BILL ANALYSIS Ó
AB 834
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ASSEMBLY THIRD READING
AB 834 (Williams)
As Amended April 22, 2013
Majority vote
NATURAL RESOURCES 6-3 APPROPRIATIONS 12-5
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|Ayes:|Chesbro, Garcia, |Ayes:|Gatto, Bocanegra, |
| |Muratsuchi, Skinner, | |Bradford, |
| |Stone, Williams | |Ian Calderon, Campos, |
| | | |Eggman, Gomez, Hall, |
| | | |Rendon, Pan, Quirk, Weber |
| | | | |
|-----+--------------------------+-----+--------------------------|
|Nays:|Grove, Bigelow, Patterson |Nays:|Harkey, Bigelow, |
| | | |Donnelly, Linder, Wagner |
| | | | |
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SUMMARY : Expands the California Energy Commission's (CEC)
administrative civil penalty enforcement authority to include
energy efficiency and water efficiency standards for buildings.
EXISTING LAW :
1)Requires the CEC to take specified actions to reduce the
wasteful, uneconomic, inefficient, or unnecessary consumption
of energy, including adopting energy and water efficiency
standards for appliances and for lighting, insulation climate
control systems, and other building design and construction
systems.
2)Establishes administrative civil penalties for violations of
the CEC's appliance efficiency standards. Authorizes CEC to
assess penalties of up to $2,500 for each violation. Requires
CEC to consider specified factors when assessing a penalty.
3)Provides that if CEC determines that a violation has occurred
or is threatening to 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.
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4)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 : According to the Assembly Appropriations
Committee, this bill has unknown, likely minor, special fund
enforcement costs to CEC, offset to a degree by increased
revenue from violations.
COMMENTS : 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. The CEC also develops the state's Title 20 energy
efficiency appliance regulations that specify energy use
standards for most major household and commercial appliances
sold in California. Numerous programs administered by CEC, the
California Public Utilities Commission, investor owned
utilities, publicly owned utilities, and local government
agencies offer consumers incentives or rebates to purchase
energy efficient appliances and construct or install energy
efficient devices or technologies in residential and commercial
buildings.
In 2011, CEC launched Energy Upgrade California, a web portal
that provides consumers with a "one-stop-shop for home
improvement projects that lower your energy use, conserve water
and natural resources, and make your home healthier and more
comfortable." The site provides information on available
incentives and licensed contractors.
Existing 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
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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.
This bill . According to the author's office:
Our standards for building efficiency are recognized
as leading the nation in energy savings and serves as
one of the primary energy policy tools that resulted
in California's per capita energy use staying
essentially constant over the past 30 years, while the
rest of the United States' consumption increased
steadily. However, the effectiveness of the building
energy efficiency standards is dependent on compliance
with the standards. Violations of these standards not
only threaten energy savings, they also result in a
substantial financial loss to consumers who purchase
energy efficiency goods and services and represent
unfair competition that dramatically impacts the
viability of legitimate businesses.
AB 834 is needed to ensure that reported energy
savings are real, consumers who purchase services for
home improvement are protected, and businesses that
provide energy efficiency services are operating on a
level playing field.
Analysis Prepared by : Elizabeth MacMillan / NAT. RES. / (916)
319-2092
AB 834
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FN: 0000596