CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION Senate Bill No. 282Introduced by Senator WienerFebruary 05, 2025 An act to add Section 4737 to the Civil Code, and to add Chapter 7.5 (commencing with Section 51297.50) to Part 1 of Division 1 of Title 5 of the Government Code, relating to housing. LEGISLATIVE COUNSEL'S DIGESTSB 282, as introduced, Wiener. Residential heat pump systems: water heaters and HVAC: installations.(1) Existing law establishes the State Energy Resources Conservation and Development Commission and prescribes the authorities, duties, and responsibilities of the commission pertaining to energy matters. Existing law requires the commission, on or before January 1, 2019, in consultation with the Contractors State License Board, local building officials, and other stakeholders, to approve a plan that promotes compliance with specified regulations relating to building energy efficiency standards in the installation of central air conditioning and heat pumps, as specified. Existing law authorizes the commission to adopt regulations to increase compliance with permitting and inspection requirements for central air conditioning and heat pumps, and associated sales and installations, consistent with the above-described plan.This bill would require the commission, on or before January 1, 2027, to establish a statewide certification program for licensed contractors of residential heat pump water heaters and heat pump heating, ventilation, and air conditioning (HVAC) systems to obtain a heat pump installation certification, and would require the commission to create a state training program, as described, on residential heat pump water heaters and heat pump HVAC systems for purposes of the certification program, as specified.The bill would authorize a licensed contract to obtain a heat pump installation certification through the above-described program by completing specified tasks, including completion of the state training program described above. The bill would authorize a licensed contractor with a heat pump system installation certification described above to self-certify that the installation of a residential heat pump water heater or heat pump HVAC system meets all relevant code requirements without any requirement that an inspector be present for the installation, and would require a city, including a charter city, county, or city and county to accept the certification for those purposes, as specified. The bill would require a local entity described above to adopt and offer one or more alternative inspection options that do not require a licensed contractor and an inspector to be simultaneously present during the installation of a heat pump water heater or heat pump HVAC system, to be available to licensed contractors who do not have a certification described above. The bill, notwithstanding any local law to the contrary, would also authorize a licensed contractor who successfully completes a specified number of heat pump water heater or heat pump HVAC system in-person inspections of installations that did not require any cures to use an above-described alternative inspection option, and would require the local jurisdiction to accept the alternative inspection option for those purposes, as specified. The bill would require the local entity, if the local entity has an internet website, to publish all requirements for contractors to obtain the above-described certification, or to complete inspections without a certification pursuant to the above-described alternative inspection option.The bill would authorize a city, including a charter city, county, or city and county, except as specified, to issue up to one nondiscretionary permit per installation of a residential heat pump water heater or heat pump HVAC system in which the local entity administratively approves an application to install the residential heat pump water heater or heat pump HVAC system and the application is subject to a limited review.The bill would prohibit a local entity described above from applying additional standards on the installation of residential heat pump water heater or residential heat pump HVAC systems as specified, and would require those standards to be null and void, except as specified. The bill would, notwithstanding those provisions, authorize additional standards to be applied that conform to local laws designed to require the adoption of zero-emission equipment, or improvement of building efficiency. The bill would prohibit a local entity from requiring a permit or inspection for any low voltage plug-in appliance, as defined.The bill would require a city, including a charter city, county, or city and county, on or before July 1, 2027, and except as specified, to implement an online automated permitting platform that verifies code compliance and issues permits in real time, or allows the local entity to issue permits in real time, to a licensed contractor for the installation of a residential heat pump water heater or residential heat pump HVAC system. The bill would require a permit to be issued, upon discretion of the administering jurisdiction, if the installation complies with specified checklist requirements. The bill would require a local entity described above to report to the commission when it implements the above-described automated permitting platform. The bill would require an above-described local entity, in developing the above-described automated permitting process, to create the checklist described above of all requirements for a residential heat pump water heater or residential HVAC system to be eligible for the above-described expedited review, and, if the local entity has an internet website, publish and make publicly available, among other things, that checklist on their internet website. The bill would, upon confirmation by the local entity that the application and supporting documents are complete and meets specified requirements, deem the application complete and require the local entity to approve the application and issue all required permits or authorizations. The bill would, upon receipt of an incomplete application, require the local entity to issue a written correction notice, as specified.The bill would, except as specified, prohibit a city, including a charter city, county, or city and county from charging a residential permit fee for heat pump water heaters and heat pump HVAC systems that exceeds the estimated reasonable cost of providing the service for which the fee is charged, subject to specified requirements, including that the residential permit fee for a heat pump water heater system does not exceed $50. The bill would, notwithstanding that provision, authorize a local entity described above to charge a residential permit fee for the installation of a heat pump water heater or heat pump HVAC system that exceeds the above-described fee limit, as specified, if the local entity, as part of a written finding and an adopted resolution or ordinance, provides substantial evidence of the reasonable cost to issue the permit, and would prohibit the local entity from applying additional charges above the advertised fee schedule.The bill would include findings and declarations related to these provisions.(2) Existing law, the Davis-Stirling Common Interest Development Act, defines and regulates common interest developments. Among other things, the act makes a provision of the governing documents, as defined, or architectural or landscaping guidelines or policies void and unenforceable if, among other things, the provision prohibits, or includes conditions that have the effect of prohibiting, the use of low water-using plants as a group or as a replacement of existing turf.This bill would additionally make any provision of the governing documents, architectural guidelines, or policies void and unenforceable if the provision prevents the replacement of a fuel-gas-burning appliance with an electric appliance. The bill would also make any covenant, restriction, or condition contained in any, among other specified agreements, deed, and any provision of a governing document, that effectively prohibits or restricts the installation or use of a residential heat pump water heater or heat pump HVAC system, void and unenforceable.(3) 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.(4) 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, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 4737 is added to the Civil Code, to read:4737. (a) Notwithstanding any other law, any provision of the governing documents, architectural guidelines, or policies shall be void and unenforceable if the provision prevents the replacement of a fuel-gas-burning appliance with an electric appliance.(b) Any covenant, restriction, or condition contained in any deed, contract, security instrument, or other instrument affecting the transfer or sale of, or any interest in, real property, and any provision of a governing document, that effectively prohibits or restricts the installation or use of a residential heat pump water heater or heat pump heating, ventilation, and air conditioning (HVAC) system is void and unenforceable.SEC. 2. Chapter 7.5 (commencing with Section 51297.50) is added to Part 1 of Division 1 of Title 5 of the Government Code, to read: CHAPTER 7.5. Residential Heat Pump System installation Certification51297.50. The Legislature finds and declares all of the following:(a) The oversight of permitting for residential heat pump water heater and heat pump heating, ventilation, and air condition (HVAC) systems is a matter of statewide concern and not a municipal affair. Nothing in this chapter is intended to imply the approval of any other local fees for heat pump permitting not specified in this chapter.(b) It is the intent of the Legislature that local agencies do not adopt ordinances that create unreasonable barriers to the installation of heat pumps and not unreasonably restrict the ability of home and residential property owners to install heat pumps.(c) It is the policy of the state to promote and encourage the use of zero-emission water heating and space heating and cooling systems, and to limit obstacles to their use.(d) It is the intent of the Legislature that local agencies comply not only with provisions declared in this section, but also the legislative intent to encourage the installation of residential heat pump systems by removing obstacles to, and minimizing costs of, permitting, so long as the action does not supersede the building officials authority to identify and address higher priority life-safety situations.(e) Each state entity should streamline codes and standards compliance processes with the intent of increasing permitted work without undermining the integrity of the code measures, especially when it comes to appliance retrofits.51297.51. For purposes of this chapter, the following definitions apply:(a) Commission means the State Energy Resources Conservation and Development Commission, which is also known as the Energy Commission.(b) Heat pump system installation certification means a state certification issued pursuant to this chapter for residential heat pump water heater and heat pump HVAC system installations.(c) HVAC means heating, ventilation, and air conditioning.(d) Low voltage plug-in appliance means an appliance with a voltage rating of 120 volts or less.51297.52. (a) (1) On or before January 1, 2027, the commission shall establish a statewide certification program for licensed contractors of residential heat pump water heater and heat pump HVAC systems to obtain a heat pump system installation certification.(2) The commission shall create a state training program on residential heat pump water heater and heat pump HVAC systems for purposes of the statewide certification program. Any training program created pursuant to this paragraph shall not exceed seven hours in length.(b) A licensed contractor may obtain a heat pump system installation certification through the statewide certification program by completing any of the following:(1) Obtaining certifications for residential heat pump water heater or heat pump HVAC systems, as applicable, through the Technology and Equipment for Clean Heating (TECH) Initiative, developed pursuant to Section 922 of the Public Utilities Code.(2) Successful completion of a number, to be determined by the local jurisdiction, but not to exceed 5 per system type, of heat pump water heaters and for heat pump HVAC systems, as applicable, without requiring any cures.(3) Completion of a state training program created by the commission pursuant to paragraph (2) of subdivision (a).51297.53. (a) (1) Notwithstanding any local law to the contrary, a licensed contractor with a heat pump system installation certification issued pursuant to this chapter, may self-certify that the installation of a residential heat pump water heater or heat pump HVAC system meets all relevant code requirements without any requirement that an inspector be present for the installation. A city, including a charter city, county, or city and county shall accept a heat pump system installation certification for these purposes.(2) Subject to the local jurisdictions discretion, a licensed contractor with a heat pump system installation certification shall remain subject to spot check inspections at a rate not to exceed one inspection per every 10 installations.(b) (1) A city, including a charter city, county, or city and county shall adopt and offer one or more alternative inspection options that do not require a licensed contractor and an inspector to be simultaneously present during the installation of a heat pump water heater or heat pump HVAC system, which shall be available to licensed contractors who do not have a heat pump system installation certification described in subdivision (a).(2) Notwithstanding any local law to the contrary, a city, including a charter city, county, or city and county, a licensed contractor who successfully completes a number, to be determined by the local jurisdiction but not to exceed five per system type, of residential heat pump water heater or heat pump HVAC system in-person inspections of installations, as applicable, that did not require any cures may use an alternative inspection option offered pursuant to paragraph (1). A city, including a charter city, county, or city and county shall accept an alternative inspection option for these purposes.(c) If the city, county, or city and county has an internet website, the local entity shall publish all requirements for contractors to obtain a heat pump system installation certification as described in subdivision (a), or to complete inspections without a certification as described in subdivision (b), on a publicly accessible internet website.51297.54. (a) Except as otherwise provided in subdivision (b), a city, including a charter city, county, or city and county may issue up to one nondiscretionary permit per installation of a residential heat pump water heater or heat pump HVAC system in which the city, county, or city and county administratively approves an application to install the residential heat pump water heater or heat pump HVAC system and the application is subject to a limited review.(b) Notwithstanding subdivision (a), a city, including a charter city, county, or city and county may issue more than one nondiscretionary permit requested by a licensed contractor for the installation of a residential heat pump water heater or heat pump HVAC system in the following circumstances:(1) The first inspection requires a cure.(2) The city, county, or city and county makes written findings based upon substantial evidence that the proposed installation would have a specific, adverse impact on public health or safety, and there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact.(c) An applicant may appeal a denial of an additional nondiscretionary permit described in subdivision (b) to the local planning commission of the city, county, or city and county.51297.55. (a) A city, including a charter city, county, or city and county, shall not apply additional standards on the installation of residential heat pump water heater or residential heat pump HVAC systems beyond statutory provisions or regulations relating to the installation of those heat pump systems in a residence, including the California Building Standards Code (Title 24 of the California Code of Regulations).(b) Any additional standards that exceed statutory provisions or regulations relating to the installation of a residential heat pump water heater or heat pump HVAC system in a residence shall be considered null and void unless the city, county, or city and county provides substantial evidence that the standard is designed to mitigate the specific, adverse impact upon the public health or safety at the lowest cost possible.(c) Notwithstanding subdivisions (a) and (b), additional standards may be applied that conform to local laws designed to require the adoption of zero-emission equipment or improvement of building efficiency.(d) A city, including a charter city, county, or city and county, shall not require a permit or inspection for any low voltage plug-in appliance.51297.56. (a) (1) On or before July 1, 2027, a city, including a charter city, county, or city and county, other than a city, county, or city and county described in paragraph (2), shall implement an online, automated permitting platform that verifies code compliance and issues permits in real time, or allows the city, county, or city and county to issue permits in real time, to a licensed contractor for the installation of a residential heat pump water heater or residential heat pump HVAC system. A permit authorized by this section shall be issued, upon discretion of the administering jurisdiction, if the installation of a residential heat pump water heater or residential heat pump HVAC system complies with the checklist requirements created pursuant to subdivision (b).(2) Paragraph (1) shall not apply to a city, including a charter city, with a population of fewer than 5,000 or a county with a population of fewer than 150,000, including each city or charter city within that county.(3) A city, including a charter city, county, or city and county shall report to the commission when it implements the online, automated permitting platform described in paragraph (1).(b) (1) In developing the automated permitting process described in subdivision (a), the city, county, or city and county shall create a checklist of all requirements for installations of residential heat pump water heater and HVAC systems to be eligible for expedited review pursuant to this section.(2) The city, county, or city and county, if the city, county, or city and county has an internet website, shall publish and make publicly available a list of the requirements described in paragraph (1) of subdivision (a), the checklist described in paragraph (1) of this subdivision, any required permitting documentation, and a list of all relevant fees and fee amounts that may be imposed by the city, county, or city and county on a heat pump HVAC or water heater installation, including, but not limited to, permit fees and inspection fees, on a publicly accessible internet website.(3) The city, county, or city and county shall allow an applicant to submit an automated permit application and associated documentation electronically, and shall authorize the applicant to submit an electronic signature on all forms, applications, and other documentation instead of a wet signature by an applicant.(c) (1) Upon confirmation by the city, including a charter city, county, or city and county of the application and supporting documents being complete and meeting the requirements described in subdivision (a), the application shall be deemed complete and the local entity shall approve the application and issue all required permits or authorizations.(2) Upon receipt of an incomplete application, a city, including a charter city, county, or city and county shall issue a written correction notice detailing all deficiencies in the application and any additional information required to be eligible for expedited permit issuance.51297.57. (a) (1) A city, including a charter city, county, or city and county, except as specified in subdivision (b), shall not charge a residential permit fee for heat pump water heater and heat pump HVAC systems that exceeds the estimated reasonable cost of providing the service for which the fee is charged, subject to the following limitations:(A) The residential permit fee for a heat pump water heater system shall not exceed fifty dollars ($50).(B) The residential permit fee for a heat pump HVAC system shall not exceed one hundred fifty dollars ($150).(2) The residential permit fee shall be waived for the installation of a heat pump water heater or heat pump HVAC system where a qualified contractor self-certifies code compliance, unless the building official of the local jurisdiction determines that additional cures are required.(3) Paragraph (1) shall not apply to a city, including a charter city, with a population of fewer than 5,000 and a county with a population of fewer than 150,000, including each city or charter city within that county.(b) (1) Notwithstanding subdivision (a), a city, including a charter city, county, or city and county may charge a residential permit fee for the installation of a heat pump water heater or a heat pump HVAC system that exceeds the fee limits specified in subdivision (a) if the city, including a charter city, county, or city and county, as part of a written finding and an adopted resolution or ordinance, provides substantial evidence of the reasonable cost to issue the permit.(2) A residential permit fee described in paragraph (1) shall be subject to all of the following requirements:(A) The fee shall correspond to the typical reasonable cost demonstrated by the city, county, or city and county for the equipment type.(B) The fee shall be set at a regular fixed amount per appliance type.(C) The fee shall be listed publicly.(3) A city, county, or city and county shall not apply additional charges above the publicly listed fee.SEC. 3. The Legislature finds and declares that the oversight of permitting for residential heat pump water heater and heat pump heating, ventilation, and air conditioning (HVAC) systems is a matter of statewide concern and is not a municipal affair as that term is used in Section 5 of Article XI of the California Constitution. Therefore, Section 2 of this act, adding Chapter 7.5 (commencing with Section 51297.50) to Part 1 of Division 1 of Title 5 of the Government Code, applies to all cities, including charter cities.SEC. 4. If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION Senate Bill No. 282Introduced by Senator WienerFebruary 05, 2025 An act to add Section 4737 to the Civil Code, and to add Chapter 7.5 (commencing with Section 51297.50) to Part 1 of Division 1 of Title 5 of the Government Code, relating to housing. LEGISLATIVE COUNSEL'S DIGESTSB 282, as introduced, Wiener. Residential heat pump systems: water heaters and HVAC: installations.(1) Existing law establishes the State Energy Resources Conservation and Development Commission and prescribes the authorities, duties, and responsibilities of the commission pertaining to energy matters. Existing law requires the commission, on or before January 1, 2019, in consultation with the Contractors State License Board, local building officials, and other stakeholders, to approve a plan that promotes compliance with specified regulations relating to building energy efficiency standards in the installation of central air conditioning and heat pumps, as specified. Existing law authorizes the commission to adopt regulations to increase compliance with permitting and inspection requirements for central air conditioning and heat pumps, and associated sales and installations, consistent with the above-described plan.This bill would require the commission, on or before January 1, 2027, to establish a statewide certification program for licensed contractors of residential heat pump water heaters and heat pump heating, ventilation, and air conditioning (HVAC) systems to obtain a heat pump installation certification, and would require the commission to create a state training program, as described, on residential heat pump water heaters and heat pump HVAC systems for purposes of the certification program, as specified.The bill would authorize a licensed contract to obtain a heat pump installation certification through the above-described program by completing specified tasks, including completion of the state training program described above. The bill would authorize a licensed contractor with a heat pump system installation certification described above to self-certify that the installation of a residential heat pump water heater or heat pump HVAC system meets all relevant code requirements without any requirement that an inspector be present for the installation, and would require a city, including a charter city, county, or city and county to accept the certification for those purposes, as specified. The bill would require a local entity described above to adopt and offer one or more alternative inspection options that do not require a licensed contractor and an inspector to be simultaneously present during the installation of a heat pump water heater or heat pump HVAC system, to be available to licensed contractors who do not have a certification described above. The bill, notwithstanding any local law to the contrary, would also authorize a licensed contractor who successfully completes a specified number of heat pump water heater or heat pump HVAC system in-person inspections of installations that did not require any cures to use an above-described alternative inspection option, and would require the local jurisdiction to accept the alternative inspection option for those purposes, as specified. The bill would require the local entity, if the local entity has an internet website, to publish all requirements for contractors to obtain the above-described certification, or to complete inspections without a certification pursuant to the above-described alternative inspection option.The bill would authorize a city, including a charter city, county, or city and county, except as specified, to issue up to one nondiscretionary permit per installation of a residential heat pump water heater or heat pump HVAC system in which the local entity administratively approves an application to install the residential heat pump water heater or heat pump HVAC system and the application is subject to a limited review.The bill would prohibit a local entity described above from applying additional standards on the installation of residential heat pump water heater or residential heat pump HVAC systems as specified, and would require those standards to be null and void, except as specified. The bill would, notwithstanding those provisions, authorize additional standards to be applied that conform to local laws designed to require the adoption of zero-emission equipment, or improvement of building efficiency. The bill would prohibit a local entity from requiring a permit or inspection for any low voltage plug-in appliance, as defined.The bill would require a city, including a charter city, county, or city and county, on or before July 1, 2027, and except as specified, to implement an online automated permitting platform that verifies code compliance and issues permits in real time, or allows the local entity to issue permits in real time, to a licensed contractor for the installation of a residential heat pump water heater or residential heat pump HVAC system. The bill would require a permit to be issued, upon discretion of the administering jurisdiction, if the installation complies with specified checklist requirements. The bill would require a local entity described above to report to the commission when it implements the above-described automated permitting platform. The bill would require an above-described local entity, in developing the above-described automated permitting process, to create the checklist described above of all requirements for a residential heat pump water heater or residential HVAC system to be eligible for the above-described expedited review, and, if the local entity has an internet website, publish and make publicly available, among other things, that checklist on their internet website. The bill would, upon confirmation by the local entity that the application and supporting documents are complete and meets specified requirements, deem the application complete and require the local entity to approve the application and issue all required permits or authorizations. The bill would, upon receipt of an incomplete application, require the local entity to issue a written correction notice, as specified.The bill would, except as specified, prohibit a city, including a charter city, county, or city and county from charging a residential permit fee for heat pump water heaters and heat pump HVAC systems that exceeds the estimated reasonable cost of providing the service for which the fee is charged, subject to specified requirements, including that the residential permit fee for a heat pump water heater system does not exceed $50. The bill would, notwithstanding that provision, authorize a local entity described above to charge a residential permit fee for the installation of a heat pump water heater or heat pump HVAC system that exceeds the above-described fee limit, as specified, if the local entity, as part of a written finding and an adopted resolution or ordinance, provides substantial evidence of the reasonable cost to issue the permit, and would prohibit the local entity from applying additional charges above the advertised fee schedule.The bill would include findings and declarations related to these provisions.(2) Existing law, the Davis-Stirling Common Interest Development Act, defines and regulates common interest developments. Among other things, the act makes a provision of the governing documents, as defined, or architectural or landscaping guidelines or policies void and unenforceable if, among other things, the provision prohibits, or includes conditions that have the effect of prohibiting, the use of low water-using plants as a group or as a replacement of existing turf.This bill would additionally make any provision of the governing documents, architectural guidelines, or policies void and unenforceable if the provision prevents the replacement of a fuel-gas-burning appliance with an electric appliance. The bill would also make any covenant, restriction, or condition contained in any, among other specified agreements, deed, and any provision of a governing document, that effectively prohibits or restricts the installation or use of a residential heat pump water heater or heat pump HVAC system, void and unenforceable.(3) 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.(4) 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, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES
CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION
Senate Bill
No. 282
Introduced by Senator WienerFebruary 05, 2025
Introduced by Senator Wiener
February 05, 2025
An act to add Section 4737 to the Civil Code, and to add Chapter 7.5 (commencing with Section 51297.50) to Part 1 of Division 1 of Title 5 of the Government Code, relating to housing.
LEGISLATIVE COUNSEL'S DIGEST
## LEGISLATIVE COUNSEL'S DIGEST
SB 282, as introduced, Wiener. Residential heat pump systems: water heaters and HVAC: installations.
