CALIFORNIA REGULATORY NOTICE REGISTER 2018, VOLUME NO. 3-Z
 83WEBSITE INFORMATION
This NOPA, the Initial Statement of Reasons, the Ex-
press Terms, any 15−Day Language issued subsequent-ly, and all other relevant rulemaking documents can be
accessed at the Energy Commission’s website at:
http://www.energy.ca.gov/title24/2019standards
.
TITLE 24. BUILDING STANDARDS
COMMISSION
PROPOSED REVISIONS TO THE
CALIFORNIA BUILDING ENERGY
EFFICIENCY STANDARDS 
THE 2019 CALIFORNIA
ADMINISTRATIVE CODE
THE 2019 CALIFORNIA ENERGY CODE
CALIFORNIA CODE OF REGULATIONS,
TITLE 24,
PART 1, CHAPTER 10, and PART 6
California Energy Commission
DOCKET NO. 17−BSTD−02
INTRODUCTION
Notice is hereby given that the California Energy
Commission (Energy Commission) proposes to adopt
changes to the Building Energy Efficiency Standards
contained in the California Code of Regulations (CCR),
Title 24, Part 6 (also known as the California EnergyCode), and associated administrative regulations in
Chapter 10 of Part 1. The proposed amended standards
are called the “2019 Building Energy Efficiency Stan-dards” (Standards) and will go into effect on January 1,
2020.
The Energy Commission has prepared this Notice of
Proposed Action (NOPA) and an Initial Statement ofReasons (ISOR) regarding the need for the proposed re-
visions, and has made available all the information up-
on which its proposal is based. The Energy Commission
has also published the Express Terms (45−Day Lan-guage) of the proposed amendment language. These
documents can be obtained from the contact persons
designated below or from the Energy Commission web-
site at: http://www.energy.ca.gov/title24/
2019standards/ .PUBLIC COMMENT PERIOD AND HEARINGS
The Energy Commission’s Energy Efficiency Lead
Commissioner will hold public hearings to receive pub-
lic comments on the proposed action. At these hearings,
any person may present statements or arguments rele-vant to the proposed regulatory action summarized be-low. The proposed language (45−Day Language Ex-
press Terms) is posted on the Energy Commission’s
website at: http://www.energy.ca.gov/title24/
2019standards/ .
The 45−Day Language Express Terms are also avail-
able from the Energy Commission’s Building Stan-
dards Office (contact persons are listed later in thisNOPA). The Energy Efficiency Lead Commissioner
Hearings to discuss the 45−Day Language are sched-
uled as fol lows:
February 5 and 6, 2018
9:00 a.m.CALIFORNIA ENERGY COMMISSION
Hearing Room A
1516 Ninth Street Sacramento, California(Wheelchair Accessible)
The Energy Efficiency Lead Commissioner Hearing
will be held on the first date listed. The Energy Ef ficien-
cy Lead Commissioner Hearing may continue on thesecond date listed, as necessary.
Audio for the  Energy Ef ficiency Lead Commissioner
Hearings will be broadcast over the Internet. For de-tails, please go to www .energy.ca.gov/webcast
.
If you have a disability and require assistance to par-
ticipate in these hearings, please contact Poneh Jones at
(916) 654−4425 at least 5 days in advance.
A Hearing before the Ener gy Commission, for possi-
ble final adoption of the Express Terms, is scheduled to
be held on the date below. This date may be postponed
by the Energy Commission through a notice to thedocket of this proceeding.
PROPOSED ADOPTION DATE — FULL ENERGY
COMMISSION HEARING
March 21, 2018
10 a.m.
CALIFORNIA ENERGY COMMISSIONHearing Room A1516 Ninth Street 
Sacramento, California
(Wheelchair Accessible)
Audio for the hearings will be broadcast over the in-
ternet. For details, please go to: www.energy.ca.gov/
webcast .CALIFORNIA REGULATORY NOTICE REGISTER 2018, VOLUME NO. 3-Z
 84If you have a disability and require assistance to par-
ticipate in these hearings, please contact Poneh Jones at
(916) 654−4425 at least 5 days in advance.
