BILL NUMBER: AB 1801	AMENDED
	BILL TEXT

	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, 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   a  city, county, or city and
county  in providing the service for which the fees are
charged, as specified   from basing the calculation of
the fee charged for a solar energy system on the valuation of the
solar energy sys   tem, 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.
   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) 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,

    (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  a   the 
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) 
    (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.