Redwoods planted before neighbor's solar panels installed...
SUNNYVALE, California In an environmental dispute seemingly scripted for eco-friendly California, a man asked prosecutors to file charges against his neighbors because their towering redwoods blocked sunlight to his backyard solar panels.
But the couple next door insisted they should not have to chop down the trees to accommodate Mark Vargas' energy demands because they planted the redwoods before he installed the solar panels in 2001.
Experts say such clashes could become more common as California promotes renewable energy and solar systems become more popular.
"Five or ten years ago, you wouldn't have seen this case because there weren't that many systems around," said Frank Schiavo, a retired environmental-studies professor at San Jose State University. "I can almost guarantee there are going to be more conflicts."
After more than six years of legal wrangling, a judge recently ordered Richard Treanor and his wife, Carolyn Bissett, to cut down two of their eight redwoods, citing an obscure state law that protects a homeowner's right to sunlight.
The couple does not plan to appeal the ruling because they can no longer afford the legal expenses, but they plan to lobby state lawmakers to change or scrap the law.
The Solar Shade Control Act means that homeowners can "suddenly become a criminal the day a tree grows big enough to shade a solar panel," Treanor said.
The case marks the first time a homeowner has been convicted of violating the law, which was enacted three decades ago, when few homeowners had solar systems.
The law requires homeowners to keep their trees or shrubs from shading more than 10 percent of a neighbor's solar panels between 10 a.m. and 2 p.m., when the sun is strongest. Existing trees that cast shadows when the panels are installed are exempt, but new growth is subject to the law.
Residents can be fined up to $1,000 a day for violations, though the judge did not impose any fines against the Treanors.
Vargas says the law protects his $70,000 investment in solar power, and he believes it should be strengthened.
"I think it's unfair that a neighbor can take away this source of energy from another neighbor," he said.
Treanor, a retired engineer, said he and his wife are not against solar power, "but we think there's a rational way to implement it."
Solar power is growing rapidly in California, which is by far the nation's biggest generator of solar energy. In 2007, more than 30,000 California homes and businesses had rooftop solar panels, with the capacity to generate 400 megawatts of electricity.
That's as much as eight power plants, according to the nonprofit Environment California.
The boom is being fueled by the California Solar Initiative, which offers homeowners and businesses more than $3 billion in rebates over the next decade to install solar-electric systems.
Both sides say they want to do what's best for the environment.
Treanor and Bissett, who drive a hybrid Toyota Prius, argue that trees absorb carbon dioxide, cool the surrounding air and provide a habitat for wildlife.
Vargas, who recently bought a plug-in electric car, counters it would take two or three acres of trees to reduce carbon dioxide emissions as much as the solar panels that cover his roof and backyard trellis.
Bernadette Del Chiaro, clean energy advocate for Environment California, says the solar shade law might need to be revised to prevent similar disputes.
"We want to make sure we are protecting individuals who have invested a lot of money in solar power, which is an important resource for the state," she said. But lawmakers might want to "take a look at the policy and make sure it's written in a way that's fair to everybody."
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Talk about a clash of cherished green values.
In a case with statewide significance, the Santa Clara County District Attorney's Office is pursuing a Sunnyvale couple under a little-known California law because redwood trees in their backyard cast a shadow over their neighbor's solar panels.
Richard Treanor and Carolynn Bissett own a Prius and consider themselves environmentalists. But they refuse to cut down any of the trees behind their house on Benton Street, saying they've done nothing wrong.
"We're just living here in peace. We want to be left alone," said Bissett, who with her husband has spent $25,000 defending themselves against criminal charges. "We support solar power, but we thought common sense would prevail."
Their neighbor Mark Vargas considers himself an environmentalist, too. His 10-kilowatt solar system, which he installed in 2001, is so big he pays only about $60 a year in electrical bills. He drives an electric car.
Vargas said he first asked Treanor and Bissett to chop down the eight redwoods, which the couple had planted from 1997 to 1999 along the fence separating their yards. Later, he asked them to trim the trees to about 15 feet.
"I offered to pay for the removal of the trees. I said let's try to work something out," Vargas said. "They said no to everything."
He installed the panels.
After several years of squabbling and failed mediation, Vargas filed a complaint with the Santa Clara County
They sent Treanor and Bissett a letter informing them that they were in violation of California's Solar Shade Control Act and that if they didn't "abate the violation" within 30 days, they would face fines of up to $1,000 a day.
Obscure law
The law, signed by former Gov. Jerry Brown in 1978, is rarely used. But county prosecutors say Treanor and Bissett are breaking it.
"It's not that we think trees are more or less important than solar collectors. It's that our state's leaders have said under the following circumstances, solar takes precedence," said Ken Rosenblatt, supervising Santa Clara County deputy district attorney for environmental protection.
The law was written by former Assemblyman Chuck Imbrecht, a Ventura Republican, as a way to guarantee, amid the energy crises of the 1970s, that people who installed solar panels wouldn't see a drop in their investment from nearby trees.
It affects only trees planted after 1979, and bans trees or shrubs from shading more than 10 percent of a neighbor's solar panels between 10 a.m. and 2
It does not apply to trees or shrubs that were there before the solar panels were installed. But - and here's the key distinction - it does apply to existing trees and shrubs that later grew big enough to shade the solar panels. A violation is an infraction, like a parking ticket, but with fines of up to $1,000 a day.
The redwoods, which Treanor and Bissett say they planted for privacy, are now between 20 and 40 feet tall.
In December, Santa Clara County Superior Court Judge Kurt Kumli found the couple guilty of one count of violating the Solar Shade Control Act. In a partial victory for each side, he ruled that six of the trees can remain and that the two generating the most shade must be removed. He also waived any fines.
Order appealed
But the couple appealed. Why?
They are worried that their case sets a precedent.
Their lawyer can find no other conviction under the shade law.
"We could be done with this and walk away," Bissett said. "But then this could start happening in every city in the state."
Rosenblatt said prosecutors in Sonoma County are watching the case because they have a potential violator.
Meanwhile, Vargas says he can't move the solar panels on his trellis being shaded by the trees because his roof doesn't have enough room.
Kurt Newick, who sells solar systems for a San Jose company, says he loves trees as much as anyone, but he falls on the side of solar energy.
"I'm a big tree fan. They increase property values and provide shade and cooling. But it's actually better for the environment to put solar on your roof than to plant a tree," said Newick, who is also chairman of the global warming committee of the Loma Prieta Chapter of the Sierra Club.
"On average, a tree only sequesters 14 pounds of carbon dioxide a year and a solar electric system offsets that every two or three days," he said.
But Frank Schiavo, a retired San Jose State University environmental studies lecturer, said the law needs fixing.
"If you have trees, you should be left alone," said Schiavo, who also has solar panels on his roof. "This is going to turn into a nightmare for some homeowners. It doesn't seem fair."
Bissett and Treanor plan to ask state politicians to modify the law. Until then, they believe, they are groundbreakers.
"We are the first citizens in the state of California to be convicted of a crime for growing redwood trees," Bissett said, forcing a smile.
