HomeMy WebLinkAboutLegislative Review - Letter to Nestande and Emmerson - Solar Rights ActCITY OF PALM DESERT
OFFICE OF THE CITY MANAGER
STAFF REPORT
REQUEST: APPROVE THE PALM DESERT LEGISLATIVE REVIEW
COMMITTEE'S RECOMMENDATION TO PROVIDE A LETTER
TO ASSEMBLYMAN NESTANDE AND SENATOR EMMERSON
REGARDING AMENDMENTS TO THE "SOLAR RIGHTS ACT"
SUBMITTED BY: Gary Rosenblum, Risk Manager/ Legislative Analyst
DATE: August 25, 2011
CONTENTS: Draft of Recommended Correspondence
Recommendation
By Minute Motion, approve the recommended correspondence to
Assemblyman Nestande and Senator Emmerson, regarding amendments to
the "Solar Rights Act".
Committee Recommendation
At their July 26, 2011, meeting, the Legislative Review Committee recommended
that the City Council approve the submittal of correspondence to Palm Desert's
State legislative representatives, concerning the amendments to the "Solar
Rights Act".
Background
State law currently prohibits local municipalities from restricting in any way the
installation of solar power projects based on aesthetics. Only demonstrable danger to
the public's health safety/welfare is cause for any mitigation requirements from a local
agency. This provision is based on Assembly Bill 2473 (passed into law in 2004)
amending what is known as the "Solar Rights Act."
While Palm Desert is a leader in the State when it comes to supporting and promoting
solar power energy systems, there are a growing number of cases where new solar
projects generated significant negative public response because they are not designed
to fit in within the prevailing neighborhood aesthetics. Staff is concerned that if that if
additional solar power systems are installed that generate negative community
responses, the public appeal for solar power may diminish.
Staff Report -Letter of Support: Amendments to the "Solar Rights Act"
August 25, 2011
Page 2of2
The attached letter to our local State representatives requests them to consider drafting
legislation, allowing a more balanced approach for local consideration of aesthetics,
without placing unnecessary impediments towards continued solar power use in Palm
Desert and the rest of California.
Staff respectfully requests that the City Council approve submission of the attached
correspondence to Assemblyman Nestande and Senator Emmerson regarding
amendments to the "Solar Rights Act".
Fiscal Analysis
There is no fiscal impact related to submitting this correspondence to the City's State
legislative representatives.
Submitted By:
Gary Rosenblum, Risk Manager/Legislative Analyst
Approval:
/M
Paul S. Gibson, Director of Finance
Johpo. Wohlmuth, City Manager
CITY COUNCIL ACTION
APPROVED._.. c!_ .. DENTED
RECEIVED OTHER
MEETING DATE _....� I ` ki
AYES: n S
NOES:
ABSENT: P01-0—
ABSTAIN: 0 �
VERIFIED BY: ��'
To:
The Honorable Bill Emmerson
California State Senator (37`h District)
The Honorable Brian Nestande
California State Assemblymember (64th District)
DRAFT
The Palm Desert City Council requests your assistance to help ensure that the City's long term
commitment to solar energy in our city and state remains undiminished. Palm Desert has been at the
forefront of the public sector when it comes to promoting energy efficiency and conservation and
helping our residents generate electricity from solar sources. However, we are also aware that the
designs of the hardware mounted on buildings to produce solar energy are not always harmonious and
appropriate for the locations where they are installed. The City's only current option to deal with this is
to request voluntary consideration of the design aesthetics from those who are installing such
equipment.
The Solar Rights Act, as amended in 2004 by AB 2473 prohibits local governments from restricting
installation of solar energy systems based on aesthetics. Subsequently, municipalities such as Palm
Desert have no opportunity to review the design or appearance of any residential or commercial solar
energy system unless there is a demonstrable adverse impact on public health and safety. We certainly
appreciate the compelling public interest in making it easier, not harder, for residents and businesses to
install solar power systems. Unfortunately, the City is now receiving a growing number of complaints
about the design of newly installed solar power systems.
The City Council respectfully requests that you consider legislation that would balance the public
interest in encouraging more solar power installations with the public's growing interest in ensuring, to
the extent possible, that the designs of new solar power systems are reasonable and appropriate for the
communities where they are installed. We are suggesting legislation that would amend the Solar Rights
Act again to allow limited review power for local municipalities to work with solar power system
applicants to help them avoid installing systems that are likely to generate negative responses from the
community. We believe that if solar power systems continue to be installed that generate negative
public responses, the appeal for solar power will diminish in our community and throughout the state.
This would be an undesirable outcome for our City and for California as a whole..
Should you wish to discuss this proposal further, please have your staff contact Mr. Gary Rosenblum, the
City's legislative liaison, at 760-346-0611. Thank you for any assistance you can provide in this matter.
Sincerely,
JEAN M. BENSON
Mayor, City of Palm Desert