to tree, that is the question! California v. Bissett, No. BB (Cal. Sup. Ct. Santa Clara County Mar. 28, 2008) [After defendant compelled to trim prior existing trees, California amended the Solar Shade Control Act, exempting all trees and shrubs planted prior to the installation of a solar panel.] What Would A Legal Challenge Actually Look Like? 1. HOA is typically the plaintiff a. Not covered by insurance b. Burden of proof c. Battle of experts 5

7 Conclusion Next Up Thank you for attending the 2016 Law Seminar & Expo! Please turn in your completed sign out sheets to receive 8 CEUs. 6