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AB-1078 Energy: building standards: photovoltaic requirements.(2021-2022)

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Date Published: 08/25/2022 09:00 PM
AB1078:v97#DOCUMENT

Enrolled  August 25, 2022
Passed  IN  Senate  August 18, 2022
Passed  IN  Assembly  August 23, 2022
Amended  IN  Senate  June 08, 2022

CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION

Assembly Bill
No. 1078

Introduced by Assembly Member Patterson
(Coauthors: Assembly Members Gallagher and Mathis)

February 18, 2021

An act to amend Section 25402.13 of, and to add and repeal Section 25402.13.5 of, the Public Resources Code, relating to energy.


LEGISLATIVE COUNSEL'S DIGEST


AB 1078, Patterson. Energy: building standards: photovoltaic requirements.
Existing law authorizes the State Energy Resources Conservation and Development Commission to prescribe, by regulation, energy efficiency standards, including appliance efficiency standards. Pursuant to this authority, the commission has established regulations requiring solar-ready buildings and for the installation of photovoltaic systems meeting certain requirements for low-rise residential buildings built on or after January 1, 2020.
Existing law, until January 1, 2023, specifies that residential construction intended to repair, restore, or replace a residential building damaged or destroyed as a result of a disaster in an area in which a state of emergency has been proclaimed by the Governor before January 1, 2020, is required to comply with the photovoltaic requirements, if any, that were in effect at the time the damaged or destroyed residential building was originally constructed and is not required to comply with any additional or conflicting photovoltaic requirements in effect at the time of repair, restoration, or replacement. Existing law provides that this provision applies if certain requirements are met with respect to the owner’s income and insurance coverage and the location and square footage of the construction.
This bill would extend the operation of the above-described exemption from the commission’s requirements for the installation of photovoltaic systems until January 1, 2024, and extend the exemption to residential buildings damaged or destroyed as a result of a disaster declared during the 2020 calendar year. The bill would require the commission to collect data on the use and application of the exemption from local permitting agencies and, on or before March 1, 2023, and again on or before March 1, 2024, to prepare and submit a report to the relevant policy committees of the Legislature concerning the exemption, as provided. Because a local agency would be required to determine whether those requirements are met, this bill would impose a state-mandated local program.
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: YES  

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


SECTION 1.

 Section 25402.13 of the Public Resources Code is amended to read:

25402.13.
 (a) Notwithstanding other laws, residential construction intended to repair, restore, or replace a residential building damaged or destroyed as a result of a disaster in an area in which a state of emergency has been proclaimed by the Governor pursuant to Chapter 7 (commencing with Section 8550) of Division 1 of Title 2 of the Government Code shall comply with requirements regarding photovoltaic systems pursuant to regulations prescribed pursuant to subdivisions (a) and (b) of Section 25402, if any, that were in effect at the time the damaged or destroyed residential building was originally constructed and shall not be required to comply with any additional or conflicting photovoltaic system requirements in effect at the time of repair, restoration, or replacement.
(b) This section does not apply to emergencies proclaimed by the Governor on and after January 1, 2021.
(c) This section only applies when one or more of the following conditions are met:
(1) The income of the owner of the residential building is at or below the median income for the county in which the residential building is located as determined by the Department of Housing and Community Development state income limits.
(2) The construction does not exceed the square footage of the property at the time it was damaged.
(3) The new construction is located on the site of the home that was damaged.
(4) The owner of the residential building did not have code upgrade insurance at the time the property was damaged.
(d) This section shall become inoperative on January 1, 2024, and, as of January 1, 2025, is repealed.

SEC. 2.

 Section 25402.13.5 is added to the Public Resources Code, to read:

25402.13.5.
 (a) The commission shall collect data, to the extent possible, on the use and application of Section 25402.13 from local permitting agencies.
(b) Notwithstanding Section 10231.5 of the Government Code, on or before March 1, 2023, and on or before March 1, 2024, the commission shall prepare and submit a report to the relevant policy committees of the Legislature on the use and application of Section 25402.13 from the data collected pursuant to subdivision (a).
(c) This section shall remain in effect only until January 1, 2025, and as of that date is repealed.

SEC. 3.

 No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because a local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act, within the meaning of Section 17556 of the Government Code.