Solar''s legal risks are changing. Here''s what to watch
As the renewable energy industry has grown up, so have its legal risks. Two attorneys joined the Factor This! podcast to break down what to watch out for.
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6 Frequently Asked Questions about “What are the legal issues of photovoltaic solar energy ”
Is solar electricity a regulated utility?
Energy Regulation: The point at which a private individual or entity generating solar electricity becomes a regulated utility may depend on whether such an individual or entity consumes the power it generates or sells power to third-parties under a PPA, or to the public generally through the grid.
Do solar projects have access to sunlight?
B. Access to Sunlight: State and Local Government Laws. Approximately 40 states have passed laws or taken measures to promote the installation and use of solar energy systems. The states have two primary mechanisms for ensuring that solar projects can access sunlight to operate the system:
What are the basic site-control issues for a solar project?
The basic site-control issues for a solar project are the same regardless of the technical form of the site-control agreement. The Scope of Property Subject to a Solar Project Property Agreement.
Are mineral rights a major obstacle to solar project development?
Absent an express limitation on such right in its granting instrument, or a release, waiver, or subordination of mineral rights by the holder, or an agreement not to interfere with the solar project operations, the presence of mineral rights can be a significant obstacle to project development, financing, syndication, or sale.
What happens if a landowner leased to a solar developer?
The landowner is likely to lose all productive use of lands leased to a solar developer. Thus the payment for the use of the project site will not be ameliorated by any offsetting additional income or benefit the landowner might otherwise obtain from joint use of the site.
Are tenant trade fixtures part of a solar project?
In addition to the general rule regarding tenant trade fixtures, most solar project site-control agreements specifically provide that the project facilities will at all times be and remain the sole separate property of the tenant and not part of the real property.