State Codes and Statutes

Statutes > California > Prc > 25400-25405.6

PUBLIC RESOURCES CODE
SECTION 25400-25405.6



25400.  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.




25401.  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) Pricing of electricity and other forms of energy.
   (b) Improved building design and insulation.
   (c) Restriction of promotional activities designed to increase the
use of electrical energy by consumers.
   (d) Improved appliance efficiency.
   (e) Advances in power generation and transmission technology.
   (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 25309, 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.




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) 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.
   (c) The commission shall convene a technical advisory group to
develop an analytic framework for the inventory, to discuss the level
of detail at which the inventory would operate, and to ensure that
the inventory is consistent with other demand-side databases.
Privately owned electric and gas utilities shall provide financial
support, gather data, and provide analysis for activities that the
technical advisory group recommends. The technical advisory group
shall terminate on January 1, 1993.



25401.5.  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.


25401.6.  (a) In its administration of Section 25744, the commission
shall establish a separate rebate for eligible distributed emerging
technologies for affordable housing projects including, but not
limited to, projects undertaken pursuant to Section 50052.5, 50053,
or 50199.4 of the Health and Safety Code. In establishing the rebate,
where the commission determines that the occupants of the housing
shall have individual meters, the commission may adjust the amount of
the rebate based on the capacity of the system, provided that a
system may receive a rebate only up to 75 percent of the total
installed costs. The commission may establish a reasonable limit on
the total amount of funds dedicated for purposes of this section.
   (b) It is the intent of the Legislature that this section fulfills
the purpose of paragraph (5) of subdivision (b) of Section 25744.



25401.7.  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) A nonprofit organization.
   (b) A provider to the residential dwelling of electrical service,
or gas service, or both.
   (c) A government agency, including, but not limited to, the
commission.


25401.9.  (a) To the extent that funds are available, the
commission, in consultation with the Department of Water Resources,
shall adopt by regulation, after holding one or more public hearings,
performance standards and labeling requirements for landscape
irrigation equipment, including, but not limited to, irrigation
controllers, moisture sensors, emission devices, and valves, for the
purpose of reducing the wasteful, uneconomic, inefficient, or
unnecessary consumption of energy or water.
   (b) For the purposes of complying with subdivision (a), the
commission shall do all of the following:
   (1) Adopt performance standards and labeling requirements for
landscape irrigation controllers and moisture sensors on or before
January 1, 2010.
   (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.
   (3) Prepare and submit a report to the Legislature, on or before
January 1, 2010, that sets forth on a proposed schedule for adopting
performance standards and labeling requirements for emission devices
and valves.
   (c) On and after January 1, 2012, an irrigation controller or
moisture sensor for landscape irrigation uses may not be sold or
installed in the state unless the controller or sensor meets the
performance standards and labeling requirements established pursuant
to this section.



25402.  The commission shall, after one or more public hearings, do
all of the following, in order to reduce the wasteful, uneconomic,
inefficient, or unnecessary consumption of energy, including the
energy associated with the use of water:
   (a) (1) Prescribe, by regulation, lighting, insulation climate
control system, and other building design and construction standards
that increase the 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, no city, county, city and county, or state agency
shall issue a permit for any 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) Prior to 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, 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.
Nothing in this subdivision in any way reduces the authority of the
Department of Housing and Community Development to adopt standards
and regulations pursuant to Part 1.5 (commencing with Section 17910)
of Division 13 of the Health and Safety Code.
   (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) (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. Prior to 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, safety,
and for the protection of life, health, and general welfare to
standards in the California Building Standards Code 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. Nothing in this subdivision in any way reduces the
authority of the Department of Housing and Community Development to
adopt standards and regulations pursuant to Part 1.5 (commencing with
Section 17910) of Division 13 of the Health and Safety Code.
   (2) In order to increase public participation and improve the
efficacy of the standards adopted pursuant to subdivisions (a) and
(b), the commission shall, prior to 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 prior
to the start of the notice of proposed action any input provided
during these public meetings.
   (3) The standards adopted or revised pursuant to subdivisions (a)
and (b) 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,
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, economic impact on California businesses, and
alternative approaches and their associated costs.
   (c) (1) 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 shall become
effective no sooner than one year after the date of adoption or
revision. No new appliance manufactured on or after the effective
date of the standards may be sold or offered for sale in the state,
unless it is certified by the manufacturer thereof to be in
compliance with the standards. The standards shall be drawn so that
they do not result in any added total costs for consumers over the
designed life of the appliances concerned.
   In order to increase public participation and improve the efficacy
of the standards adopted pursuant to this subdivision, the
commission shall, prior to 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 prior to the start of
the notice of proposed action any input provided during these public
meetings.
   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, 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,
economic impact on California businesses, and alternative approaches
and their associated costs.
   (2) No new appliance, except for any plumbing fitting, regulated
under paragraph (1), that is manufactured on or after July 1, 1984,
may 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) During the period of five years after the commission has
adopted a standard for a particular appliance under paragraph (1), no
increase or decrease in the minimum level of operating efficiency
required by the standard for that appliance shall become effective,
unless the commission adopts other cost-effective measures for that
appliance.
   (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. Before January 1, 1986, the commission shall
not take any action to increase a standard prescribing minimum levels
of operating efficiency for any appliance or adopt a new standard
under paragraph (1). Before January 1, 1986, any appliance
manufacturer doing business in this state shall provide directly, or
through an appropriate trade or industry association, information, as
specified by the commission after consultation with manufacturers
doing business in the state and appropriate trade or industry
associations on sales of appliances so that the commission may study
the effects of regulations on those sales. These informational
requirements shall remain in effect until the information is
received. The trade or industry association may submit sales
information in an aggregated form in a manner that allows the
commission to carry out the purposes of the study. The commission
shall treat any sales information of an individual manufacturer as
confidential and that information shall not be a public record. The
commission shall not request any information that cannot be
reasonably produced in the exercise of due diligence by the
manufacturer. At least one year prior to 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) 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,
Refrigeration, and Air Conditioning Engineers or, for appliances not
covered by that standard, up to the level established in a similar
nationwide consensus standard.
   (B) Change the measure or rating of efficiency of any standard, if
the minimum level of operating efficiency remains substantially the
same.
   (C) Adjust the minimum level of operating efficiency in an
existing standard in order 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) 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) 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.
   (5) Notwithstanding paragraph (4), the commission may adopt
standards pursuant to Commission Order No. 84-0111-1, on or before
June 30, 1985.
   (d) Recommend minimum standards of efficiency for the operation of
any new facility at a particular site that are technically and
economically feasible. No site and related facility shall 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.
   Whenever this section and Chapter 11.5 (commencing with Section
19878) of Part 3 of Division 13 of the Health and Safety Code are in
conflict, the commission shall be governed by that chapter of the
Health and Safety Code to the extent of the conflict.
   (e) The commission shall do all of the following:
   (1) Not later than January 1, 2004, amend any regulations in
effect on January 1, 2003, pertaining to the energy efficiency
standards for residential clothes washers to require that residential
clothes washers manufactured on or after January 1, 2007, be at
least as water efficient as commercial clothes washers.
   (2) Not later than April 1, 2004, petition the federal Department
of Energy for an exemption from any relevant federal regulations
governing energy efficiency standards that are applicable to
residential clothes washers.
   (3) Not later than January 1, 2005, report to the Legislature on
its progress with respect to the requirements of paragraphs (1) and
(2).


