Section § 25400

Explanation

This section requires the commission to continuously evaluate the advantages and limitations of different types of energy sources. Their goal is to promote a balanced energy mix that meets the state’s needs while avoiding the risks of depending too heavily on a single energy source.

The commission shall conduct an ongoing assessment of the opportunities and constraints presented by all forms of energy. The commission shall encourage the balanced use of all sources of energy to meet the state’s needs and shall seek to avoid possible undesirable consequences of reliance on a single source of energy.

Section § 25401

Explanation

This law mandates that the commission undertake ongoing research and studies to understand California's energy resources. This includes evaluating fossil fuels and renewable options like solar and geothermal energy. The goal is to ensure efficient energy use across the state. The commission will also focus on reducing energy waste through methods like improving appliance efficiency, better building designs, and managing electricity pricing. Recommendations on energy policy and improvements will be reported to the Governor and the Legislature every two years to guide development and reduce energy wastage.

The commission shall continuously carry out studies, research projects, data collection, and other activities required to assess the nature, extent, and distribution of energy resources to meet the needs of the state, including but not limited to, fossil fuels and solar, nuclear, and geothermal energy resources. It shall also carry out studies, technical assessments, research projects, and data collection directed to reducing wasteful, inefficient, unnecessary, or uneconomic uses of energy, including, but not limited to, all of the following:
(a)CA Public Resources Code § 25401(a) Pricing of electricity and other forms of energy.
(b)CA Public Resources Code § 25401(b) Improved building design and insulation.
(c)CA Public Resources Code § 25401(c) Restriction of promotional activities designed to increase the use of electricity by consumers.
(d)CA Public Resources Code § 25401(d) Improved appliance efficiency.
(e)CA Public Resources Code § 25401(e) Advances in power generation and transmission technology.
(f)CA Public Resources Code § 25401(f) Comparisons in the efficiencies of alternative methods of energy utilization.
The commission shall survey pursuant to this section all forms of energy on which to base its recommendations to the Governor and Legislature for elimination of waste or increases in efficiency for sources or uses of energy. The commission shall transmit to the Governor and the Legislature, as part of the biennial report specified in Section 25302, recommendations for state policy and actions for the orderly development of all potential sources of energy to meet the state’s needs, including, but not limited to, fossil fuels and solar, nuclear, and geothermal energy resources, and to reduce wasteful and inefficient uses of energy.

Section § 25401.2

Explanation

This section requires the commission to create and regularly update a detailed list of ways to improve energy efficiency and manage energy use for gas and electricity in different utility areas. This list should include estimates of how much energy can be saved, the costs of achieving these savings, and any changes in savings and costs depending on specific measures. It should also consider environmental benefits. The commission must work with utilities, academic institutions, and other stakeholders to develop this list.

(a)CA Public Resources Code § 25401.2(a) As part of the report required by Section 25302, the commission shall develop and update an inventory of current and potential cost-effective opportunities in each utility’s service territory to improve efficiencies and to help utilities manage loads in all sectors of natural gas and electricity use. The report shall include estimates of the overall magnitude of these resources, load shapes, and the projected costs associated with delivering the various types of energy savings that are identified in the inventory. The report shall also estimate the amount and incremental cost per unit of potential energy efficiency and load management activities. Where applicable, the inventory shall include data on variations in savings and costs associated with particular measures. The report shall take into consideration environmental benefits as developed in related commission and Public Utilities Commission proceedings.
(b)CA Public Resources Code § 25401.2(b) The commission shall develop and maintain the inventory in consultation with electric and gas utilities, the Public Utilities Commission, academic institutions, and other interested parties.

Section § 25401.5

Explanation

This law allows the commission to create guidelines to help improve energy efficiency in older single-family homes built before modern energy standards. Homeowners can use these guidelines to save on their electricity and natural gas bills. The commission can share this information either online or by request to make it easily available to the public.

For the purpose of reducing electrical and natural gas energy consumption, the commission may develop and disseminate measures that would enhance energy efficiency for single-family residential dwellings that were built prior to the development of the current energy efficiency standards. The measures, if developed and disseminated, shall provide a homeowner with information to improve the energy efficiency of a single-family residential dwelling. The commission may comply with this section by posting the measures on the commission’s Internet Web site or by making the measures available to the public, upon request.

Section § 25401.7

Explanation

When a single-family home is sold in California, either the buyer or seller can ask for a home inspection. The home inspector must then provide contact information for organizations that can give home energy information. These organizations can be a nonprofit, a utility service provider like an electric or gas company, or a government agency.

At the time a single-family residential dwelling is sold, a buyer or seller may request a home inspection, as defined in subdivision (a) of Section 7195 of the Business and Professions Code, and a home inspector, as defined in subdivision (d) of Section 7195 of the Business and Professions Code, shall provide, contact information for one or more of the following entities that provide home energy information:
(a)CA Public Resources Code § 25401.7(a) A nonprofit organization.
(b)CA Public Resources Code § 25401.7(b) A provider to the residential dwelling of electrical service, or gas service, or both.
(c)CA Public Resources Code § 25401.7(c) A government agency, including, but not limited to, the commission.

Section § 25401.9

Explanation

This law requires the creation of performance standards and labeling requirements for landscape irrigation equipment, such as controllers and moisture sensors, to improve irrigation efficiency. These standards should consider advancements in the field since January 1, 2010, and must be established by January 1, 2019. The Commission, in collaboration with the Department of Water Resources, should also take into account the Smart Water Application Technology Program's testing protocols. New irrigation equipment produced after these regulations are effective must meet these standards to be sold in California.

(a)CA Public Resources Code § 25401.9(a) Pursuant to subdivision (c) of Section 25402, to the extent that funds are available, the commission, in consultation with the Department of Water Resources and in consideration of developments in landscape irrigation efficiency occurring on or after January 1, 2010, shall adopt by regulation, performance standards and labeling requirements for landscape irrigation equipment, including, but not limited to, irrigation controllers, moisture sensors, emission devices, and valves.
(b)CA Public Resources Code § 25401.9(b) For the purposes of complying with subdivision (a), the commission shall do both of the following:
(1)CA Public Resources Code § 25401.9(b)(1) Adopt performance standards and labeling requirements for landscape irrigation equipment on or before January 1, 2019.
(2)CA Public Resources Code § 25401.9(b)(2) Consider the Irrigation Association’s Smart Water Application Technology Program testing protocols when adopting performance standards for landscape irrigation equipment, including, but not limited to, irrigation controllers, moisture sensors, emission devices, and valves.
(c)CA Public Resources Code § 25401.9(c) No new irrigation equipment for landscape irrigation uses that is manufactured on or after the effective date of the regulations adopted pursuant to subdivision (a) shall be sold or offered for sale in the state unless the irrigation equipment meets the performance standards and labeling requirements established pursuant to this section and is certified by the manufacturer as in compliance with those standards.

Section § 25402

Explanation

This California regulation requires the development and enforcement of energy and water efficiency standards for both residential and nonresidential buildings to reduce unnecessary energy consumption. The commission is responsible for setting building design standards for lighting, insulation, and climate control systems, along with other efficiency measures. The standards are periodically updated and must balance energy savings with affordability and safety considerations.

Public participation is crucial in developing these standards. The regulations also include guidelines for energy-efficient appliances, which must be cost-effective over their lifecycle. Additionally, specific standards for flexible demand appliances, which can adjust their energy use, aim to enhance grid reliability and reduce greenhouse gas emissions. The commission works with other bodies to ensure these standards align with wider energy programs in the state.

