Solar Rights Laws Strengthened   November 10, 2004     Los Gatos, California Since 1881 Akeena drops lawsuit against town, waits for law to kick in By Grant Shellen After a yearlong legal battle to keep three solar panels in their installed locations, Akeena Solar Inc. president Barry Cinnamon has dropped his lawsuit against the town of Los Gatos. Cinnamon installed an 18-panel photovoltaic system on the rooftop of Akeena's 605 University Ave. building in fall 2002 thinking that none of the panels were visible, as required by a town ordinance. But town staff later found that three panels, tilted at an 11 percent angle for increased efficiency, were visible from across the street. The planning commission required the company to screen the panels, and the town council upheld that decision. Cinnamon filed suit with the Santa Clara County Superior Court, claiming that the town violated the California Solar Rights Act. Recent changes to that act prompted Cinnamon to drop the suit. Gov. Arnold Schwarzenegger signed state Assembly Bill 2473 into law Sept. 25, which modified state law to say that, among other things, review of applications to install solar panels "shall be limited to the building official's review of whether it meets all health and safety requirements of local, state, and federal law." Akeena withdrew its suit Sept. 30 and lowered the three contested panels so that they are no longer visible from the street. "I just kinda wanted to get the thing over with," Cinnamon said. "I didn't really want to spend any more of our money or the town's money." That money includes about $40,000 in legal fees on Akeena's part. But additionally, Cinnamon said he dropped the suit because the new Solar Rights Act could make it irrelevant. He said the company has no specific plans yet, but that it originally designed a larger system than was installed. "We'd like to put in a system that would provide all the energy our building needs," he said. Town Attorney Orry Korb said town officials were pleased the lawsuit was withdrawn and the panels were lowered. He said Akeena would have to submit a new application if it planned to modify its solar panel setup after the new law takes effect Jan. 1, 2005. "I haven't concluded what the impact of the bill will be on the town," Korb said. "But it's at least clear that the intent of the bill is to eliminate local aesthetic control over any application for the installation of solar-powered energy systems." Indeed, the language of the new law makes that very clear. Authored by Assemblywoman Lois Wolk (D-Davis), the bill amends part of the government code to read: "It is the intent of the Legislature that local agencies comply not only with the language of this section, but also the legislative intent to encourage the installation of solar energy systems by removing obstacles to, and minimizing costs of, permitting for such systems." Cinnamon said he would like town officials to recognize that intent when making future decisions about solar energy systems. To him, the bill represents a message from Sacramento that California cities need to promote alternative energy wherever they can. "It's really my sincere hope that the town steps back and says ... 'We should really be doing everything we can to encourage the use of solar power and nothing to discourage it,' " he said. "Who knows, Gov. Schwarzenegger may show up at the next meeting. He's really passionate about solar power."