HomeMy WebLinkAboutAgenda Report - May 21, 2014 C-13AGENDA ITEM CA3
CITY OF LODI
COUNCIL COMMUNICATION
• TM
AGENDA TITLE: Authorize the Mayor, on Behalf of the City Council, to Send a Letter of
Opposition for AB 2188 — Solar Energy Permits (Muratsuchi)
MEETING DATE: May 21, 2014
PREPARED BY: City Clerk
RECOMMENDED ACTION: Authorize the mayor, on behalf of the City Council, to send a letter
of opposition for AB 2188 — Solar Energy Permits (Muratsuchi).
BACKGROUND INFORMATION: On May 6, 2014, the City received correspondence from the League
of California Cities to oppose AB 2188 (Muratsuchi), legislation
pertaining to solar energy permits.
As you may be aware, existing law provides that it is the policy of the state to promote and encourage the
use of solar energy systems and to limit obstacles to their use. Existing law states the implementation of
consistent statewide standards to achieve timely and cost-effective installation of solar energy systems is
not a municipal affair but instead a matter of statewide concern. The law currently 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 and 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 additionally require a city or county to adopt, on or before September 30, 2015, an
ordinance that creates an expedited, streamlined permitting process for small residential rooftop solar
energy systems as specified. It also would require the local agency to inspect a small residential rooftop
solar energy system eligible for expedited review within 5 business days of any request and to perform
only one inspection. The bill would prohibit a local agency from conditioning the approval of any solar
energy system permit on approval of that system by an association that manages a common interest
development. Finally, the bill would require a solar energy system for heating water to be certified by an
accredited listing agency.
For the reasons stated above and in the attached draft correspondence, it is recommended that the City
Council authorize the execution and delivery of the proposed correspondence.
FISCAL IMPACT:
Not applicable at this time.
FUNDING AVAILABLE: Not applicable at this t'
Ran n
City Clerk
APPROVED: -
St c wa aue , nter'M City Manager
Randi Johl
From: Stephen R. Qualls [squalls@cacities.org]
Sent: Tuesday, May 06, 2014 05:31 PM
Subject: LETTERS NEEDED
Attachments: AB 2188 (Muratsuchi) Action Alert 042814.pdf; AB 2188 (Muratsuchi) SAMPLE Oppose Letter
5 5 2014.docx; Background on AB 2188 (Muratsuchi).pdf; Talking Points for AB 2188
(Muratsuchi).pdf
_LE 9 P" -I 7__J
AB 2188 AB 2188 Background on AB Talking Points for
luratsuchi) Action Airatsuchi) SAMPLE 0 2188 (Muratsu... AB 2188 (Mu...
ACTION ALERT!!
AB 2188 (Muratsuchi). Solar energy: permits
Oppose
Background:
AB 2188 would, among other things, require cities and counties to adopt a new, costly
ordinance that would essentially create a separate permitting and inspection process
specifically for residential solar installations of less than 10 kilowatts.
AB 2188 would be an economic burden on local governments. Requiring local jurisdictions to
uniformly issue solar permits in an "over the counter" fashion within 24 hours and inspect
solar installations within two days of the request would be very problematic for many
local governments still recovering from the historic economic downturn. A local
jurisdiction's ability to process a permit application and complete an inspection in an
expedited manner is largely driven by available funding and trained staff. Furthermore,
many municipalities still impose mandatory furloughs on Fridays, which limit their ability
to provide services under a specified timeline.
AB 2188 could pose a threat to public safety by limiting the inspection process and
thereby increasing the risk of fire hazard. During the permit review process, many cities
perform an onsite inspection, prior to issuing the permit, to ensure structural soundness.
This most often occurs when a city lacks adequate building records of the dwelling. AB
2188, as amended April 21, 2014, would limit a city to one inspection, thus essentially
prohibiting a city from visually inspecting a dwelling prior to installation.
