Clean Technology And Renewable Energy Law: Legal Questions & Answers

Question:

I formed a California LLC last July, a startup and solely renewable energy related service. I found an investor, and raised a particular amount of funds for a certain percentage of the company. It was not a sufficient amount but I had no choice and had to give up a significant percentage equity. I used a very capable law firm, but they have a high fee that reduces my realistic access for needed information/advice. My company performs a critical industry infrastructure technical function that the solar industry cannot do without (literally), and is one of only three such companies. For privacy, I am omitting some information. Additional Continue reading… » 

Question:

In California, if a landlord has installed solar, is she/he permitted to markup the cost of the electricity billed to the tenant? If so, are there limitations on the markup allowed? Are the rules the same for commercial properties vs residential? (I’m primarily interested in commercial.)

Signed,
Greenlord

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Question:

Hi,
Good to see this service!  My company offers a range of energy efficiency products including solar electric.  A question has come up regarding whether the federal tax credit can be applied to services and products included in the contract price for a solar system and install. Specifically, we’ve heard conflicting opinions on including a new roof or part of a roof, and/or tree removal with the contract. Would we be in trouble if, hypothetically, we installed a unique looking solar system at a relatively high cost (tax credit savings go up), then paid a marketing fee back to the customer after the install for access to the project for our marketing efforts?

Yours Truly,
Solar Installer

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Question:

I recently came across this news story about a huge solar array installed in Newport Bay. Newport Beach residents say the panels on a hillside home are reflecting too much sunlight and want them moved to the roof. The owners say that the panels are staying. Stephen and Mashid Rizzone long planned on creating a fully “green” dream home and impart a legacy of environmental responsibility to their children.
Toward that end, 168 solar panels were installed in May on the back of the Rizzones’ hillside Newport Beach home, facing the northeast side of Balboa Island. And although the panels may indeed be environmentally responsible, they are also imparting a lot of glare on the island neighbors.  “I’m all for going green, and I’m not trying to stop anyone from having solar panels,” said Bob Olson, who says the porch of his Balboa Island home is now subjected to an intense glare for 2 1/2 hours a day because of the Rizzones’ solar panels. “What I don’t understand is why in the world they didn’t put the panels on the roof, where it would be more fitting with the look of the community.”  So Olson is organizing a coalition of homeowners to take action against the project, starting with a petition to have the panels moved to the Rizzones’ rooftop. If this goes to court, what form will the case take and who has the upper hand?   Signed, Squinty
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Question:

As an Energy Auditor I am planing to target customers by taking a thermal image (picture) of homes with excessive leaks and then mailing them to the prospective customers home.  They will be directed to my website, and with a code, be able to see a report on their home’s efficiency.  Are there any legal problems with doing this? The thermal image only records surface temperatures and can’t see through walls.

Patrick Clem
Utility Tamers LLC Continue reading… » 

Question:

My company manufactures a clean car in Europe and we are willing to start business in the US. I have 3 questions: (1) Are there grants available to implement car mini factories throughout the country? How do we get those? (2) How to get a 3 wheels car authorized on the US market and how long does it take? (3) We were thinking eventually to start a non profit to raise awareness about the car. If we raise enough money this way, is a non-profit allowed to own and run a profitable plant?

Signed,
3-Wheeler

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Question:

Our firm has a standard solar PPA agreement for systems less than 100kW that we offer to power purchasers. In the PPA it suggests getting a lease on the roof top to service the equipment. Why wouldn’t a simpler easement work to access the roof top to look after our solar equipment. What are the pro’s and con’s between a lease and an easement?

Thanks,
Vaughn Prost
Missouri Solar Applications, LLC

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Question:

What is the legal process to submit an application for the Grant in Lieu of the Federal 30% ITC for solar. I am hearing all kinds of stories that you need to have an independent accountant involved for verification, etc, etc.

Would appreciate your take on this.

Thanks,
Tim Owens, Managing Partner, EDGE Energy

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Question:

I’m developing a new solar technology with a friend from grad school. We want to start commercializing it and seek investment but are nervous about telling anyone about it for fear of having someone else steal our idea. Should we patent it? If so, how long does the patent process take? Do I need a lawyer to get a patent?

Thanks,
Jim

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Question:

My neighbor has a tall tree in his backyard that shades the solar panels on the roof of my house. The shade from his tree is reducing the efficiency of my solar system and I’m loosing money every day that the sun shines.

Is there any law that would guarantee my rights to the sun and force him to trim/remove his tree? If not, do you have any other practical suggestions as to what I could do to protect my investment?

Signed,
Shady-in-Chicago

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