California Legislature—2015–16 Regular Session

Assembly Bill No. 1013

Introduced by Assembly Member Quirk

February 26, 2015

An act to amend Sections 25402.1 and 25942 of the Public Resources Code, relating to energy.

LEGISLATIVE COUNSEL’S DIGEST

AB 1013, as introduced, Quirk. Energy: public domain computer program: home energy rating.

(1) Existing law requires the State Energy Resources Conservation and Development Commission to prescribe, by regulation, lighting, insulation climate control system, and other building design and construction standards that increase the efficiency in the use of energy and water for new residential and new nonresidential buildings. Existing law also requires the commission to prescribe, by regulation, energy and water conservation design standards for new residential and new nonresidential buildings. In order to implement these requirements, existing law requires the commission to develop a public domain computer program that enables contractors, builders, architects, engineers, and government officials to estimate energy consumed by residential and nonresidential buildings.

This bill would require the commission to approve and make publicly available, not less than 6 months prior to the effective date of adopted or updated efficiency standards, a version of the public domain computer program that will function properly with these adopted or updated standards. The bill would require the commission, before approving the public domain computer program for use with adopted or updated standards, to perform preliminary tests of the public domain computer program using common examples of residential and nonresidential buildings and building systems to ensure the usability of the program. The bill would require the commission to make the results of those preliminary tests publicly available.

(2) Existing law requires the commission to establish criteria for adopting a statewide home energy rating program for residential dwellings.

For existing single-family residential dwellings and multifamily residential dwellings with up to 4 units, this bill would require the commission, in administering the statewide home energy rating program, to ensure that energy assessment tools used by the commission are routinely adjusted to improve modeling accuracy and to ensure that consumers receive a notice with the output of the energy assessment tools explaining the assumptions used in the energy assessment tools and how they may differ from actual usage patterns.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

The people of the State of California do enact as follows:

SECTION 1.  

Section 25402.1 of the Public Resources Code
is amended to read:

25402.1.  

In order to implement the requirements of subdivisions
(a) and (b) of Section 25402, begin delete the commission shall do end delete all of the
begin delete following: end delete begin insert following shall apply: end insert

(a)  begin delete Develop end delete begin insert The commission shall develop end insert a public domain
computer program begin delete which end delete begin insert that end insert will enable contractors, builders,
architects, engineers, and government officials to estimate the
energy consumed by residential and nonresidential buildings. The
commission may charge a fee for the use of the program, which
begin delete fee end delete shall be based upon the actual cost of the program, including
any computer costs.

(b)  begin delete Establish end delete begin insert The commission shall establish end insert a formal process
for certification of compliance options for new products, materials,
and calculation methods begin delete which end delete begin insert that end insert provides for adequate technical
and public review to ensure accurate, equitable, and timely
evaluation of certification applications. Proponents filing
applications for new products, materials, and calculation methods
shall provide all information needed to evaluate the application
that is required by the commission. The commission shall publish
annually the results of its certification decisions and instructions
to users and local building officials concerning requirements for
showing compliance with the building standards for new products,
materials, or calculation methods. The commission may charge
and collect a reasonable fee from applicants to cover the costs
under this subdivision. Any funds received by the commission for
purposes of this subdivision shall be deposited in the Energy
Resources Programs Account and, notwithstanding Section 13340
of the Government Code, are continuously appropriated to the
commission for the purposes of this subdivision. Any
unencumbered portion of funds collected as a fee for an application
remaining in the Energy Resources Programs Account after
completion of the certification process for that application shall
be returned to the applicant within a reasonable period of time.

(c)  begin delete Include end delete begin insert The commission shall include end insert a prescriptive method
of complying with the standards, including design aids such as a
manual, sample calculations, and model structural designs.

