BILL NUMBER: AB 1809	ENROLLED
	BILL TEXT

	PASSED THE SENATE  AUGUST 12, 2010
	PASSED THE ASSEMBLY  AUGUST 23, 2010
	AMENDED IN SENATE  AUGUST 3, 2010
	AMENDED IN SENATE  JUNE 23, 2010
	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, 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 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, a HERS home energy audit that meets the
requirements of the HERS regulations 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 by a home
inspector who meets the requirements of the HERS regulations.


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, be accompanied by a Home Energy Rating System (HERS)
California home energy audit pursuant to regulations adopted by the
Energy Commission in compliance with Section 25942 of the Public
Resources Code.
   (b) If the client requests a HERS California home energy audit,
the HERS California home inspection report accompanying any home
inspection report defined in subdivision (c) of Section 7195 shall
comply with the standards and requirements established by the Energy
Commission for HERS California home energy audits as specified in
Article 8 (commencing with Section 1670) of Chapter 4 of Division 2
of Title 20 of the California Code of Regulations, implementing the
California Home Energy Rating System Program.
   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 by a home inspector who meets the
requirements of Article 8 (commencing with Section 1670) of Chapter 4
of Division 2 of Title 20 of the California Code of Regulations.