California Legislature—2015–16 Regular Session

Assembly BillNo. 1480


Introduced by Assembly Member Patterson

February 27, 2015


An act to amend Section 25402 of the Public Resources Code, relating to energy.

LEGISLATIVE COUNSEL’S DIGEST

AB 1480, as introduced, Patterson. Energy efficiency.

Existing law authorizes the State Energy Resources Conservation and Development Commission to prescribe, by regulation, appliance efficiency standards, based on reasonable use patterns, to promote the use of energy and water efficient appliances.

This bill would make nonsubstantive revisions to that provision.

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

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

P1    1

SECTION 1.  

Section 25402 of the Public Resources Code is
2amended to read:

3

25402.  

The commission shall, after one or more public
4hearings, do all of thebegin delete following,end deletebegin insert followingend insert in order to reduce the
5wasteful, uneconomic, inefficient, or unnecessary consumption of
6energy, including the energy associated with the use of water:

7(a) (1) Prescribe, by regulation, lighting, insulation climate
8control system, and other building design and construction
9standards that increasebegin delete theend delete efficiency in the use of energy and water
10for new residential and new nonresidential buildings. The
P2    1commission shall periodically update the standards and adopt any
2revision that, in its judgment, it deems necessary. Six months after
3the commission certifies an energy conservation manual pursuant
4to subdivision (c) of Section 25402.1,begin delete noend deletebegin insert aend insert city, county, city and
5county, or state agency shallbegin insert notend insert issue a permit forbegin delete anyend deletebegin insert aend insert building
6unless the building satisfies the standards prescribed by the
7commission pursuant to this subdivision or subdivision (b) that
8are in effect on the date an application for a building permit is
9filed. Water efficiency standards adopted pursuant to this
10subdivision shall be demonstrated by the commission to be
11necessary to save energy.

12(2) Prior to adopting a water efficiency standard for residential
13buildings, the Department of Housing and Community
14Development and the commission shall issue a joint finding
15whether the standard (A) is equivalent or superior in performance,
16safety, and for the protection of life, health, and general welfare
17to standards in Title 24 of the California Code of Regulations and
18(B) does not unreasonably or unnecessarily impact the ability of
19Californians to purchase or rent affordable housing, as determined
20by taking account of the overall benefit derived from water
21efficiency standards. Nothing in this subdivision in any way
22reduces the authority of the Department of Housing and
23Community Development to adopt standards and regulations
24pursuant to Part 1.5 (commencing with Section 17910) of Division
2513 of the Health and Safety Code.

26(3) Water efficiency standards and water conservation design
27standards adopted pursuant to this subdivision and subdivision (b)
28shall be consistent with the legislative findings of this division to
29ensure and maintain a reliable supply of electrical energy and be
30 equivalent to or superior to the performance, safety, and protection
31of life, health, and general welfare standards contained in Title 24
32of the California Code of Regulations. The commission shall
33consult with the members of the coordinating council as established
34in Section 18926 of the Health and Safety Code in the development
35of these standards.

36(b) (1) Prescribe, by regulation, energy and water conservation
37design standards for new residential and new nonresidential
38buildings. The standards shall be performance standards and shall
39 be promulgated in terms of energy consumption per gross square
40foot of floorspace, but may also include devices, systems, and
P3    1techniques required to conserve energy and water. The commission
2shall periodically review the standards and adopt any revision that,
3in its judgment, it deems necessary. A building that satisfies the
4standards prescribed pursuant to this subdivision need not comply
5with the standards prescribed pursuant to subdivision (a). Water
6conservation design standards adopted pursuant to this subdivision
7shall be demonstrated by the commission to be necessary to save
8energy. Prior to adopting a water conservation design standard for
9residential buildings, the Department of Housing and Community
10Development and the commission shall issue a joint finding
11whether the standard (A) is equivalent or superior in performance,
12safety, and for the protection of life, health, and general welfare
13to standards in the California Building Standards Code and (B)
14does not unreasonably or unnecessarily impact the ability of
15Californians to purchase or rent affordable housing, as determined
16by taking account of the overall benefit derived from the water
17conservation design standards.begin delete Nothing in this subdivision in any
18way reducesend delete
begin insert This subdivision does not in any way reduceend insert the
19authority of the Department of Housing and Community
20Development to adopt standards and regulations pursuant to Part
211.5 (commencing with Section 17910) of Division 13 of the Health
22and Safety Code.

