BILL NUMBER: SB 1222 AMENDED
BILL TEXT
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) to 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, or
city and county, including any charter city, county, or city and
county, with a population of over 10,000 residents
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 $300 $400 or
$400 and $5 per kilowatt for each kilowatt above 15 kW, as
specified, unless certain conditions are met. This
bill would require a city, county, or city and county, including any
charter city, county, or city and county, to submit a report to the
State Energy Resources Conservation and Development Commission, as
specified.
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) A For rooftop solar energy
systems that produce less than or equal to 15 kilowatts (kW) of peak
direct current electricity:
(1) A city, county, or
city and county, including any charter city, county, or city and
county, with a population of over 10,000 residents
city and county, or charter city shall not charge permit fees
for rooftop solar energy systems that exceed the estimated reasonable
cost of providing the service for which the fee is charged, which
shall not exceed three hundred dollars ($300)
four hundred dollars ($400) .
(b) A
(2) Notwithstanding paragraph (1), a
city, county, or city and county, including any
charter city, county, or city and county, or charter
city may charge permit fees for rooftop solar energy systems
that exceed three hundred dollars ($300) four
hundred dollars ($400) if, as part of the report
filed pursuant to subdivision (c) a written finding
and an adopted resolution or ordinance , it provides a
calculation related to substantial evidence of
the administrative cost to issue the permit.
(c) A city, county, or city and county, including any charter
city, county, or city and county, shall submit a report to the State
Energy Resources Conservation and Development Commission, no later
than December 1, 2013, with all of the following information:
(1) Whether its jurisdiction has modernized their building
standards code and permitting procedures to reduce costs for the
installation of rooftop solar energy systems based on state law and
the most current guidelines developed by the California Building
Standards Commission.
(2) Whether it has adopted fees that equal the administrative cost
related to the issuance of a permit for rooftop solar energy system
installation.
(3) Whether it has an electronic permit submittal process
available to the public.
(b) For rooftop solar energy systems that produce more than 15 kW
of peak direct current electricity:
(1) A city, county, city and county, or charter city shall not
charge permit fees for rooftop solar energy systems that exceed the
estimated reasonable cost of providing the service for which the fee
is charged, which shall not exceed four hundred dollars ($400) and
five dollars ($5) per kilowatt for each kilowatt above 15 kW.
(2) Notwithstanding paragraph (1), a city, county, city and
county, or charter city may charge permit fees for rooftop solar
energy systems that exceed four hundred dollars ($400) and five
dollars ($5) per kilowatt for each kilowatt above 15 kW if, as part
of a written finding and an adopted resolution or ordinance, it
provides substantial evidence of the administrative 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.
(d)
(e) It is the intent of the Legislature that a city,
county, or city and county, including any charter city,
county, or city and county, or charter city that
meets the obligations of subdivisions (a) and (b) receive priority
access to state and federal 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.