Policy

What does AB 2188 (Muratsuchi) do to Streamline Rooftop Solar Permitting in California?

 

AB 2188 requires local governments to adopt a solar ordinance by September 30, 2015 creating a streamlined permitting process that conforms to best practices for expeditious and efficient permitting of small residential rooftop solar systems.

By improving the efficiency of solar permitting statewide, AB 2188 will help lower the cost of solar installations and further expand the accessibility of solar to more California homeowners who want to control their electricity bills and generate their own clean energy. In addition, making solar energy more affordable will help the state reach its renewable energy and greenhouse gas reduction goals, and create more local jobs.


 

Minimum Eligibility Criteria for Expedited Permitting

  • A solar energy system no larger than 10 kW ac or 30 kW thermal.
  • A solar energy system installed on a single or duplex family dwelling. 
  • A solar panel or module array does not exceed the maximum legal building height.

Expedited Permitting Ordinance

  • The ordinance must be adopted on, or before, September 30, 2015 by every city and county in California.
  • The ordinance must create an expedited, streamlined permitting process for solar PV and solar thermal systems consistent with the goals and intent of the California Solar Rights Act and must “substantially conform” with the recommendations, standard plans, and checklists found in the most updated draft version (bottom of page) of the Office of Planning and Research’s Solar Permitting Guidebook (“the Guidebook”).
  • The local fire departments or districts and the municipal utility director, if appropriate, shall have opportunity to consult with the city or county in developing the ordinance.
  • The expedited permitting process includes the permit paperwork and review process as well as the inspection. 

Improving the Permitting Process  

  • The city or county must adopt a checklist of all requirements with which small rooftop solar energy systems shall comply to be eligible for expedited review, as well as a standard plan and submittal documents necessary for expedited permit review. AB 2188 points cities and counties toward the checklists and plans found in the Guidebook and requires that they “substantially conform” with the guidebook while allowing for modifications “due to unique climactic, geological, seismological, or topographical conditions”.
  • AB 2188 stipulates that, once the city or county confirms that the application and supporting documents are complete and meet the requirements of the checklist, all required permits or authorizations be issued. Best practices dictate this review process take less than 24 hours and not more than three days.
  • AB 2188 DOES NOT require permits be processed online, though the use of online permitting is a best practice. AB 2188 DOES require that the checklist and permitting documentation be published on a publically accessible Web site (assuming the city or county has a Web site), and that the city or county allows for electronic submittal (Web, email, or fax) of a permit application and associated documentation.
  • AB 2188 requires that cities and counties allow for electronic signatures on all forms, applications, and other documentation in lieu of a wet signature, unless they are unable to accept electronic signatures in which case they must state the reasons for the inability in the ordinance. 

Improving the Inspection Process

  • AB 2188 mandates that only one inspection be required for installations eligible for expedited review. AB 2188 thereby prohibits pre-inspections or rough inspections. 
  • Fire departments or districts are encouraged to sign MOUs with their local cities and counties but retain the right to perform their own safety inspection of solar systems if there is no signed MOU.
  • Inspections are to be done in a timely manner and according to best practices, which include scheduling an inspection within 24 hours of request, or no later than five days.

Changes to HOA Approval Process

Separate from the permitting process for cities and counties, AB 2188 also provides for some tightening of the Homeowner Association (HOA) approval process. 

  • AB 2188 reduces the ability for HOAs to increase the cost of a solar system or decrease the system’s efficiency with the following changes:
  • Lowers HOA allowable impact on the cost of solar hot water system from 20% to 10%, or not more than $1,000, and the efficiency of a system from 20% to 10%. 
  • Lowers HOA impact on solar PV systems from $2,000 to $1,000 or a decrease in efficiency from 20% to 10%.
  • Shortens the number of days, from 60 to 45, that an applicant, seeking HOA approval, must wait for a written denial of a proposed plan.

 

 

Net Energy Metering (NEM)

NEM Grandfathering
  • CPUC Proposed Decision on NEM Transition Period
  • CALSEIA Opening Comments on NEM Transition Period
  • CALSEIA Reply Comments on NEM Transition Period
  • CALSEIA Supplemental Reply Comments on NEM Transition Period
  • Letter from Solar Companies
  • Letter from Customer Generators
  • Letter from Agricultural Interests
  • Press Release on Delivery of Petition
NEM Aggregation
  • CPUC Ruling on PG&E NEM Aggregation Tariff
  • PG&E NEM Aggregation Tariff
  • CALSEIA Protest of SCE & SDG&E Proposed Tariffs
  •  SDG&E Supplemental Advice Letter
  • SCE Advice Letter
  • SCE Supplemental Advice Letter

NEM and Storage
  • CALSEIA & SEIA Joint Reply Comments
  • CPUC Request for Comments on Battery Safety

Rates

Residential Rate Structure
  • PG&E Revised 2014 Residential Rate Change Proposal
  • SCE Revised 2014 Residential Rate Change Proposal
  • SDG&E Revised 2014 Residential Rate Change Proposal
  • CALSEIA & Efficiency First Protest to IOU Initial 2014 Residential Rate Change Proposals
  • CPUC Staff Proposal for 2015-2018 Residential Rates
PG&E Commercial Rates
PG&E 2014 General Rate Case Application

