HomeMy WebLinkAbout2023-04-11; City Council; ; Terms Of Use with The Alliance For Sustainable Energy, LLC For Participation In a Program to Expedite Residential Solar Energy System PermitsCA Review GH
Meeting Date:
To:
From:
Staff Contact:
Subject:
April 11, 2023
Mayor and City Council
Scott Chadwick, City Manager
Doug Kappel, Information Technology Manager
doug.kappel@carlsbadca.gov, 442-339-2791
Jason Pasiut, Building Official
jason.Pasiut@carlsbadca.gov, 442-339-2788
Terms Of Use with The Alliance For Sustainable Energy, LLC For
Participation In a Program to Expedite Residential Solar Energy System
Permits
Recommended Action
Adopt a resolution approving the terms of use with the Alliance for Sustainable Energy, LLC for
participation in a program that uses the SolarAPP+ web tool for expediting the issuance of
residential solar energy permits.
Executive Summary
A 2022 state law requires the city to have an automated online platform to expedite the
permitting process for residential solar energy systems by Sept. 30, 2023. The National
Renewable Energy Laboratory (NREL) has developed an online tool, SolarAPP+, that will provide
this platform at no cost to the city, enabling it to meet this state requirement. The Alliance for
Sustainable Energy1 will provide the NREL tool for use by the city.
Before staff can make the SolarAPP+ web tool available, City Council must approve the
alliance’s terms of use.
Explanation & Analysis
The 2022 Solar Access Act (Senate Bill 379) requires the city to implement an automated online
permitting platform for solar energy services by the end of September. The platform must
verify that a planned residential solar energy system complies with the relevant state codes and
provide for permits for complying systems to be issued instantaneously.
To help cities meet this requirement, NREL has developed an online tool, SolarAPP+, that
automates the plan review process for issuing permits to qualified contractors to install code-
compliant systems. The SolarAPP+ software, in combination with automated processes in the
1 Alliance for Sustainable Energy, LLC is the management and operating contractor for the National Renewable
Energy Laboratory, which is a national laboratory of the United States Department of Energy.
April 11, 2023 Item #3 Page 1 of 12
city’s internal permitting system, will enable the Community Development department to issue
residential solar permits in real time, as required by state law, with minimal interaction from
staff.
This application would only be available for applications for solar systems for single-family
homes, not for new developments, commercial projects other larger projects.2 There is no cost
to the city for the implementation of the software or its use.
The SolarAPP+ software is expected to save time and money for residential solar applicants.
Currently, applicants for these solar systems are charged a plan review fee of $240 or more and
required to go through a plan review process that can take weeks. With SolarAPP+, the
contractors will file the applications and be charged the $25 fee that SolarAPP+ charges
applicants for the use of the software. Applications can be approved immediately.
Providing this application will save the staff time now spent reviewing the plans for these
residential solar projects, which represented a third of the total building permits issued last
year.
The application is also expected to help advance the city’s Climate Action Plan goal to reduce
greenhouse gas emissions, by allowing residential solar permits to be issued faster.
Improvements that we learn from this process will be applied to other types of permits as well,
helping Community Development staff reduce permit turnaround times for other permits, such
as those for water heaters and furnaces.
Fiscal Analysis
There is no immediate fiscal impact from this action but using this tool could reduce staff time
associated with reviewing qualifying residential solar energy system plans by 25-30%, which will
allow staff to focus instead on permit applications that cannot be handled automatically and on
other priorities.
Options
1. Adopt a resolution authorizing the terms of use with the Alliance for Sustainable Energy,
LLC for participation in a program that uses the SolarAPP+ web tool for expediting the
issuance of residential solar system permits.
Pros
• Complies with the requirements established by the Solar Access Act, SB 379
• Provides an improved level of service and significantly reduces the time it will
take to get an approved code-compliant residential solar permit
• Automates the plan review process to allow for instantaneous plan approval
• The software rejects projects that do not meet the criteria for approval
• Moves the cost for handling these permits from the city to the businesses or
residents who are requesting them, who will pay a $25 fee
• Potentially reduce staff permit processing workload by up to 25% (using 2022
issued permit numbers)
2 The software produces an instantaneous plan review of residential solar systems of up to 38.4 kilowatts in size.
April 11, 2023 Item #3 Page 2 of 12
• Allows for swifter approval of residential solar energy systems, advancing the
city’s goal to reduce greenhouse gas emissions
Cons
• The city will not satisfy the requirements of SB 379, unless it implements this or a
similar tool before September 2023. Staff are not aware of any other
applications that meet the requirements of SB 379.
