BILL ANALYSIS
AB 1809
Page 1
Date of Hearing: March 23, 2010
ASSEMBLY COMMITTEE ON BUSINESS AND PROFESSIONS
Mary Hayashi, Chair
AB 1809 (Smyth) - As Amended: March 15, 2010
SUBJECT : Home inspections: energy audits.
SUMMARY : Revises the definition of "home inspection" to
include a Home Energy Rating System (HERS) energy audit.
Specifically, this bill :
1)Requires that if a client requests an inspection of energy
efficiency or a HERS California home energy audit in addition
to a "home inspection," the home inspection report must
include, at a minimum, all of the following information:
a) An overview of how the home works as a system and how to
prioritize actions;
b) Quality installation of heating, ventilating, and
air-conditioning equipment including proper sizing of
equipment, duct sealing, and refrigerant charge and air
flow;
c) Quality building envelope air sealing and proper levels
of insulation;
d) Overview of ENERGY STAR or better products and
appliances;
e) Information regarding access to a comprehensive home
energy audit;
f) Non-energy benefits of improving the energy efficiency
of the home including reduction of carbon emissions;
g) General statement regarding opportunities to improve the
thermal envelope, mechanical equipment, lighting, and
appliances in the home; and,
h) General discussion of concerns regarding combustion
safety.
2)Declares legislative intent.
AB 1809
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EXISTING LAW :
1)Allows an individual to request an energy efficiency
inspection as part of a home inspection.
2)Establishes the Warren-Alquist State Energy Resources
Conservation and Development (SERCD) Act, which requires the
California Energy Commission (CEC) to establish specified
standards related to a statewide home energy rating program
for residential dwellings, known as the HERS program.
FISCAL EFFECT : Unknown. This bill is keyed non-fiscal.
COMMENTS :
Purpose of the bill . According to the author's office, "Current
law allows consumers to request a generic energy efficiency
inspection as part of their home inspection. AB 1809 simply
seeks to clarify existing law in order to give consumers the
option to choose to have a HERS inspection conducted by a
HERS-certified inspector."
Background . CEC establishes regulations for the HERS Program to
certify home energy rating services in California. The program
provides standards to measure energy efficiency levels among
California homes and to guide investment in cost-effective home
energy efficiency measures.
The HERS scoring system, known as the HERS Index, was
established by the Residential Energy Services Network (RESNET),
a non-profit membership organization. The HERS Index scores a
home out of 100 points; the lower a home's score, the more
energy efficient it is.
Currently, there are 42 HERS-certified inspectors and three
accredited providers that certify HERS inspectors in California.
To become a HERS-certified inspector, an individual must
complete RESNET-accredited training, receive certification from
a RESNET rating provider, and pass an examination.
Staff notes that nothing in current law precludes home buyers
and sellers from requesting an energy efficiency inspection from
HERS-certified inspectors and notes that a list of efficiency
efficiency items that may be inspected during an energy effiency
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inspection is included in statute.
Support . According to the sponsor, the Amerispec Home
Inspection Service, "Study after study has demonstrated that
improvements in energy efficiency are among the most
cost-effective ways to not only reduce residential energy costs,
but also reduce greenhouse gas emissions. Many localities
across the United States have begun to explore the idea of
requiring home inspections for energy efficiency at the time of
sale. Likewise, legislation that would reward homeowners for
improving their home energy efficiency, known as Home State or
Cash for Caulkers, is currently making its way through Congress.
These initiatives are expected to increase demand for qualified
energy auditors, as well as promote adoption of a common set of
energy efficiency standards.
According to HouseMaster, "One of the obstacles to getting
Americans to invest in making their homes more energy efficient
is being able to assure them that the money they spend will
actually yield significant energy savings. To help address this
challenge, what has been needed is a standard against which the
impact of the retrofits made by homeowners can be measured. AB
1809 strengthens current law in California by authorizing
inspectors to perform a HERS audit, which is one of the most -
if not, the most - widely accepted energy efficiency ratings in
the market today."
Prior Legislation . AB 1976 (Maze) of 2004 would have required
the Contractors' State License Board to develop a process for
licensing home inspectors and would have made it unlawful to
perform a home inspection without a license. This bill was held
in the Assembly Business & Professions Committee.
SB 1332 (Figueroa) of 2002 would have provided title act
protection for home inspectors by making it an unfair business
practice for an individual to refer to himself or herself as a
"certified home inspector" unless he or she has met certain
requirements. This bill would have required home inspectors to
provide disclosures prior to conducting a home inspection. This
bill was held in the Assembly Business & Professions Committee.
AB 1574 (Lowenthal), Chapter 773, Statutes of 2001, allowed a
buyer or seller, at the time a home is sold, to request a home
inspection. This bill required home inspectors to provide
contact information for one or more of the following that
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provide home energy information: a non-profit organization, an
energy provider, or a government agency. This bill provided
that a buyer or seller may request an energy efficiency
inspection as part of a home inspection.
SB 258 (O'Connell), Chapter 338, Statutes of 1996, established a
standard of care for home inspectors, defined terms related to
paid home inspections, and prohibited home inspections in which
the home inspector has a financial interest.
Committee Amendments . As written, this bill mandates all energy
inspections to include a report using HERS standards, which was
not the author's intent. The following amendments delineate
what the HERS standards are, but does not mandate its use. The
amendments clarify that a client has the option of requesting an
energy efficiency report or a HERS energy audit.
On page 3, line 9, after "If" strike ", in addition to a "home
inspection,".
On page 3, line 9, after "requests" strike "an inspection of
energy efficiency or".
On page 3, line 12, after "the" insert "HERS California".
REGISTERED SUPPORT / OPPOSITION :
Support
Amerispec Home Inspection Service (sponsor)
American Home Inspection Association
HouseMaster
National Association of Home Inspectors, Inc. (NAHI)
WIN Home Inspection
Opposition
None on file.
Analysis Prepared by : Joanna Gin / B. & P. / (916) 319-3301