Statewide Solar Permitting Standards

B. 1132 of 2023 extended the expiration date for the permit fee limitations from January 1, 2025 to January 1, 2034. Permit Fee LimitationsTwo bills signed in 2012 (AB 1801 and SB 1222) place limits on the fees that cities, counties, cities and counties, and charter cities can charge for a solar permit. CA Government Code § 65850.55 specifies that a local government cannot base the fee for a solar permit on the value of the solar system or the value of the property on which the system will be installed. It also requires the local government to separately identify every fee charged on the invoice provided to the applicant. CA Government Code § 66015 restricts a city, county, city and county, or charter city from charging more for a solar permit than the estimated reasonable cost of providing the service for which the fee is charged. The law further provides specific limits on the dollar amount local governments may charge for a permit: Residential photovoltaic systems: $450, plus $15 for every kilowatt (kW) over 15 kWResidential solar thermal systems: $450, plus $15 for every kilowatt thermal (kWth) over 10 kWth Commercial photovoltaic systems: $1,000 for systems up to 50 kW, plus $7 for every kW between 51 kW and 250 kW, plus $5 for every kW over 250 kWCommercial solar thermal systems: $1,000 for systems up to 30 kWth, plus $7 for every kW between 30 kWth and 260 kWth, plus $5 for every kWth over 260 kWth The law gives local governments the ability to exceed these cost limits by resolution or ordinance if they provide substantial evidence of the reasonable cost to issue the permit, and meet other criteria. Expedited Permitting AB 2188 (CA Government Code § 65850.5) of September 2014 required all city, county, and city and county governments to adopt an ordinance 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 must provide a checklist of all requirements for small rooftop solar energy systems to comply with to be eligible for expedited review. SB 379 (CA Government Code § 65850.52) of September 2023 required all city, county, and city and county governments to implement an online, automated permitting platform, such as SolarAPP+. The platform must be capable of verifying code compliance and issuing permits in real time or allow the jurisdiction to issue permits in real time to a licensed contractor for a residential solar energy system that is no larger than 38.4 kilowatts and a residential energy storage system paired with a residential solar energy system that is no larger than 38.4 kilowatts. A city with a population of fewer than 5,000 and a county with a population of fewer than 150,000 is exempt from this requirement.