The commission shall, after one or more public hearings, do all of the following to reduce the wasteful, uneconomic, inefficient, or unnecessary consumption of energy, including the energy associated with the use of water, and to manage energy loads to help maintain electrical grid reliability:
(a)Copy CA Public Resources Code § 25402(a)
(1)Copy CA Public Resources Code § 25402(a)(1) Prescribe, by regulation, lighting, insulation, climate control system, and other building design and construction standards that increase efficiency in the use of energy and water for new residential and new nonresidential buildings. The commission shall periodically update the standards and adopt any revision 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, a city, county, city and county, or state agency shall not issue a permit for a building unless the building satisfies the standards prescribed by the commission pursuant to this subdivision or subdivision (b) that are in effect on the date an application for a building permit is filed. Water efficiency standards adopted pursuant to this subdivision shall be demonstrated by the commission to be necessary to save energy.
(2)CA Public Resources Code § 25402(a)(2) Before adopting a water efficiency standard for residential buildings, the Department of Housing and Community Development and the commission shall issue a joint finding whether the standard (A) is equivalent or superior in performance, in safety, and for the protection of life, health, and general welfare to standards in Title 24 of the California Code of Regulations and (B) does not unreasonably or unnecessarily impact the ability of Californians to purchase or rent affordable housing, as determined by taking account of the overall benefit derived from water efficiency standards. This subdivision does not in any way reduce the authority of the Department of Housing and Community Development to adopt standards and regulations pursuant to the State Housing Law (Part 1.5 (commencing with Section 17910) of Division 13 of the Health and Safety Code).
(3)CA Public Resources Code § 25402(a)(3) Water efficiency standards and water conservation design standards adopted pursuant to this subdivision and subdivision (b) shall be consistent with the legislative findings of this division to ensure and maintain a reliable supply of electrical energy and be equivalent to or superior to the performance, safety, and protection of life, health, and general welfare standards contained in Title 24 of the California Code of Regulations. The commission shall consult with the members of the coordinating council as established in Section 18926 of the Health and Safety Code in the development of these standards.
(b)Copy CA Public Resources Code § 25402(b)
(1)Copy CA Public Resources Code § 25402(b)(1) Prescribe, by regulation, energy and water 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 and water. The commission shall periodically review the standards and adopt any revision 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). Water conservation design standards adopted pursuant to this subdivision shall be demonstrated by the commission to be necessary to save energy. Before adopting a water conservation design standard for residential buildings, the Department of Housing and Community Development and the commission shall issue a joint finding whether the standard (A) is equivalent or superior in performance, in safety, and for the protection of life, health, and general welfare to standards in Title 24 of the California Code of Regulations, and (B) does not unreasonably or unnecessarily impact the ability of Californians to purchase or rent affordable housing, as determined by taking account of the overall benefit derived from the water conservation design standards. This subdivision does not in any way reduce the authority of the Department of Housing and Community Development to adopt standards and regulations pursuant to the State Housing Law (Part 1.5 (commencing with Section 17910) of Division 13 of the Health and Safety Code).
(2)CA Public Resources Code § 25402(b)(2) To increase public participation and improve the efficacy of the standards adopted pursuant to subdivision (a) and this subdivision, the commission shall, before publication of the notice of proposed action required by Section 18935 of the Health and Safety Code, involve parties who would be subject to the proposed regulations in public meetings regarding the proposed regulations. All potential affected parties shall be provided advance notice of these meetings and given an opportunity to provide written or oral comments. During these public meetings, the commission shall receive and take into consideration input from all parties concerning the parties’ design recommendations, cost considerations, and other factors that would affect consumers and California businesses of the proposed standard. The commission shall take into consideration before the start of the notice of proposed action any input provided during these public meetings.
(3)CA Public Resources Code § 25402(b)(3) The standards adopted or revised pursuant to subdivision (a) and this subdivision shall be cost effective when taken in their entirety and when amortized over the economic life of the structure compared with historic practice. When determining cost-effectiveness, the commission shall consider the value of the water or energy saved, the impact on product efficacy for the consumer, and the life-cycle cost of complying with the standard. The commission shall consider other relevant factors, as required by Sections 18930 and 18935 of the Health and Safety Code, including, but not limited to, the impact on housing costs, the total statewide costs and benefits of the standard over its lifetime, the economic impact on California businesses, and any alternative approaches and their associated costs.
(c)Copy CA Public Resources Code § 25402(c)
(1)Copy CA Public Resources Code § 25402(c)(1) (A) (i) 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 and water consumption labeling not preempted by federal labeling law, and consumer education programs, to promote the use of energy- and water-efficient appliances whose use, as determined by the commission, requires a significant amount of energy or water on a statewide basis. The minimum levels of operating efficiency shall be based on feasible and attainable efficiencies or feasible improved efficiencies that will reduce the energy or water consumption growth rates. The standards for minimum levels of operating efficiency shall become effective no sooner than one year after the date of adoption or revision, unless the commission adopts a finding of good cause in which case the standards may become effective sooner than one year after the date of adoption or revision. A new appliance manufactured on or after the effective date of the standards or other cost-effective measures shall not be sold or offered for sale in the state, unless it is certified by the manufacturer of the appliance to be in compliance with the standards or other cost-effective measures. The standards or other cost-effective measures shall be drawn so that they do not result in any added total costs for consumers over the designed life of the appliances concerned. “Sold or offered for sale in the state” means any sale of or offer to sell an appliance for end use in the state, regardless of the seller’s physical location, and includes, without limitation, internet, telephone, and mail order transactions. For purposes of this section, the Uniform Commercial Code–Sales (Division 2 (commencing with Section 2101) of the Commercial Code) does not define “sold or offered for sale” or determine where sales or offers for sale occur.
(ii)CA Public Resources Code § 25402(c)(1)(ii) In making a finding of good cause for purposes of a standard becoming effective sooner than one year after the date of adoption or revision pursuant to clause (i), the commission shall consider, among other things, the following factors:
(I)CA Public Resources Code § 25402(c)(1)(ii)(I) The availability of products on the market that meet the proposed standard.
(II) The impact of an earlier effective date on manufacturers.
(III) The health and safety benefits of an earlier effective date.
(IV) The impact on innovation resulting from a one-year delay between the date of adoption or revision and the effective date of the standard.
(V)CA Public Resources Code § 25402(c)(1)(ii)(V) The concerns raised by comments, provided to the commission pursuant to subparagraph (B), for an earlier effective date.
(B)CA Public Resources Code § 25402(c)(1)(B) To increase public participation and improve the efficacy of the standards adopted pursuant to this subdivision, the commission shall, before publication of the notice of proposed action required by Section 18935 of the Health and Safety Code, involve parties who would be subject to the proposed regulations in public meetings regarding the proposed regulations. All potential affected parties shall be provided advance notice of these meetings and given an opportunity to provide written or oral comments. During these public meetings, the commission shall receive and take into consideration input from all parties concerning the parties’ design recommendations, cost considerations, and other factors that would affect consumers and California businesses of the proposed standard. The commission shall take into consideration before the start of the notice of proposed action any input provided during these public meetings.
(C)CA Public Resources Code § 25402(c)(1)(C) The standards adopted or revised pursuant to this subdivision shall not result in any added total costs for consumers over the designed life of the appliances concerned. When determining cost-effectiveness, the commission shall consider the value of the water or energy saved, the impact on product efficacy for the consumer, and the life-cycle cost to the consumer of complying with the standard. The commission shall consider other relevant factors, as required by Sections 11346.5 and 11357 of the Government Code, including, but not limited to, the impact on housing costs, the total statewide costs and benefits of the standard over its lifetime, the economic impact on California businesses, and any alternative approaches and their associated costs.
(2)CA Public Resources Code § 25402(c)(2) A new appliance, except for a plumbing fitting, regulated under paragraph (1), that is manufactured on or after July 1, 1984, shall not 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)CA Public Resources Code § 25402(c)(3) During the period of five years after the commission has adopted a standard for a particular appliance under paragraph (1), an increase or decrease in the minimum level of operating efficiency required by the standard for that appliance shall not become effective, unless the commission adopts other cost-effective measures for that appliance.
(4)CA Public Resources Code § 25402(c)(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 a decrease is of benefit to ratepayers, and that there is significant evidence of changed circumstances. At least one year before the adoption or amendment of a standard for an appliance, the commission shall notify the Legislature of its intent, and the justification to adopt or amend a standard for the appliance. Notwithstanding paragraph (3) and this paragraph, the commission may do any of the following:
(A)CA Public Resources Code § 25402(c)(4)(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, Refrigerating and Air-Conditioning Engineers or, for appliances not covered by that standard, up to the level established in a similar nationwide consensus standard.
(B)CA Public Resources Code § 25402(c)(4)(B) Change the measure or rating of efficiency of any standard, if the minimum level of operating efficiency remains substantially the same.
(C)CA Public Resources Code § 25402(c)(4)(C) Adjust the minimum level of operating efficiency in an existing standard 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)CA Public Resources Code § 25402(c)(4)(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 that is readopted is not more stringent than the standard that was found to be defective or preempted.
(E)CA Public Resources Code § 25402(c)(4)(E) Adopt or amend any existing or new standard at any level of operating efficiency, if the Governor has declared an energy emergency as described in Section 8558 of the Government Code.
(d)CA Public Resources Code § 25402(d) Recommend minimum standards of efficiency for the operation of a new facility at a particular site that are technically and economically feasible. A site and related facility shall not 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.
(e)Copy CA Public Resources Code § 25402(e)
(1)Copy CA Public Resources Code § 25402(e)(1) Adopt, by regulation, and periodically update, standards for appliances to facilitate the deployment of flexible demand technologies. These regulations may include labeling provisions to promote the use of appliances with flexible demand capabilities. The flexible demand appliance standards shall be based on feasible and attainable efficiencies or feasible improvements that will enable appliance operations to be scheduled, shifted, or curtailed to enhance grid reliability, reduce emissions of greenhouse gases associated with electricity generation, or both enhancement and reduction. The standards shall become effective no sooner than one year after the date of their adoption or updating.
(2)CA Public Resources Code § 25402(e)(2) In adopting the flexible demand appliance standards, the commission shall consider the National Institute of Standards and Technology’s reliability and cybersecurity protocols, or other cybersecurity protocols that are equally or more protective, and shall adopt, at a minimum, the North American Electric Reliability Corporation’s Critical Infrastructure Protection standards.
(3)CA Public Resources Code § 25402(e)(3) The flexible demand appliance standards shall be cost effective. When determining cost-effectiveness, solely for purposes of this subdivision, the commission may consider, as appropriate, the cost of flexible demand appliances compared to nonflexible demand appliances, the value of increased or decreased emissions of greenhouse gases associated with the timing of an appliance’s use, the life-cycle cost to the consumer from using a product that complies with the standard, and the life-cycle costs and benefits to consumers, including the ability to conserve energy and better align consumer and electric system demand. The commission shall consider other relevant factors, as required by Sections 11346.5 and 11357 of the Government Code, including, but not limited to, the impact on housing costs, the total statewide costs and benefits of the standard over its lifetime, the economic impact on California businesses, and alternative approaches and their associated costs.
(4)CA Public Resources Code § 25402(e)(4) The commission shall consult with the Public Utilities Commission, load-serving entities, and local publicly owned electric utilities to better align the flexible demand appliance standards with demand response programs administered by the state and load-serving entities and local publicly owned electric utilities and to incentivize the deployment of flexible demand appliances.
(5)CA Public Resources Code § 25402(e)(5) The flexible demand appliance standards shall prioritize all of the following:
(A)CA Public Resources Code § 25402(e)(5)(A) Appliances that can more conveniently have their electrical demand controlled by load-management technology and third-party load-management programs.
(B)CA Public Resources Code § 25402(e)(5)(B) Appliances with load-management technology options that are readily available.
(C)CA Public Resources Code § 25402(e)(5)(C) Appliances that have a user-friendly interface and follow a straightforward setup and connection process, such as remote setup by means of an internet website or application.
(D)CA Public Resources Code § 25402(e)(5)(D) Appliances with load-management technology options that follow simple standards for third-party direct operation of the appliances.
(E)CA Public Resources Code § 25402(e)(5)(E) Appliances that are interoperable or open source.
(6)CA Public Resources Code § 25402(e)(6) On or before January 1, 2021, and as necessary thereafter, the commission shall include as part of each integrated energy policy report adopted pursuant to Chapter 4 (commencing with Section 25300) a description of any actions it has taken pursuant to this subdivision and the flexible demand appliance standards’ cost to consumers.
(7)CA Public Resources Code § 25402(e)(7) For purposes of this subdivision, all of the following definitions apply:
(A)CA Public Resources Code § 25402(e)(7)(A) “Flexible demand” means the capability to schedule, shift, or curtail the electrical demand of a load-serving entity’s customer or a local publicly owned electric utility’s customer through direct action by the customer or through action by a third party, the load-serving entity, or a grid balancing authority, with the customer’s consent.
(B)CA Public Resources Code § 25402(e)(7)(B) “Load-serving entity” has the same meaning as defined in Section 380 of the Public Utilities Code.
(C)CA Public Resources Code § 25402(e)(7)(C) “Local publicly owned electric utility” has the same meaning as defined in Section 224.3 of the Public Utilities Code.

