PREFILED JAN 07 2010
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REFERENCE TITLE: solar energy; permit fees |
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State of Arizona House of Representatives Forty-ninth Legislature Second Regular Session 2010
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HB 2063 |
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Introduced by Representative Boone
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AN ACT
amending section 9-468, Arizona Revised Statutes; amending section 9‑468, Arizona Revised Statutes; as amended by this act; amending section 11‑323, Arizona Revised Statutes; amending section 11‑323, Arizona Revised Statutes; as amended by this act; relating to solar CONSTRUCTION permits.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 9-468, Arizona Revised Statutes, is amended to read:
9-468. Solar construction permits; fees; standards; exception
A. Municipalities shall adopt the following standards for issuing permits for the use of certain solar energy devices:
1. For construction with solar photovoltaic systems that are intended to connect to a utility system, the following apply:
(a) The location of the photovoltaic system installation shall be indicated on the construction plans, including the roof plan and elevation.
(b) Photovoltaic panel mounting details shall be included in the installation plans.
(c) The electrical diagrams shall include one-line and three-line diagrams.
(d) For direct current to alternating current conversions, the cut sheet and listings for inverters shall be included in the plans.
(e) A municipality shall not require a stamp from a professional engineer for a solar photovoltaic system unless an engineering stamp is deemed necessary. If an engineering stamp is deemed necessary, the municipality shall provide the permittee a written explanation of why the engineering stamp is necessary.
2. For solar water heating systems, the following apply:
(a) The location of the solar panel system shall be indicated on the construction plans, including the roof plan and elevation, and shall include mounting details for panel installation.
(b) Construction plan notes shall include a requirement that solar water heating equipment be installed in compliance with applicable plumbing codes and as prescribed by a solar rating and certification corporation and any guidelines adopted by this state.
(c) A municipality shall not require a stamp from a professional engineer for a single family solar water heating system unless an engineering stamp is deemed necessary. If an engineering stamp is deemed necessary, the municipality shall provide the permittee a written explanation of why the engineering stamp is necessary.
B. Any building or permit fee or charge assessed by a city or town for a building permit for solar construction must be attributable to and defray or cover the expense of the service for which the fee or charge is assessed. A fee or charge shall not exceed the actual cost of issuing a permit, and a written, itemized list of the individual costs associated with the permit fee shall be provided at the request of the permittee. The fee charged for building permits for solar energy system construction shall comply with the following:
1. For a single family residential grid-tied photovoltaic system, the total cost of inspection, plan review and permit shall not exceed three hundred Seventy‑five dollars.
2. For a residential solar water heating system, the total cost of inspection, plan review and permit shall not exceed one hundred fifty dollars.
3. A city or town shall not charge reinspection fees or renewal permit fees that exceed the cost of the original permit fee for any project that has an expired permit.
4. The fee limitations in this subsection shall be adjusted annually by the city or town to the nearest ten dollars by the percentage change in the consumer price index. for the purposes of this paragraph, "consumer price index" means the consumer price index for all urban consumers, United States city average, that is published by the United States department of labor, bureau of labor statistics.
C. Subsection B does not apply if the photovoltaic or solar water heating system requires:
1. More than one plan review.
2. More than two inspections for a photovoltaic system or more than one inspection for a solar water heating system.
3. That the system subject to the permit include an electrical storage system.
C. D. Before adoption of a fee for service or an additional or separate charge pursuant to this section, a city or town shall hold a public hearing on the issue with at least fifteen days' published notice.
D. E. The method by which a city or town arrives at an assessed permit or plan fee must be published and made available to the public.
Sec. 2. Section 9-468, Arizona Revised Statutes, as amended by section 1 of this act, is amended to read:
9-468. Solar construction permits; fees; standards
A. Municipalities shall adopt the following standards for issuing permits for the use of certain solar energy devices:
1. For construction with solar photovoltaic systems that are intended to connect to a utility system, the following apply:
(a) The location of the photovoltaic system installation shall be indicated on the construction plans, including the roof plan and elevation.
(b) Photovoltaic panel mounting details shall be included in the installation plans.
(c) The electrical diagrams shall include one-line and three-line diagrams.
(d) For direct current to alternating current conversions, the cut sheet and listings for inverters shall be included in the plans.
