AB 2188: Streamlining Solar Permitting in Your City. June 30, 2015

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1 AB 2188: Streamlining Solar Permitting in Your City June 30, 2015

2 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

3 AB 2188: Streamlining Solar Permitting in Your City Welcome and AB 2188 Overview June 30, 2015 Sachu Constantine, Director of Policy

4 Independent nonprofit organization Our mission: Accelerating the transition to a sustainable world powered by clean energy Program management Training and education Technical assistance

5 Rooftop Solar Challenge: Golden State Solar Impact

6 Permitting May Add Costs and Delays 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

7 Governor's Solar Permitting Task Force 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

8 Governor's Solar Permitting Task Force More than nine months of collaboration from 75 members representing over 60 organizations that include: 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

9 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

10 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

11 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

12 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 Eligibility Criteria for Expedited Permitting Creation of an Expedited Process Expedited Permitting Ordinance Inspection Process Cities must implement ordinance by September 30, 2015 Changes to HOA Approval Process

13 Expedited Permitting Ordinance The ordinance must be adopted by September 30, 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.

14 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

15 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

16 Free Technical Assistance CSE offers technical assistance to local jurisdictions and contractors to adopt AB 2188 and the Guidebook to submit your request

17 Solar Roadmap Tool Source: SolarRoadmap.com

18 Website Resources

19 Sachu Constantine Director of Policy Office: (510)

20 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

21 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

22 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.

23 Access to Information and Documents CSE: EPIC: Governor s Office of Planning and Research:

24 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

25 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.

26 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.

27 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.

28 AB 2188: The Ordinance AB 2188 (Muratsuchi, 2014) Amends Civil Code Section 714 and Government Code Section 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, 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.

29 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.

30 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.

31 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.

32 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 (j)(2), of a permit application and associated documentation. Defines electronic submittal as the utilization of one or more of the following: The Internet Facsimile

33 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.

34 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 (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.

35 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.

36 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.

37 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.

38 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.

39 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 communication to provide information on anticipated inspection time.

40 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.

41 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 statesponsored 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 (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.

42 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 (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 (f)(3).

43 Contact Information Joe Kaatz EPIC Staff Attorney Phone: x 2870

44 AB 2188: Streamlining Solar Permitting in Your City Question & Answer June 30, 2015