2. Do not approve the resolution to execute terms of use for the SolarAPP+ web tool.
Pros
• None identified
Cons
• The city will not be able to meet the requirements of SB 379 unless staff can find
an alternative application.
Staff recommend option 1.
Next Steps
With the City Council’s approval of the use terms with Alliance for Sustainable Energy, LLC, staff
will make the SolarAPP+ web tool available for use citywide. Staff expect the city will have the
system in use by the end of August 2023, meeting the deadline set by the state of Sept. 30,
2023.
Environmental Evaluation
This action does not require environmental review because it does not constitute a project
within the meaning of the California Environmental Quality Act under California Public
Resources Code Section 21065 in that it has no potential to cause either a direct physical
change or a reasonably foreseeable indirect physical change in the environment.
Exhibits
1. City Council resolution
April 11, 2023 Item #3 Page 3 of 12
RESOLUTION NO. 2023-103
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, APPROVING THE TERMS OF USE WITH ALLIANCE FOR
SUSTAINABLE ENERGY, LLC FOR PARTICIPATION IN A PROGRAM USING THE
SOLARAPP+ WEB TOOL FOR EXPEDITING THE ISSUANCE OF RESIDENTIAL
SOLAR ENERGY PERMITS
WHEREAS, the City Council of the City of Carlsbad, California has determined that accepting the
terms of use with Alliance for Sustainable Energy, LLC for use of the SolarAPP+ web tool to expedite
the issuance of solar energy system permits is in the best interests of the city; and
WHEREAS, on September 16, 2022, Senate Bill 379 was signed into law requiring the city to
implement an online, automated permitting platform that verified code compliance and provides for
real time issuance of residential solar energy permits by September 30, 2023; and
WHEREAS, the National Renewable Energy Laboratory, a national laboratory of the United
States Department of Energy, developed an online tool, SolarAPP+, that automates the plan review
process for issuing permits to install code-compliant residential photovoltaic systems; and
WHEREAS, the online tool SolarAPP+ satisfies the requirements of Senate Bill 379, and ensures
that the city meets the compliance deadline of September 30, 2023; and
WHEREAS, Alliance for Sustainable Energy, LLC is the management and operating contractor for
the National Renewable Energy Laboratory and requires that the city accept certain use terms,
including indemnifying the U.S. Government, the Department of Energy, and the Alliance for
Sustainable Energy, LLC, for the use of SolarAPP+.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as
follows:
1.That the above recitations are true and correct.
2.That the City Council approves the terms of use with Alliance for Sustainable Energy, LLC
for use of the SolarAPP+ web tool, as shown in Attachment A.
Exhibit 1
April 11, 2023 Item #3 Page 4 of 12
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of
Carlsbad on the 11th day of April, 2023, by the following vote, to wit:
AYES:
NAYS:
ABSTAIN:
ABSENT:
Blackburn, Bhat-Patel, Acosta, Burkholder, Luna.
None.
None.
None.
KEITH BLACKBURN, Mayor
fvsHERRY FREISINGER, City Clerk(SEAL}
April 11, 2023 Item #3 Page 5 of 12
-f--i/Jivv
TERMS FOR NREL-MANAGED SolarAPP+
TERMS OF USE
Effective August 31, 2021
INTRODUCTION
These Terms of Use (“Terms”) are between you and Alliance for Sustainable Energy, LLC
(“Alliance”, “we”, or “us”) and govern your access to and use of the permitting review tool
available on solarapp.nrel.gov webpage (“Web Tool”), which is provided by Alliance as
Management and Operating Contractor of the National Renewable Energy Laboratory (“NREL”)
under Prime Contract No. DE-AC36-08GO28308 (“Prime Contract”) for of the United States
Department of Energy (“DOE”). By accessing or using the Web Tool, you agree to be bound by
these Terms. If you are accepting these Terms on behalf of another legal entity, including your
employer, another business, a government, etc., you represent that you are an authorized
representative of that entity with full legal authority to bind such entity to these terms. If you do
not agree to these Terms, you must not use this Web Tool.
