BILL NUMBER: AB 1809	AMENDED
	BILL TEXT

	AMENDED IN SENATE  JUNE 16, 2010
	AMENDED IN ASSEMBLY  APRIL 26, 2010
	AMENDED IN ASSEMBLY  MARCH 24, 2010
	AMENDED IN ASSEMBLY  MARCH 15, 2010

INTRODUCED BY   Assembly Member Smyth

                        FEBRUARY 10, 2010

   An act to add Chapter 9.4 (commencing with Section 7199.5) to
Division 3 of the Business and Professions Code, relating to home
inspections.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 1809, as amended, Smyth. Home inspections: energy audits.
   Existing law provides that it is the duty of a home inspector, as
defined, who is not licensed as a general contractor, structural pest
control operator, or architect, or registered as a professional
engineer, to conduct a home inspection, as defined, with the degree
of care that a reasonably prudent home inspector would exercise.
Existing law provides that a home inspection may include an
inspection of energy efficiency, if requested by the client. Under
existing law, a home inspection report is a written report consisting
of specified information that is prepared for a fee and is issued
after a home inspection.
   Existing law  , the Warren-Alquist State Energy Resources
Conservation and Development Act,  requires the State Energy
Resources Conservation and Development Commission  (Energy
Commission)  to establish specified standards related to a
statewide home energy rating program for residential dwellings, known
as the Home Energy Rating System (HERS) program.
   This bill would authorize a home inspection to include, if
requested by the client, an inspection of energy efficiency or 
be accompanied by  a HERS home energy audit. If the client
requests a HERS home energy audit, the bill would require 
the   that HERS audit accompanying any  home
inspection report to  include certain additional specified
information   comply with certain standards established
by the commission  . The bill would declare the intent of the
Legislature that a HERS audit may, at the request of the client, be
performed during escrow by a home inspector who is HERS certified.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Chapter 9.4 (commencing with Section 7199.5) is added
to Division 3 of the Business and Professions Code, to read:
      CHAPTER 9.4.  HOME ENERGY RATING SYSTEM (HERS) HOME INSPECTIONS


   7199.5.  (a) All home inspections, including those defined in
paragraph (1) of subdivision (a) of Section 7195, may, if requested
by the client, include an inspection of energy efficiency or  be
accompanied by  a Home Energy Rating System (HERS) California
home energy audit  established by   pursuant to
 Section 25942 of the Public Resources Code.
   (b) If the client requests a HERS California home energy audit
 established by   pursuant to  Section
25942 of the Public Resources Code, the HERS California home
inspection report  or the   accompanying any
 home inspection report defined in subdivision (c) of Section
7195 shall  , at a minimum, also include all of the following
information:   comply with the standards established by
the Energy Commission for HERS California home energy audits. 

   (1) An overview of how the home works as a system and how to
prioritize actions.  
   (2) Quality installation of heating, ventilating, and
air-conditioning (HVAC) equipment including proper sizing of
equipment, duct sealing, and refrigerant charge and air flow.
 
   (3) Quality building envelope air sealing and proper levels of
insulation.  
   (4) An overview of ENERGYSTAR or better products and appliances.
 
   (5) Information regarding access to a comprehensive home energy
audit.  
   (6) Nonenergy benefits of improving the energy efficiency of the
home including reduction of carbon emissions.  
   (7) A general statement regarding opportunities to improve the
thermal envelope, mechanical equipment, lighting, and appliances in
the home.  
   (8) A general discussion of concerns regarding combustion safety.

   7199.7.  It is the intent of the Legislature that a Home Energy
Rating System (HERS) California home energy audit may, at the request
of the client, be performed during escrow by a home inspector who is
HERS certified.