Bill Text: CA AB2188 | 2013-2014 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Solar energy: permits.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2014-09-21 - Chaptered by Secretary of State - Chapter 521, Statutes of 2014. [AB2188 Detail]

Download: California-2013-AB2188-Amended.html

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BILL NUMBER: AB 2188	AMENDED
	BILL TEXT

	AMENDED IN SENATE  JUNE 18, 2014
	AMENDED IN ASSEMBLY  MAY 8, 2014
	AMENDED IN ASSEMBLY  MAY 5, 2014
	AMENDED IN ASSEMBLY  APRIL 21, 2014

INTRODUCED BY   Assembly Member Muratsuchi

                        FEBRUARY 20, 2014

   An act to amend Section 714 of the Civil Code, and to amend
Section 65850.5 of the Government Code, relating to solar energy.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2188, as amended, Muratsuchi. Solar energy: permits.
    (1) Existing law provides that it is the policy of the state to
promote and encourage the use of solar energy systems, as defined,
and to limit obstacles to their use. Existing law states that the
implementation of consistent statewide standards to achieve timely
and cost-effective installation of solar energy systems is not a
municipal affair, but is instead a matter of statewide concern.
Existing law requires a city or county to administratively approve
applications to install solar energy systems through the issuance of
a building permit or similar nondiscretionary permit. Existing law
requires a solar energy system for heating water to be certified by
the Solar Rating Certification Corporation or another nationally
recognized certification agency.
   This bill would specify that these provisions address a statewide
concern. The bill would additionally require a city, county, or city
and county to adopt, on or before September 30, 2015,  in
consultation with specified public entities  an ordinance that
creates an expedited, streamlined permitting process for small
residential rooftop solar energy systems, as specified. The bill
would additionally require a city, county, or city and county to
inspect a small residential rooftop solar energy system eligible for
expedited review within 5 business days of any request, as specified,
and to perform only one inspection,  except  as specified.
The bill would prohibit a city, county, or city and county from
conditioning the approval of any solar energy system permit on
approval of that system by an association that manages a common
interest development. The bill would require a solar energy system
for heating water to be certified by an accredited listing agency, as
defined. 
   Because the bill would impose new duties upon local governments
and local agencies, it would impose a state-mandated local program.

