Bill Text: CA AB1078 | 2021-2022 | Regular Session | Enrolled
Bill Title: Energy: building standards: photovoltaic requirements.
Spectrum: Partisan Bill (Republican 3-0)
Status: (Vetoed) 2022-09-22 - Vetoed by Governor. [AB1078 Detail]
Download: California-2021-AB1078-Enrolled.html
|
Enrolled
August 25, 2022 |
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Passed
IN
Senate
August 18, 2022 |
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Passed
IN
Assembly
August 23, 2022 |
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Amended
IN
Senate
June 08, 2022 |
CALIFORNIA LEGISLATURE—
2021–2022 REGULAR SESSION
Assembly Bill
No. 1078
| Introduced by Assembly Member Patterson (Coauthors: Assembly Members Gallagher and Mathis) |
February 18, 2021 |
An act to amend Section 25402.13 of, and to add and repeal Section 25402.13.5 of, the Public Resources Code, relating to energy.
LEGISLATIVE COUNSEL'S DIGEST
AB 1078, Patterson.
Energy: building standards: photovoltaic requirements.
Existing law authorizes the State Energy Resources Conservation and Development Commission to prescribe, by regulation, energy efficiency standards, including appliance efficiency standards. Pursuant to this authority, the commission has established regulations requiring solar-ready buildings and for the installation of photovoltaic systems meeting certain requirements for low-rise residential buildings built on or after January 1, 2020.
Existing law, until January 1, 2023, specifies that residential construction intended to repair, restore, or replace a residential building damaged or destroyed as a result of a disaster in an area in which a state of emergency has been proclaimed by the
Governor before January 1, 2020, is required to comply with the photovoltaic requirements, if any, that were in effect at the time the damaged or destroyed residential building was originally constructed and is not required to comply with any additional or conflicting photovoltaic requirements in effect at the time of repair, restoration, or replacement. Existing law provides that this provision applies if certain requirements are met with respect to the owner’s income and insurance coverage and the location and square footage of the construction.
This bill would extend the operation of the above-described exemption from the commission’s requirements for the installation of photovoltaic systems until January 1, 2024, and
extend the exemption to residential buildings damaged or destroyed as a result of a disaster declared during the 2020 calendar year. The bill would require the commission to collect data on the use and application of the exemption from local permitting agencies and, on or before March 1, 2023, and again on or before March 1, 2024, to prepare and submit a report to the relevant policy committees of the Legislature concerning the exemption, as provided. Because a local agency would be required to determine whether those requirements are met, this bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YESBill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 25402.13 of the Public Resources Code is amended to read:25402.13.
(a) Notwithstanding other laws, residential construction intended to repair, restore, or replace a residential building damaged or destroyed as a result of a disaster in an area in which a state of emergency has been proclaimed by the Governor pursuant to Chapter 7 (commencing with Section 8550) of Division 1 of Title 2 of the Government Code shall comply with requirements regarding photovoltaic systems pursuant to regulations prescribed pursuant to subdivisions (a) and (b) of Section 25402, if any, that were in effect at the time the damaged or destroyed residential building was originally constructed and shall not be required to comply with any additional or conflicting photovoltaic system requirements in effect at the time of repair, restoration, or replacement.(b) This section does not apply to emergencies proclaimed by the Governor on and after January 1, 2021.
(c) This section only applies when one or more of the following conditions are met:
(1) The income of the owner of the residential building is at or below the median income for the county in which the residential building is located as determined by the Department of Housing and Community Development state income limits.
(2) The construction does not exceed the square footage of the property at the time it was damaged.
(3) The new construction is located on the site of the home that was
damaged.
(4) The owner of the residential building did not have code upgrade insurance at the time the property was damaged.
(d) This section shall become inoperative on January 1, 2024, and, as of January 1, 2025, is repealed.
SEC. 2.
Section 25402.13.5 is added to the Public Resources Code, to read:25402.13.5.
(a) The commission shall collect data, to the extent possible, on the use and application of Section 25402.13 from local permitting agencies.(b) Notwithstanding Section 10231.5 of the Government Code, on or before March 1, 2023, and on or before March 1, 2024, the commission shall prepare and submit a report to the relevant policy committees of the Legislature on the use and application of Section 25402.13 from the data collected pursuant to subdivision (a).
(c) This section shall remain in effect only until January 1, 2025, and as of that date is repealed.
