BILL NUMBER: AB 1065 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 16, 2007
INTRODUCED BY Assembly Member Lieber
FEBRUARY 23, 2007
An act to amend Sections 25402 and 25402.1 of the Public Resources
Code, relating to public resources.
LEGISLATIVE COUNSEL'S DIGEST
AB 1065, as amended, Lieber. Public resources: building standards:
greenhouse gas.
Existing law requires the State Energy Resources Conservation and
Development Commission to prescribe, by regulation, various building
design and construction standards and energy conservation standards
for new residential and nonresidential buildings to reduce wasteful,
uneconomic, inefficient, or unnecessary consumption of energy. The
standards adopted must be cost effective, when taken in their
entirety, and when amortized over the economic life of the structure
when compared with historic practice. The commission may periodically
update and revise the standards. The commission is required to adopt
a public domain computer program that will enable various specified
entities to estimate the energy consumption by residential and
nonresidential buildings.
This bill would require the commission to adopt standards that
would reduce the energy consumption per gross square foot of
floorspace of a new residential and new nonresidential buildings,
from offsite sources, on a specified schedule using the standards
adopted in 2003 as the baseline for comparison purposes. The
commission would be required to review and or approve one or more
computer programs for use in demonstrating compliance with the
commission prescribed energy standards. The commission would also be
required to prescribe other specified requirements for compliance
software and to review and approve software for use in demonstrating
compliance with the adopted building design and construction
standards.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 25402 of the Public Resources Code is amended
to read:
25402. The commission shall, after one or more public hearings,
do all of the following, in order to reduce the wasteful, uneconomic,
inefficient, or unnecessary consumption of energy:
(a) Prescribe, by regulation, lighting, insulation climate control
system, and other building design and construction standards that
increase the efficiency in the use of energy for new residential and
new nonresidential buildings. The standards shall be cost effective,
when taken in their entirety, and when amortized over the economic
life of the structure when compared with historic practice. The
commission shall periodically update the standards and adopt any
revision that, in its judgment, it deems necessary. Six months after
the commission certifies an energy conservation manual pursuant to
subdivision (c) of Section 25402.1, a city, county, city and county,
or state agency shall not issue a permit for a building unless the
building satisfies the standards prescribed by the commission
pursuant to this subdivision or subdivision (b) of this section that
are in effect on the date an application for a building permit is
filed.
(b) (1) Prescribe, by regulation, energy conservation design
standards for new residential and new nonresidential buildings. The
standards shall be performance standards and shall be promulgated in
terms of energy consumption per gross square foot of floorspace, but
may also include devices, systems, and techniques required to
conserve energy. The standards shall be cost effective when taken in
their entirety, and when amortized over the economic life of the
structure when compared with historic practices. The commission shall
periodically review the standards and adopt any revision that, in
its judgment, it deems necessary. A building that satisfies the
standards prescribed pursuant to this subdivision need not comply
with the standards prescribed pursuant to subdivision (a). The
commission shall comply with this subdivision before January 1, 1981.
(2) When compared to the standards adopted on November 5, 2003,
the regulations adopted by the commission pursuant to subdivision (a)
and this subdivision shall decrease the energy consumption of new
residential and new nonresidential buildings, from offsite sources,
on a per gross square foot of floorspace basis, by the following
schedule:
(A) Not less than 20 percent by no later
than 2015.
(B) Not less than 50 percent by 2025 no
later than 2020 .
(C) Not less than 80 percent by 2035 no
later than 2030 .
(D) Not less than 100 percent by 2045.
(c) (1) Prescribe, by regulation, standards for minimum levels of
operating efficiency, based on a reasonable use pattern, and may
prescribe other cost effective measures, including incentive
programs, fleet averaging, energy consumption labeling not preempted
by federal labeling, and consumer education programs, to promote the
use of energy efficient appliances whose use, as determined by the
commission, requires a significant amount of energy on a statewide
basis. The minimum levels of operating efficiency shall be based on
feasible and attainable efficiencies or feasible improved
efficiencies that will reduce the electrical energy consumption
growth rate. The standards shall become effective no sooner than one
year after the date of adoption or revision. A new appliance
manufactured on or after the effective date of the standards shall
not be sold or offered for sale in the state, unless it is certified
by the manufacturer thereof to be in compliance with the standards.
