Chapter § 7.5 Solar

• Jurisdiction: Washington

§7.5 SOLAR

Solar power is more amenable than any other renewable energy source to a wide variety of formats and forms to capture and harness the energy. The technology ranges from passive solar structures incorporating a broad array of materials, to direct conversion of light to electricity through photovoltaic (PV) cells, to concentrated solar power (CSP) systems that direct solar energy to a focused receptor and power generator. Power generated by solar systems can be incorporated directly into the host property's energy systems, stored in battery arrays for later use, or sold and delivered into the power grid.

Although large commercial-scale solar projects may be less common in Washington than in other western states, Washington's net metering law (see §7.3(2) above) has encouraged statewide development of PV systems, almost two-thirds of which has occurred on the western side of the Cascades. Mike Nelson & Gary Shaver, The Washington Solar Electric Industry: Sunrise or Sunset?, at 5 (WSU Cooperative Extension Energy Program, 2003), available at http://www.energy.wsu.edu/documents/renewables/sunrisesunset.pdf.

(1) Ownership, leasing, and easements

Outright fee ownership of land offers the greatest degree of control for a person interested in installing a solar energy collector. Fee ownership has the advantage of capturing additional land-use and resource rights, such as water rights. Ownership of the land, however, may not be necessary to develop a solar project, and it is often more economical to obtain a lease or easement for the desired use.

Leases are well-suited to projects in which the developer requires use of property without interference from the landowner or other parties that might have interests in using the same property for other purposes. Solar projects requiring a substantial ground-level footprint, such as CSP systems, are good candidates for leases.

Easements may be preferred where the developer must share the space with other parties, for example, placement of PV solar panels on the roof of a commercial or residential building. The solar project easement may be served adequately by 20-30 year easements similar to other commercial leases. Easements should spell out not only what areas are available for the solar energy equipment itself, but also the ingress and egress permitted to install and service such equipment. In addition, the easement must expressly permit the installation of equipment and transmission of...