Section § 25402.1

Explanation

This law section is about ensuring energy efficiency in buildings. It details how the commission is tasked with creating a computer program to help estimate energy use in buildings and setting up a certification process for new energy-saving products and methods. The commission must provide an energy conservation manual and offer technical assistance for local authorities to enforce energy standards. Building permits depend on meeting these energy standards. It also allows cities or counties to set energy standards if justified and cost-effective, and gives options for resolving disputes between permit applicants and building departments. Additionally, there are provisions for exemptions if compliance causes significant delays or costs.

To implement the requirements of subdivisions (a) and (b) of Section 25402, the commission shall do all of the following:
(a)CA Public Resources Code § 25402.1(a) Develop a public domain computer program that will enable contractors, builders, architects, engineers, and government officials to estimate the energy consumed by residential and nonresidential buildings. The commission may charge a fee for the use of the program, which fee shall be based on the actual cost of the program, including any computer costs.
(b)CA Public Resources Code § 25402.1(b) Establish a formal process for certification of compliance options for new products, materials, and calculation methods that provides for adequate technical and public review to ensure accurate, equitable, and timely evaluation of certification applications. Proponents filing applications for new products, materials, and calculation methods shall provide all information needed to evaluate the application that is required by the commission. The commission shall publish annually the results of its certification decisions and instructions to users and local building officials concerning requirements for showing compliance with the building standards for new products, materials, or calculation methods. The commission may charge and collect a reasonable fee from applicants to cover the costs under this subdivision. Any funds received by the commission for purposes of this subdivision shall be deposited into the Energy Resources Programs Account and, notwithstanding Section 13340 of the Government Code, are continuously appropriated to the commission for the purposes of this subdivision. Any unencumbered portion of funds collected as a fee for an application remaining in the Energy Resources Programs Account after completion of the certification process for that application shall be returned to the applicant within a reasonable period of time.
(c)CA Public Resources Code § 25402.1(c) Include a prescriptive method of complying with the standards, including design aids such as a manual, sample calculations, and model structural designs.
(d)CA Public Resources Code § 25402.1(d) Conduct a pilot project of field testing of actual residential buildings to calibrate and identify potential needed changes in the modeling assumptions to increase the accuracy of the public domain computer program specified in subdivision (a) and to evaluate the impacts of the standards, including, but not limited to, the energy savings, cost-effectiveness, and the effects on indoor air quality. The pilot project shall be conducted pursuant to a contract entered into by the commission. The commission shall consult with the participants designated pursuant to Section 9202 of the Public Utilities Code to seek funding and support for field monitoring in each public utility service territory, with the University of California to take advantage of its extensive building monitoring expertise, and with the California Building Industry Association to coordinate the involvement of builders and developers throughout the state. The pilot project shall include periodic public workshops to develop plans and review progress.
(e)CA Public Resources Code § 25402.1(e) Certify, not later than 180 days after approval of the standards by the California Building Standards Commission, an energy conservation manual for use by designers, builders, and contractors of residential and nonresidential buildings. The manual shall be furnished upon request at a price sufficient to cover the costs of production and shall be distributed at no cost to all affected local agencies. The manual shall contain, but not be limited to, the following:
(1)CA Public Resources Code § 25402.1(e)(1) The standards for energy conservation established by the commission.
(2)CA Public Resources Code § 25402.1(e)(2) Forms, charts, tables, and other data to assist designers and builders in meeting the standards.
(3)CA Public Resources Code § 25402.1(e)(3) Design suggestions for meeting or exceeding the standards.
(4)CA Public Resources Code § 25402.1(e)(4) Any other information that the commission finds will assist persons in conforming to the standards.
(5)CA Public Resources Code § 25402.1(e)(5) Instructions for use of the computer program for calculating energy consumption in residential and nonresidential buildings.
(6)CA Public Resources Code § 25402.1(e)(6) The prescriptive method for use as an alternative to the computer program.
(f)CA Public Resources Code § 25402.1(f) The commission shall establish a continuing program of technical assistance to local building departments in the enforcement of subdivisions (a) and (b) of Section 25402 and this section. The program shall include the training of local officials in building technology and enforcement procedures related to energy conservation, and the development of complementary training programs conducted by local governments, educational institutions, and other public or private entities. The technical assistance program shall include the preparation and publication of forms and procedures for local building departments in performing the review of building plans and specifications. The commission shall provide, on a contract basis, a review of building plans and specifications submitted by a local building department, and shall adopt a schedule of fees sufficient to repay the cost of those services.
(g)CA Public Resources Code § 25402.1(g) Subdivisions (a) and (b) of Section 25402 and this section, and the rules and regulations of the commission adopted pursuant thereto, shall be enforced by the building department of every city, county, or city and county.
(1)CA Public Resources Code § 25402.1(g)(1) A building permit for any residential or nonresidential building shall not be issued by a local building department, unless a review by the building department of the plans for the proposed residential or nonresidential building contains detailed energy system specifications and confirms that the building satisfies the minimum standards established pursuant to subdivision (a) or (b) of Section 25402 and this section applicable to the building.
(2)CA Public Resources Code § 25402.1(g)(2) Where there is no local building department, the commission shall enforce subdivisions (a) and (b) of Section 25402 and this section.
(3)CA Public Resources Code § 25402.1(g)(3) If a local building department fails to enforce subdivisions (a) and (b) of Section 25402, this section, or any other provision of this chapter or standard adopted pursuant thereto, the commission may provide enforcement after furnishing 10 days’ written notice to the local building department.
(4)CA Public Resources Code § 25402.1(g)(4) A city, county, or city and county may, by ordinance or resolution, prescribe a schedule of fees sufficient to pay the costs incurred in the enforcement of subdivisions (a) and (b) of Section 25402 and this section. The commission may establish a schedule of fees sufficient to pay the costs incurred by that enforcement.
(5)CA Public Resources Code § 25402.1(g)(5) The construction of any state building shall not commence until the Department of General Services or the state agency that otherwise has jurisdiction over the property reviews the plans for the proposed building and certifies that the plans satisfy the minimum standards established pursuant to subdivision (a) or (b) of Chapter 2.8 (commencing with Section 15814.30) of Part 10b of Division 3 of Title 2 of the Government Code, Section 25402, and this section that are applicable to the building.
(h)CA Public Resources Code § 25402.1(h) Subdivisions (a) and (b) of Section 25402 and this section shall apply only to new residential and nonresidential buildings on which actual site preparation and construction have not commenced before the effective date of rules and regulations adopted pursuant to those sections that are applicable to those buildings. Those sections do not prohibit either of the following:
(1)CA Public Resources Code § 25402.1(h)(1) The enforcement of state or local energy conservation or energy insulation standards, adopted before the effective date of rules and regulations adopted pursuant to subdivisions (a) and (b) of Section 25402 and this section with regard to residential and nonresidential buildings on which actual site preparation and construction have commenced before that date.
(2)CA Public Resources Code § 25402.1(h)(2) The enforcement of city or county energy conservation or energy insulation standards, whenever adopted, with regard to residential and nonresidential buildings on which actual site preparation and construction have not commenced before the effective date of rules and regulations adopted pursuant to subdivisions (a) and (b) of Section 25402 and this section, if the city or county files the basis of its determination that the standards are cost effective with the commission and the commission finds that the standards will require the diminution of energy consumption levels permitted by the rules and regulations adopted pursuant to those sections. If, after two or more years after the filing with the commission of the determination that those standards are cost effective, there has been a substantial change in the factual circumstances affecting the determination, upon application by any interested party, the city or county shall update and file a new basis of its determination that the standards are cost effective. The determination that the standards are cost effective shall be adopted by the governing body of the city or county at a public meeting. If, at the meeting on the matter, the governing body determines that the standards are no longer cost effective, the standards shall, as of that date, be unenforceable and a building permit or other entitlement shall not be denied based on the noncompliance with the standards.
(i)CA Public Resources Code § 25402.1(i) The commission may exempt from the requirements of this section and of any regulations adopted pursuant thereto any proposed building for which compliance would be impossible without substantial delays and increases in cost of construction, if the commission finds that substantial funds have been expended in good faith on planning, designing, architecture, or engineering before the date of adoption of the regulations.
(j)CA Public Resources Code § 25402.1(j) If a dispute arises between an applicant for a building permit, or the state pursuant to paragraph (5) of subdivision (g), and the building department regarding interpretation of Section 25402 or the regulations adopted pursuant thereto, either party may submit the dispute to the commission for resolution. The commission’s determination of the matter shall be binding on the parties.
(k)CA Public Resources Code § 25402.1(k) Sections 25130, 25131, and 25402, and this section, do not prevent enforcement of any regulation adopted pursuant to this chapter, or Chapter 11.5 (commencing with Section 19878) of Part 3 of Division 13 of the Health and Safety Code as they existed before September 16, 1977.

Section § 25402.10

Explanation

This law requires utilities to keep track of energy usage data for buildings and share it with building owners or their agents upon request. Buildings are defined as 'covered' if they meet certain criteria, like having five or more utility accounts or no residential accounts at all. Utilities must provide aggregated energy usage data from the previous 12 months to help building owners benchmark energy performance using a specific tool developed by the U.S. Environmental Protection Agency. The data is not considered confidential once aggregated. The law also outlines how the California commission should handle disclosure and regulation of energy usage data, including exemptions for smaller buildings and potential regulations for additional types of buildings.

