HomeMy WebLinkAbout2014-06-24 - AGENDA REPORTS - STATE LEGISLATION AB 2188 (5)CONSENT CALENDAR
DATE:
SUBJECT:
DEPARTMENT:
Agenda Item: 6
CITY OF SANTA CLARITA
AGENDA REPORT
City Manager Approval:
Item to be presented by:
June 24, 2014
Matthew Levesque
STATE LEGISLATION: ASSEMBLY BILL 2188
City Manager's Office
RECOMMENDED ACTION
City Council adopt the recommendation of the City Council Legislative Subcommittee to oppose
Assembly Bill 2188 (Muratsuchi) and transmit position statements to Assembly Member
Muratsuchi, Santa Clarita's state legislative delegation, appropriate legislative committees,
Governor Brown, and the League of California Cities.
BACKGROUND
Assembly Bill 2188 was introduced by Assembly Member Al Muratsuchi (D -66 -Torrance) on
February 20, 2014. Existing law provides that it is the policy of the state to promote and
encourage the use of solar energy systems and to limit obstacles to their use. Existing law states
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 non -discretionary
permit.
If enacted AB 2188 would require a city, county, or city and county to adopt, on or before
September 30, 2015, an ordinance that creates an expedited, streamlined permitting process for
small residential rooftop solar energy systems. The bill would require a permit for a small
residential solar energy system to be issued upon receipt of a completed application, without an
application review period. The bill would additionally mandate a city, county, or city and county
to inspect a small residential rooftop solar energy system eligible for expedited review within
five business days of any request and to perform only one inspection. The bill would prohibit a
city, county, or city and county from conditioning the approval of any solar energy system permit
on approval of that system by an association that manages a common interest development.
The City of Santa Clarita has two main concerns regarding AB 2188 related to health and safety
standards that may be easily overlooked due to the immediate approval of complete permit
applications and single inspection requirement for small residential rooftop solar energy systems.
AB 2188 would eliminate the review process for small residential rooftop solar energy system
permit applications and require a permit to be issued upon receipt of a completed application.
The City of Santa Clarita is already committed to quickly processing permits for small residential
rooftop solar energy systems. The City currently reviews and approves approximately 80 percent
of small residential rooftop solar energy system permits within 24 hours and 100 percent of
applications within 72 hours. The turnaround on permit review depends on application volume
and staff availability. Building & Safety staff estimates between 5 and 10 percent of permit
applications are not approved upon initial review. AB 2188 would require cities to provide those
seeking solar permits a higher level of service presently unavailable to all other permit seekers,
creating an unequal permit playing field.
AB 2188 would also eliminate the City of Santa Clarita's preferred two-stage inspection process
for small residential rooftop solar energy systems by forcing cities and counties to potentially
overlook shortcomings in solar permit applications or installations in order to comply with the
bill's single inspection requirement. The City's current inspection process for small residential
rooftop solar energy systems consists of an initial inspection of the structure's racking system to
verify that the system meets all building and safety codes for supporting the roof panels. Building
& Safety staff estimates that 50 percent of racking systems do not pass their first inspection. The
second inspection consists of a review of the solar panels and electrical components to verify that
the system meets all building and safety codes for electrical installations. Building & Safety staff
estimates that between 15 and 20 percent of small residential rooftop solar systems fail their final
inspection.
AB 2188 passed in the California State Assembly on March 27, 2014. It was heard before the
Senate Governance and Finance Committee on June 18, 2014. There are currently 52 local
governments who are formally opposed to AB 2188, in addition to many local government
organizations, including the League of California Cities.
The City Council Legislative Subcommittee met on June 2, 2014, and recommends that the City
Council adopt an "oppose" position for AB 2188.
ALTERNATIVE ACTIONS
1. Adopt a "Support" position on AB 2188
2. Take no position on AB 2188
3. Refer AB 2188 back to the Legislative Subcommittee
4. Other direction as determined by the City Councill
FISCAL IMPACT
No additional resources, beyond those contained within the adopted FY 13/14 City budget, are
required for implementation of the recommended action.