Additionally, due to the this measure's 24 hour permit approval mandate, local fire
departments may no longer have the ability to participate in the "plan check" phase of the
permit approval process to verify that no fire hazards are present and the installation
complies with all applicable fire codes.
Talking Points:
• While we remain supportive of expanding access to renewable energy resources,
including residential solar, we do not believe that the rigid solar permit and inspection
process as mandated in AB 2188 is the right approach.
• A local jurisdiction's ability to process a permit application and complete an
inspection in an expedited manner is largely driven by available funding and trained
staff. The 24-hour issuance and two-day inspection deadlines would be very problematic for
many local governments still recovering from the historic economic downturn.
• AB 2188 could pose a threat to public safety by limiting the inspection process
and thereby increasing the risk of fire hazard.
• Building permits and inspections are required by state law, regulations, and
local ordinances to help ensure public safety. By enforcing these laws, local governments
essentially act as a consumer protection agency. AB 2188 could jeopardize this proven
process by forcing cities and counties to potentially overlook shortcomings in solar
permit applications or installations in order to comply with the bill's highly restrictive
approval timeline.
• Please contact your legislator and share any specific examples of how this bill
will impact your city/town.
Stephen Qualls
Central Valley Regional Public Affairs Manager
League of California Cities
209-614-0118
Fax 209-883-0653
squalls@cacities.org<mailto:squalls@cacities.org>
[Description: Description: LCC_Logo_SM]
Strengthening California Cities through Advocacy and Education
To expand and protect local control for cities through education and
advocacy in order to enhance the quality of life for all Californians.
<http://www.cacities.org/AC>
PLEASE DO NOT distribute political campaign advocacy information from public (city hall)
computers, on city time, or using public resources, even if it's from your personal email
account. If in doubt, check with your city attorney.
***Disclaimer***Please Note: Please take the following precautions if this email is about
a CITIPAC event. Though it is not illegal for you to receive this notice via a city e-
mail address, you should not respond to it or forward it using public resources. You may
however forward this message to your non-public e-mail account for distribution on non-
public time. If you have questions about the event or need additional information, please
contact Mike Egan at (916) 658-8271 or egan@cacities.org
2
AMENDED IN ASSEMBLY MAY 8, 2014
AMENDED IN ASSEMBLY MAY 5, 2014
AMENDED IN ASSEMBLY APRIL 21, 2014
CALIFORNIA LEGISLATURE -2013-14 REGULAR SESSION
ASSEMBLY BILL No. 2188
Introduced by Assembly Member Muratsuchi
February 20, 2014
An act to amend Section 714 of the Civil Code, and to amend Section
65850.5 of the Government Code, relating to solar energy.
LEGISLATIVE COUNSEL'S DIGEST
AB 2188, as amended, Muratsuchi. Solar energy: permits.
(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, an ordinance that
creates an expedited, streamlined permitting process for small residential
rooftop solar energy systems, as specified. The bill would additionally
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AB 2188 —2—
require a city, county, or city and county to inspect a small residential
rooftop solar energy system eligible for expedited review within S
business days of any request, as specified, and to perform only one
inspection, 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 to be certified by an accredited listing agency,
as defined.
(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 subject to the provisions described above to
be certified by an accredited listing agency, as defined.
-3— AB 2188
(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 30 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.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State -mandated local program: yes.
The people of the State of California do enact as follows:
1 SECTION 1. The Legislature finds and declares all of the
2 following:
3 (a) In recent years, the state has both encouraged the
4 development of innovative distributed generation technology and
5 prioritized the widespread adoption of solar power as a renewable
6 energy resource through programs such as the California Solar
7 Initiative.
8 (b) Rooftop solar energy is a leading renewable energy
9 technology that will help this state reach its energy and
10 environmental goals.
11 (c) To reach the state's Million Solar Roofs goal, hundreds of
12 thousands of additional rooftop solar energy systems will need to
13 be deployed in the coming years.
