BILL NUMBER: ABX2 48 AMENDED
BILL TEXT
AMENDED IN SENATE AUGUST 20, 2001
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 Sections 25402.1 and 25619 of the Public
Resources Code, and to add Section 9618 to the Unemployment Insurance
Code , relating to energy.
LEGISLATIVE COUNSEL'S DIGEST
AB 48, as amended, Wright. Energy conservation.
(1) Existing law requires the State Energy Resources Conservation
and Development Commission to prescribe, by regulation, lighting,
an 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 enact the Solar
Training, Education, and Certification Act of 2001. The bill would
authorize 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 in new residential
construction projects of 200 units or more in size .
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 to encourage the
construction of buildings that use solar thermal and photovoltaic
systems . 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) Existing law requires the State Energy Resources and
Conservation Commission to develop a grant program to offset a
portion of the cost of an eligible solar energy system, as defined.
Existing law requires that eligible solar energy systems for
electricity generation be listed by a certified testing agency.
This bill would require that, in the absence of certification,
major components of eligible solar energy systems for electricity
generation comply with specifications adopted by the commission.
(3) Existing law establishes in state government the Employment
Development Department, and specifies its powers and duties.
This bill would require the department to administer a solar
training and oversight program, as specified, to ensure that solar
energy product and service providers in California possess adequate
skills and training.
(4) 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: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. (a) This act shall be known, and may be cited, as
the Solar Training, Education, and Certification Act of 2001.
(b) The Legislature finds and declares all of the following:
(1) California's increasing energy needs require the development
of alternative energy resources, including solar energy for the
production of heat and electricity.
(2) California leads the nation and ranks as a world leader in the
development of technologies and programs to accelerate the use of
solar energy.
(3) A training and certification program authorized by the
Legislature and administered by the Employment Development
Department, in consultation and cooperation with the Contractors
State License Board and solar industry stakeholders, can help
mitigate the state's energy shortage by ensuring that appropriate
training and education is available for those practicing in and
entering into the solar energy design, construction, and installation
businesses.
SEC. 2. 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. The commission shall develop a program to
encourage the construction of buildings that use solar thermal and
photovoltaic systems. The program shall recognize owners and
builders who participate in the program by awarding a "Solar Seal" to
homes that exceed the state's building standards in existence on the
effective date of the act adding this section, by an amount not less
than 30 percent, through the use of solar energy systems.
(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
(2) (A) 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 all of
the following conditions occur:
(1) The city, county, or city and county files with the commission
the basis of its determination that the standards are
cost-effective. Cost-effectiveness takes into consideration air
quality benefits, energy supply diversity benefits, peak load
reduction benefits, gas and electric system reliability benefits, and
the benefit of reduced reliance on energy imported from other states
or countries.
(2) 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.
(B) Notwithstanding subparagraph (A), cities, counties, or cities
and counties may implement building standards requiring the use of
solar water heating or photovoltaic systems in new residential
construction projects 200 units or more in size.
(C) 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.
SEC. 3. Section 25619 of the Public Resources Code is amended to
read:
25619. (a) The commission shall develop a grant program to offset
a portion of the cost of eligible solar energy systems. The goals
of the program are all of the following:
(1) To make solar energy systems cost competitive with alternate
forms of energy.
(2) To provide support for electricity storage capabilities in
solar electric applications to facilitate enhanced reliability in the
event of a power outage.
(3) To encourage the purchase by California residents of
California-made solar systems.
(b) (1) The grant for an eligible solar energy system shall be
based on either the performance of, or the type of, the solar energy
system, as the commission determines, and the amount of the grant
shall not exceed seven hundred fifty dollars ($750). Except as
provided in paragraph (2), if a grant is awarded pursuant to this
section for an eligible solar energy system that produces
electricity, no grant shall be made for that system from any other
grant program administered by the commission.
(2) An applicant who receives a grant for a photovoltaic solar
energy system from another program administered by the commission,
may also receive a grant for that system pursuant to this section, if
all of the following conditions are met:
(A) The system will accomplish the purpose specified in paragraph
(3) of subdivision (a).
(B) The system is an eligible solar energy system.
(C) The system includes adequate battery storage, as determined by
the commission.
(c) Purchasers, sellers, owner-builders, or owner-developers of
the solar energy system may apply for a grant under this section. An
owner-builder or owner-developer of a new single-family dwelling on
which a system is installed may elect not to apply for a grant on a
solar energy system installed on a new single-family dwelling. If an
owner-builder or owner-developer of a new single-family dwelling on
which a system is installed elects not to apply for the grant for a
solar energy system, the purchaser of the dwelling may apply for the
grant. The seller, owner-builder, or owner-developer shall reflect
the amount of the grant received on the purchaser's bill of sale.
