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AB 2188: Streamlining Solar Permitting in Your City
June 30, 2015
Agenda
• Introduction
• AB 2188 and Solar Permitting Guidebook Overview
– Sachu Constantine, Center for Sustainable Energy
• AB 2188 Requirements and Compliance
– Joe Kaatz, Energy Policy Initiatives Center
• Q&A
AB 2188: Streamlining Solar Permitting in Your City
Welcome and AB 2188 Overview
June 30, 2015
Sachu Constantine, Director of Policy
• Independent nonprofit organization
• Our mission: Accelerating the transition to a sustainable world powered by clean energy
• Program management
• Training and education
• Technical assistance
Rooftop Solar Challenge: Golden State Solar Impact
• Permitting, inspection, and interconnection accounts for $1,100-$1,750 (NREL) to $2,500 (SunRun)
• PV installation delays as a result of permitting procedures average 3.5 weeks (SunRun) to 8 weeks (CPF)
• Many installers avoid operating in, on average, 3-4 cities each because of hurdles (NREL)
• California is home to 500+ jurisdictions
Permitting May Add Costs and Delays
• Partnership between CSE and the Governor’s Office of Planning and Research (OPR)
• Collaboration from Building officials, state agencies, and Industry
• Support Jurisdictions with limited resources
• Goal was to reduce cycle time and transaction costs for permitting authorities and solar installers while maintaining high quality and safety standards
Governor's Solar Permitting Task Force
Governor's Solar Permitting Task Force
• Governor’s Office of Planning and Research
• International Code Council
• California Public Utility Commission
• Sungevity
• California Building Officials
• CALSEIA
• California Energy Commission
• City of Chula Vista
• San Jose Fire Department
• Building Standards Commission
• California Building Industry Association
• Sunrun
• City of Fresno
• Division of the State Architect
• City of Walnut Creek
• City of Los Angeles
• Underwriters Laboratories
• Steel Framing Industry Association
• Optony, Inc.
• SolarCity
• City of Bakersfield
• Los Angeles County
• City of Elk Grove
• Brooks Engineering
• Contra Costa County
• City of San Francisco
• CalFire
• Dept. of Housing and Community Development
• State Fire Marshall
More than nine months of collaboration from 75 members representing over 60 organizations that include:
CSE’s AB 2188 Implementation Resources
• California Solar Permitting Guidebook
• Permitting Guidebook Toolkit
• AB 2188 Implementation Guide
• Streamlined Permitting Model Ordinance
• AB 2188 FAQ – July 2015
• Trainings & Webinars
• Free Technical Assistance
California Solar Permitting Guidebook
• Nine months of collaboration between the Governor’s office, building officials, local governments, state regulatory agencies, and solar companies
• Provides a roadmap for local governments to establish a streamlined permitting processes for small, solar rooftop systems
• Guidance on interpretation of codes and standards
• Toolkit documents for cities to streamline the permit process for small solar systems
www.energycenter.org/solarguidebook
Permitting Guidebook Toolkit
1. Eligibility checklist for PV systems ≤10 kW or ≤30 kWth for solar water heating systems
2. Simplified applicant submittal requirements
3. Standard electrical plans with fire access requirements (2)
4. Well-defined structural criteria for expedited permitting
5. An inspection reference guide
6. One bulletin with state codes for solar installations
AB 2188
Components:
• AB 2188 (Muratsuchi), signed by Governor in September 2014
• Mandates a standardized, streamlined solar permitting process statewide for small rooftop solar systems
• Cities must implement ordinance by September 30, 2015
Eligibility Criteria for Expedited
Permitting
Expedited Permitting Ordinance
Creation of an Expedited
Process
Inspection Process
Changes to HOA Approval Process
Expedited Permitting Ordinance
• The ordinance must be adopted by September 30, 2015.
• The ordinance must create an expedited, streamlined permitting process for small residential rooftop solar energy systems that substantially conform to the recommendations, standard plans, and checklists found in the current Solar Permitting Guidebook.
• The ordinance may modify the checklists and standards found in the Guidebook due to unique climactic, geological, seismological, or topographical conditions.
