BILL ANALYSIS Ó
SB 454
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Date of Hearing: August 17, 2011
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Felipe Fuentes, Chair
SB 454 (Pavley) - As Amended: July 12, 2011
Policy Committee: Natural
ResourcesVote:6-3
Utilities and Commerce 9-4
Urgency: No State Mandated Local Program:
Yes Reimbursable: No
SUMMARY
This bill authorizes the California Energy Commission (CEC) to
adopt regulations to enforce compliance with the state's
appliance efficiency standards. Specifically, this bill:
1)Authorizes CEC to adopt regulations to enforce appliance
efficiency standards, including assessment of civil penalties
of up to $2,500 per violation.
2)Authorizes CEC to refer a violation of the state's appliance
efficiency standards to the Attorney General (AG), who may
petition a court to stop the violation and impose civil fines
up to $2,500 per violation.
3)Specifies that a person shall not face civil penalties for a
violation from both the CEC and AG.
4)Establishes the Appliance Efficiency Enforcement Subaccount
within the Energy Resources Program Account (ERPA) and directs
penalty revenue to that subaccount.
5)Makes monies in the subaccount available, upon appropriation,
for public education and enforcement of the appliance
efficiency standards and CEC's related regulations.
6)Requires that any rebate or incentive offered by a public
utility for energy efficiency improvements be provided only if
the recipient certifies the project complies with permitting
requirements and that any contractor performing the project
has an appropriate license.
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7)Specifies the provisions of this bill do not create or expand
authority for a public utility to enforce building energy or
water efficiency standards.
FISCAL EFFECT
Minor special fund costs in the tens of thousands of dollars to
the CEC for regulations and enforcement.
COMMENTS
1)Rationale . The author asserts that California's appliance
efficiency standards deliver cost-effective energy savings to
consumers and are important to the state's efforts to manage
energy consumption, conserve natural resources and improve
quality of life. The author, citing a recent survey, contends
that half of the appliances sold in California are not
properly certified to meet the state's appliance efficiency
standards. The author argues this noncompliance disadvantages
compliant manufacturers and misleads consumers, as well as
hampering the goals behind the appliance efficiency standards.
2)Background. The CEC may regulate standards for minimum levels
of efficiency for appliances that use a significant amount of
energy or water, as determined by CEC, for which there is no
federal minimum standard that would preempt a California
standard. New and upgraded standards must be technologically
feasible and attainable and must not result in any added total
costs to the consumer over the designed life of the appliances
concerned.
A report commissioned by CEC and released in May of this year
found varying levels of compliance with the standards. CEC
does not have the authority to impose civil penalties to
enforce compliance with the standards and refers cases to the
AG for enforcement.
Analysis Prepared by : Jay Dickenson / APPR. / (916) 319-2081
SB 454
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