(1) Existing law establishes the State Energy Resources Conservation and Development Commission and prescribes the authorities, duties, and responsibilities of the commission pertaining to energy matters. Existing law requires the commission, on or before January 1, 2019, in consultation with the Contractors State License Board, local building officials, and other stakeholders, to approve a plan that promotes compliance with specified regulations relating to building energy efficiency standards in the installation of central air conditioning and heat pumps, as specified. Existing law authorizes the commission to adopt regulations to increase compliance with permitting and inspection requirements for central air conditioning and heat pumps, and associated sales and installations, consistent with the above-described plan.This bill would require the commission, on or before January 1, 2027, to establish a statewide certification program for licensed contractors of residential heat pump water heaters and heat pump heating, ventilation, and air conditioning (HVAC) systems to obtain a heat pump installation certification, and would require the commission to create a state training program, as described, on residential heat pump water heaters and heat pump HVAC systems for purposes of the certification program, as specified.The bill would authorize a licensed contract to obtain a heat pump installation certification through the above-described program by completing specified tasks, including completion of the state training program described above. The bill would authorize a licensed contractor with a heat pump system installation certification described above to self-certify that the installation of a residential heat pump water heater or heat pump HVAC system meets all relevant code requirements without any requirement that an inspector be present for the installation, and would require a city, including a charter city, county, or city and county to accept the certification for those purposes, as specified. The bill would require a local entity described above to adopt and offer one or more alternative inspection options that do not require a licensed contractor and an inspector to be simultaneously present during the installation of a heat pump water heater or heat pump HVAC system, to be available to licensed contractors who do not have a certification described above. The bill, notwithstanding any local law to the contrary, would also authorize a licensed contractor who successfully completes a specified number of heat pump water heater or heat pump HVAC system in-person inspections of installations that did not require any cures to use an above-described alternative inspection option, and would require the local jurisdiction to accept the alternative inspection option for those purposes, as specified. The bill would require the local entity, if the local entity has an internet website, to publish all requirements for contractors to obtain the above-described certification, or to complete inspections without a certification pursuant to the above-described alternative inspection option.The bill would authorize a city, including a charter city, county, or city and county, except as specified, to issue up to one nondiscretionary permit per installation of a residential heat pump water heater or heat pump HVAC system in which the local entity administratively approves an application to install the residential heat pump water heater or heat pump HVAC system and the application is subject to a limited review.The bill would prohibit a local entity described above from applying additional standards on the installation of residential heat pump water heater or residential heat pump HVAC systems as specified, and would require those standards to be null and void, except as specified. The bill would, notwithstanding those provisions, authorize additional standards to be applied that conform to local laws designed to require the adoption of zero-emission equipment, or improvement of building efficiency. The bill would prohibit a local entity from requiring a permit or inspection for any low voltage plug-in appliance, as defined.The bill would require a city, including a charter city, county, or city and county, on or before July 1, 2027, and except as specified, to implement an online automated permitting platform that verifies code compliance and issues permits in real time, or allows the local entity to issue permits in real time, to a licensed contractor for the installation of a residential heat pump water heater or residential heat pump HVAC system. The bill would require a permit to be issued, upon discretion of the administering jurisdiction, if the installation complies with specified checklist requirements. The bill would require a local entity described above to report to the commission when it implements the above-described automated permitting platform. The bill would require an above-described local entity, in developing the above-described automated permitting process, to create the checklist described above of all requirements for a residential heat pump water heater or residential HVAC system to be eligible for the above-described expedited review, and, if the local entity has an internet website, publish and make publicly available, among other things, that checklist on their internet website. The bill would, upon confirmation by the local entity that the application and supporting documents are complete and meets specified requirements, deem the application complete and require the local entity to approve the application and issue all required permits or authorizations. The bill would, upon receipt of an incomplete application, require the local entity to issue a written correction notice, as specified.The bill would, except as specified, prohibit a city, including a charter city, county, or city and county from charging a residential permit fee for heat pump water heaters and heat pump HVAC systems that exceeds the estimated reasonable cost of providing the service for which the fee is charged, subject to specified requirements, including that the residential permit fee for a heat pump water heater system does not exceed $50. The bill would, notwithstanding that provision, authorize a local entity described above to charge a residential permit fee for the installation of a heat pump water heater or heat pump HVAC system that exceeds the above-described fee limit, as specified, if the local entity, as part of a written finding and an adopted resolution or ordinance, provides substantial evidence of the reasonable cost to issue the permit, and would prohibit the local entity from applying additional charges above the advertised fee schedule.The bill would include findings and declarations related to these provisions.(2) Existing law, the Davis-Stirling Common Interest Development Act, defines and regulates common interest developments. Among other things, the act makes a provision of the governing documents, as defined, or architectural or landscaping guidelines or policies void and unenforceable if, among other things, the provision prohibits, or includes conditions that have the effect of prohibiting, the use of low water-using plants as a group or as a replacement of existing turf.This bill would additionally make any provision of the governing documents, architectural guidelines, or policies void and unenforceable if the provision prevents the replacement of a fuel-gas-burning appliance with an electric appliance. The bill would also make any covenant, restriction, or condition contained in any, among other specified agreements, deed, and any provision of a governing document, that effectively prohibits or restricts the installation or use of a residential heat pump water heater or heat pump HVAC system, void and unenforceable.(3) 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.(4) 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, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
(1) Existing law establishes the State Energy Resources Conservation and Development Commission and prescribes the authorities, duties, and responsibilities of the commission pertaining to energy matters. Existing law requires the commission, on or before January 1, 2019, in consultation with the Contractors State License Board, local building officials, and other stakeholders, to approve a plan that promotes compliance with specified regulations relating to building energy efficiency standards in the installation of central air conditioning and heat pumps, as specified. Existing law authorizes the commission to adopt regulations to increase compliance with permitting and inspection requirements for central air conditioning and heat pumps, and associated sales and installations, consistent with the above-described plan.
This bill would require the commission, on or before January 1, 2027, to establish a statewide certification program for licensed contractors of residential heat pump water heaters and heat pump heating, ventilation, and air conditioning (HVAC) systems to obtain a heat pump installation certification, and would require the commission to create a state training program, as described, on residential heat pump water heaters and heat pump HVAC systems for purposes of the certification program, as specified.
The bill would authorize a licensed contract to obtain a heat pump installation certification through the above-described program by completing specified tasks, including completion of the state training program described above. The bill would authorize a licensed contractor with a heat pump system installation certification described above to self-certify that the installation of a residential heat pump water heater or heat pump HVAC system meets all relevant code requirements without any requirement that an inspector be present for the installation, and would require a city, including a charter city, county, or city and county to accept the certification for those purposes, as specified. The bill would require a local entity described above to adopt and offer one or more alternative inspection options that do not require a licensed contractor and an inspector to be simultaneously present during the installation of a heat pump water heater or heat pump HVAC system, to be available to licensed contractors who do not have a certification described above. The bill, notwithstanding any local law to the contrary, would also authorize a licensed contractor who successfully completes a specified number of heat pump water heater or heat pump HVAC system in-person inspections of installations that did not require any cures to use an above-described alternative inspection option, and would require the local jurisdiction to accept the alternative inspection option for those purposes, as specified. The bill would require the local entity, if the local entity has an internet website, to publish all requirements for contractors to obtain the above-described certification, or to complete inspections without a certification pursuant to the above-described alternative inspection option.
The bill would authorize a city, including a charter city, county, or city and county, except as specified, to issue up to one nondiscretionary permit per installation of a residential heat pump water heater or heat pump HVAC system in which the local entity administratively approves an application to install the residential heat pump water heater or heat pump HVAC system and the application is subject to a limited review.
The bill would prohibit a local entity described above from applying additional standards on the installation of residential heat pump water heater or residential heat pump HVAC systems as specified, and would require those standards to be null and void, except as specified. The bill would, notwithstanding those provisions, authorize additional standards to be applied that conform to local laws designed to require the adoption of zero-emission equipment, or improvement of building efficiency. The bill would prohibit a local entity from requiring a permit or inspection for any low voltage plug-in appliance, as defined.
The bill would require a city, including a charter city, county, or city and county, on or before July 1, 2027, and except as specified, to implement an online automated permitting platform that verifies code compliance and issues permits in real time, or allows the local entity to issue permits in real time, to a licensed contractor for the installation of a residential heat pump water heater or residential heat pump HVAC system. The bill would require a permit to be issued, upon discretion of the administering jurisdiction, if the installation complies with specified checklist requirements. The bill would require a local entity described above to report to the commission when it implements the above-described automated permitting platform. The bill would require an above-described local entity, in developing the above-described automated permitting process, to create the checklist described above of all requirements for a residential heat pump water heater or residential HVAC system to be eligible for the above-described expedited review, and, if the local entity has an internet website, publish and make publicly available, among other things, that checklist on their internet website. The bill would, upon confirmation by the local entity that the application and supporting documents are complete and meets specified requirements, deem the application complete and require the local entity to approve the application and issue all required permits or authorizations. The bill would, upon receipt of an incomplete application, require the local entity to issue a written correction notice, as specified.
The bill would, except as specified, prohibit a city, including a charter city, county, or city and county from charging a residential permit fee for heat pump water heaters and heat pump HVAC systems that exceeds the estimated reasonable cost of providing the service for which the fee is charged, subject to specified requirements, including that the residential permit fee for a heat pump water heater system does not exceed $50. The bill would, notwithstanding that provision, authorize a local entity described above to charge a residential permit fee for the installation of a heat pump water heater or heat pump HVAC system that exceeds the above-described fee limit, as specified, if the local entity, as part of a written finding and an adopted resolution or ordinance, provides substantial evidence of the reasonable cost to issue the permit, and would prohibit the local entity from applying additional charges above the advertised fee schedule.
The bill would include findings and declarations related to these provisions.
(2) Existing law, the Davis-Stirling Common Interest Development Act, defines and regulates common interest developments. Among other things, the act makes a provision of the governing documents, as defined, or architectural or landscaping guidelines or policies void and unenforceable if, among other things, the provision prohibits, or includes conditions that have the effect of prohibiting, the use of low water-using plants as a group or as a replacement of existing turf.
This bill would additionally make any provision of the governing documents, architectural guidelines, or policies void and unenforceable if the provision prevents the replacement of a fuel-gas-burning appliance with an electric appliance. The bill would also make any covenant, restriction, or condition contained in any, among other specified agreements, deed, and any provision of a governing document, that effectively prohibits or restricts the installation or use of a residential heat pump water heater or heat pump HVAC system, void and unenforceable.
(3) 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.
