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HomeMy WebLinkAboutItem 4.11 Small Residential Solar System Permit or 19 82 STAFF REPORT CITY CLERK ` CITY COUNCIL File #440-50 DATE: July 21, 2015 TO: Honorable Mayor and City Councilmembers FROM: Christopher L. Foss, City Manager " SUBJECT: Adoption of an Ordinance Establishing a Streamlined ermitting Process for Small Residential Rooftop Solar Systems (AB 2188) Prepared by Gregory A. Shreeve Sr., Chief Building Official and Roxanna Recinos-Serna, Plan Check Engineer EXECUTIVE SUMMARY: California Government Code Section 65850.5 (enacted by Assembly Bill 2188), requires that, on or before September 30, 2015, local governments adopt an ordinance that creates a streamlined permitting process for small rooftop solar system installations. FINANCIAL IMPACT: The fiscal impact of the ordinance should be minimal. The City will mostly likely see a small increase in expenditures in the printing of plan sets for electronically submitted applications. There is also a potential for an increase in postage costs, if the City mails plans and permits to the Applicant after the approval of an electronically submitted permit. This and any other increases could be offset with an electronic submittal surcharge or an increase in the amount of the permit fees. No action is requested at this time; Staff will review the costs during the next fee study and provide any recommendations for modifying the fees at that time. RECOMMENDATION: Staff recommends that the City Council waive the first reading and introduce an ORDINANCE adding Chapter 7.96 (Streamlined Permitting Process for Small residential Rooftop Solar Systems) to the Dublin Municipal Code and provide direction on permit subsidies. Submitted By 'Reviewed By Community Development Director Assistant City Manager DESCRIPTION: Page 1 of 3 ITEM NO. 4.11 Government Code Section 65850.5 requires the City to adopt an ordinance creating an expedited, streamlined permitting process for small residential rooftop solar energy systems. Under the State requirement, small residential rooftop solar energy systems are defined as solar energy systems that: (1) are no larger than 10 kilowatts alternating current in the case of photovoltaic or "PW electric generating systems, or are no larger than 30 kilowatts thermal in the case of water heating systems; (2) conform to all applicable state fire, structural, electrical and other building codes adopted by the local authority; (3) are installed on a single-family or duplex-family dwelling; and (4) do not exceed the maximum legal building height as defined by the local authority. The proposed ordinance is intended to satisfy that requirement. The ordinance codifies the requirements of Section 65850.5(g)(1), such as accepting and approving applications electronically, directing the City's Chief Building Official to develop a checklist of all requirements with which small rooftop solar energy systems shall comply to be eligible for expedited review, and authorizing the Chief Building Official to administratively approve such applications. The Building and Safety Division Staff already provides a process for expedited over-the- counter reviews of applications for small residential rooftop solar systems. Currently, Applicants may reference the Residential Photovoltaic Systems Plans Submittal Checklist, which is available on the Building Division's website. Provided all the submitted information is complete, Staff reviews the application and plans, and then issues the permit over-the-counter. The process for Staff to review the application and plans, and either approve the application and issue the permit or provide comments on the application, takes about 15 minutes. The City's quick review process exceeds the timing requirements set by the State for expediting these applications. After the installation of the system is complete, a single, final inspection is scheduled to verify the system has been installed according to the approved plans. The City already provides next day inspection services. Contractors can also contact the inspector the morning of the inspection to get an estimated time for the inspector's arrival. In fiscal year 2015, the City processed 286 small residential solar system permits. Approximately 98% of these permits were processed over-the-counter or on the same day. Solar systems for heating water in residential applications are far less common (nor are they particularly common in commercial and swimming pool applications). Over the last five fiscal years, the City has only issued four permits for solar water systems for single-family residences, all of which were reviewed and issued over-the-counter. Once this ordinance is fully implemented, the City will offer three methods to submit a residential solar permit application. Each method has a different processing time. • Option 1: If the Applicant uses the City's current checklist, review and processing of the permit application will remain over-the-counter. • Option 2: If the Applicant uses the checklist and plans contained in the California Solar Permitting Guidebook, the review will take one to three business days. • Option 3: If the Applicant does not use either option 1 or 2, the review will go through the normal plan check process, and review may take up to ten business days. Page 2 of 3 State law also mandates that the City accept some form of electronic submission of small residential rooftop solar permit applications. In order to satisfy this mandate, Staff is developing a method that will allow for the acceptance and review of such applications through email. An Applicant will be able to electronically transfer (via email) the permit application, plans and all required documentation to the City for processing. The Applicant will be notified when the permit is approved and will be notified how to pay for the permit. Staff is working on a process that will allow for payment of the fees through our on-line portal. Permit Costs: Currently, the City subsidizes all residential solar system permits. In 2006, the City Council set a maximum fee for solar permits at $250, without any adjustments. The approximate true cost to the City for a Solar Photovoltaic Permit is $342. This set amount currently results in a subsidy of$92 per permit. For Solar Pool Heating Permits, the City charges $100 while the true cost is approximately $156. In Fiscal Year 2014/2015, the City issued 286 photovoltaic permits and zero solar pool heating permits, for a total subsidy of $26,312. As part of the City Council's direction on long term fiscal sustainability, Staff will be evaluating this subsidy, as well as other subsidies provided for services and will make recommendations on which subsidies to discontinue in the coming months. The Building & Safety Division is currently providing expedited review and has a current handout. Staff is working on the creation of the new checklists and plans required by the guidebook. In addition, Staff is developing procedures for acceptance of electronic submittals of permit application and related documents. NOTICING REQUIREMENTS/PUBLIC OUTREACH: In advance of the City Council item, Staff held a Contractor roundtable meeting on June 29, 2015. Notices of that meeting were sent to the residential solar companies that have obtained permits over the last 12 months. Two solar companies attended and provided positive input on the current over the-counter-process. A notice of the meeting was mailed to the attendees of the contractor roundtable. ATTACHMENTS: 1. Ordinance of the City Council of the City of Dublin adding Chapter 7.96 to the Dublin Municipal Code Adopting a Streamlined Process for Small Residential Rooftop Solar Systems 2. Copy of AB 2188 as Chaptered Page 3 of 3 ORDINANCE NO. XX -15 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DUBLIN *************** ADDING CHAPTER 7.96 TO THE DUBLIN MUNICIPAL CODE TO PROVIDE AN EXPEDITED, STREAMLINED PERMITTING PROCEDURE FOR SMALL RESIDENTIAL ROOFTOP SOLAR SYSTEMS WHEREAS, the City Council recognizes the importance of"green technology"; and, WHEREAS, the City Council wishes to continue promoting green building and alternative energy measures; and WHEREAS, it is the policy of the State of California to promote and encourage the installation and use of solar energy systems by limiting obstacles to their use and by minimizing the permitting costs of such systems; and WHEREAS, California Government Code section 65850.5 requires that, on or before September 30, 2015, every city, county, or city and county shall adopt an ordinance that creates an expedited, streamlined permitting process for small residential rooftop solar energy systems. WHEREAS, the City Council seeks to implement Government Code section 65850.5 by creating an expedited, streamlined permitting process for small residential rooftop solar energy systems. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DUBLIN DOES ORDAIN AS FOLLOWS: SECTION 1. Chapter 7.96, "Streamlined Permitting Process for Small Residential Rooftop Solar Systems," is hereby added to the Dublin Municipal Code to read in its entirety as follows: CHAPTER 7.96 STREAMLINED PERMITTING PROCESS FOR SMALL RESIDENTIAL ROOFTOP SOLAR SYSTEMS 7.96.010 Purpose The purpose of the chapter is to provide an expedited, streamlined solar permitting process that complies with the Solar Rights Act and AB 2188 (Chapter 521, Statutes 2014, CA Government Code Section 65850.5) in order to achieve timely and cost-effective installations of small residential rooftop solar energy systems. This chapter allows the city to achieve these goals while protecting the public health and safety. 7.96.020 Definitions For the purpose of this Chapter, the following terms shall have the following definitions: "Electronic submittal" means the utilization of e-mail or such other electronic submittal process as approved by the Building Official. "Reasonable restrictions on a solar energy system" means 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. "Significantly increase the cost of the system or significantly decrease its efficiency of specified performance" means: A. For Water Heater Systems or Solar Swimming Pool Heating Systems: an increase in the cost of the system as, originally proposed, exceeding the lesser of ten percent (10%) or one thousand dollars ($1,000), or a decrease in the efficiency of the solar energy system, as originally proposed, exceeding ten percent (10%). B. For Photovoltaic Systems: an increase in the cost of the system as originally proposed exceeding one thousand dollars ($1,000), or a decrease in the efficiency of the solar energy system, as originally proposed, exceeding ten percent (10%). "Small residential rooftop solar energy system" means a system that satisfies all of the following requirements: 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, and all state and City health and safety standards. C. A solar energy system that is installed on a single or two family dwelling. D. A solar panel or module array that does not exceed the maximum legal building height as defined by the City. Solar Energy System means either of the following: A. Any solar collector or other solar energy device whose primary purpose is to provide for the collection, storage, and distribution of solar energy for space heating, space cooling, electric generation, or water heating. B. Any structural design feature of a building, whose primary purpose is to provide for the collection, storage, and distribution of solar energy for electricity generation, space heating or cooling, or for water heating. 7.96.030 Application A. This chapter applies to the permitting of all small residential rooftop solar energy systems in the City. B. Small residential rooftop solar energy systems legally established or permitted prior to the effective date of the ordinance codified in this chapter are not subject to the requirements of this chapter unless physical modifications or alterations are undertaken that materially change the size, type, or components of a small rooftop energy system in such a way as to require new permitting. Routine operation and maintenance shall not require a permit. 