The public comment period for the 2019 Building
Energy Efficiency Standards will begin on January
19, 2018, and end at 5:00 p.m. on March 5, 2018. Any
interested person may submit written comments on the
proposed amendments. Regarding the Ener gy Efficien-
cy Lead Commissioner and Adoption Hearings, the En-
ergy Commission requests written comments at the ear-liest possible date: for the February 5th and 6th, 2018hearings, please provide written comments by February
20, 2018. However, written comments will still be ac-
cepted if they are received by 5:00 p.m. on March 5,2018. Written comments must be emailed to
Docket@energy.ca.gov
 or mailed or delivered to the
following address (emailing is preferred):
CALIFORNIA ENERGY COMMISSION
Attention; Docket No. 17−BSTD−02Dockets Of fice
1516 Ninth Street, MS−4 
Sacramento, CA 95814
All written comments must contain the official
number of the proceeding “Docket No.17−BSTD−02,” prominently displayed on the first
page. When comments are emailed on behalf of an or-
ganization, the comments should be a scanned copy of
the original on the or ganization’s letterhead and include
a signature of an authorized representative.
Written comments may also be filed electronically by
emailing adrian.ownby@energy.ca.gov
 or faxing them
to (916) 654−4304, as long as they are received no laterthan March 5, 2018, at 5:00 p.m.
Oral comments may be made at the Energy Effi-
ciency Lead Commissioner hearing(s). In addition,
oral comments may be made at the March 21, 2018, Full
Commission Adoption Hearing.
POTENTIAL POST−HEARING MODIFICATIONS
TO THE TEXT OF THE REGULATIONS
Interested persons should be aware that these amend-
ments may be subject to change as a result of public
comment, staff recommendations, or discussions atmeetings with the Energy Efficiency Lead Commis-
sioner or other Commissioners. The proposed regula-
tions could be changed, withdrawn, or replaced.
Pursuant to Government Code 11346.8(c), no state
agency may adopt, amend, or repeal a regulation which
has been changed from that which was originally made
available to the public pursuant to Section 1 1346.5, un-
less the change is (1) non−substantial or solely gram-matical in nature, or (2) suf ficiently related to the origi-nal text that the public was adequately placed on notice
that the change could result from the originally pro-
posed regulatory action. If a sufficiently related change
is made, the full text of the resulting adoption, amend-
ment, or repeal, with the change clearly indicated, shall
be made available to the public for at least 15 days be-fore the agency adopts, amends, or repeals the resulting
regulation. Any written comments received regarding
the change must be addressed in the final statement of
reasons required by Government Code section 1 1346.9.
To be notified of any modifications, please sign−up
on the Building Standards list−serve to be informed
of ongoing activities regarding the 2019 Update. You
can sign up for this list−serve here:http://www.energy.ca.gov/efficiency/listservers.html.
For assistance in participating in this the rulemaking
proceeding, please contact the Energy Commission’sPublic Adviser’s Office, at (916) 654−4489, toll free at
(800) 822−6228, or by email at
publicadviser@energy.ca.gov
.
AUTHORITY AND REFERENCE
The Energy Commission proposes to adopt the Ex-
press Terms under the authority granted by Public Re-
sources Code Sections 25213, 25402, subdivisions
(a)−(b), 25402.1, 25402.4, 25402.5, 25402.8, 25910,
25942, and 25943.
The Energy Commission proposes to adopt the Ex-
press Terms in order to implement, interpret, or makespecific Public Resources Code Sections 25402, subdi-
visions (a)−(b), 25402.1, 25402.4, 25402.5, 25910,
25942, and 25943, and Health and Safety Code Sec-
tions 18930, 18934 & 18935.