(4) 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, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
## Digest Key
## Bill Text
The people of the State of California do enact as follows:SECTION 1. Section 4737 is added to the Civil Code, to read:4737. (a) Notwithstanding any other law, any provision of the governing documents, architectural guidelines, or policies shall be void and unenforceable if the provision prevents the replacement of a fuel-gas-burning appliance with an electric appliance.(b) Any covenant, restriction, or condition contained in any deed, contract, security instrument, or other instrument affecting the transfer or sale of, or any interest in, real property, and any provision of a governing document, that effectively prohibits or restricts the installation or use of a residential heat pump water heater or heat pump heating, ventilation, and air conditioning (HVAC) system is void and unenforceable.SEC. 2. Chapter 7.5 (commencing with Section 51297.50) is added to Part 1 of Division 1 of Title 5 of the Government Code, to read: CHAPTER 7.5. Residential Heat Pump System installation Certification51297.50. The Legislature finds and declares all of the following:(a) The oversight of permitting for residential heat pump water heater and heat pump heating, ventilation, and air condition (HVAC) systems is a matter of statewide concern and not a municipal affair. Nothing in this chapter is intended to imply the approval of any other local fees for heat pump permitting not specified in this chapter.(b) It is the intent of the Legislature that local agencies do not adopt ordinances that create unreasonable barriers to the installation of heat pumps and not unreasonably restrict the ability of home and residential property owners to install heat pumps.(c) It is the policy of the state to promote and encourage the use of zero-emission water heating and space heating and cooling systems, and to limit obstacles to their use.(d) It is the intent of the Legislature that local agencies comply not only with provisions declared in this section, but also the legislative intent to encourage the installation of residential heat pump systems by removing obstacles to, and minimizing costs of, permitting, so long as the action does not supersede the building officials authority to identify and address higher priority life-safety situations.(e) Each state entity should streamline codes and standards compliance processes with the intent of increasing permitted work without undermining the integrity of the code measures, especially when it comes to appliance retrofits.51297.51. For purposes of this chapter, the following definitions apply:(a) Commission means the State Energy Resources Conservation and Development Commission, which is also known as the Energy Commission.(b) Heat pump system installation certification means a state certification issued pursuant to this chapter for residential heat pump water heater and heat pump HVAC system installations.(c) HVAC means heating, ventilation, and air conditioning.(d) Low voltage plug-in appliance means an appliance with a voltage rating of 120 volts or less.51297.52. (a) (1) On or before January 1, 2027, the commission shall establish a statewide certification program for licensed contractors of residential heat pump water heater and heat pump HVAC systems to obtain a heat pump system installation certification.(2) The commission shall create a state training program on residential heat pump water heater and heat pump HVAC systems for purposes of the statewide certification program. Any training program created pursuant to this paragraph shall not exceed seven hours in length.(b) A licensed contractor may obtain a heat pump system installation certification through the statewide certification program by completing any of the following:(1) Obtaining certifications for residential heat pump water heater or heat pump HVAC systems, as applicable, through the Technology and Equipment for Clean Heating (TECH) Initiative, developed pursuant to Section 922 of the Public Utilities Code.(2) Successful completion of a number, to be determined by the local jurisdiction, but not to exceed 5 per system type, of heat pump water heaters and for heat pump HVAC systems, as applicable, without requiring any cures.(3) Completion of a state training program created by the commission pursuant to paragraph (2) of subdivision (a).51297.53. (a) (1) Notwithstanding any local law to the contrary, a licensed contractor with a heat pump system installation certification issued pursuant to this chapter, may self-certify that the installation of a residential heat pump water heater or heat pump HVAC system meets all relevant code requirements without any requirement that an inspector be present for the installation. A city, including a charter city, county, or city and county shall accept a heat pump system installation certification for these purposes.(2) Subject to the local jurisdictions discretion, a licensed contractor with a heat pump system installation certification shall remain subject to spot check inspections at a rate not to exceed one inspection per every 10 installations.(b) (1) A city, including a charter city, county, or city and county shall adopt and offer one or more alternative inspection options that do not require a licensed contractor and an inspector to be simultaneously present during the installation of a heat pump water heater or heat pump HVAC system, which shall be available to licensed contractors who do not have a heat pump system installation certification described in subdivision (a).(2) Notwithstanding any local law to the contrary, a city, including a charter city, county, or city and county, a licensed contractor who successfully completes a number, to be determined by the local jurisdiction but not to exceed five per system type, of residential heat pump water heater or heat pump HVAC system in-person inspections of installations, as applicable, that did not require any cures may use an alternative inspection option offered pursuant to paragraph (1). A city, including a charter city, county, or city and county shall accept an alternative inspection option for these purposes.(c) If the city, county, or city and county has an internet website, the local entity shall publish all requirements for contractors to obtain a heat pump system installation certification as described in subdivision (a), or to complete inspections without a certification as described in subdivision (b), on a publicly accessible internet website.51297.54. (a) Except as otherwise provided in subdivision (b), a city, including a charter city, county, or city and county may issue up to one nondiscretionary permit per installation of a residential heat pump water heater or heat pump HVAC system in which the city, county, or city and county administratively approves an application to install the residential heat pump water heater or heat pump HVAC system and the application is subject to a limited review.(b) Notwithstanding subdivision (a), a city, including a charter city, county, or city and county may issue more than one nondiscretionary permit requested by a licensed contractor for the installation of a residential heat pump water heater or heat pump HVAC system in the following circumstances:(1) The first inspection requires a cure.(2) The city, county, or city and county makes written findings based upon substantial evidence that the proposed installation would have a specific, adverse impact on public health or safety, and there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact.(c) An applicant may appeal a denial of an additional nondiscretionary permit described in subdivision (b) to the local planning commission of the city, county, or city and county.51297.55. (a) A city, including a charter city, county, or city and county, shall not apply additional standards on the installation of residential heat pump water heater or residential heat pump HVAC systems beyond statutory provisions or regulations relating to the installation of those heat pump systems in a residence, including the California Building Standards Code (Title 24 of the California Code of Regulations).(b) Any additional standards that exceed statutory provisions or regulations relating to the installation of a residential heat pump water heater or heat pump HVAC system in a residence shall be considered null and void unless the city, county, or city and county provides substantial evidence that the standard is designed to mitigate the specific, adverse impact upon the public health or safety at the lowest cost possible.(c) Notwithstanding subdivisions (a) and (b), additional standards may be applied that conform to local laws designed to require the adoption of zero-emission equipment or improvement of building efficiency.(d) A city, including a charter city, county, or city and county, shall not require a permit or inspection for any low voltage plug-in appliance.51297.56. (a) (1) On or before July 1, 2027, a city, including a charter city, county, or city and county, other than a city, county, or city and county described in paragraph (2), shall implement an online, automated permitting platform that verifies code compliance and issues permits in real time, or allows the city, county, or city and county to issue permits in real time, to a licensed contractor for the installation of a residential heat pump water heater or residential heat pump HVAC system. A permit authorized by this section shall be issued, upon discretion of the administering jurisdiction, if the installation of a residential heat pump water heater or residential heat pump HVAC system complies with the checklist requirements created pursuant to subdivision (b).(2) Paragraph (1) shall not apply to a city, including a charter city, with a population of fewer than 5,000 or a county with a population of fewer than 150,000, including each city or charter city within that county.(3) A city, including a charter city, county, or city and county shall report to the commission when it implements the online, automated permitting platform described in paragraph (1).(b) (1) In developing the automated permitting process described in subdivision (a), the city, county, or city and county shall create a checklist of all requirements for installations of residential heat pump water heater and HVAC systems to be eligible for expedited review pursuant to this section.(2) The city, county, or city and county, if the city, county, or city and county has an internet website, shall publish and make publicly available a list of the requirements described in paragraph (1) of subdivision (a), the checklist described in paragraph (1) of this subdivision, any required permitting documentation, and a list of all relevant fees and fee amounts that may be imposed by the city, county, or city and county on a heat pump HVAC or water heater installation, including, but not limited to, permit fees and inspection fees, on a publicly accessible internet website.(3) The city, county, or city and county shall allow an applicant to submit an automated permit application and associated documentation electronically, and shall authorize the applicant to submit an electronic signature on all forms, applications, and other documentation instead of a wet signature by an applicant.(c) (1) Upon confirmation by the city, including a charter city, county, or city and county of the application and supporting documents being complete and meeting the requirements described in subdivision (a), the application shall be deemed complete and the local entity shall approve the application and issue all required permits or authorizations.(2) Upon receipt of an incomplete application, a city, including a charter city, county, or city and county shall issue a written correction notice detailing all deficiencies in the application and any additional information required to be eligible for expedited permit issuance.51297.57. (a) (1) A city, including a charter city, county, or city and county, except as specified in subdivision (b), shall not charge a residential permit fee for heat pump water heater and heat pump HVAC systems that exceeds the estimated reasonable cost of providing the service for which the fee is charged, subject to the following limitations:(A) The residential permit fee for a heat pump water heater system shall not exceed fifty dollars ($50).(B) The residential permit fee for a heat pump HVAC system shall not exceed one hundred fifty dollars ($150).(2) The residential permit fee shall be waived for the installation of a heat pump water heater or heat pump HVAC system where a qualified contractor self-certifies code compliance, unless the building official of the local jurisdiction determines that additional cures are required.(3) Paragraph (1) shall not apply to a city, including a charter city, with a population of fewer than 5,000 and a county with a population of fewer than 150,000, including each city or charter city within that county.(b) (1) Notwithstanding subdivision (a), a city, including a charter city, county, or city and county may charge a residential permit fee for the installation of a heat pump water heater or a heat pump HVAC system that exceeds the fee limits specified in subdivision (a) if the city, including a charter city, county, or city and county, as part of a written finding and an adopted resolution or ordinance, provides substantial evidence of the reasonable cost to issue the permit.(2) A residential permit fee described in paragraph (1) shall be subject to all of the following requirements:(A) The fee shall correspond to the typical reasonable cost demonstrated by the city, county, or city and county for the equipment type.(B) The fee shall be set at a regular fixed amount per appliance type.(C) The fee shall be listed publicly.(3) A city, county, or city and county shall not apply additional charges above the publicly listed fee.SEC. 3. The Legislature finds and declares that the oversight of permitting for residential heat pump water heater and heat pump heating, ventilation, and air conditioning (HVAC) systems is a matter of statewide concern and is not a municipal affair as that term is used in Section 5 of Article XI of the California Constitution. Therefore, Section 2 of this act, adding Chapter 7.5 (commencing with Section 51297.50) to Part 1 of Division 1 of Title 5 of the Government Code, applies to all cities, including charter cities.SEC. 4. If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
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 4737 is added to the Civil Code, to read:4737. (a) Notwithstanding any other law, any provision of the governing documents, architectural guidelines, or policies shall be void and unenforceable if the provision prevents the replacement of a fuel-gas-burning appliance with an electric appliance.(b) Any covenant, restriction, or condition contained in any deed, contract, security instrument, or other instrument affecting the transfer or sale of, or any interest in, real property, and any provision of a governing document, that effectively prohibits or restricts the installation or use of a residential heat pump water heater or heat pump heating, ventilation, and air conditioning (HVAC) system is void and unenforceable.
SECTION 1. Section 4737 is added to the Civil Code, to read:
### SECTION 1.
4737. (a) Notwithstanding any other law, any provision of the governing documents, architectural guidelines, or policies shall be void and unenforceable if the provision prevents the replacement of a fuel-gas-burning appliance with an electric appliance.(b) Any covenant, restriction, or condition contained in any deed, contract, security instrument, or other instrument affecting the transfer or sale of, or any interest in, real property, and any provision of a governing document, that effectively prohibits or restricts the installation or use of a residential heat pump water heater or heat pump heating, ventilation, and air conditioning (HVAC) system is void and unenforceable.
4737. (a) Notwithstanding any other law, any provision of the governing documents, architectural guidelines, or policies shall be void and unenforceable if the provision prevents the replacement of a fuel-gas-burning appliance with an electric appliance.(b) Any covenant, restriction, or condition contained in any deed, contract, security instrument, or other instrument affecting the transfer or sale of, or any interest in, real property, and any provision of a governing document, that effectively prohibits or restricts the installation or use of a residential heat pump water heater or heat pump heating, ventilation, and air conditioning (HVAC) system is void and unenforceable.
4737. (a) Notwithstanding any other law, any provision of the governing documents, architectural guidelines, or policies shall be void and unenforceable if the provision prevents the replacement of a fuel-gas-burning appliance with an electric appliance.(b) Any covenant, restriction, or condition contained in any deed, contract, security instrument, or other instrument affecting the transfer or sale of, or any interest in, real property, and any provision of a governing document, that effectively prohibits or restricts the installation or use of a residential heat pump water heater or heat pump heating, ventilation, and air conditioning (HVAC) system is void and unenforceable.
4737. (a) Notwithstanding any other law, any provision of the governing documents, architectural guidelines, or policies shall be void and unenforceable if the provision prevents the replacement of a fuel-gas-burning appliance with an electric appliance.
(b) Any covenant, restriction, or condition contained in any deed, contract, security instrument, or other instrument affecting the transfer or sale of, or any interest in, real property, and any provision of a governing document, that effectively prohibits or restricts the installation or use of a residential heat pump water heater or heat pump heating, ventilation, and air conditioning (HVAC) system is void and unenforceable.