(d)  begin delete Conduct end delete begin insert The commission shall conduct end insert a pilot project of
field testing of actual residential buildings to calibrate and identify
potential needed changes in the modeling assumptions to increase
the accuracy of the public domain computer program specified in
subdivision (a) and to evaluate the impacts of the standards,
including, but not limited to, the energy savings, begin delete cost effectiveness, end delete
begin insert cost-effectiveness, end insert and the effects on indoor air quality. The pilot
project shall be conducted pursuant to a contract entered into by
the commission. The commission shall consult with the participants
designated pursuant to Section 9202 of the Public Utilities begin delete Code end delete
begin insert Code, as that section read on December 31, 2003, end insert to seek funding
and support for field monitoring in each public utility service
territory, with the University of California to take advantage of its
extensive building monitoring expertise, and with the California
Building Industry Association to coordinate the involvement of
builders and developers throughout the state. The pilot project
shall include periodic public workshops to develop plans and
review progress. The commission shall prepare and submit a report
to the Legislature on progress and initial findings not later than
December 31, 1988, and a final report on the results of the pilot
project on residential buildings not later than June 30, 1990. The
report shall include recommendations regarding the need and
feasibility of conducting further monitoring of actual residential
and nonresidential buildings. The report shall also identify any
revisions to the public domain computer program and energy
conservation standards if the pilot project determines that revisions
are appropriate.

(e)  begin delete Certify, end delete begin insert The commission shall certify, end insert not later than 180 days
after approval of the standards by the State Building Standards
Commission, an energy conservation manual for use by designers,
builders, and contractors of residential and nonresidential buildings.
The manual shall be furnished upon request at a price sufficient
to cover the costs of production and shall be distributed at no cost
to all affected local agencies. The manual shall contain, but not be
limited to, the following:

(1) The standards for energy conservation established by the
commission.

(2) Forms, charts, tables, and other data to assist designers and
builders in meeting the standards.

(3) Design suggestions for meeting or exceeding the standards.

(4) Any other information which the commission finds will
assist persons in conforming to the standards.

(5) Instructions for use of the computer program for calculating
energy consumption in residential and nonresidential buildings.

(6) The prescriptive method for use as an alternative to the
computer program.

begin insert

(f) The commission shall approve and make publicly available,
not less than six months prior to the effective date of adopted or
updated standards, a version of the public domain computer
program developed pursuant to subdivision (a) that will function
properly with those adopted on updated standards. Before
approving the public domain computer program for use with
adopted or updated standards, the commission shall do both of
the following:

end insert begin insert

(1) Perform preliminary tests of the public domain computer
program using common examples of residential and nonresidential
buildings and building systems to ensure the usability of the public
domain computer program by users of the program, including, but
not limited to, architects, builders, contractors, and local code
enforcement personnel.

end insert begin insert

(2) Make the results of the preliminary tests publicly available.

end insert begin delete

(f)

end delete

begin insert (g) end insert  The commission shall establish a continuing program of
technical assistance to local building departments in the
enforcement of subdivisions (a) and (b) of Section 25402 and this
section. The program shall include the training of local officials
in building technology and enforcement procedures related to
energy conservation, and the development of complementary
training programs conducted by local governments, educational
institutions, and other public or private entities. The technical
assistance program shall include the preparation and publication
of forms and procedures for local building departments in
performing the review of building plans and specifications. The
commission shall provide, on a contract basis, a review of building
plans and specifications submitted by a local building department,
and shall adopt a schedule of fees sufficient to repay the cost of
those services.

begin delete

(g)

end delete

begin insert (h) end insert  Subdivisions (a) and (b) of Section 25402 and this section,
and the rules and regulations of the commission adopted pursuant
begin delete thereto, end delete begin insert to those provisions, end insert shall be enforced by the building
department of every city, county, or city and county.

(1)  begin delete No end delete begin insert A end insert building permit for begin delete any end delete begin insert a end insert residential or nonresidential
building shall begin insert not end insert be issued by a local building department, unless
a review by the building department of the plans for the proposed
residential or nonresidential building contains detailed energy
system specifications and confirms that the building satisfies the
minimum standards established pursuant to subdivision (a) or (b)
of Section 25402 and this section applicable to the building.

