Overcoming Potential Regulatory (local) Barriers for Residential Solar Installations

So, YOU want to put Solar PV on YOUR property?  There may be some potential barriers related to local regulations of which you should be aware. And hopefully with this blog posting, we can provide some ways to help you overcome them if they get in your way.

Deployment of residential solar panels is still a relatively new phenomenon.  Therefore it is normal for a few people to question their aesthetics. (As solar advocates, this may seem hard to believe... but does sometimes happen...) However, aesthetics is a very subjective topic and as solar panels become a more normal occurrence, the aesthetic “concerns” will fade.  Remember when many neighborhoods required wood shingle roofs because it was thought that composition shingles were not aesthetically pleasing?  That didn’t last very long.

By the end of 2013, there were 470,000 total solar PV installations across the US. 155,000 of those installations were completed in 2013. Thus, the GROWTH has been recent and LARGE! The numbers in Texas are still relatively small, but the numbers are not insignificant. By the end of 2014, Texas will be nearing 10,000 total installations.

So let's identify and discuss four potential barriers and how to overcome them.  They include: 

1. HOA requirements and Texas HOA legislation (important to know and understand even if you don't live in a neighborhood with an HOA)
2. The HOA "street facing" restriction and how to overcome it
3. Recent city ordinance activity across North Texas and how to make sure it doesn't become a barrier
4. The one big HOA legislation loophole and how it may effect homeowners - in the short term and longer term

1. HOA requirements and Texas HOA legislation

• Texas HB-362, passed in the 82nd Legislative session (2011), limits HOAs and POAs from restricting solar devices outright. To comply with this law, homeowners that live in neighborhoods with HOAs must still follow the normal procedures for seeking improvements, including a written request or application to an appointed Architecture Review Committee or similar council.
• For additional information, please see our "Useful Links" page and scroll down to section titled "Policy & References related to HOAs (Home Owners Associations)".
• Even if you don't live in a neighborhood with an HOA, it is important to understand the basics of the legislation because similar restrictions might appear in local city/county ordinances.  (Learn more in item 3 below.)
• Also, there is still one particularly problematic loophole in the existing Texas HOA legislation that is a BIG problem in new, and not so new, neighborhood developments.  See item 4 to learn more!

2. Texas HOA legislation "street facing" clause and how to overcome it

• Some people might not install solar panels because their HOA does not "seem to" allow street facing panels. Since south facing panels provide the maximum annual production, it is important to install panels on the south facing roof even if it is street facing.  To learn how to overcome this "apparent" but "not a show stopper" restriction, see our blog posting - "Texas HOAs generally CANNOT block south street facing solar installations"

3. Recent city ordinance activity across North Texas and how to make sure it doesn't become a barrier

• Recently, the North Texas Renewable Energy Group has found that some city jurisdictions across North Texas have been researching and drafting solar ordinances for their communities. While this can be an opportunity to increase awareness and promote the use of solar energy, it can also sometimes be misapplied to create overly restrictive ordinances that actually derail the growth of solar. In these overly restrictive examples, it is usually the result of a misguided attempt to protect community "aesthetics" as was previously mentioned.
• You are encouraged to get involved with your local city or community and make sure that they have solar-friendly ordinances and processes. Below is a suggested simplified list of uniformly enforceable solar energy device related ordinances with a strong emphasis on safety.
• Solar energy devices are allowed. Along with energy efficiency investments, residents are encouraged to use available renewable clean energy technology to reduce their electric load on the electric utility grid. 
• Installed solar energy devices must meet all applicable safety requirements including electrical, fire, and building codes.  Simplified city permits are required, and the permitting process is in place to insure that applicable safety codes are met. 
• Solar energy devices that are to be interconnected to the electric grid must meet applicable interconnection requirements and approvals of the local electric utility.
• Ordinance restrictions for solar energy devices beyond those related to safety will be difficult to uniformly apply and enforce.  For example, most jurisdictions have found that trying to enforce “no street visibility” for solar panels for aesthetic reasons can be easily challenged.  For example, how can a jurisdiction allow some homeowners the consumer choice to install solar panels because their ideal roof surface for solar panels is not visible from the street, while prohibiting another homeowner from the consumer choice of installing solar panels because their idea roof surface is “visible from the street”.  Similarly, if aesthetics is such a significant factor, then why would it be acceptable for someone to have to tolerate solar panels if they lived behind someone with solar panels on the rear of their house, but not be acceptable if they lived across the street from someone that had solar panels installed on the front of their house.
• If your city or jurisdiction does have some type of "street facing" restrictions, you can submit a request to your city's Board of Adjustment or Variance.  Using the same information that you would use to show adverse solar production for an HOA, in most cases the board will grant you a waiver to install.  (If they don't, Plano Solar Advocates would be interested to help.)  It would also be a good idea to request the city revise their ordinance to remove street facing restrictions so that citizens and the city or not required to go through the extra time and expense of going through a variance process.