(e) A municipality shall not require a stamp from a professional engineer for a solar photovoltaic system unless an engineering stamp is deemed necessary. If an engineering stamp is deemed necessary, the municipality shall provide the permittee a written explanation of why the engineering stamp is necessary.
2. For solar water heating systems, the following apply:
(a) The location of the solar panel system shall be indicated on the construction plans, including the roof plan and elevation, and shall include mounting details for panel installation.
(b) Construction plan notes shall include a requirement that solar water heating equipment be installed in compliance with applicable plumbing codes and as prescribed by a solar rating and certification corporation and any guidelines adopted by this state.
(c) A municipality shall not require a stamp from a professional engineer for a single family solar water heating system unless an engineering stamp is deemed necessary. If an engineering stamp is deemed necessary, the municipality shall provide the permittee a written explanation of why the engineering stamp is necessary.
B. Any building or permit fee or charge assessed by a city or town for a building permit for solar construction must be attributable to and defray or cover the expense of the service for which the fee or charge is assessed. A fee or charge shall not exceed the actual cost of issuing a permit, and a written, itemized list of the individual costs associated with the permit fee shall be provided at the request of the permittee. The fee charged for building permits for solar energy system construction shall comply with the following:
1. For a single family residential grid-tied photovoltaic system, the total cost of inspection, plan review and permit shall not exceed three hundred seventy‑five dollars.
2. For a residential solar water heating system, the total cost of inspection, plan review and permit shall not exceed one hundred fifty dollars.
3. A city or town shall not charge reinspection fees or renewal permit fees that exceed the cost of the original permit fee for any project that has an expired permit.
4. The fee limitations in this subsection shall be adjusted annually by the city or town to the nearest ten dollars by the percentage change in the consumer price index. For the purposes of this paragraph, "consumer price index" means the consumer price index for all urban consumers, United States city average, that is published by the United States department of labor, bureau of labor statistics.
C. Subsection B does not apply if the photovoltaic or solar water heating system requires:
1. More than one plan review.
2. More than two inspections for a photovoltaic system or more than one inspection for a solar water heating system.
3. That the system subject to the permit include an electrical storage system.
D. C. Before adoption of a fee for service or an additional or separate charge pursuant to this section, a city or town shall hold a public hearing on the issue with at least fifteen days' published notice.
E. D. The method by which a city or town arrives at an assessed permit or plan fee must be published and made available to the public.
Sec. 3. Section 11-323, Arizona Revised Statutes, is amended to read:
11-323. Solar construction permits; fees; standards; exception
A. Counties shall adopt the following standards for issuing permits for the use of certain solar energy devices:
1. For construction with solar photovoltaic systems that are intended to connect to a utility system, the following apply:
(a) The location of the photovoltaic system installation shall be indicated on the construction plans, including the roof plan and elevation.
(b) Photovoltaic panel mounting details shall be included in the installation plans.
(c) The electrical diagrams shall include one-line and three-line diagrams.
(d) For direct current to alternating current conversions, the cut sheet and listings for inverters shall be included in the plans.
(e) A county shall not require a stamp from a professional engineer for a solar photovoltaic system unless an engineering stamp is deemed necessary. If an engineering stamp is deemed necessary, the county shall provide the permittee a written explanation of why the engineering stamp is necessary.
2. For solar water heating systems, the following apply:
(a) The location of the solar panel system shall be indicated on the construction plans, including the roof plan and elevation, and shall include mounting details for panel installation.
(b) Construction plan notes shall include a requirement that solar water heating equipment be installed in compliance with applicable plumbing codes and as prescribed by a solar rating and certification corporation and any guidelines adopted by this state.
(c) A county shall not require a stamp from a professional engineer for a single family solar water heating system unless an engineering stamp is deemed necessary. If an engineering stamp is deemed necessary, the county shall provide the permittee a written explanation of why the engineering stamp is necessary.
B. Any building or permit fee or charge assessed by a county for a building permit for solar construction must be attributable to and defray or cover the expense of the service for which the fee or charge is assessed. A fee or charge shall not exceed the actual cost of issuing a permit, and a written, itemized list of the individual costs associated with the permit fee shall be provided at the request of the permittee. The fee charged for building permits for solar energy system construction shall comply with the following:
1. For a single family residential grid-tied photovoltaic system, the total cost of inspection, plan review and permit shall not exceed three hundred seventy‑five dollars.
