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PRC Sec 25400-25405 ENERGY RESOURCES CONSERVATION (ENERGY CONSERVATION AND DEVELOPMENT)
PUBLIC RESOURCES CODE
25400. The commission shall conduct an ongoing assessment of the
opportunities and constraints presented by all forms of energy. The
commission shall encourage the balanced use of all sources of energy
to meet the state's needs and shall seek to avoid possible
undesirable consequences of reliance on a single source of energy.
25401. The commission shall continuously carry out studies,
research projects, data collection, and other activities required to
assess the nature, extent, and distribution of energy resources to
meet the needs of the state, including but not limited to, fossil
fuels and solar, nuclear, and geothermal energy resources. It shall
also carry out studies, technical assessments, research projects, and
data collection directed to reducing wasteful, inefficient,
unnecessary, or uneconomic uses of energy, including, but not limited
to, all of the following:
(a) Pricing of electricity and other forms of energy.
(b) Improved building design and insulation.
(c) Restriction of promotional activities designed to increase the
use of electrical energy by consumers.
(d) Improved appliance efficiency.
(e) Advances in power generation and transmission technology.
(f) Comparisons in the efficiencies of alternative methods of
The commission shall survey pursuant to this section all forms of
energy on which to base its recommendations to the Governor and
Legislature for elimination of waste or increases in efficiency for
sources or uses of energy. The commission shall transmit to the
Governor and the Legislature, as part of the biennial report
specified in Section 25309, recommendations for state policy and
actions for the orderly development of all potential sources of
energy to meet the state's needs, including, but not limited to,
fossil fuels and solar, nuclear, and geothermal energy resources, and
to reduce wasteful and inefficient uses of energy.
25401.2. (a) As part of the report required by Section 25302, the
commission shall develop and update an inventory of current and
potential cost-effective opportunities in each utility's service
territory, to improve efficiencies and to help utilities manage loads
in all sectors of natural gas and electricity use. The report shall
include estimates of the overall magnitude of these resources, load
shapes, and the projected costs associated with delivering the
various types of energy savings that are identified in the inventory.
The report shall also estimate the amount and incremental cost per
unit of potential energy efficiency and load management activities.
Where applicable, the inventory shall include data on variations in
savings and costs associated with particular measures. The report
shall take into consideration environmental benefits as developed in
related commission and public utilities commission proceedings.
(b) The commission shall develop and maintain the inventory in
consultation with electric and gas utilities, the Public Utilities
Commission, academic institutions, and other interested parties.
(c) The commission shall convene a technical advisory group to
develop an analytic framework for the inventory, to discuss the level
of detail at which the inventory would operate, and to ensure that
the inventory is consistent with other demand-side databases.
Privately owned electric and gas utilities shall provide financial
support, gather data, and provide analysis for activities that the
technical advisory group recommends. The technical advisory group
shall terminate on January 1, 1993.
25401.5. For the purpose of reducing electrical and natural gas
energy consumption, the commission may develop and disseminate
measures that would enhance energy efficiency for single-family
residential dwellings that were built prior to the development of the
current energy efficiency standards. The measures, if developed and
disseminated, shall provide a homeowner with information to improve
the energy efficiency of a single-family residential dwelling. The
commission may comply with this section by posting the measures on
the commission's Internet Web site or by making the measures
available to the public, upon request.
25401.6. (a) In its administration of Section 25744, the commission
shall establish a separate rebate for eligible distributed emerging
technologies for affordable housing projects including, but not
limited to, projects undertaken pursuant to Section 50052.5, 50053,
or 50199.4 of the Health and Safety Code. In establishing the
rebate, where the commission determines that the occupants of the
housing shall have individual meters, the commission may adjust the
amount of the rebate based on the capacity of the system, provided
that a system may receive a rebate only up to 75 percent of the total
installed costs. The commission may establish a reasonable limit on
the total amount of funds dedicated for purposes of this section.
(b) It is the intent of the Legislature that this section fulfills
the purpose of paragraph (5) of subdivision (b) of Section 25744.