25402.1.  In order to implement the requirements of subdivisions (a)
and (b) of Section 25402, the commission shall do all of the
following:
   (a) Develop a public domain computer program which 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 upon the actual cost of the
program, including any computer costs.
   (b) Establish a formal process for certification of compliance
options for new products, materials, and calculation methods which
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 in 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) Include a prescriptive method of complying with the standards,
including design aids such as a manual, sample calculations, and
model structural designs.
   (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. The commission shall prepare and
submit a report to the Legislature on progress and initial findings
not later than December 31, 1988, and a final report on the results
of the pilot project on residential buildings not later than June 30,
1990. The report shall include recommendations regarding the need
and feasibility of conducting further monitoring of actual
residential and nonresidential buildings. The report shall also
identify any revisions to the public domain computer program and
energy conservation standards if the pilot project determines that
revisions are appropriate.
   (e) Certify, not later than 180 days after approval of the
standards by the State 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) The standards for energy conservation established by the
commission.
   (2) Forms, charts, tables, and other data to assist designers and
builders in meeting the standards.
   (3) Design suggestions for meeting or exceeding the standards.
   (4) Any other information which the commission finds will assist
persons in conforming to the standards.
   (5) Instructions for use of the computer program for calculating
energy consumption in residential and nonresidential buildings.
   (6) The prescriptive method for use as an alternative to the
computer program.
   (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) 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) No building permit for any residential or nonresidential
building shall 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) Where there is no local building department, the commission
shall enforce subdivisions (a) and (b) of Section 25402 and this
section.
   (3) If a local building department fails to enforce subdivisions
(a) and (b) of Section 25402 and 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) 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) No construction of any state building shall 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 which are
applicable to the building.
   (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
prior to the effective date of rules and regulations adopted pursuant
to those sections that are applicable to those buildings. Nothing in
those sections shall prohibit either of the following:
   (1) The enforcement of state or local energy conservation or
energy insulation standards, adopted prior to 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 prior to that date.
   (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 prior to 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 no building
permit or other entitlement shall be denied based on the
noncompliance with the standards.
   (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 prior to the date of
adoption of the regulations.
   (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) Nothing in Section 25130, 25131, or 25402, or in this section
prevents 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 prior to
September 16, 1977.



25402.2.  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.


25402.3.  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) 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) 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) 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) A minimum of two workshops in northern California and two
workshops in southern California shall be offered each year.
   (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.



25402.4.  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) Use of skylights or other daylighting techniques.
   (b) Use of openable windows or other means of using outside air
for space conditioning.
   (c) Use of building orientation, to complement other passive or
semipassive thermal systems.
   (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.


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) (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) 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) The Legislature hereby finds and declares that paragraphs (1)
and (2) are declarative of existing law.
   (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.


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) The commission shall make recommendations to the Governor and
the Legislature regarding how to continue reductions in electrical
consumption for lighting beyond 2018.
   (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) (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) 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) 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) (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) 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) 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) General purpose lights do not include lights needed to provide
special-needs lighting for individuals with exceptional needs.




25402.6.  The commission shall investigate options and develop a
plan to decrease wasteful peakload energy consumption in existing
residential and nonresidential buildings. On or before January 1,
2004, the commission shall report its findings to the Legislature,
including, but not limited to, any changes in law necessary to
implement the plan to decrease wasteful peakload energy consumption
in existing residential and nonresidential buildings.



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 and subdivision (b) of Section
25553 including appropriate research, development, and training to
implement those standards and other regulations.
   (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.



25402.8.  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.



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) In the development of the booklet, the commission shall
consult with representatives of the Department 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, home builders, mortgage lenders,
home appraisers and inspectors, home energy rating organizations,
contractors who provide home energy services, consumer groups, and
environmental groups.
   (c) The commission shall charge a fee for the informational
booklet to recover its costs under subdivision (a).