4. The one big HOA legislation loophole and how it may effect homeowners - in the short term and longer term

• As was mentioned in item 1 above, there is one particularly problematic loophole in the existing Texas HOA legislation that is a BIG problem in new neighborhood developments. The loophole indicates that during the development period, the developer may prohibit or restrict a property owner from installing a solar energy device.
• The good news is that some residential developers allow solar installations during the "development period". The BAD news is that many DO NOT.  And since this "development period" can last a few years, and even extend for decades if the developer is adding new additions, this can be a very big barrier to the expansion of residential solar and to net zero energy homes.
• We need everyone's help to get involved and help change/eliminate this loophole. To learn more see "Energy Star Homebuilders Block Installation of Solar PV in Plano Neighborhood".
• To learn about a way to spread the word on this barrier, see "Neighborhood Opportunities"
• GOOD NEWS UPDATE 5/23/2015: Due to 2015 state legislation SB-1626, this loophole by has been reduced to only apply for developments with fewer than 51 planned residential units (effective 9/1/2015).

If you know of any other local regulatory barriers, please let us know and provide comments and feedback to this posting.

Thanks and Shine On!
Plano Solar Advocate (LH)

Solarize YOUR Neighborhood

What IS a "solarize" event??

Let's explain by asking .. are you ready to generate some or all of the electricity you need right at home? Are you ready to go solar, but not sure where to start? Are you ready to tap that untapped local energy resource – the SUN?

On January 11, from 10am to Noon, join the North Texas Renewable Energy Group and Plano Solar Advocates to discuss the "Solarize" concept. "Solarize" is a group bulk-purchase process that can help neighborhoods and cities install rooftop solar photovoltaics at reduced cost. Come join us (and bring your neighbor!) to learn how you can start a Solarize program in your neighborhood! 

Topics for discussion: Program setup. Outreach and Education. Selecting a Solar Company. Install Solar!

The goal of the meeting will be to begin creating a network of people across the DFW area that are interested in launching projects in their own communities.  For example, a group in Garland has already started getting together. If you live in Garland, check out Solarize Garland and reach out to this group using their contact us form.

For more meeting details and logistics, check out the NTREG Events page - http://www.ntreg.org/events.shtml - and scroll down to the section titled NTREG Monthly Meeting, Saturday, January 11, 2014.

For some background before you attend, check out:

1. This great - short - 3 minute video - Purchasing Solar Collectively with Solarize
2. These recent articles about Solarize Plano:
1. "Solarize Plano" Initiative Exceeds Installation Expectations in Energy-Rich Texas
2. Grass-roots group hopes to make Plano a solar power leader

Also, if you know of any DFW area solarize projects being launched or groups that are considering to start projects, please share information in the comments to this posting.

2012 DFW Solar Home Tour

(originally posted at - http://www.livegreeninplano.blogspot.com/2012/10/2012-dfw-solar-home-tour.html)
 

by The Sustainability Steward (JR)

On Saturday, October 6, I toured some of the homes here in Plano on the annual DFW Solar Home Tour, sponsored by the American Solar Energy Society (ASES).  This is the 17th year that ASES held a national solar tour, with 14 homes in the Metroplex listed on the self-guided tour.  The City of Plano demonstrated its leadership in sustainability with four homes on the tour, the most of any one city in the area.

The homes on the tour were the Caldwell home at 3700 Hearst Castle, the Elliot residence at 2401 Trellis Lane, the Neukranz house at 3309 Rampart in east Plano, and the home at 3325 Canoncita occupied by Bill and Libby Perry.  Although it was an overcast day, it was a perfect way to visit with the homeowners and get their perspective of having solar panels installed on their roofs and the electricity savings that they are now seeing.