INFORMATIVE DIGEST
A. Summary of Existing Laws
Public Resources Code Sections 25402 and 25402.1
were enacted in the 1970s as part of the enabling legisla-
tion establishing the Energy Commission and its basic
mandates. These sections require the Energy Commis-
sion to adopt, implement, and periodically update ener-
gy efficiency standards for both residential and nonresi-
dential buildings. In addition, Public Resources Code
Section 25910 directs the Energy Commission to adopt
standards for the minimum amount of additional insula-
tion installed in existing buildings. Senate Bill (SB) 639
(Statutes of 1993) added Section 25402.5, which ex-pressly directs the Energy Commission to consider both
new and replacement, and both interior and exterior,
lighting devices when adopting building standards. SB
5X (Statutes of 2001) added subsection (c) to Section25402.5 to clarify and expand the Energy Commis-sion’s authority to adopt standards for outdoor lighting.CALIFORNIA REGULATORY NOTICE REGISTER 2018, VOLUME NO. 3-Z
 85The Global Warming Solutions Act (Assembly Bill
(AB) 32, Núñez, Chapter 488, Statutes of 2006) has
been the foundation of California’s ef forts over the past
five years to reduce greenhouse gas emissions (GHG);
AB 32 requires that by 2020 the state reduce its GHG
emissions to the level that existed in 1990. Improving
the energy efficiency of existing residential and com-mercial buildings is the single most important activity
to reduce greenhouse gas emissions that result from
electricity and natural gas use . The Energy Commis-
sion’s 2017 Integrated Energy Policy Report (IEPR),which is California’s of ficial statement of the state’s en-
ergy policy, concludes that climate change is the single
most important environmental and economic challenge
of the century, that greenhouse gas emissions are the
largest contributors to climate change, and that Califor-
nia’s ability to slow the rate of greenhouse gas emis-sions will depend first on energy ef ficiency.
Similarly, the California Long−Term Energy Effi-
ciency Strategic Plan (2008) adopted by the California
Public Utilities Commission (CPUC) identifies the im-
portance of the Energy Commission’s Building EnergyEfficiency Standards in reaching the State’s goal of
having new homes be “zero net energy” buildings by
2020 and of having commercial buildings be “zero netenergy” buildings by 2030.
Governor Brown’s Clean Energy Jobs Plan (2010)
combines existing state energy policy with economic
recovery and growth goals by focusing on developingrenewable energy and energy efficiency technologies
and creating more than half a million green jobs. In the
area of building efficiency, the Governor’s Plan callsfor:
— Adopting stronger appliance standards for
lighting, consumer electronics, and otherproducts;
— Creating new efficiency standards for  new
buildings;
— Increasing public education and enforcement
efforts so that the gains promised by California’s
efficiency standards are realized;
— Adopting a plan for achieving “zero−net−energy”
homes and businesses;
— Making existing buildings more efficient,
especially the half of California homes that were
built before the advent of modern building
standards; and
— Providing information to commercial investors
and homebuyers by disclosing building energy
consumption prior to building sale.
Senate Bill 350 (de León, Chapter 547, Statutes of
2015) established California’s 2030 greenhouse gas re-
duction target of 40 percent below 1990 levels. Toachieve this goal, SB 350 set specific 2030 targets forenergy efficiency and renewable electricity, among oth-
er actions aimed at reducing greenhouse gas emissions
across the energy and transportation sectors. In particu-
lar, SB 350 requires the state to double statewide energy
efficiency savings in electricity and natural gas end uses
by 2030. (Senate Bill 32 (Pavley, Chapter 249, Statutes
of 2016) followed by amending the California Global
Warming Solutions Act of 2006 to establish a matching
emissions limit in California’s Cap and T rade program.)
The Energy Commission’s Integrated Energy Policy
Report (2017) includes an energy efficiency chapter
that emphasizes the energy policy goals for the state’s
residential and nonresidential buildings. It articulates
how the Building Ener gy Efficiency Standards, includ-
ing Reach Standards, will be updated periodically to at-
tain the aggressive levels of energy efficiency required
to make energy efficient buildings cost−effective for
consumers.
The 45−Day Language Express Terms described in
this NOPA are designed to comply with all of these state
laws and policies. To summarize:
As required by law, the proposed Standards are cost−
effective to consumers (that is, the energy bill savings
over the life of the building will be greater than any in-
creased construction costs that will result from the
Standards).
The proposed Standards take a crucial step in meeting
the 2020 and 2030 zero net energy goals; if adopted,
they will advance new residential buildings closer to
achieving California’s goal of having all new residen-
tial buildings be zero net energy by 2020. They will also
advance California’s requirements for nonresidential
buildings in a manner that harmonizes California with
national nonresidential building standards, ensuring
California neither lags behind nor departs from the na-
tional work of the American Society of Heating, Refrig-
erating and Air−Conditioning Engineers (ASHRAE)
and the U.S. Department of Energy.
By saving large amounts of energy, the Standards will
make a major contribution in meeting the state’s goals
for reductions in greenhouse gas emissions.
By making buildings more affordable to operate, the
Standards encourage investment in new construction,
make capital available for other investments, stimulate
economic growth, and create new jobs.
