SECTIONS 25980-25986 - California Statutes

PUBLIC RESOURCES CODE

SECTION 25980-25986

25980. 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.

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) Water heating.
(2) Space heating or cooling.
(3) Power generation.
(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) 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) 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.

25982. 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.

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:

SOLAR SHADE CONTROL NOTICE
Under the Solar Shade
Control Act (California
Public Resources Code
Sec. 25980 et seq.) a tree or
shrub cannot cast a
shadow greater than 10
percent of a solar
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 if the tree
or shrub is placed after
installation of a solar
collector. The owner of
the building where a
solar collector is
proposed to be installed
is providing this written
notice to persons owning
property that may be
affected by the
requirements of the act
no more than 60 days
prior to the installation
of a solar collector. The
building owner is
providing the following
information:
Name and address of
building owner:
Telephone number of
building owner:
Address of building and
specific location where a
solar collector will be
installed (including
street number and name,
city/county, ZIP Code,
and assessor's book,
page, and parcel number):
Installation date of
solar collector:
__________________________
Building Owner, Date

(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) (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) A transferor receiving a notice pursuant to subdivision (a)
may provide the notice to a transferee of the property.

25983. 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.

25984. This chapter does not apply to any of the following:
(a) A tree or shrub planted prior to the installation of a solar
collector.
(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) 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) A tree or shrub that is subject to a city or county ordinance.

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) 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.

25986. 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.