BILL ANALYSIS                                                                                                                                                                                                    �






                                                                  AB 2581

                                                                  Page A

          GOVERNOR'S VETO
          AB 2581 (Bradford)
          As Amended  August 19, 2014
          2/3 vote

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          |ASSEMBLY:  |79-0 |(May 29, 2014)  |SENATE: |29-5 |(August 26,    |
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          |ASSEMBLY:  |79-0 |(August 27,     |        |     |               |
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           Original Committee Reference:    U. & C.  

           SUMMARY  :  Makes various changes in statutes related to the  
          California Energy Commission's (CEC) adoption and use of  
          appliance and building standards.  Specifically,  this bill  :  

          1)Allows a manufacturer to use electronic labeling, as  
            appropriate, to meet CEC labeling requirements.

          2)Requires the CEC to consider the most current data available  
            when adopting appliance standards.

          3)Allows the CEC to consider or recognize voluntary agreements  
            in lieu of regulation to promote water and energy efficient  
            appliances.

          4)Requires the CEC to consider adopting a process that allows  
            inconsistent or duplicative standards to be repealed.

          5)Requires CEC to perform preliminary software tests using  
            examples of common residential and non-residential buildings  
            before approving a public domain computer program to estimate  
            energy consumption.  Requires CEC to make the results publicly  
            available.












                                                                  AB 2581

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          6)Requires CEC to ensure its computer program that estimates  
            energy consumption is publicly available at least six months  
            before the effective date of adopted or updated standards.

          7)Requires CEC to routinely adjust the software to improve  
            modeling accuracy for use with estimating energy use of  
            single-family residential dwellings and multi-family  
            residential dwellings.

           The Senate amendments:

           1)Allow a manufacturer to use electronic labeling, as  
            appropriate, to meet CEC labeling requirements.

          2)Require the CEC to consider current data when adopting  
            appliance standards.  The Assembly version of this bill  
            required the CEC to rely on current data.

          3)Allow the CEC to consider or recognize voluntary agreements in  
            lieu of regulation to promote water and energy efficient  
            appliances.  The Assembly version of this bill authorized the  
            use of voluntary agreements.
          4)Requires the CEC to consider adopting a process that allows  
            inconsistent or duplicative standards to be repealed.  The  
            Assembly version of this bill allowed the CEC to repeal  
            inconsistent or duplicative standards.  
           
           FISCAL EFFECT  :   According to the Senate Appropriations  
          Committee:
                             
          1)One-time costs of $150,000 then ongoing costs of $75,000 from  
            the Energy Resources Programs Account (General) to allow  
            electronic labeling.

          2)Ongoing costs of approximately $1 million for staff and  
            contracts from the Energy Resources Programs Account (General)  
            to continuously improve modeling accuracy of energy assessment  
            tools.
           
          COMMENTS  :   












                                                                  AB 2581

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          1)Purpose.  According to the author, the tools approved by CEC  
            to estimate energy usage are not accurate and consistently  
            overestimate energy usage.  This bill requires CEC to  
            routinely adjust public domain software that estimates energy  
            usage and disclose any potential differences between the model  
            and actual energy use patterns.  The author also asserts that  
            when standards are adopted or updated, CEC software is not  
            always fully tested and ready to go.  This bill requires  
            testing and approval to be completed six months before  
            standards go into effect.  

            Related to appliance standards, reports claim the CEC  
            sometimes uses outdated data when adopting appliance  
            standards, and furthermore, the CEC cannot repeal inconsistent  
            or duplicative standards.  This bill ensures the most current  
            data is considered when enacting energy efficiency standards  
            for appliances and requires the CEC to consider adopting a  
            process that allows for the repeal of inconsistent or  
            duplicative standards.  Moreover, the bill allows a  
            manufacturer to use electronic labeling to meet CEC labeling  
            requirements and also allows the CEC to consider or recognize  
            voluntary agreements in lieu of regulation to promote water  
            and energy efficient appliances. 

          2)Energy assessments and ratings.  An energy assessment examines  
            energy saving opportunities in a particular building, in order  
            to define potential upgrades.  This process typically uses  
            modeling software.  Ratings are used to compare the energy  
            efficiency of one building to others based on standard  
            assumptions of occupant behavior.  Both anecdotal evidence and  
            controlled studies have raised concerns about the accuracy of  
            energy assessments.<1> A recent report found that modeling  
            software consistently overestimated the energy use of each  
            home:<2> 

               a)     Mean modeled total annual use was 40% greater than  
               -------------------------
          <1> National Renewable Energy Laboratory. Assessing and  
          Improving the Accuracy of Energy Analysis for Residential  
          Buildings.
          <2> 2010-2012 PG&E and SCE Whole House Retrofit Program Process  
          Evaluation Study.










                                                                  AB 2581

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                 billed use. 

               b)     Mean modeled annual kilowatts use was 56% to 68%  
                 greater than billed use.

               c)     Mean modeled annual gas use was 39% to 43% greater  
                 than billed use.

            The same study found that estimates prepared by the different  
            assessment tools yielded results that were significantly  
            different from each other and overestimated energy use. 

            The CEC agrees that "simulation results should be calibrated  
            to actual energy usage to help homeowners understand how their  
            investment will likely affect their energy use if their  
            occupant behavior remains the same after improvements are  
            installed."

            Furthermore, when building energy efficiency standards are  
            adopted or updated, CEC compliance tools are not always fully  
            tested and ready to go.  This bill requires testing and  
            approval to be completed six months before standards go into  
            effect.  

          3)Appliance standards.  California is a leader in energy  
            efficiency regulations, setting standards for various  
            appliances years before the United States Department of  
            Energy.  Since 1976, California law has required that certain  
            appliances meet efficiency standards; therefore each appliance  
            must be tested and certified to the State before it can be  
            sold.

            Various studies have found that the CEC has based analyses  
            related to appliance standards on outdated data.  One report  
            argues that the CEC's 2011 analysis of battery chargers and  
            self-contained lighting controls was based on outdated data  
            which overstated product savings and understated the  















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            incremental costs of compliance.<3> Another claimed that  
            analyses regarding consumer electronics (such as TVs, compact  
            audio products, DVD players, and more) utilized "outdated  
            power draw values to develop an energy-consumption baseline  
            that, in many cases, does not appear to reflect the  
            performance of typical new devices."<4>

           GOVERNOR'S VETO MESSAGE  :

          "The bill would add specific considerations which are already  
          part of the way the Energy Commission adopts appliance  
          efficiency standards.  The bill does not add any additional  
          authority to the Commission.

          "I am directing the Commission to continue to work with all  
          stakeholders involved in the appliance efficiency standards and  
          consider all data submitted to the record, relevant market  
          developments and appropriate labeling options."


           Analysis Prepared by  :    Brandon Gaytan / U. & C. / (916)  
          319-2083 
           
           
                                                                FN: 0005629








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          <3> Wazzan and Eash. 2011. A Critique of the Regulations on  
          Battery Charging Systems Proposed by the California Energy  
          Commission. 
          <4> TIAX. Assessment of Analyses Performed for the California  
          Energy Efficiency Regulations for Consumer Electronics Products.