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AB-1227 Building energy efficiency standards: solar reflectance of roofs.(2021-2022)

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Date Published: 01/03/2022 02:00 PM
AB1227:v98#DOCUMENT

Amended  IN  Assembly  January 03, 2022

CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION

Assembly Bill
No. 1227


Introduced by Assembly Member Levine

February 19, 2021


An act to add Section 2784.3 to the Labor Code, relating to employment. An act to add Section 25402.14 to the Public Resources Code, relating to energy.


LEGISLATIVE COUNSEL'S DIGEST


AB 1227, as amended, Levine. Worker classification: employees and independent contractors: workers in seasonal live theatre. Building energy efficiency standards: solar reflectance of roofs.
Existing law authorizes the State Energy Resources Conservation and Development Commission to prescribe, by regulation, energy efficiency standards, including appliance efficiency standards. Under this authorization, the commission has adopted requirements for thermal emittance, 3-year aged reflectance, and solar reflectance index of roofing materials used in new construction and reroofing projects.
This bill would require the commission, during one or more of the next 4 triennial code adoption cycles after January 1, 2023, to consider amendments to the roof replacement building standards for alterations to existing low-rise, steep-sloped roof residential buildings with the goal of increasing the value of minimum aged solar reflectance up to 0.40 in the 2033 standard and the goal of expanding the range of climate zones in which minimum aged solar reflectance values are prescribed for those alterations, as provided.

Existing law requires a 3-part test, commonly known as the “ABC” test, to determine if workers are employees or independent contractors for purposes of the Labor Code, the Unemployment Insurance Code, and the wage orders of the Industrial Welfare Commission. Under the ABC test, a person providing labor or services for remuneration is considered an employee rather than an independent contractor unless the hiring entity demonstrates that the person is free from the control and direction of the hiring entity in connection with the performance of the work, the person performs work that is outside the usual course of the hiring entity’s business, and the person is customarily engaged in an independently established trade, occupation, or business of the same nature as that involved in the work performed. Existing law exempts specified occupations and business relationships from the application of these provisions. Existing law instead provides that these occupations and business relationships are governed by the test adopted in S. G. Borello & Sons, Inc. v. Department of Industrial Relations (1989) 48 Cal.3d 341 (Borello). Existing law charges the Labor Commissioner with the enforcement of labor laws, including worker classification.

This bill would also exempt workers in seasonal live theatre.

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

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


SECTION 1.

 Section 25402.14 is added to the Public Resources Code, to read:

25402.14.
 (a) During one or more of the next four triennial code adoption cycles after January 1, 2023, the commission shall consider amendments to the roof replacement building standards for alterations to existing low-rise, steep-sloped roof residential buildings, to be included in Part 6 (commencing with Section 100) of Title 24 of the California Code of Regulations, with the goal of increasing the value of minimum aged solar reflectance up to 0.40 in the 2033 standard and the goal of expanding the range of climate zones in which minimum aged solar reflectance values are prescribed for those alterations.
(b) Before considering amendments to roof replacement building standards pursuant to subdivision (a), the commission shall assess whether there is an adequate supply of labor resources and available compliant products in the climate zones for which the commission is considering those amendments.
(c) Any requirement prescribed pursuant to subdivision (a) shall be cost effective, as determined pursuant to Section 25402, and shall not be imposed on existing low-rise, steep-sloped roof residential buildings where the cost of compliance would exceed the actual energy cost savings achieved through compliance.

SECTION 1.Section 2784.3 is added to the Labor Code, to read:
2784.3.

Section 2775 and the holding in Dynamex do not apply to workers in seasonal live theatre, and instead, the determination of whether an individual is an employee or independent contractor shall be governed by Borello.