AB 165

Current law limits the authority of a political subdivision to regulate solar and

wind energy systems. For both types of systems, current law prohibits a political

subdivision from imposing a restriction on the installation or use of the system

unless the restriction satisfies one of the following three conditions: 1) it serves to

preserve or protect the public health or safety; 2) it does not significantly increase

the cost of the system or significantly decrease the system's efficiency; or 3) it allows

for an alternative system of comparable cost and efficiency. However, for wind energy

systems, current law imposes an additional limitation on a political subdivision's

authority by prohibiting a restriction that is more restrictive than rules promulgated

by the Public Service Commission under current law. This bill allows a political

subdivision to impose a restriction on a wind energy system that is more restrictive

than the PSC rules, but only if the restriction satisfies one of the foregoing three

conditions. The bill does not affect a political subdivision's authority regarding solar

energy systems.