BILL NUMBER: AB 1234 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 30, 2007
AMENDED IN ASSEMBLY APRIL 18, 2007
INTRODUCED BY Assembly Member Wolk
FEBRUARY 23, 2007
An act to amend Section 1941.1 of, and to add Article 1.9
(commencing with Section 1103.50) to Chapter 2 of Title 4 of Part 4
of Division 2 of, the Civil Code, and to add Section 382.5 to the
Public Utilities Code, relating to real property.
LEGISLATIVE COUNSEL'S DIGEST
AB 1234, as amended, Wolk. Real property: furnaces.
(1) Existing law requires specified written disclosures to be made
to prospective transferees of real property and a waiver of these
provisions is declared void as a violation of public policy. Existing
law provides that if a person rents or leases a dwelling unit
located in this state, a dwelling shall be deemed untenable if the
dwelling substantially lacks specified affirmative standard
characteristics, including, but not limited to, effective
waterproofing, plumbing, or gas facilities, and heating facilities
that conformed with applicable law at the time of installation.
This bill would provide that it is the policy of the State of
California that old floor furnaces, as defined, be
replaced in all dwellings in California. The bill would also provide
that on and after January 1, 2014, an old a
floor furnace or any unvented furnace or heating facility
located in the floor of the dwelling shall not be considered as
conforming to applicable law.
(2) Under existing law, the Public Utilities Commission has
regulatory authority over public utilities, including, but not
limited to, electrical corporations and gas corporations, as defined.
Existing law requires the commission to establish a program of
assistance to low-income electric and gas customers, referred to as
the California Alternate Rates for Energy (CARE) program. Existing
law also establishes the Low-Income Oversight Board for the purpose
of advising the commission on low-income electric and gas customer
issues and serving as a liaison for the commission to low-income
ratepayers and representatives. Under existing law, a violation of
the Public Utilities Act or an order or direction of the Public
Utilities Commission is a crime.
This bill would require the Public Utilities Commission, in
consultation with the Low-Income Oversight Board and the gas
corporations or electrical corporations that participate in
the CARE program low-income energy efficiency programs
, to establish a program to replace old gas
furnaces, as defined, in residential dwelling units occupied by
customers eligible for the CARE program
low-income energy efficiency programs , as specified. The bill
would provide that the furnace replacement program shall go into
effect on July 1, 2008, and continue until December 31, 2013. The
bill would further provide that the furnace replacement program shall
be in addition to all other specified programs of assistance for
low-income customers. The bill would provide that the costs to adopt
and implement the furnace replacement program shall be recovered by
the commission, as specified. Because a violation of an order or
decision of the commission implementing the requirements of the bill
would be a crime, the bill would impose a state-mandated local
program.
(3) This bill would make related findings and declarations by the
Legislature.
(4)
(3) The California Constitution requires the
state to reimburse local agencies and school districts for certain
costs mandated by the state. Statutory provisions establish
procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this
act for a specified reason.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. The Legislature finds and declares
all of the following:
(a) The efficiency of new gas furnaces that heat residential
dwelling units has improved by an average of 25 percent since 1975,
due in part to the implementation of appliance efficiency standards
that began in 1978.
(b) The improvements in the efficiency of gas floor and wall
furnaces have been accompanied by safety improvements that reduce
emissions of carbon monoxide and other harmful air pollutants that
endanger public health.
(c) California has a large number of residential dwelling units
that are more than 30 years old and have gas floor and wall furnaces
that predate the improvements in furnace efficiency and safety.
(d) Residential dwellings with old gas floor furnaces that lack
vents or flues and pose potential fire or other safety hazards that
make the disclosure of these floor heaters a matter of public
interest.
(e) It is a matter of public interest to promote the replacement
of old and inefficient gas floor and wall furnaces lacking safety
features with new furnaces that are safer and more energy efficient.
SEC. 2. SECTION 1. Article 1.9
(commencing with Section 1103.50) is added to Chapter 2 of Title 4 of
Part 4 of Division 2 of the Civil Code, to read:
Article 1.9. Replacement of Old Floor Furnaces in Dwelling
Units
1103.50. For purposes of this article, the following
definitions shall apply:
(a) "Floor
"floor" furnace" means a floor furnace as
described in Section 1602(e) of Title 20 of the California Code of
Regulations.
