BILL NUMBER: AB 785 ENROLLED
BILL TEXT
PASSED THE SENATE SEPTEMBER 11, 2007
PASSED THE ASSEMBLY SEPTEMBER 12, 2007
AMENDED IN SENATE AUGUST 31, 2007
AMENDED IN SENATE JULY 16, 2007
AMENDED IN SENATE JUNE 26, 2007
AMENDED IN ASSEMBLY JUNE 1, 2007
AMENDED IN ASSEMBLY MAY 8, 2007
AMENDED IN ASSEMBLY APRIL 30, 2007
AMENDED IN ASSEMBLY APRIL 16, 2007
AMENDED IN ASSEMBLY APRIL 9, 2007
INTRODUCED BY Assembly Member Hancock
(Principal coauthor: Assembly Member Leno)
FEBRUARY 22, 2007
An act to amend Section 7028.7 of, and to add Section 7110.05 to,
the Business and Professions Code, and to amend Sections 43812 and
43813 of, and to add Sections 39619.7 and 39619.8 to, the Health and
Safety Code, relating to energy efficiency.
LEGISLATIVE COUNSEL'S DIGEST
AB 785, Hancock. Energy efficiency measures.
(1) Existing law, the Contractors' State License Law, provides for
the licensure and regulation of contractors by the Contractors'
State License Board. Under existing law, a citation may be issued to,
and penalties assessed against, a person acting in the capacity of
or engaging in the business of a contractor without a license. Under
existing law, the board may take disciplinary action against a
contractor for committing specified acts. Existing law makes state or
local agencies responsible for the enforcement of building
standards.
This bill would make unlicensed contractors who fail to comply
with the building energy efficiency standards subject to a civil
penalty of not less than $2,000. The bill would specify that the
failure of a licensee to comply with the building energy efficiency
standards constitutes a cause for disciplinary action. The bill would
also specify that the failure of a licensee to obtain a building
permit, in specified circumstances, shall be subject to a citation
and a civil penalty for not less than $500. The bill would require
the board, beginning July 1, 2010, and each fiscal year thereafter,
to compile data and to submit a report to the Legislature no later
than the first business day in October, that includes the number of
penalties assessed by the board against licensees and unlicensed
contractors for failure to comply with these standards. The bill
would require the State Energy Resources Conservation and Development
Commission to collaborate with the board with respect to identifying
and investigating the failure of licensees and unlicensed
contractors to comply with these provisions.
(2) Under existing law, the State Air Resources Board is
responsible for control of air pollution from vehicular sources.
Under existing federal law, the Lawrence Berkeley National
Laboratory, which is responsible for science and engineering
research, is owned by the United States Department of Energy. The
State Energy Resources Conservation and Development Commission has
responsibilities with respect to the control of emissions of
greenhouse gases.
This bill would require the State Air Resources Board and the
State Energy Resources Conservation and Development Commission to
develop a coordinated plan for how to use urban heat island
mitigation measures and would authorize those entities, in developing
that plan, to involve the Lawrence Berkeley National Laboratory and
any other state and local agencies that desire to participate. The
bill would require the State Air Resources Board and the State Energy
Resources Conservation and Development Commission to submit a report
to the Legislature by November 1, 2009, that includes the
recommendations and status of the coordinated plan. The bill would
also require the State Energy Resources Conservation and Development
Commission to include that report in the 2009 integrated energy
policy report.
(3) Under existing law, the California Energy-Efficient Vehicle
Group Purchase Program, the state encourages the purchase of
energy-efficient vehicles, as defined. Under existing law, the
Department of General Services is required to negotiate on behalf of
local and state agencies through a group-purchasing program that uses
the purchasing leverage of these agencies to lower the purchase
price of those vehicles.
This bill would revise the definition of "energy-efficient vehicle"
to include a highly reflective colored vehicle that meets other
specified requirements. The bill would define "highly reflective
colored vehicle" in this context to include vehicles painted with
white, metallic gold, or metallic silver exterior paint, as
specified, or with colors other than white, metallic gold, or
metallic silver if a specified study reveals that other highly
reflective colors have been developed. The bill would require the
department to procure highly reflective colored vehicles, as
specified.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. It is the intent of the Legislature to enact
legislation that mitigates the urban heat island effect by reducing
summertime urban air temperatures. Reducing the effect of urban heat
islands will help address the impact of rising temperatures
associated with global warming, and therefore improve air quality,
reduce energy use, and improve overall thermal comfort.
