Bill Text: CA AB1809 | 2009-2010 | Regular Session | Amended

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

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Bill Title: Home inspections: energy audits.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Passed) 2010-09-29 - Chaptered by Secretary of State - Chapter 453, Statutes of 2010. [AB1809 Detail]

Download: California-2009-AB1809-Amended.html

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BILL NUMBER: AB 1809	AMENDED
	BILL TEXT

	AMENDED IN SENATE  JUNE 23, 2010
	AMENDED IN SENATE  JUNE 16, 2010
	AMENDED IN ASSEMBLY  APRIL 26, 2010
	AMENDED IN ASSEMBLY  MARCH 24, 2010
	AMENDED IN ASSEMBLY  MARCH 15, 2010

INTRODUCED BY   Assembly Member Smyth

                        FEBRUARY 10, 2010

   An act to add Chapter 9.4 (commencing with Section 7199.5) to
Division 3 of the Business and Professions Code, relating to home
inspections.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 1809, as amended, Smyth. Home inspections: energy audits.
   Existing law provides that it is the duty of a home inspector, as
defined, who is not licensed as a general contractor, structural pest
control operator, or architect, or registered as a professional
engineer, to conduct a home inspection, as defined, with the degree
of care that a reasonably prudent home inspector would exercise.
Existing law provides that a home inspection may include an
inspection of energy efficiency, if requested by the client. Under
existing law, a home inspection report is a written report consisting
of specified information that is prepared for a fee and is issued
after a home inspection.
   Existing law requires the State Energy Resources Conservation and
Development Commission (Energy Commission) to establish specified
standards related to a statewide home energy rating program for
residential dwellings, known as the Home Energy Rating System (HERS)
 program   Program  .
   This bill would authorize a home inspection to include, if
requested by the client,  an inspection of energy efficiency
or be accompanied by  a HERS home energy audit  . If
the client requests a HERS home energy audit, the bill would require
that HERS audit accompanying any home inspection report to comply
with certain standards   that meets the requirements of
the HERS regulations  established by the commission. The bill
would declare the intent of the Legislature that a HERS audit may, at
the request of the client, be performed during escrow by a home
inspector who  is HERS certified   meets the
requirements of the HERS regulations .
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Chapter 9.4 (commencing with Section 7199.5) is added
to Division 3 of the Business and Professions Code, to read:
      CHAPTER 9.4.  HOME ENERGY RATING SYSTEM (HERS) HOME INSPECTIONS


   7199.5.  (a) All home inspections, including those defined in
paragraph (1) of subdivision (a) of Section 7195, may, if requested
by the client,  include an inspection of energy efficiency or
 be accompanied by a Home Energy Rating System (HERS)
California home energy audit pursuant to  regulations adopted by
the Energy Commission in compliance with  Section 25942 of the
Public Resources Code.
   (b) If the client requests a HERS California home energy audit
 pursuant to Section 25942 of the Public Resources Code
 , the HERS California home inspection report accompanying
any home inspection report defined in subdivision (c) of Section 7195
shall comply with the standards  and requirements 
established by the Energy Commission for HERS California home energy
audits  as specified in Article 8 (commencing with Section 1670)
of Chapter 4 of Division 2 of Title 20 of the California Code of
Regulations, implementing the California Home Energy Rating System
Program  .
   7199.7.  It is the intent of the Legislature that a Home Energy
Rating System (HERS) California home energy audit may, at the request
of the client, be performed during escrow by a home inspector who is
 HERS certified   meets the requirements of
Article 8 (commencing with Section 1670) of Chapter 4 of Division 2
of Title 20 of the California Code of Regulations  .