ATTACHMENTS
AB 2188, As Amended May 8, 2014
AMENDED IN ASSEMBLY MAY 8, 2014
AMENDED IN ASSEMBLY MAY 5, 2014
AMENDED IN ASSEMBLY APRIL 21, 2014
CALIFORNIA LEGISLATURE -2013-14 REGULAR SESSION
ASSEMBLY BILL No. 2188
Introduced by Assembly Member Muratsucbi
February 20, 2014
An act to amend Section 714 of the Civil Code, and to amend Section
65850.5 of the Government Code, relating to solar energy.
LEGISLATIVE COUNSEL'S DIGEST
AB 2188, as amended, Muratsuchi. Solar energy: permits.
(1) 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 states 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 a solar energy system
for heating water to be certified by the Solar Rating Certification
Corporation or another nationally recognized certification agency.
This bill would specify that these provisions address a statewide
concern. The bill would additionally require a city, county, or city and
county to adopt, on or before September 30, 2015, an ordinance that
creates an expedited, streamlined permitting process for small residential
rooftop solar energy systems, as specified. The bill would additionally
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require a city, county, or city and county to inspect a small residential
rooftop solar energy system eligible for expedited review within 5
business days of any request, as specified, and to perform only one
inspection, as specified. The bill would prohibit a city, county, or city
and county from conditioning the approval of any solar energy system
permit on approval of that system by an association that manages a
common interest development. The bill would require a solar energy
system for heating water to be certified by an accredited listing agency,
as defined.
(2) Existing law prohibits any covenant, restriction, or condition
contained in any deed, contract, security instrument, or other instrument
affecting the transfer or sale of, or any interest in, real property, and
any provision of a governing document from effectively prohibiting or
restricting the installation or use of a solar energy system. Existing law
exempts from that prohibition provisions that impose reasonable
restrictions on a solar energy system that do not significantly increase
the cost of the system or significantly decrease its efficiency or specified
performance. Existing law defines the term "significantly," for these
purposes, with regard to solar domestic water heating systems or solar
swimming pool heating systems that comply with state and federal law,
to mean an amount exceeding 20% of the cost of the system or
decreasing the efficiency of the solar energy system by an amount
exceeding 20%, and with regard to photovoltaic systems that comply
with state and federal law, an amount not to exceed $2,000 over the
system cost or a decrease in system efficiency of an amount exceeding
20%, as specified. Existing law requires a solar energy system for
heating water subject to the provisions described above to be certified
by the Solar Rating Certification Corporation or another nationally
recognized certification agency.
This bill would instead define the term "significantly," for these
purposes, with regard to solar domestic water heating systems or solar
swimming pool heating systems that comply with state and federal law,
to mean an amount exceeding 10% of the cost of the system, not to
exceed $1,000, or decreasing the efficiency of the solar energy system
by an amount exceeding 10%, and with regard to photovoltaic systems
that comply with state and federal law, an amount not to exceed $1,000
over the system cost or a decrease in system efficiency of an amount
exceeding 10%, as specified. The bill would require a solar energy
system for heating water subject to the provisions described above to
be certified by an accredited listing agency, as defined.
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(3) Existing law requires an application for approval for the
installation or use of a solar energy system to be processed and approved
by the appropriate approving entity in the same manner as an application
for approval of an architectural modification to the property and
prohibits the approver from willfully avoiding or delaying approval.
Existing law requires the approving entity to notify the applicant in
writing within 60 days of receipt of the application if the application is
denied, as specified.
The bill would instead require the approving entity to notify the
applicant in writing within 30 days of receipt of the application if the
application is denied, as specified.
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 no reimbursement is required by this act
for a specified reason.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State -mandated local program: yes.
The people of the State of California do enact as follows.
1 SECTION 1. The Legislature finds and declares all of the
2 following:
3 (a) In recent years, the state has both encouraged the
4 development of innovative distributed generation technology and
5 prioritized the widespread adoption of solar power as a renewable
6 energy resource through programs such as the California Solar
7 Initiative.
8 (b) Rooftop solar energy is a leading renewable energy
9 technology that will help this state reach its energy and
10 environmental goals.
