California 2013-2014 Regular Session Status: Enacted 1 D cosponsors

AB 2188 — Solar energy: permits.

Last action — Chaptered by Secretary of State - Chapter 521, Statutes of 2014.

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Assembly
  4. ✓
    Passed Senate
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced February 20, 2014. Enacted.

Prognosis

Likely to advance 72% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 1 sponsor

    1 primary, 0 co-sponsors signed on.

  • Single-party support

    Sponsorship is currently within one party (1 D).

  • Cleared a recorded vote

    Passed 6 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

(1) Existing law provides that it is the policy of the state to promote and encourage the use of solar energy systems, as defined, and to limit obstacles to their use. Existing law states that the implementation of consistent statewide standards to achieve timely and cost-effective installation of solar energy systems is not a municipal affair, but is instead a matter of statewide concern. Existing law requires a city or county to administratively approve applications to install solar energy systems through the issuance of a building permit or similar nondiscretionary permit. Existing law requires a solar energy system for heating water to be certified by the Solar Rating Certification Corporation or another nationally recognized certification agency. This bill would specify that these provisions address a statewide concern. The bill would additionally require a city, county, or city and county to adopt, on or before September 30, 2015, in consultation with specified public entities an ordinance that creates an expedited, streamlined permitting process for small residential rooftop solar energy systems, as specified. The bill would additionally require a city, county, or city and county to inspect a small residential rooftop solar energy system eligible for expedited review in a timely manner, as specified. The bill would prohibit a city, county, or city and county from conditioning the approval of any solar energy system permit on approval of that system by an association that manages a common interest development. The bill would require a solar energy system for heating water in single family residences and solar collectors for heating water in commercial or swimming pool applications to be certified by an accredited listing agency, as defined. Because the bill would impose new duties upon local governments and local agencies, it would impose a state-mandated local program. (2) Existing law prohibits any covenant, restriction, or condition contained in any deed, contract, security instrument, or other instrument affecting the transfer or sale of, or any interest in, real property, and any provision of a governing document from effectively prohibiting or restricting the installation or use of a solar energy system. Existing law exempts from that prohibition provisions that impose reasonable restrictions on a solar energy system that do not significantly increase the cost of the system or significantly decrease its efficiency or specified performance. Existing law defines the term "significantly," for these purposes, with regard to solar domestic water heating systems or solar swimming pool heating systems that comply with state and federal law, to mean an amount exceeding 20% of the cost of the system or decreasing the efficiency of the solar energy system by an amount exceeding 20%, and with regard to photovoltaic systems that comply with state and federal law, an amount not to exceed $2,000 over the system cost or a decrease in system efficiency of an amount exceeding 20%, as specified. Existing law requires a solar energy system for heating water subject to the provisions described above to be certified by the Solar Rating Certification Corporation or another nationally recognized certification agency. This bill would instead define the term "significantly," for these purposes, with regard to solar domestic water heating systems or solar swimming pool heating systems that comply with state and federal law, to mean an amount exceeding 10% of the cost of the system, not to exceed $1,000, or decreasing the efficiency of the solar energy system by an amount exceeding 10%, and with regard to photovoltaic systems that comply with state and federal law, an amount not to exceed $1,000 over the system cost or a decrease in system efficiency of an amount exceeding 10%, as specified. The bill would require a solar energy system for heating water in single family residences and solar collectors for heating water in commercial or swimming pool applications subject to the provisions described above to be certified by an accredited listing agency, as defined. (3) Existing law requires an application for approval for the installation or use of a solar energy system to be processed and approved by the appropriate approving entity in the same manner as an application for approval of an architectural modification to the property and prohibits the approver from willfully avoiding or delaying approval. Existing law requires the approving entity to notify the applicant in writing within 60 days of receipt of the application if the application is denied, as specified. The bill would instead require the approving entity to notify the applicant in writing within 45 days of receipt of the application if the application is denied, as specified. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.

Bill Text

Action History

  1. Chaptered by Secretary of State - Chapter 521, Statutes of 2014.

  2. Approved by the Governor.

  3. Enrolled and presented to the Governor at 4 p.m.

  4. Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 68. Noes 3. Page 6288.).