25401.7. At the time a single-family residential dwelling is sold,
a buyer or seller may request a home inspection, as defined in
subdivision (a) of Section 7195 of the Business and Professions Code,
and a home inspector, as defined in subdivision (d) of Section 7195
of the Business and Professions Code, shall provide, contact
information for one or more of the following entities that provide
home energy information:
(a) A nonprofit organization.
(b) A provider to the residential dwelling of electrical service,
or gas service, or both.
(c) A government agency, including, but not limited to, the
25402. The commission shall, after one or more public hearings, do
all of the following, in order to reduce the wasteful, uneconomic,
inefficient, or unnecessary consumption of energy:
(a) Prescribe, by regulation, lighting, insulation climate control
system, and other building design and construction standards that
increase the efficiency in the use of energy for new residential and
new nonresidential buildings. The standards shall be cost effective,
when taken in their entirety, and when amortized over the economic
life of the structure when compared with historic practice. The
commission shall periodically update the standards and adopt any
revision that, in its judgment, it deems necessary. Six months
after the commission certifies an energy conservation manual pursuant
to subdivision (c) of Section 25402.1, no city, county, city and
county, or state agency shall issue a permit for any building unless
the building satisfies the standards prescribed by the commission
pursuant to this subdivision or subdivision (b) of this section that
are in effect on the date an application for a building permit is
(b) Prescribe, by regulation, energy conservation design standards
for new residential and new nonresidential buildings. The standards
shall be performance standards and shall be promulgated in terms of
energy consumption per gross square foot of floorspace, but may also
include devices, systems, and techniques required to conserve energy.
The standards shall be cost effective when taken in their entirety,
and when amortized over the economic life of the structure when
compared with historic practices. The commission shall periodically
review the standards and adopt any revision that, in its judgment, it
deems necessary. A building that satisfies the standards prescribed
pursuant to this subdivision need not comply with the standards
prescribed pursuant to subdivision (a). The commission shall comply
with this subdivision before January 1, 1981.
(c) (1) Prescribe, by regulation, standards for minimum levels of
operating efficiency, based on a reasonable use pattern, and may
prescribe other cost effective measures, including incentive
programs, fleet averaging, energy consumption labeling not preempted
by federal labeling, and consumer education programs, to promote the
use of energy efficient appliances whose use, as determined by the
commission, requires a significant amount of energy on a statewide
basis. The minimum levels of operating efficiency shall be based on
feasible and attainable efficiencies or feasible improved
efficiencies that will reduce the electrical energy consumption
growth rate. The standards shall become effective no sooner than one
year after the date of adoption or revision. No new appliance
manufactured on or after the effective date of the standards may be
sold or offered for sale in the state, unless it is certified by the
manufacturer thereof to be in compliance with the standards. The
standards shall be drawn so that they do not result in any added
total costs to the consumer over the designed life of the appliances
(2) No new appliance, except for any plumbing fitting, regulated
under paragraph (1), which is manufactured on or after July 1, 1984,
may be sold, or offered for sale, in the state, unless the date of
the manufacture is permanently displayed in an accessible place on
(3) During the period of five years after the commission has
adopted a standard for a particular appliance under paragraph (1), no
increase or decrease in the minimum level of operating efficiency
required by the standard for that appliance shall become effective,
unless the commission adopts other cost-effective measures for that
(4) Neither the commission nor any other state agency shall take
any action to decrease any standard adopted under this subdivision on
or before June 30, 1985, prescribing minimum levels of operating
efficiency or other energy conservation measures for any appliance,
unless the commission finds by a four-fifths vote that a decrease is
of benefit to ratepayers, and that there is significant evidence of
changed circumstances. Prior to January 1, 1986, the commission
shall not take any action to increase any standard prescribing
minimum levels of operating efficiency for any appliance or adopt any
new standard under paragraph (1). Prior to January 1, 1986, any
appliance manufacturer doing business in this state shall provide
directly, or through an appropriate trade or industry association,
information, as specified by the commission after consultation with
manufacturers doing business in the state and appropriate trade or
industry associations on sales of appliances so that the commission
may study the effects of regulations on those sales. These
informational requirements shall remain in effect until the
information is received. The trade or industry association may
submit sales information in an aggregated form in a manner that
allows the commission to carry out the purposes of the study. The
commission shall treat any sales information of an individual
manufacturer as confidential and that information shall not be a
public record. The commission shall not request any information that
cannot be reasonably produced in the exercise of due diligence by
the manufacturer. At least one year prior to the adoption or
amendment of a standard for an appliance, the commission shall notify
the Legislature of its intent, and the justification therefor, to
adopt or amend a standard for the appliance. Notwithstanding
paragraph (3) and this paragraph, the commission may do any of the
(A) Increase the minimum level of operating efficiency in an
existing standard up to the level of the National Voluntary Consensus
Standards 90, adopted by the American Society of Heating,
Refrigeration, and Air Conditioning Engineers or, for appliances not
covered by that standard, up to the level established in a similar
nationwide consensus standard.