B. Summary of Existing Regulations
The Standards were first adopted in 1976 and have
been updated periodically since then as directed by
statute. In 1975 the Department of Housing and Com-
munity Development adopted rudimentary energy con-
servation standards under their State Housing Law au-
thority that were a precursor to the first generation of the
Standards. However, the Warren−Alquist Act was
passed one year earlier with explicit direction to the En-CALIFORNIA REGULATORY NOTICE REGISTER 2018, VOLUME NO. 3-Z
 86ergy Commission (formally titled the State Energy Re-
sources Conservation and Development Commission)
to adopt and implement the Standards. The W arren−
Alquist Act created separate authority and specific di-rection regarding what the Standards are to address,what criteria are to be met in developing the Standards,
and what implementation tools, aids, and technical as-
sistance are to be provided.
The Standards contain energy and water efficiency
requirements (and indoor air quality requirements) fornewly constructed buildings, additions to existingbuildings, and alterations to existing buildings. PublicResources Code Sections 25402 subdivisions (a)−(b)and 25402.1 emphasize the importance of building de-
sign and construction flexibility by requiring the Ener-
gy Commission to establish performance standards, inthe form of an “energy budget” in terms of the energyconsumption per square foot of floor space. For this rea-
son, the Standards include both a prescriptive option,allowing builders to comply by using methods knownto be efficient, and a performance option, allowing
builders complete freedom in their designs provided the
building achieves the same overall efficiency as anequivalent building using the prescriptive option. TheStandards have done so since 1976 and the 45−DayLanguage Express Terms described in this NOPA willdo the same if adopted.
Public Resources Code Section 25402.1 also requires
the Energy Commission to support the performancestandards with compliance tools for builders and build-
ing designers. Thus in its Alternative CalculationMethod (ACM) Approval Manuals, which are adopted
by regulation in support of the Standards, and which aredescribed in more detail below, the Energy Commission
establishes requirements for input, output and calcula-
tional uniformity in computer programs that are used to
demonstrate compliance with the Standards. The ACM
Manuals thereby allow private firms to develop compli-
ance software for approval by the Energy Commission,
which further encourages flexibility and innovation.
The Energy Commission also adopts Reference Ap-
pendices that contain data and other information that
help builders comply with the Standards.
The Standards are divided into three basic sets. First,
there is a basic set of mandatory requirements that apply
to all buildings. Second, there is a set of performancestandards — the energy budgets — that vary by climate
zone (of which there are 16 in California) and building
type; thus the Standards are tailored to local conditions.
Finally, the third set constitutes an alternative to the per-
formance standards, which is a set of prescriptive pack-
ages that are basically a recipe or a checklist compliance
approach. A summary outline of the Standards is asfollows:/C0068 +ents that apply to all building types are in Part 6,
Section 110.
/C0068 The requirements for nonresidential buildings,
high−rise residential buildings, and hotels/motels
are in Part 6, Sections 120 and 130 to 141.
Specialized mandatory requirements for such
buildings are in Sections 120 and 130; theperformance compliance approach is explained in
Section 140.1; nonresidential prescriptive
packages are in Sections 140.2 to 140.9; andrequirements for additions, alterations, and repairs
to existing nonresidential buildings are in Section
141.
/C0068 The requirements for low−rise residential
buildings are in Part 6, Section 150. Specializedmandatory requirements for these buildings are in
Section 150.0; the performance compliance
approach is explained in Section 150.1;prescriptive packages are also in Section 150.1;and requirements for additions and alterations to
existing buildings are in Section 150.2.
/C0068 Additional direction relating to the Standards in
Part 6 are in the Reference Appendices: theResidential Appendices, the Nonresidential
Appendices, the Joint Appendices, and the
Alternative Calculation Method ApprovalManual.
/C0068 The administrative regulations for the Standards
are in Part 1, Chapter 10.
/C0068 The voluntary Reach Standards are in Part 11, the
Green Building Standards (CALGreen).
C. Summary of the Effect of the Proposed
Regulations
Overview
The 2019 Standards focus on three key areas: propos-
ing new requirements for installation of solar photo-voltaics for newly constructed low−rise residentialbuildings; updating current ventilation and Indoor Air
Quality (IAQ) requirements, including references to
ASHRAE 62.1 and 62.2; and extending Title 24 Part 6to apply to healthcare facilities. The 2019 standards alsopropose several smaller improvements in energy effi-
ciency, such as ef ficiency standards for laboratory fume
hoods, that are described in greater detail below.