SEC. 2. The Legislature finds and declares all of the following:
(a) The term "heat island" refers to urban air and surface
temperatures that are sometimes nearly 10 degrees Fahrenheit higher
than nearby rural areas. Pavement, buildings, low reflective building
roofs, and other infrastructure that absorb the sun's radiation and
trap heat, result in increased temperature in urban areas.
(b) Average temperatures throughout California rose nearly two
degrees Fahrenheit between 1950 and 2000, with urban areas leading
the trend to warmer conditions, according to a study by scientists at
NASA and California State University, Los Angeles. The combined
effect of the urban heat island phenomena and rising temperatures
resulting from global warming affects the health of Californians
since higher temperatures and high-heat days increase smog,
contribute to heat-related fatalities, and overburden our electricity
systems.
(c) Higher temperatures from the urban heat island effect are
responsible for 5 to 10 percent of urban peak electric demand from
air-conditioners, and as much as 20 percent of population-weighted
smog concentrations in urban areas.
(d) The urban heat island effect poses a serious threat to the
economic well-being, public health, natural resources, and the
environment of California.
(e) A distinction between urban heat islands and global warming
exists. Heat islands describe local-scale temperature differences,
generally between urban and rural areas. In contrast, global warming
refers to a gradual rise of the earth's surface temperature. While
they are distinct phenomena, summertime heat islands both intensify
the effect of rising temperatures due to global warming and may
contribute to global warming by increasing demand for
air-conditioning, which results in additional powerplant emissions of
heat-trapping greenhouse gases. Strategies to reduce heat islands,
therefore, can mitigate the impacts of rising temperatures and also
reduce the emissions that contribute to global warming.
(f) California's building energy efficiency standards specified in
Part 6 of Title 24 of the California Code of Regulations include
specifications for cool roofing materials and other measures to newly
constructed buildings and alterations or additions to existing
buildings. Effective application of these standards will increase the
level of energy efficiency of California's buildings and reduce the
impacts of both urban heat islands and global warming and thus
California's ability to cope with warming from climate changes that
may be unavoidable.
(g) Simple changes that increase the reflectivity and thermal
emittance of roofs on our buildings, as well as measures that
increase the reflectivity of paved surfaces, can significantly reduce
temperatures, cooling our cities and help protect the public health
of all Californians. In addition, proper planting of trees, shrubs,
and other plants to shade buildings and intercept solar radiation
will greatly benefit the urban areas.
(h) Vehicles painted with exterior paint that is highly
reflective, reflecting 50 percent or more of the sun's rays, such as
the colors white, metallic gold, or metallic silver, save energy by
reducing the "soak" air temperature inside the cabin of a vehicle
parked in direct sunlight. This permits the installation of a
smaller, lighter-weight, and more fuel efficient air-conditioner.
(i) California's building energy efficiency standards, specified
in Part 6 of Title 24 of the California Code of Regulations,
represents a state resource for accomplishing increased building
energy efficiency, not only in newly constructed buildings but also
in additions and alterations to existing buildings. These standards
are recognized as leading the nation in energy savings and serving as
one of the primary energy policy tools that has resulted in
California's per capita energy use staying essentially constant over
the past 30 years while that of the rest of the United States
increased steadily.
(j) The effectiveness of the building energy efficiency standards
is dependent on the conscientious efforts of licensed contractors in
California to build buildings and install equipment in compliance
with the standards.
(k) The Governor and the Legislature recognize that many buildings
are being reroofed without a permit. Contractors operating in the
underground economy are in flagrant violation of California
contracting law. In particular, contractors operating without a
license, and whether licensed or not, willfully and deliberately fail
to obtain a building permit and willfully and deliberately failing
to comply with the building laws of the state. Unlicensed and
licensed contractors who market their services with these underground
practices represent unfair competition, undercutting legitimate
contractors who endeavor to conscientiously comply with contracting
and building laws. This underground activity denies state and local
governments of license and building permit revenue, diminishing the
ability of state and local agencies to provide enforcement services
intended to ensure compliance with these laws. These practices
particularly damage and diminish the potential for conscientious
compliance with the building energy efficiency standards.
