Amended IN Senate April 04, 2022 CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Senate Bill No. 1393Introduced by Senator Archuleta(Principal coauthor: Assembly Member Rodriguez)February 18, 2022 An act to add Section 25233 to the Public Resources Code, relating to energy.LEGISLATIVE COUNSEL'S DIGESTSB 1393, as amended, Archuleta. Energy: appliances: local requirements.Existing law requires the State Energy Resources Conservation and Development Commission to take specified actions to reduce the wasteful, uneconomic, inefficient, or unnecessary consumption of energy, including the energy associated with the use of water, and to manage energy loads to help maintain electrical grid reliability. Existing law requires the commission, in furtherance of that purpose, to prescribe, by regulation, standards for minimum levels of operating efficiency to promote the use of energy- and water-efficient appliances whose use, as determined by the commission, requires a significant amount of energy or water on a statewide basis.This bill would require a city, including a charter city, or county to submit an application to, and receive approval from, the commission before the city or county could require that a fossil fuel-fired appliance be replaced with an electric appliance upon the alteration or retrofit of a residential or nonresidential building, except when the requirement includes specified exemptions, as specified.The bill would include findings that changes proposed by this bill address a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities, including charter cities.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 25233 is added to the Public Resources Code, to read:25233. (a) For purposes of this section, the following definitions apply:(1) Local government agency means a city, including a charter city, or county.(2) Low- and median-income consumers means those consumers with annual household incomes of 130 percent or less of the area median income, as published by the Department of Housing and Community Development pursuant to Section 50093 of the Health and Safety Code, for the jurisdiction in which the requirement would apply.(3) Skilled and trained workforce has the same meaning as defined in Section 2601 of the Public Contract Code.(b) (1) Except as provided in paragraph (2), before a local government agency may require that a fossil fuel-fired appliance be replaced with an electric appliance upon the alteration or retrofit of a residential or nonresidential building, or amending that requirement, the local government agency shall submit an application to, and receive approval from, the commission pursuant to this section.(2) Paragraph (1) does not apply if the requirement, or the amendment to that requirement, includes exemptions for all of the following:(A) Where compliance would be technically infeasible.(B) Where compliance would not be cost effective.(C) Where compliance would disproportionately impact low- and median-income consumers.(D) Where compliance would adversely impact a skilled and trained workforce.(E) Where compliance would increase costs for ratepayers of a local publicly owned electric utility or electrical corporation.(3) A requirement may include exemptions in addition to those specified in paragraph (2).(c) An application submitted pursuant to subdivision (b) shall include all of the following:(1) The text of the requirement.(2) A list of the jurisdictions that share a border with the local government agency and that have adopted or proposed requirements the same as or similar to the requirement.(3) The local government agencys findings and supporting analyses on the energy savings and life-cycle cost effectiveness of the requirement. These findings and supporting analyses shall separately analyze the economic impact of the requirement on low- and median-income consumers.(4) A statement or finding by the local government agency that the requirement will require appliances to be designed to consume no more energy than those permitted in buildings pursuant to regulations otherwise adopted pursuant to Section 25402 or 25402.1.(5) A finding by the local government agency that the requirement is life-cycle cost effective and technically feasible based on those products commercially available in California and will not further diminish the comparable effectiveness of the appliance being replaced.(6) A statement or finding by the local government agency describing any exemptions from the requirement and analyzing if compliance with the requirement, in certain circumstances, could be technically infeasible, not be cost effective, disproportionately impact low- and median-income consumers, adversely impact a skilled and trained workforce, or increase costs for ratepayers of a local publicly owned electric utility or electrical corporation.(7) Any findings, determinations, declarations, or reports, including any negative declarations or environmental impact reports, required pursuant to the California Environmental Quality Act (Division 13 (commencing with Section 21000)).(d) (1) The authority of the commission granted pursuant to this section applies only to the approval or denial of an application by a local government agency to impose a requirement to replace a fossil fuel-fired appliance with an electric appliance upon the alteration or retrofit of a residential or nonresidential building, or amendment to that requirement.(2) In determining whether to approve or deny an application submitted pursuant to subdivision (b), the commission shall do both of the following:(1)(A) Consider and analyze the totality of the requirement, including any exemptions, to determine whether the requirement would be technically feasible, be cost effective, disproportionately impact low- and median-income consumers, adversely impact a skilled and trained workforce, or increase costs for ratepayers of a local publicly owned electric utility or electrical corporation. The commission shall not approve an application for a requirement if the commission determines that the requirement, or any portion of the requirement, is not technically feasible, is not cost effective, disproportionately impacts low- and median-income consumers, adversely impacts a skilled and trained workforce, or increases costs for ratepayers of a local publicly owned electric utility or electrical corporation.(2)(B) Approve the application only upon determining that the local government agencys requirement is consistent with federal and state law.SEC. 2. The Legislature finds and declares that Section 1 of this act adding Section 25233 to the Public Resources Code addresses a matter of statewide concern rather than a municipal affair as that term is used in Section 5 of Article XI of the California Constitution. Therefore, Section 2 of this act applies to all cities, including charter cities.