Additionally, utilities are expected to cover reasonable costs and can recover these through rates approved by the Public Utilities Commission. Local governments can also create their own programs for energy benchmarking. The law provides mechanisms for utilities to obtain customer permission for data sharing, using electronic authorization or lease agreements.

(a)CA Public Resources Code § 25402.10(a) For purposes of this section, the following definitions apply:
(1)CA Public Resources Code § 25402.10(a)(1) To “benchmark,” in reference to energy use, means to obtain information on the energy use in an entire building for a specific period to enable that usage to be tracked or compared against other buildings.
(2)CA Public Resources Code § 25402.10(a)(2) “Covered building” means either or both of the following:
(A)CA Public Resources Code § 25402.10(a)(2)(A) Any building with no residential utility accounts.
(B)CA Public Resources Code § 25402.10(a)(2)(B) Any building with five or more active utility accounts, residential or nonresidential.
(3)CA Public Resources Code § 25402.10(a)(3) “Energy” means electricity, natural gas, steam, or fuel oil sold by a utility to a customer for end uses addressed by the ENERGY STAR Portfolio Manager.
(4)CA Public Resources Code § 25402.10(a)(4) “ENERGY STAR Portfolio Manager” means the tool developed and maintained by the United States Environmental Protection Agency to track and assess the energy performance of buildings.
(b)CA Public Resources Code § 25402.10(b) On and after January 1, 2016, each utility shall maintain records of the energy usage data of all buildings to which they provide service for at least the most recent 12 complete calendar months.
(c)Copy CA Public Resources Code § 25402.10(c)
(1)Copy CA Public Resources Code § 25402.10(c)(1) Subject to the requirements of paragraph (2), on and after January 1, 2017, each utility shall, upon the request and written authorization or secure electronic authorization of the owner, owner’s agent, or operator of a covered building, deliver or otherwise provide aggregated energy usage data for a covered building to the owner, owner’s agent, building operator, or to the owner’s account in the ENERGY STAR Portfolio Manager. The commission may specify additional information to be delivered by utilities to enable building owners to complete benchmarking of the energy use in their buildings and in other systems or formats for information delivery and automation.
(2)CA Public Resources Code § 25402.10(c)(2) The delivery of information by utilities pursuant to this section shall be subject to the following requirements:
(A)CA Public Resources Code § 25402.10(c)(2)(A) For covered buildings with three or more active utility accounts, each utility shall deliver information showing the aggregated energy usage data of all utility customers in the same building for each of the 12 prior months. Notwithstanding any other law, energy usage data aggregated in this manner shall not be deemed customer utility usage information or confidential information by the utility for purposes of delivery to the owner, owner’s agent, or operator of a building. The building owner and utility shall not have any liability for any use or disclosure of aggregated energy usage data delivered as required by this section.
(B)CA Public Resources Code § 25402.10(c)(2)(B) For covered buildings not subject to subparagraph (A), each utility shall deliver the information showing the aggregated energy usage data of all utility customers in each covered building for each of the prior 12 months if the accountholder provides written or electronic consent for the delivery of the accountholder’s energy usage data to the owner, owner’s agent, operator, or utility.
(C)CA Public Resources Code § 25402.10(c)(2)(C) Each utility shall deliver, upload, or otherwise provide aggregated energy usage data within four weeks of receiving a request from an owner, owner’s agent, or operator of a covered building.
(D)CA Public Resources Code § 25402.10(c)(2)(D) Each utility shall make available the covered building energy usage data aggregated at a monthly level unless otherwise specified by the commission.
(E)CA Public Resources Code § 25402.10(c)(2)(E) The building owner and utility shall not have any liability for any use or disclosure by others of usage information delivered as required by this section.
(d)CA Public Resources Code § 25402.10(d) The commission shall adopt regulations providing for the delivery to the commission and public disclosure of benchmarking of energy use for covered buildings, as follows:
(1)CA Public Resources Code § 25402.10(d)(1) This subdivision does not require the owner of a building with less than 50,000 square feet of gross floor space or with 16 or fewer residential utility accounts to collect or deliver energy usage information to the commission.
(2)CA Public Resources Code § 25402.10(d)(2) The commission may do, but is not limited to doing, all of the following in regulations adopted pursuant to this subdivision:
(A)CA Public Resources Code § 25402.10(d)(2)(A) Identify and provide for the collection of the energy usage data for calculations for the purpose of benchmarking of energy use.
(B)CA Public Resources Code § 25402.10(d)(2)(B) Identify and provide for the collection of the covered building characteristic information deemed necessary by the commission for the calculations for the purpose of the benchmarking of energy use.
(C)CA Public Resources Code § 25402.10(d)(2)(C) Specify the manner in which certain benchmarking of energy use shall be publicly disclosed.
(D)CA Public Resources Code § 25402.10(d)(2)(D) Determine which covered buildings, in addition to those described in paragraph (1), are not subject to the public disclosure requirement.
(E)CA Public Resources Code § 25402.10(d)(2)(E) Set a schedule to implement the requirements for public disclosure adopted by the commission.
(F)CA Public Resources Code § 25402.10(d)(2)(F) Determine if compliance with a local or county benchmarking program fulfills the commission’s requirements adopted pursuant to this subdivision.
(G)CA Public Resources Code § 25402.10(d)(2)(G) Identify categories of information it receives pursuant to this section that are protected from release under either the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code) or the Information Practices Act of 1977 (Chapter 1 (commencing with Section 1798) of Title 1.8 of Part 4 of Division 3 of the Civil Code).
(3)CA Public Resources Code § 25402.10(d)(3) The commission shall determine who will deliver the energy usage data and related information for any covered building to the commission.
(e)CA Public Resources Code § 25402.10(e) The commission may ensure timely and accurate compliance with the data submission requirements of this section by using the enforcement measures identified in Section 25321. An owner of a covered building, or its agents or operators, shall not be liable for any noncompliance due to the failure of a utility to provide the information required for compliance.
(f)CA Public Resources Code § 25402.10(f) For buildings that are not covered buildings, and for customer information that is not aggregated pursuant to subparagraph (A) of paragraph (2) of subdivision (c), the commission may adopt regulations prescribing how utilities shall either obtain the customer’s permission or determine that a building owner has obtained the customer’s permission, for the owner to receive aggregated energy usage data or, where applicable, individual customer usage information, including by use of electronic authorization and in a lease agreement between the owner and the customer.
(g)CA Public Resources Code § 25402.10(g) The reasonable costs of an electrical or gas corporation in delivering electrical or gas usage data pursuant to this section or other information as required under state or federal law or by an order of the commission shall be recoverable in rates evaluated and approved by the Public Utilities Commission.
(h)CA Public Resources Code § 25402.10(h) The reasonable costs of local publicly owned electric utilities in disclosing electrical usage data pursuant to this section may be considered “cost-effective demand-side management services to promote energy efficiency and energy conservation” and thereby reimbursable by their general funds.
(i)Copy CA Public Resources Code § 25402.10(i)
(1)Copy CA Public Resources Code § 25402.10(i)(1) For purposes of adopting or revising regulations pursuant to subdivision (d), the commission may include two or more buildings located on a single parcel or adjacent parcels with the same owner of record and with five or more active utility accounts, in aggregate, residential or nonresidential, as a single covered building, as described in subparagraph (B) of paragraph (2) of subdivision (a).
(2)CA Public Resources Code § 25402.10(i)(2) An electrical or gas utility shall provide to the owner, owner’s agent, or operator of a property containing two or more buildings on a single parcel or adjacent parcels with five or more active utility accounts, in aggregate, residential or nonresidential, upon request of the owner, agent, or operator, aggregate energy usage data on all such buildings in a manner provided pursuant to subdivision (c) as if those buildings are a single covered building, as described in subparagraph (B) of paragraph (2) of subdivision (a).
(j)CA Public Resources Code § 25402.10(j) This section does not prevent a city or county from establishing its own benchmarking program requiring collection, delivery, and disclosure of building information.

Section § 25402.11

Explanation

This section gives the commission the authority to create rules for handling rule violations related to energy appliance standards and to impose fines up to $2,500 per violation. When assigning penalties, the commission considers factors like how serious the violation is and how long it lasted. If a rule breach is found, the Attorney General can be involved to take legal action, possibly resulting in further penalties. Collected fines go towards educating the public and enforcing energy appliance regulations.

Also, certain conditions prevent penalty enforcement, such as if a product meets standards but was delayed in compliance verification. Administrative actions against non-compliant standards can only start 60 days after those standards are publicly documented and 30 days after notifying the accused violator.