2. For a residential solar water heating system, the total cost of inspection, plan review and permit shall not exceed one hundred fifty dollars.
3. A county shall not charge reinspection fees or renewal permit fees that exceed the cost of the original permit fee for any project that has an expired permit.
4. The fee limitations in this subsection shall be adjusted annually by the county to the nearest ten dollars by the percentage change in the consumer price index. For the purposes of this paragraph, "consumer price index" means the consumer price index for all urban consumers, United States city average, that is published by the United States department of labor, bureau of labor statistics.
C. Subsection B does not apply if the photovoltaic or solar water heating system requires:
1. More than one plan review.
2. More than two inspections for a photovoltaic system or more than one inspection for a solar water heating system.
3. That the system subject to the permit include an electrical storage system.
C. D. Before adoption of a fee for service or an additional or separate charge pursuant to this section, a county shall hold a public hearing on the issue with at least fifteen days' published notice.
D. E. The method by which a county arrives at an assessed permit or plan fee must be published and made available to the public.
Sec. 4. Section 11-323, Arizona Revised Statutes, as amended by section 3 of this act, is amended to read:
11-323. Solar construction permits; fees; standards
A. Counties shall adopt the following standards for issuing permits for the use of certain solar energy devices:
1. For construction with solar photovoltaic systems that are intended to connect to a utility system, the following apply:
(a) The location of the photovoltaic system installation shall be indicated on the construction plans, including the roof plan and elevation.
(b) Photovoltaic panel mounting details shall be included in the installation plans.
(c) The electrical diagrams shall include one-line and three-line diagrams.
(d) For direct current to alternating current conversions, the cut sheet and listings for inverters shall be included in the plans.
(e) A county shall not require a stamp from a professional engineer for a solar photovoltaic system unless an engineering stamp is deemed necessary. If an engineering stamp is deemed necessary, the county shall provide the permittee a written explanation of why the engineering stamp is necessary.
2. For solar water heating systems, the following apply:
(a) The location of the solar panel system shall be indicated on the construction plans, including the roof plan and elevation, and shall include mounting details for panel installation.
(b) Construction plan notes shall include a requirement that solar water heating equipment be installed in compliance with applicable plumbing codes and as prescribed by a solar rating and certification corporation and any guidelines adopted by this state.
(c) A county shall not require a stamp from a professional engineer for a single family solar water heating system unless an engineering stamp is deemed necessary. If an engineering stamp is deemed necessary, the county shall provide the permittee a written explanation of why the engineering stamp is necessary.
B. Any building or permit fee or charge assessed by a county for a building permit for solar construction must be attributable to and defray or cover the expense of the service for which the fee or charge is assessed. A fee or charge shall not exceed the actual cost of issuing a permit, and a written, itemized list of the individual costs associated with the permit fee shall be provided at the request of the permittee. The fee charged for building permits for solar energy system construction shall comply with the following:
1. For a single family residential grid-tied photovoltaic system, the total cost of inspection, plan review and permit shall not exceed three hundred seventy‑five dollars.
2. For a residential solar water heating system, the total cost of inspection, plan review and permit shall not exceed one hundred fifty dollars.
3. A county shall not charge reinspection fees or renewal permit fees that exceed the cost of the original permit fee for any project that has an expired permit.
4. The fee limitations in this subsection shall be adjusted annually by the county to the nearest ten dollars by the percentage change in the consumer price index. For the purposes of this paragraph, "consumer price index" means the consumer price index for all urban consumers, United States city average, that is published by the United States department of labor, bureau of labor statistics.
C. Subsection B does not apply if the photovoltaic or solar water heating system requires:
1. More than one plan review.
2. More than two inspections for a photovoltaic system or more than one inspection for a solar water heating system.
3. That the system subject to the permit include an electrical storage system.
D. C. Before adoption of a fee for service or an additional or separate charge pursuant to this section, a county shall hold a public hearing on the issue with at least fifteen days' published notice.
E. D. The method by which a county arrives at an assessed permit or plan fee must be published and made available to the public.
Sec. 5. Effective date
Section 9‑468, Arizona Revised Statutes, as amended by section 2 of this act, and section 11‑323, Arizona Revised Statutes, as amended by section 4 of this act, are effective from and after December 31, 2015.