SEC. 2. Chapter 7.5 (commencing with Section 51297.50) is added to Part 1 of Division 1 of Title 5 of the Government Code, to read: CHAPTER 7.5. Residential Heat Pump System installation Certification51297.50. The Legislature finds and declares all of the following:(a) The oversight of permitting for residential heat pump water heater and heat pump heating, ventilation, and air condition (HVAC) systems is a matter of statewide concern and not a municipal affair. Nothing in this chapter is intended to imply the approval of any other local fees for heat pump permitting not specified in this chapter.(b) It is the intent of the Legislature that local agencies do not adopt ordinances that create unreasonable barriers to the installation of heat pumps and not unreasonably restrict the ability of home and residential property owners to install heat pumps.(c) It is the policy of the state to promote and encourage the use of zero-emission water heating and space heating and cooling systems, and to limit obstacles to their use.(d) It is the intent of the Legislature that local agencies comply not only with provisions declared in this section, but also the legislative intent to encourage the installation of residential heat pump systems by removing obstacles to, and minimizing costs of, permitting, so long as the action does not supersede the building officials authority to identify and address higher priority life-safety situations.(e) Each state entity should streamline codes and standards compliance processes with the intent of increasing permitted work without undermining the integrity of the code measures, especially when it comes to appliance retrofits.51297.51. For purposes of this chapter, the following definitions apply:(a) Commission means the State Energy Resources Conservation and Development Commission, which is also known as the Energy Commission.(b) Heat pump system installation certification means a state certification issued pursuant to this chapter for residential heat pump water heater and heat pump HVAC system installations.(c) HVAC means heating, ventilation, and air conditioning.(d) Low voltage plug-in appliance means an appliance with a voltage rating of 120 volts or less.51297.52. (a) (1) On or before January 1, 2027, the commission shall establish a statewide certification program for licensed contractors of residential heat pump water heater and heat pump HVAC systems to obtain a heat pump system installation certification.(2) The commission shall create a state training program on residential heat pump water heater and heat pump HVAC systems for purposes of the statewide certification program. Any training program created pursuant to this paragraph shall not exceed seven hours in length.(b) A licensed contractor may obtain a heat pump system installation certification through the statewide certification program by completing any of the following:(1) Obtaining certifications for residential heat pump water heater or heat pump HVAC systems, as applicable, through the Technology and Equipment for Clean Heating (TECH) Initiative, developed pursuant to Section 922 of the Public Utilities Code.(2) Successful completion of a number, to be determined by the local jurisdiction, but not to exceed 5 per system type, of heat pump water heaters and for heat pump HVAC systems, as applicable, without requiring any cures.(3) Completion of a state training program created by the commission pursuant to paragraph (2) of subdivision (a).51297.53. (a) (1) Notwithstanding any local law to the contrary, a licensed contractor with a heat pump system installation certification issued pursuant to this chapter, may self-certify that the installation of a residential heat pump water heater or heat pump HVAC system meets all relevant code requirements without any requirement that an inspector be present for the installation. A city, including a charter city, county, or city and county shall accept a heat pump system installation certification for these purposes.(2) Subject to the local jurisdictions discretion, a licensed contractor with a heat pump system installation certification shall remain subject to spot check inspections at a rate not to exceed one inspection per every 10 installations.(b) (1) A city, including a charter city, county, or city and county shall adopt and offer one or more alternative inspection options that do not require a licensed contractor and an inspector to be simultaneously present during the installation of a heat pump water heater or heat pump HVAC system, which shall be available to licensed contractors who do not have a heat pump system installation certification described in subdivision (a).(2) Notwithstanding any local law to the contrary, a city, including a charter city, county, or city and county, a licensed contractor who successfully completes a number, to be determined by the local jurisdiction but not to exceed five per system type, of residential heat pump water heater or heat pump HVAC system in-person inspections of installations, as applicable, that did not require any cures may use an alternative inspection option offered pursuant to paragraph (1). A city, including a charter city, county, or city and county shall accept an alternative inspection option for these purposes.(c) If the city, county, or city and county has an internet website, the local entity shall publish all requirements for contractors to obtain a heat pump system installation certification as described in subdivision (a), or to complete inspections without a certification as described in subdivision (b), on a publicly accessible internet website.51297.54. (a) Except as otherwise provided in subdivision (b), a city, including a charter city, county, or city and county may issue up to one nondiscretionary permit per installation of a residential heat pump water heater or heat pump HVAC system in which the city, county, or city and county administratively approves an application to install the residential heat pump water heater or heat pump HVAC system and the application is subject to a limited review.(b) Notwithstanding subdivision (a), a city, including a charter city, county, or city and county may issue more than one nondiscretionary permit requested by a licensed contractor for the installation of a residential heat pump water heater or heat pump HVAC system in the following circumstances:(1) The first inspection requires a cure.(2) The city, county, or city and county makes written findings based upon substantial evidence that the proposed installation would have a specific, adverse impact on public health or safety, and there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact.(c) An applicant may appeal a denial of an additional nondiscretionary permit described in subdivision (b) to the local planning commission of the city, county, or city and county.51297.55. (a) A city, including a charter city, county, or city and county, shall not apply additional standards on the installation of residential heat pump water heater or residential heat pump HVAC systems beyond statutory provisions or regulations relating to the installation of those heat pump systems in a residence, including the California Building Standards Code (Title 24 of the California Code of Regulations).(b) Any additional standards that exceed statutory provisions or regulations relating to the installation of a residential heat pump water heater or heat pump HVAC system in a residence shall be considered null and void unless the city, county, or city and county provides substantial evidence that the standard is designed to mitigate the specific, adverse impact upon the public health or safety at the lowest cost possible.(c) Notwithstanding subdivisions (a) and (b), additional standards may be applied that conform to local laws designed to require the adoption of zero-emission equipment or improvement of building efficiency.(d) A city, including a charter city, county, or city and county, shall not require a permit or inspection for any low voltage plug-in appliance.51297.56. (a) (1) On or before July 1, 2027, a city, including a charter city, county, or city and county, other than a city, county, or city and county described in paragraph (2), shall implement an online, automated permitting platform that verifies code compliance and issues permits in real time, or allows the city, county, or city and county to issue permits in real time, to a licensed contractor for the installation of a residential heat pump water heater or residential heat pump HVAC system. A permit authorized by this section shall be issued, upon discretion of the administering jurisdiction, if the installation of a residential heat pump water heater or residential heat pump HVAC system complies with the checklist requirements created pursuant to subdivision (b).(2) Paragraph (1) shall not apply to a city, including a charter city, with a population of fewer than 5,000 or a county with a population of fewer than 150,000, including each city or charter city within that county.(3) A city, including a charter city, county, or city and county shall report to the commission when it implements the online, automated permitting platform described in paragraph (1).(b) (1) In developing the automated permitting process described in subdivision (a), the city, county, or city and county shall create a checklist of all requirements for installations of residential heat pump water heater and HVAC systems to be eligible for expedited review pursuant to this section.(2) The city, county, or city and county, if the city, county, or city and county has an internet website, shall publish and make publicly available a list of the requirements described in paragraph (1) of subdivision (a), the checklist described in paragraph (1) of this subdivision, any required permitting documentation, and a list of all relevant fees and fee amounts that may be imposed by the city, county, or city and county on a heat pump HVAC or water heater installation, including, but not limited to, permit fees and inspection fees, on a publicly accessible internet website.(3) The city, county, or city and county shall allow an applicant to submit an automated permit application and associated documentation electronically, and shall authorize the applicant to submit an electronic signature on all forms, applications, and other documentation instead of a wet signature by an applicant.(c) (1) Upon confirmation by the city, including a charter city, county, or city and county of the application and supporting documents being complete and meeting the requirements described in subdivision (a), the application shall be deemed complete and the local entity shall approve the application and issue all required permits or authorizations.(2) Upon receipt of an incomplete application, a city, including a charter city, county, or city and county shall issue a written correction notice detailing all deficiencies in the application and any additional information required to be eligible for expedited permit issuance.51297.57. (a) (1) A city, including a charter city, county, or city and county, except as specified in subdivision (b), shall not charge a residential permit fee for heat pump water heater and heat pump HVAC systems that exceeds the estimated reasonable cost of providing the service for which the fee is charged, subject to the following limitations:(A) The residential permit fee for a heat pump water heater system shall not exceed fifty dollars ($50).(B) The residential permit fee for a heat pump HVAC system shall not exceed one hundred fifty dollars ($150).(2) The residential permit fee shall be waived for the installation of a heat pump water heater or heat pump HVAC system where a qualified contractor self-certifies code compliance, unless the building official of the local jurisdiction determines that additional cures are required.(3) Paragraph (1) shall not apply to a city, including a charter city, with a population of fewer than 5,000 and a county with a population of fewer than 150,000, including each city or charter city within that county.(b) (1) Notwithstanding subdivision (a), a city, including a charter city, county, or city and county may charge a residential permit fee for the installation of a heat pump water heater or a heat pump HVAC system that exceeds the fee limits specified in subdivision (a) if the city, including a charter city, county, or city and county, as part of a written finding and an adopted resolution or ordinance, provides substantial evidence of the reasonable cost to issue the permit.(2) A residential permit fee described in paragraph (1) shall be subject to all of the following requirements:(A) The fee shall correspond to the typical reasonable cost demonstrated by the city, county, or city and county for the equipment type.(B) The fee shall be set at a regular fixed amount per appliance type.(C) The fee shall be listed publicly.(3) A city, county, or city and county shall not apply additional charges above the publicly listed fee.
SEC. 2. Chapter 7.5 (commencing with Section 51297.50) is added to Part 1 of Division 1 of Title 5 of the Government Code, to read:
