California Statewide Rule
California Solar Permits Streamlined Statewide by SB 379 and AB 2188
Key Facts
- Statutes
- Gov 65850.5; Civ 714
- SB 379
- Automated permits required
- Aesthetic bans
- Preempted
- Fee caps
- Statutory limits apply
Summary
California's Solar Rights Act and the SolarAPP+ mandate (SB 379) require expedited permit review of small residential solar systems, preempting restrictive local processes.
(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.
Full Breakdown
California broadly preempts local solar permitting barriers. Government Code section 65850.5 (the Solar Rights Act, expanded by AB 2188 in 2014) requires every city and county to adopt an ordinance creating an expedited, streamlined permit review process for small residential rooftop solar systems, with checklists posted online and prohibitions on requiring association approval prior to permit issuance. SB 379 (2022) goes further by requiring cities and counties of certain sizes to implement an automated permitting platform such as SolarAPP+ by specified deadlines. Civil Code section 714 (the Solar Rights Act provisions) voids restrictions in CC&Rs that significantly increase cost or decrease efficiency of solar systems. Cities may impose only health and safety requirements, not aesthetic bans.
Violations & Penalties
Non-streamlined cities can be challenged by applicants. Permit fee caps under Government Code 65850.55 limit solar charges. CC&R restrictions inconsistent with Civil Code 714 are void and unenforceable.
Frequently Asked Questions
Can my California city deny a residential solar permit on aesthetic grounds?
What is SolarAPP+ and is my city required to use it?
Sources
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