25402.10.  (a) On and after January 1, 2009, electric and gas
utilities shall maintain records of the energy consumption data of
all nonresidential buildings to which they provide service. This data
shall be maintained, in a format compatible for uploading to the
United States Environmental Protection Agency's ENERGY STAR Portfolio
Manager, for at least the most recent 12 months.
   (b) On and after January 1, 2009, upon the written authorization
or secure electronic authorization of a nonresidential building owner
or operator, an electric or gas utility shall upload all of the
energy consumption data for the account specified for a building to
the United States Environmental Protection Agency's ENERGY STAR
Portfolio Manager in a manner that preserves the confidentiality of
the customer.
   (c) In carrying out this section, an electric or gas utility may
use any method for providing the specified data in order to maximize
efficiency and minimize overall program cost, and is encouraged to
work with the United States Environmental Protection Agency and
customers in developing reasonable reporting options.
   (d) (1) Based on a schedule developed by the commission pursuant
to paragraph (2), an owner or operator of a nonresidential building
shall disclose the United States Environmental Protection Agency's
ENERGY STAR Portfolio Manager benchmarking data and ratings for the
most recent 12-month period to a prospective buyer, lessee of the
entire building, or lender that would finance the entire building. If
the data is delivered to a prospective buyer, lessee, or lender, a
property owner, operator, or his or her agent is not required to
provide additional information, and the information shall be deemed
to be adequate to inform the prospective buyer, lessee, or lender
regarding the United States Environmental Protection Agency's ENERGY
STAR Portfolio Manager benchmarking data and ratings for the most
recent 12-month period for the building that is being sold, leased,
financed, or refinanced.
   (2) The commission shall establish a schedule by which an owner or
operator is required to meet the requirements of this subdivision.
   (e) Notwithstanding subdivision (d), this section does not
increase or decrease the duties, if any, of a property owner,
operator, or his or her broker or agent under this chapter or alter
the duty of a seller, agent, or broker to disclose the existence of a
material fact affecting the real property.



25403.  The commission shall submit to the Public Utilities
Commission and to any publicly owned electric utility,
recommendations designed to reduce wasteful, unnecessary, or
uneconomic energy consumption resulting from practices including, but
not limited to, differential rate structures, cost-of-service
allocations, the disallowance of a business expense of advertising or
promotional activities which encourage the use of electrical power,
peakload pricing, and other pricing measures. The Public Utilities
Commission or publicly owned electric utility shall review and
consider such recommendations and shall, within six months after the
date it receives them, as prescribed by this section, report to the
Governor and the Legislature its actions and reasons therefor with
respect to such recommendations.



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) 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) End use storage systems which store energy during off-peak
periods for use during peak periods.
   (3) Mechanical and automatic devices and systems for the control
of daily and seasonal peakloads.
   (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) 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) 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.



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) 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) 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) 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.
   (e) If a city, county, or city and county has installed a backup
battery system for LED traffic control signals between January 1,
2001, and the effective date of the act adding this section, the
commission may reimburse the city, county, or city and county for up
to 30 percent of the cost incurred for the backup battery system
installation. However, the commission may not spend more than one
million five hundred thousand dollars ($1,500,000) for reimbursements
pursuant to this subdivision.



25404.  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.



25405.  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.


25405.5.  (a) As used in this section, the following terms have the
following meanings:
   (1) "kW" means kilowatts or 1,000 watts, as measured from the
alternating current side of the solar energy system inverter
consistent with Section 223 of Title 15 of the United States Code.
   (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) "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) 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) The total installed cost of the solar energy system option.
   (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) The State Energy Resources Conservation and Development
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) 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.



25405.6.  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.


State Codes and Statutes

Statutes > California > Prc > 25400-25405.6

PUBLIC RESOURCES CODE
SECTION 25400-25405.6



25400.  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.




25401.  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) Pricing of electricity and other forms of energy.
   (b) Improved building design and insulation.
   (c) Restriction of promotional activities designed to increase the
use of electrical energy by consumers.
   (d) Improved appliance efficiency.
   (e) Advances in power generation and transmission technology.
   (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 25309, 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.




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) 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.
   (c) The commission shall convene a technical advisory group to
develop an analytic framework for the inventory, to discuss the level
of detail at which the inventory would operate, and to ensure that
the inventory is consistent with other demand-side databases.
Privately owned electric and gas utilities shall provide financial
support, gather data, and provide analysis for activities that the
technical advisory group recommends. The technical advisory group
shall terminate on January 1, 1993.



25401.5.  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.


25401.6.  (a) In its administration of Section 25744, the commission
shall establish a separate rebate for eligible distributed emerging
technologies for affordable housing projects including, but not
limited to, projects undertaken pursuant to Section 50052.5, 50053,
or 50199.4 of the Health and Safety Code. In establishing the rebate,
where the commission determines that the occupants of the housing
shall have individual meters, the commission may adjust the amount of
the rebate based on the capacity of the system, provided that a
system may receive a rebate only up to 75 percent of the total
installed costs. The commission may establish a reasonable limit on
the total amount of funds dedicated for purposes of this section.
   (b) It is the intent of the Legislature that this section fulfills
the purpose of paragraph (5) of subdivision (b) of Section 25744.



25401.7.  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) A nonprofit organization.
   (b) A provider to the residential dwelling of electrical service,
or gas service, or both.
   (c) A government agency, including, but not limited to, the
commission.