### SEC. 2.
CHAPTER 7.5. Residential Heat Pump System installation Certification51297.50. The Legislature finds and declares all of the following:(a) The oversight of permitting for residential heat pump water heater and heat pump heating, ventilation, and air condition (HVAC) systems is a matter of statewide concern and not a municipal affair. Nothing in this chapter is intended to imply the approval of any other local fees for heat pump permitting not specified in this chapter.(b) It is the intent of the Legislature that local agencies do not adopt ordinances that create unreasonable barriers to the installation of heat pumps and not unreasonably restrict the ability of home and residential property owners to install heat pumps.(c) It is the policy of the state to promote and encourage the use of zero-emission water heating and space heating and cooling systems, and to limit obstacles to their use.(d) It is the intent of the Legislature that local agencies comply not only with provisions declared in this section, but also the legislative intent to encourage the installation of residential heat pump systems by removing obstacles to, and minimizing costs of, permitting, so long as the action does not supersede the building officials authority to identify and address higher priority life-safety situations.(e) Each state entity should streamline codes and standards compliance processes with the intent of increasing permitted work without undermining the integrity of the code measures, especially when it comes to appliance retrofits.51297.51. For purposes of this chapter, the following definitions apply:(a) Commission means the State Energy Resources Conservation and Development Commission, which is also known as the Energy Commission.(b) Heat pump system installation certification means a state certification issued pursuant to this chapter for residential heat pump water heater and heat pump HVAC system installations.(c) HVAC means heating, ventilation, and air conditioning.(d) Low voltage plug-in appliance means an appliance with a voltage rating of 120 volts or less.51297.52. (a) (1) On or before January 1, 2027, the commission shall establish a statewide certification program for licensed contractors of residential heat pump water heater and heat pump HVAC systems to obtain a heat pump system installation certification.(2) The commission shall create a state training program on residential heat pump water heater and heat pump HVAC systems for purposes of the statewide certification program. Any training program created pursuant to this paragraph shall not exceed seven hours in length.(b) A licensed contractor may obtain a heat pump system installation certification through the statewide certification program by completing any of the following:(1) Obtaining certifications for residential heat pump water heater or heat pump HVAC systems, as applicable, through the Technology and Equipment for Clean Heating (TECH) Initiative, developed pursuant to Section 922 of the Public Utilities Code.(2) Successful completion of a number, to be determined by the local jurisdiction, but not to exceed 5 per system type, of heat pump water heaters and for heat pump HVAC systems, as applicable, without requiring any cures.(3) Completion of a state training program created by the commission pursuant to paragraph (2) of subdivision (a).51297.53. (a) (1) Notwithstanding any local law to the contrary, a licensed contractor with a heat pump system installation certification issued pursuant to this chapter, may self-certify that the installation of a residential heat pump water heater or heat pump HVAC system meets all relevant code requirements without any requirement that an inspector be present for the installation. A city, including a charter city, county, or city and county shall accept a heat pump system installation certification for these purposes.(2) Subject to the local jurisdictions discretion, a licensed contractor with a heat pump system installation certification shall remain subject to spot check inspections at a rate not to exceed one inspection per every 10 installations.(b) (1) A city, including a charter city, county, or city and county shall adopt and offer one or more alternative inspection options that do not require a licensed contractor and an inspector to be simultaneously present during the installation of a heat pump water heater or heat pump HVAC system, which shall be available to licensed contractors who do not have a heat pump system installation certification described in subdivision (a).(2) Notwithstanding any local law to the contrary, a city, including a charter city, county, or city and county, a licensed contractor who successfully completes a number, to be determined by the local jurisdiction but not to exceed five per system type, of residential heat pump water heater or heat pump HVAC system in-person inspections of installations, as applicable, that did not require any cures may use an alternative inspection option offered pursuant to paragraph (1). A city, including a charter city, county, or city and county shall accept an alternative inspection option for these purposes.(c) If the city, county, or city and county has an internet website, the local entity shall publish all requirements for contractors to obtain a heat pump system installation certification as described in subdivision (a), or to complete inspections without a certification as described in subdivision (b), on a publicly accessible internet website.51297.54. (a) Except as otherwise provided in subdivision (b), a city, including a charter city, county, or city and county may issue up to one nondiscretionary permit per installation of a residential heat pump water heater or heat pump HVAC system in which the city, county, or city and county administratively approves an application to install the residential heat pump water heater or heat pump HVAC system and the application is subject to a limited review.(b) Notwithstanding subdivision (a), a city, including a charter city, county, or city and county may issue more than one nondiscretionary permit requested by a licensed contractor for the installation of a residential heat pump water heater or heat pump HVAC system in the following circumstances:(1) The first inspection requires a cure.(2) The city, county, or city and county makes written findings based upon substantial evidence that the proposed installation would have a specific, adverse impact on public health or safety, and there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact.(c) An applicant may appeal a denial of an additional nondiscretionary permit described in subdivision (b) to the local planning commission of the city, county, or city and county.51297.55. (a) A city, including a charter city, county, or city and county, shall not apply additional standards on the installation of residential heat pump water heater or residential heat pump HVAC systems beyond statutory provisions or regulations relating to the installation of those heat pump systems in a residence, including the California Building Standards Code (Title 24 of the California Code of Regulations).(b) Any additional standards that exceed statutory provisions or regulations relating to the installation of a residential heat pump water heater or heat pump HVAC system in a residence shall be considered null and void unless the city, county, or city and county provides substantial evidence that the standard is designed to mitigate the specific, adverse impact upon the public health or safety at the lowest cost possible.(c) Notwithstanding subdivisions (a) and (b), additional standards may be applied that conform to local laws designed to require the adoption of zero-emission equipment or improvement of building efficiency.(d) A city, including a charter city, county, or city and county, shall not require a permit or inspection for any low voltage plug-in appliance.51297.56. (a) (1) On or before July 1, 2027, a city, including a charter city, county, or city and county, other than a city, county, or city and county described in paragraph (2), shall implement an online, automated permitting platform that verifies code compliance and issues permits in real time, or allows the city, county, or city and county to issue permits in real time, to a licensed contractor for the installation of a residential heat pump water heater or residential heat pump HVAC system. A permit authorized by this section shall be issued, upon discretion of the administering jurisdiction, if the installation of a residential heat pump water heater or residential heat pump HVAC system complies with the checklist requirements created pursuant to subdivision (b).(2) Paragraph (1) shall not apply to a city, including a charter city, with a population of fewer than 5,000 or a county with a population of fewer than 150,000, including each city or charter city within that county.(3) A city, including a charter city, county, or city and county shall report to the commission when it implements the online, automated permitting platform described in paragraph (1).(b) (1) In developing the automated permitting process described in subdivision (a), the city, county, or city and county shall create a checklist of all requirements for installations of residential heat pump water heater and HVAC systems to be eligible for expedited review pursuant to this section.(2) The city, county, or city and county, if the city, county, or city and county has an internet website, shall publish and make publicly available a list of the requirements described in paragraph (1) of subdivision (a), the checklist described in paragraph (1) of this subdivision, any required permitting documentation, and a list of all relevant fees and fee amounts that may be imposed by the city, county, or city and county on a heat pump HVAC or water heater installation, including, but not limited to, permit fees and inspection fees, on a publicly accessible internet website.(3) The city, county, or city and county shall allow an applicant to submit an automated permit application and associated documentation electronically, and shall authorize the applicant to submit an electronic signature on all forms, applications, and other documentation instead of a wet signature by an applicant.(c) (1) Upon confirmation by the city, including a charter city, county, or city and county of the application and supporting documents being complete and meeting the requirements described in subdivision (a), the application shall be deemed complete and the local entity shall approve the application and issue all required permits or authorizations.(2) Upon receipt of an incomplete application, a city, including a charter city, county, or city and county shall issue a written correction notice detailing all deficiencies in the application and any additional information required to be eligible for expedited permit issuance.51297.57. (a) (1) A city, including a charter city, county, or city and county, except as specified in subdivision (b), shall not charge a residential permit fee for heat pump water heater and heat pump HVAC systems that exceeds the estimated reasonable cost of providing the service for which the fee is charged, subject to the following limitations:(A) The residential permit fee for a heat pump water heater system shall not exceed fifty dollars ($50).(B) The residential permit fee for a heat pump HVAC system shall not exceed one hundred fifty dollars ($150).(2) The residential permit fee shall be waived for the installation of a heat pump water heater or heat pump HVAC system where a qualified contractor self-certifies code compliance, unless the building official of the local jurisdiction determines that additional cures are required.(3) Paragraph (1) shall not apply to a city, including a charter city, with a population of fewer than 5,000 and a county with a population of fewer than 150,000, including each city or charter city within that county.(b) (1) Notwithstanding subdivision (a), a city, including a charter city, county, or city and county may charge a residential permit fee for the installation of a heat pump water heater or a heat pump HVAC system that exceeds the fee limits specified in subdivision (a) if the city, including a charter city, county, or city and county, as part of a written finding and an adopted resolution or ordinance, provides substantial evidence of the reasonable cost to issue the permit.(2) A residential permit fee described in paragraph (1) shall be subject to all of the following requirements:(A) The fee shall correspond to the typical reasonable cost demonstrated by the city, county, or city and county for the equipment type.(B) The fee shall be set at a regular fixed amount per appliance type.(C) The fee shall be listed publicly.(3) A city, county, or city and county shall not apply additional charges above the publicly listed fee.
CHAPTER 7.5. Residential Heat Pump System installation Certification51297.50. The Legislature finds and declares all of the following:(a) The oversight of permitting for residential heat pump water heater and heat pump heating, ventilation, and air condition (HVAC) systems is a matter of statewide concern and not a municipal affair. Nothing in this chapter is intended to imply the approval of any other local fees for heat pump permitting not specified in this chapter.(b) It is the intent of the Legislature that local agencies do not adopt ordinances that create unreasonable barriers to the installation of heat pumps and not unreasonably restrict the ability of home and residential property owners to install heat pumps.(c) It is the policy of the state to promote and encourage the use of zero-emission water heating and space heating and cooling systems, and to limit obstacles to their use.(d) It is the intent of the Legislature that local agencies comply not only with provisions declared in this section, but also the legislative intent to encourage the installation of residential heat pump systems by removing obstacles to, and minimizing costs of, permitting, so long as the action does not supersede the building officials authority to identify and address higher priority life-safety situations.(e) Each state entity should streamline codes and standards compliance processes with the intent of increasing permitted work without undermining the integrity of the code measures, especially when it comes to appliance retrofits.51297.51. For purposes of this chapter, the following definitions apply:(a) Commission means the State Energy Resources Conservation and Development Commission, which is also known as the Energy Commission.(b) Heat pump system installation certification means a state certification issued pursuant to this chapter for residential heat pump water heater and heat pump HVAC system installations.(c) HVAC means heating, ventilation, and air conditioning.(d) Low voltage plug-in appliance means an appliance with a voltage rating of 120 volts or less.51297.52. (a) (1) On or before January 1, 2027, the commission shall establish a statewide certification program for licensed contractors of residential heat pump water heater and heat pump HVAC systems to obtain a heat pump system installation certification.(2) The commission shall create a state training program on residential heat pump water heater and heat pump HVAC systems for purposes of the statewide certification program. Any training program created pursuant to this paragraph shall not exceed seven hours in length.(b) A licensed contractor may obtain a heat pump system installation certification through the statewide certification program by completing any of the following:(1) Obtaining certifications for residential heat pump water heater or heat pump HVAC systems, as applicable, through the Technology and Equipment for Clean Heating (TECH) Initiative, developed pursuant to Section 922 of the Public Utilities Code.(2) Successful completion of a number, to be determined by the local jurisdiction, but not to exceed 5 per system type, of heat pump water heaters and for heat pump HVAC systems, as applicable, without requiring any cures.(3) Completion of a state training program created by the commission pursuant to paragraph (2) of subdivision (a).51297.53. (a) (1) Notwithstanding any local law to the contrary, a licensed contractor with a heat pump system installation certification issued pursuant to this chapter, may self-certify that the installation of a residential heat pump water heater or heat pump HVAC system meets all relevant code requirements without any requirement that an inspector be present for the installation. A city, including a charter city, county, or city and county shall accept a heat pump system installation certification for these purposes.(2) Subject to the local jurisdictions discretion, a licensed contractor with a heat pump system installation certification shall remain subject to spot check inspections at a rate not to exceed one inspection per every 10 installations.(b) (1) A city, including a charter city, county, or city and county shall adopt and offer one or more alternative inspection options that do not require a licensed contractor and an inspector to be simultaneously present during the installation of a heat pump water heater or heat pump HVAC system, which shall be available to licensed contractors who do not have a heat pump system installation certification described in subdivision (a).(2) Notwithstanding any local law to the contrary, a city, including a charter city, county, or city and county, a licensed contractor who successfully completes a number, to be determined by the local jurisdiction but not to exceed five per system type, of residential heat pump water heater or heat pump HVAC system in-person inspections of installations, as applicable, that did not require any cures may use an alternative inspection option offered pursuant to paragraph (1). A city, including a charter city, county, or city and county shall accept an alternative inspection option for these purposes.(c) If the city, county, or city and county has an internet website, the local entity shall publish all requirements for contractors to obtain a heat pump system installation certification as described in subdivision (a), or to complete inspections without a certification as described in subdivision (b), on a publicly accessible internet website.51297.54. (a) Except as otherwise provided in subdivision (b), a city, including a charter city, county, or city and county may issue up to one nondiscretionary permit per installation of a residential heat pump water heater or heat pump HVAC system in which the city, county, or city and county administratively approves an application to install the residential heat pump water heater or heat pump HVAC system and the application is subject to a limited review.(b) Notwithstanding subdivision (a), a city, including a charter city, county, or city and county may issue more than one nondiscretionary permit requested by a licensed contractor for the installation of a residential heat pump water heater or heat pump HVAC system in the following circumstances:(1) The first inspection requires a cure.(2) The city, county, or city and county makes written findings based upon substantial evidence that the proposed installation would have a specific, adverse impact on public health or safety, and there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact.(c) An applicant may appeal a denial of an additional nondiscretionary permit described in subdivision (b) to the local planning commission of the city, county, or city and county.51297.55. (a) A city, including a charter city, county, or city and county, shall not apply additional standards on the installation of residential heat pump water heater or residential heat pump HVAC systems beyond statutory provisions or regulations relating to the installation of those heat pump systems in a residence, including the California Building Standards Code (Title 24 of the California Code of Regulations).(b) Any additional standards that exceed statutory provisions or regulations relating to the installation of a residential heat pump water heater or heat pump HVAC system in a residence shall be considered null and void unless the city, county, or city and county provides substantial evidence that the standard is designed to mitigate the specific, adverse impact upon the public health or safety at the lowest cost possible.(c) Notwithstanding subdivisions (a) and (b), additional standards may be applied that conform to local laws designed to require the adoption of zero-emission equipment or improvement of building efficiency.(d) A city, including a charter city, county, or city and county, shall not require a permit or inspection for any low voltage plug-in appliance.51297.56. (a) (1) On or before July 1, 2027, a city, including a charter city, county, or city and county, other than a city, county, or city and county described in paragraph (2), shall implement an online, automated permitting platform that verifies code compliance and issues permits in real time, or allows the city, county, or city and county to issue permits in real time, to a licensed contractor for the installation of a residential heat pump water heater or residential heat pump HVAC system. A permit authorized by this section shall be issued, upon discretion of the administering jurisdiction, if the installation of a residential heat pump water heater or residential heat pump HVAC system complies with the checklist requirements created pursuant to subdivision (b).(2) Paragraph (1) shall not apply to a city, including a charter city, with a population of fewer than 5,000 or a county with a population of fewer than 150,000, including each city or charter city within that county.(3) A city, including a charter city, county, or city and county shall report to the commission when it implements the online, automated permitting platform described in paragraph (1).(b) (1) In developing the automated permitting process described in subdivision (a), the city, county, or city and county shall create a checklist of all requirements for installations of residential heat pump water heater and HVAC systems to be eligible for expedited review pursuant to this section.(2) The city, county, or city and county, if the city, county, or city and county has an internet website, shall publish and make publicly available a list of the requirements described in paragraph (1) of subdivision (a), the checklist described in paragraph (1) of this subdivision, any required permitting documentation, and a list of all relevant fees and fee amounts that may be imposed by the city, county, or city and county on a heat pump HVAC or water heater installation, including, but not limited to, permit fees and inspection fees, on a publicly accessible internet website.(3) The city, county, or city and county shall allow an applicant to submit an automated permit application and associated documentation electronically, and shall authorize the applicant to submit an electronic signature on all forms, applications, and other documentation instead of a wet signature by an applicant.(c) (1) Upon confirmation by the city, including a charter city, county, or city and county of the application and supporting documents being complete and meeting the requirements described in subdivision (a), the application shall be deemed complete and the local entity shall approve the application and issue all required permits or authorizations.(2) Upon receipt of an incomplete application, a city, including a charter city, county, or city and county shall issue a written correction notice detailing all deficiencies in the application and any additional information required to be eligible for expedited permit issuance.51297.57. (a) (1) A city, including a charter city, county, or city and county, except as specified in subdivision (b), shall not charge a residential permit fee for heat pump water heater and heat pump HVAC systems that exceeds the estimated reasonable cost of providing the service for which the fee is charged, subject to the following limitations:(A) The residential permit fee for a heat pump water heater system shall not exceed fifty dollars ($50).(B) The residential permit fee for a heat pump HVAC system shall not exceed one hundred fifty dollars ($150).(2) The residential permit fee shall be waived for the installation of a heat pump water heater or heat pump HVAC system where a qualified contractor self-certifies code compliance, unless the building official of the local jurisdiction determines that additional cures are required.(3) Paragraph (1) shall not apply to a city, including a charter city, with a population of fewer than 5,000 and a county with a population of fewer than 150,000, including each city or charter city within that county.(b) (1) Notwithstanding subdivision (a), a city, including a charter city, county, or city and county may charge a residential permit fee for the installation of a heat pump water heater or a heat pump HVAC system that exceeds the fee limits specified in subdivision (a) if the city, including a charter city, county, or city and county, as part of a written finding and an adopted resolution or ordinance, provides substantial evidence of the reasonable cost to issue the permit.(2) A residential permit fee described in paragraph (1) shall be subject to all of the following requirements:(A) The fee shall correspond to the typical reasonable cost demonstrated by the city, county, or city and county for the equipment type.(B) The fee shall be set at a regular fixed amount per appliance type.(C) The fee shall be listed publicly.(3) A city, county, or city and county shall not apply additional charges above the publicly listed fee.
