BILL NUMBER: AB 1574 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MAY 31, 2001
AMENDED IN ASSEMBLY APRIL 26, 2001
AMENDED IN ASSEMBLY APRIL 16, 2001
AMENDED IN ASSEMBLY APRIL 3, 2001
INTRODUCED BY Assembly Member Lowenthal
FEBRUARY 23, 2001
An act to amend Section 7195 of the Business and Professions
Code, and to add Sections 25401.5 and 25401.7 to the Public
Resources Code, relating to energy resources.
LEGISLATIVE COUNSEL'S DIGEST
AB 1574, as amended, Lowenthal. Energy conservation: building
standards : inspections .
Existing
(1) Existing law defines terms related to paid home inspections,
establishes a standard of care for home inspectors, and prohibits
certain inspections in which the inspector or the inspector's
employer, as specified, has a financial interest.
This bill would include within the definition of home inspection
for those purposes an inspection of energy efficiency.
(2) 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 authorize
the commission to adopt emergency regulations
prescribing higher envelope and duct R-value standards for
nonresidential buildings, for which a building permit is issued after
the effective date of this bill, and minimum standards for energy
efficiency in single-family residential dwellings, which are occupied
on the effective date of this bill.
The bill would provide that, if, at the time a single-family
residential dwelling is sold, a buyer or seller requests an
inspection, that inspection shall include an inspection of the energy
efficiency of the dwelling.
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 7195 of the Business and Professions Code is
amended to read:
7195. For purposes of this chapter, the following definitions
apply:
(a) "Home inspection" is a noninvasive, physical examination,
performed for a fee in connection with a transfer, as defined in
subdivision (e), of real property, of the mechanical, electrical, or
plumbing systems or the structural and essential components of a
residential dwelling of one to four units designed to identify
material defects in those systems, structures and components. "Home
inspection" also includes any consultation
regarding the property that is represented to be a home inspection or
any confusingly similar term. "Home inspection" also includes
an inspection of energy efficiency pursuant to Section 25401.7 of the
Public Resources Code.
(b) A "material defect" is a condition that significantly affects
the value, desirability, habitability, or safety of the dwelling.
Style or aesthetics shall not be considered in determining whether a
system, structure, or component is defective.
(c) A "home inspection report" is a written report prepared for a
fee and issued after a home inspection. The report clearly describes
and identifies the inspected systems, structures, or components of
the dwelling, any material defects identified, and any
recommendations regarding the conditions observed or recommendations
for evaluation by appropriate persons.
(d) A "home inspector" is any individual who performs a home
inspection.
(e) "Transfer" is a transfer by sale, exchange, installment land
sale contract, as defined in Section 2985 of the Civil Code, lease
with an option to purchase, any other option to purchase, or ground
lease coupled with improvements, of real property or residential
stock cooperative, improved with or consisting of not less than one
nor more than four dwelling units.
SEC. 3. 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
may do all of the following:
(1) Adopt regulations , as provided in subdivision (c),
which that require the inclusion of higher
envelope and duct R-values compatible with ASHRAE 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),
that prescribe minimum efficiency standards for single
family residential dwellings that are occupied on the effective date
of the act adding this section.
(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.
SEC. 3.
SEC. 4. Section 25401.7 is added to the Public Resources
Code, to read:
25401.7. (a) If, at the time a single-family residential dwelling
is sold, a buyer or seller requests an inspection, that inspection
shall include an inspection of the energy efficiency of the dwelling.
The inspector shall provide the results of the inspection to the
buyer and seller. The person who requests the inspection
shall be responsible for paying the costs of inspection.
(b) For purposes of this section, "inspection" means a "home
inspection" as defined in Section 7195 of the Business and
Professions Code.