BILL NUMBER: SB 1222 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY JUNE 19, 2012
AMENDED IN SENATE MAY 25, 2012
AMENDED IN SENATE MAY 1, 2012
AMENDED IN SENATE APRIL 9, 2012
INTRODUCED BY Senator Leno
FEBRUARY 23, 2012
An act to add and repeal 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
SB 1222, as amended, Leno. Solar energy: 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
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 require permit fees for rooftop solar energy
systems, as specified, by a city, county, city or county, or charter
city to not exceed the estimated reasonable cost of providing the
service for which the fee is charged, which cannot exceed $400
or $400 and $5 per kilowatt for each kilowatt above 15 kW,
as specified plus $15 per kilowatt for each kilowatt
above 15kW for residential rooftop solar energy systems, and $1,000
plus $7 per kilowatt for each kilowatt between 51kW and 250kW, plus
$5 for every kilowatt above 250kW, for commercial rooftop solar
energy systems , unless certain conditions are met.
By requiring local agencies to perform additional duties, 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, 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.
The provisions of the bill would remain in effect only until
January 1, 2018.
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) 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) For a residential rooftop solar energy
systems system that produce
less than or equal to 15 kilowatts (kW) of peak
produces direct current electricity:
(1) A city, county, city and county, or charter city shall not
charge a residential permit fees for rooftop
solar energy systems that exceed fee that exceeds
the estimated reasonable cost of providing the service for
which the fee is charged , which . Except as
provided in paragraph (2), that fee shall not exceed four
hundred dollars ($400) plus fifteen dollars ($15) per kilowatt
for each kilowatt above 15kW .
(2) Notwithstanding paragraph (1), a city, county, city and
county, or charter city may charge a residential permit
fees fee for a rooftop solar
energy systems system that
exceed four hundred dollars ($400) exceeds the fees
specified in paragraph (1) if, as part of a written finding and
an adopted resolution or ordinance, it provides substantial evidence
of the administrative reasonable cost
to issue the permit.
(b) For a commercial rooftop solar energy
systems system that produce more than
15 kW of peak direct produces current
electricity:
(1) A city, county, city and county, or charter city shall not
charge a commercial permit fees for rooftop solar
energy systems that exceed fee that exceeds the
estimated reasonable cost of providing the service for which the fee
is charged , which . Except as provided in
paragraph (2), the fee shall not exceed four hundred
dollars ($400) and five dollars ($5) per kilowatt for each kilowatt
above 15 kW one thousand dollars ($1,000) for systems
up to 50kW plus seven dollars ($7) per kilowatt for each
kilowatt between 51kW and 250 kW, plus five dollars ($5) per kilowatt
for each kilowatt above 250kW .
(2) Notwithstanding paragraph (1), a city, county, city and
county, or charter city may charge a commercial permit
fees fee for a rooftop solar
energy systems system that
exceed four hundred dollars ($400) and five dollars ($5) per kilowatt
for each kilowatt above 15 kW exceeds the applicable
fee specified in paragraph (1) if, as part of a written finding
and an adopted resolution or ordinance, it provides substantial
evidence of the administrative reasonable
cost to issue the permit.
(c) A written finding adopted pursuant to 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 and model ordinances.
(2) A calculation related to the administrative cost of issuing a
solar rooftop permit.
(3) A description of how the higher fee will result in a quick and
streamlined approval process.
(d) 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).
(e) 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.
(f) This chapter shall remain in effect only until January 1,
2018, and as of that date is repealed.
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.