  5. Assembly Rule 77 suspended. (Page 6285.)

  6. In Assembly. Concurrence in Senate amendments pending. May be considered on or after August 22 pursuant to Assembly Rule 77.

  7. Read third time. Passed. Ordered to the Assembly. (Ayes 22. Noes 6. Page 4651.).

  8. Read second time. Ordered to third reading.

  9. Read third time and amended. Ordered to second reading.

  10. Read second time. Ordered to third reading.

  11. From committee: Be placed on second reading file pursuant to Senate Rule 28.8.

  12. Read second time and amended. Re-referred to Com. on APPR.

  13. From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 6. Noes 1.) (June 25).

  14. From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on GOV. & F.

  15. In committee: Set, first hearing. Hearing canceled at the request of author.

  16. Referred to Com. on GOV. & F.

  17. In Senate. Read first time. To Com. on RLS. for assignment.

  18. Read third time. Passed. Ordered to the Senate. (Ayes 58. Noes 8. Page 5163.)

  19. Read second time. Ordered to third reading.

  20. From committee: Do pass. (Ayes 14. Noes 0.) (May 21).

  21. Re-referred to Com. on APPR.

  22. From committee chair, with author's amendments: Amend, and re-refer to Com. on APPR. Read second time and amended.

  23. Re-referred to Com. on APPR.

  24. Read second time and amended.

  25. From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 7. Noes 0.) (April 30).

  26. Re-referred to Com. on L. GOV.

  27. From committee chair, with author's amendments: Amend, and re-refer to Com. on L. GOV. Read second time and amended.

  28. Referred to Com. on L. GOV.

  29. From printer. May be heard in committee March 23.

  30. Read first time. To print.

Sponsors

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 0 co-sponsors · 121 not signed on · 3 voted No

Sponsors (1)

Co-sponsors (0)

None.

Not signed on (121)

121 members have not signed on to this bill.

Show all 121 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

AB 2188 MURATSUCHI Concurrence in Senate Amendments

Passed 68 Yea · 3 Nay · 8 Other
Party YeaNayPresentNot Voting
Unaffiliated 61308
Democratic 4000
Republican 3000
Total 68308
% of votes cast 86%4%0%10%
How each member voted (79)
Member Party Vote
Achadjian — Nay
Alejo — Yea
Bloom — Yea
Bradford — Yea
Buchanan — Not Voting
Jones-Sawyer — Yea
Levine — Yea
Linder — Not Voting
Logue — Yea
Mansoor — Yea
Mullin — Yea
Nestande — Yea
Quirk — Yea
Skinner — Yea
Ting — Yea
Wilk — Yea
Williams — Yea
Chau — Not Voting
Chávez — Yea
Dababneh — Yea
Allen — Yea
Lowenthal — Yea
Frazier — Yea
Garcia — Yea
Gomez — Yea
Gray — Yea
Atkins — Yea
Bigelow — Yea
Hagman — Yea
Holden — Yea
Nazarian — Yea
Ridley-Thomas — Yea
Rodriguez — Yea
Waldron — Yea
Fong — Yea
Eggman — Yea
Bonilla — Yea
Harkey — Yea
Ammiano — Yea
Medina — Yea
Melendez — Yea
Pan — Yea
Perea — Yea
Wieckowski — Yea
Maienschein — Yea
Bocanegra — Yea
Rendon — Yea
John A. Pérez — Yea
Wagner — Yea
Salas — Yea
Weber — Yea
Brown — Yea
Chesbro — Yea
Conway — Yea
Cooley — Yea
Dickinson — Yea
Olsen — Not Voting
Campos — Not Voting
Daly — Yea
Donnelly — Yea
Fox — Yea
Gatto — Yea
Yamada — Yea
Gordon — Not Voting
Gorell — Yea
Hall — Not Voting
Beth Gaines — Nay
Jim Patterson — Not Voting
Lorena Gonzalez — Yea
Mark Stone — Nay
Roger Hernández — Yea
V. Manuel Pérez — Yea
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Muratsuchi, Al Democratic Yea
Quirk-Silva, Sharon Democratic Yea
Dahle, Megan Republican Yea
Grove, Shannon Republican Yea
Jones, Brian W. Republican Yea

