BILL NUMBER: AB 1561 AMENDED
BILL TEXT
AMENDED IN SENATE APRIL 11, 2002
AMENDED IN SENATE SEPTEMBER 4, 2001
AMENDED IN SENATE JUNE 26, 2001
AMENDED IN ASSEMBLY APRIL 26, 2001
AMENDED IN ASSEMBLY MARCH 29, 2001
INTRODUCED BY Assembly Member Kelley
FEBRUARY 23, 2001
An act to add Chapter 13 (commencing with Section 2960)
to Division 3 of the Fish and Game Code, relating to fish and game,
and making an appropriation therefor. An act to amend
Section 25402 of the Public Resources Code, relating to energy
resources.
LEGISLATIVE COUNSEL'S DIGEST
AB 1561, as amended, Kelley. Colorado River Water
Energy efficiency standards: clothes washers .
Existing law requires the State Energy Resources Conservation and
Development Commission, after one or more public hearings, to
prescribe, by regulation, among other things, certain energy
efficiency standards, cost-effective measures, and consumer education
programs, to promote the use of energy efficient appliances whose
use, as determined by the commission, requires a significant amount
of energy on a statewide basis.
This bill would require the commission, not later than January 1,
2004, to amend existing regulations pertaining to energy efficiency
standards for residential clothes washers to require a 9.5 water use
efficiency factor that would be applicable to all clothes washers
manufactured on or after January 1, 2007. The bill would also
require the commission, not later than April 1, 2003, to petition the
federal Department of Energy for an exemption from any federal
regulations governing energy efficiency standards that are applicable
to residential clothes washers manufactured or sold in California on
or after January 1, 2004, and, not later than January 1, 2004, to
report to the Legislature on its progress with respect to the above
requirements.
(1) Existing law authorizes the taking of endangered, threatened,
and candidate species under certain circumstances.
This bill would authorize the Department of Fish and Game and the
Fish and Game Commission to authorize the taking of certain birds and
fully protected species if the taking is related to (a) the
implementation of any component of the Lower Colorado River
Multi-Species Conservation Program established by the States of
California, Arizona, and Nevada and approved by the department, (b)
the implementation of any component of the May 11, 2000, working
draft of the California Colorado River Water Use Plan, or (c) the
effects of any covered activities as described in the Water
Conservation and Transfer Project Habitat Conservation Plan prepared
by the Imperial Irrigation District for the purpose of obtaining
compliance with the California Endangered Species Act for certain
water transfers.
The bill also would deem certain statutory requirements, including
requirements of the California Endangered Species Act, relating to
impacts or potential impacts at the Salton Sea on any species
resulting from conservation measures, water transfers, and any other
actions carried out in furtherance of a specified agreement,
satisfied as of January 1, 2002, and for the period that the
specified agreement is in effect. This provision would not be
operative if the specified agreement is not executed on or before
December 31, 2002.
The operation of the provisions described above would be suspended
if a specified feasibility study required by federal law relating to
the Salton Sea is not completed by December 31, 2002. Those
provisions then would again become operative when the study is
completed.
(2) Existing law continuously appropriates money in the Fish and
Game Preservation Fund to the department and to the commission to pay
all necessary expenses incurred in carrying out the Fish and Game
Code and to pay the compensation and expenses of the commissioners
and employees of the commission.
By authorizing the commission and the department to undertake new
duties, this bill would make an appropriation.
Vote: majority. Appropriation: yes. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Chapter 13 (commencing with Section 2960) is
SECTION 1. The Legislature finds and declares all of the
following:
(a) Significant amounts of energy are consumed in the state
through pumping water, water treatment, and sewage treatment.
(b) Water conservation is a proven tool that will make the most
effective use of the state's limited water supply, and will conserve
energy.
(c) A significant portion of urban water demand in the state is
for residential clothes washers.
(d) Section 17138 of the Revenue and Taxation Code includes in the
description of water efficient clothes washers that qualify for a
tax credit those clothes washers that meet specified water efficiency
standards, as determined by the State Energy Resources Conservation
and Development Commission.
(e) The State Energy Resources Conservation and Development
Commission established a water energy efficiency standard for all
commercial clothes washers sold in California on and after January 1,
2007.
(f) The federal Department of Energy regulations preempt the state
from establishing a similar minimum 9.5 water use efficiency factor
for residential clothes washers.
SEC. 2. 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:
(a) Prescribe, by regulation, lighting, insulation climate control
system, and other building design and construction standards
which that increase the efficiency in
the use of energy for new residential and new nonresidential
buildings. The standards shall be cost-effective, when taken in
their entirety, and when amortized over the economic life of the
structure when compared with historic practice. The commission shall
periodically update the standards and adopt any revision
which 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 city, county, city and county, or state agency shall issue a
permit for any building unless the building satisfies the standards
prescribed by the commission pursuant to this subdivision or
subdivision (b) of this section which that
are in effect on the date an application for a building permit
is filed.
(b) Prescribe, by regulation, energy 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.