23(2) In order to increase public participation and improve the
24efficacy of the standards adopted pursuant to subdivisions (a) and
25(b), the commission shall, prior to publication of the notice of
26proposed action required by Section 18935 of the Health and Safety
27Code, involve parties who would be subject to the proposed
28regulations in public meetings regarding the proposed regulations.
29All potential affected parties shall be provided advance notice of
30these meetings and given an opportunity to provide written or oral
31comments. During these public meetings, the commission shall
32receive and take into consideration input from all parties
33concerning the parties’ design recommendations, cost
34considerations, and other factors that would affect consumers and
35California businesses of the proposed standard. The commission
36shall take into consideration prior to the start of the notice of
37proposed action any input provided during these public meetings.

38(3) The standards adopted or revised pursuant to subdivisions
39(a) and (b) shall be cost-effective when taken in their entirety and
40when amortized over the economic life of the structure compared
P4    1with historic practice. When determining cost-effectiveness, the
2commission shall consider the value of the water or energy saved,
3impact on product efficacy for the consumer, and the life cycle
4cost of complying with the standard. The commission shall consider
5other relevant factors, as required by Sections 18930 and 18935
6of the Health and Safety Code, including, but not limited to, the
7impact on housing costs, the total statewide costs and benefits of
8the standard over its lifetime, economic impact on California
9businesses, and alternative approaches and their associated costs.

10(c) (1)begin insertend insertbegin insert(A)end insert Prescribe, by regulation, standards for minimum
11levels of operating efficiency, based on a reasonable use pattern,
12and may prescribe other cost-effective measures, including
13incentive programs, fleet averaging, energy and water consumption
14labeling not preempted by federal labeling law, and consumer
15education programs, to promote the use of energy and water
16efficient appliances whose use, as determined by the commission,
17requires a significant amount of energy or water on a statewide
18basis. The minimum levels of operating efficiency shall be based
19on feasible and attainable efficiencies or feasible improved
20efficiencies that will reduce the energy or water consumption
21growth rates. The standards shall become effective no sooner than
22one year after the date of adoption or revision.begin delete Noend deletebegin insert Aend insert new appliance
23manufactured on or after the effective date of the standardsbegin delete mayend delete
24begin insert shall notend insert be sold or offered for sale in the state, unless it is certified
25by the manufacturerbegin delete thereofend deletebegin insert of the applianceend insert to be in compliance
26with the standards. The standards shall be drawn so that they do
27not result in any added total costs for consumers over the designed
28life of the appliances concerned.

begin delete

29 In

end delete

30begin insert(B)end insertbegin insertend insertbegin insertInend insert order to increase public participation and improve the
31efficacy of the standards adopted pursuant to this subdivision, the
32commission shall, prior to publication of the notice of proposed
33action required by Section 18935 of the Health and Safety Code,
34involve parties who would be subject to the proposed regulations
35in public meetings regarding the proposed regulations. All potential
36affected parties shall be provided advance notice of these meetings
37and given an opportunity to provide written or oral comments.
38During these public meetings, the commission shall receive and
39take into consideration input from all parties concerning the parties’
40design recommendations, cost considerations, and other factors
P5    1that would affect consumers and California businesses of the
2proposed standard. The commission shall take into consideration
3prior to the start of the notice of proposed action any input provided
4during these public meetings.

begin delete

5 The

end delete

6begin insert(C)end insertbegin insertend insertbegin insertTheend insert standards adopted or revised pursuant to this subdivision
7shall not result in any added total costs for consumers over the
8designed life of the appliances concerned. When determining
9cost-effectiveness, the commission shall consider the value of the
10water or energy saved, impact on product efficacy for the
11consumer, and the life cycle cost to the consumer of complying
12with the standard. The commission shall consider other relevant
13factors, as required by Sections 11346.5 and 11357 of the
14Government Code, including, but not limited to, the impact on
15housing costs, the total statewide costs and benefits of the standard
16over its lifetime, economic impact on California businesses, and
17alternative approaches and their associated costs.

18(2) begin deleteNo end deletebegin insertA end insertnew appliance, except forbegin delete anyend deletebegin insert aend insert plumbing fitting,
19regulated under paragraph (1), that is manufactured on or after
20July 1, 1984,begin delete mayend deletebegin insert shall notend insert be sold, or offered for sale, in the state,
21unless the date of the manufacture is permanently displayed in an
22accessible place on that appliance.