“The Qualifying Box”
• PV & SHW
• Less than 10 kW or 30 kWth (SHW)
• Rooftop installations
• String inverter, microinverter, or DC converter (PV)
• Complies with eligibility checklist
• Installed on a single or duplex family dwelling
• Over 10kW or 30 kWth • Ground mounted and large scale • Exceed max. building height as
defined by jurisdiction • Structural exceptions –
including: • Buildings in areas with
special wind or snow load areas
• Houses that weren’t built in compliance with building structural codes
90% of all installed systems 10% of all installed systems
AB 2188 Implementation Guide
• Prepared by Energy Policy Initiatives Center, University of San Diego School of Law
• Provides guidance for implementing AB 2188 in substantial conformance with the Guidebook
• Includes a model ordinance
http://energycenter.org/permitting/guidebook/implementation
Free Technical Assistance
CSE offers technical assistance to local jurisdictions and contractors
to adopt AB 2188 and the Guidebook
Email [email protected]
to submit your request
Solar Roadmap Tool
Source: SolarRoadmap.com
Website Resources
http://energycenter.org/permitting/guidebook
Sachu Constantine Director of Policy
Office: (510) 725-4768
AB 2188: Streamlined Solar Permitting
Joe Kaatz
EPIC Staff Attorney
June 30, 2015
AB 2188: Streamlining Solar Permitting in Your City
AB 2188 Requirements and Compliance
About EPIC
Academic and Research Center
• Based at University of San Diego School of Law
• Founded in 2005
Mission
• Educate law school students about energy law and policy • Conduct research and analysis on energy trends and
policy options • Educate the public and decision makers about energy
issues and policies
Legal Disclaimer: Presentation for Informational Purposes Only
Disclaimer: The materials included in this presentation are intended for informational purposes only and not for the purpose of providing legal advice for any particular case or matter. Use of or reliance on this material does not create an attorney-client relationship between the Energy Policy Initiatives Center and the recipient of the information. Individuals or entities should consult their own counsel before taking any action on any particular case or matter.
Access to Information and Documents
CSE: • http://energycenter.org/permitting/guidebook/implementation
EPIC: • http://www.sandiego.edu/law/centers/epic/reports-
papers/reports.php
Governor’s Office of Planning and Research: • http://www.opr.ca.gov/s_renewableenergy.php#A
Overview
1. Ordinance and Substantial Conformance to the California Solar Permitting Guidebook
2. Checklists, Standard Plans, and Bulletins
3. Submission
4. Review, Approval, and Denial
5. Inspection
6. Compliance and Enforcement
7. Additional Changes under the Law
AB 2188: Application and Purpose
• First state mandate that codifies a permitting process.
• Seeks to standardize and unify solar permitting for PV systems up to 10 kilowatts and solar water heating systems up to 30 kilowatts thermal under the Solar Rights Act.
• Substantial conformance requirement provides flexibility to local jurisdictions in complying with the law.
AB 2188: Two Aspects of Implementation
Must Comply with:
1. Clear Statutory Mandates.
2. Substantial Conformance to recommendations for expedited permitting from the most current version of California Solar Permitting Guidebook.
AB 2188: Small Solar Energy System Defined
Defines Small Solar Energy System as:
• A solar energy system that is no larger than 10 kW alternating current nameplate rating or 30 kWth.
• 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.
• A solar energy system that is installed on a single or duplex family dwelling.
• A solar panel or module array that does not exceed the maximum legal building height as defined by the authority having jurisdiction.
AB 2188: The Ordinance
AB 2188 (Muratsuchi, 2014)
• Amends Civil Code Section 714 and Government Code Section 65850.5 of the California Solar Rights Act
• Requires that local jurisdictions adopt an ordinance that creates an expedited, streamlined permitting process for small residential rooftop solar photovoltaic or water heater energy systems on or before September 30, 2015.
• Requires each city, county, or city and county to consult with the local fire department or district and the utility director, where a city, county, or city and county operate a utility, with regards to the adoption of the ordinance.
AB 2188: The Ordinance Continued
• Requires that a jurisdiction substantially conform its expedited, streamlined permitting process with the recommendations for expedited permitting, including the checklist and standard plans adopted by the Governor’s Office of Planning and Research in the most current California Solar Permitting Guidebook, in developing the ordinance.
AB 2188: Checklist, Standard Plans, and Bulletins
• Requires adoption of a checklist of all requirements that an applicant must comply with for a system to be eligible for expedited review.
• Requires publication of the checklist and other required permitting documents on a publicly accessible Internet Website, if one is available.
• Substantial Conformance: The checklist and standard plans adopted by a jurisdiction must substantially conform with the most current version of the California Solar Permitting Guidebook.
• The California Solar Permitting Guidebook provides a Submittal Requirement Bulletin, an Eligibility Checklist, Expedited Solar Standard Plan, Memorandum of Understanding, Structural Criteria, and Inspection Quick Reference Sheets as part of its toolkit.
Modification of Checklist and Standards Plan
• A city, county, or city and county may adopt an ordinance that modifies the checklist and standards found in the Guidebook due to unique climatic, geological, seismological, or topographical conditions.
• Substantial conformance: Such modifications must
substantially conform to the recommendations for expedited permitting.
AB 2188: Submission
Solar Rights Act Requires an administrative non-discretionary permit process. In terms of submission, the amendment:
• Requires that a city, county, or city and county allow electronic submittal, as defined by Government Code Section 65850.5(j)(2), of a permit application and associated documentation.
