BILL NUMBER: SB 1399	CHAPTERED
	BILL TEXT

	CHAPTER  176
	FILED WITH SECRETARY OF STATE  JULY 22, 2008
	APPROVED BY GOVERNOR  JULY 22, 2008
	PASSED THE SENATE  JULY 2, 2008
	PASSED THE ASSEMBLY  JUNE 23, 2008
	AMENDED IN ASSEMBLY  JUNE 11, 2008
	AMENDED IN SENATE  APRIL 9, 2008
	AMENDED IN SENATE  MARCH 24, 2008

INTRODUCED BY   Senators Simitian and McClintock

                        FEBRUARY 21, 2008

   An act to amend Sections 25981, 25982, 25984, and 25985 of, to add
Section 25982.1 to, and to repeal and add Section 25983 of, the
Public Resources Code, relating to public resources.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1399, Simitian. Public resources: solar shading.
   Existing law prohibits a person owning or in control of a property
from allowing a tree or shrub to be placed or to grow on the
property subsequent to the installation of a solar collector on the
property of another if the tree or shrub casts a shadow of a
specified size on the collector absorption area during specified
times. A person who violates this prohibition and who fails to remove
or alter the tree or shrub after receiving reasonable notice is
guilty of an infraction for maintaining a public nuisance and subject
to a criminal fine not to exceed $1,000 for each violation. Existing
law exempts trees and shrubs under specified conditions. Existing
law authorizes a city, county, or city and county to adopt an
ordinance exempting its jurisdiction from the above prohibition.
Existing law defines "solar collector" for these purposes as a device
or structure used primarily to transform solar energy into thermal,
chemical, or electrical energy.
   This bill would authorize the owner of property where the solar
collector is to be installed to provide, prior to its installation, a
written notice by certified mail containing specified information to
owners of affected property. The bill would, further, exempt trees
and shrubs planted prior to the time of the installation of a solar
collector, trees and shrubs that are subject to a local ordinance, or
the replacement of trees or shrubs that have been growing before the
installation of a solar collector and that are subsequently removed
for the protection of public health, safety, or the environment. The
bill would redefine "solar collector" to be the above described
device or structure on the roof of a building, except it would
include the device or structure installed on the ground if it cannot
be installed on the roof of the building due to specified conditions,
and would exclude a device or structure that is designed and
intended to offset more than the building's electricity demand. The
bill would repeal the public nuisance violation of the above
requirement, and would provide that a tree or shrub maintained in
violation of the above requirement is instead a private nuisance if
the person who maintains or permits the maintenance of the tree or
shrub receives a written notice from the owner of the affected solar
collector requesting compliance. The bill would provide that a local
ordinance specifying the requirements for tree preservation or solar
shade control would govern within the jurisdiction that adopted the
ordinance. The bill would also make technical nonsubstantive changes.



THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 25981 of the Public Resources Code is amended
to read:
   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.
  SEC. 2.  Section 25982 of the Public Resources Code is amended to
read:
   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.
  SEC. 3.  Section 25982.1 is added to the Public Resources Code, to
read:
   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 a725980 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.
  SEC. 4.  Section 25983 of the Public Resources Code is repealed.
  SEC. 5.  Section 25983 is added to the Public Resources Code, to
read:
   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.
  SEC. 6.  Section 25984 of the Public Resources Code is amended to
read:
   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.

  SEC. 7.  Section 25985 of the Public Resources Code is amended to
read:
   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.