Bill Text: CA SB1477 | 2017-2018 | Regular Session | Amended

California Senate Bill 1477 (Prior Session Legislation)

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

Bill Title: Low-emissions buildings and sources of heat energy.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Passed) 2018-09-13 - Chaptered by Secretary of State. Chapter 378, Statutes of 2018. [SB1477 Detail]

Download: California-2017-SB1477-Amended.html

Amended IN Senate May 25, 2018

Amended IN Senate April 23, 2018

Amended IN Senate April 04, 2018

Amended IN Senate March 22, 2018

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Senate Bill

No. 1477

Introduced by Senator Stern

February 16, 2018

An act to add Chapter 11.5 (commencing with Section 25970) to Division 15 of the Public Resources Code, and to add Section 748.6 to the Public Utilities Code, relating to energy.

LEGISLATIVE COUNSEL'S DIGEST

SB 1477, as amended, Stern. Low-emissions buildings and sources of heat energy.

The Warren-Alquist State Energy Resources Conservation and Development Act requires the State Energy Resources Conservation and Development Commission (Energy Commission) to adopt building design and construction standards and energy and water conservation standards for new residential and nonresidential buildings to reduce the wasteful, uneconomic, inefficient, or unnecessary consumption of energy, including energy associated with the use of water. The act requires those standards to be cost effective when taken in their entirety and when amortized over the economic life of the structure compared with historic practice.

The California Global Warming Solutions Act of 2006 designates the State Air Resources Board as the state agency charged with monitoring and regulating sources of emissions of greenhouse gases. The act authorizes the state board to include the use of market-based compliance mechanisms.

This bill would require the ~~commission~~ Energy Commission to develop a statewide market development initiative to advance the state’s market for low-emission space and water heating equipment for new and existing residential and nonresidential buildings. The bill would require the ~~commission,~~ Energy Commission, as a part of the initiative, to identify and target key low-emission space and water heating technologies that would assist the state in meeting its greenhouse gas emissions reduction goals. The bill would require the commission, in consultation with the Public Utilities Commission, to develop and administer an Incentives for New Low-Emissions Technology (INLET) program to provide incentives to eligible applicants, as defined, for the deployment of near-zero-emission building technologies to significantly reduce the emissions of greenhouse gases from buildings, as specified. goals and to ensure that the initiative provides job training and employment opportunities.

This bill would require the Energy Commission, in consultation with the Public Utilities Commission, to develop and administer an Incentives for New Low-Emissions Technology program to provide incentives to eligible applicants, as defined, for the deployment of near-zero-emission building technologies to significantly reduce the emissions of greenhouse gases from buildings, as specified.
This bill would require the Public Utilities Commission to annually allocate 5% of the revenues, including any accrued interest, received by an electrical corporation or a gas corporation as a result of the direct allocation of greenhouse gas emissions allowances provided to those corporations as part of a market-based compliance mechanism to the statewide market development initiative and Incentives for New Low-Emissions Technology program, as specified.
Existing law makes any public utility and any corporation or person other than a public utility that violates any part of any order, decision, rule, direction, demand, or requirement of the commission guilty of a crime.
Because the provisions of this bill require action by the commission to implement its requirements, a violation of these commission-ordered requirements would impose a state-mandated local program by creating a new crime.
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.

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

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

SECTION 1.

Chapter 11.5 (commencing with Section 25970) is added to Division 15 of the Public Resources Code, to read:

CHAPTER 11.5. Low-Emissions Building Market Development Act

Article 1. Clean Heating and Resilient Technology (CHART) Initiative

25970.

(a) The commission shall develop a statewide market development initiative to advance the state’s market for low-emission space and water heating equipment for new and existing residential and nonresidential buildings through upstream market development, consumer education, contractor and vendor training, and the provision of upstream and midstream incentives to install low-emission space and water heating equipment in existing and new buildings, with technologies identified pursuant to subdivision (b).

(b) As a part of the initiative, the commission shall identify and target key low-emission space and water heating equipment technologies that would assist the state in achieving the state’s greenhouse gas emissions reduction goal for 2030 and other long-term greenhouse gas emissions reduction goals established by the Legislature. In identifying and targeting these technologies, the commission shall give consideration to technologies that improve the health and safety of, and energy affordability to, low-income households.

(c) In administering the initiative, the commission, in coordination with the Public Utilities Commission, shall ensure that the initiative provides job training and employment opportunities.
(d) Moneys collected pursuant to Section 748.6 of the Public Utilities Code shall be available to the commission for allocation consistent with this section.

Article 2. Incentives for New Low-Emissions Technology (INLET) Program

25975.

