BILL NUMBER: AB 1574 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 3, 2001
INTRODUCED BY Assembly Member Lowenthal
FEBRUARY 23, 2001
An act to add Section 25401.5 to the Public Resources Code,
relating to energy resources.
LEGISLATIVE COUNSEL'S DIGEST
AB 1574, as amended, Lowenthal. Energy conservation: building
standards.
Existing law requires the State Energy Resources Conservation and
Development Commission to adopt regulations concerning energy
conservation standards for lighting, insulation, climate control
systems, and other building design and construction standards for new
residential and new nonresidential buildings.
This bill would require the commission to adopt emergency
regulations, not more than 240 days after the effective date of this
bill, prescribing higher envelope and duct R-value
standards for new residential and nonresidential
buildings, for which a building permit is issued after the effective
date of this bill, and minimum standards for energy efficiency in
residential buildings dwellings , which
are occupied on the effective date of this bill, to be met upon
resale , as specified .
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. The Legislature finds and declares that energy
costs represent a significant proportion of consumers' discretionary
expenses and that energy efficiency measures are available for
residential dwellings in existence on the effective date of the act
adding this section.
SEC. 2. Section 25401.5 is added to the Public Resources
Code, to read:
25401.5. (a) For the purpose of reducing electrical and natural
gas energy consumption, the commission shall do both
all of the following:
(1) Adopt regulations, as provided in subdivision (c), which
require the inclusion of higher envelope R-values in new
residential buildings, and higher envelope R-values compatible
require the inclusion of higher envelope and duct
R-values compatible with ASHRAE Tier II
Standard 90.1 for new nonresidential buildings, for which
building permits are issued after the effective date of the act
adding this section.
(2) Adopt regulations, as provided in subdivision (c), which
require residential buildings that are occupied on the effective date
of the act adding this section to meet minimum levels of energy
efficiency upon resale to another party.
(2) (A) (i) Adopt regulations, as provided in subdivision (c),
that prescribe minimum energy efficiency standards for residential
dwellings that are occupied on the effective date of the act adding
this section to be met upon resale to another party. The standards
shall include, but not be limited to, R-30 ceiling insulation, R-13
wall insulation, R-19 raised wood floor insulation, R-4.2 duct
insulation, U-0.55 fenestration, sealing of a HVAC duct system, and
R-12 water heater wrap standards for water heaters that do not meet
the minimum NAECA standards located in ____ document, dated ____,
1992.
(ii) The commission shall develop, adopt, and publish an
information booklet, manual, or other publication to inform
homeowners of the energy efficiency standards adopted pursuant to
this subdivision and of methods to meet these energy efficiency
standards. The publication shall include information on how to
select a qualified and certified installer and how to contact a home
energy rater, as described in clause (iii) of subparagraph (B).
(iii) The commission shall establish a program to monitor and
evaluate the effectiveness of the standards adopted pursuant to this
subdivision. The program may include a construction quality
assessment of the kinds of measures being used, the quality of
installations meeting the standards, and an assessment of the impact
of energy efficiency measures on reducing homeowner energy usage.
(B) (i) The standards adopted pursuant to subparagraph (A) shall
be met at the time of resale to another party of a residential
dwelling in existence on the effective date of the act adding this
section, which has an assessed value at the time of resale of
seventy-five thousand dollars ($75,000) or more.
(ii) The standards adopted pursuant to subparagraph (A) may not
require a homeowner or developer to spend more than 1 percent of the
value of the sales price of the residential dwelling for energy
efficiency improvements for the dwelling.
(iii) A home energy rater, who meets the criteria established
under the home energy rating program pursuant to Section 25942, shall
document the energy efficiency improvements for a residential
dwelling and issue a certified rating. The certified rating shall be
part of the escrow closing documents upon the sale of the
residential dwelling.
(C) The standards adopted pursuant to subparagraph (A) do not
apply to any of the following:
(i) A residential dwelling constructed on or after January 1, 1992
that satisfies the standards of subdivision (a) or (b) of Section
25402.
(ii) A residential dwelling owned by a homeowner that is a lower
income household, as defined by Section 50079.5 of the Health and
Safety Code.
(iii) A residential dwelling owned by a homeowner that ia a very
low-income household, as defined by Section 50105 of the Health and
Safety Code.
(iv) A qualified historical building as defined in Part 8 of Title
24 of the California Code of Regulations.
(v) Decorative fenestration with historical significance to the
building design.
(D) This section may be enforced through the procedure of
subdivision (g) of Section 25402.1.
(b) Subdivision (c) of Section 11346.1 of the Government Code does
not apply to the regulations adopted pursuant to this section.
Instead, the commission shall only consult with the California
Building Standards Commission prior to adopting the regulations.
(c) The regulations adopted by the commission for the purposes of
this section shall be adopted as emergency regulations in accordance
with Chapter 3.5 (commencing with Section 11340) of Part 1 of
Division 3 of Title 2 of the Government Code. For purposes of that
chapter of the Government Code, including Section 11349.6 of the
Government Code, the adoption of the regulations shall be considered
by the Office of Administrative Law to be necessary for the immediate
preservation of the public peace, health and safety, and general
welfare.
(d) The commission shall adopt the regulations pursuant to this
section not more than 240 days after the effective date of the act
adding this section.