(B) Change the measure or rating of efficiency of any standard, if
the minimum level of operating efficiency remains substantially the
(C) Adjust the minimum level of operating efficiency in an
existing standard in order to reflect changes in test procedures that
the standards require manufacturers to use in certifying compliance,
if the minimum level of operating efficiency remains substantially
(D) Readopt a standard preempted, enjoined, or otherwise found
legally defective by an administrative agency or a lower court, if
final legal action determines that the standard is valid and if the
standard that is readopted is not more stringent than the standard
that was found to be defective or preempted.
(E) Adopt or amend any existing or new standard at any level of
operating efficiency, if the Governor has declared an energy
emergency pursuant to Section 8558 of the Government Code.
(5) Notwithstanding paragraph (4), the commission may adopt
standards pursuant to commission order No. 84-0111-1, on or before
June 30, 1985.
(d) Recommend minimum standards of efficiency for the operation of
any new facility at a particular site that are technically and
economically feasible. No site and related facility shall be
certified pursuant to Chapter 6 (commencing with Section 25500),
unless the applicant certifies that standards recommended by the
commission have been considered, which certification shall include a
statement specifying the extent to which conformance with the
recommended standards will be achieved.
Whenever this section and Chapter 11.5 (commencing with Section
19878) of Part 3 of Division 13 of the Health and Safety Code are in
conflict, the commission shall be governed by that chapter of the
Health and Safety Code to the extent of the conflict.
(e) The commission shall do all of the following:
(1) Not later than January 1, 2004, amend any regulations in
effect on January 1, 2003, pertaining to the energy efficiency
standards for residential clothes washers to require that
residential clothes washers manufactured on or after January 1, 2007,
be at least as water efficient as commercial clothes washers.
(2) Not later than April 1, 2004, petition the federal Department
of Energy for an exemption from any relevant federal regulations
governing energy efficiency standards that are applicable to
residential clothes washers.
(3) Not later than January 1, 2005, report to the Legislature on
its progress with respect to the requirements of paragraphs (1) and
25402.1. In order to implement the requirements of subdivisions (a)
and (b) of Section 25402, the commission shall do all of the
(a) Develop a public domain computer program which will enable
contractors, builders, architects, engineers, and government
officials to estimate the energy consumed by residential and
nonresidential buildings. The commission may charge a fee for the
use of the program, which fee shall be based upon the actual cost of
the program, including any computer costs.
(b) Establish a formal process for certification of compliance
options for new products, materials, and calculation methods which
provides for adequate technical and public review to ensure accurate,
equitable, and timely evaluation of certification applications.
Proponents filing applications for new products, materials, and
calculation methods shall provide all information needed to evaluate
the application that is required by the commission. The commission
shall publish annually the results of its certification decisions and
instructions to users and local building officials concerning
requirements for showing compliance with the building standards for
new products, materials, or calculation methods. The commission may
charge and collect a reasonable fee from applicants to cover the
costs under this subdivision. Any funds received by the commission
for purposes of this subdivision shall be deposited in the Energy
Resources Programs Account and, notwithstanding Section 13340 of the
Government Code, are continuously appropriated to the commission for
the purposes of this subdivision. Any unencumbered portion of funds
collected as a fee for an application remaining in the Energy
Resources Programs Account after completion of the certification
process for that application shall be returned to the applicant
within a reasonable period of time.