(d) The commission shall develop and adopt guidelines to provide
appropriate consumer protection under the grant program and to govern
other aspects of the grant program. The guidelines shall be adopted
at a publicly noticed meeting and all interested parties shall be
provided an opportunity to comment either orally or in writing. Not
less than 30 days notice shall be provided for the public meeting.
Subsequent substantive changes to adopted guidelines shall be adopted
by the commission at a public meeting upon written notice to the
public of not less than 10 days. The guidelines adopted pursuant to
this subdivision are not subject to the requirements of Chapter 3.5
(commencing with Section 11340) of Division 3 of Title 2 of the
Government Code.
(e) The commission shall require installers of solar energy
systems funded through grants under this section to be properly
licensed to do so by the Contractors' State License Board. This
requirement does not apply to the owner of a single-family dwelling
who installs a solar energy system on his or her single-family
dwelling.
(f) The award of a grant pursuant to this section is subject to
appeal to the commission upon a showing that factors other than those
described in the guidelines adopted by the commission were applied
in making the award. Any action taken by an applicant to apply for,
or become or remain eligible to receive an award, including
satisfying conditions specified by the commission, does not
constitute the rendering of goods, services, or a direct benefit to
the commission. Awards made pursuant to this section are not subject
to any repayment requirements of Chapter 7.4 (commencing with
Section 25645).
(g) For the purposes of this section, the following terms have the
following meanings:
(1) "Cost" includes equipment, installation charges, and all
components necessary to carry out the intended use of the system if
those components are an integral part of the system. In the case of
a system that is leased, "cost" means the principal recovery portion
of all lease payments scheduled to be made during the full term of
the lease, which is the cost incurred by the taxpayer in acquiring
the solar energy system, excluding interest charges and maintenance
expenses.
(2) (A) "Eligible solar energy system" means any new, previously
unused solar energy device whose primary purpose is to provide for
the collection, conversion, transfer, distribution, storage, or
control of solar energy for water heating or electricity generation,
and that meets applicable standards and requirements imposed by state
and local permitting authorities, including, but not limited to, the
National Electric Code. Eligible solar energy systems for water
heating purposes shall be certified by the Solar Rating and
Certification Corporation (SRCC) or any other nationally recognized
certification agency that certifies complete systems. Major
components of eligible solar energy systems for electricity
generation shall be listed by a certified testing agency, such as the
Underwriters Laboratory. In the absence of certification,
major components of eligible solar energy systems for electricity
generation shall comply with specifications adopted by the
commission.
(B) "Eligible solar energy system" does not include any of the
following:
(i) Wind energy devices that produce electricity or provide
mechanical work.
(ii) Additions to or augmentation of existing solar energy
systems.
(iii) A device that produces electricity for a structure unless
the device is interconnected and operates in parallel with the
electric grid.
(C) Eligible solar energy systems shall have a warranty of not
less than three years.
(3) "Installed" means placed in a functionally operative state.
(h) This section shall remain in effect only until January 1,
2006, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2006, deletes or extends
that date.
SEC. 4. Section 9618 is added to the Unemployment Insurance Code,
to read:
9618. (a) The department shall administer a solar training and
oversight program. The department shall solicit program design input
from representatives in the solar energy industry and other affected
stakeholder groups.
(b) The department shall develop appropriate educational,
training, and testing materials and curriculum, to ensure that solar
energy product and service providers in California possess adequate
skills and training. The department shall provide manufacturers or
other solar energy equipment providers who furnish in-house training
and certification programs the opportunity to integrate their
programs with state sponsored programs. The department shall provide
training and accreditation for new educators and trainers in the
solar energy discipline to adequately train new entrants into the
solar energy field.
(c) The department shall develop an administrative procedure to
support the certification of designers and installers of solar energy
products installed in California, including provisions for
examination, grading of examinations, and ongoing certification
update and tracking.
(d) Elements of the training program shall include, but need not
be limited to, all of the following:
(1) The science of photovoltaics and small scale solar thermal
technologies.
(2) The design of solar systems.
(3) The installation of solar systems.
(4) Permitting of solar systems.
(5) Safety.
(6) System and component certification.
(7) State and federal incentive programs.
SEC. 5. 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.