Bill Text: CA SB1026 | 2021-2022 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Residential energy efficiency disclosure statement.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Engrossed - Dead) 2022-08-11 - August 11 hearing: Held in committee and under submission. [SB1026 Detail]

Download: California-2021-SB1026-Amended.html

Amended  IN  Senate  March 24, 2022
Amended  IN  Senate  March 15, 2022

CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION

Senate Bill
No. 1026


Introduced by Senator Wieckowski

February 15, 2022


An act to add Section 1941.8 to the Civil Code, and to add Chapter 15 (commencing with Section 25992) to Division 15 of the Public Resources Code, relating to energy.


LEGISLATIVE COUNSEL'S DIGEST


SB 1026, as amended, Wieckowski. Residential energy efficiency disclosure statement.
(1) Existing law requires the State Energy Resources Conservation and Development Commission to prescribe, by regulation, energy efficiency standards for lighting, insulation, climate control systems, and building design and construction standards for new residential and new nonresidential buildings. Existing law requires the commission to also develop a public domain computer program that enables contractors, builders, architects, engineers, and government officials to estimate the energy consumed by residential and nonresidential buildings. Existing law regulates the terms and conditions of residential tenancies and imposes various requirements on landlords.
This bill would require the commission and the Department of Housing and Community Development to prepare a residential energy efficiency disclosure statement form for landlords and other lessors of residential properties to use to disclose to tenants and lessees information about the energy efficiency of the property. The bill would require the commission and the department to prepare suggested energy efficiency standards for landlords and other lessors of residential property, and would require the commission and the department to post and maintain the above-specified information on the internet.
(2) The California Constitution establishes the Public Utilities Commission, with jurisdiction over all public utilities, including electrical and gas corporations.
This bill would grant a prospective tenant who will be paying utility costs the right to obtain from an energy supplier for the unit the amount of consumption and the cost of that consumption for the prior 12-month period.
(3) Existing law regulates the terms and conditions of residential tenancies and imposes various requirements on landlords.
This bill would require a landlord who enters into a lease or tenancy at will agreement for residential property that will be used by a tenant or lessee as a primary residence to provide to potential tenants or lessees who pay for an energy supply for the unit, or upon request by a tenant or lessee, a residential energy disclosure statement, or, in the alternative, would require the landlord to include specified information in the application for the residential property. The bill would require a landlord or other person who, on behalf of a landlord, enters into a lease or tenancy at will agreement to provide the residential energy disclosure statement specified above to any person who requests the statement in person and to a tenant or lessee before the tenant or lessee enters into a contract or pays a deposit to rent or lease the property.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

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


SECTION 1.

 Section 1941.8 is added to the Civil Code, to read:

1941.8.
 (a) A prospective tenant who will be paying utility costs has the right to obtain from an energy supplier for the unit offered for rental the amount of consumption and the cost of that consumption for the prior 12-month period. A landlord or other person who, on behalf of a landlord, enters into a lease or tenancy at will agreement for residential property that will be used by a tenant or lessee as a primary residence shall provide to potential tenants or lessees who pay for an energy supply for the unit, or upon request by a tenant or lessee, a residential energy efficiency disclosure statement in accordance with Section 25992 of the Public Resources Code that includes, but is not limited to, information about the energy efficiency of the property. Alternatively, the landlord may include in the application for the residential property the name of each supplier of energy that previously supplied the unit, if known, and the following statement: “You have the right to obtain a 12-month history of energy consumption and the cost of that consumption from the energy supplier.”
(b) A landlord or other person who, on behalf of a landlord, enters into a lease or tenancy at will agreement shall provide the residential energy efficiency disclosure statement required under subdivision (a) to any person who requests the statement in person. Before a tenant or lessee enters into a contract or pays a deposit to rent or lease a property, the landlord or other person who, on behalf of a landlord, enters into a lease or tenancy at will agreement, shall provide the statement to the tenant or lessee, obtain the tenant’s or lessee’s signature on the statement, and sign the statement. The landlord or other person who, on behalf of a landlord, enters into a lease or tenancy at will agreement shall retain the signed statement for a minimum of three years.

SEC. 2.

 Chapter 15 (commencing with Section 25992) is added to Division 15 of the Public Resources Code, to read:
CHAPTER  15. Residential Energy Efficiency Disclosure Statement

25992.
 (a) For purposes of this section: section, “commission” means the State Energy Resources Conservation and Development Commission.

(1)“Commission” means the State Energy Resources Conservation and Development Commission.

(2)“Department” means the Department of Housing and Community Development.

(b) The commission and the department shall prepare a residential energy efficiency disclosure statement form for landlords and other lessors of residential properties to use to disclose to tenants and lessees information about the energy efficiency of the property in order to comply with Section 1941.8 of the Civil Code. The commission and the department shall post and maintain the statement form required by this subdivision on the internet in a format that is easily accessible to the public.
(c) The commission and the department shall prepare suggested energy efficiency standards for landlords and other lessors of residential property that is used by a tenant or lessee as a primary residence. The commission and the department shall post and maintain the standards required pursuant to this subdivision on the internet in a format that is easily accessible to the public.

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