Amended IN Senate April 04, 2022 CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Senate Bill No. 1393Introduced by Senator Archuleta(Principal coauthor: Assembly Member Rodriguez)February 18, 2022 An act to add Section 25233 to the Public Resources Code, relating to energy.LEGISLATIVE COUNSEL'S DIGESTSB 1393, as amended, Archuleta. Energy: appliances: local requirements.Existing law requires the State Energy Resources Conservation and Development Commission to take specified actions to reduce the wasteful, uneconomic, inefficient, or unnecessary consumption of energy, including the energy associated with the use of water, and to manage energy loads to help maintain electrical grid reliability. Existing law requires the commission, in furtherance of that purpose, to prescribe, by regulation, standards for minimum levels of operating efficiency to promote the use of energy- and water-efficient appliances whose use, as determined by the commission, requires a significant amount of energy or water on a statewide basis.This bill would require a city, including a charter city, or county to submit an application to, and receive approval from, the commission before the city or county could require that a fossil fuel-fired appliance be replaced with an electric appliance upon the alteration or retrofit of a residential or nonresidential building, except when the requirement includes specified exemptions, as specified.The bill would include findings that changes proposed by this bill address a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities, including charter cities.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO
Amended IN Senate April 04, 2022
Amended IN Senate April 04, 2022
CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION
Senate Bill
No. 1393
Introduced by Senator Archuleta(Principal coauthor: Assembly Member Rodriguez)February 18, 2022
Introduced by Senator Archuleta(Principal coauthor: Assembly Member Rodriguez)
February 18, 2022
An act to add Section 25233 to the Public Resources Code, relating to energy.
LEGISLATIVE COUNSEL'S DIGEST
## LEGISLATIVE COUNSEL'S DIGEST
SB 1393, as amended, Archuleta. Energy: appliances: local requirements.
Existing law requires the State Energy Resources Conservation and Development Commission to take specified actions to reduce the wasteful, uneconomic, inefficient, or unnecessary consumption of energy, including the energy associated with the use of water, and to manage energy loads to help maintain electrical grid reliability. Existing law requires the commission, in furtherance of that purpose, to prescribe, by regulation, standards for minimum levels of operating efficiency to promote the use of energy- and water-efficient appliances whose use, as determined by the commission, requires a significant amount of energy or water on a statewide basis.This bill would require a city, including a charter city, or county to submit an application to, and receive approval from, the commission before the city or county could require that a fossil fuel-fired appliance be replaced with an electric appliance upon the alteration or retrofit of a residential or nonresidential building, except when the requirement includes specified exemptions, as specified.The bill would include findings that changes proposed by this bill address a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities, including charter cities.
