BILL NUMBER: AB 1801	AMENDED
	BILL TEXT

	AMENDED IN SENATE  JUNE 18, 2012
	AMENDED IN ASSEMBLY  APRIL 23, 2012
	AMENDED IN ASSEMBLY  APRIL 9, 2012

INTRODUCED BY   Assembly Member Campos
   (Principal  coauthor:   Assembly Member
  Alejo   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, as amended, 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 the total fees charged by a city, county,
or city and county in association with an application for the
installation of a solar energy system from exceeding the actual cost
to the city, county, or city and county in providing the service for
which the fees are charged, as specified.
   (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.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


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)  Oversight of local agency fees is a
matter of statewide interest and concern. Therefore, the 
 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) The total amount of fees charged by a city, county, or city
and county for an applicant to install a solar energy system shall
not exceed the actual costs to that city, county, or city and county
in providing the service for which the fees are charged.
   (c) In determining the costs pursuant to subdivision (b), a city,
county, or city and county shall not do either of the following:
   (1) Base the calculation of a fee charged pursuant to this section
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 charged pursuant to this
section on the valuation of the property on which the improvement is
planned, or the improvement, materials, or labor costs associated
with the improvement.
   (d) 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.