25401.9.  (a) To the extent that funds are available, the
commission, in consultation with the Department of Water Resources,
shall adopt by regulation, after holding one or more public hearings,
performance standards and labeling requirements for landscape
irrigation equipment, including, but not limited to, irrigation
controllers, moisture sensors, emission devices, and valves, for the
purpose of reducing the wasteful, uneconomic, inefficient, or
unnecessary consumption of energy or water.
   (b) For the purposes of complying with subdivision (a), the
commission shall do all of the following:
   (1) Adopt performance standards and labeling requirements for
landscape irrigation controllers and moisture sensors on or before
January 1, 2010.
   (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.
   (3) Prepare and submit a report to the Legislature, on or before
January 1, 2010, that sets forth on a proposed schedule for adopting
performance standards and labeling requirements for emission devices
and valves.
   (c) On and after January 1, 2012, an irrigation controller or
moisture sensor for landscape irrigation uses may not be sold or
installed in the state unless the controller or sensor meets the
performance standards and labeling requirements established pursuant
to this section.



25402.  The commission shall, after one or more public hearings, do
all of the following, in order to reduce the wasteful, uneconomic,
inefficient, or unnecessary consumption of energy, including the
energy associated with the use of water:
   (a) (1) Prescribe, by regulation, lighting, insulation climate
control system, and other building design and construction standards
that increase the 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, no city, county, city and county, or state agency
shall issue a permit for any 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) Prior to 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, 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.
Nothing in this subdivision in any way reduces the authority of the
Department of Housing and Community Development to adopt standards
and regulations pursuant to Part 1.5 (commencing with Section 17910)
of Division 13 of the Health and Safety Code.
   (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) (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. Prior to 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, safety,
and for the protection of life, health, and general welfare to
standards in the California Building Standards Code 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. Nothing in this subdivision in any way reduces the
authority of the Department of Housing and Community Development to
adopt standards and regulations pursuant to Part 1.5 (commencing with
Section 17910) of Division 13 of the Health and Safety Code.
   (2) In order to increase public participation and improve the
efficacy of the standards adopted pursuant to subdivisions (a) and
(b), the commission shall, prior to 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 prior
to the start of the notice of proposed action any input provided
during these public meetings.
   (3) The standards adopted or revised pursuant to subdivisions (a)
and (b) 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,
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, economic impact on California businesses, and
alternative approaches and their associated costs.
   (c) (1) 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 shall become
effective no sooner than one year after the date of adoption or
revision. No new appliance manufactured on or after the effective
date of the standards may be sold or offered for sale in the state,
unless it is certified by the manufacturer thereof to be in
compliance with the standards. The standards shall be drawn so that
they do not result in any added total costs for consumers over the
designed life of the appliances concerned.
   In order to increase public participation and improve the efficacy
of the standards adopted pursuant to this subdivision, the
commission shall, prior to 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 prior to the start of
the notice of proposed action any input provided during these public
meetings.
   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, 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,
economic impact on California businesses, and alternative approaches
and their associated costs.
   (2) No new appliance, except for any plumbing fitting, regulated
under paragraph (1), that is manufactured on or after July 1, 1984,
may 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) During the period of five years after the commission has
adopted a standard for a particular appliance under paragraph (1), no
increase or decrease in the minimum level of operating efficiency
required by the standard for that appliance shall become effective,
unless the commission adopts other cost-effective measures for that
appliance.
   (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. Before January 1, 1986, the commission shall
not take any action to increase a standard prescribing minimum levels
of operating efficiency for any appliance or adopt a new standard
under paragraph (1). Before January 1, 1986, any appliance
manufacturer doing business in this state shall provide directly, or
through an appropriate trade or industry association, information, as
specified by the commission after consultation with manufacturers
doing business in the state and appropriate trade or industry
associations on sales of appliances so that the commission may study
the effects of regulations on those sales. These informational
requirements shall remain in effect until the information is
received. The trade or industry association may submit sales
information in an aggregated form in a manner that allows the
commission to carry out the purposes of the study. The commission
shall treat any sales information of an individual manufacturer as
confidential and that information shall not be a public record. The
commission shall not request any information that cannot be
reasonably produced in the exercise of due diligence by the
manufacturer. At least one year prior to 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) 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,
Refrigeration, and Air Conditioning Engineers or, for appliances not
covered by that standard, up to the level established in a similar
nationwide consensus standard.
   (B) Change the measure or rating of efficiency of any standard, if
the minimum level of operating efficiency remains substantially the
same.
   (C) Adjust the minimum level of operating efficiency in an
existing standard in order 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) 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) 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.
   (5) Notwithstanding paragraph (4), the commission may adopt
standards pursuant to Commission Order No. 84-0111-1, on or before
June 30, 1985.
   (d) Recommend minimum standards of efficiency for the operation of
any new facility at a particular site that are technically and
economically feasible. No site and related facility shall 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.
   Whenever this section and Chapter 11.5 (commencing with Section
19878) of Part 3 of Division 13 of the Health and Safety Code are in
conflict, the commission shall be governed by that chapter of the
Health and Safety Code to the extent of the conflict.
   (e) The commission shall do all of the following:
   (1) Not later than January 1, 2004, amend any regulations in
effect on January 1, 2003, pertaining to the energy efficiency
standards for residential clothes washers to require that residential
clothes washers manufactured on or after January 1, 2007, be at
least as water efficient as commercial clothes washers.
   (2) Not later than April 1, 2004, petition the federal Department
of Energy for an exemption from any relevant federal regulations
governing energy efficiency standards that are applicable to
residential clothes washers.
   (3) Not later than January 1, 2005, report to the Legislature on
its progress with respect to the requirements of paragraphs (1) and
(2).


