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SB 379 · 2021-22

Requires automated online permits for home solar

Official subject Residential solar energy systems: permitting.

Became law Chapter 356, Statutes of 2022

Plain-language summary

Requires cities and counties to use an online, automated platform that issues permits in real time for home solar systems up to 38.4 kilowatts and paired batteries. Larger places must comply by September 2023 and smaller cities by September 2024. Very small cities and counties are exempt. Local governments must report compliance to the Energy Commission.

How these summaries are written

Subject changed

This bill originally dealt with University of California health facility contracts; it was rewritten to cover home solar permitting.

Official summary · Legislative Counsel's Digest

Describes the final version (Chaptered, Sept. 16, 2022).

Read the official summary (11 paragraphs)

Existing law requires a city or county to approve administratively applications to install solar energy systems through the issuance of a building permit or similar nondiscretionary permit. Existing law requires every city, county, or city and county to develop a streamlined permitting process for the installation of small residential rooftop solar energy systems, as that term is defined. Existing law prescribes and limits permit fees that a city or county may charge for a residential and commercial solar energy system. Existing law creates the State Energy Resources Conservation and Development Commission (Energy Commission) in the Natural Resources Agency and prescribes its duties, which include administering programs for the installation of solar energy systems.

This bill would require every city, county, or city and county to implement an online, automated permitting platform that verifies code compliance and issues permits in real time or allows the city, county, or city and county to issue permits in real time for a residential solar energy system, as defined, that is no larger than 38.4 kilowatts alternating current nameplate rating and a residential energy storage system, as defined, paired with a residential solar energy system that is no larger than 38.4 kilowatts alternating current nameplate rating.

This bill would prescribe a compliance schedule for satisfying these requirements, which would exempt a city with a population of fewer than 5,000 and a county with a population of fewer than 150,000, including each city within that county. The bill would require a city with a population of 50,000 or fewer that is not otherwise exempt to satisfy these requirements by September 30, 2024, while cities, counties, and cities and counties with populations greater than 50,000 that are not otherwise exempt would be required to satisfy the requirements by September 30, 2023. The bill would require a city, county, or city and county to report to the Energy Commission when it is in compliance with specified requirements, in addition to other information. The bill would require cities, counties, and cities and counties to self-certify their compliance with the bill’s provisions when applying for specified funds from the Energy Commission, as specified.

This bill would require the Energy Commission to set guidelines, adopted through a specified public process, for cities, counties, and cities and counties to report to the commission on the number of permits issued for residential solar energy systems and residential energy storage systems paired with residential solar energy systems and the relevant characteristics of those systems. The bill would make related findings and declarations.

The Administrative Procedure Act generally governs the procedure for the adoption, amendment, or repeal of regulations by state agencies and for the review of those regulatory actions by the Office of Administrative Law.

This bill would exempt the guidelines from the Administrative Procedures Act.

This bill would expressly apply to charter cities.

By increasing the duties of local officials, this bill would impose a state-mandated local program.

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.

The bill would include findings that changes proposed by this bill address a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities, including charter cities.

Official title

An act to add Section 65850.52 to the Government Code, relating to land use.

