California Legislature—2013–14 Regular Session

Assembly Bill No. 2581

Introduced by Assembly Member Bradford

February 21, 2014

An act to amend Section 25402.1 of the Public Resources Code, relating to energy.

LEGISLATIVE COUNSEL’S DIGEST

AB 2581, as introduced, Bradford. Energy: public domain computer program.

Existing law requires the California Energy Commission to prescribe, by regulation, lighting, insulation climate control system, and other building design and construction standards that increase the efficiency in the use of energy and water for new residential and new nonresidential buildings. Existing law also requires the commission to prescribe, by regulation, energy and water conservation design standards for new residential and new nonresidential buildings. In order to implement these requirements, existing law requires the commission to develop a public domain computer program that enables contractors, builders, architects, engineers, and government officials to estimate energy consumed by residential and nonresidential buildings and requires the commission to establish a formal process for certification of compliance options for new products, materials, and calculation methods, as prescribed.

This bill would require the commission to ensure that the public domain computer program and the compliance options produce an estimate of energy consumption for residential and nonresidential buildings that has an accuracy within 5% of actual energy consumption for residential and nonresidential buildings.

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

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

SECTION 1.  

Section 25402.1 of the Public Resources Code
is amended to read:

25402.1.  

begin insert (a) end insert begin insert   end insert In order to implement the requirements of
subdivisions (a) and (b) of Section 25402, the commission shall
do all of the following:

begin delete

(a)

end delete

begin insert ( end insert begin insert 1) end insert  Develop a public domain computer program begin delete which end delete begin insert that end insert will
enable contractors, builders, architects, engineers, and government
officials to estimate the energy consumed by residential and
nonresidential buildings. The commission may charge a fee for
the use of the program, which begin delete fee end delete shall be based upon the actual
cost of the program, including any computer costs.

begin delete

(b)

end delete

begin insert ( end insert begin insert 2) end insert  Establish a formal process for certification of compliance
options for new products, materials, and calculation methods begin delete which end delete
begin insert that end insert provides for adequate technical and public review to ensure
accurate, equitable, and timely evaluation of certification
applications. Proponents filing applications for new products,
materials, and calculation methods shall provide all information
needed to evaluate the application that is required by the
commission. The commission shall publish annually the results
of its certification decisions and instructions to users and local
building officials concerning requirements for showing compliance
with the building standards for new products, materials, or
calculation methods. The commission may charge and collect a
reasonable fee from applicants to cover the costs under this
begin delete subdivision end delete begin insert paragraph end insert . Any funds received by the commission
for purposes of this subdivision shall be deposited in the Energy
Resources Programs Account and, notwithstanding Section 13340
of the Government Code, are continuously appropriated to the
commission for the purposes of this subdivision. Any
unencumbered portion of funds collected as a fee for an application
remaining in the Energy Resources Programs Account after
completion of the certification process for that application shall
be returned to the applicant within a reasonable period of time.

begin delete

(c)

end delete

begin insert ( end insert begin insert 3) end insert  Include a prescriptive method of complying with the
standards, including design aids such as a manual, sample
calculations, and model structural designs.

begin delete

(d)

end delete

begin insert ( end insert begin insert 4) end insert  Conduct a pilot project of field testing of actual residential
buildings to calibrate and identify potential needed changes in the
modeling assumptions to increase the accuracy of the public
domain computer program specified in begin delete subdivision (a) end delete begin insert paragraph
(1) end insert and to evaluate the impacts of the standards, including, but not
limited to, the energy savings, cost effectiveness, and the effects
on indoor air quality. The pilot project shall be conducted pursuant
to a contract entered into by the commission. The commission
shall consult with the participants designated pursuant to Section
9202 of the Public Utilities Code begin insert , as that section read on December
31, 2003, end insert to seek funding and support for field monitoring in each
public utility service territory, with the University of California to
take advantage of its extensive building monitoring expertise, and
with the California Building Industry Association to coordinate
the involvement of builders and developers throughout the state.
The pilot project shall include periodic public workshops to
develop plans and review progress. The commission shall prepare
and submit a report to the Legislature on progress and initial
findings not later than December 31, 1988, and a final report on
the results of the pilot project on residential buildings not later
than June 30, 1990. The report shall include recommendations
regarding the need and feasibility of conducting further monitoring
of actual residential and nonresidential buildings. The report shall
also identify any revisions to the public domain computer program
and energy conservation standards if the pilot project determines
that revisions are appropriate.