Existing law requires the State Energy Resources Conservation and Development Commission to take specified actions to reduce the wasteful, uneconomic, inefficient, or unnecessary consumption of energy, including the energy associated with the use of water, and to manage energy loads to help maintain electrical grid reliability. Existing law requires the commission, in furtherance of that purpose, to prescribe, by regulation, standards for minimum levels of operating efficiency to promote the use of energy- and water-efficient appliances whose use, as determined by the commission, requires a significant amount of energy or water on a statewide basis.
This bill would require a city, including a charter city, or county to submit an application to, and receive approval from, the commission before the city or county could require that a fossil fuel-fired appliance be replaced with an electric appliance upon the alteration or retrofit of a residential or nonresidential building, except when the requirement includes specified exemptions, as specified.
The bill would include findings that changes proposed by this bill address a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities, including charter cities.
## Digest Key
## Bill Text
The people of the State of California do enact as follows:SECTION 1. Section 25233 is added to the Public Resources Code, to read:25233. (a) For purposes of this section, the following definitions apply:(1) Local government agency means a city, including a charter city, or county.(2) Low- and median-income consumers means those consumers with annual household incomes of 130 percent or less of the area median income, as published by the Department of Housing and Community Development pursuant to Section 50093 of the Health and Safety Code, for the jurisdiction in which the requirement would apply.(3) Skilled and trained workforce has the same meaning as defined in Section 2601 of the Public Contract Code.(b) (1) Except as provided in paragraph (2), before a local government agency may require that a fossil fuel-fired appliance be replaced with an electric appliance upon the alteration or retrofit of a residential or nonresidential building, or amending that requirement, the local government agency shall submit an application to, and receive approval from, the commission pursuant to this section.(2) Paragraph (1) does not apply if the requirement, or the amendment to that requirement, includes exemptions for all of the following:(A) Where compliance would be technically infeasible.(B) Where compliance would not be cost effective.(C) Where compliance would disproportionately impact low- and median-income consumers.(D) Where compliance would adversely impact a skilled and trained workforce.(E) Where compliance would increase costs for ratepayers of a local publicly owned electric utility or electrical corporation.(3) A requirement may include exemptions in addition to those specified in paragraph (2).(c) An application submitted pursuant to subdivision (b) shall include all of the following:(1) The text of the requirement.(2) A list of the jurisdictions that share a border with the local government agency and that have adopted or proposed requirements the same as or similar to the requirement.(3) The local government agencys findings and supporting analyses on the energy savings and life-cycle cost effectiveness of the requirement. These findings and supporting analyses shall separately analyze the economic impact of the requirement on low- and median-income consumers.(4) A statement or finding by the local government agency that the requirement will require appliances to be designed to consume no more energy than those permitted in buildings pursuant to regulations otherwise adopted pursuant to Section 25402 or 25402.1.(5) A finding by the local government agency that the requirement is life-cycle cost effective and technically feasible based on those products commercially available in California and will not further diminish the comparable effectiveness of the appliance being replaced.(6) A statement or finding by the local government agency describing any exemptions from the requirement and analyzing if compliance with the requirement, in certain circumstances, could be technically infeasible, not be cost effective, disproportionately impact low- and median-income consumers, adversely impact a skilled and trained workforce, or increase costs for ratepayers of a local publicly owned electric utility or electrical corporation.(7) Any findings, determinations, declarations, or reports, including any negative declarations or environmental impact reports, required pursuant to the California Environmental Quality Act (Division 13 (commencing with Section 21000)).(d) (1) The authority of the commission granted pursuant to this section applies only to the approval or denial of an application by a local government agency to impose a requirement to replace a fossil fuel-fired appliance with an electric appliance upon the alteration or retrofit of a residential or nonresidential building, or amendment to that requirement.(2) In determining whether to approve or deny an application submitted pursuant to subdivision (b), the commission shall do both of the following:(1)(A) Consider and analyze the totality of the requirement, including any exemptions, to determine whether the requirement would be technically feasible, be cost effective, disproportionately impact low- and median-income consumers, adversely impact a skilled and trained workforce, or increase costs for ratepayers of a local publicly owned electric utility or electrical corporation. The commission shall not approve an application for a requirement if the commission determines that the requirement, or any portion of the requirement, is not technically feasible, is not cost effective, disproportionately impacts low- and median-income consumers, adversely impacts a skilled and trained workforce, or increases costs for ratepayers of a local publicly owned electric utility or electrical corporation.(2)(B) Approve the application only upon determining that the local government agencys requirement is consistent with federal and state law.SEC. 2. The Legislature finds and declares that Section 1 of this act adding Section 25233 to the Public Resources Code addresses a matter of statewide concern rather than a municipal affair as that term is used in Section 5 of Article XI of the California Constitution. Therefore, Section 2 of this act applies to all cities, including charter cities.
