BILL ANALYSIS
AB 212
Page 1
Date of Hearing: April 13, 2009
ASSEMBLY COMMITTEE ON NATURAL RESOURCES
Nancy Skinner, Chair
AB 212 (Saldana) - As Introduced: February 2, 2009
SUBJECT : Energy: building standards: zero net energy
buildings.
SUMMARY : Requires the California Energy Commission (CEC) to
adopt standards requiring that all new residential construction
be "zero net energy" buildings by 2020, or by a date determined
by CEC on which photovoltaic technology is cost effective.
EXISTING LAW :
1)Authorizes the State Public Works Board to develop energy and
water conservation and design efficiency standards for state
buildings.
2)Requires CEC to prescribe energy efficiency, including water
as it affects energy efficiency, building design and
construction standards that increase energy efficiency for new
residential and non-residential buildings.
3)Requires the Air Resources Board (ARB) to adopt a statewide
greenhouse gas (GHG) emissions limit equivalent to 1990 levels
by 2020 and adopt regulations to achieve maximum
technologically feasible and cost-effective GHG emission
reductions.
4)Pursuant to the Governor's Executive Order S-20-04, the Green
Building Initiative, ordered the state to take specified
actions, including: a) committing to aggressive action to
reduce state building electricity usage by 20 percent in 2015,
through cost-effective efficiency measures and distributed
generation technologies; and, b) siting, constructing, and
operating all new and renovated state-owned facilities as
Leadership in Energy and Environmental Design (LEED) Silver or
higher certified buildings.
THIS BILL :
1)Requires CEC to adopt standards requiring that all new
residential buildings for which construction begins after
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January 1, 2020, or on a date after which CEC determines that
photovoltaic technology is cost effective, whichever is later,
to be "zero net energy" buildings.
2)Defines "zero net energy building" as a building that
implements a combination of building energy efficiency design
features and onsite or near-site clean distributed generation
that results in no net purchases from the electricity or gas
grid on an annual basis and produces enough electricity to
offset the energy use attributable to an onsite use of
purchased natural gas.
3)Requires CEC, in developing the standards, to consult with the
Public Utilities Commission, electric and gas utilities, and
other interested parties.
4)Makes related technical changes to existing law.
FISCAL EFFECT : Potentially significant costs to CEC to develop
and adopt zero net energy standards.
COMMENTS :
1)This bill
Zero net energy buildings reduce energy usage by combining
stringent energy efficiency measures with on-site energy
generation, such as solar photovoltaic panels and geothermal
heat pumps. The author notes that zero net energy buildings
have been successfully demonstrated since 1999. This bill
requires CEC to increase energy efficiency requirements and new
requirements for distributed generation so that newly
constructed residential buildings will be zero net energy
buildings by 2020, or when CEC determines that photovoltaic
technology is cost effective.
2)California's actions on building energy efficiency
The state's Energy Action Plan (prepared by CEC and the Public
Utilities Commission) and the Integrated Energy Policy Report
(prepared by CEC) encourage the state to meet energy efficiency
goals. These reports also call for the combination of on-site
energy generation (such as solar photovoltaics) and energy
efficient buildings to reduce overall energy usage so that newly
constructed buildings are zero net energy by 2020 for the
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residential sector.
The Green Building Initiative, adopted in July of 2004,
committed the state to reducing energy usage by constructing,
retrofitting, and operating state buildings in an
energy-efficient manner. The Sustainable Building Task Force
(Task Force) is a partnership of more than 40 governmental
agencies, led by the State and Consumer Services Agency, which
is charged with implementing the Green Building Initiative.
The Climate Action Team's report, Climate Action Team Report to
the Governor and the Legislature, identifies strategies to
reduce greenhouse gas emissions that include continued
implementation of the Green Building Initiative and energy
efficiency standards for state buildings. The report indicates
that every dollar spent on energy efficiency provides about two
dollars in benefits. The AB 32 Scoping Plan, approved in
December 2008, includes zero net energy goals for new and
existing homes and commercial buildings. However, the Plan
states that these goals should be "percent of zero net energy"
targets. The Plan also notes that retrofitting existing
residential and commercial buildings would achieve substantial
GHG emission reductions.
3)Feasibility
In order to meet the bill's requirements, opponents argue that
every new building would have to generate power on-site, which
could be prohibitively expensive and impractical in certain
applications.
Additionally, it is not clear how the utility grid will function
if all new construction is off-grid. Presumably, all new
construction will not have to pay into utility services, which
provide funding for energy efficiency and renewable energy.
REGISTERED SUPPORT / OPPOSITION :
Support
American Lung Association
American Federation of State, County and Municipal Employees
Bradco Kitchens and Baths
Breathe California
Building Codes Assistance Project
California State Association of Counties
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Clean Power Campaign
Coalition for Clean Air
East Bay Municipal Utility District
Eco Timber
Environment California
Environmental Defense Fund
Global Green USA
KyotoUSA
Modern Earth Finance
National Wildlife Federation
North American Insulation Manufacturers Association
Oerlikon
Pacific Environment
Planning and Conservation League
Sharp Solar Energy
Sierra Club California
US Green Building Council Los Angeles Chapter
Vote Solar Initiative
Opposition
American Council of Engineering Companies, California
CalChamber
California Apartment Association
California Building Industry Association
California Business Properties Association
California Forestry Association
California Manufacturers and Technology Association
Lumber Association of California and Nevada
Western Electrical Contractors Association
Analysis Prepared by : Elizabeth MacMillan / NAT. RES. / (916)
319-2092