begin insert

(5) Ensure that the public domain computer program developed
pursuant to paragraph (1) and compliance options required
pursuant to paragraph (2) produce an estimate of energy
consumption for residential and nonresidential buildings that has
an accuracy within 5 percent of actual energy consumption for
residential and nonresidential buildings.

end insert begin delete

(e)

end delete

begin insert ( end insert begin insert 6) end insert  Certify, not later than 180 days after approval of the
standards by the State Building Standards Commission, an energy
conservation manual for use by designers, builders, and contractors
of residential and nonresidential buildings. The manual shall be
furnished upon request at a price sufficient to cover the costs of
production and shall be distributed at no cost to all affected local
agencies. The manual shall contain, but not be limited to, the
following:

begin delete

(1)

end delete

begin insert ( end insert begin insert A) end insert  The standards for energy conservation established by the
commission.

begin delete

(2)

end delete

begin insert ( end insert begin insert B) end insert  Forms, charts, tables, and other data to assist designers and
builders in meeting the standards.

begin delete

(3)

end delete

begin insert ( end insert begin insert C) end insert  Design suggestions for meeting or exceeding the standards.

begin delete

(4)

end delete

begin insert ( end insert begin insert D) end insert  Any other information which the commission finds will
assist persons in conforming to the standards.

begin delete

(5)

end delete

begin insert ( end insert begin insert E) end insert  Instructions for use of the computer program for calculating
energy consumption in residential and nonresidential buildings.

begin delete

(6)

end delete

begin insert ( end insert begin insert F) end insert  The prescriptive method for use as an alternative to the
computer program.

begin delete

(f) The commission shall establish

end delete

begin insert ( end insert begin insert 7) end insert begin insert   end insert begin insert Establish end insert a continuing program of technical assistance to
local building departments in the enforcement of subdivisions (a)
and (b) of Section 25402 and this section. The program shall
include the training of local officials in building technology and
enforcement procedures related to energy conservation, and the
development of complementary training programs conducted by
local governments, educational institutions, and other public or
private entities. The technical assistance program shall include the
preparation and publication of forms and procedures for local
building departments in performing the review of building plans
and specifications. The commission shall provide, on a contract
basis, a review of building plans and specifications submitted by
a local building department, and shall adopt a schedule of fees
sufficient to repay the cost of those services.

begin delete

(g)

end delete

begin insert ( end insert begin insert b) end insert  Subdivisions (a) and (b) of Section 25402 and this section,
and the rules and regulations of the commission adopted pursuant
begin delete thereto, end delete begin insert to those provisions, end insert shall be enforced by the building
department of every city, county, or city and county.

(1)  begin delete No end delete begin insert A end insert building permit for begin delete any end delete begin insert a end insert residential or nonresidential
building shall begin insert not end insert be issued by a local building department, unless
a review by the building department of the plans for the proposed
residential or nonresidential building contains detailed energy
system specifications and confirms that the building satisfies the
minimum standards established pursuant to subdivision (a) or (b)
of Section 25402 and this section applicable to the building.

(2) Where there is no local building department, the commission
shall enforce subdivisions (a) and (b) of Section 25402 and this
section.

(3) If a local building department fails to enforce subdivisions
(a) and (b) of Section 25402 and this section or any other provision
of this chapter or standard adopted pursuant thereto, the
commission may provide enforcement after furnishing 10 days’
written notice to the local building department.