25402.1.  In order to implement the requirements of subdivisions (a)
and (b) of Section 25402, the commission shall do all of the
following:
   (a) Develop a public domain computer program which 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 upon the actual cost of the
program, including any computer costs.
   (b) Establish a formal process for certification of compliance
options for new products, materials, and calculation methods which
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 in 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) Include a prescriptive method of complying with the standards,
including design aids such as a manual, sample calculations, and
model structural designs.
   (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. The commission shall prepare and
submit a report to the Legislature on progress and initial findings
not later than December 31, 1988, and a final report on the results
of the pilot project on residential buildings not later than June 30,
1990. The report shall include recommendations regarding the need
and feasibility of conducting further monitoring of actual
residential and nonresidential buildings. The report shall also
identify any revisions to the public domain computer program and
energy conservation standards if the pilot project determines that
revisions are appropriate.
   (e) Certify, not later than 180 days after approval of the
standards by the State 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) The standards for energy conservation established by the
commission.
   (2) Forms, charts, tables, and other data to assist designers and
builders in meeting the standards.
   (3) Design suggestions for meeting or exceeding the standards.
   (4) Any other information which the commission finds will assist
persons in conforming to the standards.
   (5) Instructions for use of the computer program for calculating
energy consumption in residential and nonresidential buildings.
   (6) The prescriptive method for use as an alternative to the
computer program.
   (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) 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) No building permit for any residential or nonresidential
building shall 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) Where there is no local building department, the commission
shall enforce subdivisions (a) and (b) of Section 25402 and this
section.
   (3) If a local building department fails to enforce subdivisions
(a) and (b) of Section 25402 and 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) 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) No construction of any state building shall 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 which are
applicable to the building.
   (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
prior to the effective date of rules and regulations adopted pursuant
to those sections that are applicable to those buildings. Nothing in
those sections shall prohibit either of the following:
   (1) The enforcement of state or local energy conservation or
energy insulation standards, adopted prior to 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 prior to that date.
   (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 prior to 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 no building
permit or other entitlement shall be denied based on the
noncompliance with the standards.
   (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 prior to the date of
adoption of the regulations.
   (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) Nothing in Section 25130, 25131, or 25402, or in this section
prevents 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 prior to
September 16, 1977.



25402.2.  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.


25402.3.  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) 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) 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) 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) A minimum of two workshops in northern California and two
workshops in southern California shall be offered each year.
   (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.



25402.4.  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) Use of skylights or other daylighting techniques.
   (b) Use of openable windows or other means of using outside air
for space conditioning.
   (c) Use of building orientation, to complement other passive or
semipassive thermal systems.
   (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.


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) (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) 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) The Legislature hereby finds and declares that paragraphs (1)
and (2) are declarative of existing law.
   (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.


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) The commission shall make recommendations to the Governor and
the Legislature regarding how to continue reductions in electrical
consumption for lighting beyond 2018.
   (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) (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) 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) 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) (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) 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) 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) General purpose lights do not include lights needed to provide
special-needs lighting for individuals with exceptional needs.




25402.6.  The commission shall investigate options and develop a
plan to decrease wasteful peakload energy consumption in existing
residential and nonresidential buildings. On or before January 1,
2004, the commission shall report its findings to the Legislature,
including, but not limited to, any changes in law necessary to
implement the plan to decrease wasteful peakload energy consumption
in existing residential and nonresidential buildings.



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 and subdivision (b) of Section
25553 including appropriate research, development, and training to
implement those standards and other regulations.
   (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.



25402.8.  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.



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) In the development of the booklet, the commission shall
consult with representatives of the Department 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, home builders, mortgage lenders,
home appraisers and inspectors, home energy rating organizations,
contractors who provide home energy services, consumer groups, and
environmental groups.
   (c) The commission shall charge a fee for the informational
booklet to recover its costs under subdivision (a).



25402.10.  (a) On and after January 1, 2009, electric and gas
utilities shall maintain records of the energy consumption data of
all nonresidential buildings to which they provide service. This data
shall be maintained, in a format compatible for uploading to the
United States Environmental Protection Agency's ENERGY STAR Portfolio
Manager, for at least the most recent 12 months.
   (b) On and after January 1, 2009, upon the written authorization
or secure electronic authorization of a nonresidential building owner
or operator, an electric or gas utility shall upload all of the
energy consumption data for the account specified for a building to
the United States Environmental Protection Agency's ENERGY STAR
Portfolio Manager in a manner that preserves the confidentiality of
the customer.
   (c) In carrying out this section, an electric or gas utility may
use any method for providing the specified data in order to maximize
efficiency and minimize overall program cost, and is encouraged to
work with the United States Environmental Protection Agency and
customers in developing reasonable reporting options.
   (d) (1) Based on a schedule developed by the commission pursuant
to paragraph (2), an owner or operator of a nonresidential building
shall disclose the United States Environmental Protection Agency's
ENERGY STAR Portfolio Manager benchmarking data and ratings for the
most recent 12-month period to a prospective buyer, lessee of the
entire building, or lender that would finance the entire building. If
the data is delivered to a prospective buyer, lessee, or lender, a
property owner, operator, or his or her agent is not required to
provide additional information, and the information shall be deemed
to be adequate to inform the prospective buyer, lessee, or lender
regarding the United States Environmental Protection Agency's ENERGY
STAR Portfolio Manager benchmarking data and ratings for the most
recent 12-month period for the building that is being sold, leased,
financed, or refinanced.
   (2) The commission shall establish a schedule by which an owner or
operator is required to meet the requirements of this subdivision.
   (e) Notwithstanding subdivision (d), this section does not
increase or decrease the duties, if any, of a property owner,
operator, or his or her broker or agent under this chapter or alter
the duty of a seller, agent, or broker to disclose the existence of a
material fact affecting the real property.