(l) The mission of the Contractors' State License Board is to
protect consumers by regulating contractors to promote the health,
safety, and general welfare of the public in matters related to
construction. As a part of fulfilling this mission, it is important
for the board's enforcement program to include efforts to eradicate
the underground practice of performing construction work without
building permits and failing to comply with the building energy
efficiency standards. It has become critically important for the
board to send a strong, definitive message to those whose objective
is illegal financial gain at the expense of safe building practices
and energy efficiency. In particular, the board should not tolerate
illegal practices related to the building energy efficiency
standards. These violations eventually result in a substantial
financial loss to consumers who purchase the relevant services, and
epitomize unfair competition that dramatically impacts the economic
viability of legitimate businesses. It is also important to foster a
business climate favorable to legitimate competition, so that
conscientious contractors are able to sustain their businesses by
performing quality construction and installing efficient
energy-related equipment in compliance with the building energy
efficiency standards. Notably, the mitigation of the urban heat
island effect will be a significant and beneficial result of the
board's enforcement activities.
SEC. 3. Section 7028.7 of the Business and Professions Code is
amended to read:
7028.7. (a) If upon inspection or investigation, either upon
complaint or otherwise, the registrar has probable cause to believe
that a person is acting in the capacity of or engaging in the
business of a contractor or salesperson within this state without
having a license or registration in good standing to so act or
engage, and the person is not otherwise exempted from this chapter,
the registrar shall issue a citation to that person. Within 72 hours
of receiving notice that a public entity is intending to award, or
has awarded, a contract to an unlicensed contractor, the registrar
shall give written notice to the public entity that a citation may be
issued if a contract is awarded to an unlicensed contractor. If
after receiving the written notice from the registrar that the public
entity has awarded or awards the contract to an unlicensed
contractor, the registrar may issue a citation to the responsible
officer or employee of the public entity as specified in Section
7028.15. Each citation shall be in writing and shall describe with
particularity the basis of the citation. Each citation shall contain
an order of abatement and an assessment of a civil penalty in an
amount not less than two hundred dollars ($200) nor more than fifteen
thousand dollars ($15,000). With the approval of the Contractors'
State License Board, the registrar shall prescribe procedures for the
issuance of a citation under this section. The Contractors' State
License Board shall adopt regulations covering the assessment of a
civil penalty that shall give due consideration to the gravity of the
violation, and any history of previous violations. The sanctions
authorized under this section shall be separate from, and in addition
to, all other remedies either civil or criminal.
(b) Any person described in subdivision (a) who fails to comply
with the building energy efficiency standards specified in Part 6 of
Title 24 of the California Code of Regulations shall also be subject
to a civil penalty in an amount not less than two thousand dollars
($2,000). This sanction shall be separate from, and in addition to,
all other remedies either civil or criminal.
SEC. 4. Section 7110.05 is added to the Business and Professions
Code, to read:
7110.05. (a) The failure of a licensee to comply with the
building energy efficiency standards specified in Part 6 of Title 24
of the California Code of Regulations constitutes a cause for
disciplinary action.
(b) A licensee who fails to obtain a building permit prior to
commencement of a work of improvement subject to the standards
described in subdivision (a) shall be subject to a citation and an
assessment of a civil penalty in an amount not less than five hundred
dollars ($500). Prior to issuing a penalty pursuant to this section,
due consideration shall be given to subdivisions (b), (c), and (d)
of Section 884 of Division 8 of Title 16 of the California Code of
Regulations.
(c) Beginning with the fiscal year commencing on July 1, 2010, and
each fiscal year thereafter, the board shall compile the essential
data necessary to create a report identifying the number of civil
penalties that the board assessed during the previous fiscal year
against licensees and unlicensed contractors for failure to comply
with the standards described in subdivision (a) of this section and
subdivision (b) of Section 7028.7. This report shall be submitted to
the Legislature no later than the first business day in October of
each year.
(d) The State Energy Resources Conservation and Development
Commission shall collaborate with the board to identify and
investigate the failure of licensees and unlicensed contractors to
comply with the building energy efficiency standards and to obtain
building permits.
SEC. 5. Section 39619.7 is added to the Health and Safety Code, to
read:
39619.7. (a) The State Air Resources Board and the State Energy
Resources Conservation and Development Commission shall develop a
coordinated plan for how to use urban heat island mitigation
measures. In developing that plan, the State Air Resources Board and
the State Energy Resources Conservation and Development Commission
may involve the Lawrence Berkeley National Laboratory and any other
state and local agencies that desire to participate.
(b) The State Air Resources Board and the State Energy Resources
Conservation and Development Commission shall submit a report to the
Legislature by November 1, 2009, on the recommendations and status of
the coordinated plan.