Official roll call →

3rd Reading AB2188 Muratsuchi By Wolk

Passed 22 Yea · 6 Nay · 12 Other
Party YeaNayPresentNot Voting
Unaffiliated 206011
Democratic 2001
Total 226012
% of votes cast 55%15%0%30%
How each member voted (40)
Member Party Vote
Hueso — Yea
Lieu — Yea
Vidak — Nay
Walters — Not Voting
Cannella — Nay
Corbett — Yea
Hernandez — Yea
Hill — Yea
Lara — Yea
Leno — Yea
Liu — Yea
Monning — Yea
Morrell — Nay
Nielsen — Nay
Pavley — Yea
Steinberg — Yea
Wolk — Yea
Mitchell — Yea
Anderson — Yea
Beall — Yea
Block — Yea
Wright — Not Voting
De León — Not Voting
Galgiani — Not Voting
Hancock — Not Voting
Huff — Nay
Knight — Not Voting
Roth — Not Voting
Torres — Not Voting
Correa — Yea
Evans — Yea
Wyland — Yea
DeSaulnier — Yea
Fuller — Not Voting
Yee — Not Voting
Beth Gaines — Not Voting
Bill Berryhill — Nay
Calderon, Lisa Democratic Not Voting
Jackson, Corey A. Democratic Yea
Padilla, Stephen C. Democratic Yea

Official roll call →

AB 2188 MURATSUCHI Assembly Third Reading

Passed 58 Yea · 8 Nay · 13 Other
Party YeaNayPresentNot Voting
Unaffiliated 538011
Democratic 2002
Republican 3000
Total 588013
% of votes cast 73%10%0%16%
How each member voted (79)
Member Party Vote
Achadjian — Nay
Ammiano — Yea
Bloom — Yea
Bradford — Yea
Brown — Yea
Buchanan — Not Voting
Holden — Yea
Linder — Not Voting
Logue — Yea
Maienschein — Yea
Mansoor — Yea
Ridley-Thomas — Not Voting
Skinner — Yea
Wagner — Yea
Wieckowski — Yea
Allen — Nay
Salas — Nay
Campos — Not Voting
Frazier — Nay
Chau — Yea
Gordon — Not Voting
Medina — Nay
Olsen — Not Voting
Pan — Not Voting
Perea — Not Voting
Chesbro — Yea
Chávez — Yea
Lowenthal — Yea
Gatto — Yea
Garcia — Yea
Gray — Yea
Atkins — Yea
Gorell — Yea
Fong — Yea
Conway — Yea
Cooley — Yea
Bonilla — Yea
Hagman — Yea
Hall — Yea
Harkey — Yea
Jones-Sawyer — Yea
Bocanegra — Yea
Levine — Yea
John A. Pérez — Yea
Melendez — Yea
Mullin — Yea
Alejo — Yea
Bigelow — Yea
Dababneh — Yea
Dickinson — Yea
Donnelly — Yea
Eggman — Yea
Nazarian — Yea
Nestande — Yea
Quirk — Yea
Rendon — Yea
Rodriguez — Yea
Ting — Yea
Waldron — Yea
Weber — Yea
Wilk — Yea
Williams — Yea
Daly — Not Voting
Fox — Nay
Yamada — Not Voting
Gomez — Yea
Beth Gaines — Nay
Jim Patterson — Not Voting
Lorena Gonzalez — Yea
Mark Stone — Nay
Roger Hernández — Yea
V. Manuel Pérez — Yea
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Not Voting
Muratsuchi, Al Democratic Yea
Quirk-Silva, Sharon Democratic Not Voting
Dahle, Megan Republican Yea
Grove, Shannon Republican Yea
Jones, Brian W. Republican Yea

Official roll call →

Do pass.