(a)Copy CA Public Resources Code § 25402.11(a)
(1)Copy CA Public Resources Code § 25402.11(a)(1) The commission may adopt regulations establishing an administrative enforcement process for a violation of a regulation adopted pursuant to subdivisions (c) and (e) of Section 25402 and for the assessment of an administrative civil penalty not to exceed two thousand five hundred dollars ($2,500) for each violation. The process shall comply with the requirements of Chapter 4 (commencing with Section 11370) and Chapter 4.5 (commencing with Section 11400) of Part 1 of Division 3 of Title 2 of the Government Code.
(2)CA Public Resources Code § 25402.11(a)(2) In assessing the amount of an administrative penalty, the commission shall consider all of the following factors:
(A)CA Public Resources Code § 25402.11(a)(2)(A) The nature and seriousness of the violation.
(B)CA Public Resources Code § 25402.11(a)(2)(B) The number of violations.
(C)CA Public Resources Code § 25402.11(a)(2)(C) The persistence of the violation.
(D)CA Public Resources Code § 25402.11(a)(2)(D) The length of time over which the violation occurred.
(E)CA Public Resources Code § 25402.11(a)(2)(E) The willfulness of the violation.
(F)CA Public Resources Code § 25402.11(a)(2)(F) The violator’s assets, liabilities, and net worth.
(G)CA Public Resources Code § 25402.11(a)(2)(G) The harm to consumers and to the state that resulted from the amount of energy wasted due to the violation.
(b)CA Public Resources Code § 25402.11(b) If the commission finds that a violation of the regulations adopted pursuant to subdivisions (c) and (e) of Section 25402 has occurred or is threatening to occur, the commission may refer the matter to the Attorney General to petition a court to enjoin the violation. The court may grant prohibitory or mandatory injunctive relief as warranted by issuing a temporary restraining order, preliminary injunction, or permanent injunction, and may assess a civil penalty not to exceed two thousand five hundred dollars ($2,500) for each violation, considering the factors specified in paragraph (2) of subdivision (a).
(c)CA Public Resources Code § 25402.11(c) Penalties collected pursuant to this section shall be deposited into the Appliance Efficiency Enforcement Subaccount, which is hereby established in the Energy Resources Programs Account. The moneys in the Appliance Efficiency Enforcement Subaccount may be expended by the commission, upon appropriation by the Legislature, for the education of the public regarding appliance energy efficiency and for the enforcement of the regulations adopted pursuant to subdivisions (c) and (e) of Section 25402.
(d)CA Public Resources Code § 25402.11(d) An order imposing an administrative civil penalty shall be subject to judicial review pursuant to subdivisions (a) and (b) of Section 25534.2.
(e)CA Public Resources Code § 25402.11(e) A person shall not be liable for a civil penalty pursuant to subdivision (b) if that person is subject to an administrative civil penalty pursuant to subdivision (a).
(f)CA Public Resources Code § 25402.11(f) In a civil action brought on behalf of the commission pursuant to this section, upon granting relief, the court shall award to the commission the reasonable costs incurred by the commission in investigating and prosecuting the action.
(g)CA Public Resources Code § 25402.11(g) The commission shall not initiate an administrative enforcement process pursuant to the regulations adopted pursuant to this section against an entity for the unlawful sale or the unlawful offer for sale of an appliance if both of the following apply:
(1)CA Public Resources Code § 25402.11(g)(1) The appliance fully complies with all of the requirements of the regulations adopted pursuant to subdivisions (c) and (e) of Section 25402.
(2)CA Public Resources Code § 25402.11(g)(2) The only basis for the commission’s potential enforcement action is that the appliance is not considered to be in compliance because of the commission’s delay in reviewing and processing information submitted to it that demonstrates full compliance.
(h)CA Public Resources Code § 25402.11(h) In addition to the prohibitions specified in subdivision (g), the commission shall not initiate an administrative enforcement process pursuant to the regulations adopted pursuant to this section for a violation of a standard adopted pursuant to subdivisions (c) and (e) of Section 25402 until both of the following occur:
(1)CA Public Resources Code § 25402.11(h)(1) No fewer than 60 days have elapsed since the date when the standard was published in the California Register.
(2)CA Public Resources Code § 25402.11(h)(2) No fewer than 30 days have elapsed since the date when the alleged violator received written notice of the alleged violation and date when the commission provided public notice of the standard.

Section § 25402.12

Explanation

This law mandates that by January 1, 2019, a plan must be approved to ensure compliance with energy regulations for installing central air conditioning and heat pumps in California. The plan should be created with input from various stakeholders like local officials and industry representatives.

Before the plan's approval, the commission must evaluate technology and economic feasibility, consider impacts on homeowners and the HVAC industry, and provide a chance for public input. Additionally, the commission can set regulations to improve compliance with related permits and inspections.

(a)CA Public Resources Code § 25402.12(a) On or before January 1, 2019, the commission, in consultation with the Contractors’ State License Board, local building officials, and other stakeholders, shall approve a plan that will promote compliance with Part 6 of Title 24 of the California Code of Regulations in the installation of central air conditioning and heat pumps.
(b)CA Public Resources Code § 25402.12(b) Before approving the plan described in subdivision (a), the commission shall do all of the following:
(1)CA Public Resources Code § 25402.12(b)(1) Evaluate the best available technological and economic information to ensure that data collection and its use is feasible and achievable at a reasonable cost to government, industry, and homeowners.
(2)CA Public Resources Code § 25402.12(b)(2) Consider the impact of the plan on all of the following:
(A)CA Public Resources Code § 25402.12(b)(2)(A) Property owners.
(B)CA Public Resources Code § 25402.12(b)(2)(B) The heating, ventilation, and air conditioning industry, including manufacturers, distributors, and contractors.
(C)CA Public Resources Code § 25402.12(b)(2)(C) Local governments.
(D)CA Public Resources Code § 25402.12(b)(2)(D) Building officials.
(E)CA Public Resources Code § 25402.12(b)(2)(E) The Contractors’ State License Board.
(3)CA Public Resources Code § 25402.12(b)(3) Provide the public with the opportunity to review and comment on the proposed plan.
(c)CA Public Resources Code § 25402.12(c) The commission may adopt regulations to increase compliance with permitting and inspection requirements for central air conditioning and heat pumps, and associated sales and installations, consistent with the plan approved pursuant to subdivision (a).

Section § 25402.13

Explanation

This law section says that starting with the review of building regulations in Part 6 of Title 24, which is ongoing as of January 1, 2024, California authorities need to think about changing how they categorize certain attic spaces. Specifically, they should consider whether sealed and unvented attics, which are directly next to climate-controlled areas and enclosed by thermal and air barriers, should be classified as 'conditioned space, indirectly.'

Beginning with the triennial review of Part 6 (commencing with Section 100.0) of Title 24 of the California Code of Regulations that is pending as of January 1, 2024, the commission shall consider revising the definition of “conditioned space, indirectly” for purposes of those regulations to include sealed and unvented attics, where the space is enclosed by the primary thermal and air barrier and directly adjoining conditioned space.

Section § 25402.16

Explanation

This law requires California to develop a strategy by mid-2026 that uses building energy usage data to help reduce energy consumption and greenhouse gas emissions from buildings. This plan involves setting up energy efficiency and emission targets, considering tenant rights to avoid undue rent or utility burden, and consulting various stakeholders, especially from under-resourced communities.

It focuses on avoiding displacement and ensuring tenant protections when buildings are upgraded for energy efficiency. The strategy encourages offering building owners flexibility in choosing technologies and aligning upgrades with equipment life cycles. Local jurisdictions may propose their own programs for increasing energy efficiency provided they meet specified standards.

Additionally, input from a range of stakeholders, including communities, building owners, and energy providers, needs to be considered to ensure that the outcomes are equitable and just.

