Bill Text: CA AB2581 | 2013-2014 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Energy: appliance standards: public domain computer program: home energy rating.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Vetoed) 2014-09-26 - Vetoed by Governor. [AB2581 Detail]

Download: California-2013-AB2581-Amended.html

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BILL NUMBER: AB 2581	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 21, 2014

INTRODUCED BY   Assembly Member Bradford

                        FEBRUARY 21, 2014

   An act to amend  Section   Sections 25402 and
 25402.1 of the Public Resources Code, relating to energy.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2581, as amended, Bradford. Energy:  appliance standards:
 public domain computer program. 
   (1) Existing law requires the State Energy Resources Conservation
and Development Commission to prescribe, by regulation, standards for
minimum levels of operating efficiency, and authorizes the
commission to prescribe other cost-effective measures, to promote the
use of energy and water-efficient appliances whose use requires a
significant amount of energy or water on a statewide basis. 

   This bill would instead authorize the commission to prescribe or
adopt other cost-effective measures, including voluntary agreements.
The bill would authorize the commission to repeal a standard of
minimum levels operating efficiency for an appliance if it finds that
the standard is duplicative or inconsistent with federal or state
law. The bill would require the commission to rely on the most
current data possible and, whenever feasible, to rely on data no
older than one year prior to the commencement of a rulemaking
proceeding to consider adoption or amendment of a standard for an
appliance.  
   Existing 
    (2)     Existing  law requires the
 California Energy Commission   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
  approve and make publicly available, not less than 6
months prior to the effective date of adopted or updated efficiency
standards,  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.  program. The bill would require the
commission, before approving the public domain computer program, to
perform preliminary tests of the public domain computer program using
common examples of residential and nonresidential buildings and
building systems to ensure the usability of the program by
architects, builders, contractors, and local code enforcement
personnel. The bill would require the commission to make the results
of those preliminary tests publicly available.  
   For existing single-family residential dwellings and multifamily
residential dwellings with up to 4 units, the bill would require the
commission to ensure that energy assessment tools used by the
commission are routinely adjusted to improve modeling accuracy and to
ensure that consumers receive a notice with the output of the energy
assessment tools explaining the assumptions used in the energy
assessment tools and how they may differ from actual usage patterns.

