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AB-2044 Building standards: photovoltaic requirements: accessory dwelling units.(2019-2020)

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Date Published: 03/16/2020 09:00 PM
AB2044:v98#DOCUMENT

Amended  IN  Assembly  March 16, 2020

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Assembly Bill
No. 2044

Introduced by Assembly Member Voepel

February 03, 2020

An act to add Section 18944.20 to the Health and Safety Code, relating to building standards.


LEGISLATIVE COUNSEL'S DIGEST


AB 2044, as amended, Voepel. Building standards: energy design rating: photovoltaic requirements: accessory dwelling units.
Existing law, the California Building Standards Law, establishes the California Building Standards Commission within the Department of General Services and requires state agencies that adopt or propose adoption of any building standard to submit the building standard to the commission for approval and adoption, as provided. Existing law requires the commission to approve and adopt building standards and to codify those standards in the California Building Standards Code, which is required to be published once every 3 years.
This bill would prohibit an accessory dwelling unit, as defined, from being considered to be a newly constructed building for purposes of a specified provision of the California Energy Code, which is part of the California Building Standards Code, regarding the energy design rating photovoltaic requirements for newly constructed buildings that are low-rise residential buildings. The bill would require the California Energy Commission to propose, and the California Building Standards Commission to adopt, approve, codify, and publish, building standards to implement this provision. study exempting accessory dwelling units from the photovoltaic requirements specified above and would require the Energy Commission to make recommendations to the California Building Standards Commission in time for consideration and adoption in the next regularly occurring California Building Standards code adoption cycle.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

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


SECTION 1.

 Section 18944.20 is added to the Health and Safety Code, to read:

18944.20.
 (a) Notwithstanding any other law, an accessory dwelling unit shall not be considered to be a newly constructed building for purposes of Section 150.1(b) the photovoltaic requirements specified in Section 150.1(c)14 of the 2019 California Energy Code Building Energy Efficiency Standards (Part 6 (commencing with Section 100.0) of Title 24 of the California Code of Regulations), as that section read on January 1, 2020, or any successor to that provision.
(b) For purposes of this section, “accessory dwelling unit” means a detached accessory dwelling unit that is created pursuant to Section 65852.2 of the Government Code, or a local ordinance implementing that section, or any similar detached residential dwelling unit that is constructed on the same lot as a proposed or existing primary residence. has the same meaning as in Section 65852.2 of the Government Code.
(c) The California Energy Commission shall propose, and the California Building Standards Commission shall adopt, approve, codify, and publish, building standards to implement this section in accordance with this chapter. study exempting accessory dwelling units from the photovoltaic requirements specified in Section 150.1(c)14 of the 2019 Building Energy Efficiency Standards and shall make recommendations to the California Building Standards Commission in time for consideration and adoption in the next regularly occurring California Building Standards Code adoption cycle.