BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 2014
                                                                  Page  1

          Date of Hearing:  May 3, 2010

                       ASSEMBLY COMMITTEE ON NATURAL RESOURCES
                                Wesley Chesbro, Chair
                    AB 2014 (Torrico) - As Amended:  April 8, 2010
           
          SUBJECT  :  Income taxes:  credits:  energy efficient homes 

           SUMMARY  :  Authorizes homeowners to receive a tax credit for  
          costs associated with a home energy audit and home improvements  
          made pursuant to the audit. 

           EXISTING LAW  : 

          1)Requires the California Energy Commission (CEC) to establish  
            criteria for adopting a statewide home energy rating program  
            for residential dwellings, and requires CEC to adopt the  
            program in consultation with representatives of the Department  
            of Real Estate, the Department of Housing and Community  
            Development, the California Public Utilities Commission (PUC),  
            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.

          2)Requires PUC to have each electrical corporation identify a  
            separate rate component to collect revenue to fund  
            cost-effective energy efficiency and conservation activities.

          3)Requires all electric utilities, in procuring energy, to first  
            acquire all available energy efficiency and demand reduction  
            resources that are cost effective, reliable, and feasible. 

          4)Requires PUC to impose a surcharge on all natural gas  
            customers to fund cost-effective energy efficiency and  
            conservation activities.

          5)Requires CEC to establish a regulatory proceeding to develop  
            and implement a comprehensive program to achieve energy  
            savings in existing residential and commercial building stock  
            that fall significantly below the current Title 24 building  
            standards. 

           THIS BILL  : 








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          1)On and after January 1, 2010, allows a tax credit for an  
            energy audit of a taxpayer's principal residence and energy  
            efficiency improvements recommended in the audit.  

          2)Specifies that the credit is 50 percent of the qualified costs  
            or $1,500, whichever is less. 

          3)Defines "qualified costs" as costs incurred for the repair,  
            rehabilitation, or improvement of a qualified principal  
            residence in compliance with the recommendations of the energy  
            audit. 

          4)If the credit exceeds the taxpayers "net tax" (as defined in  
            RTC 17039), allows the excess to be carried over into future  
            years.   

           FISCAL EFFECT  :  Unknown

           COMMENTS  :  According to the author, this bill is intended to  
          "encourage energy audits and improvements to existing building  
          stock that will help reduce greenhouse gas (GHG) emissions.  In  
          addition, this bill will help create much needed jobs in the  
          energy efficiency, green construction, and the home improvement  
          fields."  

           California's actions on building energy efficiency  :  State  
          energy policy prioritizes energy efficiency to reduce energy  
          usage, which diminishes the need for new power plants and  
          transmission lines.  Energy efficiency measures are an  
          inexpensive alternative to investment in infrastructure and  
          reduce the proliferation of GHG emissions.  

          The state's Energy Action Plan (prepared by CEC and PUC) and the  
          Integrated Energy Policy Report (prepared by CEC) encourage the  
          state to meet energy efficiency goals.  These reports also call  
          for the combination of on-site energy generation (such as solar  
          photovoltaics) and energy efficient buildings to reduce overall  
          energy usage so that newly constructed buildings are zero net  
          energy by 2020 for the residential sector and by 2030 for the  
          commercial sector. 

          The Climate Action Team's report, Climate Action Team Report to  
          the Governor and the Legislature, identifies strategies to  
          reduce GHG emissions that include continued implementation of  








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          the Green Building Initiative and energy efficiency standards  
          for state buildings.  The report indicates that every dollar  
          spent on energy efficiency provides about two dollars in  
          benefits.  The AB 32 Scoping Plan, approved in December 2008,  
          includes zero net energy goals for new and existing homes and  
          commercial buildings.  However, the Plan states that these goals  
          should be "percent of zero net energy" targets.  The Plan also  
          notes that retrofitting existing residential and commercial  
          buildings would achieve substantial GHG emission reductions.  

          The Legislature directed CEC to develop a statewide estimate of  
          all potentially achievable cost-effective electricity and  
          natural gas efficiency savings and establish statewide annual  
          targets for energy efficiency savings and demand reduction over  
          10 years (AB 2021, Levine, Chapter 734, Statutes of 2006).  To  
          complement the legislative directives CEC, in its Integrated  
          Energy Policy Report, strongly supports capturing all  
          cost-effective efficiency savings potential and recommends  
          pursuing legislation that would require energy audits and  
          cost-effective levels of efficiency improvements at the time of  
          sale of a building.  In addition, CEC's Report on Energy  
          Efficiency in Existing Buildings recommends "Time of Sale  
          Information Disclosure," which would require the disclosure of  
          home energy ratings when a house is sold.  Both recommendations  
          are based on CEC's evaluation of the potential savings achieved  
          if cost-effective energy efficiency measures were applied to  
          existing buildings:  9 percent of statewide electricity  
          consumption, 11 percent of peak demand, and 5 percent of natural  
          gas consumption.  

          Pursuant to AB 758 (Skinner), Chapter 470, Statutes of 2009,   
          CEC is required to develop and implement a comprehensive program  
          to achieve greater energy savings in existing residential and  
          nonresidential building stock, including energy assessments,  
          cost-effective energy efficiency improvements, financing  
          options, public outreach, and education efforts.

          CEC has also adopted Phase II of the Home Energy Rating System  
          (HERS) Program by regulation to provide energy efficiency  
          ratings for existing and newly constructed residential  
          buildings.  The CEC states that the regulations establish a  
          systematic process for whole-house energy ratings to provide  
          homeowners with energy efficiency information about their homes.  
            The ratings also evaluate the cost-effectiveness of options to  
          achieve greatest possible energy efficiency gains.  








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           Suggested amendments  :  This bill does not establish standards  
          for the energy audit.  In order to ensure consistent and  
          effective auditing,  the committee may wish to amend the bill  to  
          specify that the energy audit qualifying for a tax credit  
          complies with Phase II of the CEC's Home Energy Ratings System  
          Program.  Because energy audits do not include requirements,  the   
           committee may also wish to amend the bill  to strike out "made  
          toward bringing the qualified principal residence in compliance  
          with the recommendations of" on page 2, lines 31 and 32, and  
          inserting "recommended by." 

          The findings section in this bill contains an incorrect  
          reference for AB 32 (Nunez), Chapter 488, Statutes of 2006.   The  
          committee may wish to amend the bill  to strike out page 2, lines  
          3 to 6, and insert:  

               The Legislature recently passed AB 32 (Nunez), Chapter 488,  
               Statutes of 2006, landmark environmental legislation that  
               requires California to reduce greenhouse gas emissions to  
               1990 levels by 2020.  

           Double referred  :  This bill is double referred and should it  
          pass out of this committee, it will be referred to the Assembly  
          Committee on Revenue and Taxation. 

           REGISTERED SUPPORT / OPPOSITION  :

           Support 
           
          None on file

           Opposition 
           
          None on file
           

          Analysis Prepared by  :  Elizabeth MacMillan / NAT. RES. / (916)  
          319-2092