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

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

---

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-Introduced.html

---

BILL NUMBER: AB 2581	INTRODUCED
	BILL TEXT


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.   (a)    In order to implement the
requirements of subdivisions (a) and (b) of Section 25402, the
commission shall do all of the following: 
   (a) 
    (   1)  Develop a public domain computer
program  which   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  fee  shall be based upon the
actual cost of the program, including any computer costs. 
   (b) 
    (   2)  Establish a formal process for
certification of compliance options for new products, materials, and
calculation methods  which   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  subdivision   paragraph 
. 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. 
   (c) 
    (   3)  Include a prescriptive method of
complying with the standards, including design aids such as a manual,
sample calculations, and model structural designs. 
   (d) 
    (  4)  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 
subdivision (a)   paragraph (1)  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.  
   (e) 
    (   6)  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: 
   (1) 
    (   A)  The standards for energy conservation
established by the commission. 
   (2) 
    (   B)  Forms, charts, tables, and other data
to assist designers and builders in meeting the standards. 
   (3)
    (   C)  Design suggestions for meeting or
exceeding the standards. 
   (4) 
    (   D)  Any other information which the
commission finds will assist persons in conforming to the standards.

   (5) 
    (   E)  Instructions for use of the computer
program for calculating energy consumption in residential and
nonresidential buildings. 
   (6) 
    (   F)  The prescriptive method for use as an
alternative to the computer program. 
   (f) The commission shall establish 
    (   7)     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. 
   (g) 
    (   b)  Subdivisions (a) and (b) of Section
25402 and this section, and the rules and regulations of the
commission adopted pursuant  thereto,   to those
provisions,  shall be enforced by the building department of
every city, county, or city and county.
   (1)  No   A  building permit for
 any   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)  No   The  construction of 
any   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  subdivision (a) or
(b) of  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
 which   that  are applicable to the
building. 
   (h) 
    (   c)  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.  Nothing in those 
 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. 
   (i) 
    (   d)  The commission may exempt from the
requirements of this section and of any regulations adopted pursuant
 thereto   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. 
   (j) 
    (   e) If a dispute arises between an applicant
for a building permit, or the state pursuant to paragraph (5) of
subdivision  (g)   (b)  , 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. 

   (k) 
    (   f)  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.