(a) For purposes of this article, the following definitions apply:

(1) “Disadvantaged community” means a community identified as a disadvantaged community pursuant to Section 39711 of the Health and Safety Code.

~~(2)“Low-income multifamily property” means a multifamily residential property containing units constructed for lower income households, as defined in Section 50079.5 of the Health and Safety Code.~~
(2) “Low-income community” means a census tract or equivalent geographic area defined by the United States Census Bureau in which at least 50 percent of households have an income less than 60 percent of the area median gross income.
(3) “Low-income residential housing” means either of the following:
(A) A multifamily residential building of at least two rental housing units that is operated to provide deed-restricted low-income residential housing, as described in clause (i) of subparagraph (A) of paragraph (3) of subdivision (a) of Section 2852 of the Public Utilities Code, and that meets one or both of the following conditions:
(i) The property is located in a disadvantaged community or low-income community.
(ii) At least 80 percent of the households living in the building have incomes at or below 60 percent of the area median income, as defined in subdivision (f) of Section 50052.5 of the Health and Safety Code.
(B) An individual low-income residence, as described in subparagraph (C) of paragraph (3) of subdivision (a) of Section 2852 of the Public Utilities Code.
~~(3)~~

(4) “Eligible applicants” mean either of the following:

(A) Owners or developers of new residential or new commercial buildings.

(B) Owners or developers of new ~~affordable housing, low-income multifamily properties, and residential buildings in disadvantaged communities.~~ low-income residential housing and new buildings in a disadvantaged community or low-income community.

~~(4)~~

(5) (A) “Near-zero-emission building technology” means technology that reduces both of the following:

(i) The energy demands of a building on the electrical or gas distribution system.

(ii) The direct and indirect emissions of greenhouse gases from buildings.

(B) Near-zero-emission building technology includes a single technology, such as heat pumps, solar thermal systems, or advanced energy efficiency systems, and a combination of technologies, such as a solar photovoltaic system with an energy storage ~~systems.~~ system.

25975.1.

(a) (1) The commission, in consultation with the Public Utilities Commission, shall develop and administer an Incentives for New Low-Emissions Technology (INLET) program to provide incentives to eligible applicants for the deployment of near-zero-emission building technologies to significantly reduce the emissions of greenhouse gases from those buildings beyond standards set forth in other laws or regulations.

(2) Moneys allocated pursuant to Section 748.6 of the Public Utilities Code shall be available to the commission for allocation consistent with this section.

(b) (1) The amount of the incentive provided pursuant to the program shall be based on the projected amount of reduction in the emissions of greenhouse gases resulting from the installation of the near-zero-emission building technology beyond the standards set forth in other laws or regulations.

(2)To encourage the adoption of near-zero-emission building technologies in new affordable housing, low-income multifamily properties, and residential buildings in disadvantaged communities, the program shall provide higher incentives for the installation of those technologies in new affordable housing, low-income multifamily properties, and residential buildings in disadvantaged communities than for installations in other new residential buildings and new commercial buildings.
(2) To encourage the adoption of near-zero-emission building technologies in new low-income residential housing and properties located in disadvantaged communities or low-income communities, the program shall reserve a minimum of 30 percent of the amount allocated pursuant to subdivision (b) of Section 748.6 of the Public Utilities Code, for both of the following:
(A) New low-income residential housing.
(B) New buildings located in disadvantaged communities or low-income communities that are owned by a small business, local or state government agency, educational institution, or nonprofit organization.
(c) In administering the Incentives for New Low-Emissions Technology (INLET) program, the commission shall do both of the following:
(1) Ensure that projects funded with moneys reserved pursuant to paragraph (2) of subdivision (b) are offered technical assistance to encourage the use of the program.
(2) Provide higher incentives for buildings described in paragraph (2) of subdivision (b) than for installations in other new residential buildings and new commercial buildings.

SEC. 2.

Section 748.6 is added to the Public Utilities Code, to read:

748.6.
The commission shall annually allocate 5 percent of the revenues, including any accrued interest, received by an electrical corporation or a gas corporation as a result of the direct allocation of greenhouse gas emissions allowances provided to those corporations as part of a market-based compliance mechanism adopted pursuant to subdivision (c) of Section 38562 of the Health and Safety Code according to the following:
(a) Fifteen percent of the allocated revenues for the Clean Heating and Resilient Technology (CHART) Initiative (Article 1 (commencing with Section 25970) of Chapter 11.5 of Division 15 of the Public Resources Code.)
(b) Eighty-five percent of the allocated revenues for the Incentives for New Low-Emissions Technology (INLET) Program (Article 2 (commencing with Section 25975) of Chapter 11.5 of Division 15 of the Public Resources Code.)

SEC. 3.
No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.