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How Will PG&E’s Bankruptcy Impact the CleanTech Industry? Posted on Jan 22, 2019
On January 14, 2019, California’s largest utility, PG&E, filed a bankruptcy notice stating that it plans to file for Chapter 11 bankruptcy by the month end on January 29th. Given its business situation, PG&E must proceed with the bankrupt...
New Contracting Laws Start January 1, 2019 for CleanTech Contractors in California Posted on Dec 28, 2018
A variety of new construction related laws in California go into effect in 2019. The new laws which may affect contractors working on cleantech projects in California are summarized below. Senate Bill (SB) 721: This new law establishes requirem...
Book Review: Renewable Energy Law and Policy Posted on Jun 14, 2018
If you are looking for a great resource on renewable energy law and policy issues, we recommend checking out Jack Jacobs' recent publication Renewable Energy Law and Policy, 2017 Edition. Mr. Jacobs is Managing Partner of the law firm Cleantech ...
Are Referral Fees Legal? Posted on Jun 12, 2018
This guest blog by Angela Lipanovich, President of Estriatus Law, PC, is also posted on Estriatus Law’s Legal Review. Absent bribery, fraud or a statutory prohibition, the payment of referral fees is not illegal. In California, the relevant law ...
Letters of Intent (LOI) for Power Purchase Agreements Posted on Apr 05, 2018
A power purchase agreement ("PPA") is a financial agreement where a developer arranges for the design, permitting, financing and installation of a renewable energy system on a customer’s property at little to no cost. PPAs are excellent tools for...
Unlicensed Solar Energy Providers Find Hope In Recent California Case Posted on Feb 26, 2018
This guest blog by Angela Lipanovich, President of Estriatus Law, PC, is also posted on Estriatus Law’s Legal Review (February 26, 2018). On February 1, 2018, a cautionary positive tale for unlicensed solar developers and Power Purchase Agreement...
Subcontractor Agreements Posted on Jan 30, 2018
In transactions for the installation of renewable energy projects, “subcontracting” refers to a process whereby the contractor selling the project does not perform all of the work it agreed to perform. Rather, once the project starts, the contrac...
California Homeowners in Common-Interest Developments Now Have the Right to Install Solar in Common Areas Posted on Jan 09, 2018
This guest blog by Angela Lipanovich, President of Estriatus Law, PC, is also posted on Estriatus Law’s Legal Review (January 9, 2018). Three months ago, a frequent stumbling block to going solar was overcome for California homeowners living in ...
What Happens to Unlicensed Contractors Who Work On Renewable Energy Projects? Posted on Nov 29, 2017
The laws governing the installation of solar and other cleantech projects, and the potential liabilities for breaking them, vary on a state by state basis. However, many states have similar enforcement schemes to California, which is considered by...
Are Contractors Required To Make Sure Other Contractors On Their Projects Are Properly Licensed? Posted on Nov 29, 2017
In California, every contractor is required to make sure that any contractor they enter into a contract with has an active, viable contractor's license. Licensed contractors can come under investigation if they work with unlicensed contractors. Al...
Lack Of Government Action Could Make Our Planet Uninhabitable From Climate Change Posted on Oct 24, 2017
As cleantech and renewable energy markets fight for market share, climate change and extreme weather events surge ahead. Climate change, our most pressing problem with the potential to wipe out all life on earth, is becoming more evident every day...
Protecting Your Customer Lists and Trade Secrets: Confidentiality & Non-Compete Agreements Posted on Sep 29, 2017
From installation companies to manufacturing and distribution companies, every business in the cleantech and renewable energy industry is dependent on cutting edge, proprietary know-how and highly valuable customer lists. As compared to other indu...
Hedge Funds Should Not Be Able to Utilize US Trade Laws to Harm the Solar Industry Posted on Sep 01, 2017
The solar industry is on edge as two hedge funds behind the foreign-owned, bankrupt companies, Suniva and SolarWorld, try to play the administration to recover their bad investments. In this article, we will provide a summary and history of this t...
CleanTech Docs and Cleantech Law Partners Create First Full-Service Online Legal Marketplace for the Cleantech and Renewable Energy Industry Posted on Aug 26, 2017
SAN FRANCISCO - CleanTech Docs and Cleantech Law Partners (“CLP”) have partnered to team their strengths and transform the way cleantech companies satisfy their legal needs. CleanTech Docs is an online legal technology services company that helps...
How Will The Eclipse Affect Electricity Generation? Posted on Aug 16, 2017
This guest blog by Angela Lipanovich, President of Estriatus Law, PC, is also posted on Estriatus Law’s Legal Review (August 08, 2017). As the majority of the country prepares to experience darkness mid-day for the first time in nearly a century,...
How Do You Protect Solar Systems From Financial Loss Due to Shading From New Developments or Trees and Shrubs on Adjacent Properties? Posted on Jun 20, 2017
This guest blog by Angela Lipanovich, President of Estriatus Law, PC, is also posted on Estriatus Law’s Legal Review (June 20, 2017). Access to sunlight is often called the most difficult legal issue connected with solar energy use. The ancient ...
Why Is Solar So Bad At Lobbying? Posted on May 23, 2017
As some of the people who have fought for solar for the past decade or more, we know the answer to this question. First, even within the industry's national solar trade organizations there is fighting between the commercial, utility and residentia...
Are You Properly Paying Your Workers? Posted on May 19, 2017
Being prepared for a wage and hour lawsuit against your company is the best example of the adage "an ounce of prevention is worth a pound of cure." All companies should perform routine wage and hour audits to determined if their internal controls ...
