Renewable Energy in California

California has ambitious plans for renewable energy. 33% of electricity in the state must come from renewable energy by 2020. Governor Brown’s "Clean Energy Jobs Plan" includes a goal of 12,000 megawatts of "distributed" or local renewable energy generation from smaller systems, of up to 20 megawatts capacity. Local renewable energy generation has the greatest value for the electric system when it is located in areas where capacity to meet existing electricity demand is constrained. The California Independent System Operator identifies these "Local Capacity Requirement Areas" and they are shown on maps, under "Local Reliability Areas with Transmission Lines and Substations for 2011." 

The California Public Utilities Commission has directed the investor-owned utilities to implement several programs to purchase electricity from distributed renewable energy systems, including the Renewable Auction Mechanism (projects up to 20 megawatt capacity), Feed-In Tariff program (which will expand from up to 1.5 megawatt projects to 3 megawatt projects in 2012), and the utility Photovoltaic Solar programs. These programs will lead to a substantial increase in applications to local governments for renewable energy system permits.

Building Permits for Solar Energy Systems

Statutes and Legislation 

Solar Rights Act (Government Code 65850.5): The Act bars restrictions on defined solar systems for aesthetic reasons. It provides that:

  • a city or county shall administratively approve solar energy systems;
  • local standards are limited to those necessary to ensure there are no specific, adverse impacts on public health or safety;
  • a use permit may be required if there is a good faith belief a system could have an adverse impact on public health or safety;
  • a permit denial must be based on findings that there is no feasible method to mitigate a specific, adverse impact on public health or safety.

SB 226: One of the components of this law is that solar energy systems (photovoltaic and solar hot-water) on existing rooftops and existing parking lots are exempt from the California Environmental Quality Act.

Resources

  • The American Planning Association’s Planning Advisory Service (PAS) released “Planning and Zoning for Solar Energy” (October 2011), which provides an extensive collection of sample ordinances on solar access, solar siting, and solar energy systems large and small, along with background articles and examples of how communities are adding solar provisions to their comprehensive plans. This packet is available to all as part of APA's participation in the Solar America Communities Outreach Partnership.
  • The Solar America Board for Codes and Standards (SolarABCs) has issued an Expedited Permit Process for PV Systems - A Standardized Process for the Review of Small-Scale PV Systems
  • The State Fire Marshall has issued the Solar Photovoltaic Installation Guideline (for rooftop solar systems) to provide the solar photovoltaic industry and local building departments with information that will aid in the design, review, approval, and construction of rooftop solar photovoltaic systems.
  • The 2010 Energy Aware Facility Siting and Permitting Guide was issued by the California Energy Commission. This guide assists local governments with developing general plan energy and transmission elements and provides guidance on electricity generation and transmission planning and permitting. The guide presents opportunities for local government involvement in electricity infrastructure planning and permitting and provides examples of local government energy planning tools and best practices related to the involvement in generation and transmission planning and permitting.
  • Oregon Model Ordinance for Energy Projects, Oregon Department of Energy (July 2005).
  • The US Department of Energy Solar America Communities project is committed to developing a sustainable solar infrastructure that removes market barriers and encourages the adoption of solar energy by residents and businesses in local communities. The objective is to develop comprehensive approaches that lay the foundation for a viable solar market and provide a model for communities throughout the United States. The DOE has developed resources to assist local governments and stakeholders in building sustainable local solar markets.

Local Renewable Energy Facility Permitting

Statewide Model County Ordinance: The California County Planning Directors Association developed a Model Solar Energy Facility Permit Streamlining Ordinance, Model Renewable Energy Combining Zone Ordinance, and Solar Energy Facility Permit Streamlining Guide.

Several counties have adopted ordinances to govern processing renewable energy facilities, including:

  • San Diego County Amendment to Ordinance Related to Small, Medium and Large Wind Turbine Systems (No. 10073), and Solar Energy Ordinance (No. 10072)
  • Santa Clara County Ordinance For Commercial Solar Energy Conversion Systems (NS-1200.331)
  • Yolo County adopted an ordinance to govern review of small and medium sized solar energy facilities on September 27, 2011 (see Attachment A to agenda) and adopted an ordinance for large/very large solar energy facilities on October 11, 2011 (see Attachment A to agenda).
  • Inyo County adopted an ordinance that provides for renewable energy permits, or alternatively, a renewable energy development agreement.
  • San Luis Obispo County has an ordinance that governs all electric generating facilities, including solar and wind.  (County Code Title 22, Land Use Ordinance, Article 4, Chapter 22.32)
  • Alameda County is considering adopting policies for solar energy development in rural areas.

Counties may use a “combining district” ordinance for renewable energy projects.

CEQA Review/Notification to the Public Utilities Commission (PUC):  Some local renewable projects include interconnection equipment that will become the property of the electric utility. For the investor-owned utilities, this triggers the need for PUC approval of these equipment upgrades.  In doing its review, the PUC will rely on the CEQA analysis conducted by the local government if it determines that the local review was adequate.  Therefore, local governments should designate the PUC as a responsible agency that receives all CEQA notices for the project, so the PUC has the opportunity to participate.

Note: If you have a proposed or adopted renewable energy facility ordinance to post here, please contact OPR

Programs for Installing Solar Systems on Buildings (including parking lots)

Solar Group Buy Programs

  • SunShares Model – this program was originated by City of San Jose; Bay Area Climate Collaborative used the San Jose model to develop guidance and tools for other local governments and private businesses to establish solar group buy programs for their employees
  • California School Boards Association – Solar Schools Program
  •  Joint Venture Silicon Valley’s  Purchasing Power: Best Practices Guide to Collaborative Solar Procurement (2011 World Resources Institute/Joint Venture Silicon Valley)
  • Open Neighborhoods Solar Program -- Santa Monica/Los Angeles area
  • Residential Solar Group Buy Guide – US Dept. of Energy, Solar America Communities Program
  • Solar Master Plans for Public Schools – KyotoUSA and the National Renewable Energy Laboratory have completed  Solar Master Plans for the Berkeley, Oakland and West Contra Costa School Districts.  These plans provide a roadmap for other school districts or local governments to follow to methodically evaluate the potential for solar systems at their facilities.

Rebates for Installing Solar Systems

New Residences:

Existing Residences: 

PACE (Property Assessed Clean Energy) – Renewable Energy System Financing

A way for local governments to finance energy efficiency and renewable energy systems on private buildings using municipal bonds or other funds; the loan is secured and is repaid on the property tax bill, and the repayment obligation runs with the land. 

Existing PACE Programs:

Many other cities and counties plan to establish PACE programs, but are delayed by a dispute with Fannie Mae and Freddie Mac. Federal legislation is proposed to resolve the issues, and litigation is also underway. For updates on PACE, please see this website.