25403.  The commission shall submit to the Public Utilities
Commission and to any publicly owned electric utility,
recommendations designed to reduce wasteful, unnecessary, or
uneconomic energy consumption resulting from practices including, but
not limited to, differential rate structures, cost-of-service
allocations, the disallowance of a business expense of advertising or
promotional activities which encourage the use of electrical power,
peakload pricing, and other pricing measures. The Public Utilities
Commission or publicly owned electric utility shall review and
consider such recommendations and shall, within six months after the
date it receives them, as prescribed by this section, report to the
Governor and the Legislature its actions and reasons therefor with
respect to such recommendations.



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) 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) End use storage systems which store energy during off-peak
periods for use during peak periods.
   (3) Mechanical and automatic devices and systems for the control
of daily and seasonal peakloads.
   (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) 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) 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.



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) 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) 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) 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.
   (e) If a city, county, or city and county has installed a backup
battery system for LED traffic control signals between January 1,
2001, and the effective date of the act adding this section, the
commission may reimburse the city, county, or city and county for up
to 30 percent of the cost incurred for the backup battery system
installation. However, the commission may not spend more than one
million five hundred thousand dollars ($1,500,000) for reimbursements
pursuant to this subdivision.



25404.  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.



25405.  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.


25405.5.  (a) As used in this section, the following terms have the
following meanings:
   (1) "kW" means kilowatts or 1,000 watts, as measured from the
alternating current side of the solar energy system inverter
consistent with Section 223 of Title 15 of the United States Code.
   (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) "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) 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) The total installed cost of the solar energy system option.
   (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) The State Energy Resources Conservation and Development
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) 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.



25405.6.  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.



State Codes and Statutes

State Codes and Statutes

Statutes > California > Prc > 25400-25405.6

PUBLIC RESOURCES CODE
SECTION 25400-25405.6



25400.  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.




25401.  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) Pricing of electricity and other forms of energy.
   (b) Improved building design and insulation.
   (c) Restriction of promotional activities designed to increase the
use of electrical energy by consumers.
   (d) Improved appliance efficiency.
   (e) Advances in power generation and transmission technology.
   (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 25309, 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.




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) 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.
   (c) The commission shall convene a technical advisory group to
develop an analytic framework for the inventory, to discuss the level
of detail at which the inventory would operate, and to ensure that
the inventory is consistent with other demand-side databases.
Privately owned electric and gas utilities shall provide financial
support, gather data, and provide analysis for activities that the
technical advisory group recommends. The technical advisory group
shall terminate on January 1, 1993.



25401.5.  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.


25401.6.  (a) In its administration of Section 25744, the commission
shall establish a separate rebate for eligible distributed emerging
technologies for affordable housing projects including, but not
limited to, projects undertaken pursuant to Section 50052.5, 50053,
or 50199.4 of the Health and Safety Code. In establishing the rebate,
where the commission determines that the occupants of the housing
shall have individual meters, the commission may adjust the amount of
the rebate based on the capacity of the system, provided that a
system may receive a rebate only up to 75 percent of the total
installed costs. The commission may establish a reasonable limit on
the total amount of funds dedicated for purposes of this section.
   (b) It is the intent of the Legislature that this section fulfills
the purpose of paragraph (5) of subdivision (b) of Section 25744.



25401.7.  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) A nonprofit organization.
   (b) A provider to the residential dwelling of electrical service,
or gas service, or both.
   (c) A government agency, including, but not limited to, the
commission.


25401.9.  (a) To the extent that funds are available, the
commission, in consultation with the Department of Water Resources,
shall adopt by regulation, after holding one or more public hearings,
performance standards and labeling requirements for landscape
irrigation equipment, including, but not limited to, irrigation
controllers, moisture sensors, emission devices, and valves, for the
purpose of reducing the wasteful, uneconomic, inefficient, or
unnecessary consumption of energy or water.
   (b) For the purposes of complying with subdivision (a), the
commission shall do all of the following:
   (1) Adopt performance standards and labeling requirements for
landscape irrigation controllers and moisture sensors on or before
January 1, 2010.
   (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.
   (3) Prepare and submit a report to the Legislature, on or before
January 1, 2010, that sets forth on a proposed schedule for adopting
performance standards and labeling requirements for emission devices
and valves.
   (c) On and after January 1, 2012, an irrigation controller or
moisture sensor for landscape irrigation uses may not be sold or
installed in the state unless the controller or sensor meets the
performance standards and labeling requirements established pursuant
to this section.