(4) A city, county, or city and county may, by ordinance or
resolution, prescribe a schedule of fees sufficient to pay the costs
incurred in the enforcement of subdivisions (a) and (b) of Section
25402 and this section. The commission may establish a schedule
of fees sufficient to pay the costs incurred by that enforcement.

(5)  begin delete No end delete begin insert The end insert construction of begin delete any end delete begin insert a end insert state building shall begin insert not end insert
commence until the Department of General Services or the state
agency that otherwise has jurisdiction over the property reviews
the plans for the proposed building and certifies that the plans
satisfy the minimum standards established pursuant to begin delete subdivision
(a) or (b) of end delete Chapter 2.8 (commencing with Section 15814.30) of
Part 10b of Division 3 of Title 2 of the Government Code,
begin insert subdivision (a) or (b) of end insert Section 25402, and this section begin delete which end delete begin insert that end insert
are applicable to the building.

begin delete

(h)

end delete

begin insert ( end insert begin insert c) end insert  Subdivisions (a) and (b) of Section 25402 and this section
shall apply only to new residential and nonresidential buildings
on which actual site preparation and construction have not
commenced prior to the effective date of rules and regulations
adopted pursuant to those sections that are applicable to those
buildings. begin delete Nothing in those end delete begin insert Those end insert sections shall begin insert not end insert prohibit either
of the following:

(1) The enforcement of state or local energy conservation or
energy insulation standards, adopted prior to the effective date of
rules and regulations adopted pursuant to subdivisions (a) and (b)
of Section 25402 and this section with regard to residential and
nonresidential buildings on which actual site preparation and
construction have commenced prior to that date.

(2) The enforcement of city or county energy conservation or
energy insulation standards, whenever adopted, with regard to
residential and nonresidential buildings on which actual site
preparation and construction have not commenced prior to the
effective date of rules and regulations adopted pursuant to
subdivisions (a) and (b) of Section 25402 and this section, if the
city or county files the basis of its determination that the standards
are cost effective with the commission and the commission finds
that the standards will require the diminution of energy
consumption levels permitted by the rules and regulations adopted
pursuant to those sections. If, after two or more years after the
filing with the commission of the determination that those standards
are cost effective, there has been a substantial change in the factual
circumstances affecting the determination, upon application by
any interested party, the city or county shall update and file a new
basis of its determination that the standards are cost effective. The
determination that the standards are cost effective shall be adopted
by the governing body of the city or county at a public meeting.
If, at the meeting on the matter, the governing body determines
that the standards are no longer cost effective, the standards shall,
as of that date, be unenforceable and no building permit or other
entitlement shall be denied based on the noncompliance with the
standards.

begin delete

(i)

end delete

begin insert ( end insert begin insert d) end insert  The commission may exempt from the requirements of this
section and of any regulations adopted pursuant begin delete thereto end delete begin insert to this
section end insert any proposed building for which compliance would be
impossible without substantial delays and increases in cost of
construction, if the commission finds that substantial funds have
been expended in good faith on planning, designing, architecture begin insert , end insert
or engineering prior to the date of adoption of the regulations.

begin delete

(j)

end delete

begin insert ( end insert begin insert e) end insert  If a dispute arises between an applicant for a building permit,
or the state pursuant to paragraph (5) of subdivision begin delete (g) end delete begin insert (b) end insert , and
the building department regarding interpretation of Section 25402
or the regulations adopted pursuant thereto, either party may submit
the dispute to the commission for resolution. The commission’s
determination of the matter shall be binding on the parties.

begin delete

(k)

end delete

begin insert ( end insert begin insert f) end insert  Nothing in Section 25130, 25131, or 25402, or in this section
prevents enforcement of any regulation adopted pursuant to this
chapter, or Chapter 11.5 (commencing with Section 19878) of Part
3 of Division 13 of the Health and Safety Code as they existed
prior to September 16, 1977.