BILL NUMBER: AB 1801	CHAPTERED
	BILL TEXT

	CHAPTER  538
	FILED WITH SECRETARY OF STATE  SEPTEMBER 25, 2012
	APPROVED BY GOVERNOR  SEPTEMBER 25, 2012
	PASSED THE SENATE  AUGUST 9, 2012
	PASSED THE ASSEMBLY  AUGUST 13, 2012
	AMENDED IN SENATE  AUGUST 6, 2012
	AMENDED IN SENATE  JUNE 18, 2012
	AMENDED IN ASSEMBLY  APRIL 23, 2012
	AMENDED IN ASSEMBLY  APRIL 9, 2012

INTRODUCED BY   Assembly Member Campos
   (Principal coauthors: Assembly Members Alejo and Williams)

                        FEBRUARY 21, 2012

   An act to add Section 65850.55 to the Government Code, relating to
land use.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1801, Campos. Land use: fees.
   (1) Existing law requires fees charged by a local agency for
specified purposes 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. The Planning and
Zoning law requires a city or county to administratively approve
applications to install solar energy systems, as defined, through the
issuance of a building permit or similar nondiscretionary permit.
   This bill would prohibit a city, county, or city and county from
basing the calculation of the fee charged for a solar energy system
on the valuation of the solar energy system, or any other factor not
directly associated with the cost to issue the permit, or from basing
the calculation of the fee on the valuation of the property or the
improvement, materials, or labor costs associated with the
improvement. The bill would also require the city, county, or city
and county to separately identify each fee assessed on the applicant
for the installation of a solar energy system on the invoice provided
to the applicant.
   (2) The bill would also express a legislative finding and
declaration that oversight of permit fees for renewable energy
systems is an issue of statewide concern and not a municipal affair
and that, therefore, all cities, including charter cities, would be
subject to the provisions of the bill.


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

  SECTION 1.  Section 65850.55 is added to the Government Code, to
read:
   65850.55.  (a) (1) The Legislature finds and declares that
oversight of permitting fees for solar energy systems is a matter of
statewide concern and not a municipal affair, as that term is used in
Section 5 of Article XI of the California Constitution. Therefore
this act shall apply to all cities, including charter cities. The
Legislature further finds and declares that nothing in this bill is
intended to imply approval of any other local fees for solar systems
not specifically covered by this bill.
   (2) For purposes of this section, the term "solar energy system"
shall have the same meaning as set forth by subdivision (a) of
Section 801.5 of the Civil Code.
   (b) A city, county, or city and county, in determining fees
charged for the installation of a solar energy system, shall not do
either of the following:
   (1) Base the calculation of the fee on the valuation of the solar
energy system, or any other factor not directly associated with the
cost to issue the permit.
   (2) Base the calculation of the fee on the valuation of the
property on which the improvement is planned, or the improvement,
materials, or labor costs associated with the improvement.
   (c) A city, county, or city and county shall separately identify
each fee assessed on an applicant for the installation of a solar
energy system on the invoice provided to the applicant.