(c) Include a prescriptive method of complying with the standards,
including design aids such as a manual, sample calculations, and
model structural designs.
(d) Conduct a pilot project of field testing of actual residential
buildings to calibrate and identify potential needed changes in the
modeling assumptions to increase the accuracy of the public domain
computer program specified in subdivision (a) and to evaluate the
impacts of the standards, including, but not limited to, the energy
savings, cost effectiveness, and the effects on indoor air quality.
The pilot project shall be conducted pursuant to a contract entered
into by the commission. The commission shall consult with the
participants designated pursuant to Section 9202 of the Public
Utilities Code to seek funding and support for field monitoring in
each public utility service territory, with the University of
California to take advantage of its extensive building monitoring
expertise, and with the California Building Industry Association to
coordinate the involvement of builders and developers throughout the
state. The pilot project shall include periodic public workshops to
develop plans and review progress. The commission shall prepare and
submit a report to the Legislature on progress and initial findings
not later than December 31, 1988, and a final report on the results
of the pilot project on residential buildings not later than June 30,
1990. The report shall include recommendations regarding the need
and feasibility of conducting further monitoring of actual
residential and nonresidential buildings. The report shall also
identify any revisions to the public domain computer program and
energy conservation standards if the pilot project determines that
revisions are appropriate.
(e) Certify, not later than 180 days after approval of the
standards by the State Building Standards Commission, an energy
conservation manual for use by designers, builders, and contractors
of residential and nonresidential buildings. The manual shall be
furnished upon request at a price sufficient to cover the costs of
production and shall be distributed at no cost to all affected local
agencies. The manual shall contain, but not be limited to, the
(1) The standards for energy conservation established by the
(2) Forms, charts, tables, and other data to assist designers and
builders in meeting the standards.
(3) Design suggestions for meeting or exceeding the standards.
(4) Any other information which the commission finds will assist
persons in conforming to the standards.
(5) Instructions for use of the computer program for calculating
energy consumption in residential and nonresidential buildings.
(6) The prescriptive method for use as an alternative to the
(f) The commission shall establish a continuing program of
technical assistance to local building departments in the enforcement
of subdivisions (a) and (b) of Section 25402 and this section. The
program shall include the training of local officials in building
technology and enforcement procedures related to energy conservation,
and the development of complementary training programs conducted by
local governments, educational institutions, and other public or
private entities. The technical assistance program shall include the
preparation and publication of forms and procedures for local
building departments in performing the review of building plans and
specifications. The commission shall provide, on a contract basis, a
review of building plans and specifications submitted by a local
building department, and shall adopt a schedule of fees sufficient to
repay the cost of those services.
(g) Subdivisions (a) and (b) of Section 25402 and this section,
and the rules and regulations of the commission adopted pursuant
thereto, shall be enforced by the building department of every city,
county, or city and county.
(1) No building permit for any residential or nonresidential
building shall be issued by a local building department, unless a
review by the building department of the plans for the proposed
residential or nonresidential building contains detailed energy
system specifications and confirms that the building satisfies the
minimum standards established pursuant to subdivision (a) or (b) of
Section 25402 and this section applicable to the building.
(2) Where there is no local building department, the commission
shall enforce subdivisions (a) and (b) of Section 25402 and this
(3) If a local building department fails to enforce subdivisions
(a) and (b) of Section 25402 and this section or any other provision
of this chapter or standard adopted pursuant thereto, the commission
may provide enforcement after furnishing 10 days' written notice to
the local building department.
(4) A city, county, or city and county may, by ordinance or
resolution, prescribe a schedule of fees sufficient to pay the costs
incurred in the enforcement of subdivisions (a) and (b) of Section
25402 and this section. The commission may establish a schedule of
fees sufficient to pay the costs incurred by that enforcement.
