Article 5 - Equitable Building Decarbonization Program

California Public Resources Code — §§ 25665-25665.7

Sections (6)

Added by Stats. 2022, Ch. 251, Sec. 12. (AB 209) Effective September 6, 2022.

For purposes of this article, the following definitions apply:

(a)“California Native American tribe” has the same meaning as defined in Section 21073.

(b)“California tribal organization” means a corporation, association, or group controlled, sanctioned, or chartered by a California Native American tribe that is subject to its laws, the laws of the State of California, or the laws of the United States.

(c)“Direct install” means an energy efficiency, decarbonization, or load flexible solution provided directly to a consumer at minimal or no cost through a third-party implementer.

(d)“Low-carbon building technology” means a technology that reduces a building’s direct emissions of greenhouse gases.

(e)“Low-to-moderate income” has the same meaning as “persons and families of low or moderate income” as defined in Section 50093 of the Health and Safety Code.

(f)“Residential dwelling” means any of the following:

(1)A multifamily residential building of at least two housing units.

(2)An individual or single-family residence.

(3)A mobilehome unit.

(g)“Statewide incentive program” means a first come, first served incentive program for specified equipment serving the residents of

California.

(h)“Third-party implementer” means noncommission personnel under contract to the commission who propose, design, implement, or deliver Equitable Building Decarbonization Program activities.

(i)“Under-resourced community” has the same meaning as defined in Section 71130.

§ 25665.1

Added by Stats. 2022, Ch. 251, Sec. 12. (AB 209) Effective September 6, 2022.

(a)(1) The commission shall establish the Equitable Building Decarbonization Program.

(2)The Equitable Building Decarbonization Program includes the direct install program established pursuant to Section 25665.3 and the statewide incentive program for low-carbon building technologies established pursuant to section 25665.5.

(b)If moneys made available for the Equitable Building Decarbonization Program remain unspent after two years, the commission shall evaluate potential changes to the Equitable Building Decarbonization Program to increase participation and may make those unspent funds, or a portion of those unspent funds, available for other

purposes consistent with the Equitable Building Decarbonization Program.

§ 25665.3

Added by Stats. 2022, Ch. 251, Sec. 12. (AB 209) Effective September 6, 2022.

The commission shall establish the direct install program consistent with all of the following:

(a)Participation in the direct install program shall be at minimal or no cost for low-to-moderate income residents, with preference given where the building meets one or more of the following criteria:

(1)The building is located in a under-resourced community.

(2)The building is owned or managed by a California Native American tribe or a California tribal organization.

(3)The building is owned by a member of a California Native American tribe.

(b)The commission may administer the direct install program through regional direct install third-party implementers selected through a competitive solicitation process. In selecting third-party implementers, the commission shall prioritize applications from entities that include at least one community-based organization in order to ensure for the provision of culturally-appropriate outreach, education, and support to households participating in the direct install program, and from entities that employ workers from local communities.

(c)The direct install program shall reduce the emissions of greenhouse gases, and shall encourage, where feasible, resiliency to extreme heat, indoor air quality improvements, energy affordability, and grid reliability support.

(d)Projects eligible to be funded through the direct install

program include installation of energy efficient electric appliances, energy efficiency measures, demand flexibility measures, wiring and panel upgrades, building infrastructure upgrades, efficient air conditioning systems, ceiling fans, and other measures to protect against extreme heat, where appropriate, and remediation and safety measures to facilitate the installation of new technologies.

(e)The direct install program may include tenant protections for participating rental properties. These protections may include requiring the consent of tenants impacted by the work, tenant education provided by community-based organizations, protections against short-term and long-term displacement, and limits on increases in rent after completion of a project funded pursuant to the direct install program.

(f)Projects funded pursuant the direct install program shall be performed by

workers paid prevailing wage where possible and when applicable.

(g)The commission may establish project and eligibility guidelines for purposes of the direct install program.

§ 25665.5

Added by Stats. 2022, Ch. 251, Sec. 12. (AB 209) Effective September 6, 2022.

The commission shall establish and administer a statewide incentive program for low-carbon building technologies, consistent with all of the following:

(a)The commission shall coordinate with other program administrators, such as the Public Utilities Commission, the Department of Community Services and Development, and the Strategic Growth Council, and may integrate with or enhance other incentive programs.

(b)The commission shall establish eligibility requirements for the statewide incentive program for low-carbon building technologies.

(c)Measures eligible for funding pursuant to the statewide incentive program for low-carbon

building technologies include, but are not limited to, low-carbon building technologies, such as heat pumps, space and water heaters, and other efficient electric technologies.

(d)A minimum of 50 percent of the moneys allocated pursuant to the statewide incentive program for low-carbon building technologies shall benefit residents living in an under-resourced community.

(e)The guidelines for the statewide incentive program for low-carbon building technologies may be developed with input from stakeholders, including, but not limited to, residential dwelling owners, manufacturers, building contractors, utilities, and other agencies through public workshops.

(f)The commission may establish guidelines for purposes of the statewide incentive program for low-carbon building technologies.

§ 25665.6

Added by Stats. 2022, Ch. 251, Sec. 12. (AB 209) Effective September 6, 2022.

The commission may adopt guidelines or other standards at a commission business meeting to implement this article. The Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code) does not apply to the adoption of the guidelines or other standards adopted by the commission to implement this article. Before adopting or revising the guidelines or other standards, the commission shall provide an opportunity for public comment and at least one public workshop.

§ 25665.7

Added by Stats. 2023, Ch. 387, Sec. 1. (SB 306) Effective January 1, 2024. Conditionally inoperative as prescribed by its own provisions. Repealed January 1 following the inoperative date.

(a)Notwithstanding Section 10231.5 of the Government Code, on or before September 1, 2024, and annually thereafter until all moneys appropriated in Items 3360-002-0001 and 3360-102-0001 of Section 2.00 of the Budget Act of 2022, as amended by Chapter 249 of the Statutes of 2022, for the Equitable Building Decarbonization Program have been expended, the commission shall submit a report to the relevant policy committees of the Legislature that includes information about the progress of the direct install program, including the selected administrators and implementers and implementation progress, including, but not limited to, the number of residents and buildings provided low- and zero-cost projects, the number of each project type implemented, the estimated reductions of the emissions of greenhouse

gases, and the locational distribution of the expenditures by county and region.

(b)(1) Upon the complete expenditure of all moneys described in subdivision (a), the commission shall notify the Secretary of State contemporaneously with the submission of the report required by subdivision (a) that includes information regarding the last expended moneys.

(2)This section shall become inoperative on the date the commission notifies the Secretary of State pursuant to paragraph (1) and is repealed on January 1 of the following year.