The people of the State of California do enact as follows:
## The people of the State of California do enact as follows:
SECTION 1. Section 25233 is added to the Public Resources Code, to read:25233. (a) For purposes of this section, the following definitions apply:(1) Local government agency means a city, including a charter city, or county.(2) Low- and median-income consumers means those consumers with annual household incomes of 130 percent or less of the area median income, as published by the Department of Housing and Community Development pursuant to Section 50093 of the Health and Safety Code, for the jurisdiction in which the requirement would apply.(3) Skilled and trained workforce has the same meaning as defined in Section 2601 of the Public Contract Code.(b) (1) Except as provided in paragraph (2), before a local government agency may require that a fossil fuel-fired appliance be replaced with an electric appliance upon the alteration or retrofit of a residential or nonresidential building, or amending that requirement, the local government agency shall submit an application to, and receive approval from, the commission pursuant to this section.(2) Paragraph (1) does not apply if the requirement, or the amendment to that requirement, includes exemptions for all of the following:(A) Where compliance would be technically infeasible.(B) Where compliance would not be cost effective.(C) Where compliance would disproportionately impact low- and median-income consumers.(D) Where compliance would adversely impact a skilled and trained workforce.(E) Where compliance would increase costs for ratepayers of a local publicly owned electric utility or electrical corporation.(3) A requirement may include exemptions in addition to those specified in paragraph (2).(c) An application submitted pursuant to subdivision (b) shall include all of the following:(1) The text of the requirement.(2) A list of the jurisdictions that share a border with the local government agency and that have adopted or proposed requirements the same as or similar to the requirement.(3) The local government agencys findings and supporting analyses on the energy savings and life-cycle cost effectiveness of the requirement. These findings and supporting analyses shall separately analyze the economic impact of the requirement on low- and median-income consumers.(4) A statement or finding by the local government agency that the requirement will require appliances to be designed to consume no more energy than those permitted in buildings pursuant to regulations otherwise adopted pursuant to Section 25402 or 25402.1.(5) A finding by the local government agency that the requirement is life-cycle cost effective and technically feasible based on those products commercially available in California and will not further diminish the comparable effectiveness of the appliance being replaced.(6) A statement or finding by the local government agency describing any exemptions from the requirement and analyzing if compliance with the requirement, in certain circumstances, could be technically infeasible, not be cost effective, disproportionately impact low- and median-income consumers, adversely impact a skilled and trained workforce, or increase costs for ratepayers of a local publicly owned electric utility or electrical corporation.(7) Any findings, determinations, declarations, or reports, including any negative declarations or environmental impact reports, required pursuant to the California Environmental Quality Act (Division 13 (commencing with Section 21000)).(d) (1) The authority of the commission granted pursuant to this section applies only to the approval or denial of an application by a local government agency to impose a requirement to replace a fossil fuel-fired appliance with an electric appliance upon the alteration or retrofit of a residential or nonresidential building, or amendment to that requirement.(2) In determining whether to approve or deny an application submitted pursuant to subdivision (b), the commission shall do both of the following:(1)(A) Consider and analyze the totality of the requirement, including any exemptions, to determine whether the requirement would be technically feasible, be cost effective, disproportionately impact low- and median-income consumers, adversely impact a skilled and trained workforce, or increase costs for ratepayers of a local publicly owned electric utility or electrical corporation. The commission shall not approve an application for a requirement if the commission determines that the requirement, or any portion of the requirement, is not technically feasible, is not cost effective, disproportionately impacts low- and median-income consumers, adversely impacts a skilled and trained workforce, or increases costs for ratepayers of a local publicly owned electric utility or electrical corporation.(2)(B) Approve the application only upon determining that the local government agencys requirement is consistent with federal and state law.