(5) No construction of any state building shall commence until the
Department of General Services or the state agency that otherwise
has jurisdiction over the property reviews the plans for the proposed
building and certifies that the plans satisfy the minimum standards
established pursuant to subdivision (a) or (b) of Chapter 2.8
(commencing with Section 15814.30) of Part 10b of Division 3 of Title
2 of the Government Code, Section 25402, and this section which are
applicable to the building.
(h) Subdivisions (a) and (b) of Section 25402 and this section
shall apply only to new residential and nonresidential buildings on
which actual site preparation and construction have not commenced
prior to the effective date of rules and regulations adopted pursuant
to those sections that are applicable to those buildings. Nothing
in those sections shall prohibit either of the following:
(1) The enforcement of state or local energy conservation or
energy insulation standards, adopted prior to the effective date of
rules and regulations adopted pursuant to subdivisions (a) and (b) of
Section 25402 and this section with regard to residential and
nonresidential buildings on which actual site preparation and
construction have commenced prior to that date.
(2) The enforcement of city or county energy conservation or
energy insulation standards, whenever adopted, with regard to
residential and nonresidential buildings on which actual site
preparation and construction have not commenced prior to the
effective date of rules and regulations adopted pursuant to
subdivisions (a) and (b) of Section 25402 and this section, if the
city or county files the basis of its determination that the
standards are cost effective with the commission and the commission
finds that the standards will require the diminution of energy
consumption levels permitted by the rules and regulations adopted
pursuant to those sections. If, after two or more years after the
filing with the commission of the determination that those standards
are cost effective, there has been a substantial change in the
factual circumstances affecting the determination, upon application
by any interested party, the city or county shall update and file a
new basis of its determination that the standards are cost effective.
The determination that the standards are cost effective shall be
adopted by the governing body of the city or county at a public
meeting. If, at the meeting on the matter, the governing body
determines that the standards are no longer cost effective, the
standards shall, as of that date, be unenforceable and no building
permit or other entitlement shall be denied based on the
noncompliance with the standards.
(i) The commission may exempt from the requirements of this
section and of any regulations adopted pursuant thereto any proposed
building for which compliance would be impossible without substantial
delays and increases in cost of construction, if the commission
finds that substantial funds have been expended in good faith on
planning, designing, architecture or engineering prior to the date of
adoption of the regulations.
(j) If a dispute arises between an applicant for a building
permit, or the state pursuant to paragraph (5) of subdivision (g),
and the building department regarding interpretation of Section 25402
or the regulations adopted pursuant thereto, either party may submit
the dispute to the commission for resolution. The commission's
determination of the matter shall be binding on the parties.
(k) Nothing in Section 25130, 25131, or 25402, or in this section
prevents enforcement of any regulation adopted pursuant to this
chapter, or Chapter 11.5 (commencing with Section 19878) of Part 3 of
Division 13 of the Health and Safety Code as they existed prior to
September 16, 1977.
25402.2. Any standard adopted by the commission pursuant to
Sections 25402 and 25402.1, which is a building standard as defined
in Section 25488.5, shall be submitted to the State Building
Standards Commission for approval pursuant to, and is governed by,
the State Building Standards Law (Part 2.5 (commencing with Section
18901) of Division 13 of the Health and Safety Code). Building
standards adopted by the commission and published in the State
Building Standards Code shall be enforced as provided in Sections
25402 and 25402.1.
25402.3. For purposes of subdivision (e) of Section 25402.1, the
commission shall contract with California building officials to
establish two regional training centers to provide continuing
education for local building officials and enforcement personnel as
(a) One site shall be located in northern California and one site
shall be located in southern California to serve the needs of the
(b) The centers shall provide training on a monthly basis to
ensure a uniform understanding and implementation of the energy
efficient building standards. Existing resources shall be used as
much as possible by utilizing members of the building official
community in training activities.
(c) The centers shall provide similar training sessions, in the
form of workshops given in designated rural areas, to ensure that
adequate training is available throughout the state.