(a)CA Public Resources Code § 25402.16(a) For purposes of this section, the following definitions apply:
(1)CA Public Resources Code § 25402.16(a)(1) “Benchmarking data” means data delivered to the commission pursuant to Section 25402.10.
(2)CA Public Resources Code § 25402.16(a)(2) “Covered building” means any building subject to the benchmarking regulations adopted pursuant to Section 25402.10.
(3)CA Public Resources Code § 25402.16(a)(3) “Fuel-related emissions of greenhouse gases” means emissions of greenhouse gases from the onsite usage of fuels or emissions of greenhouse gases from the offsite production of steam or other forms of thermal energy, or from locally generated electricity, as part of a district energy system, but excludes emissions of greenhouse gases associated with electricity from the electrical grid that is used by a covered building.
(4)CA Public Resources Code § 25402.16(a)(4) “Harassment” means an act that is unlawful pursuant to subdivision (a) of Section 1940.2 of the Civil Code, a misrepresentation made to a tenant that the tenant is required to vacate a rented area, or any other act defined as harassment by an applicable city, county, or city and county ordinance.
(5)CA Public Resources Code § 25402.16(a)(5) “Under-resourced community” has the same meaning as defined in Section 71130.
(b)CA Public Resources Code § 25402.16(b) On or before July 1, 2026, the commission, in consultation with the State Air Resources Board, Public Utilities Commission, and Department of Housing and Community Development, shall develop a strategy for using benchmarking data to track and manage the energy usage and emissions of greenhouse gases of covered buildings in order to achieve the state’s goals, targets, and standards related to energy usage and emissions of greenhouse gases of covered buildings, including both of the following targets:
(1)CA Public Resources Code § 25402.16(b)(1) The annual targets for statewide energy efficiency savings and demand reduction established pursuant to subdivision (c) of Section 25310.
(2)CA Public Resources Code § 25402.16(b)(2) The greenhouse gas emission reductions targets for the building sector established by the State Air Resources Board as part of achieving the economywide greenhouse gas emissions reductions required pursuant to the California Global Warming Solutions Act of 2006 (Division 25.5 (commencing with Section 38500) of the Health and Safety Code).
(c)CA Public Resources Code § 25402.16(c) In developing the strategy pursuant to subdivision (b), the commission shall do all of the following:
(1)CA Public Resources Code § 25402.16(c)(1) Avoid increasing utility and rental cost burdens for, or causing evictions, harassment, or displacement of, tenants of covered buildings. For purposes of this paragraph, the commission shall consider including the following requirements as part of the strategy:
(A)CA Public Resources Code § 25402.16(c)(1)(A) Requirements to prohibit a renovation to a covered building that is required by the strategy from being a basis for terminating a tenancy and to ensure that any temporary relocation costs resulting from the renovation is paid for by the covered building owner.
(B)CA Public Resources Code § 25402.16(c)(1)(B) Requirements to prohibit an increase in rent for a tenant as a result of a renovation to a covered building that is required by the strategy or to limit the increase in rent to the long-term energy savings to a tenant resulting from the renovation.
(2)CA Public Resources Code § 25402.16(c)(2) Assess the feasibility and cost-effectiveness of building upgrades available to covered building owners for achieving increased energy efficiency and reductions of the emissions of greenhouse gases.
(3)CA Public Resources Code § 25402.16(c)(3) Provide flexibility, to the extent feasible, for covered building owners to select among technology options and to align the timing of building upgrades with equipment replacement cycles.
(4)CA Public Resources Code § 25402.16(c)(4) Encourage equitable access to jobs and other economic opportunities that may result from increased investment in covered building upgrades.
(5)CA Public Resources Code § 25402.16(c)(5) Prioritize reductions in fuel-related emissions of greenhouse gases because the state has already established targets, pursuant to Section 454.53 of the Public Utilities Code, for reducing, and ultimately eliminating, indirect emissions of greenhouse gases associated with electricity.
(6)CA Public Resources Code § 25402.16(c)(6) Prioritize efficiency and decarbonization measures that will benefit tenants, including measures that reduce tenants’ energy costs and remove indoor environmental hazards.
(7)CA Public Resources Code § 25402.16(c)(7) Consider including a process by which a covered building owner can propose, and the commission, or a local city or county building department to which the commission delegates this authority, may approve or reject, an alternative compliance plan. An alternative compliance plan shall, consistent with paragraph (1), avoid increasing utility and rental cost burdens for, or causing evictions, harassment, or displacement of, tenants.
(8)CA Public Resources Code § 25402.16(c)(8) Consider authorizing a local jurisdiction to implement its own program for increasing energy efficiency and reducing the emissions of greenhouse gases as an alternative to the strategy developed pursuant to subdivision (b) if that program is expected to achieve substantially equivalent or better increases in energy efficiency and reductions of the emissions of greenhouse gases, and if that program guarantees substantially equivalent or stronger tenant protections.
(d)CA Public Resources Code § 25402.16(d) In developing the strategy pursuant to subdivision (b), the commission shall consider input from affected stakeholders, including all of the following:
(1)CA Public Resources Code § 25402.16(d)(1) Members of under-resourced communities and community-based organizations representing tenant advocacy, equity, and environmental justice concerns of under-resourced communities.
(2)CA Public Resources Code § 25402.16(d)(2) Representatives of local city or county government.
(3)CA Public Resources Code § 25402.16(d)(3) Owners or operators of affordable housing.
(4)CA Public Resources Code § 25402.16(d)(4) Groups representing low-income residential and small commercial tenants, including organizations that provide legal services to those tenants.
(5)CA Public Resources Code § 25402.16(d)(5) Providers of energy efficiency, renewable energy, and building decarbonization equipment and services.
(6)CA Public Resources Code § 25402.16(d)(6) Labor unions that represent workers who implement building upgrades related to, or who manage or service, the energy infrastructure of covered buildings.
(7)CA Public Resources Code § 25402.16(d)(7) Technical building design professionals.
(8)CA Public Resources Code § 25402.16(d)(8) Facility operations professionals.
(9)CA Public Resources Code § 25402.16(d)(9) Multiunit residential building owners.
(10)CA Public Resources Code § 25402.16(d)(10) Nonresidential building owners.
(11)CA Public Resources Code § 25402.16(d)(11) Energy utilities.
(e)CA Public Resources Code § 25402.16(e) In order to ensure equitable participation and input from stakeholders representing under-resourced communities, low-income residential tenants, and small commercial tenants in the development of the strategy pursuant to subdivision (b), the commission shall do all of the following:
(1)CA Public Resources Code § 25402.16(e)(1) Contract with one or more organizations with experience representing under-resourced communities, low-income residential tenants, and small commercial tenants to advise the commission on the development of the strategy.
(2)CA Public Resources Code § 25402.16(e)(2) Consider the feedback and recommendations from each advisory organization contracted with pursuant to paragraph (1) on the proposed strategy in advance of adopting any final strategy and, to the extent that any recommendations are not adopted in the final strategy, provide a written explanation of why the recommendations were not adopted and how the final strategy attempts to address the issues raised in those recommendations in an alternative way.
(3)CA Public Resources Code § 25402.16(e)(3) In consultation with the advisory organizations contracted with pursuant to paragraph (1) and other stakeholders, develop metrics that could be used if the strategy is implemented to measure how the strategy is impacting under-resourced communities, low-income residential tenants, and small commercial tenants, and assess whether the strategy is achieving just and equitable outcomes.
(f)Copy CA Public Resources Code § 25402.16(f)
(1)Copy CA Public Resources Code § 25402.16(f)(1) On or before August 1, 2026, the commission shall submit to the Legislature the strategy developed pursuant to subdivision (b) and recommendations for further legislative action that would help achieve the objectives described in subdivision (c) if the strategy is implemented.
(2)CA Public Resources Code § 25402.16(f)(2) The commission may submit the strategy and recommendations to the Legislature as part of a report otherwise submitted to the Legislature.

Section § 25402.2

Explanation

This law specifies that any building standards created by the commission must be reviewed and approved by the State Building Standards Commission. These standards are part of a larger legal framework called the State Building Standards Law. Once approved, they are published and enforced according to specific sections of the law.

Any standard adopted by the commission pursuant to Sections 25402 and 25402.1, which is a building standard as defined in Section 25488.5, shall be submitted to the State Building Standards Commission for approval pursuant to, and is governed by, the State Building Standards Law (Part 2.5 (commencing with Section 18901) of Division 13 of the Health and Safety Code). Building standards adopted by the commission and published in the State Building Standards Code shall be enforced as provided in Sections 25402 and 25402.1.

Section § 25402.3

Explanation

This law requires the commission to set up two regional training centers in California aimed at providing ongoing education for local building officials and enforcement personnel. One center should be located in northern California and the other in southern California to address regional needs.

The purpose is to ensure a uniform understanding and application of energy-efficient building standards. They will offer monthly training, primarily using existing local resources.

Additionally, similar training workshops must be held in rural areas, with at least two sessions in both northern and southern California each year. The workshops are designed to maximize participation and minimize costs for smaller, remote government agencies.

For purposes of subdivision (e) of Section 25402.1, the commission shall contract with California building officials to establish two regional training centers to provide continuing education for local building officials and enforcement personnel as follows:
(a)CA Public Resources Code § 25402.3(a) One site shall be located in northern California and one site shall be located in southern California to serve the needs of the respective regions.
(b)CA Public Resources Code § 25402.3(b) The centers shall provide training on a monthly basis to ensure a uniform understanding and implementation of the energy efficient building standards. Existing resources shall be used as much as possible by utilizing members of the building official community in training activities.
(c)CA Public Resources Code § 25402.3(c) The centers shall provide similar training sessions, in the form of workshops given in designated rural areas, to ensure that adequate training is available throughout the state.
(1)CA Public Resources Code § 25402.3(c)(1) A minimum of two workshops in northern California and two workshops in southern California shall be offered each year.
(2)CA Public Resources Code § 25402.3(c)(2) The sites shall be selected to ensure the greatest number of participants will be served in areas of greatest need to decrease the financial burden on small rural or isolated local government agencies that would not be able to travel to the regional training centers for instruction.

Section § 25402.4

Explanation

This section requires that nonresidential building standards in California include at least one option for using passive or semi-passive thermal systems to meet energy requirements. These systems might involve techniques like installing skylights for more daylight, using openable windows for natural air conditioning, positioning the building to maximize passive heating/cooling, and employing thermal mass materials to store heat or cold, such as roof ponds or water walls.

The standards for nonresidential buildings prescribed by the commission pursuant to subdivisions (a) and (b) of Section 25402 shall provide at least one option which uses passive or semipassive thermal systems, as defined in Section 25600, for meeting the prescribed energy use requirements. These systems may include, but are not limited to, the following construction techniques:
(a)CA Public Resources Code § 25402.4(a) Use of skylights or other daylighting techniques.
(b)CA Public Resources Code § 25402.4(b) Use of openable windows or other means of using outside air for space conditioning.
(c)CA Public Resources Code § 25402.4(c) Use of building orientation, to complement other passive or semipassive thermal systems.
(d)CA Public Resources Code § 25402.4(d) Use of thermal mass, of structural or nonstructural type, for storage of heat or cold, including, but not limited to, roof ponds and water walls.

Section § 25402.5

Explanation

This law section defines the term "lighting device" broadly, covering items like lamps, fixtures, and controls. It requires the commission to consider all types of lighting, both new and replacement, as well as interior and exterior, under certain energy standards. Specifically, indoor and outdoor lighting devices are treated as types of appliances subject to these standards.

Additionally, the commission must set energy efficiency standards for outdoor lighting, ensuring they are both feasible and cost-effective. This includes lighting not previously covered by other standards, such as streetlights and traffic lights. The commission is required to work with CALTRANS to ensure the standards align with safety and lighting needs for highways.

(a)CA Public Resources Code § 25402.5(a) As used in this section, “lighting device” includes, but is not limited to, a lamp, luminaire, light fixture, lighting control, ballast, or any component of those devices.
(b)Copy CA Public Resources Code § 25402.5(b)
(1)Copy CA Public Resources Code § 25402.5(b)(1) The commission shall consider both new and replacement, and both interior and exterior, lighting devices as lighting which is subject to subdivision (a) of Section 25402.
(2)CA Public Resources Code § 25402.5(b)(2) The commission shall include both indoor and outdoor lighting devices as appliances to be considered in prescribing standards pursuant to paragraph (1) of subdivision (c) of Section 25402.
(3)CA Public Resources Code § 25402.5(b)(3) The Legislature hereby finds and declares that paragraphs (1) and (2) are declarative of existing law.
(c)CA Public Resources Code § 25402.5(c) The commission shall adopt efficiency standards for outdoor lighting. The standards shall be technologically feasible and cost-effective. As used in this subdivision, “outdoor lighting” refers to all electrical lighting that is not subject to standards adopted pursuant to Section 25402, and includes, but is not limited to, street lights, traffic lights, parking lot lighting, and billboard lighting. The commission shall consult with the Department of Transportation (CALTRANS) to ensure that outdoor lighting standards that affect CALTRANS are compatible with that department’s policies and standards for safety and illumination levels on state highways.

Section § 25402.7

Explanation

Electric and gas utilities in California must work with a commission to help develop and support building standards and related regulations. This includes conducting research and providing training needed to implement these standards.

However, utilities are only required to provide this support if they have the necessary funds available.

(a)CA Public Resources Code § 25402.7(a) In consultation with the commission, electric and gas utilities shall provide support for building standards and other regulations pursuant to Section 25402, including appropriate research, development, and training to implement those standards and other regulations.
(b)CA Public Resources Code § 25402.7(b) The electric and gas utilities shall provide support pursuant to subdivision (a) only to the extent that funds are made available to the utilities for that purpose.

Section § 25402.8

Explanation

The commission must consider how new building energy standards will affect indoor air pollution for both homes and other buildings.