The standards shall be drawn so that they do not result in any added
total costs to the consumer over the designed life of the appliances
concerned.
(2) A new appliance, except for a plumbing fitting, regulated
under paragraph (1), which is manufactured on or after July 1, 1984,
shall not be sold, or offered for sale, in the state, unless the date
of the manufacture is permanently displayed in an accessible place
on that appliance.
(3) During the period of five years after the commission has
adopted a standard for a particular appliance under paragraph (1), no
increase or decrease in the minimum level of operating efficiency
required by the standard for that appliance shall become effective,
unless the commission adopts other cost-effective measures for that
appliance.
(4) Neither the commission nor any other state agency shall take
any action to decrease any standard adopted under this subdivision on
or before June 30, 1985, prescribing minimum levels of operating
efficiency or other energy conservation measures for an appliance,
unless the commission finds by a four-fifths vote that a decrease is
of benefit to ratepayers, and that there is significant evidence of
changed circumstances. Prior to January 1, 1986, the commission shall
not take any action to increase any standard prescribing minimum
levels of operating efficiency for any appliance or adopt any new
standard under paragraph (1). Prior to January 1, 1986, an appliance
manufacturer doing business in this state shall provide directly, or
through an appropriate trade or industry association, information, as
specified by the commission after consultation with manufacturers
doing business in the state and appropriate trade or industry
associations on sales of appliances so that the commission may study
the effects of regulations on those sales. These informational
requirements shall remain in effect until the information is
received. The trade or industry association may submit sales
information in an aggregated form in a manner that allows the
commission to carry out the purposes of the study. The commission
shall treat sales information of an individual manufacturer as
confidential and that information shall not be a public record. The
commission shall not request information that cannot be reasonably
produced in the exercise of due diligence by the manufacturer. At
least one year prior to the adoption or amendment of a standard for
an appliance, the commission shall notify the Legislature of its
intent to adopt or amend a standard for the appliance, and the
justification for the adoption or amendment
intent to adopt or amend . Notwithstanding paragraph (3) and
this paragraph, the commission may do any of the following:
(A) Increase the minimum level of operating efficiency in an
existing standard up to the level of the National Voluntary Consensus
Standards 90, adopted by the American Society of Heating,
Refrigeration, and Air Conditioning Engineers or, for appliances not
covered by that standard, up to the level established in a similar
nationwide consensus standard.
(B) Change the measure or rating of efficiency of a standard, if
the minimum level of operating efficiency remains substantially the
same.
(C) Adjust the minimum level of operating efficiency in an
existing standard in order to reflect changes in test procedures that
the standards require manufacturers to use in certifying compliance,
if the minimum level of operating efficiency remains substantially
the same.
(D) Readopt a standard preempted, enjoined, or otherwise found
legally defective by an administrative agency or a lower court, if
final legal action determines that the standard is valid and if the
standard that is readopted is not more stringent than the standard
that was found to be defective or preempted.
(E) Adopt or amend an existing or a new standard at any level of
operating efficiency, if the Governor has declared an energy
emergency pursuant to Section 8558 of the Government Code.
(5) Notwithstanding paragraph (4), the commission may adopt
standards pursuant to commission order No. 84-0111-1, on or before
June 30, 1985.
(d) Recommend minimum standards of efficiency for the operation of
a new facility at a particular site that are technically and
economically feasible. A site and related facility shall not be
certified pursuant to Chapter 6 (commencing with Section 25500),
unless the applicant certifies that standards recommended by the
commission have been considered. The certification shall include a
statement specifying the extent to which conformance with the
recommended standards will be achieved.
Whenever this section and Chapter 11.5 (commencing with Section
19878) of Part 3 of Division 13 of the Health and Safety Code are in
conflict, the commission shall be governed by that chapter of the
Health and Safety Code to the extent of the conflict.
(e) The commission shall do all of the following:
(1) Not later than January 1, 2004, amend regulations in effect on
January 1, 2003, pertaining to the energy efficiency standards for
residential clothes washers to require that residential clothes
washers manufactured on or after January 1, 2007, be at least as
water efficient as commercial clothes washers.
(2) Not later than April 1, 2004, petition the federal Department
of Energy for an exemption from relevant federal regulations
governing energy efficiency standards that are applicable to
residential clothes washers.
(3) Not later than January 1, 2005, report to the Legislature on
its progress with respect to the requirements of paragraphs (1) and
(2).
