Streamline Solar Permitting and Inspection Processes
Nicole Byrne, Kathryn Leidahl (authors), Darcie White, Sara Bronin, & Jonathan Rosenbloom (editors)INTRODUCTION
Local governments and communities are increasingly concerned about the effects of climate change and are turning to renewable energy sources, like solar energy.[1] For more information regarding solar easements and system protection from off-property shading, see Limiting Off Property Shading of Solar Energy Systems and Process to Resolve Tree Interference with Solar Access. To ensure solar energy systems follow engineering and safety standards, most local governments require a permit before installing solar energy or solar water heating systems.[2] Overly complex permit processes can be obstacles to implementing residential and commercial solar energy systems.[3] The granting of an installation permit is usually accompanied by an inspection to further ensure the systems are safe and consistent with adopted building codes.[4]
While the permitting and inspection process helps address public safety issues and helps local governments track the installation of solar energy systems, it can be costly and time-consuming, creating obstacles to growth in the solar market.[5] Legislation can vary greatly between jurisdictions, and unreasonable requirements can become a burden on local governments, installation contractors, and solar energy system owners.[6] Simplifying the solar energy permit process can alleviate the aforementioned burdens.
Local governments can help streamline the permitting and inspection process by creating legislation with a clear explanation of the process, simple applications, expedited reviews, and instituting a flat fee for permits, which reflect the actual costs.[7]
EFFECTS
Enacting legislation to streamline the permit and inspection process encourages the use of solar energy systems at the local level. Local governments, installation contractors, and owners can save significant time and money with the use of a simple, accessible, and standardized permit process.[8]
The use of solar panels as a renewable energy source can help reduce carbon emissions. By making solar energy affordable and easily accessible through standardized permitting systems, local governments encourage citizens to use and invest in solar energy. Having a complicated or overly burdensome permit process discourages companies and residents who might otherwise be willing to invest their time and capital in the installation of solar energy systems on their properties. Additionally, having an efficient inspection process is important to ensure that new panels are installed correctly and safely. Making this process easier for both owners and inspectors also reduces the overall cost and burden to installing solar energy systems.
EXAMPLES
Orange County, CA
The Orange County municipal code contains an ordinance which expedites and streamlines the permit process for small residential solar energy systems.[9] Each solar energy system must follow current safety and performance standards in order to receive a permit.[10] To expedite the process and increase accessibility, all necessary documents for the permit are available online and will be reviewed within three business days of submittal.[11] A Building Official is responsible for approving, denying, and issuing the submitted permits. [12] The Official has the discretion to deny the permit for any adverse health and safety risk the solar energy systems would have on the public.[13]
To view these provisions, see Orange County, CA Code of Ordinances § 7-1-81(d)(1) (2018).
Yuba County, CA
To qualify for Yuba County’s expedited solar energy system permit process, an individual must be a current California licensed contractor specialized in solar energy systems.[14] All application documents are available in person and online.[15] Expedited permit applicants take priority in the review process.[16] The Building Official is tasked with the responsibility of reviewing the applications and will implement a standardized checklist and plan to follow when approving applicants.[17] One inspection is required, which is generally performed by the Building Department the following business day after a permit request has been received.[18] If the application is incomplete, a written notice will be sent to the applicant detailing the deficiencies in the application and information on how to resubmit the application. [19]
To view these provisions, see Yuba County, CA Code of Ordinances § 10.10.300 (2018).
ADDITIONAL EXAMPLES
Rialto, CA Code of Ordinances § 15.05.060 (2017) (requiring all applications be made available online and clearly specifying procedures and requirements for obtaining a permit).
Pacifica, CA Code of Ordinances § 8-4.04 (2018) (requiring option for electronic submittal for applications for rooftop energy systems and prohibiting unreasonable restrictions on solar energy systems that increase the cost of the systems, decrease its efficiency or performance).
CITATIONS
[1] Damian Pitt, Taking the Red Tape Out of Green Power, (Dec. 7, 2018) https://perma.cc/UG5W-M9C3.
[2] U.S Dept. of Energy, Solar Power Your Community: A Guide for Local Government, 67, (2d ed., Jan. 2011) https://perma.cc/G2AS-6365.
[3] Colleen McCann Kettles, A Comprehensive Review of Solar Access Laws in the United States, Solar America Board for Codes and Standards, (Oct., 2008) https://perma.cc/MK3V-G6ZL.
[4] See supra note 2, at 67.
[5] Id.
[6] Id.
[7] Id, at 67-68.
[8] Id, at 68.
[9] Orange County, CA Code of Ordinances § 7-1-81(d)(1) (2018).
[10] Id. at § 7-1-81(d)(1).
[11] Id. at § 7-1-81(f)(1).
[12] Id. at § 7-1-81(f)(7).
[13] Id. at § 7-1-81(f)(3).
[14] Yuba County, CA Code of Ordinances § 10.10.300 (2018).
[15] Id.
[16] Id. at §10.10.320.
[17] Id.
[18] Id. at § 10.10.330(e).
[19] Id. at § 10.10.330(d).