AC-0003

To the extent a moratorium proposed by a county in relation to a commercial utility-scale solar-energy facility is adopted pursuant to Transportation Code provisions related to county authority over roads but is meant to reach activity other than that related to county roads, a court would likely find it invalid and unenforceable. And to the extent the moratorium is adopted pursuant to Health and Safety Code section 121.003 but does not seek to enforce a specific, preexisting public health law, a court would likely find it invalid and unenforceable.