BILL NUMBER: AB 2112 INTRODUCED
BILL TEXT
INTRODUCED BY Assembly Members Saldana and Lieu
FEBRUARY 20, 2008
An act to amend Section 25402 of the Public Resources Code,
relating to energy.
LEGISLATIVE COUNSEL'S DIGEST
AB 2112, as introduced, Saldana. Energy: building standards.
The Warren-Alquist State Energy Resources Conservation and
Development Act requires the State Energy Resources Conservation and
Development Commission to adopt building design and construction
standards, and energy and water conservation standards to reduce the
wasteful, uneconomic, inefficient, or unnecessary consumption of
energy, including energy associated with the use of water.
This bill would require the commission to adopt, in collaboration
with specified parties, building design and construction standards,
and energy and water conservation standards to require new
residential constructions commenced on or after January 1, 2020, and
new nonresidential constructions commenced on or after January 1,
2030, to be zero net energy buildings.
This bill would define the term "zero net energy building."
This bill would also make a technical change by deleting an
obsolete statutory cross-reference.
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, including the
energy associated with the use of water:
(a) (1) Prescribe, by regulation, lighting, insulation climate
control system, and other building design and construction standards
that increase the efficiency in the use of energy and water for new
residential and new nonresidential buildings. 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, no a city, county,
city and county, or state agency shall not
issue a permit for any a building
unless the building satisfies the standards prescribed by the
commission pursuant to this subdivision or subdivision (b) that are
in effect on the date an application for a building permit is filed.
Water efficiency standards adopted pursuant to this subdivision shall
be demonstrated by the commission to be necessary to save energy.
(2) Prior to adopting a water efficiency standard for residential
buildings, the Department of Housing and Community Development and
the commission shall issue a joint finding whether the standard (A)
is equivalent or superior in performance, safety, and for the
protection of life, health, and general welfare to standards in Title
24 of the California Code of Regulations and (B) does not
unreasonably or unnecessarily impact the ability of Californians to
purchase or rent affordable housing, as determined by taking account
of the overall benefit derived from water efficiency standards.
Nothing in this subdivision in any way reduces the authority of the
Department of Housing and Community Development to adopt standards
and regulations pursuant to Part 1.5 (commencing with Section 17910)
of Division 13 of the Health and Safety Code.
(3) Water efficiency standards and water conservation design
standards adopted pursuant to this subdivision and subdivision (b)
shall be consistent with the legislative findings of this division to
ensure and maintain a reliable supply of electrical energy and be
equivalent to or superior to the performance, safety, and protection
of life, health, and general welfare standards contained in Title 24
of the California Code of Regulations. The commission shall consult
with the members of the coordinating council as established in
Section 18926 of the Health and Safety Code in the development of
these standards.
(b) (1) Prescribe, by regulation, energy and water 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 and water. 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). Water
conservation design standards adopted pursuant to this subdivision
shall be demonstrated by the commission to be necessary to save
energy. Prior to adopting a water conservation design standard for
residential buildings, the Department of Housing and Community
Development and the commission shall issue a joint finding whether
the standard (A) is equivalent or superior in performance, safety,
and for the protection of life, health, and general welfare to
standards in the California Building Standards Code and (B) does not
unreasonably or unnecessarily impact the ability of Californians to
purchase or rent affordable housing, as determined by taking account
of the overall benefit derived from the water conservation design
standards. Nothing in this subdivision in any way reduces the
authority of the Department of Housing and Community Development to
adopt standards and regulations pursuant to Part 1.5 (commencing with
Section 17910) of Division 13 of the Health and Safety Code.
(2) In order to increase public participation and improve the
efficacy of the standards adopted pursuant to subdivisions (a) and
(b), the commission shall, prior to publication of the notice of
proposed action required by Section 18935 of the Health and Safety
Code, involve parties who would be subject to the proposed
regulations in public meetings regarding the proposed regulations.
