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AB2188 —6- 1 (A) The approval or denial of an application shall be in writing. 2 (B) If an application is not denied in writing within 45 days 3 from the date of receipt of the application,the application shall be 4 deemed approved, unless that delay is the result of a reasonable 5 request for additional information. 6 (f) Any entity, other than a public entity, that willfully violates 7 this section shall be liable to the applicant or other party for actual 8 damages occasioned thereby, and shall pay a civil penalty to the 9 applicant or other party in an amount not to exceed one thousand 10 dollars ($1,000). 11 (g) In any action to enforce compliance with this section, the 12 prevailing party shall be awarded reasonable attorney's fees. 13 (h) (1) A public entity that fails to comply with this section 14 may not receive funds from a state-sponsored grant or loan program 15 for solar energy.A public entity shall certify its compliance with 16 the requirements of this section when applying for funds from a 17 state-sponsored grant or loan program. 18 (2) A local public entity may not exempt residents in its 19 jurisdiction from the requirements of this section. 20 SEC. 3. Section 65850.5 of the Government Code is amended 21 to read: 22 65850.5. (a) The implementation of consistent statewide 23 standards to achieve the timely and cost-effective installation of 24 solar energy systems is not a municipal affair, as that term is used 25 in Section 5 of Article XI of the California Constitution, but is 26 instead a matter of statewide concern. It is the intent of the 27 Legislature that local agencies not adopt ordinances that create 28 unreasonable barriers to the installation of solar energy systems, 29 including, but not limited to,design review for aesthetic purposes, 30 and not unreasonably restrict the ability of homeowners and 31 agricultural and business concerns to install solar energy systems. 32 It is the policy of the state to promote and encourage the use of 33 solar energy systems and to limit obstacles to their use. It is the 34 intent of the Legislature that local agencies comply not only with 35 the language of this section, but also the legislative intent to 36 encourage the installation of solar energy systems by removing 37 obstacles to,and minimizing costs of,permitting for such systems. 38 (b) A city or county shall administratively approve applications 39 to install solar energy systems through the issuance of a building 40 permit or similar nondiscretionary permit. Review of the 94