14 (d) Various studies, including one by the Lawrence Berkeley
15 National Laboratory, show that, despite the 1978 California Solar
16 Rights Act, declaring that the "implementation of consistent
17 statewide standards to achieve the timely and cost-effective
18 installation of solar energy systems is not a municipal affair ... but
19 is instead a matter of statewide concern," the permitting process
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governing the installation of rooftop solar energy systems varies
widely across jurisdictions and, contrary to the intent of the law,
is both an "obstacle" to the state's clean energy and greenhouse
reduction goals and a "burdensome cost" to homeowners,
businesses, schools, and public agencies.
(e) The United States Department of Energy, through its SunShot
Initiative, has distributed millions of dollars in grants to local and
state governments, including California jurisdictions, and nonprofit
organizations to reduce the costs of distributed solar through
streamlined and standardized permitting.
(f) A modernized and standardized permitting process for
installations of small-scale solar distributed generation technology
on residential rooftops will increase the deployment of solar
distributed generation, help to expand access to lower income
households, provide solar customers greater installation ease,
improve the state's ability to reach its clean energy goals, and
generate much needed jobs in the state, all while maintaining safety
standards.
SEC. 2. Section 714 of the Civil Code is amended to read:
714. (a) 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, as defined in Section
4150 or 6552, that effectively prohibits or restricts the installation
or use of a solar energy system is void and unenforceable.
(b) This section does not apply to provisions that impose
reasonable restrictions on solar energy systems. However, it is the
policy of the state to promote and encourage the use of solar energy
systems and to remove obstacles thereto. Accordingly, reasonable
restrictions on a solar energy system are those restrictions that do
not significantly increase the cost of the system or significantly
decrease its efficiency or specified performance, or that allow for
an alternative system of comparable cost, efficiency, and energy
conservation benefits.
(c) (1) A solar energy system shall meet applicable health and
safety standards and requirements imposed by state and local
permitting authorities, consistent with Section 65850.5 of the
Government Code.
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(2) Every solar energy system for heating water shall be certified
by an accredited listing agency as defined in Section 65850.5 of
the Government Code.
(3) A solar energy system for producing electricity shall also
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.
(d) For the purposes of this section:
(1) (A) For solar domestic water heating systems or solar
swimming pool heating systems that comply with state and federal
law, "significantly" means an amount exceeding 10 percent of the
cost of the system, but in no case more than one thousand dollars
($1,000), or decreasing the efficiency of the solar energy system
by an amount exceeding 10 percent, as originally specified and
proposed.
(B) For photovoltaic systems that comply with state and federal
law, "significantly" means an amount not to exceed one thousand
dollars ($1,000) over the system cost as originally specified and
proposed, or a decrease in system efficiency of an amount
exceeding 10 percent as originally specified and proposed.
(2) "Solar energy system" has the same meaning as defined in
paragraphs (1) and (2) of subdivision (a) of Section 801.5.
(e) (1) Whenever approval is required for the installation or
use of a solar energy system, the application for approval shall 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 shall not be willfully avoided or
delayed.
(2) For an approving entity that is an association, as defined in
Section 4080 or 6528, and that is not a public entity, both of the
following shall apply:
(A) The approval or denial of an application shall be in writing.
(B) If an application is not denied in writing within 30 days
from the date of receipt of the application, the application shall be
deemed approved, unless that delay is the result of a reasonable
request for additional information.
(f) Any entity, other than a public entity, that willfully violates
this section shall be liable to the applicant or other party for actual
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damages occasioned thereby, and shall pay a civil penalty to the
applicant or other parry in an amount not to exceed one thousand
dollars ($1,000).
(g) In any action to enforce compliance with this section, the
prevailing party shall be awarded reasonable attorney's fees.
(h) (1) A public entity that fails to comply with this section
may not receive funds from a state-sponsored grant or loan program
for solar energy. A public entity shall certify its compliance with
the requirements of this section when applying for funds from a
state-sponsored grant or loan program.