25402.  The commission shall, after one or more public hearings, do
all of the following, in order to reduce the wasteful, uneconomic,
inefficient, or unnecessary consumption of energy, including the
energy associated with the use of water:
   (a) (1) Prescribe, by regulation, lighting, insulation climate
control system, and other building design and construction standards
that increase the 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, no city, county, city and county, or state agency
shall issue a permit for any 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) Prior to 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, 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.
Nothing in this subdivision in any way reduces the authority of the
Department of Housing and Community Development to adopt standards
and regulations pursuant to Part 1.5 (commencing with Section 17910)
of Division 13 of the Health and Safety Code.
   (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) (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. Prior to 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, safety,
and for the protection of life, health, and general welfare to
standards in the California Building Standards Code 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. Nothing in this subdivision in any way reduces the
authority of the Department of Housing and Community Development to
adopt standards and regulations pursuant to Part 1.5 (commencing with
Section 17910) of Division 13 of the Health and Safety Code.
   (2) In order to increase public participation and improve the
efficacy of the standards adopted pursuant to subdivisions (a) and
(b), the commission shall, prior to 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 prior
to the start of the notice of proposed action any input provided
during these public meetings.
   (3) The standards adopted or revised pursuant to subdivisions (a)
and (b) 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,
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, economic impact on California businesses, and
alternative approaches and their associated costs.
   (c) (1) 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 shall become
effective no sooner than one year after the date of adoption or
revision. No new appliance manufactured on or after the effective
date of the standards may be sold or offered for sale in the state,
unless it is certified by the manufacturer thereof to be in
compliance with the standards. The standards shall be drawn so that
they do not result in any added total costs for consumers over the
designed life of the appliances concerned.
   In order to increase public participation and improve the efficacy
of the standards adopted pursuant to this subdivision, the
commission shall, prior to 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 prior to the start of
the notice of proposed action any input provided during these public
meetings.
   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, 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,
economic impact on California businesses, and alternative approaches
and their associated costs.
   (2) No new appliance, except for any plumbing fitting, regulated
under paragraph (1), that is manufactured on or after July 1, 1984,
may 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) During the period of five years after the commission has
adopted a standard for a particular appliance under paragraph (1), no
increase or decrease in the minimum level of operating efficiency
required by the standard for that appliance shall become effective,
unless the commission adopts other cost-effective measures for that
appliance.
   (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. Before January 1, 1986, the commission shall
not take any action to increase a standard prescribing minimum levels
of operating efficiency for any appliance or adopt a new standard
under paragraph (1). Before January 1, 1986, any appliance
manufacturer doing business in this state shall provide directly, or
through an appropriate trade or industry association, information, as
specified by the commission after consultation with manufacturers
doing business in the state and appropriate trade or industry
associations on sales of appliances so that the commission may study
the effects of regulations on those sales. These informational
requirements shall remain in effect until the information is
received. The trade or industry association may submit sales
information in an aggregated form in a manner that allows the
commission to carry out the purposes of the study. The commission
shall treat any sales information of an individual manufacturer as
confidential and that information shall not be a public record. The
commission shall not request any information that cannot be
reasonably produced in the exercise of due diligence by the
manufacturer. At least one year prior to 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) 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,
Refrigeration, and Air Conditioning Engineers or, for appliances not
covered by that standard, up to the level established in a similar
nationwide consensus standard.
   (B) Change the measure or rating of efficiency of any standard, if
the minimum level of operating efficiency remains substantially the
same.
   (C) Adjust the minimum level of operating efficiency in an
existing standard in order 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) 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) 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.
   (5) Notwithstanding paragraph (4), the commission may adopt
standards pursuant to Commission Order No. 84-0111-1, on or before
June 30, 1985.
   (d) Recommend minimum standards of efficiency for the operation of
any new facility at a particular site that are technically and
economically feasible. No site and related facility shall 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.
   Whenever this section and Chapter 11.5 (commencing with Section
19878) of Part 3 of Division 13 of the Health and Safety Code are in
conflict, the commission shall be governed by that chapter of the
Health and Safety Code to the extent of the conflict.
   (e) The commission shall do all of the following:
   (1) Not later than January 1, 2004, amend any regulations in
effect on January 1, 2003, pertaining to the energy efficiency
standards for residential clothes washers to require that residential
clothes washers manufactured on or after January 1, 2007, be at
least as water efficient as commercial clothes washers.
   (2) Not later than April 1, 2004, petition the federal Department
of Energy for an exemption from any relevant federal regulations
governing energy efficiency standards that are applicable to
residential clothes washers.
   (3) Not later than January 1, 2005, report to the Legislature on
its progress with respect to the requirements of paragraphs (1) and
(2).


25402.1.  In order to implement the requirements of subdivisions (a)
and (b) of Section 25402, the commission shall do all of the
following:
   (a) Develop a public domain computer program which 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 upon the actual cost of the
program, including any computer costs.
   (b) Establish a formal process for certification of compliance
options for new products, materials, and calculation methods which
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 in 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) Include a prescriptive method of complying with the standards,
including design aids such as a manual, sample calculations, and
model structural designs.
   (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. The commission shall prepare and
submit a report to the Legislature on progress and initial findings
not later than December 31, 1988, and a final report on the results
of the pilot project on residential buildings not later than June 30,
1990. The report shall include recommendations regarding the need
and feasibility of conducting further monitoring of actual
residential and nonresidential buildings. The report shall also
identify any revisions to the public domain computer program and
energy conservation standards if the pilot project determines that
revisions are appropriate.
   (e) Certify, not later than 180 days after approval of the
standards by the State 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) The standards for energy conservation established by the
commission.
   (2) Forms, charts, tables, and other data to assist designers and
builders in meeting the standards.
   (3) Design suggestions for meeting or exceeding the standards.
   (4) Any other information which the commission finds will assist
persons in conforming to the standards.
   (5) Instructions for use of the computer program for calculating
energy consumption in residential and nonresidential buildings.
   (6) The prescriptive method for use as an alternative to the
computer program.
   (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) 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) No building permit for any residential or nonresidential
building shall 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) Where there is no local building department, the commission
shall enforce subdivisions (a) and (b) of Section 25402 and this
section.
   (3) If a local building department fails to enforce subdivisions
(a) and (b) of Section 25402 and 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) 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) No construction of any state building shall 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 which are
applicable to the building.
   (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
prior to the effective date of rules and regulations adopted pursuant
to those sections that are applicable to those buildings. Nothing in
those sections shall prohibit either of the following:
   (1) The enforcement of state or local energy conservation or
energy insulation standards, adopted prior to 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 prior to that date.
   (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 prior to 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 no building
permit or other entitlement shall be denied based on the
noncompliance with the standards.
   (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 prior to the date of
adoption of the regulations.
   (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) Nothing in Section 25130, 25131, or 25402, or in this section
prevents 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 prior to
September 16, 1977.