In addition to updating the Standards in Title 24 Parts
1 and 6, the Energy Commission is also proposing up-
dates to the CALGreen energy efficiency provisions inTitle 24, Part 11, in a separate, parallel rulemaking.
The following is a list of the specific proposals cur-
rently included in the Express Terms. A detailed list of
all proposed changes, with descriptions of each change,is located in the Initial Statement of Reasons releasedconcurrently with this notice.CALIFORNIA REGULATORY NOTICE REGISTER 2018, VOLUME NO. 3-Z
 87Residential 
The proposed changes to the residential sections of
the Standards include prescriptive options reflectingupdates to building technologies and best practices, and
include the following:
/C0068 Adding new prescriptive requirements for
installing solar photovoltaic systems in newlyconstructed residential buildings, and specifyinguse of an Energy Design Rating in the performance
approach to compliance to support solar
photovoltaic requirements. In addition, JointAppendix 11 and 12 have been added to support
solar photovoltaic and battery storage systems
installed to comply with Part 6.
/C0068 For ventilation:
/C0100 References to ASHRAE 62.2 have been
updated to incorporate the current version by
reference. The current version moves
high−rise multifamily buildings from 62.1 to62.2, which is a significant change from prior
versions.
/C0100 Amendments to the current version of
ASHRAE 62.2 are proposed as found to be
appropriate to ensure efficiency and indoorair quality.
/C0100 Increasing air filter filtration requirements to
a Minimum Efficiency Reporting Value
(MERV) of 13, necessary for filtering out the
smallest category of potentially harmfulparticulates. This change includes requiring
that certain return grills accommodate a 2¨
filter depth, to ensure that MERV 13 filterscan be installed with little or no impact on
overall system performance.
/C0100 Extending air filtration requirements to apply
to supply−only ventilation systems and thesupply side of balanced ventilation systems.
/C0100 Changes to multifamily ventilation include
specifying that dwelling units may either use
balanced ventilation or verify leakage rateswith a blower door test.
/C0100 Extending HERS requirements to include
verifying HVI certification of kitchen range
hoods.
/C0100 Updating HERS procedures specified in the
Residential Appendix where needed tosupport the changes in Part 6.
/C0068 For attics, increasing the prescriptive R−value for
below roof deck insulation from R−13 to R−19./C0068 For walls, increasing prescriptive R−value
requirements from R19 fill and R5 continuousinsulation to R21 fill with R5 continuous
insulation, reflecting an overall decrease in the
performance U−factor for the assembly from0.051 to 0.048.
/C0068 For fenestration:
/C0100 Updating the definitions of “door” and
“glazed door” to match National Fenestration
Rating Council (NFRC) definitions. Thislowers the threshold for a door to be
considered a glazed door from 50% glazing
to 25% glazing.
/C0100 Updating the prescriptive U−factor for
windows from 0.32 to 0.30, and updating the
prescriptive Solar Heat Gain Coefficient(SHGC) required in Climate Zones 2 and
5−15 from 0.25 to 0.23.
/C0100 Adding QII to the prescriptive requirements
for newly constructed buildings.
/C0068 For lighting, JA8 has been revised to align testingrequirements with current federal, state and
ENERGY STAR test procedures. In addition, path
lights, step lights, and lighting internal to drawers,
cabinetry, and closets other than walk−in closets
have− new options for compliance.
/C0068 For water heating:
/C0100 The specifications for compact distribution
have been revised.
/C0100 New specifications for Drain Water Heat
Recovery have been added.
/C0100 An option for prescriptive compliance using
a heat pump water heater has been added.
/C0068 For furnaces, updating minimum fan efficacyrequirements to 45 cfm per watt.
/C0068 Adding addition and alteration requirements that
are specific to creating Accessory Dwelling Units.
Nonresidential
The proposed changes to the nonresidential sections
of the Standards include prescriptive options reflecting
updates to building technologies and best practices, and
include the following:
/C0068 Extending the Scope of Part 6 to healthcare
facilities, and incorporating several Exceptions to
ensure appropriate application of efficiency
standards.
/C0068 For ventilation:
/C0100 Updating references to ASHRAE 62.1 to
incorporate the current version by reference.CALIFORNIA REGULATORY NOTICE REGISTER 2018, VOLUME NO. 3-Z
 88/C0100 Updating filtration requirements to a
minimum MERV 13, necessary for filtering
out the smallest category of potentiallyharmful particulates.
