Section § 25980

Explanation

This California law is called the Solar Shade Control Act. Its main aim is to encourage energy conservation and the use of alternative energy sources. It supports planting trees and shrubs for shade, temperature control, and other benefits. However, it also recognizes that trees and shrubs may need to be managed in certain situations to ensure they don't interfere with solar energy devices like solar collectors.

This chapter shall be known and may be cited as the Solar Shade Control Act. 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.

Section § 25981

Explanation

This law defines what constitutes a 'solar collector' for purposes of transforming solar energy into thermal, chemical, or electrical energy. A solar collector is usually a fixed structure on a building's roof used for heating water, controlling climate inside spaces, or generating power. If the roof is unsuitable, it can be installed on the ground. However, it cannot be used primarily to exceed the building's electricity demand. Solar collectors must follow local regulations and be placed at least five feet from property lines, and generally, ten feet above the ground unless specific setback adjustments are met.

(a)CA Public Resources Code § 25981(a) As used in this chapter, “solar collector” means a fixed device, structure, or part of a device or structure, on the roof of a building, that is used primarily to transform solar energy into thermal, chemical, or electrical energy. The solar collector shall be used as part of a system that makes use of solar energy for any or all of the following purposes:
(1)CA Public Resources Code § 25981(a)(1) Water heating.
(2)CA Public Resources Code § 25981(a)(2) Space heating or cooling.
(3)CA Public Resources Code § 25981(a)(3) Power generation.
(b)CA Public Resources Code § 25981(b) Notwithstanding subdivision (a), for the purpose of this chapter, “solar collector” includes a fixed device, structure, or part of a device or structure that is used primarily to transform solar energy into thermal, chemical, or electrical energy and that is installed on the ground because a solar collector cannot be installed on the roof of the building receiving the energy due to inappropriate roofing material, slope of the roof, structural shading, or orientation of the building.
(c)CA Public Resources Code § 25981(c) For the purposes of this chapter, “solar collector” does not include a solar collector that is designed and intended to offset more than the building’s electricity demand.
(d)CA Public Resources Code § 25981(d) For purposes of this chapter, the location of a solar collector is required to comply with the local building and setback regulations, and to be set back not less than five feet from the property line, and not less than 10 feet above the ground. A solar collector may be less than 10 feet in height only if, in addition to the five-foot setback, the solar collector is set back three times the amount lowered.

Section § 25982

Explanation

If someone installs a solar collector, nearby property owners can't let trees or shrubs grow in a way that blocks more than 10% of the sunlight to the collector's surface between 10 a.m. and 2 p.m.

After the installation of a solar collector, a person owning or in control of another property shall not allow a tree or shrub to be placed or, if placed, to grow on that property so as to cast a shadow greater than 10 percent of the collector absorption area upon that solar collector surface at any one time between the hours of 10 a.m. and 2 p.m., local standard time.

Section § 25982.1

Explanation

This law section outlines the notification process for building owners who plan to install solar collectors. If a solar collector is going to be installed, the building owner may send a "Solar Shade Control Notice" by certified mail to nearby property owners who might be affected by potential shaded areas. This notice must be sent within 60 days before installation and must include detailed information about the building owner's contact details, the solar collector's installation location, and the planned date of installation. If the installation date changes, a follow-up notice must be sent. It also allows for records of these notifications to be passed on to new building or property owners.

(a)CA Public Resources Code § 25982.1(a) An owner of a building where a solar collector is proposed to be installed may provide written notice by certified mail to a person owning property that may be affected by the requirements of this chapter prior to the installation of the solar collector. If a notice is mailed, the notice shall be mailed no more than 60 days prior to installation of the solar collector and shall read as follows:
__________________________
(b)CA Public Resources Code § 25982.1(b) If the owner of the building where a solar collector is proposed to be installed provided the notice pursuant to subdivision (a), and the installation date is later than the date specified in that notice, the later date shall be specified in a subsequent notice to persons receiving the initial notice.
(c)Copy CA Public Resources Code § 25982.1(c)
(1)Copy CA Public Resources Code § 25982.1(c)(1) A transferor of the building where the solar collector is installed may provide a record of persons receiving the notice pursuant to subdivision (a) to a transferee of the building.
(2)CA Public Resources Code § 25982.1(c)(2) A transferor receiving a notice pursuant to subdivision (a) may provide the notice to a transferee of the property.

Section § 25983

Explanation

If you have a tree or shrub that blocks someone's solar panel, and they send you a written notice to fix it, you need to either remove or change the plant. If you don't, your tree or shrub becomes a "private nuisance," which is a legal term for something that bothers another person, like blocking sunlight from their solar panels.

A tree or shrub that is maintained in violation of Section 25982 is a private nuisance, as defined in Section 3481 of the Civil Code, if the person who maintains or permits the tree or shrub to be maintained fails to remove or alter the tree or shrub after receiving a written notice from the owner or agent of the affected solar collector requesting compliance with the requirements of Section 25982.

Section § 25984

Explanation

This law specifies situations where certain rules do not apply to trees or shrubs in relation to solar collectors. If a tree was planted before a solar collector was installed, it's exempt from the rules. Trees grown for timber or commercial agriculture are also exempt. If a tree existing before a solar collector is replaced after dying or being removed to protect public health or safety, it is also not included. Moreover, any trees or shrubs governed by local city or county rules are not covered by this chapter.

This chapter does not apply to any of the following:
(a)CA Public Resources Code § 25984(a) A tree or shrub planted prior to the installation of a solar collector.
(b)CA Public Resources Code § 25984(b) A tree planted, grown, or harvested on timberland as defined in Section 4526 or on land devoted to the production of commercial agricultural crops.
(c)CA Public Resources Code § 25984(c) The replacement of a tree or shrub that had been growing prior to the installation of a solar collector and that, subsequent to the installation of the solar collector, dies, or is removed for the protection of public health, safety, or the environment.
(d)CA Public Resources Code § 25984(d) A tree or shrub that is subject to a city or county ordinance.

Section § 25985

Explanation

This law allows cities or counties in California to opt out of the rules in this particular chapter through a local ordinance passed by majority vote. Such an ordinance won't need to comply with the California Environmental Quality Act. Additionally, if a city or county creates rules about tree preservation or controlling solar shade, those local rules will take precedence over state rules in that jurisdiction.

(a)CA Public Resources Code § 25985(a) A city, or for unincorporated areas, a county, may adopt, by majority vote of the governing body, an ordinance exempting their jurisdiction from the provisions of this chapter. The adoption of the ordinance shall not be subject to the California Environmental Quality Act (commencing with Section 21000).
(b)CA Public Resources Code § 25985(b) Notwithstanding the requirements of this chapter, a city or a county ordinance specifying requirements for tree preservation or solar shade control shall govern within the jurisdiction of the city or county that adopted the ordinance.

Section § 25986

Explanation

If you're planning a solar heating or cooling system that might affect a neighbor's active solar setup, you can ask a court for permission to proceed with your plans despite potential conflicts. The court could allow it if your system saves more energy overall than the active system it would affect.

Any person who plans a passive or natural solar heating system or cooling system or heating and cooling system which would impact on an adjacent active solar system may seek equitable relief in a court of competent jurisdiction to exempt such system from the provisions of this chapter. The court may grant such an exemption based on a finding that the passive or natural system would provide a demonstrably greater net energy savings than the active system which would be impacted.