11 (c) To reach the state's Million Solar Roofs goal, hundreds of
12 thousands of additional rooftop solar energy systems will need to
13 be deployed in the coming years.
14 (d) Various studies, including one by the Lawrence Berkeley
15 National Laboratory, show that, despite the 1978 California Solar
16 Rights Act, declaring that the "implementation of consistent
17 statewide standards to achieve the timely and cost-effective
18 installation of solar energy systems is not a municipal affair ... but
19 is instead a matter of statewide concern," the permitting process
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governing the installation of rooftop solar energy systems varies
widely across jurisdictions and, contrary to the intent of the law,
is both an "obstacle" to the state's clean energy and greenhouse
reduction goals and a "burdensome cost" to homeowners,
businesses, schools, and public agencies.
(e) The United States Department of Energy, through its SunShot
Initiative, has distributed millions of dollars in grants to local and
state governments, including California jurisdictions, and nonprofit
organizations to reduce the costs of distributed solar through
streamlined and standardized permitting.
(f) A modernized and standardized permitting process for
installations of small-scale solar distributed generation technology
on residential rooftops will increase the deployment of solar
distributed generation, help to expand access to lower income
households, provide solar customers greater installation ease,
improve the state's ability to reach its clean energy goals, and
generate much needed jobs in the state, all while maintaining safety
standards.
SEC. 2. Section 714 of the Civil Code is amended to read:
714. (a) Any covenant, restriction, or condition contained in
any deed, contract, security instrument, or other instrument
affecting the transfer or sale of, or any interest in, real property,
and any provision of a governing document, as defined in Section
4150 or 6552, that effectively prohibits or restricts the installation
or use of a solar energy system is void and unenforceable.
(b) This section does not apply to provisions that impose
reasonable restrictions on solar energy systems. However, it is the
policy of the state to promote and encourage the use of solar energy
systems and to remove obstacles thereto. Accordingly, reasonable
restrictions on a solar energy system are those restrictions that do
not significantly increase the cost of the system or significantly
decrease its efficiency or specified performance, or that allow for
an alternative system of comparable cost, efficiency, and energy
conservation benefits.
(c) (1) A solar energy system shall meet applicable health and
safety standards and requirements imposed by state and local
permitting authorities, consistent with Section 65850.5 of the
Government Code.
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(2) Every solar energy system for heating water shall be certified
by an accredited listing agency as defined in Section 65850.5 of
the Government Code.
(3) A solar energy system for producing electricity shall also
meet all applicable safety and performance standards established
by the National Electrical Code, the Institute of Electrical and
Electronics Engineers, and accredited testing laboratories such as
Underwriters Laboratories and, where applicable, rules of the
Public Utilities Commission regarding safety and reliability.
(d) For the purposes of this section:
(1) (A) For solar domestic water heating systems or solar
swimming pool heating systems that comply with state and federal
law, "significantly" means an amount exceeding 10 percent of the
cost of the system, but in no case more than one thousand dollars
($1,000), or decreasing the efficiency of the solar energy system
by an amount exceeding 10 percent, as originally specified and
proposed.
(B) For photovoltaic systems that comply with state and federal
law, "significantly" means an amount not to exceed one thousand
dollars ($1,000) over the system cost as originally specified and
proposed, or a decrease in system efficiency of an amount
exceeding 10 percent as originally specified and proposed.
(2) "Solar energy system" has the same meaning as defined in
paragraphs (1) and (2) of subdivision (a) of Section 801.5.
(e) (1) Whenever approval is required for the installation or
use of a solar energy system, the application for approval shall be
processed and approved by the appropriate approving entity in the
same manner as an application for approval of an architectural
modification to the property, and shall not be willfully avoided or
delayed.
(2) For an approving entity that is an association, as defined in
Section 4080 or 6528, and that is not a public entity, both of the
following shall apply:
(A) The approval or denial of an application shall be in writing.