/C0100 Updating equipment ef ficiency requirements
for cooling towers, and adding newefficiency requirements for adiabatic
condensers.
/C0100 Adding airflow requirements specific toSmall Duct High Velocity (SHDV) systems.
This resolves an issue of flow rates forstandard ducting being applied to SHDVsystems.
/C0068 For lighting:
/C0100 Updating prescriptive indoor and outdoorlighting power allowance values to assumethe use of LED lighting, and added new
Power Adjustment Factors for several
daylighting devices.
/C0100 Reducing wattage thresholds for Exceptions
to outdoor lighting controls to account forlower wattage LED fixtures.
/C0100 Updating the procedure for determining
installed lighting power to allow theefficiency of installed lamps to be
considered, and to create a more
comprehensive framework for evaluatingmodular lighting (including track lighting).
/C0100 Adding occupancy sensing requirements for
restrooms.
/C0100 Merging and standardizing the prescriptivealteration requirements for lighting controls,and limiting the projects that can proceedwithout determining the square footage of the
affected spaces.
/C0068 Adding requirements for laboratory fume hoods to
use efficient fans and incorporate automatic sash
closure.
/C0068 Updating requirements in several areas tomaintain alignment with ASHRAE 90.1:
/C0100 Fan system power requirements
/C0100 Equipment ef ficiency requirements
/C0100 Transfer air for exhaust air makeup
/C0100 Demand control ventilation requirements for
classrooms
/C0100 Occupant sensor ventilation controlrequirements (with amended setpoints)
/C0100 Waterside economizer requirements (with
amended minimum ef ficiency requirements)
Standards Cleanup 
The proposed changes to the Standards also include
changes throughout the regulations to clarify, simplify,and streamline the existing language and requirements.
The most significant of these changes are the following:
/C0068 Acceptance Test Training and Certification — The
changes to Title 24 Part 1, Sections 10−103.1 and
10−103.2 add requirements for ATTCPs to
disclose when an ATT or A TE is decertified, and to
include in their application the conditions andprocedures that apply to testers seeking to regain
certification. Smaller changes have also been
made to standardize the content of amendmentapplications and to adjust the on−site auditrequirements that apply to mechanical A TTCPs.
/C0068 Lighting — Sections 130.0, 130.1, 130.2, and
150.0(k) have been rewritten for clarity, inaddition to the changes noted previously. A newSection 130.1(f) has been added to clarify the
expected interactions of the lighting controls
required by Section 130.1.
/C0068 Alternative Calculation Method Approval Manual
— The changes to the Alternative Calculation
Method manual adopted as appendices to the
Standards permit the use of other simulationengines that produce results identical to theEnergy Commission’s CBECC software.
/C0068 Pipe Insulation — Requirements for pipe
insulation have been harmonized with thePlumbing Code, an ambiguity regardinginsulation of heat pump lines has been corrected,
and the requirements for protecting insulation
have been standardized between residential andnonresidential piping.
/C0068 Demand Responsive Controls — Requirements
throughout Part 6 for demand responsive
thermostats and lighting controls have beenconsolidated into one location in Part 6.
/C0068 Joint Appendix 1 — Definitions that are redundant
with the definitions in Part 6 have been removed.
/C0068 Joint Appendix 2 — This Appendix has been
amended to allow use of GIS software tools indetermining climate zone, and to move the zip
code list into a document that can be updated
between code revisions.
/C0068 Joint Appendix 5 —This Appendix has been
rewritten for clarity.
/C0068 Joint Appendix 7 — This Appendix has been
augmented to more clearly specify the
requirements applicable to data registries andexternal data sources and to do so at a greater level
of detail.
/C0068 Residential and Nonresidential Appendices —
The sections relating to Third  Party QualityControl Programs (TPQCPs) have been revisedfor clarity.CALIFORNIA REGULATORY NOTICE REGISTER 2018, VOLUME NO. 3-Z
 89D. Policy Statement Overview
The benefits anticipated from adopting these amend-
ments to T itle 24 Part 6 support a myriad of State policy
goals, including goals of improving California’s econo-
my, reducing pollution and carbon emissions, improv-
ing energy security, reducing consumption of imported
fuels and nonrenewable resources, maximizing the ben-
efit provided by California’s energy infrastructure andminimizing the need for additional energy infrastruc-
ture spending.