This Web Tool is intended for use by 1) authorities having jurisdiction (“AHJs”) which are
authorized permitting agencies, and 2) applicants (“Applicants”) for permits. Unless otherwise
indicated, these terms shall apply to both AHJs and Applicants. By submitting any information to
Alliance via or in association with this Web Tool, you are representing and warranting to
Alliance that you have the authority to disclose that information.
NOTICE
Alliance is not permitting agency or jurisdiction and has no authority to issue permits of any
kind.
For AHJ’s, Alliance is not liable for the issuance of permits which do not meet the AHJ’s typical
requirements, or which fail to comply with AHJ’s permit standards. AHJ’s must review all
submissions to determine if issuing a permit is appropriate. AHJ’s remain exclusively
Attachment A
April 11, 2023 Item #3 Page 6 of 12
TERMS FOR NREL-MANAGED SolarAPP+
responsible for the review and approval of permit applications. It is not recommended to rely
solely on the Web Tool for the approval or issuance of a permit.
For Applicants, Alliance is not liable for the failure of any permits to issue or the failure of any
applications to be submitted. Applicants must contact the relevant jurisdiction to obtain any
permit. Applicants remain exclusively responsible for the timely submission of any required
information for any permit application directly to the relevant jurisdiction. It is not recommended
to rely solely on the Web Tool for the submission or approval of Applicant’s permit application.
Alliance, its officers, employees, agents, or representatives shall not be liable for any damages of
any kind arising from your use of the linked online payment service. Nothing contained in this
Web Tool constitutes or is intended to constitute legal advice from Alliance or any of its
agencies, officers, employees, agents, or representatives.
PRIVACY AND SECURITY
This Web Tool may collect personal information from users, both AHJs and Applicants. By
using this Web Tool and/or agreeing to these Terms, you consent to the collection, storage, and
processing of your personal information/data as set forth in the Privacy Policy.
This Web Tool may be monitored by the U.S. government and any agency thereof (“U.S.
Government”), by Alliance, or by others on their behalf, to ensure it remains available to all
users and for security purposes to protect information in the system. By using the Web Tool, you
expressly consent to these monitoring activities.
Unauthorized attempts to defeat or circumvent security features, to use the system for other than
intended purposes, to deny service to authorized users, to access, obtain, alter, damage, or
destroy information, or otherwise interfere with the system or its operation are prohibited.
Evidence of such acts may be disclosed to law enforcement authorities and result in criminal
prosecution under the Computer Fraud and Abuse Act of 1986 (Pub. L. 990474) and the National
April 11, 2023 Item #3 Page 7 of 12
TERMS FOR NREL-MANAGED SolarAPP+
Information Infrastructure Protection Act of 1996 (Pub. L. 104-294), (18 U.S.C. 1030), or other
applicable criminal laws.
SYSTEM REQUIREMENTS
You are solely responsible for ensuring that your systems meet the hardware, software and any
other applicable system requirements for the Web Tool. Alliance will have no obligations or
responsibility under this Agreement for issues caused by your use of any third-party hardware or
software not provided by Alliance.
YOUR ACCOUNT AND ACCOUNT SECURITY
To use certain features of the Web Tool, you may be required to create an account and provide
Alliance with a username, password, and certain other information about yourself, as set forth in
the Privacy Policy. When registering, you must fill in all mandatory fields with accurate, current,
and complete information about yourself as prompted in the registration form and keep this
information up to date. Alliance has the right to suspend or terminate your account or refuse any
and all use of the Web Tool if it suspects your account information is inaccurate, not current, or
incomplete.
You are solely responsible for maintaining the confidentiality of the password and username you
provided during the registration process, and you are fully responsible for all activities that occur
under your password or account. You agree to promptly notify Alliance if you discover or
suspect any unauthorized use of your account or any other breach of security. You may not
license, sell, or transfer your account without prior written permission from Alliance.