CHAPTER 7.5. Residential Heat Pump System installation Certification
CHAPTER 7.5. Residential Heat Pump System installation Certification
51297.50. The Legislature finds and declares all of the following:(a) The oversight of permitting for residential heat pump water heater and heat pump heating, ventilation, and air condition (HVAC) systems is a matter of statewide concern and not a municipal affair. Nothing in this chapter is intended to imply the approval of any other local fees for heat pump permitting not specified in this chapter.(b) It is the intent of the Legislature that local agencies do not adopt ordinances that create unreasonable barriers to the installation of heat pumps and not unreasonably restrict the ability of home and residential property owners to install heat pumps.(c) It is the policy of the state to promote and encourage the use of zero-emission water heating and space heating and cooling systems, and to limit obstacles to their use.(d) It is the intent of the Legislature that local agencies comply not only with provisions declared in this section, but also the legislative intent to encourage the installation of residential heat pump systems by removing obstacles to, and minimizing costs of, permitting, so long as the action does not supersede the building officials authority to identify and address higher priority life-safety situations.(e) Each state entity should streamline codes and standards compliance processes with the intent of increasing permitted work without undermining the integrity of the code measures, especially when it comes to appliance retrofits.
51297.50. The Legislature finds and declares all of the following:
(a) The oversight of permitting for residential heat pump water heater and heat pump heating, ventilation, and air condition (HVAC) systems is a matter of statewide concern and not a municipal affair. Nothing in this chapter is intended to imply the approval of any other local fees for heat pump permitting not specified in this chapter.
(b) It is the intent of the Legislature that local agencies do not adopt ordinances that create unreasonable barriers to the installation of heat pumps and not unreasonably restrict the ability of home and residential property owners to install heat pumps.
(c) It is the policy of the state to promote and encourage the use of zero-emission water heating and space heating and cooling systems, and to limit obstacles to their use.
(d) It is the intent of the Legislature that local agencies comply not only with provisions declared in this section, but also the legislative intent to encourage the installation of residential heat pump systems by removing obstacles to, and minimizing costs of, permitting, so long as the action does not supersede the building officials authority to identify and address higher priority life-safety situations.
(e) Each state entity should streamline codes and standards compliance processes with the intent of increasing permitted work without undermining the integrity of the code measures, especially when it comes to appliance retrofits.
51297.51. For purposes of this chapter, the following definitions apply:(a) Commission means the State Energy Resources Conservation and Development Commission, which is also known as the Energy Commission.(b) Heat pump system installation certification means a state certification issued pursuant to this chapter for residential heat pump water heater and heat pump HVAC system installations.(c) HVAC means heating, ventilation, and air conditioning.(d) Low voltage plug-in appliance means an appliance with a voltage rating of 120 volts or less.
51297.51. For purposes of this chapter, the following definitions apply:
(a) Commission means the State Energy Resources Conservation and Development Commission, which is also known as the Energy Commission.
(b) Heat pump system installation certification means a state certification issued pursuant to this chapter for residential heat pump water heater and heat pump HVAC system installations.
(c) HVAC means heating, ventilation, and air conditioning.
(d) Low voltage plug-in appliance means an appliance with a voltage rating of 120 volts or less.
51297.52. (a) (1) On or before January 1, 2027, the commission shall establish a statewide certification program for licensed contractors of residential heat pump water heater and heat pump HVAC systems to obtain a heat pump system installation certification.(2) The commission shall create a state training program on residential heat pump water heater and heat pump HVAC systems for purposes of the statewide certification program. Any training program created pursuant to this paragraph shall not exceed seven hours in length.(b) A licensed contractor may obtain a heat pump system installation certification through the statewide certification program by completing any of the following:(1) Obtaining certifications for residential heat pump water heater or heat pump HVAC systems, as applicable, through the Technology and Equipment for Clean Heating (TECH) Initiative, developed pursuant to Section 922 of the Public Utilities Code.(2) Successful completion of a number, to be determined by the local jurisdiction, but not to exceed 5 per system type, of heat pump water heaters and for heat pump HVAC systems, as applicable, without requiring any cures.(3) Completion of a state training program created by the commission pursuant to paragraph (2) of subdivision (a).
51297.52. (a) (1) On or before January 1, 2027, the commission shall establish a statewide certification program for licensed contractors of residential heat pump water heater and heat pump HVAC systems to obtain a heat pump system installation certification.
(2) The commission shall create a state training program on residential heat pump water heater and heat pump HVAC systems for purposes of the statewide certification program. Any training program created pursuant to this paragraph shall not exceed seven hours in length.
(b) A licensed contractor may obtain a heat pump system installation certification through the statewide certification program by completing any of the following:
(1) Obtaining certifications for residential heat pump water heater or heat pump HVAC systems, as applicable, through the Technology and Equipment for Clean Heating (TECH) Initiative, developed pursuant to Section 922 of the Public Utilities Code.
(2) Successful completion of a number, to be determined by the local jurisdiction, but not to exceed 5 per system type, of heat pump water heaters and for heat pump HVAC systems, as applicable, without requiring any cures.
(3) Completion of a state training program created by the commission pursuant to paragraph (2) of subdivision (a).
51297.53. (a) (1) Notwithstanding any local law to the contrary, a licensed contractor with a heat pump system installation certification issued pursuant to this chapter, may self-certify that the installation of a residential heat pump water heater or heat pump HVAC system meets all relevant code requirements without any requirement that an inspector be present for the installation. A city, including a charter city, county, or city and county shall accept a heat pump system installation certification for these purposes.(2) Subject to the local jurisdictions discretion, a licensed contractor with a heat pump system installation certification shall remain subject to spot check inspections at a rate not to exceed one inspection per every 10 installations.(b) (1) A city, including a charter city, county, or city and county shall adopt and offer one or more alternative inspection options that do not require a licensed contractor and an inspector to be simultaneously present during the installation of a heat pump water heater or heat pump HVAC system, which shall be available to licensed contractors who do not have a heat pump system installation certification described in subdivision (a).(2) Notwithstanding any local law to the contrary, a city, including a charter city, county, or city and county, a licensed contractor who successfully completes a number, to be determined by the local jurisdiction but not to exceed five per system type, of residential heat pump water heater or heat pump HVAC system in-person inspections of installations, as applicable, that did not require any cures may use an alternative inspection option offered pursuant to paragraph (1). A city, including a charter city, county, or city and county shall accept an alternative inspection option for these purposes.(c) If the city, county, or city and county has an internet website, the local entity shall publish all requirements for contractors to obtain a heat pump system installation certification as described in subdivision (a), or to complete inspections without a certification as described in subdivision (b), on a publicly accessible internet website.
51297.53. (a) (1) Notwithstanding any local law to the contrary, a licensed contractor with a heat pump system installation certification issued pursuant to this chapter, may self-certify that the installation of a residential heat pump water heater or heat pump HVAC system meets all relevant code requirements without any requirement that an inspector be present for the installation. A city, including a charter city, county, or city and county shall accept a heat pump system installation certification for these purposes.
(2) Subject to the local jurisdictions discretion, a licensed contractor with a heat pump system installation certification shall remain subject to spot check inspections at a rate not to exceed one inspection per every 10 installations.
(b) (1) A city, including a charter city, county, or city and county shall adopt and offer one or more alternative inspection options that do not require a licensed contractor and an inspector to be simultaneously present during the installation of a heat pump water heater or heat pump HVAC system, which shall be available to licensed contractors who do not have a heat pump system installation certification described in subdivision (a).
(2) Notwithstanding any local law to the contrary, a city, including a charter city, county, or city and county, a licensed contractor who successfully completes a number, to be determined by the local jurisdiction but not to exceed five per system type, of residential heat pump water heater or heat pump HVAC system in-person inspections of installations, as applicable, that did not require any cures may use an alternative inspection option offered pursuant to paragraph (1). A city, including a charter city, county, or city and county shall accept an alternative inspection option for these purposes.
(c) If the city, county, or city and county has an internet website, the local entity shall publish all requirements for contractors to obtain a heat pump system installation certification as described in subdivision (a), or to complete inspections without a certification as described in subdivision (b), on a publicly accessible internet website.