SECTION 1. Section 25233 is added to the Public Resources Code, to read:
### SECTION 1.
25233. (a) For purposes of this section, the following definitions apply:(1) Local government agency means a city, including a charter city, or county.(2) Low- and median-income consumers means those consumers with annual household incomes of 130 percent or less of the area median income, as published by the Department of Housing and Community Development pursuant to Section 50093 of the Health and Safety Code, for the jurisdiction in which the requirement would apply.(3) Skilled and trained workforce has the same meaning as defined in Section 2601 of the Public Contract Code.(b) (1) Except as provided in paragraph (2), before a local government agency may require that a fossil fuel-fired appliance be replaced with an electric appliance upon the alteration or retrofit of a residential or nonresidential building, or amending that requirement, the local government agency shall submit an application to, and receive approval from, the commission pursuant to this section.(2) Paragraph (1) does not apply if the requirement, or the amendment to that requirement, includes exemptions for all of the following:(A) Where compliance would be technically infeasible.(B) Where compliance would not be cost effective.(C) Where compliance would disproportionately impact low- and median-income consumers.(D) Where compliance would adversely impact a skilled and trained workforce.(E) Where compliance would increase costs for ratepayers of a local publicly owned electric utility or electrical corporation.(3) A requirement may include exemptions in addition to those specified in paragraph (2).(c) An application submitted pursuant to subdivision (b) shall include all of the following:(1) The text of the requirement.(2) A list of the jurisdictions that share a border with the local government agency and that have adopted or proposed requirements the same as or similar to the requirement.(3) The local government agencys findings and supporting analyses on the energy savings and life-cycle cost effectiveness of the requirement. These findings and supporting analyses shall separately analyze the economic impact of the requirement on low- and median-income consumers.(4) A statement or finding by the local government agency that the requirement will require appliances to be designed to consume no more energy than those permitted in buildings pursuant to regulations otherwise adopted pursuant to Section 25402 or 25402.1.(5) A finding by the local government agency that the requirement is life-cycle cost effective and technically feasible based on those products commercially available in California and will not further diminish the comparable effectiveness of the appliance being replaced.(6) A statement or finding by the local government agency describing any exemptions from the requirement and analyzing if compliance with the requirement, in certain circumstances, could be technically infeasible, not be cost effective, disproportionately impact low- and median-income consumers, adversely impact a skilled and trained workforce, or increase costs for ratepayers of a local publicly owned electric utility or electrical corporation.(7) Any findings, determinations, declarations, or reports, including any negative declarations or environmental impact reports, required pursuant to the California Environmental Quality Act (Division 13 (commencing with Section 21000)).(d) (1) The authority of the commission granted pursuant to this section applies only to the approval or denial of an application by a local government agency to impose a requirement to replace a fossil fuel-fired appliance with an electric appliance upon the alteration or retrofit of a residential or nonresidential building, or amendment to that requirement.(2) In determining whether to approve or deny an application submitted pursuant to subdivision (b), the commission shall do both of the following:(1)(A) Consider and analyze the totality of the requirement, including any exemptions, to determine whether the requirement would be technically feasible, be cost effective, disproportionately impact low- and median-income consumers, adversely impact a skilled and trained workforce, or increase costs for ratepayers of a local publicly owned electric utility or electrical corporation. The commission shall not approve an application for a requirement if the commission determines that the requirement, or any portion of the requirement, is not technically feasible, is not cost effective, disproportionately impacts low- and median-income consumers, adversely impacts a skilled and trained workforce, or increases costs for ratepayers of a local publicly owned electric utility or electrical corporation.(2)(B) Approve the application only upon determining that the local government agencys requirement is consistent with federal and state law.