OWNERSHIP AND FEEDBACK
The Web Tool is made available on a limited access basis, and no ownership right is conveyed to
you, irrespective of any use of terms such as “license”, “purchase”, or “sale”. Alliance and any
third parties, as applicable, have and retain all right, title and interest, including all intellectual
property rights, in and to all protectable aspects of the Web Tool.
April 11, 2023 Item #3 Page 8 of 12
TERMS FOR NREL-MANAGED SolarAPP+
Any ideas, suggestions, and feedback about this Web Tool that you provide to Alliance are
entirely voluntary, and by providing such ideas, suggestions, and feedback (“Feedback”) you are
agreeing that Alliance may use such Feedback without restriction and without compensation or
obligation to you. To the extent any license would be required to utilize or implement your
Feedback, you automatically grant Alliance, when submitting such Feedback, a worldwide,
royalty-free, perpetual, irrevocable, non-exclusive, transferable, and sublicensable license under
any rights necessary for such use or implementation.
PUBLICATION AND NON-ENDORSEMENT
You must not to use the names or marks of the U.S. Government, the DOE, NREL, or Alliance
to endorse or promote any product, service, or entity without specific prior written authorization
from the U.S. Government, DOE, or Alliance, as appropriate. All trademarks and service marks
contained in or displayed on this Web Tool are the intellectual property of their respective
owners. Any commercial use of the materials stored on this Web Tool is strictly prohibited
without the prior written approval of Alliance.
INDEMNIFICATION REQUIREMENTS
EXCEPT TO THE EXTENT PROHIBITED BY LAW, YOU AGREE TO INDEMNIFY THE
U.S. GOVERNMENT, DOE, ALLIANCE, AND THEIR RESPECTIVE SUBSIDIARIES,
AFFILIATES, OFFICERS, AGENTS, AND EMPLOYEES AGAINST ANY THIRD-PARTY
CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEYS’ FEES, ARISING OUT
OF OR RELATED TO YOUR VIOLATION OF THESE TERMS, YOUR VIOLATION OF
APPLICABLE LAWS OR REGULATIONS, OR YOUR USE OF THE WEB TOOL.
DISCLAIMER OF WARRANTIES
THIS WEB TOOL IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT
WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT
LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, AND NON-INFRINGEMENT. ALLIANCE AND THE UNITED
STATES GOVERNMENT DO NOT WARRANT THAT THE WEB TOOL OR ANY DATA
AVAILABLE VIA THE WEB TOOL IS ACCURATE, COMPLETE, RELIABLE, CURRENT,
April 11, 2023 Item #3 Page 9 of 12
TERMS FOR NREL-MANAGED SolarAPP+
OR ERROR FREE. ALLIANCE DOES NOT CONTROL, ENDORSE, OR TAKE
RESPONSIBILITY FOR ANY THIRD-PARTY DATA PROVIDED VIA THE WEB TOOL
OR THE ACTIONS OF ANY THIRD PARTY OR USER. WHILE ALLIANCE ATTEMPTS
TO MAKE YOUR ACCESS TO AND USE OF THE WEB TOOL SAFE, ALLIANCE DOES
NOT REPRESENT OR WARRANT THAT THE WEB TOOL OR SERVERS ARE FREE OF
VIRUSES OR OTHER HARMFUL COMPONENTS. NEITHER ALLIANCE NOR ANY
THIRD-PARTY PROVIDERS OF DATA AVAILABLE VIA THE WEB TOOL HAVE ANY
OBLIGATION TO PROVIDE UPDATES, SUPPORT, CONSULTING, TRAINING, OR
ASSISTANCE OF ANY KIND WHATSOEVER WITH REGARD TO ANY DATA
AVAILABLE VIA THE WEB TOOL OR USE THEREOF.
LIMITATION OF LIABILITYIN NO EVENT SHALL ALLIANCE, THE U.S.
