BILL ANALYSIS �
AB 2135
Page 1
Date of Hearing: April 10, 2012
ASSEMBLY COMMITTEE ON BUSINESS, PROFESSIONS AND CONSUMER
PROTECTION
Mary Hayashi, Chair
AB 2135 (Blumenfield) - As Amended: March 27, 2012
SUBJECT : Building standards: solar distributed generation
technology on residential and commercial property.
SUMMARY : Authorizes the California Building Standards
Commission (BSC) to adopt building standards for the
installation of solar systems on residential and commercial
property by using emergency rulemaking procedures without an
emergency finding, before January 1, 2014. Specifically, this
bill :
1)Authorizes BSC to adopt building standards for solar
distributed generation technology (SDGT) on residential and
commercial property by using emergency rulemaking procedures
without the necessity of making an emergency finding or
requiring a proposing agency to make a finding of an
emergency, before the conclusion of the 2012 triennial code
adoption cycle of the Code on January 1, 2014.
2)Requires BSC and the Department of Housing and Community
Development (HCD), in cooperation with the State Fire Marshal
(SFM), to develop a model ordinance and guidelines that assist
local agencies in developing building standards and permit
processes for SDGT on residential and commercial property, and
to post the ordinance and guidelines on their respective
Internet Web sites.
3)Encourages local jurisdictions to develop or amend their
building standards and permit process to ensure a low-cost,
streamlined process for the installation of SDGT on
residential and commercial property.
4)Makes legislative findings and declarations related to
streamlining the local permit system for the installation of
solar panels.
EXISTING LAW :
1)Authorizes a city of county to make changes or modifications
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in the requirements contained in the provisions published by
the BSC in the California Building Standards Code (Code) for
approval and adoption.
2)Requires that amendments, additions, and deletions to the Code
adopted by a city, county, or city and county pursuant to
existing law, become effective 180 days after publication, or
at a later date, as specified.
FISCAL EFFECT : Unknown
COMMENTS :
Purpose of this bill . According to the author's office, "The
local process of obtaining a municipal permit to install rooftop
solar panels is often inefficient, expensive, and varies across
jurisdictions around the state. In 2007, local permits and
inspections added 13% to the cost of a solar system - today,
they add 33%. In 2009, the Sierra Club surveyed 250
municipalities in Southern California to determine their fees
and processing times �to acquire] permits to install solar
panels on residential rooftops. The survey found that fees for
a typical solar panel varied from $0 to over $1,500 for
residential single-family homeowners.
"In addition to rising permit costs, the lack of a coordinated
and streamlined local permit system makes the local permit and
inspection process inefficient and confusing to the consumers
and companies that install solar panels. These costs are an
impediment to thousands of Californians who may otherwise
install solar �panels for] their homes, and reduce potential
jobs in the clean energy sector. To bring more certainty and
uniformity to property owners seeking to install solar systems,
AB 2135 authorizes BSC to create a streamlined permit process
and model guidelines for local governments."
Background . The BSC was established in 1953 and is responsible
for administering California's building codes, including
adopting, approving, publishing, and implementing codes and
standards. The BSC publishes the Code (latest edition, 2010)
every three years, and its supplements, such as the California
Green Building Standards Code, in intervening years.
The building regulations or standards take effect 180 days after
their publication unless otherwise stipulated and applies to all
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occupancies in California. Any building standard adopted
through the emergency rulemaking procedure takes effect
immediately upon filing with the Secretary of State, and would
need to be adopted by state agencies and BSC through regular
rulemaking procedures within 180 days of taking effect, to
permanently remain in the Code.
According to a January 2011 national report by the home service
solar provider, Sunrun, "The bulk of the problem is local
process and variation? Inefficient local process wastes times
and money, and local variation forces installers to spend time
and money customizing plans for each jurisdiction.
Standardizing this process makes sense because most
installations are relatively similar and 'share many
similarities of design?
"Since each jurisdiction has different requirements, installers
may have to research code, customize drawings, and apply for
zoning approval every time they do an install. Many
jurisdictions require review by an expensive professional
engineer even if similar plans have been approved before?
Jurisdictions charge fees that vary widely, some higher than
$1,000. Many jurisdictions use solar permit fees to plug other
holes in the budget? Jurisdictions often have requirements
beyond what state or national code requires, such as larger fire
barriers, extra disconnects to turn off the system, expensive
labeling, and excessive roof penetrations. These add
significant cost to a system."
According to the 2009 Sierra Club report, "Solar Electric Permit
Fees in Southern California," fees for a typical photovoltaic
(PV) system varied between $0 to over 1,500 across 250
municipalities. The average PV permit fee in the survey area
was $493, and the average processing time across jurisdictions
was one to two weeks. The report found that certain practices
contributed to exorbitant permit fees and long processing times,
including: valuation-based fees (based on the cost of a solar
system), fire department reviews, public works department
reviews, planning department reviews, and municipal utility
approvals.
Support . According to the Sierra Club, "While solar equipment
prices are falling, the high cost and excessive amount of time
in permitting and installing residential and commercial solar
systems remains an impediment. The bulk of the problem is the
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lack of a standard permitting process throughout the state, as
the current permitting and inspection processes vary from
jurisdiction to jurisdiction. The need to track requirements,
create custom designs and unnecessary delays and rework
associated with permitting variability all result in higher
costs for consumers without improving safety or quality of the
installations. In addition, many local jurisdictions are
understaffed and have not been provided adequate training on the
electric code and system design."
According to the Environmental Defense Fund and Sunrun, "The
state should assist local jurisdictions in the deployment of
solar distributive generation systems, and this bill will give
the BSC and HCD, in cooperation with the SFM, the authority to
adopt, approve, codify, and publish emergency building
regulations for SDGT on residential and commercial rooftop
applications in an expedited manner. In addition, this bill
calls for a guidebook to be created, which will help local
jurisdictions make these changes in their processes."
REGISTERED SUPPORT / OPPOSITION :
Support
Environmental Defense Fund
Sierra Club
Sungevity
Sunrun
Verengo Solar
Vote Solar Initiative
Opposition
None on file.
Analysis Prepared by : Joanna Gin / B.,P. & C.P. / (916)
319-3301