7.96.040 Solar Energy System Requirements A. All solar energy systems shall meet applicable health and safety standards and requirements imposed by the state and the City. B. Solar energy systems for heating water in single-family residences and for heating water in commercial or swimming pool applications shall be certified by an accredited listing agency as defined by the California Plumbing and Mechanical Codes. C. Solar energy systems for producing electricity shall meet all applicable safety and performance standards established by the California 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. 7.96.050 Applications and Documents A. All documents required for the submission of an expedited solar energy system application shall be made available on the City website. B. Electronic submittal of the required permit application and documents shall be made available to all small residential rooftop solar energy system permit applicants. C. The City's Building and Safety Division shall maintain a standard plan and checklist of all requirements with which small residential rooftop solar energy systems shall comply to be eligible for expedited review. D. The small residential rooftop solar system permit process, standard plan(s), and checklist(s) shall substantially conform to recommendations for expedited permitting, including the checklist and standard plans contained in the most current version of the California Solar Permitting Guidebook adopted by the Governor's Office of Planning and Research. E. All fees prescribed for the permitting of small residential rooftop solar energy systems must comply with Government Code Section 65850.55, Government Code Section 66015, Government Code Section 66016, and State Health and Safety Code Section 17951 7.96.060 Applicant Verification Prior to submitting an application, the applicant shall: A. Verify to the applicant's reasonable satisfaction through the use of standard engineering evaluation techniques that the support structure for the small residential rooftop solar energy system is stable and adequate to transfer all wind, seismic, and dead and live loads associated with the system to the building foundation; and B. At the applicant's cost, verify to the applicant's reasonable satisfaction using standard electrical inspection techniques that the existing electrical system including existing line, load, ground and bonding wiring as well as main panel and subpanel sizes are adequately sized, based on the existing electrical system's current use, to carry all new photovoltaic electrical loads. 7.96.070 Permit Review and Inspection Requirements A. The Building and Safety Division shall give an application for a small residential rooftop solar energy system, meeting the requirements of the checklist, priority review. B. An application that satisfies the information requirements in the checklist, as determined by the Building Official, shall be deemed complete. Upon receipt of an incomplete application, the Building Official shall issue a written correction notice detailing all deficiencies in the application and any additional information required to be eligible for expedited permit issuance. C. When an applicant uses electronic submittal, the electronic signature of the applicant on all forms, applications and other documentation may be used in lieu of a wet signature. D. Review of the application shall be limited to the Building Official's review of whether the application meets local, state, and federal health and safety requirements. E. If an application is deemed incomplete, a written correction notice detailing all deficiencies in the application and any additional information or documentation required to be eligible for expedited permit issuance shall be sent to the applicant for resubmission. F. Upon confirmation by the Building Official of the application and supporting documentation being complete and meeting the requirements of the checklist, the Building Official shall administratively approve the application and issue all required permits or authorizations. Such approval does not authorize an applicant to connect the small residential rooftop energy system to the local utility provider's electricity grid. The applicant is responsible for obtaining such approval or permission from the local utility provider. G. Only one inspection shall be required and performed by the Building and Safety Division for small residential rooftop solar energy systems eligible for expedited review. Once an applicant informs the Building and Safety Division that such a solar energy system has been installed, the Building and Safety Division shall complete the inspection as soon as practical. H. If a small residential rooftop solar energy system fails the inspection, a reinspection fee shall be charged and a subsequent inspection is authorized. I. The inspection shall be done in a timely manner and shall include consolidated inspections. However, a subsequent inspection, if required, need not conform to the requirements of this subdivision. SECTION 2. Savings Clause. All code provisions, ordinances, and parts of ordinances in conflict with the provisions of this chapter are repealed. The provisions of this chapter, insofar as they are substantially the same as existing code provisions relating to the same subject matter shall be construed as restatements and continuations thereof and not as new enactments. With respect, however, to violations, rights accrued, liabilities accrued, or appeals taken, prior to the effective date of this ordinance, under any chapter, ordinance, or part of an ordinance shall be deemed to remain in full force for the purpose of sustaining any proper suit, action, or other proceedings, with respect to any such violations, right, liability or appeals. SECTION 