(B) If an application is not denied in writing within 30 days
from the date of receipt of the application, the application shall be
deemed approved, unless that delay is the result of a reasonable
request for additional information.
(f) Any entity, other than a public entity, that willfully violates
this section shall be liable to the applicant or other party for actual
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1 damages occasioned thereby, and shall pay a civil penalty to the
2 applicant or other party in an amount not to exceed one thousand
3 dollars ($1,000).
4 (g) In any action to enforce compliance with this section, the
5 prevailing party shall be awarded reasonable attorney's fees.
6 (h) (1) A public entity that fails to comply with this section
7 may not receive funds from a state-sponsored grant or loan program
8 for solar energy. A public entity shall certify its compliance with
9 the requirements of this section when applying for funds from a
10 state-sponsored grant or loan program.
11 (2) A local public entity may not exempt residents in its
12 jurisdiction from the requirements of this section.
13 SEC. 3. Section 65850.5 of the Government Code is amended
14 to read:
15 65850.5. (a) The implementation of consistent statewide
16 standards to achieve the timely and cost-effective installation of
17 solar energy systems is not a municipal affair, as that term is used
18 in Section 5 of Article XI of the California Constitution, but is
19 instead a matter of statewide concern. It is the intent of the
20 Legislature that local agencies not adopt ordinances that create
21 unreasonable barriers to the installation of solar energy systems,
22 including, but not limited to, design review for aesthetic purposes,
23 and not unreasonably restrict the ability of homeowners and
24 agricultural and business concerns to install solar energy systems.
25 It is the policy of the state to promote and encourage the use of
26 solar energy systems and to limit obstacles to their use. It is the
27 intent of the Legislature that local agencies comply not only with
28 the language of this section, but also the legislative intent to
29 encourage the installation of solar energy systems by removing
30 obstacles to, and minimizing costs of, permitting for such systems.
31 (b) A city or county shall administratively approve applications
32 to install solar energy systems through the issuance of a building
33 permit or similar nondiscretionary permit. Review of the
34 application to install a solar energy system shall be limited to the
35 building official's review of whether it meets all health and safety
36 requirements of local, state, and federal law. The requirements of
37 local law shall be limited to those standards and regulations
38 necessary to ensure that the solar energy system will not have a
39 specific, adverse impact upon the public health or safety. However,
40 if the building official of the city or county makes a finding, based
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1 on substantial evidence, that the solar energy system could have
2 a specific, adverse impact upon the public health and safety, the
3 city or county may require the applicant to apply for a use permit.
4 (c) A city, county, or city and county may not deny an
5 application for a use permit to install a solar energy system unless
6 it makes written findings based upon substantial evidence in the
7 record that the proposed installation would have a specific, adverse
8 impact upon the public health or safety, and there is no feasible
9 method to satisfactorily mitigate or avoid the specific, adverse
10 impact. The findings shall include the basis for the rejection of
11 potential feasible alternatives of preventing the adverse impact.
12 (d) The decision of the building official pursuant to subdivisions
13 (b) and (c) may be appealed to the planning commission of the
14 city, county, or city and county.
15 (e) Any conditions imposed on an application to install a solar
16 energy system shall be designed to mitigate the specific, adverse
17 impact upon the public health and safety at the lowest cost possible.
18 (f) (1) A solar energy system shall meet applicable health and
19 safety standards and requirements imposed by state and local
20 permitting authorities.
21 (2) Every solar energy system for heating water shall be certified
22 by an accredited listing agency.