(c) The State Energy Resources Conservation and Development
Commission shall also include the report prepared pursuant to
subdivision (b) in the 2009 integrated energy policy report prepared
pursuant to Chapter 4 (commencing with Section 25300) of Division 15
of the Public Resources Code.
SEC. 6. Section 39619.8 is added to the Health and Safety Code, to
read:
39619.8. The Legislature acknowledges and encourages the
continued cooperation of the State Air Resources Board, the State
Energy Resources Conservation and Development Commission, and the
Lawrence Berkeley National Laboratory to study the following:
(a) The development of exterior vehicle paints that are highly
reflective, reflecting 50 percent or more of the sun's rays, in
colors other than white, metallic gold, or metallic silver, which
shall include research, practice, and costs.
(b) Statewide energy and air quality benefits of exterior vehicle
paints that are highly reflective, reflecting 50 percent or more of
the sun's rays.
SEC. 7. Section 43812 of the Health and Safety Code is amended to
read:
43812. For the purposes of this article, the following
definitions apply:
(a) "Department" means the Department of General Services.
(b) "Director" means the Director of General Services.
(c) "Energy-efficient vehicle" means any of the following:
(1) A vehicle that meets California's super ultralow emission
vehicle (SULEV) standard for exhaust emissions and the federal
inherently low-emission vehicle (ILEV) evaporative emission standard,
as defined in Part 88 (commencing with Section 88.101-94) of Title
40 of the Code of Federal Regulations.
(2) A hybrid vehicle or an alternative fuel vehicle that meets
California's advanced technology partial zero-emission vehicle (AT
PZEV) standard for criteria pollutant emissions.
(3) A highly reflective colored vehicle that also meets the
requirements of paragraph (1) or (2).
(d) "Local agency" means any governmental subdivision, district,
public and quasi-public corporation, joint powers agency, public
agency or public service corporation, authority, agency, board,
commission, town, city, county, city and county, fire district,
special district, school district, public utility, community college,
or municipal corporation, whether incorporated or not or whether
chartered or not, or any other public entity.
(e) "State agency" means any department, division, board, bureau,
commission, or other authority of the State of California, the
University of California, or the California State University.
(f) "Highly reflective colored vehicle" means a vehicle painted
with exterior vehicle paint that is highly reflective, such as white,
metallic gold, or metallic silver. In addition, if the study
described in Section 39619.8 reveals that exterior vehicle paints
that are highly reflective, in colors other than white, metallic
gold, or metallic silver, have been developed, a vehicle painted with
exterior vehicle paint in one of those colors shall be deemed to be
a highly reflective colored vehicle.
(g) As used in this section, exterior vehicle paint shall be
deemed to be "highly reflective" if it reflects 50 percent or more of
the sun's rays.
SEC. 8. Section 43813 of the Health and Safety Code is amended to
read:
43813. (a) There is established in the Department of General
Services an energy-efficient vehicle group purchase program. The
department shall procure highly reflective colored vehicles as
described in paragraph (3) of subdivision (c) and subdivision (f) of
Section 43812. The department shall negotiate the lowest possible
purchase price, with one or more vendors, for energy-efficient
vehicles on behalf of state and local agencies that are interested in
obtaining those vehicles.
(b) In administering the program, the Director of General Services
shall do all of the following:
(1) No later than April 1, 2006, establish an advisory committee,
in cooperation with local and state agencies as defined in Section
43812.
(A) The committee shall meet at least once no later than 30 days
after all members are appointed.
(B) The committee shall consult with the department regarding the
design of the program and other matters relating to the purchase of
energy-efficient vehicles, no later than July 30, 2006.
(2) Notify all affected agencies about the purchasing program
through the department's Internet Web site and publications, the
Internet Web sites of appropriate associations, governing boards of
local agency associations, and other cost-effective means.
(3) After consultation with the committee pursuant to subparagraph
(B) of paragraph (1) of subdivision (b), the director shall
negotiate contracts, through competitive means and other appropriate
strategies, for the purchase of energy-efficient vehicles at the
lowest possible price from one or more reliable vendors.
(4) Include a provision in the vendor contract allowing any state
or local agency to purchase energy-efficient vehicles directly from
the vendor at the contract price.
(c) The department may recover its actual administrative costs
from program participants.
(d) Nothing in this article shall be construed as superseding or
precluding any similar program that is administered by a district,
any other public agency, or any other person.