BILL NUMBER: AB 802	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Williams

                        FEBRUARY 26, 2015

   An act to amend Section 25943 of the Public Resources Code,
relating to energy resources.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 802, as introduced, Williams. Residential and nonresidential
buildings: energy savings program.
   Existing law requires the State Energy Resources Conservation and
Development Commission, by March 1, 2010, to establish a regulatory
proceeding to develop and implement a comprehensive program to
achieve greater energy savings in California's existing residential
and nonresidential building stock, and permits the program to
include, but not be limited to, a broad range of energy assessments,
building benchmarking, energy rating, cost-effective energy
efficiency improvements, public and private sector energy efficiency
financing options, public outreach and education efforts, and green
workforce training.
   This bill would delete the requirement that the commission develop
and implement the program through a regulatory proceeding.
   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.  Section 25943 of the Public Resources Code is amended
to read:
   25943.  (a) (1)  By March 1, 2010, the   The
 commission shall  establish a regulatory proceeding to
 develop and implement a comprehensive program to achieve
greater energy savings in California's existing residential and
nonresidential building stock. This program shall comprise a
complementary portfolio of techniques, applications, and practices
that will achieve greater energy efficiency in existing residential
and nonresidential structures that fall significantly below the
current standards in Title 24 of the California Code of Regulations,
as determined by the commission.
   (2) The comprehensive program may include, but  need not
be   is not  limited to, a broad range of energy
assessments, building benchmarking, energy rating, cost-effective
energy efficiency improvements, public and private sector energy
efficiency financing options, public outreach and education efforts,
and green workforce training.
   (b) To develop and implement the program specified in subdivision
(a), the commission shall do both of the following:
   (1) Coordinate with the Public Utilities Commission and consult
with representatives from the Bureau of Real Estate, the Department
of Housing and Community Development, investor-owned and publicly
owned utilities, local governments, real estate licensees, commercial
and homebuilders, commercial property owners, small businesses,
mortgage lenders, financial institutions, home appraisers,
inspectors, energy rating organizations, consumer groups,
environmental and environmental justice groups, and other entities
the commission deems appropriate.
   (2) Hold at least three public hearings in geographically diverse
locations throughout the state.
   (c) In developing the requirements for the program specified in
subdivision (a), the commission shall consider all of the following:
   (1) The amount of annual and peak energy savings, greenhouse gas
emission reductions, and projected customer utility bill savings that
will accrue from the program.
   (2) The most cost-effective means and reasonable timeframes to
achieve the goals of the program.
   (3) The various climatic zones within the state.
   (4) An appropriate method to inform and educate the public about
the need for, benefits of, and environmental impacts of, the
comprehensive energy efficiency program.
   (5) The most effective way to report the energy assessment results
and the corresponding energy efficiency improvements to the owner of
the residential or nonresidential building, including, among other
things, the following:
   (A) Prioritizing the identified energy efficiency improvements.
   (B) The payback period or cost-effectiveness of each improvement
identified.
   (C) The various incentives, loans, grants, and rebates offered to
finance the improvements.
   (D) Available financing options including all of the following:
   (i) Mortgages or sales agreement components.
   (ii) On-bill financing.
   (iii) Contractual property tax assessments.
   (iv) Home warranties.
   (6) Existing statutory and regulatory requirements to achieve
energy efficiency savings and greenhouse gas emission reductions.
   (7) A broad range of implementation approaches, including both
utility and nonutility administration of energy efficiency programs.
   (8) Any other considerations deemed appropriate by the commission.

   (d) The program developed pursuant to this section shall do all of
the following:
   (1) Minimize the overall costs of establishing and implementing
the comprehensive energy efficiency program requirements.
   (2) Ensure, for residential buildings, that the energy efficiency
assessments, ratings, or improvements do not unreasonably or
unnecessarily affect the home purchasing process or the ability of
individuals to rent housing. A transfer of property subject to the
program implemented pursuant to this section shall not be invalidated
solely because of the failure of a person to comply with a provision
of the program.
   (3) Ensure, for nonresidential buildings, that the energy
improvements do not have an undue economic impact on California
businesses.
   (4) Determine, for residential buildings, the appropriateness of
the Home Energy Rating System (HERS) program to support the goals of
this section and whether there are a sufficient number of
HERS-certified raters available to meet the program requirements.
   (5) Determine, for nonresidential structures, the availability of
an appropriate cost-effective energy efficiency assessment system and
whether there are a sufficient number of certified raters or
auditors available to meet the program requirements.
   (6) Coordinate with the California Workforce Investment Board, the
Employment Training Panel, the California Community Colleges, and
other entities to ensure a qualified, well-trained workforce is
available to implement the program requirements.
   (7) Coordinate with, and avoid duplication of, existing
proceedings of the Public Utilities Commission and programs
administered by utilities.
   (e) A home energy rating or energy assessment service does not
meet the requirements of this section unless the service has been
certified by the commission to be in compliance with the program
criteria developed pursuant to this section and is in conformity with
other applicable elements of the program.
   (f) The commission shall periodically update the criteria and
adopt any revision that, in its judgment, is necessary to improve or
refine program requirements after receiving public input.
   (g) Before implementing an element of the program developed
pursuant to subdivision (a) that requires the expansion of statutory
authority of the commission or the Public Utilities Commission, the
commission and the Public Utilities Commission shall obtain
legislative approval for the expansion of their authorities.
   (h) The commission shall report on the status of the program in
the integrated energy policy report pursuant to Section 25302.
   (i) The commission shall fund activities undertaken pursuant to
this section from the Federal Trust Fund consistent with the federal
American Recovery and Reinvestment Act of 2009 (Public Law 111-5) or
other sources of nonstate funds available to the commission for the
purposes of this section.
   (j) For purposes of this section, "energy assessment" means a
determination of an energy user's energy consumption level, relative
efficiency compared to other users, and opportunities to achieve
greater efficiency or improve energy resource utilization.