Amended in Senate June 19, 2015

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 amended, 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 begin delete used end delete begin insert approved end insert 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, all of the following shall apply:

(a) The commission shall develop a public domain computer
program that 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 shall be based upon
the actual cost of the program, including any computer costs.

(b) The commission shall establish a formal process for
certification of compliance options for new products, materials,
and calculation methods that 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) The commission shall include a prescriptive method of
complying with the standards, including design aids such as a
manual, sample calculations, and model structural designs.

(d) The commission shall conduct 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, cost-effectiveness,
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 Code, as that
section read on December 31, 2003, 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) The commission shall certify, 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.

(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:

(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.

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

(g) 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.

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

(1) A building permit for a residential or nonresidential building
shall not 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) The construction of a state building shall not 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 Chapter 2.8
(commencing with Section 15814.30) of Part 10b of Division 3 of
Title 2 of the Government Code, subdivision (a) or (b) of Section
25402, and this section that are applicable to the building.

(i) 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 provisions that are applicable to those
buildings. Those sections shall not 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.

(j) The commission may exempt from the requirements of this
section and of any regulations adopted pursuant to this section 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, architecture, or engineering
prior to the date of adoption of the regulations.

(k) If a dispute arises between an applicant for a building permit,
or the state pursuant to paragraph (5) of subdivision (h), 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.

(l) 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) The 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
databases, procedures to establish a centralized, publicly accessible,
database 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 database 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 Bureau
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) Home energy rating services shall not 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) The 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) The commission shall, as part of the biennial report prepared
pursuant to Section 25302, report 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.

(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:

(1) Ensure energy assessment tools begin delete used end delete begin insert approved end insert by the
commission are routinely adjusted to improve modeling accuracy.

(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.