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St. Thomas Law Review

First Page

221

Document Type

Article

Abstract

This article will focus on the existing solar PV policies and frameworks of the United States and certain countries within Europe. Solar PV systems employ panels made of solar cells that capture sunlight and convert it into electricity. Solar PV panels, otherwise known as solar PV modules, are "typically made from solar cells combined into modules that hold about 40 cells" and can be combined together to form a solar array, which can be further interconnected to form large utility-scale PV systems. These systems easily represent the largest solar energy market in the world and can be installed across all market segments: residential, non-residential (commercial, non-profit, and government), and utility-scale. Continued growth of solar PV technologies in the United States and Europe is dependent upon the regulatory, policy, and incentive frameworks present in states, communities, and municipalities. Similar to countries in the Europe, the United States encounters barriers such as "complex solar installation permitting procedures [and] a lack of financing mechanisms for solar projects . . . ," but additionally suffers from restrictions on solar access, inadequate interconnection standards and net metering policies, shortage of a trained workforce, and a lack of support mechanisms for utility-scale projects. While the federal government has enacted several policies and incentives to support the growth of solar technologies, it lacks the ability to sufficiently combat some of these issues. Energy law in the United States is also primarily regulated at the state level or lower, which effectively makes each state a separate solar market and affords state and local levels of government the responsibility of instituting policies and incentives that help eliminate barriers. State and local governments can provide further incentive mechanisms than those already offered by the federal government in the form of tax rebates and feed-in tariffs, among others. Advancement of solar technology can also be encouraged through solar access and solar rights laws, which ensure the availability of solar energy resources to individuals and companies and are important issues for state and local governments, where many different mechanisms are used to address solar access such as solar easements, ordinances, land use restrictions, homeowners' association rules, and permit requirements. Additionally, solar PV technology can be encouraged at the state and local level through the comprehensive enactment of renewable portfolio standards ("RPSs"), interconnection standards, and net metering policies. RPSs generally require utility companies to produce a certain amount of their electricity from renewable energy sources, interconnection standards specify requirements for connecting solar technology systems to the grid, and net metering allows individuals and companies to send extra electricity generated by solar technologies back to the utility network and receive credit for doing so. State and local governments can also encourage solar technologies by streamlining the permitting process for the installation of solar technologies and doing more to support utility-scale projects. In Part II, this article introduces the nature of solar energy production with an emphasis on the policy framework and infrastructure needed for solar production in the United States and Europe." Part III discusses the viability of solar energy in the renewable energy sector and as a source of electricity. Part IV examines foreign strategies, particularly those used in Germany and other countries within Europe that boast successful solar markets, to support the production of solar technology within the country. This examination will include suggestions as to why Germany and other European markets have decreased certain solar incentives and how we can learn from their experience. Part V will address the United States solar framework. Presented within this section will be examples of towns and municipalities with model solar access laws and other forms of support and recommendations for federal, state and local governments derived from our own experience and the experience of European countries. The author argues that solar energy can be the most viable future source of renewable energy in the United States, Europe, and even abroad if other countries try to emulate these recommended practices. However, in the United States, this is dependent upon state and local governments being more proactive in enacting policies and incentives that increase the availability of solar technologies to residents and businesses. Doing so would eliminate various barriers to the continued growth of solar PV energy production. If these commitments are made, the United States can make a more concerted effort towards replacing fuel and coal with solar and other renewables as main sources of electricity, which will be a necessary step toward a climate change solution.

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