SDG&E Commercial Rates
SDG&E Annual Rate Design Proposal for 2014
SCE Commercial Rates
  • SCE Annual Rate Design Proposal for 2014
  • CALSEIA Protest of SCE Rate Design Proposal for 2014

Solar Water Heating

  • CPUC Review of CSI-Thermal Program
  • CPUC 2012 Decision Increasing CSI-Thermal Incentive Levels
  • CALSEIA 2012 Petition to Modify CSI-Thermal Incentive Levels

Permitting

 

Storage

  • CALSEIA & SEIA Joint Reply Comments
  • CPUC Request for Comments on Battery Safety

New Solar Homes

 

Codes & Standards

 

CCA

 

Shared Solar

  • PG&E Community Solar Proposal
  • SCE Green Tariff Proposal
  • SB 43
  • SDG&E 2012 Share the Sun Proposal

Tax Credits & Exemptions

 

California Solar Statistics

 

HOA's

 

Misc.

 CALSEIA Comments on RPS Eligibility Guidebook

 

CALSEIA Regulatory Filings

 


Net Energy Metering (NEM)

NEM 2.0

Public Tool Reply Comments - October 20, 2014

Public Tool Comments - October 1, 2014

Comments on the NEM 2.0 Order Instituting Rulemaking - August 26, 2014

Comments on NEM Guiding Principles - May 30, 2014

 
NEM Grandfathering

Reply Comments on Proposed Decision - March 17, 2014

Comments on Proposed Decision - March 12, 2014

Supplemental Reply Comments on NEM Transition Period - January 6, 2014

Reply Comments on NEM Transition Period - December 23, 2013

Opening Comments on NEM Transition Period - December 13, 2013

 
NEM Aggregation

Comments on Proposed Resolution - June 23, 2014

Protest of SCE & SDG&E Proposed Tariffs - January 21, 2014

 

Rates

Residential Rate Structure

Reply Brief - January 26, 2015

Opening Brief - January 5, 2015

Testimony - September 15, 2014

Comparison of 2014 Rate Change Proposals - April 11, 2014

Pre-Hearing Statement on Residential Rate Change Proposals - March 10, 2014

 
PG&E Commercial Rates

A-6 Reply Brief - November 21, 2014

A-6 Opening Brief - November 3, 2014

A-6 Testimony - September 19, 2014

 
SDG&E Commercial Rates

2014 Rate Design Window Reply Brief - February 26, 2015

2014 Rate Design Window Opening Brief - February 12, 2015

Testimony - November 14, 2014

Protest to SDG&E Annual Rate Design Proposal - March 7, 2014

 
SCE Commercial Rates

Protest of SCE Proposal to Reallocate CSI Funds - March 27, 2014

Option R Testimony - June 30, 2014

Protest of SCE Rate Design Proposal for 2014 - January 27, 2013

 

Solar Water Heating

Comments on Cap and Trade Proceeding - February 27, 2015

Comments on Cap and Trade Proposed Settlement - August 25, 2014

Comments on Cap and Trade Scoping Memo - August 15, 2014

Petition to Modify CSI-Thermal Incentive Levels - July 23, 2014

Letter to CPUC on Pools Program - May 6, 2014

Comments on CARB Scoping Plan - April 28, 2014

Reply Comments on Pools Program - May 31, 2013

Comments on Pools Program - May 22, 2013

 

Other Issues

MASH

Reply Comments on Proposed Decision - January 12, 2015

Comments on Proposed Decision - January 5, 2015

Reply Comments on Staff Report - August 1, 2014

Comments on Staff Report - July 22, 2014

 
Storage

SGIP Budget Comments on the Proposed Decision - November 24, 2014

SGIP Budget ACR Reply Comments - October 20, 2014

SGIP Budget ACR Comments - October 15, 2014

Reply Comments on Storage and NEM Proposed Decision - May 12, 2014

Opening Comments on Storage and NEM Proposed Decision - May 5, 2014

Reply Comments on Storage and NEM ACR - November 8, 2013

Comments on Storage and NEM ACR - November 1, 2013

 
Grid Modernization

Comments on the Distribution Resources Planning Draft Guidance - December 12, 2014

Comments on the Distribution Resources Planning OIR - September 5, 2014

Comments on Draft Smart Inverter Advice Letters - August 18, 2014

 
Community Solar

Pre-Hearing Conference Statement - February 17, 2015

Reply Comments on Proposed Decision - January 26, 2015

Comments on Proposed Decision - January 20, 2015

 
Data

Comments on Solar Statistics Proposed Decision - September 2, 2014

Customer Data Access Comments - April 7, 2014

Reply Comments on Solar Statistics Database - September 16, 2013

Comments on Solar Statistics Database - September 9, 2013

 

Misc.

 CALSIEA Comments on RPS Eligibility Guidebook

 

 

Shared Solar

Ruling Establishing Phase 3

SCE Updated Enhanced Renewables Proposal

PG&E Community Solar Proposal

SCE Original Green Tariff Proposal

SB 43

SDG&E 2012 Share the Sun Proposal

 

 
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