SEC. 2. Section 25402.1 of the Public Resources Code is amended to
read:
25402.1. (a) In order to implement the requirements of
subdivisions (a) and (b) of Section 25402, the commission shall do
all of the following:
(1) Develop, adopt, or approve one or more computer programs that
will enable contractors, builders, architects, engineers, and
government officials to estimate the energy consumed by residential
and nonresidential buildings, and to demonstrate that their proposed
designs use less energy than the commission prescribed energy budget.
The commission may charge a fee for public use of the programs. The
fee shall be based upon the actual cost of the programs, including
any computer costs.
(2) Prescribe other requirements for compliance software
including, but not limited to, calculation of greenhouse gas
emissions, generation of standards reports, automatic generation of
energy budgets, and minimum modeling capacities.
(3) Review and approve software for use in demonstrating
compliance with the requirements of subdivisions (a) and (b) of
Section 25402.
(4)
(3) Establish a formal process for certification of
compliance options for new products, materials, and calculation
methods which provides for adequate technical and public review to
ensure accurate, equitable, and timely evaluation of certification
applications. Proponents filing applications for new products,
materials, and calculation methods shall provide all information
needed to evaluate the application that is required by the
commission. The commission shall publish annually the results of its
certification decisions and instructions to users and local building
officials concerning requirements for showing compliance with the
building standards for new products, materials, or calculation
methods. The commission may charge and collect a reasonable fee from
applicants to cover the costs under this subdivision. Funds received
by the commission for purposes of this subdivision shall be deposited
in the Energy Resources Programs Account and, notwithstanding
Section 13340 of the Government Code, are continuously appropriated
to the commission for the purposes of this subdivision. Any
unencumbered portion of funds collected as a fee for an application
remaining in the Energy Resources Programs Account after completion
of the certification process for that application shall be returned
to the applicant within a reasonable period of time.
(5)
(4) Include a prescriptive method of complying with the
standards, including design aids such as a manual, sample
calculations, and model structural designs.
(6)
(5) Conduct a pilot project of field testing of actual
residential buildings to calibrate and identify potential needed
changes in the modeling assumptions to increase the accuracy of the
public domain computer program specified in subdivision (a) and to
evaluate the impacts of the standards, including, but not limited to,
the energy savings, cost effectiveness, and the effects on indoor
air quality. The pilot project shall be conducted pursuant to a
contract entered into by the commission. The commission shall consult
with the participants designated pursuant to Section 9202 of the
Public Utilities Code to seek funding and support for field
monitoring in each public utility service territory, with the
University of California to take advantage of its extensive building
monitoring expertise, and with the California Building Industry
Association to coordinate the involvement of builders and developers
throughout the state. The pilot project shall include periodic public
workshops to develop plans and review progress. The commission shall
prepare and submit a report to the Legislature on progress and
initial findings not later than December 31, 1988, and a final report
on the results of the pilot project on residential buildings not
later than June 30, 1990. The report shall include recommendations
regarding the need and feasibility of conducting further monitoring
of actual residential and nonresidential buildings. The report shall
also identify any revisions to the public domain computer program and
energy conservation standards if the pilot project determines that
revisions are appropriate.
(7)
(6) Certify, not later than 180 days after approval of
the standards by the State Building Standards Commission, an energy
conservation manual for use by designers, builders, and contractors
of residential and nonresidential buildings. The manual shall be
furnished upon request at a price sufficient to cover the costs of
production and shall be distributed at no cost to all affected local
agencies. The manual shall contain, but not be limited to, the
following:
(A) The standards for energy conservation established by the
commission.
(B) Forms, charts, tables, and other data to assist designers and
builders in meeting the standards.
(C) Design suggestions for meeting or exceeding the standards.
(D) Any other information which the commission finds will assist
persons in conforming to the standards.
(E) Instructions for use of the computer program for calculating
energy consumption in residential and nonresidential buildings.
(F) The prescriptive method for use as an alternative to the
computer program.
(b) The commission shall establish a continuing program of
technical assistance to local building departments in the enforcement
of subdivisions (a) and (b) of Section 25402 and this section. The
program shall include the training of local officials in building
technology and enforcement procedures related to energy conservation,
and the development of complementary training programs conducted by
local governments, educational institutions, and other public or
private entities. The technical assistance program shall include the
preparation and publication of forms and procedures for local
building departments in performing the review of building plans and
specifications. The commission shall provide, on a contract basis, a
review of building plans and specifications submitted by a local
building department, and shall adopt a schedule of fees sufficient to
repay the cost of those services.