Button Up The Hatches: A Storm Is A-Brewin' Posted on May 05, 2017
Trump has put together the most anti-enviromental administration in history. He just picked Daniel Simmons, a renewables critic, to head the U.S. Department of Energy’s (DOE) Office of Energy Efficiency and Renewable Energy (EERE). Now with Sco...
Solar O&M: Where's The Dough? Posted on Apr 07, 2017
Solar operations and maintenance (O&M) provides the preventative and correctional technical activities that allow solar systems to perform at their best. As a result of the solar industry’s strong growth curve, O&M is a rapidly growing bu...
CleanTech Docs Joins Industry Leaders in Growing California’s Solar Industry Posted on Mar 29, 2017
CleanTech Docs becomes newest CALSEIA member. SACRAMENTO - CleanTech Docs has become the newest member of the nation’s largest state solar power trade association, the California Solar Energy Industries Association (CALSEIA). “We are proud to have...
Do Homeowners In HOAs Have The Right To Install Solar In Common Areas? Posted on Mar 13, 2017
The answer is: maybe. The right to install solar in the common areas of multi-family housing and common-interest developments depends on state law. However, even homeowners in pro-solar states like California are struggling with statutory language...
Do You Require Your Employees To Sign Arbitration Policies? Posted on Mar 06, 2017
Over the last 15 years, the cleantech industry has grown at a record pace creating a volatility in the industry. The solar industry’s ups and downs are famous, and this “solar-coaster ride” has some important implications. Cleantech companies expe...
A Solution To Inadequate Solar Policies: Energy Storage Posted on Feb 18, 2017
How should the solar industry navigate political climates uncertain and hostile to supporting its goals? Pivot its focus to energy storage. As most people in the industry know, the main issues negatively affecting the solar industry over the past ...
Consumer Protection v. Solar Industry Protection: Do We Have To Choose? Posted on Feb 07, 2017
Consumer protection is a hot issue in the solar industry right now. Given the nature of the solar industry, some of the reasons consumer protection is a big issue are valid, and some are not. Many companies in the solar industry are small compani...
Legal Update: Code Clarifications to Help California Solar Installers Posted on Feb 01, 2017
A well known fact in the California solar industry is that streamlining and simplifying permitting for solar installations is a top priority. The amount of paperwork and effort required by solar installers in California to complete the permitting ...
The Likelihood Of Tax Reform in 2017 Puts Pressure On Clean Energy Posted on Jan 31, 2017
The GOP and White House are both promising tax reform soon. The reforms expected are cuts in corporate taxes and rules preventing companies from recovering costs from imported goods and services. Both of these reforms could have major impacts on r...
Featured Weekly Document: Dealer Agreements Posted on Jan 28, 2017
Many companies in the cleantech industry have created products that they want another company to sell for them. In order to set up this relationship, it is advisable to have a Dealer Agreement that defines obligations, expectations, risk and liabi...
New Warranty Requirements In CA Under NEM 2.0 Posted on Dec 28, 2016
All California solar contractors with customers in PG&E territory now must submit interconnection applications under NEM-2 because PG&E has met its cap for offering NEM-1. The key changes in the NEM-2 program include a requirement that a ...
Cost Of Solar At An All-Time Low As Soft Costs Decline Amid Escalating Competition Posted on Dec 12, 2016
The cost of solar is at an all-time low, driven primarily by a decline in “soft costs” over the last four years. According to the Lawrence Berkeley National Laboratory’s recent study summarized in “Tracking the Sun IX”, while solar energy system ...
Three Agreements For Hiring Sales and Lead Generators Posted on Oct 28, 2016
Many successful business owners have learned to focus on sales as their number one priority. When setting up relationships with sales consultants and lead generators, careful attention should be paid to both incentivize sales efforts and protect t...
Why Installation Contracts Can Create Sales Tax Liability Posted on Oct 04, 2016
In California, all contractors face the possibility of a sales tax audit by the Board of Equalization (“BOE”). If a contractor is audited by the BOE, the main documents the BOE will use to determine if unpaid sales or use tax occurred are the con...
Do Contractors Need Both Commercial And Residential Solar Installation Agreements? Posted on Sep 12, 2016
Yes. The law contains many protections for homeowners (consumers) in contractor home improvement agreements that affect the terms of solar installation agreements, including even simple things such as font type and section titles. Commercial sola...
Why Use A Letter of Intent (LOI)? Posted on Jul 04, 2016
Letters of Intent (LOIs) can be essential to locking in a sale prior to a final agreement, such as in the case of a commercial system installation. From the provider's point of view, a binding LOI guarantees payment upon contingencies being met. ...
Do You Need a Solar Power Purchase Agreement or Solar Lease Template? Posted on Jun 21, 2016
In the event that you are looking for a Solar Power Purchase Agreement (PPA) or Solar Lease template, we recommend the online forms developed by NREL, a national laboratory of the U.S. Department of Energy, Office of Energy Efficiency and Renewabl...
Protecting Your Contractor Business: RME Agreements Posted on Mar 24, 2016
Many solar and other types of cleantech companies need a contractor’s license to operate. This often involves either the owner of the company or an employee with a contractor’s license agreeing to be the responsible managing officer or employee fo...
The First Online Legal Platform for Renewable Energy Companies: CleanTechDocs.com Posted on Dec 01, 2015
Companies save thousands of dollars on legal fees when they locate forms on point for their business needs. Even when attorneys start with a well-written legal agreement, it saves their clients substantial money in avoided legal fees as creating a...
Business Formation Checklist and Considerations Posted on Dec 01, 2015
Are you just starting your cleantech business? If so, create a "to-do list" numbered by priority. Some things to put on this business "to-do list" are, as follows: 1. Determine name availability for chosen company name through an internet searc...- Previous
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