51297.54. (a) Except as otherwise provided in subdivision (b), a city, including a charter city, county, or city and county may issue up to one nondiscretionary permit per installation of a residential heat pump water heater or heat pump HVAC system in which the city, county, or city and county administratively approves an application to install the residential heat pump water heater or heat pump HVAC system and the application is subject to a limited review.(b) Notwithstanding subdivision (a), a city, including a charter city, county, or city and county may issue more than one nondiscretionary permit requested by a licensed contractor for the installation of a residential heat pump water heater or heat pump HVAC system in the following circumstances:(1) The first inspection requires a cure.(2) The city, county, or city and county makes written findings based upon substantial evidence that the proposed installation would have a specific, adverse impact on public health or safety, and there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact.(c) An applicant may appeal a denial of an additional nondiscretionary permit described in subdivision (b) to the local planning commission of the city, county, or city and county.
51297.54. (a) Except as otherwise provided in subdivision (b), a city, including a charter city, county, or city and county may issue up to one nondiscretionary permit per installation of a residential heat pump water heater or heat pump HVAC system in which the city, county, or city and county administratively approves an application to install the residential heat pump water heater or heat pump HVAC system and the application is subject to a limited review.
(b) Notwithstanding subdivision (a), a city, including a charter city, county, or city and county may issue more than one nondiscretionary permit requested by a licensed contractor for the installation of a residential heat pump water heater or heat pump HVAC system in the following circumstances:
(1) The first inspection requires a cure.
(2) The city, county, or city and county makes written findings based upon substantial evidence that the proposed installation would have a specific, adverse impact on public health or safety, and there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact.
(c) An applicant may appeal a denial of an additional nondiscretionary permit described in subdivision (b) to the local planning commission of the city, county, or city and county.
51297.55. (a) A city, including a charter city, county, or city and county, shall not apply additional standards on the installation of residential heat pump water heater or residential heat pump HVAC systems beyond statutory provisions or regulations relating to the installation of those heat pump systems in a residence, including the California Building Standards Code (Title 24 of the California Code of Regulations).(b) Any additional standards that exceed statutory provisions or regulations relating to the installation of a residential heat pump water heater or heat pump HVAC system in a residence shall be considered null and void unless the city, county, or city and county provides substantial evidence that the standard is designed to mitigate the specific, adverse impact upon the public health or safety at the lowest cost possible.(c) Notwithstanding subdivisions (a) and (b), additional standards may be applied that conform to local laws designed to require the adoption of zero-emission equipment or improvement of building efficiency.(d) A city, including a charter city, county, or city and county, shall not require a permit or inspection for any low voltage plug-in appliance.
51297.55. (a) A city, including a charter city, county, or city and county, shall not apply additional standards on the installation of residential heat pump water heater or residential heat pump HVAC systems beyond statutory provisions or regulations relating to the installation of those heat pump systems in a residence, including the California Building Standards Code (Title 24 of the California Code of Regulations).
(b) Any additional standards that exceed statutory provisions or regulations relating to the installation of a residential heat pump water heater or heat pump HVAC system in a residence shall be considered null and void unless the city, county, or city and county provides substantial evidence that the standard is designed to mitigate the specific, adverse impact upon the public health or safety at the lowest cost possible.
(c) Notwithstanding subdivisions (a) and (b), additional standards may be applied that conform to local laws designed to require the adoption of zero-emission equipment or improvement of building efficiency.
(d) A city, including a charter city, county, or city and county, shall not require a permit or inspection for any low voltage plug-in appliance.
51297.56. (a) (1) On or before July 1, 2027, a city, including a charter city, county, or city and county, other than a city, county, or city and county described in paragraph (2), shall implement an online, automated permitting platform that verifies code compliance and issues permits in real time, or allows the city, county, or city and county to issue permits in real time, to a licensed contractor for the installation of a residential heat pump water heater or residential heat pump HVAC system. A permit authorized by this section shall be issued, upon discretion of the administering jurisdiction, if the installation of a residential heat pump water heater or residential heat pump HVAC system complies with the checklist requirements created pursuant to subdivision (b).(2) Paragraph (1) shall not apply to a city, including a charter city, with a population of fewer than 5,000 or a county with a population of fewer than 150,000, including each city or charter city within that county.(3) A city, including a charter city, county, or city and county shall report to the commission when it implements the online, automated permitting platform described in paragraph (1).(b) (1) In developing the automated permitting process described in subdivision (a), the city, county, or city and county shall create a checklist of all requirements for installations of residential heat pump water heater and HVAC systems to be eligible for expedited review pursuant to this section.(2) The city, county, or city and county, if the city, county, or city and county has an internet website, shall publish and make publicly available a list of the requirements described in paragraph (1) of subdivision (a), the checklist described in paragraph (1) of this subdivision, any required permitting documentation, and a list of all relevant fees and fee amounts that may be imposed by the city, county, or city and county on a heat pump HVAC or water heater installation, including, but not limited to, permit fees and inspection fees, on a publicly accessible internet website.(3) The city, county, or city and county shall allow an applicant to submit an automated permit application and associated documentation electronically, and shall authorize the applicant to submit an electronic signature on all forms, applications, and other documentation instead of a wet signature by an applicant.(c) (1) Upon confirmation by the city, including a charter city, county, or city and county of the application and supporting documents being complete and meeting the requirements described in subdivision (a), the application shall be deemed complete and the local entity shall approve the application and issue all required permits or authorizations.(2) Upon receipt of an incomplete application, a city, including a charter city, county, or city and county shall issue a written correction notice detailing all deficiencies in the application and any additional information required to be eligible for expedited permit issuance.
51297.56. (a) (1) On or before July 1, 2027, a city, including a charter city, county, or city and county, other than a city, county, or city and county described in paragraph (2), shall implement an online, automated permitting platform that verifies code compliance and issues permits in real time, or allows the city, county, or city and county to issue permits in real time, to a licensed contractor for the installation of a residential heat pump water heater or residential heat pump HVAC system. A permit authorized by this section shall be issued, upon discretion of the administering jurisdiction, if the installation of a residential heat pump water heater or residential heat pump HVAC system complies with the checklist requirements created pursuant to subdivision (b).
(2) Paragraph (1) shall not apply to a city, including a charter city, with a population of fewer than 5,000 or a county with a population of fewer than 150,000, including each city or charter city within that county.
(3) A city, including a charter city, county, or city and county shall report to the commission when it implements the online, automated permitting platform described in paragraph (1).
(b) (1) In developing the automated permitting process described in subdivision (a), the city, county, or city and county shall create a checklist of all requirements for installations of residential heat pump water heater and HVAC systems to be eligible for expedited review pursuant to this section.
(2) The city, county, or city and county, if the city, county, or city and county has an internet website, shall publish and make publicly available a list of the requirements described in paragraph (1) of subdivision (a), the checklist described in paragraph (1) of this subdivision, any required permitting documentation, and a list of all relevant fees and fee amounts that may be imposed by the city, county, or city and county on a heat pump HVAC or water heater installation, including, but not limited to, permit fees and inspection fees, on a publicly accessible internet website.
(3) The city, county, or city and county shall allow an applicant to submit an automated permit application and associated documentation electronically, and shall authorize the applicant to submit an electronic signature on all forms, applications, and other documentation instead of a wet signature by an applicant.
(c) (1) Upon confirmation by the city, including a charter city, county, or city and county of the application and supporting documents being complete and meeting the requirements described in subdivision (a), the application shall be deemed complete and the local entity shall approve the application and issue all required permits or authorizations.
(2) Upon receipt of an incomplete application, a city, including a charter city, county, or city and county shall issue a written correction notice detailing all deficiencies in the application and any additional information required to be eligible for expedited permit issuance.
51297.57. (a) (1) A city, including a charter city, county, or city and county, except as specified in subdivision (b), shall not charge a residential permit fee for heat pump water heater and heat pump HVAC systems that exceeds the estimated reasonable cost of providing the service for which the fee is charged, subject to the following limitations:(A) The residential permit fee for a heat pump water heater system shall not exceed fifty dollars ($50).(B) The residential permit fee for a heat pump HVAC system shall not exceed one hundred fifty dollars ($150).(2) The residential permit fee shall be waived for the installation of a heat pump water heater or heat pump HVAC system where a qualified contractor self-certifies code compliance, unless the building official of the local jurisdiction determines that additional cures are required.(3) Paragraph (1) shall not apply to a city, including a charter city, with a population of fewer than 5,000 and a county with a population of fewer than 150,000, including each city or charter city within that county.(b) (1) Notwithstanding subdivision (a), a city, including a charter city, county, or city and county may charge a residential permit fee for the installation of a heat pump water heater or a heat pump HVAC system that exceeds the fee limits specified in subdivision (a) if the city, including a charter city, county, or city and county, as part of a written finding and an adopted resolution or ordinance, provides substantial evidence of the reasonable cost to issue the permit.(2) A residential permit fee described in paragraph (1) shall be subject to all of the following requirements:(A) The fee shall correspond to the typical reasonable cost demonstrated by the city, county, or city and county for the equipment type.(B) The fee shall be set at a regular fixed amount per appliance type.(C) The fee shall be listed publicly.(3) A city, county, or city and county shall not apply additional charges above the publicly listed fee.
51297.57. (a) (1) A city, including a charter city, county, or city and county, except as specified in subdivision (b), shall not charge a residential permit fee for heat pump water heater and heat pump HVAC systems that exceeds the estimated reasonable cost of providing the service for which the fee is charged, subject to the following limitations:
(A) The residential permit fee for a heat pump water heater system shall not exceed fifty dollars ($50).
(B) The residential permit fee for a heat pump HVAC system shall not exceed one hundred fifty dollars ($150).
(2) The residential permit fee shall be waived for the installation of a heat pump water heater or heat pump HVAC system where a qualified contractor self-certifies code compliance, unless the building official of the local jurisdiction determines that additional cures are required.
(3) Paragraph (1) shall not apply to a city, including a charter city, with a population of fewer than 5,000 and a county with a population of fewer than 150,000, including each city or charter city within that county.
(b) (1) Notwithstanding subdivision (a), a city, including a charter city, county, or city and county may charge a residential permit fee for the installation of a heat pump water heater or a heat pump HVAC system that exceeds the fee limits specified in subdivision (a) if the city, including a charter city, county, or city and county, as part of a written finding and an adopted resolution or ordinance, provides substantial evidence of the reasonable cost to issue the permit.
(2) A residential permit fee described in paragraph (1) shall be subject to all of the following requirements:
(A) The fee shall correspond to the typical reasonable cost demonstrated by the city, county, or city and county for the equipment type.
(B) The fee shall be set at a regular fixed amount per appliance type.
(C) The fee shall be listed publicly.
(3) A city, county, or city and county shall not apply additional charges above the publicly listed fee.
SEC. 3. The Legislature finds and declares that the oversight of permitting for residential heat pump water heater and heat pump heating, ventilation, and air conditioning (HVAC) systems is a matter of statewide concern and is not a municipal affair as that term is used in Section 5 of Article XI of the California Constitution. Therefore, Section 2 of this act, adding Chapter 7.5 (commencing with Section 51297.50) to Part 1 of Division 1 of Title 5 of the Government Code, applies to all cities, including charter cities.
SEC. 3. The Legislature finds and declares that the oversight of permitting for residential heat pump water heater and heat pump heating, ventilation, and air conditioning (HVAC) systems is a matter of statewide concern and is not a municipal affair as that term is used in Section 5 of Article XI of the California Constitution. Therefore, Section 2 of this act, adding Chapter 7.5 (commencing with Section 51297.50) to Part 1 of Division 1 of Title 5 of the Government Code, applies to all cities, including charter cities.
SEC. 3. The Legislature finds and declares that the oversight of permitting for residential heat pump water heater and heat pump heating, ventilation, and air conditioning (HVAC) systems is a matter of statewide concern and is not a municipal affair as that term is used in Section 5 of Article XI of the California Constitution. Therefore, Section 2 of this act, adding Chapter 7.5 (commencing with Section 51297.50) to Part 1 of Division 1 of Title 5 of the Government Code, applies to all cities, including charter cities.
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SEC. 4. If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
SEC. 4. If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
SEC. 4. If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
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