BILL NUMBER: AB 1881 CHAPTERED
BILL TEXT
CHAPTER 561
FILED WITH SECRETARY OF STATE SEPTEMBER 15, 2002
APPROVED BY GOVERNOR SEPTEMBER 14, 2002
PASSED THE ASSEMBLY AUGUST 28, 2002
PASSED THE SENATE AUGUST 27, 2002
AMENDED IN SENATE AUGUST 21, 2002
AMENDED IN SENATE JUNE 28, 2002
INTRODUCED BY Assembly Member Pescetti
(Principal coauthor: Senator Murray)
FEBRUARY 4, 2002
An act to add Section 14684.1 to the Government Code, relating to
solar energy.
LEGISLATIVE COUNSEL'S DIGEST
AB 1881, Pescetti. Solar energy systems.
Existing law requires the Department of General Services, in
consultation with the State Energy Resources Conservation and
Development Commission (Energy Commission), to ensure that solar
energy equipment, for which the primary purpose is using solar energy
for electricity generation is installed, no later than January 1,
2007, on all state buildings and state parking facilities where
feasible, as defined. Existing law also requires solar energy
equipment to be installed where feasible as part of the construction
of all state buildings and state parking facilities that commences
after December 31, 2002.
This bill would establish a program to require the Department of
General Services in consultation with the Energy Commission to ensure
that solar energy equipment for which the primary purpose is using
solar energy for heat production be installed where feasible, as
defined, no later than January 1, 2007. The bill requires such solar
energy equipment to be installed where feasible as part of the
construction of all state buildings and state parking facilities for
which construction commences on or after January 1, 2003.
The bill would require any solar energy equipment installed
pursuant to the new program to meet specified standards and
requirements imposed by state and local permitting authorities,
including certification by the Solar Rating Certification Corporation
and other applicable safety and performance standards.
This bill would subject any solar energy equipment that is
installed pursuant to the program to the California Solar Rights Act
of 1978.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 14684.1 is added to the Government Code, to
read:
14684.1. (a) The department, in consultation with the State
Energy Resources Conservation and Development Commission, shall
ensure that solar energy equipment is installed, no later than
January 1, 2007, on all state buildings and state parking facilities,
where feasible. The department shall establish a schedule
designating when solar energy equipment will be installed on each
building and facility, with priority given to buildings and
facilities where installation is most feasible, both for state
building and facility use and consumption and local publicly owned
electric utility use, where feasible.
(b) Solar energy equipment shall be installed, where feasible, as
part of the construction of all state buildings and state parking
facilities for which construction commences on or after January 1,
2003.
(c) For purposes of this section, it is feasible to install solar
energy equipment if adequate space on or adjacent to a building is
available, if the solar energy equipment is cost-effective, and if
funding is available.
(d) Any solar energy equipment installed pursuant to this section
shall meet applicable standards and requirements imposed by state
and local permitting authorities, including, but not limited to, all
of the following:
(1) Certification by the Solar Rating Certification Corporation,
which is a nonprofit third party supported by the Department of
Energy, or any other nationally recognized certification agency.
(2) All applicable safety and performance standards established by
the National Electrical Code, the Institute of Electrical and
Electronics Engineers, and accredited testing laboratories, such as
the Underwriters Laboratories.
(3) Where applicable, the regulations adopted by the Public
Utilities Commission regarding safety and reliability.
(e) This section does not exempt the state from the payment of any
applicable fee or requirement imposed by the Public Utilities
Commission.
(f) The department may adopt regulations for the purposes of this
section as emergency regulations in accordance with Chapter 3.5
(commencing with Section 11340) of Part 1. For purposes of that
chapter, including, but not limited to, Section 11349.6, 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, safety, and general welfare.
Notwithstanding the 120-day limit specified in subdivision (e) of
Section 11346.1, the regulations shall be repealed 180 days after
their effective date, unless the department complies with Chapter 3.5
(commencing with Section 11340) of Part 1 as provided in subdivision
(e) of Section 11346.1.
(g) Any solar energy equipment installed pursuant to this section
shall be subject to the provisions of the California Solar Rights Act
of 1978 (Chapter 1154 of the Statutes of 1978), as amended.
(h) For purposes of this section, the following terms have the
following meanings:
(1) "Cost-effective" means that the present value of the savings
generated over the life of the solar energy system, including
consideration of the value of the energy produced during peak and
off-peak demand periods and the value of a reliable energy supply not
subject to price volatility, shall exceed the present value cost of
the solar energy equipment by not less than 10 percent. The present
value cost of the solar energy equipment does not include the cost of
unrelated building components. The department, in making the
present value assessment, shall obtain interest rates, discount
rates, and consumer price index figures from the Treasurer, and shall
take into consideration air emission reduction benefits and the
value of stable energy costs.
(2) "Local publicly owned electric utility" means a local publicly
owned electric utility as defined in subdivision (d) of Section 9604
of the Public Utilities Code.
(3) "Solar energy equipment" means equipment whose primary purpose
is to provide for the collection, conversion, storage, or control of
solar energy for the purpose of heat production.