LPDD Model Law: State Law to Simplify Permit Requirements for Distributed Solar

This model law is targeted at reducing the various “soft costs” associated with the installation of residential solar facilities, such as the expenses associated with obtaining permits, inspections, and interconnection with the local utility. These challenges are compounded by the fragmented nature of the US energy marketplace, tensions between state and local governance of permitting and installation, and resistance of local homeowners associations (HOAs) to new solar installations.

This model statute addresses certain soft costs of residential solar facilities by laying out a framework by which states can simplify and standardize the permitting processes and installation requirements for residential photovoltaic (PV) systems and energy storage. It based on legislation in California and Massachusetts, and on recommendations provided by the National Association of State Energy Officials (NASEO).

The crux of the model law is streamlined permitting, guiding the process from an online application form and checklist, to a time-limited period for local authorities to issue approval or conduct an inspection, and capping application fees. The model also includes Solar Rights Protections, which are intended to prohibit restrictions on Residential Solar Systems in real property arrangements, as well as procedures for easements that ensure solar systems are able to maintain consistent access to direct sunlight.

This model law was drafted by Goodwin Procter attorneys Kevin Walsh, Jacqueline Klosek, and Eric Robinson.  Peer reviewing was provided by Davis Wright Tremaine attorneys Craig Gannett and Anna Fero.