All potential affected parties shall be provided advance notice of
these meetings and given an opportunity to provide written or oral
comments. During these public meetings, the commission shall receive
and take into consideration input from all parties concerning the
parties' design recommendations, cost considerations, and other
factors that would affect consumers and California businesses of the
proposed standard. The commission shall take into consideration prior
to the start of the notice of proposed action any input provided
during these public meetings.
(3) The standards adopted or revised pursuant to subdivisions (a)
and (b) shall be cost-effective when taken in their entirety and when
amortized over the economic life of the structure compared with
historic practice. When determining cost-effectiveness, the
commission shall consider the value of the water or energy saved,
impact on product efficacy for the consumer, and the life cycle cost
of complying with the standard. The commission shall consider other
relevant factors, as required by Sections 18930 and 18935 of the
Health and Safety Code, including, but not limited to, the impact on
housing costs, the total statewide costs and benefits of the standard
over its lifetime, economic impact on California businesses, and
alternative approaches and their associated costs.
(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 and water consumption labeling not
preempted by federal labeling law, and consumer education programs,
to promote the use of energy and water efficient appliances whose
use, as determined by the commission, requires a significant amount
of energy or water 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
energy or water consumption growth rates. The standards shall become
effective no sooner than one year after the date of adoption or
revision. No A new appliance
manufactured on or after the effective date of the standards
may 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 for consumers over
the designed life of the appliances concerned.
In order to increase public participation and improve the efficacy
of the standards adopted pursuant to this subdivision, the
commission shall, prior to publication of the notice of proposed
action required by Section 18935 of the Health and Safety Code,
involve parties who would be subject to the proposed regulations in
public meetings regarding the proposed regulations. All potential
affected parties shall be provided advance notice of these meetings
and given an opportunity to provide written or oral comments. During
these public meetings, the commission shall receive and take into
consideration input from all parties concerning the parties' design
recommendations, cost considerations, and other factors that would
affect consumers and California businesses of the proposed standard.
The commission shall take into consideration prior to the start of
the notice of proposed action any input provided
during these public meetings.
The standards adopted or revised pursuant to this subdivision
shall not result in any added total costs for
consumers over the designed life of the appliances concerned. When
determining cost-effectiveness, the commission shall consider the
value of the water or energy saved, impact on product efficacy for
the consumer, and the life cycle cost to the consumer of complying
with the standard. The commission shall consider other relevant
factors, as required by Sections 11346.5 and 11357 of the Government
Code, including, but not limited to, the impact on housing costs, the
total statewide costs and benefits of the standard over its
lifetime, economic impact on California businesses, and alternative
approaches and their associated costs.
(2) No A new appliance, except for
any plumbing fitting, regulated under paragraph (1), that is
manufactured on or after July 1, 1984, may
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 an increase or decrease in the
minimum level of operating efficiency required by the standard for
that appliance shall not 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
a standard adopted under this subdivision on or before June
30, 1985, prescribing minimum levels of operating efficiency or other
energy conservation measures for any 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. Before January 1,
1986, the commission shall not take any action to
increase a standard prescribing minimum levels of operating
efficiency for any an appliance or
adopt a new standard under paragraph (1). Before January 1, 1986,
any 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 any
sales information of an individual manufacturer as confidential and
that information shall not be a public record. The commission shall
not request any 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, and the justification to adopt or amend a
standard for the appliance. 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 any 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 any existing or new standard at any level of
operating efficiency, if the Governor has declared an energy
emergency as described in 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
any a new facility at a particular
site that are technically and economically feasible. No
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, which 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 any 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 any 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).
(f) (1) The standards adopted by the commission pursuant to
subdivision (a) or (b) shall require a new residential construction
commenced on or after January 1, 2020, and a new nonresidential
construction commenced on or after January 1, 2030, to be a zero net
energy building.
(2) For the purposes of this subdivision, the term "zero net
energy building" means a building that implements a combination of
building energy efficiency design features and onsite distributed
generation that result in no net purchases from the electricity or
gas grid on an annual basis.
(3) In developing the standards pursuant this subdivision, the
commission shall consult with the Public Utilities Commission, the
electric and gas utilities, and other interested parties.