GOVERNMENT, OR ANY THIRD PARTY PROVIDER OF DATA AVAILABLE VIA THE
WEB TOOL, NOR ANY OF THEIR OFFICERS, AGENTS, OR EMPLOYEES, BE LIABLE
TO YOU FOR ANY DAMAGES WHATSOEVER, INCLUDING (BUT NOT LIMITED TO)
ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL,
OR PUNITIVE DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF
SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR
BUSINESS INTERRUPTION) ARISING FROM OR RELATING TO THESE TERMS, THE
WEB TOOL, OR ANY DATA AVAILABLE VIA THE WEB TOOL. ACCESS TO, AND USE
OF, THE WEB TOOL IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE
SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR COMPUTER
SYSTEM, OR LOSS OF DATA RESULTING THEREFROM. IN NO EVENT WILL THE
AGGREGATE LIABILITY OF THE ABOVE ENTITIES EXCEED TEN U.S. DOLLARS
($10). THE LIMITATIONS OF THIS SECTION WILL APPLY TO ANY THEORY OF
LIABILITY, INCLUDING THOSE BASED ON WARRANTY, CONTRACT, STATUTE,
TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EVEN IF THE ABOVE ENTITIES
HAVE BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF
ANY REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED ITS ESSENTIAL
PURPOSE. THE FOREGOING LIMITATION OF LIABILITY WILL APPLY TO THE
FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
April 11, 2023 Item #3 Page 10 of 12
TERMS FOR NREL-MANAGED SolarAPP+
TERMS SUBJECT TO CHANGE
Alliance may make changes to these Terms from time to time. If we make changes, we will post
the amended Terms to this Web Tool and update the Effective Date above. By continuing to
access or use the Web Tool on or after the Effective Date of the revised Terms, you agree to be
bound by the revised Terms. If you do not agree to the revised Terms, you must stop accessing
and using the Web Tool before the changes become effective. You are responsible for checking
the Terms for changes and your continued use of the Web Tool constitutes acceptance of updated
Terms.
TERMINATION
Alliance has no obligation to continue to support, maintain, and/or operate the Web Tool and
may cease to do so and/or terminate the Web Tool at any time with or without notice to AHJs
and/or Applicants.
Alliance may immediately terminate your access to the Web Tool and, should you have an
account on the Web Tool, your account, for any reason (or for no reason), without warning. You
may terminate your account at any time, for any reason, by contacting solarapp@nrel.gov. Even
after termination, these Terms, including (but not limited to) the PRIVACY AND SECURITY
section, the OWNERSHIP AND FEEDBACK section, the INDEMNITY, DISCLAIMER, AND
LIMITATION OF LIABIITY section, the GOVERNING LAW AND JURISDICTION section,
and the GENERAL section, will remain in effect.
GOVERNING LAW AND JURISDICTION
Any claims arising out of or relating to these Terms or this Web Tool will be governed
exclusively by the laws of the United States of America and the State of California, without
giving effect to their conflict of laws principles. You expressly consent to the exclusive forum,
jurisdiction, and venue of the Courts of the State of California and the United States District
Court for the Southern District of California in any and all actions, disputes, or controversies
relating to these Terms or this Web Tool.
April 11, 2023 Item #3 Page 11 of 12
TERMS FOR NREL-MANAGED SolarAPP+
GENERAL
Any reference included in this Web Tool to any specific commercial products, process, or
service by trade name, trademark, manufacturer, or otherwise, does not necessarily constitute or
imply its endorsement, recommendation, or favoring by the U.S. Government, NREL, or
Alliance. The views and opinions expressed on the Web Tool or in any information or data
available via the Web Tool do not necessarily represent the views of the U.S. Government or
Alliance.
Unless otherwise specified, the Web Tool and any information or data available via the Web
Tool are presented solely for use and access from within the United States, its territories,
possessions, and protectorates. Alliance makes no representation or warranty of any kind that the
Web Tool or any data available via the Web Tool is appropriate or available for use in other
locations. If you access the Web Tool from a location other than the United States, you alone are
responsible for compliance with any applicable local laws.
These Terms and any posted rules on the Web Tool constitute the entire agreement of the parties
with respect to the subject matter hereof. No waiver by Alliance of any breach or default under
these Terms will be deemed to be a waiver of any preceding or subsequent breach or default.
These Terms will be binding upon and inure to the benefit of Alliance and its successors,
trustees, and permitted assignees. Alliance may assign this agreement or any of its rights or
obligations under these Terms with or without notice to you.
April 11, 2023 Item #3 Page 12 of 12