When assessing new building standards for residential and nonresidential buildings relating to the conservation of energy, the commission shall include in its deliberations the impact that those standards would have on indoor air pollution problems.

Section § 25402.9

Explanation

This law mandates that by July 1, 1996, a commission must create and share a booklet to inform various parties about a statewide home energy rating program. This booklet is aimed at homeowners, renters, sellers, brokers, and the public, providing them with crucial information on energy ratings for homes.

The development of this booklet must involve consulting with a wide range of stakeholders including real estate experts, utility companies, consumer and environmental groups, and more to ensure comprehensive and useful content.

Additionally, the commission is authorized to charge a fee for this booklet to cover the costs of its production and distribution.

(a)CA Public Resources Code § 25402.9(a) On or before July 1, 1996, the commission shall develop, adopt, and publish an informational booklet to educate and inform homeowners, rental property owners, renters, sellers, brokers, and the general public about the statewide home energy rating program adopted pursuant to Section 25942.
(b)CA Public Resources Code § 25402.9(b) In the development of the booklet, the commission shall consult with representatives of the Bureau of Real Estate, the Department of Housing and Community Development, the Public Utilities Commission, investor-owned and municipal utilities, cities and counties, real estate licensees, homebuilders, mortgage lenders, home appraisers and inspectors, home energy rating organizations, contractors who provide home energy services, consumer groups, and environmental groups.
(c)CA Public Resources Code § 25402.9(c) The commission shall charge a fee for the informational booklet to recover its costs under subdivision (a).

Section § 25403

Explanation

This law mandates that by January 1, 2021, a commission must work with various state agencies to study how California can cut greenhouse gas emissions from residential and commercial buildings by 40% from 1990 levels by 2030. They need to evaluate the cost and effectiveness of different emission reduction strategies, especially for heating systems, and consider the impact on low-income housing and high-rise buildings. They also must think about how these strategies will affect utility costs, building costs, and the power grid, including new solar requirements on homes and electric vehicle charging demands. By June 1, 2021, the findings must be reported to the Legislature, and from November 1, 2021, onward, every energy policy report must include data on greenhouse gas emissions from various energy sources for buildings, which will be shared online.

(a)CA Public Resources Code § 25403(a) By January 1, 2021, the commission, in consultation with the Public Utilities Commission, the State Air Resources Board, and the Independent System Operator, shall assess the potential for the state to reduce the emissions of greenhouse gases in the state’s residential and commercial building stock by at least 40 percent below 1990 levels by January 1, 2030. The assessment shall include consideration of all of the following:
(1)CA Public Resources Code § 25403(a)(1) An evaluation, based on the best available data and existing analyses, of the cost per metric ton of carbon dioxide equivalent of the potential reduction from residential and commercial building stock relative to other statewide greenhouse gas emissions reduction strategies.
(2)CA Public Resources Code § 25403(a)(2) The cost-effectiveness of strategies to reduce emissions of greenhouse gases from space heating and water heating in both new and existing residential and commercial buildings.
(3)CA Public Resources Code § 25403(a)(3) The challenges associated with reducing emissions of greenhouse gases from low-income housing, multifamily housing, and high-rise buildings.
(4)CA Public Resources Code § 25403(a)(4) Load management strategies to optimize building energy use in a manner that reduces the emissions of greenhouse gases.
(5)CA Public Resources Code § 25403(a)(5) The potential impacts of emission reduction strategies on ratepayers, construction costs, and grid reliability. In assessing the impact on grid reliability, the commission shall account for both of the following:
(A)CA Public Resources Code § 25403(a)(5)(A) The commission’s 2019 Building Energy Efficiency Standards, effective January 1, 2020, that propose to require solar energy systems on all new single-family and low-rise residential dwellings.
(B)CA Public Resources Code § 25403(a)(5)(B) The increased load and impact on electrical infrastructure due to transportation electrification.
(b)Copy CA Public Resources Code § 25403(b)
(1)Copy CA Public Resources Code § 25403(b)(1) By June 1, 2021, the commission, pursuant to Section 9795 of the Government Code, shall report to the Legislature the findings from the assessment.
(2)CA Public Resources Code § 25403(b)(2) Pursuant to Section 10231.5 of the Government Code, this subdivision is inoperative on June 1, 2026.
(c)CA Public Resources Code § 25403(c) Beginning with the integrated energy policy report due on November 1, 2021, and in all subsequent integrated energy policy reports, the commission shall include a report on the emissions of greenhouse gases, based on existing data, associated with the supply of energy to residential and commercial buildings, by fuel type. The commission shall make this information publicly available on its Internet Web site.

Section § 25403.2

Explanation

This section outlines a California program aimed at encouraging the construction of new residential buildings that are all-electric or equipped with energy storage systems. This initiative, using funds from the 2021 Budget Act, is called the Building Initiative for Low-Emissions Development Program Phase 2. The program includes creating guidelines by June 30, 2022, and offering financial incentives for buildings that meet the criteria, providing combined benefits if a building is both all-electric and incorporates energy storage.

The program's goal is to significantly boost the market adoption of these technologies in buildings that wouldn't typically use them and to encourage the use of new technologies not mandated by current building codes. An upfront incentive may be given to ensure participation.

(a)CA Public Resources Code § 25403.2(a) Using the moneys appropriated pursuant to Items 3360-105-0001 and 3360-005-0001 of Section 2.00 of the Budget Act of 2021, the commission shall implement and administer a statewide program to incentivize the construction of new multifamily and single-family market-rate residential buildings as all-electric buildings or with energy storage systems. The commission shall provide a combined incentive if a building is both all electric and has an energy storage system.
(b)CA Public Resources Code § 25403.2(b) The program implemented and administered pursuant to this section shall be known as the Building Initiative for Low-Emissions Development Program Phase 2.
(c)CA Public Resources Code § 25403.2(c) In implementing and administering the Building Initiative for Low-Emissions Development Program Phase 2, the commission shall do all of the following:
(1)CA Public Resources Code § 25403.2(c)(1) Before June 30, 2022, develop and approve program guidelines in a public process. The Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code) does not apply to the development and approval of the guidelines.
(2)CA Public Resources Code § 25403.2(c)(2) Make program applications available within 30 days of the commission approving the guidelines pursuant to paragraph (1).
(3)CA Public Resources Code § 25403.2(c)(3) Ensure, to the extent reasonable, that the program incentivizes the construction of buildings as all electric or with energy storage systems that would not have otherwise been constructed as all electric or with energy storage systems but for the Building Initiative for Low-Emissions Development Program Phase 2.
(4)CA Public Resources Code § 25403.2(c)(4) Ensure, to the extent reasonable, that the program incentivizes the installation of technologies not otherwise required pursuant to the applicable local and state building codes.
(d)CA Public Resources Code § 25403.2(d) A goal of the Building Initiative for Low-Emissions Development Program Phase 2 is to spur significant market adoption of all-electric buildings and energy storage systems.
(e)CA Public Resources Code § 25403.2(e) The commission may pay an incentive upfront if not doing so would inhibit participation in the Building Initiative for Low-Emissions Development Program Phase 2.

Section § 25403.5

Explanation

This law requires the commission to set up standards for managing the electrical load in each utility area by July 1, 1978. The goal is to manage electricity use better and make it more cost-effective compared to building new capacity. Techniques include changing rates to encourage using electricity during off-peak hours, using energy storage systems, and automated systems to control peak energy use.

The standards must be both cost-effective and technologically feasible. Costs associated with these standards are to be supported in rate settings by the Public Utilities Commission. If something isn't feasible, the commission can delay its implementation and must explain why.

Utilities can ask for exemptions or delays if they prove that these standards are extremely hard to meet, not cost-effective, or would reduce reliability. This section doesn't apply to sites and facilities proposed before the standards were set.

(a)CA Public Resources Code § 25403.5(a) The commission shall, by July 1, 1978, adopt standards by regulation for a program of electrical load management for each utility service area. In adopting the standards, the commission shall consider, but need not be limited to, the following load management techniques:
(1)CA Public Resources Code § 25403.5(a)(1) Adjustments in rate structure to encourage use of electrical energy at off-peak hours or to encourage control of daily electrical load. Compliance with those adjustments in rate structure shall be subject to the approval of the Public Utilities Commission in a proceeding to change rates or service.
(2)CA Public Resources Code § 25403.5(a)(2) End use storage systems which store energy during off-peak periods for use during peak periods.
(3)CA Public Resources Code § 25403.5(a)(3) Mechanical and automatic devices and systems for the control of daily and seasonal peakloads.
(b)CA Public Resources Code § 25403.5(b) The standards shall be cost-effective when compared with the costs for new electrical capacity, and the commission shall find them to be technologically feasible. Any expense or any capital investment required of a utility by the standards shall be an allowable expense or an allowable item in the utility rate base and shall be treated by the Public Utilities Commission as allowable in a rate proceeding.
The commission may determine that one or more of the load management techniques are infeasible and may delay their adoption. If the commission determines that any techniques are infeasible to implement, it shall make a finding in each instance stating the grounds upon which the determination was made and the actions it intends to take to remove the impediments to implementation.
(c)CA Public Resources Code § 25403.5(c) The commission may also grant, upon application by a utility, an exemption from the standards or a delay in implementation. The grant of an exemption or delay shall be accompanied by a statement of findings by the commission indicating the grounds for the exemption or delay. Exemption or delay shall be granted only upon a showing of extreme hardship, technological infeasibility, lack of cost-effectiveness, or reduced system reliability and efficiency.
(d)CA Public Resources Code § 25403.5(d) This section does not apply to proposed sites and related facilities for which a notice of intent or an application requesting certification has been filed with the commission prior to the effective date of the standards.

Section § 25403.8

Explanation

This law requires the commission to create and run a program that installs battery backup systems for important traffic signals in cities and counties. They will prioritize signals in high-traffic areas, where accidents happen frequently, or where children are present, especially in places that haven't received state grants for LED traffic signals. Only LED signals can get these backups, and the commission will set technical standards for them. Cities and counties can apply for grants to help cover costs, with the commission funding 70% and the city or county covering the rest.