(2) A local public entity may not exempt residents in its
jurisdiction from the requirements of this section.
SEC. 3. Section 65850.5 of the Government Code is amended
to read:
65850.5. (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.
(b) A city or county shall administratively approve applications
to install solar energy systems through the issuance of a building
permit or similar nondiscretionary permit. Review of the
application to install a solar energy system shall be limited to the
building official's review of whether it meets all health and safety
requirements of local, state, and federal law. The requirements of
local law shall be limited to those standards and regulations
necessary to ensure that the solar energy system will not have a
specific, adverse impact upon the public health or safety. However,
if the building official of the city or county makes a finding, based
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-7— AB 2188
on substantial evidence, 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.
(c) A city, county, or city and 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. The findings shall include the basis for the rejection of
potential feasible alternatives of preventing the adverse impact.
(d) The decision of the building official pursuant to subdivisions
(b) and (c) may be appealed to the planning commission of the
city, county, or city and county.
(e) Any conditions imposed on an application to install a solar
energy system shall be designed to mitigate the specific, adverse
impact upon the public health and safety at the lowest cost possible.
(f) (1) A solar energy system shall meet applicable health and
safety standards and requirements imposed by state and local
permitting authorities.
(2) Every solar energy system for heating water shall be certified
by an accredited listing agency.
(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.
(g) On or before September 30, 2015, every city, county, or city
and county shall adopt an ordinance, consistent with the goals and
intent of subdivision (a), that creates an expedited, streamlined
permitting process for small residential rooftop solar energy
systems. In developing an expedited permitting process, the city,
county, or city and county shall adopt a checklist of all
requirements with which small rooftop solar energy systems shall
comply to be eligible for expedited review. if submitted dtn4ng
business An application that meet the requirements in
the checklist shall be reviewed within 24 business h Ctrs "deemed
approved upon receipt of the completed application submittal.4f
submitted after business hours, an appReation that meet the
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requirements in the eheeklist shall be reviewed within 24 business
t F al- beginning of el.,. next l..
JA LL0.y after stibmittal of
the n. The checklist and required permitting
documentation shall be published on a publically accessible Internet
Web site and the city, county, or city and county shall allow for
electronic submittal of a permit application and associated
documentation, and shall authorize the electronic signature on all
forms, applications, and other documentation in lieu of a wet
signature by an applicant. In developing the ordinance, the city,
county, or city and county shall strive to conform with standardized
checklists based on existing statewide solar permitting guidelines
or best practices including those developed through the United
States Department of Energy's SunShot Initiative.
(h) For a small residential rooftop solar energy system eligible
for expedited review, only one inspection shall be required and
that one inspection shall be scheduled within -two five business
days of a request, if the request is received during business hours.
If the request is received after business hours, the inspection shall
be scheduled within -two five business days of the beginning of the
next business day after receipt of the request. If a city, county, or
city and county determines that it is unable to provide an inspection
within -two five business days of a request, the city, county, or city
and county may 1
hold a public hearing and adopt an
ordinance or resolution providing for a different time period or
different means for scheduling inspections. If the small residential
rooftop solar energy system fails inspection, a subsequent
inspection shall also conform to the requirements of this
subdivision.
(i) A city, county, or city and county shall not condition approval
for any solar energy system permit on the approval of a solar
energy system by an association, as that term is defined in Section
4080 of the Civil Code.
0) 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,
county, or city and county on another similarly situated application
in a prior successful application for a permit. A city, county, or
city and county shall use its best efforts to ensure that the selected
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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) "Accredited listing agency" means a standards or testing
organization that evaluates solar energy systems according to
specified, independent criteria and allows its mark to be used on
qualifying systems as a stamp of approval, such as the American
National Standards Institute or the American Association for
Laboratory Accreditation.
