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SB-1026 Residential energy efficiency disclosure statement.(2021-2022)



Current Version: 06/15/22 - Amended Assembly

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SB1026:v93#DOCUMENT

Amended  IN  Assembly  June 15, 2022
Amended  IN  Assembly  June 08, 2022
Amended  IN  Senate  May 04, 2022
Amended  IN  Senate  April 07, 2022
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 16 (commencing with Section 25993) 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: requirements. statement.
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 other building design and construction standards that increase efficiency in the use of energy and water 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 owners of residential properties and their agents.
This bill would grant a prospective tenant the right to obtain from the owner of a residential dwelling unit or the owner’s agent a residential energy efficiency disclosure statement for the residential unit offered. The bill also would require the owner of a residential dwelling unit or the owner’s agent to make specified residential energy efficiency disclosures to a prospective tenant before entering into a rental agreement with the prospective tenant or requiring or accepting payment for specified fees or writings that would initiate a tenancy, subject to certain exceptions. The bill would make these provisions operative on January 1, 2024.

This

The bill would require the commission commission, on or before December 31, 2023, to prepare a residential energy efficiency disclosure statement form for owners of residential properties and their agents to use to disclose to prospective tenants information about the energy efficiency of the property. comply with the above-described disclosure provision, as specified. The bill would require the commission to prepare suggested energy efficiency standards for owners of residential properties and their agents and would require the commission to post and maintain the above-specified information on the internet.

This bill would grant a prospective tenant the right to obtain from the owner of a residential dwelling unit or the owner’s agent a residential energy efficiency disclosure statement for the residential unit offered.

This bill also would require the owner of a residential dwelling unit or the owner’s agent to make specified residential energy efficiency disclosures to a prospective tenant before entering into a rental agreement with the prospective tenant or requiring or accepting payment for specified fees or writings that would initiate a tenancy, subject to certain exceptions.

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 has the right to obtain from the owner of a residential dwelling unit or the owner’s agent a residential energy efficiency disclosure statement in accordance with Section 25993 of the Public Resources Code for the residential unit offered.
(b) (1) The owner of a residential dwelling unit or the owner’s agent shall make the disclosures described in paragraph (2) to a prospective tenant before doing any of the following:
(A) Entering into a rental agreement with a prospective tenant.
(B) Requiring or accepting payment from the prospective tenant for an application screening fee, as provided in Section 1950.6.
(C) Requiring or accepting any other fees from a prospective tenant.
(D) Requiring or accepting any writings that would initiate a tenancy.
(2) The owner of a residential dwelling unit or the owner’s agent shall comply with paragraph (1) by providing the prospective tenants with a residential energy efficiency disclosure statement in accordance with Section 25993 of the Public Resources Code that includes, but is not limited to, information about the energy efficiency of the dwelling unit offered.
(c) Subdivision (b) shall not apply to either of the following:
(1) A residential rent rental agreement in which all energy consumption by the tenant is charged to the tenant as a fixed amount regardless of consumption, whether that charge is billed separately or incorporated into the overall rent.
(2) A residential rental agreement lasting less than 30 days in length.
(d) This section shall become operative January 1, 2024.

SEC. 2.

 Chapter 16 (commencing with Section 25993) is added to Division 15 of the Public Resources Code, to read:
CHAPTER  16. Residential Energy Efficiency Disclosure Statement

25993.
 (a) For purposes of this section, “commission” means the State Energy Resources Conservation and Development Commission.
(b) The On or before December 31, 2023, the commission shall prepare a residential energy efficiency disclosure statement form for owners of residential properties and their agents to use to disclose to prospective tenants information about the energy efficiency of the property in order to comply with Section 1941.8 of the Civil Code. The commission 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 shall prepare suggested energy efficiency standards for owners of residential property and their agents. The commission shall post and maintain the standards required pursuant to this subdivision on the internet in a format that is easily accessible to the public.
(d) When developing the residential energy efficiency disclosure statement form pursuant to subdivision (b), the commission shall consider the availability of incentives and other resources offered by electrical corporations, gas corporations, local publicly owned electric utilities, and community choice aggregators.