 

The first home I visited was the residence of John Caldwell on Hearst Castle drive. John is a fascinating individual, and not only discussed his solar energy system with me, but shared his organic garden and his patented invention, the bicep bike.  He teaches a gardening class through the Plano Parks and Recreation, while his bicep bike was recently highlighted on Gear TV (as also shown on Youtube): http://www.youtube.com/watch?v=4iAYvXPYrec

His solar array gives him approximately 25% of his electricity needs, and on days that he is actually producing more than consuming electricity, TXU credits him at $0.13 kWh for the energy he is producing for the power grid.

 

The next stop on the tour was the Perry home on Canoncita. Not only do they have panels on the south facing side of their home, but on the west side as well, and as a result, are averaging about 50% of their annual electricity consumption with the solar cells installed on their roof. 

Their system has been installed for a year and is able to be monitored online in real time. The Perry family was very open about the techniques they have adopted in water conservation as well, and have one of the most environmentally friendly homes I’ve encountered in our community.

The last home visited was the Elliot home on Trellis drive. This, too, has optimized its ability to collect energy from the sun with a nice array of south facing panels.  Panels are best positioned at a 33 degree angle facing the south, and a solar system of 4 kWh will typically generate over 5,000 kWh of electricity a year in our area. 

If you are interested in learning more about solar energy in our community, please consider joining the Plano Solar Advocates.  The Advocates have a goal to increase the installed base in the city of Plano to 5MWp of solar capacity by 2015, or, approximately 1000 homes or business sites with installed solar panels.  More information on the advocacy program and promoting Plano to become a leader in solar energy capacity in Texas can be found at: http://planosolar.blogspot.com/.

 

Renewable Energy

Interested in learning about, using, and promoting renewable energy?

Interested in learning about solar energy?

Interested in learning about the vast wind energy in Texas that is already being utilized?

A really good way is to get involved locally.

A really good way to get involved locally is to attend a NTREG meeting?

Which leads to the question --- What is NTREG?

NTREG is the North Texas Renewable Energy Group. It was established in 2001 with the primary goal of educating North Texans about the power of renewable energy ("RE"). As the NTREG webpage states - "NTREG members come quite literally from all walks of life. You need not be an engineer or the proverbial rocket scientist to be an active and productive participant with us." NTREG is a 501(c)(3) non-profit volunteer organization, and is the local chapter of the Texas Solar Energy Society (TXSES), which is the state chapter of the American Solar Energy Society (ASES). NTREG monthly meetings are currently being held at the REI store in Dallas on LBJ Freeway. Information about upcoming meetings is available at their website - http://www.ntreg.org/events.htm

At the most recent meeting on Saturday, February 11, the presentation "Denton Municipal Electric's Renewable Energy and Energy Efficiency Initiatives" was lead by Lisa A. Lemons. Lisa is the Energy Efficiency & Sustainability Manager for Denton Municipal Electric. This was a very informative presentation and interactive discussion about Denton's initiative to become the "Greenest City in Texas" which began in earnest in 2007. Denton's municipal electric utility now obtains 40% of its electricity from renewable sources, which is one of the highest, if not the highest percentage in Texas. Most of this renewable energy in Denton is coming from the Wolf Ridge Wind Farm, which sits in rural Cooke County, north of Muenster, Texas, only about 30 miles from Denton.

Denton has also recently issued a request for proposal (RFP) for a purchase power agreement for 10-20MW of solar generation. The responses for the RFP are due February 21, 2012 (VERY SOON). If the responses are within the financial objectives of the project, the objective is to have the system online by June 2013. Denton's RFP was modeled after the recent RFPs that San Antonio, Texas has issued for larger solar generation systems (up to 400MW).

As we know, the sun shines a lot in Texas! And, we also know that we generally have the biggest demand for electricity when the sun shines a lot in the summer. So spend some time to learn about solar energy and other renewable energy - come to the next NTREG meeting!

Plano Solar Energy Advocate (LH)

(original post - http://livegreeninplano.blogspot.com/2012/02/renewable-energy.html)