California’s rooftop solar rules in limbo after state Supreme Court ruling

rooftop solar


rooftop solar
Credit: Pixabay/CC0 Public Domain

A controversial overhaul of rooftop solar regulations instituted more than two years ago by the California Public Utilities Commission will get another look after the state Supreme Court on August 7 sided with a trio of environmental organizations.

The highest court sent the third iteration of the state’s net energy metering tariff program, colloquially known as NEM 3.0, back to the state appeals court.

All seven justices determined an earlier decision by an appeals court judge gave too much deference to the utilities commission when it rebuffed the environmental groups’ lawsuit seeking to overturn the NEM 3.0 regulations.

In its 18-page decision, the state Supreme Court said it was not concluding the new solar rules are “correct or incorrect—only that the Court of Appeal erred in applying an unduly deferential standard of review to reach that conclusion.”

Roger Lin, senior attorney for the Center for Biological Diversity, said the three environmental groups were elated by the ruling.

“Hopefully this will send a message to the commission that you must follow the letter of law,” Lin said. “You cannot interpret the law the way the commission wants to interpret it because, at the end of the day, the courts are going to have the final say.”

Thursday’s ruling does not overturn NEM 3.0—at least for now. The current regulations remain in effect until the court case is ultimately resolved. That will require the filing of briefs from the opposing sides and then a rehearing at the appeals court.

Lin estimated a date for a new hearing could be scheduled in about three or four months.

“It is a long road. The fight is not over,” he said, “but this decision is a very encouraging step forward.”

The Union-Tribune reached out to the utilities commission for a comment on the Supreme Court’s ruling but had not received a response as of 2:30 p.m.

The dispute centers on a decision in December 2022 by the utilities commission, known as the CPUC.

The CPUC’s five commissioners unanimously voted to update rooftop solar regulations. The 260-page decision included incentives to encourage customers to pair their solar installations with battery storage systems.

But the decision also included a…



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