Section 17959.1 Of Chapter 4. Application And Scope From California Health And Safety Code >> Division 13. >> Part 1.5. >> Chapter 4.
17959.1
. (a) A city or county shall administratively approve
applications to install solar energy systems though the issuance of a
building permit or similar nondiscretionary permit. However, if the
building official of the city or county has a good faith belief that
the solar energy system could have a specific, adverse impact upon
the public health and safety, the city or county may require the
applicant to apply for a use permit.
(b) A city or county may not deny an application for a use permit
to install a solar energy system unless it makes written findings
based upon substantial evidence in the record that the proposed
installation would have a specific, adverse impact upon the public
health or safety, and there is no feasible method to satisfactorily
mitigate or avoid the specific, adverse impact. This finding shall
include the basis for the rejection of potential feasible
alternatives of preventing the adverse impact.
(c) Any conditions imposed on an application to install a solar
energy system must be designed to mitigate the specific, adverse
impact upon the public health and safety at the lowest cost possible.
(d) (1) A solar energy system shall meet applicable health and
safety standards and requirements imposed by state and local
permitting authorities.
(2) A solar energy system for heating water shall be certified by
the Solar Rating Certification Corporation (SRCC) or other nationally
recognized certification agency. SRCC is a nonprofit third party
supported by the United States Department of Energy. The
certification shall be for the entire solar energy system and
installation.
(3) A solar energy system for producing electricity shall meet all
applicable safety and performance standards established by the
National Electrical Code, the Institute of Electrical and Electronics
Engineers, and accredited testing laboratories such as Underwriters
Laboratories and, where applicable, rules of the Public Utilities
Commission regarding safety and reliability.
(e) The following definitions apply to this section:
(1) "A feasible method to satisfactorily mitigate or avoid the
specific, adverse impact" includes, but is not limited to, any cost
effective method, condition, or mitigation imposed by a city or
county on another similarly situated application in a prior
successful application for a permit. A city or county shall use its
best efforts to ensure that the selected method, condition, or
mitigation meets the conditions of subparagraphs (A) and (B) of
paragraph (1) of subdivision (d) of Section 714 of the Civil Code.
(2) "Solar energy system" has the meaning set forth in paragraphs
(1) and (2) of subdivision (a) of Section 801.5 of the Civil Code.
(3) A "specific, adverse impact" means a significant,
quantifiable, direct, and unavoidable impact, based on objective,
identified, and written public health or safety standards, policies,
or conditions as they existed on the date the application was deemed
complete.