• Defines electronic submittal as the utilization of one or more of the following:
• Email • The Internet • Facsimile
AB 2188: Submission Continued
Submission:
• Requires the authorization of electronic signature on all forms, applications, and other documentation in lieu of a wet signature.
• If a city, county, or city and county cannot authorize an electronic signature, the reason for the inability to accept electronic signatures must be included in the ordinance. This removes the statutory requirement of authorizing electronic signatures.
• The California Solar Permitting Guidebook also provides that a
jurisdiction allow online fee payment where the capability exists.
AB 2188: Review, Approval, and Denial
The amendment:
• Requires approval of all necessary permits or authorization for small solar systems by an administrative review process consistent with both Government Code Section 65850.5(b) and the adopted ordinance where the city, county, or city and county confirms that an application is complete and meets the requirements of the checklist.
• Requires issuance of a written correction notice detailing all deficiencies in the application and any additional information required to be eligible for the expedited permit issuance if an application is deemed incomplete.
AB 2188: Review, Approval, and Denial Continued
• Denial of an Application must be in writing and based upon a finding of substantial evidence in the record that there would be a specific, adverse impact on public health or safety with no feasible method to satisfactorily mitigate.
• Requires that a city, county, or city and county shall use its best efforts to ensure that the selected 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 defining reasonable restriction.
• Mandates that a City, County, or City and County cannot require any solar energy system applicant to obtain approval from an association (such as an HOA) as a condition to approving a permit application.
AB 2188: Review, Approval, and Denial Continued
Substantial Conformance:
• The Guidebook recommends the use of “over-the-counter” or same day plan review and permit issuance or automatic approval through on-line software.
• The Guidebook also provides a maximum 1-3 day timeframe for review and approval or denial where “over-the-counter” approval is not available.
• Coordination between local building departments and other agencies, such as local fire departments, is encouraged through Memorandum of Understandings that consolidate application review and system inspection.
AB 2188: Inspection
• Mandates that only one inspection shall be required. The inspection must be performed in a timely manner and may include a consolidated inspection.
• Eliminated pre-inspection and rough inspection.
• A separate fire safety inspection may be performed where an agreement with the local fire authority to conduct a fire safety inspection does not exist.
• Authorizes a subsequent inspection if a system fails inspection. The subsequent inspection need not conform to the requirements of this statutory subdivision.
AB 2188: Inspection Continued
Substantial Conformance to the California Solar Permitting Guidebook includes:
• A single final inspection coordinated among the various agencies, or for inspections by the agencies to occur at the same time. Typically this involves coordination between the building department and the local fire authority.
• Use of a concise inspection checklist that provides permit applicants a clear understanding of what elements of the solar installation will be inspected before final approval of the installation.
AB 2188: Inspection Continued
Substantial Conformance continued:
• Enable inspection requests to be submitted online or electronically.
• Provide for on-site inspection during the next business day after notification that the solar system has been installed or within five days if an inspection cannot occur on the next business day.
• Provide a scheduling time window for on-site inspection of no more than two hours, and utilize phone and/or e-mail communication to provide information on anticipated inspection time.
AB 2188: Inspection Continued
Substantial Conformance continued:
• The most streamlined permit process also ensures close coordination between the local enforcing agency and the local utility to coordinate on-site inspections in the most time efficient manner possible.
AB 2188: Compliance and Enforcement
• Failure to comply with Civil Code Section 714 subjects a public entity to the possibility of not receiving funds from a state-sponsored grant or loan program for solar energy (Civil Code Section 714(h)(1)).
• A public entity also must certify its compliance with Civil Code Section 714 when applying for funds from a state-sponsored grant or loan program (Civil Code Section 714(h)(1)).
• Government Code Section 65850.5(j)(1) in the amended language further requires a city, county, or city and county to use its best efforts to ensure that any method, condition, or mitigation imposed on an applicant to avoid an adverse impact complies with the language of Civil Code Section 714(d)(1)(A)-(B) that defines “significantly” to determine what is and is not a reasonable restriction.
AB 2188: Additional Changes Continued
• Requires that solar energy systems for heating water be certified by an accredited listing agency as defined by the California Plumbing and Mechanical Code (Government Code Section 65850.5(f)(2).
• Changes the applicable health and safety standards governing solar energy systems for producing electricity from the “National Electrical Code” to the “California Electrical Code” (Government Code Section 65850.5(f)(3).
Contact Information
Joe Kaatz
EPIC Staff Attorney
Email: [email protected]
Phone: 619-260-4600 x 2870
AB 2188: Streamlining Solar Permitting in Your City
Question & Answer
June 30, 2015