25233. (a) For purposes of this section, the following definitions apply:(1) Local government agency means a city, including a charter city, or county.(2) Low- and median-income consumers means those consumers with annual household incomes of 130 percent or less of the area median income, as published by the Department of Housing and Community Development pursuant to Section 50093 of the Health and Safety Code, for the jurisdiction in which the requirement would apply.(3) Skilled and trained workforce has the same meaning as defined in Section 2601 of the Public Contract Code.(b) (1) Except as provided in paragraph (2), before a local government agency may require that a fossil fuel-fired appliance be replaced with an electric appliance upon the alteration or retrofit of a residential or nonresidential building, or amending that requirement, the local government agency shall submit an application to, and receive approval from, the commission pursuant to this section.(2) Paragraph (1) does not apply if the requirement, or the amendment to that requirement, includes exemptions for all of the following:(A) Where compliance would be technically infeasible.(B) Where compliance would not be cost effective.(C) Where compliance would disproportionately impact low- and median-income consumers.(D) Where compliance would adversely impact a skilled and trained workforce.(E) Where compliance would increase costs for ratepayers of a local publicly owned electric utility or electrical corporation.(3) A requirement may include exemptions in addition to those specified in paragraph (2).(c) An application submitted pursuant to subdivision (b) shall include all of the following:(1) The text of the requirement.(2) A list of the jurisdictions that share a border with the local government agency and that have adopted or proposed requirements the same as or similar to the requirement.(3) The local government agencys findings and supporting analyses on the energy savings and life-cycle cost effectiveness of the requirement. These findings and supporting analyses shall separately analyze the economic impact of the requirement on low- and median-income consumers.(4) A statement or finding by the local government agency that the requirement will require appliances to be designed to consume no more energy than those permitted in buildings pursuant to regulations otherwise adopted pursuant to Section 25402 or 25402.1.(5) A finding by the local government agency that the requirement is life-cycle cost effective and technically feasible based on those products commercially available in California and will not further diminish the comparable effectiveness of the appliance being replaced.(6) A statement or finding by the local government agency describing any exemptions from the requirement and analyzing if compliance with the requirement, in certain circumstances, could be technically infeasible, not be cost effective, disproportionately impact low- and median-income consumers, adversely impact a skilled and trained workforce, or increase costs for ratepayers of a local publicly owned electric utility or electrical corporation.(7) Any findings, determinations, declarations, or reports, including any negative declarations or environmental impact reports, required pursuant to the California Environmental Quality Act (Division 13 (commencing with Section 21000)).(d) (1) The authority of the commission granted pursuant to this section applies only to the approval or denial of an application by a local government agency to impose a requirement to replace a fossil fuel-fired appliance with an electric appliance upon the alteration or retrofit of a residential or nonresidential building, or amendment to that requirement.(2) In determining whether to approve or deny an application submitted pursuant to subdivision (b), the commission shall do both of the following:(1)(A) Consider and analyze the totality of the requirement, including any exemptions, to determine whether the requirement would be technically feasible, be cost effective, disproportionately impact low- and median-income consumers, adversely impact a skilled and trained workforce, or increase costs for ratepayers of a local publicly owned electric utility or electrical corporation. The commission shall not approve an application for a requirement if the commission determines that the requirement, or any portion of the requirement, is not technically feasible, is not cost effective, disproportionately impacts low- and median-income consumers, adversely impacts a skilled and trained workforce, or increases costs for ratepayers of a local publicly owned electric utility or electrical corporation.(2)(B) Approve the application only upon determining that the local government agencys requirement is consistent with federal and state law.