(2) Where there is no local building department, the commission
shall enforce subdivisions (a) and (b) of Section 25402 and this
section.

(3) If a local building department fails to enforce subdivisions
(a) and (b) of Section 25402 and this section or any other provision
of this chapter or standard adopted pursuant thereto, the
commission may provide enforcement after furnishing 10 days’
written notice to the local building department.

(4) A city, county, or city and county may, by ordinance or
resolution, prescribe a schedule of fees sufficient to pay the costs
incurred in the enforcement of subdivisions (a) and (b) of Section
25402 and this section. The commission may establish a schedule
of fees sufficient to pay the costs incurred by that enforcement.

(5)  begin delete No end delete begin insert The end insert construction of begin delete any end delete begin insert a end insert state building shall begin insert not end insert
commence until the Department of General Services or the state
agency that otherwise has jurisdiction over the property reviews
the plans for the proposed building and certifies that the plans
satisfy the minimum standards established pursuant to begin delete subdivision
(a) or (b) of end delete Chapter 2.8 (commencing with Section 15814.30) of
Part 10b of Division 3 of Title 2 of the Government Code,
begin insert subdivision (a) or (b) of end insert Section 25402, and this section begin delete which end delete begin insert that end insert
are applicable to the building.

begin delete

(h)

end delete

begin insert (i) end insert  Subdivisions (a) and (b) of Section 25402 and this section
shall apply only to new residential and nonresidential buildings
on which actual site preparation and construction have not
commenced prior to the effective date of rules and regulations
adopted pursuant to those begin delete sections end delete begin insert provisions end insert that are applicable
to those buildings. begin delete Nothing in those end delete begin insert Those end insert sections shall begin insert not end insert
prohibit either of the following:

(1) The enforcement of state or local energy conservation or
energy insulation standards, adopted prior to the effective date of
rules and regulations adopted pursuant to subdivisions (a) and (b)
of Section 25402 and this section with regard to residential and
nonresidential buildings on which actual site preparation and
construction have commenced prior to that date.

(2) The enforcement of city or county energy conservation or
energy insulation standards, whenever adopted, with regard to
residential and nonresidential buildings on which actual site
preparation and construction have not commenced prior to the
effective date of rules and regulations adopted pursuant to
subdivisions (a) and (b) of Section 25402 and this section, if the
city or county files the basis of its determination that the standards
are cost effective with the commission and the commission finds
that the standards will require the diminution of energy
consumption levels permitted by the rules and regulations adopted
pursuant to those sections. If, after two or more years after the
filing with the commission of the determination that those standards
are cost effective, there has been a substantial change in the factual
circumstances affecting the determination, upon application by
any interested party, the city or county shall update and file a new
basis of its determination that the standards are cost effective. The
determination that the standards are cost effective shall be adopted
by the governing body of the city or county at a public meeting.
If, at the meeting on the matter, the governing body determines
that the standards are no longer cost effective, the standards shall,
as of that date, be unenforceable and no building permit or other
entitlement shall be denied based on the noncompliance with the
standards.

begin delete

(i)

end delete

begin insert (j) end insert  The commission may exempt from the requirements of this
section and of any regulations adopted pursuant begin delete thereto end delete begin insert to this
section end insert any proposed building for which compliance would be
impossible without substantial delays and increases in cost of
construction, if the commission finds that substantial funds have
been expended in good faith on planning, designing, begin delete architecture end delete
begin insert architecture, end insert or engineering prior to the date of adoption of the
regulations.

begin delete

(j)

end delete

begin insert (k) end insert  If a dispute arises between an applicant for a building permit,
or the state pursuant to paragraph (5) of subdivision begin delete (g), end delete begin insert (h), end insert and
the building department regarding interpretation of Section 25402
or the regulations adopted pursuant thereto, either party may submit
the dispute to the commission for resolution. The commission’s
determination of the matter shall be binding on the parties.

begin delete

(k)

end delete

begin insert ( end insert begin insert l end insert begin insert ) end insert  Nothing in Section 25130, 25131, or 25402, or in this section
prevents enforcement of any regulation adopted pursuant to this
chapter, or Chapter 11.5 (commencing with Section 19878) of Part
3 of Division 13 of the Health and Safety Code as they existed
prior to September 16, 1977.