   (2) Existing law prohibits any covenant, restriction, or condition
contained in any deed, contract, security instrument, or other
instrument affecting the transfer or sale of, or any interest in,
real property, and any provision of a governing document from
effectively prohibiting or restricting the installation or use of a
solar energy system. Existing law exempts from that prohibition
provisions that impose reasonable restrictions on a solar energy
system that do not significantly increase the cost of the system or
significantly decrease its efficiency or specified performance.
Existing law defines the term "significantly," for these purposes,
with regard to solar domestic water heating systems or solar swimming
pool heating systems that comply with state and federal law, to mean
an amount exceeding 20% of the cost of the system or decreasing the
efficiency of the solar energy system by an amount exceeding 20%, and
with regard to photovoltaic systems that comply with state and
federal law, an amount not to exceed $2,000 over the system cost or a
decrease in system efficiency of an amount exceeding 20%, as
specified. Existing law requires a solar energy system for heating
water subject to the provisions described above to be certified by
the Solar Rating Certification Corporation or another nationally
recognized certification agency.
   This bill would instead define the term "significantly," for these
purposes, with regard to solar domestic water heating systems or
solar swimming pool heating systems that comply with state and
federal law, to mean an amount exceeding 10% of the cost of the
system, not to exceed $1,000, or decreasing the efficiency of the
solar energy system by an amount exceeding 10%, and with regard to
photovoltaic systems that comply with state and federal law, an
amount not to exceed $1,000 over the system cost or a decrease in
system efficiency of an amount exceeding 10%, as specified. The bill
would require a solar energy system for heating water subject to the
provisions described above to be certified by an accredited listing
agency, as defined.
   (3) Existing law requires an application for approval for the
installation or use of a solar energy system to be processed and
approved by the appropriate approving entity in the same manner as an
application for approval of an architectural modification to the
property and prohibits the approver from willfully avoiding or
delaying approval. Existing law requires the approving entity to
notify the applicant in writing within 60 days of receipt of the
application if the application is denied, as specified.
   The bill would instead require the approving entity to notify the
applicant in writing within  30   45  days
of receipt of the application if the application is denied, as
specified.
   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.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  The Legislature finds and declares all of the
following:
   (a) In recent years, the state has both encouraged the development
of innovative distributed generation technology and prioritized the
widespread adoption of solar power as a renewable energy resource
through programs such as the California Solar Initiative.
   (b) Rooftop solar energy is a leading renewable energy technology
that will help this state reach its energy and environmental goals.
   (c) To reach the state's Million Solar Roofs goal, hundreds of
thousands of additional rooftop solar energy systems will need to be
deployed in the coming years.
   (d) Various studies, including one by the Lawrence Berkeley
National Laboratory, show that, despite the 1978 California Solar
Rights Act, declaring that the "implementation of consistent
statewide standards to achieve the timely and cost-effective
installation of solar energy systems is not a municipal affair ...
but is instead a matter of statewide concern," the permitting process
governing the installation of rooftop solar energy systems varies
widely across jurisdictions and, contrary to the intent of the law,
is both an "obstacle" to the state's clean energy and greenhouse
reduction goals and a "burdensome cost" to homeowners, businesses,
schools, and public agencies.
   (e) The United States Department of Energy, through its SunShot
Initiative, has distributed millions of dollars in grants to local
and state governments, including California jurisdictions, and
nonprofit organizations to reduce the costs of distributed solar
through streamlined and standardized permitting.
   (f) A modernized and standardized permitting process for
installations of small-scale solar distributed generation technology
on residential rooftops will increase the deployment of solar
distributed generation, help to expand access to lower income
households, provide solar customers greater installation ease,
improve the state's ability to reach its clean energy goals, and
generate much needed jobs in the state, all while maintaining safety
standards.
  SEC. 2.  Section 714 of the Civil Code is amended to read:
   714.  (a) Any covenant, restriction, or condition contained in any
deed, contract, security instrument, or other instrument affecting
the transfer or sale of, or any interest in, real property, and any
provision of a governing document, as defined in Section 4150 or
6552, that effectively prohibits or restricts the installation or use
of a solar energy system is void and unenforceable.
   (b) This section does not apply to provisions that impose
reasonable restrictions on solar energy systems. However, it is the
policy of the state to promote and encourage the use of solar energy
systems and to remove obstacles thereto. Accordingly, reasonable
restrictions on a solar energy system are those restrictions that do
not significantly increase the cost of the system or significantly
decrease its efficiency or specified performance, or that allow for
an alternative system of comparable cost, efficiency, and energy
conservation benefits.
   (c) (1) A solar energy system shall meet applicable health and
safety standards and requirements imposed by state and local
permitting authorities, consistent with Section 65850.5 of the
Government Code.
   (2) Every solar energy system for heating water shall be certified
by an accredited listing agency as defined in Section 65850.5 of the
Government Code.
   (3) A solar energy system for producing electricity shall also
meet all applicable safety and performance standards established by
the National Electrical Code, the Institute of Electrical and
Electronics Engineers, and accredited testing laboratories such as
Underwriters Laboratories and, where applicable, rules of the Public
Utilities Commission regarding safety and reliability.
   (d) For the purposes of this section:
   (1) (A) For solar domestic water heating systems or solar swimming
pool heating systems that comply with state and federal law,
"significantly" means an amount exceeding 10 percent of the cost of
the system, but in no case more than one thousand dollars ($1,000),
or decreasing the efficiency of the solar energy system by an amount
exceeding 10 percent, as originally specified and proposed.
   (B) For photovoltaic systems that comply with state and federal
law, "significantly" means an amount not to exceed one thousand
dollars ($1,000) over the system cost as originally specified and
proposed, or a decrease in system efficiency of an amount exceeding
10 percent as originally specified and proposed.
   (2) "Solar energy system" has the same meaning as defined in
paragraphs (1) and (2) of subdivision (a) of Section 801.5.
   (e) (1) Whenever approval is required for the installation or use
of a solar energy system, the application for approval shall be
processed and approved by the appropriate approving entity in the
same manner as an application for approval of an architectural
modification to the property, and shall not be willfully avoided or
delayed.
   (2) For an approving entity that is an association, as defined in
Section 4080 or 6528, and that is not a public entity, both of the
following shall apply:
   (A) The approval or denial of an application shall be in writing.
   (B) If an application is not denied in writing within  30
  45  days from the date of receipt of the
application, the application shall be deemed approved, unless that
delay is the result of a reasonable request for additional
information.
   (f) Any entity, other than a public entity, that willfully
violates this section shall be liable to the applicant or other party
for actual damages occasioned thereby, and shall pay a civil penalty
to the applicant or other party in an amount not to exceed one
thousand dollars ($1,000).
   (g) In any action to enforce compliance with this section, the
prevailing party shall be awarded reasonable attorney's fees.
   (h) (1) A public entity that fails to comply with this section may
not receive funds from a state-sponsored grant or loan program for
solar energy. A public entity shall certify its compliance with the
requirements of this section when applying for funds from a
state-sponsored grant or loan program.
   (2) A local public entity may not exempt residents in its
jurisdiction from the requirements of this section.
  SEC. 3.  Section 65850.5 of the Government Code is amended to read:

   65850.5.  (a) The implementation of consistent statewide standards
to achieve the timely and cost-effective installation of solar
energy systems is not a municipal affair, as that term is used in
Section 5 of Article XI of the California Constitution, but is
instead a matter of statewide concern. It is the intent of the
Legislature that local agencies not adopt ordinances that create
unreasonable barriers to the installation of solar energy systems,
including, but not limited to, design review for aesthetic purposes,
and not unreasonably restrict the ability of homeowners and
agricultural and business concerns to install solar energy systems.
It is the policy of the state to promote and encourage the use of
solar energy systems and to limit obstacles to their use. 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.
   (b) A city or county shall administratively approve applications
to install solar energy systems through the issuance of a building
permit or similar nondiscretionary permit. Review of the application
to install a solar energy system shall be limited to the building
official's review of whether it meets all health and safety
requirements of local, state, and federal law. The requirements of
local law shall be limited to those standards and regulations
necessary to ensure that the solar energy system will not have a
specific, adverse impact upon the public health or safety. However,
if the building official of the city or county makes a finding, based
on substantial evidence, that the solar energy system could have a
specific, adverse impact upon the public health and safety, the city
or county may require the applicant to apply for a use permit.
   (c) A city, county, or city and county may not deny an application
for a use permit to install a solar energy system unless it makes
written findings based upon substantial evidence in the record that
the proposed installation would have a specific, adverse impact upon
the public health or safety, and there is no feasible method to
satisfactorily mitigate or avoid the specific, adverse impact. The
findings shall include the basis for the rejection of potential
feasible alternatives of preventing the adverse impact.
   (d) The decision of the building official pursuant to subdivisions
(b) and (c) may be appealed to the planning commission of the city,
county, or city and county.
   (e) Any conditions imposed on an application to install a solar
energy system shall be designed to mitigate the specific, adverse
impact upon the public health and safety at the lowest cost possible.

