BILL ANALYSIS                                                                                                                                                                                                    �




                   Senate Appropriations Committee Fiscal Summary
                           Senator Christine Kehoe, Chair


          AB 1850 (Calderon) - Energy: appliance efficiency.
          
          Amended: August 6, 2012         Policy Vote: EU&C 7-1
          Urgency: No                     Mandate: No
          Hearing Date: August 6, 2012                           
          Consultant: Brendan McCarthy    
          
          This bill meets the criteria for referral to the Suspense File.
          
          
          Bill Summary: AB 1850 would make several changes to the Energy 
          Commission's procedures for adopting energy efficiency standards 
          for appliances, both to the process in general and to a specific 
          energy efficiency standard for battery chargers.

          Fiscal Impact: The Energy Commission is likely to experience 
          increased staff costs due to the need to collect new information 
          before adopting energy efficiency standards. Such additional 
          costs could be in the tens of thousands to hundreds of thousands 
          (General Fund).

          Background: Under current law, the California Energy Commission 
          is required to adopt regulatory energy efficiency standards for 
          appliances sold in the state. Energy efficiency standards cannot 
          result in any added costs to consumers over the lifetime of the 
          appliance.

          Under current law, once the Energy Commission has adopted an 
          energy efficiency standard, it cannot change that standard for 
          five years, unless another cost-effective standard for that 
          appliance is adopted.

          In January of 2012, the Energy Commission adopted energy 
          efficiency standards for battery chargers, including a labeling 
          requirement to signify compliance. The standards for consumer 
          chargers go into effect February 1, 2013 and the standards for 
          industrial chargers go into effect on January 1, 2014.

          The federal Department of Energy is currently considering energy 
          efficiency standards for battery chargers, including a labeling 
          requirement. The efficiency standards and labeling requirement 
          in the proposed federal rules are different from the recently 








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          adopted state standards. Under federal law, the federal 
          standards would preempt the state standards. The Energy 
          Commission considers the proposed federal regulations to be less 
          stringent that the state standards. 

          Proposed Law: AB 1850 would make several changes to the Energy 
          Commission's procedures for adopting energy efficiency standards 
          for appliances, both to the process in general and to a specific 
          standard.

          Specifically, the bill:
              Would prohibit enforcement of the labeling requirement for 
              battery chargers if the federal Department of Energy has 
              adopted federal standards by January 31, 2013 that would 
              take effect by July 1, 2013.
              Would require that battery charger labeling regulations 
              adopted by the Energy Commission would remain in effect only 
              until federal regulations are adopted for those appliances.
              Would authorizes the Energy Commission to change a 
              regulation within five years of adoption if it finds that 
              the regulation is no longer needed.
              Would requires the Energy Commission, when adopting energy 
              efficiency standards, to rely on the most current data 
              available including data less than one year old, when 
              feasible.

          Related Legislation: SB 1198 (Huff, Chapter 486, Statutes of 
          2010) delayed the implementation of energy efficiency standards 
          for televisions by six months, based on pending federal 
          standards.

          Staff Comments: Under current practice, the Energy Commission 
          begins researching proposed energy efficiency standards well 
          before beginning the formal rulemaking process. This allows the 
          Energy Commission to begin the rulemaking process with a fairly 
          well developed proposal. In many cases, development of proposed 
          standards can take months or years before a formal standard is 
          proposed for adoption. As part of the process for considering 
          proposed standards, the Energy Commission collects a large 
          amount of information on products being sold in the marketplace, 
          the energy use of those projects, and the latest information on 
          potential energy efficiency improvements to those projects. By 
          requiring the Energy Commission to rely on information that is 
          less than one year old when adopting standards, the Commission 








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          will likely have to reacquire a large amount of information at 
          the outset of the rulemaking process - increasing staff costs.