SEC. 2.  

Section 25942 of the Public Resources Code is
amended to read:

25942.  

(a)  begin delete On or before July 1, 1995, the end delete begin insert The end insert begin insert end insert commission
shall establish criteria for adopting a statewide home energy rating
program for residential dwellings. The program criteria shall
include, but are not limited to, all of the following elements:

(1) Consistent, accurate, and uniform ratings based on a single
statewide rating scale.

(2) Reasonable estimates of potential utility bill savings, and
reliable recommendations on cost-effective measures to improve
energy efficiency.

(3) Training and certification procedures for home raters and
quality assurance procedures to promote accurate ratings and to
protect consumers.

(4) In coordination with home energy rating service organization
begin delete data bases, end delete begin insert databases, end insert procedures to establish a centralized,
publicly accessible, begin delete data base end delete begin insert database end insert that includes a uniform
reporting system for information on residential dwellings,
excluding proprietary information, needed to facilitate the program.
There shall be no public access to information in the begin delete data base end delete
begin insert database end insert concerning specific dwellings without the owner’s or
occupant’s permission.

(5) Labeling procedures that will meet the needs of home buyers,
homeowners, renters, the real estate industry, and mortgage lenders
with an interest in home energy ratings.

(b) The commission shall adopt the program pursuant to
subdivision (a) in consultation with representatives of the
begin delete Department end delete begin insert Bureau end insert of Real Estate, the Department of Housing
and Community Development, the Public Utilities Commission,
investor-owned and municipal utilities, cities and counties, real
estate licensees, home builders, mortgage lenders, home appraisers
and inspectors, home energy rating organizations, contractors who
provide home energy services, consumer groups, and
environmental groups.

(c)  begin delete On and after January 1, 1996, no end delete begin insert Home end insert begin insert end insert energy rating services
begin delete may end delete begin insert shall not end insert be performed in this state unless the services have
been certified, if such a certification program is available, by the
commission to be in compliance with the program criteria specified
in subdivision (a) and, in addition, are in conformity with any other
applicable element of the program.

(d)  begin delete On or before July 1, 1996, the end delete begin insert The end insert begin insert end insert commission shall consult
with the agencies and organizations described in subdivision (b),
to facilitate a public information program to inform homeowners,
rental property owners, renters, sellers, and others of the existence
of the statewide home energy rating program adopted by the
commission.

(e)  begin delete Beginning with the 1998 biennial energy conservation report
required by Section 25401.1, the end delete begin insert The end insert commission shall, as part of
begin delete that end delete begin insert the end insert biennial begin delete report, end delete report begin insert prepared pursuant to Section 25302,
report end insert on the progress made to implement a statewide home energy
rating program. The report shall include an evaluation of the energy
savings attributable to the program, and a recommendation
concerning which means and methods will be most efficient and
cost-effective to induce home energy ratings for residential
dwellings.

begin insert

(f) For existing single-family residential dwellings and
multifamily residential dwellings with up to four units, the
commission shall do both of the following in administering the
statewide home energy rating program:

end insert begin insert

(1) Ensure energy assessment tools used by the commission are
routinely adjusted to improve modeling accuracy.

end insert begin insert

(2) Ensure that consumers receive a notice with the output of
the energy assessment tools explaining the assumptions used in
the energy assessment tools and how they may differ from actual
usage patterns.

end insert