Timeline

  1. Feb. 10, 2021 Introduced
  2. Jan. 24, 2022 Passed Senate 31 yes, 1 no
  3. Aug. 18, 2022 Passed Assembly 64 yes, 7 no
  4. Aug. 30, 2022 Enrolled and sent to the Governor
  5. Sept. 16, 2022 Signed by the Governor
  6. Sept. 16, 2022 Chaptered (became law)
Full official history (51 actions)
  1. Feb. 10, 2021 Introduced: Introduced. Read first time. To Com. on RLS. for assignment. To print.
  2. Feb. 11, 2021 From printer. May be acted upon on or after March 13.
  3. Feb. 17, 2021 Referred to Coms. on ED. and HEALTH.
  4. Feb. 22, 2021 (Ayes 32. Noes 4.)
  5. Feb. 22, 2021 Joint Rule 55 suspended. (Ayes 32. Noes 4. Page 272.)
  6. Feb. 22, 2021 Art. IV. Sec. 8(a) of the Constitution dispensed with.
  7. March 1, 2021 Set for hearing March 17.
  8. March 7, 2021 From committee with author's amendments. Read second time and amended. Re-referred to Com. on ED.
  9. March 17, 2021 From committee: Do pass and re-refer to Com. on HEALTH. (Ayes 5. Noes 2. Page 668.) (March 17). Re-referred to Com. on HEALTH.
  10. March 19, 2021 Set for hearing April 7.
  11. March 22, 2021 April 7 hearing postponed by committee.
  12. April 8, 2021 From committee with author's amendments. Read second time and amended. Re-referred to Com. on HEALTH.
  13. April 9, 2021 Set for hearing April 21.
  14. April 22, 2021 From committee: Do pass and re-refer to Com. on APPR. (Ayes 9. Noes 2. Page 876.) (April 21). Re-referred to Com. on APPR.
  15. April 30, 2021 Set for hearing May 10.
  16. May 4, 2021 From committee with author's amendments. Read second time and amended. Re-referred to Com. on APPR.
  17. May 10, 2021 May 10 hearing: Placed on APPR suspense file.
  18. May 14, 2021 Set for hearing May 20.
  19. May 20, 2021 May 20 hearing: Held in committee and under submission.
  20. Dec. 28, 2021 Set for hearing January 6 in GOV. & F. pending receipt.
  21. Jan. 3, 2022 From committee with author's amendments. Read second time and amended. Re-referred to Com. on APPR.
  22. Jan. 3, 2022 Withdrawn from committee.
  23. Jan. 3, 2022 Re-referred to Com. on RLS.
  24. Jan. 3, 2022 Re-referred to Coms. on GOV. & F. and E., U. & C.
  25. Jan. 5, 2022 Set for hearing January 10 in E., U. & C. pending receipt.
  26. Jan. 6, 2022 From committee: Do pass and re-refer to Com. on E., U. & C. (Ayes 3. Noes 1. Page 2727.) (January 6). Re-referred to Com. on E., U. & C.
  27. Jan. 11, 2022 From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 11. Noes 1. Page 2739.) (January 10).
  28. Jan. 12, 2022 Read second time and amended. Re-referred to Com. on APPR.
  29. Jan. 14, 2022 Set for hearing January 18.
  30. Jan. 18, 2022 January 18 hearing: Placed on APPR suspense file.
  31. Jan. 19, 2022 Set for hearing January 20.
  32. Jan. 20, 2022 From committee: Do pass. (Ayes 5. Noes 0. Page 2794.) (January 20).
  33. Jan. 20, 2022 Read second time. Ordered to third reading.
  34. Jan. 24, 2022 Passed Senate: Read third time. Passed. (Ayes 31. Noes 1. Page 2804.) Ordered to the Assembly.
  35. Jan. 24, 2022 In Assembly. Read first time. Held at Desk.
  36. May 5, 2022 Referred to Coms. on L. GOV. and U. & E.
  37. May 31, 2022 From committee with author's amendments. Read second time and amended. Re-referred to Com. on L. GOV.
  38. June 16, 2022 From committee: Do pass as amended and re-refer to Com. on U. & E. (Ayes 6. Noes 1.) (June 15).
  39. June 20, 2022 Read second time and amended. Re-referred to Com. on U. & E.
  40. June 29, 2022 Coauthors revised.
  41. June 29, 2022 From committee: Do pass and re-refer to Com. on APPR. (Ayes 12. Noes 0.) (June 29). Re-referred to Com. on APPR.
  42. Aug. 3, 2022 August 3 set for first hearing. Placed on suspense file.
  43. Aug. 11, 2022 From committee: Do pass as amended. (Ayes 13. Noes 2.) (August 11).
  44. Aug. 15, 2022 Read second time and amended. Ordered to second reading.
  45. Aug. 16, 2022 Read second time. Ordered to third reading.
  46. Aug. 18, 2022 Passed Assembly: Read third time. Passed. (Ayes 64. Noes 7. Page 5942.) Ordered to the Senate.
  47. Aug. 18, 2022 In Senate. Concurrence in Assembly amendments pending.
  48. Aug. 23, 2022 Assembly amendments concurred in. (Ayes 33. Noes 3. Page 5022.) Ordered to engrossing and enrolling.
  49. Aug. 30, 2022 Enrolled and sent to the Governor: Enrolled and presented to the Governor at 3 p.m.
  50. Sept. 16, 2022 Signed by the Governor: Approved by the Governor.
  51. Sept. 16, 2022 Chaptered (became law): Chaptered by Secretary of State. Chapter 356, Statutes of 2022.