(b) "Old floor furnace" means a floor furnace that is more than 30
years old.
(c) "Old wall furnace" means a wall furnace as described in
Section 1602(e) of Title 20 of the California Code of Regulations
that is more than 30 years old.
1103.51. It is the policy of the State of California that
old floor furnaces shall be replaced in all
dwellings in California.
SEC. 3. SEC. 2. Section 1941.1 of the
Civil Code is amended to read:
1941.1. A dwelling shall be deemed untenantable for purposes of
Section 1941 if it substantially lacks any of the following
affirmative standard characteristics or is a residential unit
described in Section 17920.3 or 17920.10 of the Health and Safety
Code:
(a) Effective waterproofing and weather protection of roof and
exterior walls, including unbroken windows and doors.
(b) Plumbing or gas facilities that conformed to applicable law in
effect at the time of installation, maintained in good working
order.
(c) A water supply approved under applicable law that is under the
control of the tenant, capable of producing hot and cold running
water, or a system that is under the control of the landlord, that
produces hot and cold running water, furnished to appropriate
fixtures, and connected to a sewage disposal system approved under
applicable law.
(d) Heating facilities that conformed with applicable law at the
time of installation, maintained in good working order. On and after
January 1, 2014, an old a floor furnace
as defined in subdivision (b) of Section 1103.50
or any unvented furnace or heating facility located in the floor of
the dwelling shall not be considered as conforming to applicable law.
(e) Electrical lighting, with wiring and electrical equipment that
conformed with applicable law at the time of installation,
maintained in good working order.
(f) Building, grounds, and appurtenances at the time of the
commencement of the lease or rental agreement, and all areas under
control of the landlord, kept in every part clean, sanitary, and free
from all accumulations of debris, filth, rubbish, garbage, rodents,
and vermin.
(g) An adequate number of appropriate receptacles for garbage and
rubbish, in clean condition and good repair at the time of the
commencement of the lease or rental agreement, with the landlord
providing appropriate serviceable receptacles thereafter and being
responsible for the clean condition and good repair of the
receptacles under his or her control.
(h) Floors, stairways, and railings maintained in good repair.
SEC. 4. SEC. 3. Section 382.5 is
added to the Public Utilities Code, to read:
382.5. (a) For purposes of this section, the following
definitions shall apply:
(1) "Old gas furnace" means an old floor furnace or old wall
furnace as described in Section 1103.50 of the Civil Code.
(1) "Gas furnace" means a floor furnace as described in Section
1103.50 of the Civil Code.
(2) "Residential dwelling unit" means a detached home, mobilehome,
manufactured home, or a unit in a multifamily structure occupied by
either the owner or a tenant.
(b) The commission, in consultation with the Low-Income Oversight
Board and the gas corporations or electrical corporations that
participate in the California Alternate Rates for Energy
(CARE) program low-income energy efficiency programs
, shall establish a program to take effect on July 1, 2008, and
to continue to December 31, 2013, inclusive, to replace old
gas furnaces in residential dwelling units occupied by customers
eligible for the CARE program replace gas floor
furnaces in residential dwelling units occupied by customers eligible
for low-income energy efficiency programs in a
cost-effective manner . This furnace replacement program shall
initially provide financial support for replacing all
eligible old eligible gas floor furnaces by
December 31, 2013. Whenever feasible, old gas
floor furnaces shall be replaced by an appliance other than a gas
floor heater furnace .
(c) The furnace replacement program described in this section
shall be in addition to all other programs of assistance for
low-income customers established by the commission and administered
by an electrical or gas corporation or third-party administrator
pursuant to Sections 381, 381.1, 382, 382.1, 739.1, and 2790.
(d) The costs of the program adopted and implemented pursuant to
this section shall be recovered pursuant to Sections 381 and 890.
SEC. 5. SEC. 4. No reimbursement is
required by this act pursuant to Section 6 of Article XIII B of the
California Constitution because the only costs that may be incurred
by a local agency or school district will be incurred because this
act creates a new crime or infraction, eliminates a crime or
infraction, or changes the penalty for a crime or infraction, within
the meaning of Section 17556 of the Government Code, or changes the
definition of a crime within the meaning of Section 6 of Article XIII
B of the California Constitution.