Solar Rights

California law protects the right to own and operate a solar system for a home or business. This means that no one person or entity (such as a neighborhood association or local government) can, within reason, prohibit a property owner from investing in solar power. It also means that one property owner can not encumber another’s access to the sun.

The first policy establishing rights for solar power system owners was the Warren-Alquist Act (Solar Shade Control Act, Public Resources Code Section 25980-25986), which states: 

"...It is the policy of the state to promote all feasible means of energy conservation and all feasible uses of alternative energy supply sources. In particular, the state encourages the planting and maintenance of trees and shrubs to create shading, moderate outdoor temperatures, and provide various economic and aesthetic benefits. However, there are certain situations in which the need for widespread use of alternative energy devices, such as solar collectors, requires specific and limited controls on trees and shrubs."

The law goes on to state that no person shall allow a tree or shrub to be placed, or, if placed, to grow subsequent to the installation of a solar collector on the property of another so as to cast a shadow greater than 10 percent of solar collector area. Further, Civil Code 801.5 establishes the right of property owners to “receive sunlight,” referred to as a “solar easement.”

In addition, Government Code 65850.5, states that it is the “policy of the state to promote and encourage the use of solar energy systems and to limit obstacles to their use” and that the timely and cost-effective installation of solar power is not a municipal affair but rather a matter of statewide concern. This statute goes on to prohibit local agencies from adopting “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.”

In an attempt to further clarify legislative intent, the statue requires that local agencies comply with the legislature’s “intent to encourage the installation of solar energy systems by removing obstacles to, and minimizing costs of, permitting for such systems.”

Lastly, Civil Code 714 prohibits any covenant, restriction, deed, contract, or security instrument from effectively prohibiting or restricting the installation or use of a solar energy system. Any such document found to do so shall be rendered void and unenforceable.

State law clarifies that, reasonable restrictions withstanding, “it is the policy of the state to promote and encourage the use of solar energy systems and to remove obstacles thereto.” Reasonable restrictions are defined as those that do not significantly increase the cost of the system (defined as not exceeding $2,000) or significantly decrease its efficiency or specified performance (defined as cutting efficiency by 20%). The law also requires that all solar applications be approved in the same manner as any other architectural modification and not “willfully avoided or delayed”. The law does allow systems installed on common areas to be restricted.

Unfortunately, even with the clear language protecting consumer rights to solar power, there are a number if situations in which a neighborhood association or local government will still try to get around these laws in order to prevent a solar power installation. The reasons for this kind of activity differ from one to the other but often stem from concerns over property value or aesthetics.

For example, some cities prohibit any solar system from being visible from the street. If a home faces south, it maybe impossible to install a system that is not visible from the street. Others require unreasonably high permitting fees that make the investment cost-prohibitive.  While for others, a $2,000 fee for installation is enough of a financial burden to prohibit their investment in solar power.

Ultimately, all consumers should be aware of their rights first and foremost. If unreasonable restrictions are encountered, we encourage the use of education, information and community support as the first response. Often, a little information or public spotlight on the situation goes a long way toward a favorable resolution.

For more detailed analysis of California’s solar rights laws, visit The Energy Policy Initiatives Center at the University of San Diego School of Law at http://www.sandiego.edu/epic/.