The standards shall be cost-effective when taken in their entirety,
and when amortized over the economic life of the structure when
compared with historic practices. The commission shall periodically
review the standards and adopt any revision which
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) of this section . The commission shall comply
with the provisions of this subdivision before
January 1, 1981.
(c) (1) Prescribe, by regulation, standards for minimum levels of
operating efficiency, based on a reasonable use pattern, and may
prescribe other cost-effective measures, including incentive
programs, fleet averaging, energy consumption labelling not preempted
by federal labelling, and consumer education programs, to promote
the use of energy efficient appliances whose use, as determined by
the commission, requires a significant amount of energy on a
statewide basis. The minimum levels of operating efficiency shall be
based on feasible and attainable efficiencies or feasible improved
efficiencies which that will reduce the
electrical energy consumption growth rate. The standards shall
become effective no sooner than one year after the date of adoption
or revision. No new appliance manufactured on or after the effective
date of the standards may 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 to the consumer over the
designed life of the appliances concerned.
(2) No new appliance, except for any plumbing fitting, regulated
under paragraph (1), which is manufactured on or after July 1, 1984,
may 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 increase or decrease in the minimum level of
operating efficiency required by the standard for that appliance
shall 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 such a
decrease is of benefit to ratepayers, and that there is significant
evidence of changed circumstances. Prior to January 1, 1986, the
commission shall not take any action to increase any standard
prescribing minimum levels of operating efficiency for any appliance
or adopt any new standard under paragraph (1). Prior to 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 therefor, to
adopt or amend a standard for the appliance. 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 which that is readopted is not
more stringent than the standard that was found to be defective or
preempted.
(E) Adopt or amend any existing or new standard at any level of
operating efficiency, if the Governor has declared an energy
emergency pursuant to 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) Recommend minimum standards of efficiency for the operation of
any new facility at a particular site which
that are technically and economically feasible. No site and
related facility shall 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 the provisions of this section and
the provisions of 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 the
provisions of 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 a 9.5 water
efficiency factor for those clothes washers manufactured on or after
January 1, 2007.
(2) Not later than April 1, 2003, 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 manufactured or sold in California.
(3) Not later than January 1, 2004, report to the Legislature on
its progress with respect to the requirements of paragraphs (1) and
(2). added to Division 3 of the Fish and Game Code,
to read:
CHAPTER 13. COLORADO RIVER WATER
2960. "Quantification Settlement Agreement," for purposes of this
chapter, means the agreement with that title among the
Quantification Settlement Agreement parties, the provisions of which
are substantially as described in the draft Quantification Settlement
Agreement dated December 12, 2000, and submitted for public review
by the Quantification Settlement Agreement parties.
2961. (a) The commission or the department may authorize the
taking of any species identified in Section 3503.5, 3505, 3511, 4700,
5050, or 5515 if the taking is related to any of the following:
(1) The implementation of any component of the Lower Colorado
River Multi-Species Conservation Program established by the States of
California, Arizona, and Nevada, and approved by the department.
(2) The implementation of any component of the May 11, 2000,
working draft of the California Colorado River Water Use Plan
prepared by the Colorado River Board of California to transition
California to its basic annual Colorado River apportionment of 4.4
million acre feet, and as that plan may be amended by that board.
(3) The effects of any "Covered Activities" as described in the
Water Conservation and Transfer Project Habitat Conservation Plan
prepared by the Imperial Irrigation District for the purpose of
obtaining compliance with the California Endangered Species Act
(Chapter 1.5 (commencing with Section 2050)) for the Quantification
Settlement Agreement water transfers.
(b) Except as otherwise provided in this chapter, the taking of
any species enumerated in subdivision (a) shall be authorized under
the same conditions as the commission or the department may authorize
the taking of an endangered, threatened, or candidate species
pursuant to Chapter 1.5 (commencing with Section 2050) or Chapter 10
(commencing with Section 2800).
2962. (a) All requirements of the California Endangered Species
Act (Chapter 1.5 (commencing with Section 2050)), and Sections
3503.5, 3505, 3511, 4700, 5050, and 5515 relating to impacts or
potential impacts at the Salton Sea on any species, resulting from
conservation measures, water transfers, and any other actions carried
out in furtherance of the Quantification Settlement Agreement are
deemed satisfied as of January 1, 2002, and for the period that the
Quantification Settlement Agreement is in effect. Any such impacts
to the Salton Sea shall be addressed by the feasibility study
conducted pursuant to Section 101(b) of the Salton Sea Reclamation
Act of 1998 (P.L. 105-372). If the Quantification Settlement
Agreement is not executed on or before December 31, 2002, this
section shall not be operative.
(b) Nothing in this section alters existing law regarding
compliance with the California Endangered Species Act (Chapter 1.5
(commencing with Section 2050)) for impacts or potential impacts of
the Quantification Settlement Agreement that may occur at a location
other than the Salton Sea.
2963. If the feasibility study described in Section 101(b) of the
Salton Sea Reclamation Act of 1998 (P.L. 105-372) is not completed
by December 31, 2002, the operation of Sections 2961 and 2962 is
suspended on that date until the feasibility study is completed, at
which time Sections 2961 and 2962 shall again become operative.