BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 212
                                                                  Page  1

          Date of Hearing:   April 29, 2009

                        ASSEMBLY COMMITTEE ON APPROPRIATIONS
                                Kevin De Leon, Chair

                 AB 212 (Saldana) - As Introduced:  February 2, 2009 

          Policy Committee:                              Natural  
          ResourcesVote:6-3

          Urgency:     No                   State Mandated Local Program:  
          No     Reimbursable:               

           SUMMARY  

          This bill:

          1)Requires the California Energy Commission (CEC), in  
            consultation with the Public Utilities Commission (PUC), the  
            utilities, and interested parties, to adopt standards  
            requiring new residential construction to utilize "zero net  
            energy," effective the latter of January 1, 2020 or the date  
            on which the commission determines that the use of  
            photovoltaic technology is cost effective.

          2)Defines zero net energy as the combination of energy  
            efficiency design features and on-site or near-site clean  
            distributed generation, which results in no net annual  
            purchases from the electricity grid and the production of  
            sufficient electricity to offset energy use attributed to  
            onsite use of purchased natural gas.
           
          FISCAL EFFECT  

          One-time special fund cost of about $390,000 to the CEC for  
          three staff to adopt the required standards, including  
          establishing a means for determining the effective date of the  
          standards. [Energy Resources Programs Account]

           COMMENTS  

           1)Background  .  Current law requires the CEC to prescribe  
            building standards that increase energy efficiency for new  
            residential and nonresidential buildings. These standards are  
            updated periodically to incorporate new energy efficiency  








                                                                  AB 212
                                                                  Page  2

            technologies and methods. The adopted standards must be  
            cost-effective when taken in their entirety and when amortized  
            over the economic life of the structure compared with historic  
            practice.
           
          2)Purpose  .  According to the author, 69% of California's  
            electricity usage and 37% of its overall energy usage are  
            attributed to residential and commercial buildings.  The  
            author's office indicates that the PUC's Long Term Energy  
            Efficiency Strategic Plan, the CEC Integrated Energy Policy  
            Report, and the Air Resources Board's AB 32 Scoping Plan have  
            all recommended zero net energy buildings for new residential  
            construction by 2020. AB 212 codifies this goal.

           3)Opposition  .  Southern California Edison (SCE) believes the  
            bill fails to address actual energy use by customers and  
            offers no incentives to reduce personal use.  SCE notes that a  
            study done for the Sacramento Municipal Utilities District  
            estimates a cost of $50,000 to meet a net zero energy mandate  
            in a 2,500 square foot home.  SCE asserts that such added  
            costs could result in a de facto moratorium on new residential  
            construction in the short term.  Building industry interests  
            expressed similar concerns in 2008 to two related bills (see  
            below). 
           
          4)Prior Legislation  .  This bill is substantially similar to AB  
            2112 (Saldana) of 2008, which was never heard in the Senate  
            Transportation and Housing Committee.

            In 2008, AB 2030 (Lieu), which required the adoption of  
            building standards for zero net energy buildings constructed  
            on or after January 1, 2030, was held on this committee's  
            Suspense file.

           Analysis Prepared by  :    Chuck Nicol / APPR. / (916) 319-2081