Bill Text: CA SB1222 | 2011-2012 | Regular Session | Amended

California Senate Bill 1222 (Prior Session Legislation)

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

Bill Title: Solar energy: permits.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Passed) 2012-09-27 - Chaptered by Secretary of State. Chapter 614, Statutes of 2012. [SB1222 Detail]

Download: California-2011-SB1222-Amended.html

BILL NUMBER: SB 1222	AMENDED
	BILL TEXT

	AMENDED IN SENATE  APRIL 9, 2012

INTRODUCED BY   Senator Leno

                        FEBRUARY 23, 2012

   An act  to add Chapter 7.5 (commencing with Section 66015) to
Division 1 of Title 7 of the Government Code,   relating to
solar energy.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 1222, as amended, Leno. Solar energy:  regulations.
  permits. 
   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 provides 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 prohibits a city or county from denying 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.   Existing law requires fees charged by a local
agency for specified purposes, including permits, to not exceed the
estimated reasonable cost of providing the service for which the fee
is charged, unless a question regarding the amount of the fee charged
in excess of this cost is submitted to, and approved by,  
2/3   of the electors.  
   This bill would make several findings and declarations relating to
clean energy. The bill would state the intent of the Legislature to
enact legislation that would assist local jurisdictions to develop
building standards and permitting policies to ensure that there is a
streamlined process for the deployment of solar distributed
generation in the residential and commercial building sectors.
 
   This bill would require permit fees for rooftop solar energy
systems by a city, county, or city and county, including any charter
city, county, or city and county, with a population of over 10,000
residents to not exceed the estimated reasonable cost of providing
the service for which the fee is charged, which cannot exceed $300
unless certain conditions are met. This bill would require a city,
county, or city and county, including any charter city, county, or
city and county, to submit a report to the State Energy Resources
Conservation and Development Commission, 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, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions. 
   Vote: majority. Appropriation: no. Fiscal committee:  no
  yes  . State-mandated local program:  no
  yes  .


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
   
  SECTION 1.    The Legislature finds and declares all of
the following:
   (a) Rooftop solar energy systems are a leading renewable energy
technology that will help this state reach its energy and
environmental goals.
   (b) It is anticipated that more than 1,000,000 additional rooftop
solar energy systems will be deployed in this state in the coming
years.
   (c) Various reports show that the permitting costs associated with
the installation of rooftop solar energy systems varies widely
across jurisdictions in this state.
   (d) High permitting fees increase the costs of installation and
reduce the ability for solar to be deployed across all income
spectrums.
   (e) Providing statewide permit fee standards will increase the
deployment of solar distributed generation, provide solar customers
greater installation ease, improve the state's ability to reach its
clean energy goals, and create jobs in this state. 
   SEC. 2.    Chapter 7.5 (commencing with Section
66015) is added to Division 1 of Title 7 of the   Government
Code   , to read:  
      CHAPTER 7.5.  FEES FOR ROOFTOP SOLAR ENERGY SYSTEMS


   66015.  (a) A city, county, or city and county, including any
charter city, county, or city and county, with a population of over
10,000 residents shall not charge permit fees for rooftop solar
energy systems that exceed the estimated reasonable cost of providing
the service for which the fee is charged, which shall not exceed
three hundred dollars ($300).
   (b) A city, county, or city and county, including any charter
city, county, or city and county, may charge permit fees for rooftop
solar energy systems that exceed three hundred dollars ($300) if, as
part of the report filed pursuant to subdivision (c), it provides a
calculation related to the administrative cost to issue the permit.
   (c) A city, county, or city and county, including any charter
city, county, or city and county, shall submit a report to the State
Energy Resources Conservation and Development Commission, no later
than December 1, 2013, with all of the following information:
   (1) Whether its jurisdiction has modernized their building
standards code and permitting procedures to reduce costs for the
installation of rooftop solar energy systems based on state law and
the most current guidelines developed by the California Building
Standards Commission.
   (2) Whether it has adopted fees that equal the administrative cost
related to the issuance of a permit for rooftop solar energy system
installation.
   (3) Whether it has an electronic permit submittal process
available to the public.
   (d) It is the intent of the Legislature that a city, county, or
city and county, including any charter city, county, or city and
county, that meets the obligations of subdivisions (a) and (b)
receive priority access to state and federal funds for the purposes
of distributed energy generation planning, permitting, training, or
implementation. 
   SEC. 3.    If the Commission on State Mandates
determines that this act contains costs mandated by the state,
reimbursement to local agencies and school districts for those costs
shall be made pursuant to Part 7 (commencing with Section 17500) of
Division 4 of Title 2 of the Government Code.  
  SECTION 1.    The Legislature finds and declares
all of the following:
   (a) The state should assist local jurisdictions to deploy clean
energy distributed generation technology in order to meet state clean
energy goals and create jobs in this state.
   (b) The state can aid local jurisdictions to develop consistent
statewide building standards and recommended permitting guidelines
and permit fees for basic rooftop solar equipment installation.
   (c) Providing low-cost, consistent building standards and permit
fees will increase the deployment of solar distributed generation,
provide solar customers greater installation ease, improve the state'
s ability to reach clean energy goals, and create jobs in this state.
 
  SEC. 2.    It is the intent of the Legislature to
enact legislation that would assist local jurisdictions to develop
building standards and permitting policies to ensure that there is a
streamlined process for the deployment of solar distributed
generation in the residential and commercial building sectors.