3. Severability. If any subdivision, paragraph, sentence, clause, or phrase of this ordinance is, for any reason, held to be invalid or unenforceable by a court of competent jurisdiction, such invalidity or unenforceability shall not affect the validity or enforcement of the remaining portions of this ordinance, or any other provisions of the City's rules and regulations. It is the City's express intent that each remaining portion would have been adopted irrespective of the fact that any one or more subdivisions, paragraphs, sentences, clauses, or phrases be declared invalid or unenforceable. SECTION 4. Effective date and posting of Ordinance. This ordinance shall take effect and be in force thirty (30) days from and after the date of its passage. This ordinance shall be published in accordance with the provisions of Government Code Section 36933. PASSED, APPROVED AND ADOTPTED this day of , 20157 by the following vote: AYES: NOES: ABSENT: ABSTAIN: Mayor ATTEST: City Clerk 2457993.1 �2 LEGISLATIVE INFORMATION .:,..,. AB-2188 Solar energy: permits. (2013-2014) Assembly Bill No.2188 CHAPTER 521 An act to amend Section 714 of the Civil Code, and to amend Section 65850.5 of the Government Code, relating to solar energy. [ Approved by Governor September 21, 2014. Filed with Secretary of State September 21, 2014. LEGISLATIVE COUNSEL'S DIGEST AB 2188, 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, in consultation with specified public entities an ordinance that creates an expedited, streamlined permitting process for small residential rooftop solar energy systems, as specified. The bill would additionally require a city, county, or city and county to inspect a small residential rooftop solar energy system eligible for expedited review in a timely manner, 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 in single family residences and solar collectors for heating water in commercial or swimming pool applications to be certified by an accredited listing agency, as defined, Because the bill would impose new duties upon local governments and local agencies, it would impose a state- mandated local program. (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 in single family residences and solar collectors for heating water in commercial or swimming pool applications subject to the provisions described above to be certified by an accredited listing agency, as defined. (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 45 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 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) In recent years, the state has both encouraged the development of innovative distributed generation technology and prioritized the widespread adoption of solar power as a renewable energy resource through programs such as the California Solar Initiative, (b) Rooftop solar energy is a leading renewable energy technology that will help this state reach its energy and environmental goals. (c)To reach the state's Million Solar Roofs goal, hundreds of thousands of additional rooftop solar energy systems will need to be deployed in the coming years. (d) Various studies, including one by the Lawrence Berkeley National Laboratory, show that, despite the 1978 California Solar Rights Act, declaring that the"implementation of consistent statewide standards to achieve the timely and cost-effective installation of solar energy systems is not a municipal affair ... but is instead a matter of statewide concern," the permitting process 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. (2) Solar energy systems used for heating water in single family residences and solar collectors used for heating water in commercial or swimming pool applications shall be certified by an accredited listing agency as defined in the Plumbing and Mechanical Codes. (3)A solar energy system for producing electricity shall also meet all applicable safety and performance standards established by the California 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 45 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 damages occasioned thereby, and shall pay a civil penalty to the applicant or other party in an amount not to exceed one thousand dollars ($1,000), (g) In any action to enforce compliance with this section, the prevailing party shall be awarded reasonable attorney's fees. (h) (1) A public entity that fails to comply with this section may not receive funds from a state-sponsored grant or loan program for solar energy. A public entity shall certify its compliance with the requirements of this section when applying for funds from a state-sponsored grant or loan program, (2)A local public entity may not exempt residents in its jurisdiction from the requirements of this section. SEC.3. Section 65850,5 of the Government Code is amended to read: 65850.5. (a)The implementation of consistent statewide standards to achieve the timely and cost-effective installation of solar energy systems is not a municipal affair, as that term is used in Section 5 of Article XI of the California Constitution, but is instead a matter of statewide concern. It is the intent of the Legislature that local agencies not adopt ordinances that create unreasonable barriers to the installation of solar energy systems, including, but not limited to, design review for aesthetic purposes, and not unreasonably restrict the ability of homeowners and agricultural and business concerns to install solar energy systems. It is the policy of the state to promote and encourage the use of solar energy systems and to limit obstacles to their use. It is the intent of the Legislature that local agencies comply not only with the language of this section, but also the legislative intent to encourage the installation of solar energy systems by removing obstacles to, and minimizing costs of, permitting for such systems. (b)A city or county shall administratively approve applications to install solar energy systems through the issuance of a building permit or similar