(1) A minimum of two workshops in northern California and two
workshops in southern California shall be offered each year.
(2) The sites shall be selected to ensure the greatest number of
participants will be served in areas of greatest need to decrease the
financial burden on small rural or isolated local government
agencies that would not be able to travel to the regional training
centers for instruction.
25402.4. The standards for nonresidential buildings prescribed by
the commission pursuant to subdivisions (a) and (b) of Section 25402
shall provide at least one option which uses passive or semipassive
thermal systems, as defined in Section 25600, for meeting the
prescribed energy use requirements. These systems may include, but
are not limited to, the following construction techniques:
(a) Use of skylights or other daylighting techniques.
(b) Use of openable windows or other means of using outside air
for space conditioning.
(c) Use of building orientation, to complement other passive or
semipassive thermal systems.
(d) Use of thermal mass, of structural or nonstructural type, for
storage of heat or cold, including, but not limited to, roof ponds
and water walls.
25402.5. (a) As used in this section, "lighting device" includes,
but is not limited to, a lamp, luminaire, light fixture, lighting
control, ballast, or any component of those devices.
(b) (1) The commission shall consider both new and replacement,
and both interior and exterior, lighting devices as lighting which is
subject to subdivision (a) of Section 25402.
(2) The commission shall include both indoor and outdoor lighting
devices as appliances to be considered in prescribing standards
pursuant to paragraph (1) of subdivision (c) of Section 25402.
(3) The Legislature hereby finds and declares that paragraphs (1)
and (2) are declarative of existing law.
(c) The commission shall adopt efficiency standards for outdoor
lighting. The standards shall be technologically feasible and
cost-effective. As used in this subdivision, "outdoor lighting"
refers to all electrical lighting that is not subject to standards
adopted pursuant to Section 25402, and includes, but is not limited
to, street lights, traffic lights, parking lot lighting, and
billboard lighting. The commission shall consult with the Department
of Transportation (CALTRANS) to ensure that outdoor lighting
standards that affect CALTRANS are compatible with that department's
policies and standards for safety and illumination levels on state
25402.6. The commission shall investigate options and develop a
plan to decrease wasteful peakload energy consumption in existing
residential and nonresidential buildings. On or before January 1,
2004, the commission shall report its findings to the Legislature,
including, but not limited to, any changes in law necessary to
implement the plan to decrease wasteful peakload energy consumption
in existing residential and nonresidential buildings.
25402.7. (a) In consultation with the commission, electric and gas
utilities shall provide support for building standards and other
regulations pursuant to Section 25402 and subdivision (b) of Section
25553 including appropriate research, development, and training to
implement those standards and other regulations.
(b) The electric and gas utilities shall provide support pursuant
to subdivision (a) only to the extent that funds are made available
to the utilities for that purpose.
25402.8. When assessing new building standards for residential and
nonresidential buildings relating to the conservation of energy, the
commission shall include in its deliberations the impact that those
standards would have on indoor air pollution problems.
25402.9. (a) On or before July 1, 1996, the commission shall
develop, adopt, and publish an informational booklet to educate and
inform homeowners, rental property owners, renters, sellers, brokers,
and the general public about the statewide home energy rating
program adopted pursuant to Section 25942.
(b) In the development of the booklet, the commission shall
consult with representatives of the Department of Real Estate, the
Department of Housing and Community Development, the Public Utilities
Commission, investor-owned and municipal utilities, cities and
counties, real estate licensees, home builders, mortgage lenders,
home appraisers and inspectors, home energy rating organizations,
contractors who provide home energy services, consumer groups, and
(c) The commission shall charge a fee for the informational
booklet to recover its costs under subdivision (a).
25403. The commission shall submit to the Public Utilities
Commission and to any publicly owned electric utility,
recommendations designed to reduce wasteful, unnecessary, or
uneconomic energy consumption resulting from practices including, but
not limited to, differential rate structures, cost-of-service
allocations, the disallowance of a business expense of advertising or
promotional activities which encourage the use of electrical power,
peakload pricing, and other pricing measures. The Public Utilities
Commission or publicly owned electric utility shall review and
consider such recommendations and shall, within six months after the
date it receives them, as prescribed by this section, report to the
Governor and the Legislature its actions and reasons therefor with
respect to such recommendations.