   (f) (1) A solar energy system shall meet applicable health and
safety standards and requirements imposed by state and local
permitting authorities.
   (2) Every solar energy system for heating water shall be certified
by an accredited listing agency.
   (3) A solar energy system for producing electricity shall meet all
applicable safety and performance standards established by the
National Electrical Code, the Institute of Electrical and Electronics
Engineers, and accredited testing laboratories such as Underwriters
Laboratories and, where applicable, rules of the Public Utilities
Commission regarding safety and reliability.
   (g) On or before September 30, 2015, every city, county, or city
and  county   county, in consultation with the
local fire department or district and the utility director, if the
city, county, or city and county operates a utility,  shall
adopt an ordinance, consistent with the goals and intent of
subdivision (a), that creates an expedited, streamlined permitting
process for small residential rooftop solar energy systems. In
developing an expedited permitting process, the city, county, or city
and county shall adopt a checklist of all requirements with which
small rooftop solar energy systems shall comply to be eligible for
expedited review. An application that  meet the 
 satisfies the information  requirements in the 
checklist   checklist, as determined by the city,
county, and city and county,  shall be deemed  approved
upon receipt of the completed application submittal.  
complete. Upon confirmation by the city, county, or city and county
of the application and supporting documents being complete and
meeting the requirements of the checklist, a city, county, or city
and county shall, consistent with subdivision (b), approve the
application and issue all required permits or authorizations. Upon
receipt of an incomplete application, a city, county, or city and
county shall issue a written correction notice detailing all
deficiencies in the application and any additional information
required to be eligible for expedited permit issuance.  The
checklist and required permitting documentation shall be published on
a publically accessible Internet Web  site  
site, if the city, county, or city and county has an Internet Web
site,  and the city, county, or city and county shall allow for
electronic submittal of a permit application and associated
documentation, and shall authorize the electronic signature on all
forms, applications, and other documentation in lieu of a wet
signature by an applicant. In developing the ordinance, the city,
county, or city and county shall strive to conform with standardized
checklists based on existing statewide solar permitting guidelines or
best practices including those developed through the United States
Department of Energy's SunShot Initiative.
   (h) For a small residential rooftop solar energy system eligible
for expedited review, only one inspection shall be required and that
one inspection shall be scheduled within five business days of a
request, if the request is received during business hours. If the
request is received after business hours, the inspection shall be
scheduled within five business days of the beginning of the next
business day after receipt of the request. If a city, county, or city
and county determines that it is unable to provide an inspection
within five business days of a request, the city, county, or city and
county may hold a public hearing and adopt an ordinance or
resolution providing for a different time period or different means
for scheduling inspections.  If the small residential rooftop
solar energy system fails inspection, a subsequent inspection shall
also conform to the requirements of this subdivision. 
   (i) A city, county, or city and county shall not condition
approval for any solar energy system permit on the approval of a
solar energy system by an association, as that term is defined in
Section 4080 of the Civil Code.
   (j) The following definitions apply to this section:
   (1) "A feasible method to satisfactorily mitigate or avoid the
specific, adverse impact" includes, but is not limited to, any
cost-effective method, condition, or mitigation imposed by a city,
county, or city and county on another similarly situated application
in a prior successful application for a permit. A city, county, or
city and county shall use its best efforts to ensure that the
selected method, condition, or mitigation meets the conditions of
subparagraphs (A) and (B) of paragraph (1) of subdivision (d) of
Section 714 of the Civil Code.
   (2) "Accredited listing agency" means a standards or testing
organization that evaluates solar energy systems according to
specified, independent criteria and allows its mark to be used on
qualifying systems as a stamp of approval, such as the American
National Standards Institute or the American Association for
Laboratory Accreditation.
   (3) "Electronic submittal" means the utilization  any
  of one or more  of the following:
   (A) Email.
   (B) The Internet.
   (C) Facsimile.
   (4) "Small residential solar energy system" means all of the
following:
   (A) A solar energy system that is no larger than 10 kilowatts
alternating current nameplate rating or 30 kilowatts thermal.
   (B) A solar energy system that conforms to all applicable state
fire, structural, electrical, and other building codes as adopted or
amended by the city, county, or city and county and paragraph (3) of
subdivision (c) of Section 714 of the Civil Code.
   (C) A solar energy system that is installed on a single or duplex
family dwelling.
   (D) A solar panel or module array that does not exceed the maximum
legal building height.
   (5) "Solar energy system" has the same meaning set forth in
paragraphs (1) and (2) of subdivision (a) of Section 801.5 of the
Civil Code.
   (6) "Specific, adverse impact" means a significant, quantifiable,
direct, and unavoidable impact, based on objective, identified, and
written public health or safety standards, policies, or conditions as
they existed on the date the application was deemed complete.
  SEC. 4.  No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because a
local agency or school district has the authority to levy service
charges, fees, or assessments sufficient to pay for the program or
level of service mandated by this act, within the meaning of Section
17556 of the Government Code.