(c) Subdivisions (a) and (b) of Section 25402 and this section,
and the rules and regulations of the commission adopted pursuant to
those provisions, shall be enforced by the building department of a
city, county, or city and county.
(1) A building permit for a residential or nonresidential
building shall not be issued by a local building department, unless a
review by the building department of the plans for the proposed
residential or nonresidential building contains detailed energy
system specifications and confirms that the building satisfies the
minimum standards established pursuant to subdivision (a) or (b) of
Section 25402 and this section applicable to the building.
(2) Where there is no local building department, the commission
shall enforce subdivisions (a) and (b) of Section 25402 and this
section.
(3) If a local building department fails to enforce subdivisions
(a) and (b) of Section 25402 and this section or any other provision
of this chapter or standard adopted pursuant to those provisions, the
commission may provide enforcement after furnishing 10 days' written
notice to the local building department.
(4) A city, county, or city and county may, by ordinance or
resolution, prescribe a schedule of fees sufficient to pay the costs
incurred in the enforcement of subdivisions (a) and (b) of Section
25402 and this section. The commission may establish a schedule of
fees sufficient to pay the costs incurred by that enforcement.
(5) The construction of a state building shall not commence until
the Department of General Services or the state agency that otherwise
has jurisdiction over the property reviews the plans for the
proposed building and certifies that the plans satisfy the minimum
standards established pursuant to subdivision (a) or (b) of Chapter
2.8 (commencing with Section 15814.30) of Part 10b of Division 3 of
Title 2 of the Government Code, Section 25402, and this section which
are applicable to the building.
(d) Subdivisions (a) and (b) of Section 25402 and this section
shall apply only to new residential and nonresidential buildings on
which actual site preparation and construction have not commenced
prior to the effective date of rules and regulations adopted pursuant
to those sections that are applicable to those buildings. Nothing in
those sections shall prohibit either of the following:
(1) The enforcement of state or local energy conservation or
energy insulation standards, adopted prior to the effective date of
rules and regulations adopted pursuant to subdivisions (a) and (b) of
Section 25402 and this section with regard to residential and
nonresidential buildings on which actual site preparation and
construction have commenced prior to that date.
(2) The enforcement of city or county energy conservation or
energy insulation standards, whenever adopted, with regard to
residential and nonresidential buildings on which actual site
preparation and construction have not commenced prior to the
effective date of rules and regulations adopted pursuant to
subdivisions (a) and (b) of Section 25402 and this section, if the
city or county files the basis of its determination that the
standards are cost effective with the commission and the commission
finds that the standards will require the diminution of energy
consumption levels permitted by the rules and regulations adopted
pursuant to those sections. If, after two or more years after the
filing with the commission of the determination that those standards
are cost effective, there has been a substantial change in the
factual circumstances affecting the determination, upon application
by an interested party, the city or county shall update and file a
new basis of its determination that the standards are cost effective.
The determination that the standards are cost effective shall be
adopted by the governing body of the city or county at a public
meeting. If, at the meeting on the matter, the governing body
determines that the standards are no longer cost effective, the
standards shall, as of that date, be unenforceable and no building
permit or other entitlement shall be denied based on the
noncompliance with the standards.
(e) The commission may exempt from the requirements of this
section and of any regulations adopted pursuant thereto any proposed
building for which compliance would be impossible without substantial
delays and increases in cost of construction, if the commission
finds that substantial funds have been expended in good faith on
planning, designing, architecture or engineering prior to the date of
adoption of the regulations.
(f) If a dispute arises between an applicant for a building
permit, or the state pursuant to paragraph (5) of subdivision (c),
and the building department regarding interpretation of Section 25402
or the regulations adopted pursuant to that section, either party
may submit the dispute to the commission for resolution. The
commission's determination of the matter shall be binding on the
parties.
(g) Nothing in Section 25130, 25131, or 25402, or in this section
prevents enforcement of a regulation adopted pursuant to this
chapter, or Chapter 11.5 (commencing with Section 19878) of Part 3 of
Division 13 of the Health and Safety Code as they existed prior to
September 16, 1977.