(3) "Electronic submittal" means the utilization any of the
following:
(A) Email.
(B) The Internet.
(C) Facsimile.
(4) "Small residential solar energy system" means all of the
following:
(A) A solar energy system that is no larger than 10 kilowatts
alternating current nameplate rating or 30 kilowatts thermal.
(B) A solar energy system that conforms to all applicable state
fire, structural, electrical, and other building codes as adopted or
amended by the city, county, or city and county and paragraph (3)
of subdivision (c) of Section 714 of the Civil Code.
(C) A solar energy system that is installed on a single or duplex
family dwelling.
(D) A solar panel or module array that does not exceed the
maximum legal building height.
(5) "Solar energy system" has the same meaning set forth in
paragraphs (1) and (2) of subdivision (a) of Section 801.5 of the
Civil Code.
(6) "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.
SEC. 4. No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
a local agency or school district has the authority to levy service
charges, fees, or assessments sufficient to pay for the program or
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level
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level of service mandated by this act, within the meaning of Section
17556 of the Government Code.
x
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CITY COUNCIL
PHIL KATZAKIAN, Mayor
LARRY D. HANSEN,
Mayor Pro Tempore
BOB JOHNSON
JOANNE MOUNCE
ALAN NAKANISHI
May 21, 2014
CITY OF LODI
CITY HALL, 221 WEST PINE STREET
P.O. BOX 3006
LODI, CALIFORNIA 95241-1910
(209) 333-6702 / FAX (209) 333-6807
www.lodi.aov cityclerk(a)lodi.gov
Honorable Al Muratsuchi
Member, California State Assembly
State Capitol Building, Room 4117
Sacramento, California 95814
Via Facsimile: (916) 319-2166
STEPHEN SCHWABAUER
Interim City Manager
RANDI JOHL-OLSON
City Clerk
JANICE D. MAGDICH
Interim City Attorney
SUBJECT: AB 2188 (Muratsuchi) Solar Permits (as amended May 5, 2014)
NOTICE OF OPPOSITION
Dear Assembly Member/Senator:
The City of Lodi is writing to express our opposition to AB 2188. This measure would, among other
things, require cities and counties to adopt a new, costly ordinance that would essentially create a
separate permitting and inspection process specifically for residential solar installations of less than
10 kilowatts.
While we remain supportive of expanding access to renewable energy resources, including
residential solar, we do not believe that the rigid solar permit and inspection process as mandated
in AB 2188 is the right approach. Requiring every local jurisdiction to uniformly issue solar permits
and inspect solar installations within five days of the request would be very problematic and costly
for many local governments still recovering from the historic economic downturn. A local
jurisdiction's ability to process a permit application and complete an inspection in an expedited
manner is largely driven by available funding and trained staff. Furthermore, many municipalities
still impose mandatory furloughs on Fridays, which limit their ability to provide services under a
specified timeline.
It should also be noted that AB 2188 could pose a significant threat to public safety. Amendments
taken in the Assembly Local Government Committee on April 30, 2014 completely eliminate the
review process for solar permits and instead require local jurisdictions to issue the permit in a
ministerial manner upon receipt of a completed application. Eliminating the permit review process
would prohibit cities from involving their fire department or utility department in the permit approval
process, thus removing a jurisdiction's ability to verify that no fire hazards are present and the
installation complies with all applicable fire codes.
Building permits and inspections are required by state law, regulations, and local ordinances to
help ensure public safety. By enforcing these laws, local governments essentially act as a
consumer protection agency. AB 2188 could jeopardize this proven process by forcing cities and
counties to potentially overlook shortcomings in solar permit applications or installations in order to
comply with the bill's highly restrictive approval timeline. For these reasons, the City of Lodi
opposes AB 2188.
Sincerely,
Phil Katzakian
Mayor
C: Senator Cathleen Galgiani / Assembly Member Richard Pan
Stephen Qualls, League of California Cities