Bill Text: CA AB1414 | 2017-2018 | Regular Session | Amended
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Solar energy systems: permits.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2017-10-15 - Chaptered by Secretary of State - Chapter 849, Statutes of 2017. [AB1414 Detail]
Download: California-2017-AB1414-Amended.html
Bill Title: Solar energy systems: permits.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2017-10-15 - Chaptered by Secretary of State - Chapter 849, Statutes of 2017. [AB1414 Detail]
Download: California-2017-AB1414-Amended.html
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Amended
IN
Assembly
April 25, 2017 |
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Amended
IN
Assembly
March 22, 2017 |
CALIFORNIA LEGISLATURE—
2017–2018 REGULAR SESSION
| Assembly Bill | No. 1414 |
| Introduced by Assembly Member Friedman |
February 17, 2017 |
An act to amend Section 66015 of, and to amend the heading of Chapter 7.5 (commencing with Section 66015) of Division 1 of Title 7 of, the Government Code, relating to solar energy.
LEGISLATIVE COUNSEL'S DIGEST
AB 1414, as amended, Friedman.
Solar energy systems: permits.
Existing law requires a city, county, or city and county to administratively approve applications to install solar energy systems through the issuance of a building permit or similar nondiscretionary permit. Existing law, until January 1, 2018, prohibits permit fees for rooftop solar energy systems that produce direct current electricity, as specified, by a city, county, city and county, or charter city from exceeding the estimated reasonable cost of providing the service for which the fee is charged, which cannot exceed $500 plus $15 per kilowatt for each kilowatt above 15kW for residential permits and, for commercial permits, $1,000 for systems up to 50kW plus $7 per kW for each kW between 51kW and 250kW, plus $5 per kW for each kW above 250kW. Existing law authorizes permit fees that exceed these charges if, as part of a written finding and adopted resolution or ordinance, the city,
county, city and county, or charter city provides substantial evidence, as specified, of the reasonable cost to issue the permit.
This bill would extend the applicability of the above-described limit on fees to all solar energy systems and would remove extend the repeal date, thus continuing these provisions in effect indefinitely. date to January 1, 2025. This bill would revise and reduce the maximum permit fees, as specified, for photovoltaic and thermal systems. This bill would authorize permit fees that exceed these charges if the city, county, city and county, or charter city provides
substantial evidence, as part of a written finding and adopted resolution or ordinance, of the reasonable cost to issue the permit and the duration of the charge for this excess amount is not more than two 5 years from the date of the adoption of the resolution or ordinance that first established the permit fee. The bill would require this ordinance to fully describe the permitting process, including requirements for electronic submission, with electronic signature, of permit applications and supporting materials and single inspection requirements for small residential rooftop solar energy systems. The bill would require this
the written finding to include consideration of any reduction in permit or inspection costs. By requiring local agencies to perform additional duties indefinitely, for an extended period, the bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YESBill Text
The people of the State of California do enact as follows:
SECTION 1.
The heading of Chapter 7.5 (commencing with Section 66015) of Division 1 of Title 7 of the Government Code is amended to read:CHAPTER 7.5. Fees for Solar Energy Systems
SEC. 2.
Section 66015 of the Government Code is amended to read:66015.
(a) For a residential solar energy system:(1) A city, county, city and county, or charter city shall not charge a residential permit fee that exceeds the estimated reasonable cost of providing the service for which the fee is charged. Except as provided in paragraph (2), for photovoltaic systems, that fee shall not exceed three hundred fifty dollars ($350) four hundred dollars ($400) plus fifteen dollars ($15) per kilowatt for each kilowatt above 15kW. Except as provided in paragraph (2), for thermal systems, that
fee shall not exceed three hundred fifty dollars ($350) four hundred dollars ($400) plus fifteen dollars ($15) per kilowatt thermal for each kilowatt thermal above 10kWth.
(2) Notwithstanding paragraph (1), a city, county, city and county, or charter city may charge a residential permit fee for a solar energy system that exceeds the fees specified in paragraph (1) if, if both of the following conditions are met:
(A) The city, county, city and county, or charter city, as part of a written finding and an adopted resolution or ordinance, it provides substantial evidence of the reasonable cost to issue the permit and the permit.
(B) The
duration of the charge for this excess amount is not more than two
five years from the date of adoption of the resolution or ordinance that first establishes the residential permit fee.
(b) For a commercial solar energy system:
(1) A city, county, city and county, or charter city shall not charge a commercial permit fee that exceeds the estimated reasonable cost of providing the service for which the fee is charged. Except as provided in paragraph (2), for photovoltaic systems, the fee shall not exceed one thousand dollars ($1,000) for systems up to 50kW plus seven dollars ($7) per kilowatt for each kilowatt between 51kW and 250kW, plus five dollars ($5) per kilowatt for each kilowatt above 250kW. Except as provided in paragraph (2), for thermal systems, the fee shall not exceed one thousand dollars
($1,000) for systems up to 30kWth, plus seven dollars ($7) per kilowatt thermal for each kilowatt thermal between 30kWth and 260kWth, plus five dollars ($5) per kilowatt thermal for each kilowatt thermal above 260kWth.
(2) Notwithstanding paragraph (1), a city, county, city and county, or charter city may charge a commercial permit fee for a solar energy system that exceeds the applicable fee specified in paragraph (1) if, if both of the following conditions are met:
(A) The
city, county, city and county, or charter city,
as part of a written finding and an adopted resolution or ordinance, it provides substantial evidence of the reasonable cost to issue the permit and the permit.
(B) The duration of the charge for this excess amount is not more than two
five years from the date of adoption of the resolution or ordinance that first establishes the commercial permit fee.
(c) An ordinance adopted pursuant to paragraph (2) of subdivision (a) shall fully describe the permitting process, including requirements for electronic submission, with electronic signature, of a permit application and supporting materials and single inspection requirements for small residential rooftop solar energy systems pursuant to subdivisions (g) and (h) of Section 65850.5.
(d) A written finding adopted pursuant to paragraph (2) of subdivision (a) or (b) shall include all of the following:
(1) A determination that the municipality has adopted appropriate
ordinances, permit fees, and processes to streamline the submittal and approval of permits for solar energy systems pursuant to the practices and policies in state guidelines, the checklists and standard plans in the California Solar Permitting Guidebook, and model ordinances.
(2) A calculation related to the administrative cost of issuing a solar permit that includes consideration of any reduction in costs to issue the permit or inspect a solar energy system pursuant to Section 65850.5.
(3) A description of how the higher fee will result in a quick and streamlined approval process.
(e) For purposes of this section, “administrative costs” means the costs incurred in connection with the review, approval, and issuance
of the permit, and the hourly site inspection and followup costs, and may also include an amortization of the costs incurred in connection with producing a written finding and adopting an ordinance or resolution pursuant to subdivision (a) or (b).
(f) For purposes of this section, “residential permit fee” means the sum of all charges levied by a city, county, city and county, or charter city in connection with the application for a solar energy system.
(g) It is the intent of the Legislature that a city, county, city and county, or charter city that meets the obligations of subdivisions (a) and (b) receive priority access to state funds for the purposes of distributed energy generation planning, permitting, training, or implementation.
(h) This section shall remain in effect only until January 1, 2025, and as of that date is repealed.