   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 of the   Public
Resources Code   is amended to read: 
   25402.  The commission shall, after one or more public hearings,
do all of the following, in order to reduce the wasteful, uneconomic,
inefficient, or unnecessary consumption of energy, including the
energy associated with the use of water:
   (a) (1) 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. The commission shall
periodically update the standards and adopt any revision that, in its
judgment, it deems necessary. Six months after the commission
certifies an energy conservation manual pursuant to subdivision (c)
of Section 25402.1,  no   a  city, county,
city and county, or state agency shall  not  issue a permit
for  any   a  building unless the building
satisfies the standards prescribed by the commission pursuant to this
subdivision or subdivision (b) that are in effect on the date an
application for a building permit is filed. Water efficiency
standards adopted pursuant to this subdivision shall be demonstrated
by the commission to be necessary to save energy.
   (2) Prior to adopting a water efficiency standard for residential
buildings, the Department of Housing and Community Development and
the commission shall issue a joint finding whether the standard (A)
is equivalent or superior in performance, safety, and for the
protection of life, health, and general welfare to standards in Title
24 of the California Code of Regulations and (B) does not
unreasonably or unnecessarily impact the ability of Californians to
purchase or rent affordable housing, as determined by taking account
of the overall benefit derived from water efficiency standards.
 Nothing in this   This  subdivision
 in   does not in  any way  reduces
  reduce  the authority of the Department of
Housing and Community Development to adopt standards and regulations
pursuant to Part 1.5 (commencing with Section 17910) of Division 13
of the Health and Safety Code.
   (3) Water efficiency standards and water conservation design
standards adopted pursuant to this subdivision and subdivision (b)
shall be consistent with the legislative findings of this division to
ensure and maintain a reliable supply of electrical energy and be
equivalent to or superior to the performance, safety, and protection
of life, health, and general welfare standards contained in Title 24
of the California Code of Regulations. The commission shall consult
with the members of the coordinating council as established in
Section 18926 of the Health and Safety Code in the development of
these standards.
   (b) (1) Prescribe, by regulation, energy and water conservation
design standards for new residential and new nonresidential
buildings. The standards shall be performance standards and shall be
promulgated in terms of energy consumption per gross square foot of
floorspace, but may also include devices, systems, and techniques
required to conserve energy and water. The commission shall
periodically review the standards and adopt any revision that, in its
judgment, it deems necessary. A building that satisfies the
standards prescribed pursuant to this subdivision need not comply
with the standards prescribed pursuant to subdivision (a). Water
conservation design standards adopted pursuant to this subdivision
shall be demonstrated by the commission to be necessary to save
energy. Prior to adopting a water conservation design standard for
residential buildings, the Department of Housing and Community
Development and the commission shall issue a joint finding whether
the standard (A) is equivalent or superior in performance, safety,
and for the protection of life, health, and general welfare to
standards in the California Building Standards Code and (B) does not
unreasonably or unnecessarily impact the ability of Californians to
purchase or rent affordable housing, as determined by taking account
of the overall benefit derived from the water conservation design
standards. Nothing in this subdivision in any way reduces the
authority of the Department of Housing and Community Development to
adopt standards and regulations pursuant to Part 1.5 (commencing with
Section 17910) of Division 13 of the Health and Safety Code.
   (2) In order to increase public participation and improve the
efficacy of the standards adopted pursuant to subdivisions (a) and
(b), the commission shall, prior to publication of the notice of
proposed action required by Section 18935 of the Health and Safety
Code, involve parties who would be subject to the proposed
regulations in public meetings regarding the proposed regulations.
All potential affected parties shall be provided advance notice of
these meetings and given an opportunity to provide written or oral
comments. During these public meetings, the commission shall receive
and take into consideration input from all parties concerning the
parties' design recommendations, cost considerations, and other
factors that would affect consumers and California businesses of the
proposed standard. The commission shall take into consideration prior
to the start of the notice of proposed action any input provided
during these public meetings.
   (3) The standards adopted or revised pursuant to subdivisions (a)
and (b) shall be cost-effective when taken in their entirety and when
amortized over the economic life of the structure compared with
historic practice. When determining cost-effectiveness, the
commission shall consider the value of the water or energy saved,
impact on product efficacy for the consumer, and the life cycle cost
of complying with the standard. The commission shall consider other
relevant factors, as required by Sections 18930 and 18935 of the
Health and Safety Code, including, but not limited to, the impact on
housing costs, the total statewide costs and benefits of the standard
over its lifetime, economic impact on California businesses, and
alternative approaches and their associated costs.
   (c) (1)  (A)    Prescribe, by regulation,
standards for minimum levels of operating efficiency, based on a
reasonable use pattern, and may prescribe  or adopt  other
cost-effective measures, including incentive programs, fleet
averaging, energy and water consumption labeling not preempted by
federal labeling law,  and  consumer education
programs,  and voluntary agreements  to promote the use of
energy and water efficient appliances whose use, as determined by the
commission, requires a significant amount of energy or water on a
statewide basis. The minimum levels of operating efficiency shall be
based on feasible and attainable efficiencies or feasible improved
efficiencies that will reduce the energy or water consumption growth
rates. The standards shall become effective no sooner than one year
after the date of adoption or revision.  No   A
 new appliance manufactured on or after the effective date of
the standards  may   shall not  be sold or
offered for sale in the state, unless it is certified by the
manufacturer thereof to be in compliance with the standards. The
standards shall be drawn so that they do not result in any added
total costs for consumers over the designed life of the appliances
concerned. 
   In 
    (B)     In  order to increase public
participation and improve the efficacy of the standards adopted
pursuant to this subdivision, the commission shall, prior to
publication of the notice of proposed action required by Section
18935 of the Health and Safety Code, involve parties who would be
subject to the proposed regulations in public meetings regarding the
proposed regulations. All potential affected parties shall be
provided advance notice of these meetings and given an opportunity to
provide written or oral comments. During these public meetings, the
commission shall receive and take into consideration input from all
parties concerning the parties' design recommendations, cost
considerations, and other factors that would affect consumers and
California businesses of the proposed standard. The commission shall
take into consideration prior to the start of the notice of proposed
action any input provided during these public meetings. 
   The 
    (C)     The  standards adopted or
revised pursuant to this subdivision shall not result in any added
total costs for consumers over the designed life of the appliances
concerned. When determining cost-effectiveness, the commission shall
consider the value of the water or energy saved, impact on product
efficacy for the consumer, and the life cycle cost to the consumer of
complying with the standard. The commission shall consider other
relevant factors, as required by Sections 11346.5 and 11357 of the