25403.5. (a) The commission shall, by July 1, 1978, adopt standards
by regulation for a program of electrical load management for each
utility service area. In adopting the standards, the commission
shall consider, but need not be limited to, the following load
(1) Adjustments in rate structure to encourage use of electrical
energy at off-peak hours or to encourage control of daily electrical
load. Compliance with those adjustments in rate structure shall be
subject to the approval of the Public Utilities Commission in a
proceeding to change rates or service.
(2) End use storage systems which store energy during off-peak
periods for use during peak periods.
(3) Mechanical and automatic devices and systems for the control
of daily and seasonal peakloads.
(b) The standards shall be cost-effective when compared with the
costs for new electrical capacity, and the commission shall find them
to be technologically feasible. Any expense or any capital
investment required of a utility by the standards shall be an
allowable expense or an allowable item in the utility rate base and
shall be treated by the Public Utilities Commission as allowable in a
The commission may determine that one or more of the load
management techniques are infeasible and may delay their adoption.
If the commission determines that any techniques are infeasible to
implement, it shall make a finding in each instance stating the
grounds upon which the determination was made and the actions it
intends to take to remove the impediments to implementation.
(c) The commission may also grant, upon application by a utility,
an exemption from the standards or a delay in implementation. The
grant of an exemption or delay shall be accompanied by a statement of
findings by the commission indicating the grounds for the exemption
or delay. Exemption or delay shall be granted only upon a showing of
extreme hardship, technological infeasibility, lack of
cost-effectiveness, or reduced system reliability and efficiency.
(d) This section does not apply to proposed sites and related
facilities for which a notice of intent or an application requesting
certification has been filed with the commission prior to the
effective date of the standards.
25403.8. (a) The commission shall develop and implement a program
to provide battery backup power for those official traffic control
signals, operated by a city, county, or city and county, that the
commission, in consultation with cities, counties, or cities and
counties, determines to be high priority traffic control signals.
(b) Based on traffic factors considered by cities, counties, or
cities and counties, including, but not limited to, traffic volume,
number of accidents, and presence of children, the commission shall
determine a priority schedule for the installation of battery backup
power for traffic control systems. The commission shall give
priority to a city, county, or city and county that did not receive a
grant from the State of California for the installation of
light-emitting diode traffic control signals.
(c) The commission shall also develop or adopt the necessary
technical criteria as to wiring, circuitry, and recharging units for
traffic control signals. Only light-emitting diodes (LED) traffic
control signals are eligible for battery backup power for the full
operation of the traffic control signal or a flashing red mode. A
city, county, or city and county may apply for a matching grant for
battery backup power for traffic control signals retrofitted with
(d) Based on the criteria described in subdivision (c), the
commission shall provide matching grants to cities, counties, and
cities and counties for backup battery systems described in this
section in accordance with the priority schedule established by the
commission pursuant to subdivision (b). The commission shall provide
70 percent of the funds for a battery backup system, and the city,
county, or city and county shall provide 30 percent.
(e) If a city, county, or city and county has installed a backup
battery system for LED traffic control signals between January 1,
2001, and the effective date of the act adding this section, the
commission may reimburse the city, county, or city and county for up
to 30 percent of the cost incurred for the backup battery system
installation. However, the commission may not spend more than one
million five hundred thousand dollars ($1,500,000) for reimbursements
pursuant to this subdivision.
25404. The commission shall cooperate with the Office of Planning
and Research, the Resources Agency and other interested parties in
developing procedures to ensure that mitigation measures to minimize
wasteful, inefficient, and unnecessary consumption of energy are
included in all environmental impact reports required on local
projects as specified in Section 21151.
25405. A city, county, or city and county may by ordinance or
resolution prescribe a schedule of fees sufficient to pay the costs
incurred in the enforcement of standards adopted pursuant to this