25402.2.  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.


25402.3.  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) 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) 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) 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) A minimum of two workshops in northern California and two
workshops in southern California shall be offered each year.
   (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.



25402.4.  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) Use of skylights or other daylighting techniques.
   (b) Use of openable windows or other means of using outside air
for space conditioning.
   (c) Use of building orientation, to complement other passive or
semipassive thermal systems.
   (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.


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) (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) 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) The Legislature hereby finds and declares that paragraphs (1)
and (2) are declarative of existing law.
   (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.


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) The commission shall make recommendations to the Governor and
the Legislature regarding how to continue reductions in electrical
consumption for lighting beyond 2018.
   (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) (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) 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) 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) (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) 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) 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) General purpose lights do not include lights needed to provide
special-needs lighting for individuals with exceptional needs.




25402.6.  The commission shall investigate options and develop a
plan to decrease wasteful peakload energy consumption in existing
residential and nonresidential buildings. On or before January 1,
2004, the commission shall report its findings to the Legislature,
including, but not limited to, any changes in law necessary to
implement the plan to decrease wasteful peakload energy consumption
in existing residential and nonresidential buildings.



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 and subdivision (b) of Section
25553 including appropriate research, development, and training to
implement those standards and other regulations.
   (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.



25402.8.  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.



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) In the development of the booklet, the commission shall
consult with representatives of the Department 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, home builders, mortgage lenders,
home appraisers and inspectors, home energy rating organizations,
contractors who provide home energy services, consumer groups, and
environmental groups.
   (c) The commission shall charge a fee for the informational
booklet to recover its costs under subdivision (a).



25402.10.  (a) On and after January 1, 2009, electric and gas
utilities shall maintain records of the energy consumption data of
all nonresidential buildings to which they provide service. This data
shall be maintained, in a format compatible for uploading to the
United States Environmental Protection Agency's ENERGY STAR Portfolio
Manager, for at least the most recent 12 months.
   (b) On and after January 1, 2009, upon the written authorization
or secure electronic authorization of a nonresidential building owner
or operator, an electric or gas utility shall upload all of the
energy consumption data for the account specified for a building to
the United States Environmental Protection Agency's ENERGY STAR
Portfolio Manager in a manner that preserves the confidentiality of
the customer.
   (c) In carrying out this section, an electric or gas utility may
use any method for providing the specified data in order to maximize
efficiency and minimize overall program cost, and is encouraged to
work with the United States Environmental Protection Agency and
customers in developing reasonable reporting options.
   (d) (1) Based on a schedule developed by the commission pursuant
to paragraph (2), an owner or operator of a nonresidential building
shall disclose the United States Environmental Protection Agency's
ENERGY STAR Portfolio Manager benchmarking data and ratings for the
most recent 12-month period to a prospective buyer, lessee of the
entire building, or lender that would finance the entire building. If
the data is delivered to a prospective buyer, lessee, or lender, a
property owner, operator, or his or her agent is not required to
provide additional information, and the information shall be deemed
to be adequate to inform the prospective buyer, lessee, or lender
regarding the United States Environmental Protection Agency's ENERGY
STAR Portfolio Manager benchmarking data and ratings for the most
recent 12-month period for the building that is being sold, leased,
financed, or refinanced.
   (2) The commission shall establish a schedule by which an owner or
operator is required to meet the requirements of this subdivision.
   (e) Notwithstanding subdivision (d), this section does not
increase or decrease the duties, if any, of a property owner,
operator, or his or her broker or agent under this chapter or alter
the duty of a seller, agent, or broker to disclose the existence of a
material fact affecting the real property.



25403.  The commission shall submit to the Public Utilities
Commission and to any publicly owned electric utility,
recommendations designed to reduce wasteful, unnecessary, or
uneconomic energy consumption resulting from practices including, but
not limited to, differential rate structures, cost-of-service
allocations, the disallowance of a business expense of advertising or
promotional activities which encourage the use of electrical power,
peakload pricing, and other pricing measures. The Public Utilities
Commission or publicly owned electric utility shall review and
consider such recommendations and shall, within six months after the
date it receives them, as prescribed by this section, report to the
Governor and the Legislature its actions and reasons therefor with
respect to such recommendations.



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) 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) End use storage systems which store energy during off-peak
periods for use during peak periods.
   (3) Mechanical and automatic devices and systems for the control
of daily and seasonal peakloads.
   (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) 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) 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.



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) 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) 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) 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.
   (e) If a city, county, or city and county has installed a backup
battery system for LED traffic control signals between January 1,
2001, and the effective date of the act adding this section, the
commission may reimburse the city, county, or city and county for up
to 30 percent of the cost incurred for the backup battery system
installation. However, the commission may not spend more than one
million five hundred thousand dollars ($1,500,000) for reimbursements
pursuant to this subdivision.



25404.  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.



25405.  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.


25405.5.  (a) As used in this section, the following terms have the
following meanings:
   (1) "kW" means kilowatts or 1,000 watts, as measured from the
alternating current side of the solar energy system inverter
consistent with Section 223 of Title 15 of the United States Code.
   (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) "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) 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) The total installed cost of the solar energy system option.
   (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) The State Energy Resources Conservation and Development
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) 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.



25405.6.  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.


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