Government Code, including, but not limited to, the impact on housing
costs, the total statewide costs and benefits of the standard over
its lifetime, economic impact on California businesses, and
alternative approaches and their associated costs.
   (2)  No   A    new appliance,
except for any plumbing fitting, regulated under paragraph (1), that
is manufactured on or after July 1, 1984,  may  
shall not  be sold, or offered for sale, in the state, unless
the date of the manufacture is permanently displayed in an accessible
place on that appliance.
   (3) During the period of five years after the commission has
adopted a standard for a particular appliance under paragraph (1),
 no   an  increase or decrease in the
minimum level of operating efficiency required by the standard for
that appliance shall  not  become effective, unless the
commission adopts other cost-effective measures for that appliance.
   (4) Neither the commission nor any other state agency shall take
any action to decrease any standard adopted under this subdivision on
or before June 30, 1985, prescribing minimum levels of operating
efficiency or other energy conservation measures for any appliance,
unless the commission finds by a four-fifths vote that a decrease is
of benefit to ratepayers, and that there is significant evidence of
changed circumstances. Before January 1, 1986, the commission shall
not take any action to increase a standard prescribing minimum levels
of operating efficiency for any appliance or adopt a new standard
under paragraph (1). Before January 1, 1986, any appliance
manufacturer doing business in this state shall provide directly, or
through an appropriate trade or industry association, information, as
specified by the commission after consultation with manufacturers
doing business in the state and appropriate trade or industry
associations on sales of appliances so that the commission may study
the effects of regulations on those sales. These informational
requirements shall remain in effect until the information is
received. The trade or industry association may submit sales
information in an aggregated form in a manner that allows the
commission to carry out the purposes of the study. The commission
shall treat any sales information of an individual manufacturer as
confidential and that information shall not be a public record. The
commission shall not request any information that cannot be
reasonably produced in the exercise of due diligence by the
manufacturer. At least one year prior to the adoption or amendment of
a standard for an appliance, the commission shall notify the
Legislature of its intent, and the justification to adopt or amend a
standard for the appliance.  The commission shall rely on the
most current data available and, whenever feasible, shall rely on
data no older than one year prior to the commencement of a rulemaking
proceeding to consider adoption or amendment of a standard for an
appliance pursuant to this subdivision.  Notwithstanding
paragraph (3) and this paragraph, the commission may do any of the
following:
   (A) Increase the minimum level of operating efficiency in an
existing standard up to the level of the National Voluntary Consensus
Standards 90, adopted by the American Society of Heating,
Refrigeration, and Air Conditioning Engineers or, for appliances not
covered by that standard, up to the level established in a similar
nationwide consensus standard.
   (B) Change the measure or rating of efficiency of any standard, if
the minimum level of operating efficiency remains substantially the
same.
   (C) Adjust the minimum level of operating efficiency in an
existing standard in order to reflect changes in test procedures that
the standards require manufacturers to use in certifying compliance,
if the minimum level of operating efficiency remains substantially
the same.
   (D) Readopt a standard preempted, enjoined, or otherwise found
legally defective by an administrative agency or a lower court, if
final legal action determines that the standard is valid and if the
standard that is readopted is not more stringent than the standard
that was found to be defective or preempted. 
   (E) Repeal a standard for a particular appliance adopted under
paragraph (1) if it finds that the standard is duplicative or
inconsistent with federal or state law.  
   (E) 
    (F)  Adopt or amend any existing or new standard at any
level of operating efficiency, if the Governor has declared an energy
emergency as described in Section 8558 of the Government Code.
   (5) Notwithstanding paragraph (4), the commission may adopt
standards pursuant to Commission Order No. 84-0111-1, on or before
June 30, 1985.
   (d)  (1)    Recommend minimum standards of
efficiency for the operation of  any   a 
new facility at a particular site that are technically and
economically feasible.  No   A  site and
related facility shall  not  be certified pursuant to
Chapter 6 (commencing with Section 25500), unless the applicant
certifies that standards recommended by the commission have been
considered, which certification shall include a statement specifying
the extent to which conformance with the recommended standards will
be achieved. 
   Whenever 
    (2)     Whenever  this section and
Chapter 11.5 (commencing with Section 19878) of Part 3 of Division 13
of the Health and Safety Code are in conflict, the commission shall
be governed by that chapter of the Health and Safety Code to the
extent of the conflict.
   (e) The commission shall do all of the following:
   (1) Not later than January 1, 2004, amend any regulations in
effect on January 1, 2003, pertaining to the energy efficiency
standards for residential clothes washers to require that residential
clothes washers manufactured on or after January 1, 2007, be at
least as water efficient as commercial clothes washers.
   (2) Not later than April 1, 2004, petition the federal Department
of Energy for an exemption from any relevant federal regulations
governing energy efficiency standards that are applicable to
residential clothes washers.
   (3) Not later than January 1, 2005, report to the Legislature on
its progress with respect to the requirements of paragraphs (1) and
(2).
   SECTION 1.   SEC. 2.   Section 25402.1
of the Public Resources Code is amended to read:
   25402.1.   (a)    In order to
implement the requirements of subdivisions (a) and (b) of Section
25402,  the commission shall do  all of the
following  shall apply  : 
   (1) Develop 
    (a)     The commission shall develop 
a public domain computer program that 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 shall
be based upon the actual cost of the program, including any computer
costs. 
   (2) Establish 
    (b)     The commission shall establish
 a formal process for certification of compliance options for
new products, materials, and calculation methods that 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  paragraph.   subdivision.
 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. 
   (3) Include 
    (c)     The commission shall include 
a prescriptive method of complying with the standards, including
design aids such as a manual, sample calculations, and model
structural designs. 
   (4) Conduct 
    (d)     The commission shall 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  paragraph (1)  
subdivision (a)  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, as
that section read on December 31, 2003, 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. 
   (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.  
   (6) Certify, 
    (e)     The commission shall 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: 
   (A) 
    (1)  The standards for energy conservation established
by the commission. 
   (B) 
    (2)  Forms, charts, tables, and other data to assist
designers and builders in meeting the standards. 
   (C) 
    (3)  Design suggestions for meeting or exceeding the
standards. 
   (D) 
    (4)  Any other information which the commission finds
will assist persons in conforming to the standards. 
   (E) 
    (5)  Instructions for use of the computer program for
calculating energy consumption in residential and nonresidential
buildings. 
   (F) 
    (6)  The prescriptive method for use as an alternative
to the computer program. 
   (f) The commission shall approve and make publicly available, not
less than six months prior to the effective date of adopted or
updated standards, the public domain computer program developed
pursuant to subdivision (a). Before approving the public domain
computer program, the commission shall do both of the following:
 