Passed 14 Yea · 0 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 12003
Republican 1000
Democratic 1000
Total 14003
% of votes cast 82%0%0%18%
How each member voted (17)
Member Party Vote
Bradford — Yea
Linder — Not Voting
Ridley-Thomas — Yea
Weber — Yea
Holden — Yea
Quirk — Yea
Bocanegra — Yea
Bigelow — Yea
Campos — Not Voting
Gomez — Yea
Eggman — Yea
Pan — Yea
Wagner — Not Voting
Donnelly — Yea
Gatto — Yea
Calderon, Lisa Democratic Yea
Jones, Brian W. Republican Yea

Official roll call →

Subjects

housing environment energy
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Frequently asked questions

What does AB 2188 do?
(1) Existing law provides that it is the policy of the state to promote and encourage the use of solar energy systems, as defined, and to limit obstacles to their use. Existing law states that the implementation of consistent statewide standards to achieve timely and cost-effective installation of solar energy systems is not a municipal affair, but is instead a matter of statewide concern. Existing law requires a city or county to administratively approve applications to install solar energy systems through the issuance of a building permit or similar nondiscretionary permit. Existing law requires a solar energy system for heating water to be certified by the Solar Rating Certification Corporation or another nationally recognized certification agency. This bill would specify that these provisions address a statewide concern. The bill would additionally require a city, county, or city and county to adopt, on or before September 30, 2015, in consultation with specified public entities an ordinance that creates an expedited, streamlined permitting process for small residential rooftop solar energy systems, as specified. The bill would additionally require a city, county, or city and county to inspect a small residential rooftop solar energy system eligible for expedited review in a timely manner, as specified. The bill would prohibit a city, county, or city and county from conditioning the approval of any solar energy system permit on approval of that system by an association that manages a common interest development. The bill would require a solar energy system for heating water in single family residences and solar collectors for heating water in commercial or swimming pool applications to be certified by an accredited listing agency, as defined. Because the bill would impose new duties upon local governments and local agencies, it would impose a state-mandated local program. (2) Existing law prohibits any covenant, restriction, or condition contained in any deed, contract, security instrument, or other instrument affecting the transfer or sale of, or any interest in, real property, and any provision of a governing document from effectively prohibiting or restricting the installation or use of a solar energy system. Existing law exempts from that prohibition provisions that impose reasonable restrictions on a solar energy system that do not significantly increase the cost of the system or significantly decrease its efficiency or specified performance. Existing law defines the term "significantly," for these purposes, with regard to solar domestic water heating systems or solar swimming pool heating systems that comply with state and federal law, to mean an amount exceeding 20% of the cost of the system or decreasing the efficiency of the solar energy system by an amount exceeding 20%, and with regard to photovoltaic systems that comply with state and federal law, an amount not to exceed $2,000 over the system cost or a decrease in system efficiency of an amount exceeding 20%, as specified. Existing law requires a solar energy system for heating water subject to the provisions described above to be certified by the Solar Rating Certification Corporation or another nationally recognized certification agency. This bill would instead define the term "significantly," for these purposes, with regard to solar domestic water heating systems or solar swimming pool heating systems that comply with state and federal law, to mean an amount exceeding 10% of the cost of the system, not to exceed $1,000, or decreasing the efficiency of the solar energy system by an amount exceeding 10%, and with regard to photovoltaic systems that comply with state and federal law, an amount not to exceed $1,000 over the system cost or a decrease in system efficiency of an amount exceeding 10%, as specified. The bill would require a solar energy system for heating water in single family residences and solar collectors for heating water in commercial or swimming pool applications subject to the provisions described above to be certified by an accredited listing agency, as defined. (3) Existing law requires an application for approval for the installation or use of a solar energy system to be processed and approved by the appropriate approving entity in the same manner as an application for approval of an architectural modification to the property and prohibits the approver from willfully avoiding or delaying approval. Existing law requires the approving entity to notify the applicant in writing within 60 days of receipt of the application if the application is denied, as specified. The bill would instead require the approving entity to notify the applicant in writing within 45 days of receipt of the application if the application is denied, as specified. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.
Who sponsors AB 2188?
AB 2188 is sponsored by Muratsuchi, Al (Democratic).
What is the current status of AB 2188?
This bill has been enacted into law. Introduced February 20, 2014. Enacted.
Where can I track AB 2188?
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