He continues to point out that if neighboring buildings or project opponents “allege such adverse impacts, an attorney can assist the developer through the process by showing that there will not be an adverse impact upon neighboring properties.”

But in order to have that right, he says that a developer must ensure that: the system meets all local and commercial health and safety standards; the Solar Rating Certification Corp. or other comparable national organization must certify all solar energy systems for heating water; and applicable standards for safety and reliability in the National Electric Code and Public Utilities must be met for solar energy systems that produce electricity. “Once these three criteria are satisfied, a developer nearly has a right to install such solar panels. However, a developer or commercial property owner must be aware of other local restrictions, such as onerous impositions private deed restrictions. California law prohibits outright prohibitions of solar energy systems in covenants, deeds, or security instruments,” he says.

Gorman points out that the Solar Shade Act also assists owners from having neighboring trees block sunlight to solar energy systems. “Other property owners are prevented from growing trees that will cast a shadow on greater than 10% of the solar collector’s absorption surface at any time between 10:00 a.m. and 2:00 p.m.,” he says. “This important Act nearly creates an implied easement for sunlight, and benefits developers looking to achieve further “green goals.”

But there are always the unknowns, Marinaccio says. “There are many unanswered questions that aren’t addressed under those two acts,” he says. “For example, visual blight, historical preservation, and large scale solar projects are not addressed under the Solar Rights Act and may need to be addressed before a project is approved.”