   (1) Perform preliminary tests of the public domain computer
program using common examples of residential and nonresidential
buildings and building systems to ensure the usability of the public
domain computer program by architects, builders, contractors, and
local code enforcement personnel.  
   (2) Make the results of the preliminary tests publicly available.
 
   (g) For existing single-family residential dwellings and
multifamily residential dwellings with up to four units, the
commission shall do both of the following:  
   (1) Ensure energy assessment tools used by the commission are
routinely adjusted to improve modeling accuracy.  
   (2) Ensure that consumers receive a notice with the output of the
energy assessment tools explaining the assumptions used in the energy
assessment tools and how they may differ from actual usage patterns.
 
   (7) Establish 
    (h)     The commission shall establish
 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. 
   (b) 
    (i)  Subdivisions (a) and (b) of Section 25402 and this
section, and the rules and regulations of the commission adopted
pursuant to those provisions, shall be enforced by the building
department of every city, county, or city and county.
   (1) A building permit for a residential or nonresidential building
shall not 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) The construction of a state building shall not 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 Chapter 2.8 (commencing with
Section 15814.30) of Part 10b of Division 3 of Title 2 of the
Government Code, subdivision (a) or (b) of Section 25402, and this
section that are applicable to the building. 
   (c) 
    (j)  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. Those sections shall not 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. 
   (d) 
    (k)  The commission may exempt from the requirements of
this section and of any regulations adopted pursuant to this section
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, or engineering prior
to the date of adoption of the regulations. 
   (e) 
    (l)  If a dispute arises between an applicant for a
building permit, or the state pursuant to paragraph (5) of
subdivision  (b),   (i),  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. 

   (f) 
    (m)  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.