25233. (a) For purposes of this section, the following definitions apply:(1) Local government agency means a city, including a charter city, or county.(2) Low- and median-income consumers means those consumers with annual household incomes of 130 percent or less of the area median income, as published by the Department of Housing and Community Development pursuant to Section 50093 of the Health and Safety Code, for the jurisdiction in which the requirement would apply.(3) Skilled and trained workforce has the same meaning as defined in Section 2601 of the Public Contract Code.(b) (1) Except as provided in paragraph (2), before a local government agency may require that a fossil fuel-fired appliance be replaced with an electric appliance upon the alteration or retrofit of a residential or nonresidential building, or amending that requirement, the local government agency shall submit an application to, and receive approval from, the commission pursuant to this section.(2) Paragraph (1) does not apply if the requirement, or the amendment to that requirement, includes exemptions for all of the following:(A) Where compliance would be technically infeasible.(B) Where compliance would not be cost effective.(C) Where compliance would disproportionately impact low- and median-income consumers.(D) Where compliance would adversely impact a skilled and trained workforce.(E) Where compliance would increase costs for ratepayers of a local publicly owned electric utility or electrical corporation.(3) A requirement may include exemptions in addition to those specified in paragraph (2).(c) An application submitted pursuant to subdivision (b) shall include all of the following:(1) The text of the requirement.(2) A list of the jurisdictions that share a border with the local government agency and that have adopted or proposed requirements the same as or similar to the requirement.(3) The local government agencys findings and supporting analyses on the energy savings and life-cycle cost effectiveness of the requirement. These findings and supporting analyses shall separately analyze the economic impact of the requirement on low- and median-income consumers.(4) A statement or finding by the local government agency that the requirement will require appliances to be designed to consume no more energy than those permitted in buildings pursuant to regulations otherwise adopted pursuant to Section 25402 or 25402.1.(5) A finding by the local government agency that the requirement is life-cycle cost effective and technically feasible based on those products commercially available in California and will not further diminish the comparable effectiveness of the appliance being replaced.(6) A statement or finding by the local government agency describing any exemptions from the requirement and analyzing if compliance with the requirement, in certain circumstances, could be technically infeasible, not be cost effective, disproportionately impact low- and median-income consumers, adversely impact a skilled and trained workforce, or increase costs for ratepayers of a local publicly owned electric utility or electrical corporation.(7) Any findings, determinations, declarations, or reports, including any negative declarations or environmental impact reports, required pursuant to the California Environmental Quality Act (Division 13 (commencing with Section 21000)).(d) (1) The authority of the commission granted pursuant to this section applies only to the approval or denial of an application by a local government agency to impose a requirement to replace a fossil fuel-fired appliance with an electric appliance upon the alteration or retrofit of a residential or nonresidential building, or amendment to that requirement.(2) In determining whether to approve or deny an application submitted pursuant to subdivision (b), the commission shall do both of the following:(1)(A) Consider and analyze the totality of the requirement, including any exemptions, to determine whether the requirement would be technically feasible, be cost effective, disproportionately impact low- and median-income consumers, adversely impact a skilled and trained workforce, or increase costs for ratepayers of a local publicly owned electric utility or electrical corporation. The commission shall not approve an application for a requirement if the commission determines that the requirement, or any portion of the requirement, is not technically feasible, is not cost effective, disproportionately impacts low- and median-income consumers, adversely impacts a skilled and trained workforce, or increases costs for ratepayers of a local publicly owned electric utility or electrical corporation.(2)(B) Approve the application only upon determining that the local government agencys requirement is consistent with federal and state law.
25233. (a) For purposes of this section, the following definitions apply:
(1) Local government agency means a city, including a charter city, or county.
(2) Low- and median-income consumers means those consumers with annual household incomes of 130 percent or less of the area median income, as published by the Department of Housing and Community Development pursuant to Section 50093 of the Health and Safety Code, for the jurisdiction in which the requirement would apply.
(3) Skilled and trained workforce has the same meaning as defined in Section 2601 of the Public Contract Code.
