BILL ANALYSIS Ó
AB 834
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Date of Hearing: May 15, 2013
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Mike Gatto, Chair
AB 834 (Williams) - As Amended: April 22, 2013
Policy Committee: Natural
ResourcesVote:6-3
Urgency: No State Mandated Local Program:
No Reimbursable:
SUMMARY
This bill expands the California Energy Commission's (CEC)
administrative civil penalty authority to include energy and
water efficiency standards for buildings. Specifically, this
bill:
1)Authorizes CEC to assess penalties of up to $2,500 for each
violation.
2)Provides that if CEC determines that a violation has occurred
or may occur, CEC may refer the matter to the Attorney General
(AG) to petition a court to enjoin the violation. Authorizes
the court to grant prohibitory or mandatory injunctive relief
as warranted.
3)Specifies that the energy and water efficiency requirements
for buildings be enforced by the building department of every
city, county, or city and county. Specifies that where there
is no local building department, CEC shall enforce these
standards.
FISCAL EFFECT
Unknown, likely minor special fund enforcement costs to the CEC,
offset to a degree by increased revenue from violations.
COMMENTS
1)Purpose. The author intends this bill to ensure reported
energy savings are real, consumers who purchase services for
home improvement are protected, and businesses that provide
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energy efficiency services are operation on a level playing
field.
2)Background. Energy efficiency is a top priority in
California's policies to achieve energy savings and reduce
greenhouse gas (GHG) emissions. The CEC is tasked with
developing the state's Title 24 energy efficiency building
regulations, which are updated every three years and specify
requirements relating to lighting, insulation, windows,
heating, ventilation, and air conditioning (HVAC) systems, and
other construction details designed to reduce energy
consumption and lower energy bills for consumers.
3)Current Enforcement. The Contractors State License Board
(CSLB) is the state's lead agency for investigating complaints
against contractors. Investigations may result in a warning
letter, disciplinary action, or referral to a local prosecutor
for criminal charges. The disposition of a complaint varies
by county and depends on whether a contractor is licensed or
not. CLSB handles complaints referred by local building
officials who enforce Title 24 standards.
In July, 2010, CLSB and CEC entered into a memorandum of
understanding (MOU) to increase collaboration on education and
enforcement of building and appliance regulations. The MOU
identifies specific tasks for CEC, including outreach and
education and training for CLSB staff.
The AG's office has also encouraged the entities involved in
energy efficiency to work together to increase public outreach
and education to encourage consumers to use licensed
contractors and to acquire proper permits.
This bill would authorize CEC to enforce building standards
relating to energy efficiency that were adopted by CEC.
4)Support . This bill is supported by the California Utility
Employees and the Natural Resources Defense Council.
5)Opposition. This bill is opposed by the Air Conditioning
Trade Association, the Plumbing-Heating-Cooling Contractor's
Association and the Western Electrical Contractors
Association.
Analysis Prepared by : Jennifer Galehouse / APPR. / (916)
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319-2081