Bill Text: CA AB1232 | 2019-2020 | Regular Session | Amended

California Assembly Bill 1232 (Prior Session Legislation)

NOTE: There are more recent revisions of this legislation. Read Latest Draft

Bill Title: Affordable housing: weatherization.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Passed) 2019-10-11 - Chaptered by Secretary of State - Chapter 754, Statutes of 2019. [AB1232 Detail]

Download: California-2019-AB1232-Amended.html

Amended IN Assembly March 26, 2019

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Assembly Bill

No. 1232

Introduced by Assembly Member Gloria

February 21, 2019

An act to add Sections 12087.7, 12087.9, and 12087.10 to the Government Code, relating to energy efficiency.

LEGISLATIVE COUNSEL'S DIGEST

AB 1232, as amended, Gloria. ~~Affordable housing: housing.~~ Affordable housing: weatherization.

Existing law requires the Department of Community Services and Development to, among other things, administer the Energy Efficiency Low-Income Weatherization Program and expend moneys appropriated by the Legislature for the proposes of the program.
This bill, commencing January 1, 2021, would require the owner of a dwelling, housing unit, or multiunit residential structure that receives assistance from the Low Income Weatherization Program to maintain the unit as low-income residential housing for 20 years following completion of the weatherization service.
This bill would require the department, by January 1, 2021, to coordinate with the Department of Housing and Community Development and the Department of Health and Human Services to identify best practices from model programs, funding mechanisms, and a recommended action plan.
Existing law requires the State Energy Resources and Conservation Commission to, among other things, establish annual targets for statewide energy efficiency savings and demand reduction, including specific strategies for progress towards maximizing savings in disadvantaged communities served by the weatherization program.
This bill would, in addition to the commission’s recommendations, require the department to conduct an assessment of the program in targeting and implementation of energy-efficiency projects in unregulated, below-market rate multifamily affordable housing.
~~Existing law establishes various programs for the financing of energy efficiency retrofits and for financing eligible renewable energy resources.~~
This bill would state the intent of the Legislature to subsequently amend this bill to include provisions that would require the use of energy efficiency upgrade funds targeting disadvantaged communities to be tied to enforceable affordability agreements, require energy and weatherization programs to be linked to environmental health programs at no cost to tenants, and require a specified study to be conducted on the barriers to access renewable energy programs, as provided.

Vote: MAJORITY Appropriation: NO Fiscal Committee: NOYES Local Program: NO

The people of the State of California do enact as follows:

SECTION 1.

Section 12087.7 is added to the Government Code, to read:

12087.7.
(a) Commencing January 1, 2021, the owner of a dwelling, housing unit, or multiunit residential structure that receives assistance from the Low Income Weatherization Program for the unit shall maintain the unit as low-income residential housing, as defined by paragraph (3) of subdivision (a) of Section 2852 of the Public Utilities Code, for a period of not less than 20 years from the date of completion of the weatherization services, regardless of the termination date of any deed-restriction designation or other legally binding provision.
(b) In order to implement the requirements of subdivision (a), the department may require that the owner agree to one or more of the following tenant protection items:
(1) Affordability contracts.
(2) Agreements on no evictions after energy program upgrades except for good cause.
(3) Preapproval by the department of rent increases after energy program upgrades the requests for approval shall document justification outside of energy efficiency-related benefits added to the unit.
(4) Restrictions on rent increases in case of resale of the property following the energy upgrade.
(c) The department may require that the owner submit rent rolls for inspection on an annual basis in order to certify compliance with this section. The rent roll information shall be made available on the department’s internet website.

SEC. 2.

Section 12087.9 is added to the Government Code, to read:

12087.9.
By January 1, 2021, the Department of Housing and Community Development shall coordinate with the Department of Community Services and Development, and the Department of Health and Human Services to identify best practices from model programs, funding mechanisms, and a recommended action plan to do both of the following:
(a) Ensure greater cross-referral between public health agencies, the environmental health investigations branch, and the Low-Income Weatherization Program for comprehensive energy and healthy home improvements for low-income multifamily residents in disadvantaged communities.
(b) Promote projects that include energy improvements that do all of the following:
(1) Provide net financial benefits, inclusive of rent and utility costs.
(2) Provide health benefits to tenants in low-income multifamily properties.
(3) Provide increased indoor air quality and address asthma or respiratory issues triggered by mold and moisture.

SEC. 3.

Section 12087.10 is added to the Government Code, to read:

12087.10.
The department shall conduct an assessment of the program in targeting and implementation of energy-efficiency projects in unregulated, below-market rate multifamily affordable housing and in addition to the recommendations in subdivision (e) of Section 25310 and Section 25327 of the Public Resources Code. The assessment shall contain both of the following:
(a) A compilation of actual rates of tenant long-term relocation or eviction, for any reason, after energy upgrades received with the goal of better enforcing affordability contracts and measures.
(b) A database of health issues in homes found when doing energy or health audits to better improve the design of environmental screening and social determinants of health tools.

SECTION 1.
(a)Due to the large number of multifamily housing units, the older stock of housing in the state, the housing affordability crisis, and the need to invest in the climate resiliency of disadvantaged communities, the Legislature should prioritize solutions at the intersection of energy efficiency, health, and housing.
~~(b)Therefore, it is the intent of the Legislature to subsequently amend this measure to include provisions that would do all of the following:~~
~~(1)Require that use of energy efficiency upgrade funds targeting disadvantaged communities be tied to enforceable affordability agreements for a minimum of 10 years.~~
~~(2)Require energy and weatherization programs to be linked to environmental health programs at no cost to tenants.~~
(3)Require a study to be conducted to understand the specific barriers unsubsidized affordable housing units have in accessing the renewable energy economy, track rates of tenant displacement or pressures after energy and health upgrades are received, and create a database of health issues found during audits to be added to maps of hotspots in environmental justice communities.