BILL NUMBER: ABX2 48 AMENDED
BILL TEXT
AMENDED IN SENATE JULY 10, 2001
AMENDED IN SENATE JULY 2, 2001
AMENDED IN SENATE JUNE 25, 2001
INTRODUCED BY Assembly Member Wright
MAY 22, 2001
An act to amend Section 25402.1 of the Public Resources Code,
relating to energy.
LEGISLATIVE COUNSEL'S DIGEST
AB 48, as amended, Wright. Energy conservation.
Existing
(1) Existing law requires the State Energy Resources
Conservation and Development 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 for new residential and new nonresidential buildings
and to provide an energy conservation manual that includes a
prescriptive method of complying with the standards. Existing law
prohibits a city, county, city and county, or state agency from
issuing a permit for any building unless the building satisfies the
standards prescribed by the commission that are in effect on the date
an application for a building permit is filed, unless the city,
county, or city and county files a determination with the commission
that its own standards are cost effective, and the commission makes a
particular finding.
This bill would permit cities, counties, and cities and counties
to implement building standards requiring the use of solar water
heating or photovoltaic systems without demonstrating cost
effectiveness to the commission.
The bill would require the commission to provide specified
information to local building departments, and to develop a program
to educate builders and developers in construction techniques for
zero energy buildings. The bill would require the building
department of a city, county, or city and county to consider and
mitigate the effects of new building construction demands on local
energy supply infrastructure, and to make every effort to increase
the use of solar and other renewable and peak electricity load
shifting technologies in new buildings, thereby imposing a
state-mandated local program. This bill would require the commission
to accelerate and minimize the approval and permitting process for
buildings that incorporate solar energy technologies.
The bill would also make technical, nonsubstantive changes.
(2) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement, including the creation of a State Mandates Claims Fund
to pay the costs of mandates that do not exceed $1,000,000 statewide
and other procedures for claims whose statewide costs exceed
$1,000,000.
This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no yes .
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. In order to implement the requirements of subdivisions
(a) and (b) of Section 25402, the commission shall do all of the
following:
(a) 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.
(b) 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 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.
(c) Include a prescriptive method of complying with the standards,
including design aids such as a manual, sample calculations, and
model structural designs.
(d) 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) The standards for energy conservation established by the
commission.
(2) Forms, charts, tables, and other data to assist designers and
builders in meeting the standards.
(3) Design suggestions for meeting or exceeding the standards.
(4) Any other information that the commission finds will assist
persons in conforming to the standards.
(5) Instructions for use of the computer program for calculating
energy consumption in residential and nonresidential buildings.
(6) The prescriptive method for use as an alternative to the
computer program.
(e) 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. The commission shall provide
information to local building departments on solar energy and other
renewable energy products, high efficiency appliances, and
construction techniques that contribute to the goal of buildings that
consume zero energy. The commission shall develop a zero energy
buildings program to educate builders and developers in construction
techniques to develop buildings that consume zero energy.
(f) Subdivisions (a) and (b) of Section 25402 and this section,
and the rules and regulations of the commission adopted pursuant
thereto, shall be enforced by the building department of every city,
county, or city and county. The building department of a city,
county, or city and county shall consider and mitigate the effects
of new building construction demands on local energy supply
infrastructure, and shall make every effort to increase the use of
solar and other renewable and peak electricity load shifting
technologies in new buildings.
(1) No building permit for any residential or nonresidential
building may 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 construction of any state building shall 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.
(6) The commission shall establish procedures to accelerate and
minimize, and shall assist a city, county, or city and county in
accelerating and minimizing, the approval and permitting process for
residential and nonresidential buildings that incorporate solar
energy technologies.
(g) Subdivisions (a) and (b) of Section 25402 and this section
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
sections prohibits 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, county, or city and 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, county, or city and 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, except that cities, counties, or
cities and counties may implement building standards requiring the
use of solar water heating or photovoltaic systems without
demonstrating cost effectiveness to the commission. If, after two or
more years after the filing with the commission of the determination
that any nonsolar 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,
county, or city and 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, county, or city and 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.
(h) The commission may exempt from the requirements of this
section and of any regulations adopted pursuant thereto 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.
(i) If a dispute arises between an applicant for a building
permit, or the state pursuant to paragraph (5) of subdivision (f),
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.
(j) 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.
SEC. 2. Notwithstanding Section 17610 of the Government Code, if
the Commission on State Mandates determines that this act contains
costs mandated by the state, reimbursement to local agencies and
school districts for those costs shall be made pursuant to Part 7
(commencing with Section 17500) of Division 4 of Title 2 of the
Government Code. If the statewide cost of the claim for
reimbursement does not exceed one million dollars ($1,000,000),
reimbursement shall be made from the State Mandates Claims Fund.