(b) (1) Except as provided in paragraph (2), before a local government agency may require that a fossil fuel-fired appliance be replaced with an electric appliance upon the alteration or retrofit of a residential or nonresidential building, or amending that requirement, the local government agency shall submit an application to, and receive approval from, the commission pursuant to this section.
(2) Paragraph (1) does not apply if the requirement, or the amendment to that requirement, includes exemptions for all of the following:
(A) Where compliance would be technically infeasible.
(B) Where compliance would not be cost effective.
(C) Where compliance would disproportionately impact low- and median-income consumers.
(D) Where compliance would adversely impact a skilled and trained workforce.
(E) Where compliance would increase costs for ratepayers of a local publicly owned electric utility or electrical corporation.
(3) A requirement may include exemptions in addition to those specified in paragraph (2).
(c) An application submitted pursuant to subdivision (b) shall include all of the following:
(1) The text of the requirement.
(2) A list of the jurisdictions that share a border with the local government agency and that have adopted or proposed requirements the same as or similar to the requirement.
(3) The local government agencys findings and supporting analyses on the energy savings and life-cycle cost effectiveness of the requirement. These findings and supporting analyses shall separately analyze the economic impact of the requirement on low- and median-income consumers.
(4) A statement or finding by the local government agency that the requirement will require appliances to be designed to consume no more energy than those permitted in buildings pursuant to regulations otherwise adopted pursuant to Section 25402 or 25402.1.
(5) A finding by the local government agency that the requirement is life-cycle cost effective and technically feasible based on those products commercially available in California and will not further diminish the comparable effectiveness of the appliance being replaced.
(6) A statement or finding by the local government agency describing any exemptions from the requirement and analyzing if compliance with the requirement, in certain circumstances, could be technically infeasible, not be cost effective, disproportionately impact low- and median-income consumers, adversely impact a skilled and trained workforce, or increase costs for ratepayers of a local publicly owned electric utility or electrical corporation.
(7) Any findings, determinations, declarations, or reports, including any negative declarations or environmental impact reports, required pursuant to the California Environmental Quality Act (Division 13 (commencing with Section 21000)).
(d) (1) The authority of the commission granted pursuant to this section applies only to the approval or denial of an application by a local government agency to impose a requirement to replace a fossil fuel-fired appliance with an electric appliance upon the alteration or retrofit of a residential or nonresidential building, or amendment to that requirement.
(2) In determining whether to approve or deny an application submitted pursuant to subdivision (b), the commission shall do both of the following:
(1)
(A) Consider and analyze the totality of the requirement, including any exemptions, to determine whether the requirement would be technically feasible, be cost effective, disproportionately impact low- and median-income consumers, adversely impact a skilled and trained workforce, or increase costs for ratepayers of a local publicly owned electric utility or electrical corporation. The commission shall not approve an application for a requirement if the commission determines that the requirement, or any portion of the requirement, is not technically feasible, is not cost effective, disproportionately impacts low- and median-income consumers, adversely impacts a skilled and trained workforce, or increases costs for ratepayers of a local publicly owned electric utility or electrical corporation.
(2)
(B) Approve the application only upon determining that the local government agencys requirement is consistent with federal and state law.
SEC. 2. The Legislature finds and declares that Section 1 of this act adding Section 25233 to the Public Resources Code addresses a matter of statewide concern rather than a municipal affair as that term is used in Section 5 of Article XI of the California Constitution. Therefore, Section 2 of this act applies to all cities, including charter cities.
SEC. 2. The Legislature finds and declares that Section 1 of this act adding Section 25233 to the Public Resources Code addresses a matter of statewide concern rather than a municipal affair as that term is used in Section 5 of Article XI of the California Constitution. Therefore, Section 2 of this act applies to all cities, including charter cities.
SEC. 2. The Legislature finds and declares that Section 1 of this act adding Section 25233 to the Public Resources Code addresses a matter of statewide concern rather than a municipal affair as that term is used in Section 5 of Article XI of the California Constitution. Therefore, Section 2 of this act applies to all cities, including charter cities.
### SEC. 2.