23(3) During the period of five years after the commission has
24adopted a standard for a particular appliance under paragraph (1),
25begin delete noend deletebegin insert anend insert increase or decrease in the minimum level of operating
26efficiency required by the standard for that appliance shallbegin insert notend insert
27 become effective, unless the commission adopts other cost-effective
28measures for that appliance.

29(4) Neither the commission nor any other state agency shall
30take any action to decrease any standard adopted under this
31subdivision on or before June 30, 1985, prescribing minimum
32levels of operating efficiency or other energy conservation
33measures for any appliance, unless the commission finds by a
34four-fifths vote that a decrease is of benefit to ratepayers, and that
35there is significant evidence of changed circumstances. Before
36January 1, 1986, the commission shall not take any action to
37increase a standard prescribing minimum levels of operating
38efficiency for any appliance or adopt a new standard under
39paragraph (1). Before January 1, 1986, any appliance manufacturer
40doing business in this state shall provide directly, or through an
P6    1appropriate trade or industry association, information, as specified
2by the commission after consultation with manufacturers doing
3business in the state and appropriate trade or industry associations
4on sales of appliances so that the commission may study the effects
5of regulations on those sales. These informational requirements
6shall remain in effect until the information is received. The trade
7or industry association may submit sales information in an
8aggregated form in a manner that allows the commission to carry
9out the purposes of the study. The commission shall treat any sales
10information of an individual manufacturer as confidential and that
11information shall not be a public record. The commission shall not
12request any information that cannot be reasonably produced in the
13exercise of due diligence by the manufacturer. At least one year
14prior to the adoption or amendment of a standard for an appliance,
15the commission shall notify the Legislature of its intent, and the
16justification to adopt or amend a standard for the appliance.
17Notwithstanding paragraph (3) and this paragraph, the commission
18may do any of the following:

19(A) Increase the minimum level of operating efficiency in an
20existing standard up to the level of the National Voluntary
21Consensus Standards 90, adopted by the American Society of
22Heating, Refrigeration, andbegin delete Air Conditioningend deletebegin insert Air-Conditioningend insert
23 Engineers or, for appliances not covered by that standard, up to
24the level established in a similar nationwide consensus standard.

25(B) Change the measure or rating of efficiency of any standard,
26if the minimum level of operating efficiency remains substantially
27the same.

28(C) Adjust the minimum level of operating efficiency in an
29existing standard in order to reflect changes in test procedures that
30the standards require manufacturers to use in certifying compliance,
31if the minimum level of operating efficiency remains substantially
32the same.

33(D) Readopt a standard preempted, enjoined, or otherwise found
34legally defective by an administrative agency or a lower court, if
35final legal action determines that the standard is valid and if the
36standard that is readopted is not more stringent than the standard
37that was found to be defective or preempted.

38(E) Adopt or amend any existing or new standard at any level
39of operating efficiency, if the Governor has declared an energy
40emergency as described in Section 8558 of the Government Code.

P7    1(5) Notwithstanding paragraph (4), the commission may adopt
2standards pursuant to Commission Order No. 84-0111-1, on or
3before June 30, 1985.

4(d)begin insertend insertbegin insert(1)end insert Recommend minimum standards of efficiency for the
5operation ofbegin delete anyend deletebegin insert aend insert new facility at a particular site that are
6technically and economically feasible.begin delete Noend deletebegin insert Aend insert site and related facility
7shallbegin insert notend insert be certified pursuant to Chapter 6 (commencing with
8Section 25500), unless the applicant certifies that standards
9recommended by the commission have been considered, which
10certification shall include a statement specifying the extent to
11which conformance with the recommended standards will be
12achieved.

begin delete

13 Whenever

end delete

14begin insert(2)end insertbegin insertend insertbegin insertWheneverend insert this section and Chapter 11.5 (commencing with
15Section 19878) of Part 3 of Division 13 of the Health and Safety
16Code are in conflict, the commission shall be governed by that
17chapter of the Health and Safety Code to the extent of the conflict.

18(e) The commission shall do all of the following:

19(1) Not later than January 1, 2004, amend any regulations in
20effect on January 1, 2003, pertaining to the energy efficiency
21standards for residential clothes washers to require that residential
22clothes washers manufactured on or after January 1, 2007, be at
23least as water efficient as commercial clothes washers.

24(2) Not later than April 1, 2004, petition the federal Department
25of Energy for an exemption from any relevant federal regulations
26governing energy efficiency standards that are applicable to
27residential clothes washers.

28(3) Not later than January 1, 2005, report to the Legislature on
29its progress with respect to the requirements of paragraphs (1) and
30(2).



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