23 (3) A solar energy system for producing electricity shall meet
24 all applicable safety and performance standards established by the
25 National Electrical Code, the Institute of Electrical and Electronics
26 Engineers, and accredited testing laboratories such as Underwriters
27 Laboratories and, where applicable, rules of the Public Utilities
28 Commission regarding safety and reliability.
29 (g) On or before September 30, 2015, every city, county, or city
30 and county shall adopt an ordinance, consistent with the goals and
31 intent of subdivision (a), that creates an expedited, streamlined
32 permitting process for small residential rooftop solar energy
33 systems. In developing an expedited permitting process, the city,
34 county, or city and county shall adopt a checklist of all
35 requirements with which small rooftop solar energy systems shall
36 comply to be eligible for expedited review. if submitted during
37 business hours, an An application that meet the requirements in
38 the checklist shall be revoewed within 2 business �``�"a`deemed
39 approved upon receipt of the completed application submittal.4f
40 smubrnitted after besiness hours, an applieation that meet the
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reeleiretnettEt in t1te eheeklist shall be reviewed within 24 besiness
the —applieation. The checklist and required permitting
documentation shall be published on a publically accessible Internet
Web site and the city, county, or city and county shall allow for
electronic submittal of a permit application and associated
documentation, and shall authorize the electronic signature on all
forms, applications, and other documentation in lieu of a wet
signature by an applicant. In developing the ordinance, the city,
county, or city and county shall strive to conform with standardized
checklists based on existing statewide solar permitting guidelines
or best practices including those developed through the United
States Department of Energy's SunShot Initiative.
(h) For a small residential rooftop solar energy system eligible
for expedited review, only one inspection shall be required and
that one inspection shall be scheduled within -tae five business
days of a request, if the request is received during business hours.
If the request is received after business hours, the inspection shall
be scheduled withintwefive business days of the beginning of the
next business day after receipt of the request. If a city, county, or
city and county determines that it is unable to provide an inspection
withinfiae five business days of a request, the city, county, or city
and county may au+arize a third party inspeetion, using a qualified
hold a public hearing and adopt an
ordinance or resolution providing for a different time period or
different meansfor scheduling inspections. If the small residential
rooftop solar energy system fails inspection, a subsequent
inspection shall also conform to the requirements of this
subdivision.
(i) A city, county, or city and county shall not condition approval
for any solar energy system permit on the approval of a solar
energy system by an association, as that term is defined in Section
4080 of the Civil Code.
0) The following definitions apply to this section:
(1) "A feasible method to satisfactorily mitigate or avoid the
specific, adverse impact" includes, but is not limited to, any
cost-effective method, condition, or mitigation imposed by a city,
county, or city and county on another similarly situated application
in a prior successful application for a permit. A city, county, or
city and county shall use its best efforts to ensure that the selected
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method, condition, or mitigation meets the conditions of
subparagraphs (A) and (B) of paragraph (1) of subdivision (d) of
Section 714 of the Civil Code.
(2) "Accredited listing agency" means a standards or testing
organization that evaluates solar energy systems according to
specified, independent criteria and allows its mark to be used on
qualifying systems as a stamp of approval, such as the American
National Standards Institute or the American Association for
Laboratory Accreditation.
(3) "Electronic submittal" means the utilization any of the
following:
(A) Email.
(B) The Internet.
(C) Facsimile.
(4) "Small residential solar energy system" means all of the
following:
(A) A solar energy system that is no larger than 10 kilowatts
alternating current nameplate rating or 30 kilowatts thermal.
(B) A solar energy system that conforms to all applicable state
fire, structural, electrical, and other building codes as adopted or
amended by the city, county, or city and county and paragraph (3)
of subdivision (c) of Section 714 of the Civil Code.
(C) A solar energy system that is installed on a single or duplex
family dwelling.
(D) A solar panel or module array that does not exceed the
maximum legal building height.
(5) "Solar energy system" has the same meaning set forth in
paragraphs (1) and (2) of subdivision (a) of Section 801.5 of the
Civil Code.
(6) "Specific, adverse impact' means a significant, quantifiable,
direct, and unavoidable impact, based on objective, identified, and
written public health or safety standards, policies, or conditions
as they existed on the date the application was deemed complete.
SEC. 4. No reimbursement is required by this act pursuant to
Section 6 of Article XIIIB of the California Constitution because
a local agency or school district has the authority to levy service
charges, fees, or assessments sufficient to pay for the program or
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I level of service mandated by this act, within the meaning of Section
2 17556 of the Government Code.
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