(a)CA Public Resources Code § 25403.8(a) The commission shall develop and implement a program to provide battery backup power for those official traffic control signals, operated by a city, county, or city and county, that the commission, in consultation with cities, counties, or cities and counties, determines to be high priority traffic control signals.
(b)CA Public Resources Code § 25403.8(b) Based on traffic factors considered by cities, counties, or cities and counties, including, but not limited to, traffic volume, number of accidents, and presence of children, the commission shall determine a priority schedule for the installation of battery backup power for traffic control systems. The commission shall give priority to a city, county, or city and county that did not receive a grant from the State of California for the installation of light-emitting diode traffic control signals.
(c)CA Public Resources Code § 25403.8(c) The commission shall also develop or adopt the necessary technical criteria as to wiring, circuitry, and recharging units for traffic control signals. Only light-emitting diodes (LED) traffic control signals are eligible for battery backup power for the full operation of the traffic control signal or a flashing red mode. A city, county, or city and county may apply for a matching grant for battery backup power for traffic control signals retrofitted with light-emitting diodes.
(d)CA Public Resources Code § 25403.8(d) Based on the criteria described in subdivision (c), the commission shall provide matching grants to cities, counties, and cities and counties for backup battery systems described in this section in accordance with the priority schedule established by the commission pursuant to subdivision (b). The commission shall provide 70 percent of the funds for a battery backup system, and the city, county, or city and county shall provide 30 percent.

Section § 25404

Explanation

This law requires the commission to work with the Office of Planning and Research, the Resources Agency, and other parties to create procedures that make sure energy-saving measures are considered in local environmental impact reports. These reports are needed for local projects to prevent wasteful or inefficient energy use.

The commission shall cooperate with the Office of Planning and Research, the Resources Agency and other interested parties in developing procedures to ensure that mitigation measures to minimize wasteful, inefficient, and unnecessary consumption of energy are included in all environmental impact reports required on local projects as specified in Section 21151.

Section § 25405

Explanation

This law allows local governments like cities and counties to establish fees to cover the costs of enforcing specific standards related to this chapter.

A city, county, or city and county may by ordinance or resolution prescribe a schedule of fees sufficient to pay the costs incurred in the enforcement of standards adopted pursuant to this chapter.

Section § 25405.5

Explanation

This law requires sellers of new homes in developments of at least 50 homes to offer buyers the option to include a solar energy system. The homes must have a completed subdivision map application on or after January 1, 2011. Sellers must disclose the total cost and estimated savings of the solar system.

An offset program allows developers to skip the requirement by installing solar systems on different projects, like low-income housing, provided the electricity output matches that of similar-sized projects.

These requirements shouldn't replace or reduce existing energy efficiency measures. The solar options cannot compromise energy savings as dictated by current standards.

(a)CA Public Resources Code § 25405.5(a) As used in this section, the following terms have the following meanings:
(1)CA Public Resources Code § 25405.5(a)(1) “kW” means kilowatts or 1,000 watts, as measured from the alternating current side of the solar energy system inverter.
(2)CA Public Resources Code § 25405.5(a)(2) “Production home” means a single-family residence constructed as part of a development of at least 50 homes per project that is intended or offered for sale.
(3)CA Public Resources Code § 25405.5(a)(3) “Solar energy system” means a solar energy device that has the primary purpose of providing for the collection and distribution of solar energy for the generation of electricity, that produces at least one kW, and not more than five megawatts, alternating current rated peak electricity, and that meets or exceeds the eligibility criteria established pursuant to Section 25782.
(b)CA Public Resources Code § 25405.5(b) A seller of production homes shall offer a solar energy system option to all customers that enter into negotiations to purchase a new production home constructed on land for which an application for a tentative subdivision map has been deemed complete on or after January 1, 2011, and disclose the following:
(1)CA Public Resources Code § 25405.5(b)(1) The total installed cost of the solar energy system option.
(2)CA Public Resources Code § 25405.5(b)(2) The estimated cost savings associated with the solar energy system option, as determined by the commission pursuant to Chapter 8.8 (commencing with Section 25780) of Division 15.
(c)CA Public Resources Code § 25405.5(c) The commission shall develop an offset program that allows a developer or seller of production homes to forgo the offer requirement of this section on a project, by installing solar energy systems generating specified amounts of electricity on other projects, including, but not limited to, low-income housing, multifamily, commercial, industrial, and institutional developments. The amount of electricity required to be generated from solar energy systems used as an offset pursuant to this subdivision shall be equal to the amount of electricity generated by solar energy systems installed on a similarly sized project within that climate zone, assuming 20 percent of the prospective buyers would have installed solar energy systems.
(d)CA Public Resources Code § 25405.5(d) The requirements of this section shall not operate as a substitute for the implementation of existing energy efficiency measures, and the requirements of this section shall not result in lower energy savings or lower energy efficiency levels than would otherwise be achieved by the full implementation of energy savings and energy efficiency standards established pursuant to Section 25402.

Section § 25405.6

Explanation

By July 1, 2007, a study should begin to decide if new buildings in California should be required to have solar energy systems, and under what conditions. The study will look at the cost-effectiveness of such systems, factoring in government rebates, tax deductions, and net-metering. The idea is to ensure these systems would be financially sensible over the building's lifetime. The study will be updated regularly to reflect any changes in available incentives. Importantly, this section is just for studying the issue, not for creating any new solar system requirements for buildings.

Not later than July 1, 2007, the commission shall initiate a public proceeding to study and make findings whether, and under what conditions, solar energy systems should be required on new residential and new nonresidential buildings, including the establishment of numerical targets. As part of the study, the commission may determine that a solar energy system should not be required for any building unless the commission determines, based upon consideration of all costs associated with the system, that the system is cost effective when amortized over the economic life of the structure. When determining the cost-effectiveness of the solar energy system, the commission shall consider the availability of governmental rebates, tax deductions, net-metering, and other quantifiable factors, if the commission can determine the availability of these financial incentives if a solar energy system is made mandatory and not elective. The commission shall periodically update the study and incorporate any revision that the commission determines is necessary, including revisions that reflect changes in the financial incentives originally considered by the commission when determining cost-effectiveness of the solar energy system. For purposes of this section, “solar energy system” means a photovoltaic solar collector or other photovoltaic solar energy device that has a primary purpose of providing for the collection and distribution of solar energy for the generation of electricity. This section is intended to be for study purposes only and does not authorize the commission to develop and adopt any requirement for solar energy systems on either residential or nonresidential buildings.

Section § 25402.5.4

Explanation

This law requires that by the end of 2008, energy efficiency standards be set for general purpose lights, aiming to cut energy use by half for indoor residential lighting and by a quarter for commercial and outdoor lighting by 2018. The commission will also suggest ways to continue reducing energy consumption beyond 2018. State agencies must stop buying lights that don't meet these standards within two years of adoption, with certain exceptions allowed up to four years. The law also encourages the University of California to stop purchasing non-compliant lights within two years. General purpose lights for indoor and outdoor use are covered, excluding specialty lighting such as appliance and infrared lights, unless otherwise included after public consultation if usage rises significantly.

(a)CA Public Resources Code § 25402.5.4(a) On or before December 31, 2008, the commission shall adopt minimum energy efficiency standards for all general purpose lights on a schedule specified in the regulations. The regulations, in combination with other programs and activities affecting lighting use in the state, shall be structured to reduce average statewide electrical energy consumption by not less than 50 percent from the 2007 levels for indoor residential lighting and by not less than 25 percent from the 2007 levels for indoor commercial and outdoor lighting, by 2018.
(b)CA Public Resources Code § 25402.5.4(b) The commission shall make recommendations to the Governor and the Legislature regarding how to continue reductions in electrical consumption for lighting beyond 2018.
(c)CA Public Resources Code § 25402.5.4(c) The commission may establish programs to encourage the sale in this state of general purpose lights that meet or exceed the standards set forth in subdivision (a).
(d)Copy CA Public Resources Code § 25402.5.4(d)
(1)Copy CA Public Resources Code § 25402.5.4(d)(1) Except as provided in paragraph (2), the Department of General Services, and all other state agencies, as defined in Section 12200 of the Public Contract Code, in coordination with the commission, shall cease purchasing general purpose lights that do not meet the standards adopted pursuant to subdivision (a), within two years of those standards being adopted.
(2)CA Public Resources Code § 25402.5.4(d)(2) The Department of General Services, and all other state agencies, as defined in Section 12200 of the Public Contract Code, in coordination with the commission shall cease purchasing general purpose lights with an appearance that is historically appropriate for the facilities in which the lights are being used, and that do not meet the standards adopted pursuant to subdivision (a) within four years of those standards being adopted.
(e)CA Public Resources Code § 25402.5.4(e) It is the intent of the Legislature to encourage the Regents of the University of California, in coordination with the commission, to cease purchasing general purpose lights that do not meet the standards adopted pursuant to subdivision (a), within two years of those standards being adopted.
(f)Copy CA Public Resources Code § 25402.5.4(f)
(1)Copy CA Public Resources Code § 25402.5.4(f)(1) (A) For purposes of this section, “general purpose lights” means lamps, bulbs, tubes, or other electric devices that provide functional illumination for indoor residential, indoor commercial, and outdoor use.
(B)CA Public Resources Code § 25402.5.4(f)(1)(B) General purpose lights do not include any of the following types of specialty lighting: appliance, black light, bug, colored, infrared, left-hand thread, marine, marine signal service, mine service, plant light, reflector, rough service, shatter resistant, sign service, silver bowl, showcase, three-way, traffic signal, and vibration service or vibration resistant.
(2)CA Public Resources Code § 25402.5.4(f)(2) The commission may, after one or more public workshops, with public notice and an opportunity for all interested parties to comment, provide for inclusion of a particular type of specialty light in its energy efficiency standards applicable to general purpose lighting, if it finds that there has been a significant increase in sales of that particular type of particular specialty light due to the use of that specialty light in general purpose lighting applications.
(3)CA Public Resources Code § 25402.5.4(f)(3) General purpose lights do not include lights needed to provide special-needs lighting for individuals with exceptional needs.