nondiscretionary permit, Review of the application to install a solar energy system shall be limited to the building official's review of whether it meets all health and safety requirements of local, state, and federal law. The requirements of local law shall be limited to those standards and regulations necessary to ensure that the solar energy system will not have a specific, adverse impact upon the public health or safety. However, if the building official of the city or county makes a finding, based on substantial evidence, that the solar energy system could have a specific, adverse impact upon the public health and safety, the city or county may require the applicant to apply for a use permit, (c)A city, county, or city and county may not deny an application for a use permit to install a solar energy system-unless-it makes written findings based upon__substantial evidence in the record that the proposed installation would have a specific, adverse impact upon the public health or safety, and there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact. The findings shall include the basis for the rejection of potential feasible alternatives of preventing the adverse impact, (d)The decision of the building official pursuant to subdivisions (b) and (c) may be appealed to the planning commission of the city, county, or city and county, (e)Any conditions imposed on an application to install a solar energy system shall be designed to mitigate the specific, adverse impact upon the public health and safety at the lowest cost possible. (f) (1)A solar energy system shall meet applicable health and safety standards and requirements imposed by state and local permitting authorities, (2) Solar energy systems for heating water in single family residences and solar collectors used for heating water in commercial or swimming pool applications shall be certified by an accredited listing agency as defined in the California Plumbing and Mechanical Codes. (3) A solar energy system for producing electricity shall meet all applicable safety and performance standards established by the California 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. (g) (1) On or before September 30, 2015, every city, county, or city and county, in consultation with the local fire department or district and the utility director, if the city, county, or city and county operates a utility, shall adopt an ordinance, consistent with the goals and intent of subdivision (a), that creates an expedited, streamlined permitting process for small residential rooftop solar energy systems. In developing an expedited permitting process, the city, county, or city and county shall adopt a checklist of all requirements with which small rooftop solar energy systems shall comply to be eligible for expedited review. An application that satisfies the information requirements in the checklist, as determined by the city, county, and city and county, shall be deemed complete, Upon confirmation by the city, county, or city and county of the application and supporting documents being complete and meeting the requirements of the checklist, and consistent with the ordinance, a city, county, or city and county shall, consistent with subdivision (b), approve the application and issue all required permits or authorizations. Upon receipt of an incomplete application, a city, county, or city and county shall issue a written correction notice detailing all deficiencies in the application and any additional information required to be eligible for expedited permit issuance, (2)The checklist and required permitting documentation shall be published on a publically accessible Internet Web site, if the city, county, or city and county has an 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 substantially conform its expedited, streamlined permitting process with the recommendations for expedited permitting, including the checklists and standard plans contained in the most current version of the California Solar Permitting Guidebook and adopted by the Governor's Office of Planning and Research, A city, county, or city and county may adopt an ordinance that modifies the checklists and standards found in the guidebook due to unique climactic, geological, seismological, or topographical conditions. If a city, county, or city and county determines that it is unable to authorize the acceptance of an electronic signature on all forms, applications, and other documents in lieu of a wet signature by an applicant, the city, county, or city and county shall state, in the ordinance required under this subdivision, the reasons for its inability to accept electronic signatures and acceptance of an electronic signature shall not be required. (h) For a small residential rooftop solar energy system eligible for expedited review, only one inspection shall be required, which shall be done in a timely manner and may include a consolidated inspection, except that a separate fire safety inspection may be performed in a city, county, or city and county that does not have an agreement with a local fire authority to conduct a fire safety inspection on behalf of the fire authority. If a small residential rooftop solar energy system fails inspection, a subsequent inspection is authorized, however the subsequent inspection need not 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. (j)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 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)"Electronic submittal"means the utilization of one or more of the following: (A) Email, (B)The Internet, (C) Facsimile. (3)"Small residential rooftop 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 as defined by the authority having jurisdiction. (4)"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. (5)"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 XIII B 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 level of service mandated by this act, within the meaning of Section 17556 of the Government Code.