Energy ef ficiency allows each unit of generated ener-
gy to go farther and do more, which slows the growth indemand for new energy production. Reducing this
growth in demand also reduces the strain growth places
on California’s energy grid, and where demand is metby nonrenewable fuels, reduces the rate at which weconsume these fuels, the cost of procuring these fuels,
and the amount of pollutants released as these fuels are
consumed. Lastly, reducing this growth also reduces the
costs of transitioning California to renewable energyresources.
These avoided upstream costs, and the associated
monetary savings to consumers in lower monthly ener-
gy bills, frees up capital to flow through other areas ofCalifornia’s economy and improve the State’s overall
economic health.
IMPORTANT NOTE: The se proposed changes are
discussed in more detail in the Initial Statement of
Reasons that is being published simultaneously with
this NOPA .
Specific Benefits Anticipated from the 2019 Standards
The proposed Standards are expected to save Califor-
nia residents and businesses hundreds of millions ofdollars in energy costs over the next decade. These en-
ergy savings also benefit the environment due to the re-
ductions in natural resource utilization and greenhouse
gas emissions from energy production. The non−monetary benefits of the proposed Standards include
more reliable ventilation and better thermal comfort for
the health and welfare of building occupants. The pro-posed Standards also increase transparency in govern-
ment by improving the clarity and increasing the sim-
plicity of the Standards. In addition, the proposed Stan-
dards will help residential and nonresidential buildings
achieve California’s zero net ener gy goals.
Documents incorporated by reference into the 2019
Standards
The Energy Commission proposes to incorporate the
following documents by reference:
CALIFORNIA REGULATORY NOTICE REGISTER 2018, VOLUME NO. 3-Z
 90
All of these documents will be made available for re-
view at the Energy Commission during the rulemaking
action, and will continue to be available in the future bycontacting the agency contacts identified in this Notice.
All of these documents are also available directly from
the publishing entities, as described in the table above.CALIFORNIA REGULATORY NOTICE REGISTER 2018, VOLUME NO. 3-Z
 91All available contact information, including internet
addresses, physical addresses, and phone for these enti-
ties has been provided where possible.
These documents are incorporated by reference be-
cause it would be cumbersome, unduly expensive, and
otherwise impractical to publish them in the California
Code of Regulations. In addition, some of the docu-ments are copyrighted, and cannot be reprinted or dis-
tributed without violating the licensing agreements.
The documents are lengthy and highly technical testmethods and engineering documents that would add un-
necessary additional volume to the regulation. Distribu-
tion to all recipients of the California Code of Regula-
tions is not needed because the interested audience forthese documents includes only the technical and engi-
neering staff employed by builders, local building de-
partments, and environmental groups, most of whomare already familiar with these methods and documents.
COMPARABLE FEDERAL STATUTES
OR REGULATIONS
There are no federal energy standards applicable to
nonfederal buildings within the scope of Title 24 Part 6.
(The current and proposed California Standards do,however, reference federal energy standards for partic-
ular appliances .) Therefore, the proposed regulations
do not differ substantially from existing, comparablefederal regulations or statutes, as no such regulations or
statutes exist.
CONSISTENCY AND COMPATIBILITY WITH
EXISTING STATE REGULATIONS
The Energy Commission has conducted an evalua-
tion for any other regulations that are applicable to
buildings within the Scope of Title 24, Part 6 and for
which energy efficiency standards apply, and has con-cluded that the proposed regulations are neither incon-sistent nor incompatible with any other existing state
regulations. In the few cases identified where other
State or federal laws could potentially apply, specificlanguage was added to the Express Terms to ensure con-
sistency with applicable provisions of State and federal
law.
OTHER MATTERS PRESCRIBED BY STATUTE
APPLICABLE TO THE ENERGY COMMISSION,
OR TO ANY SPECIFIC REGULATION OR CLASS
OF REGULATIONS PROPOSED FOR ADOPTION
All of the laws applicable to the proposed Standards,
primarily Public Resources Code Sections 25402 and25402.1, are discussed above.POTENTIAL MANDATES ON LOCAL
AGENCIES OR SCHOOL DISTRICTS
The Energy Commission has determined that the pro-
posed regulatory action would not impose a new man-
date on local agencies. Existing law already obligates
local building departments to serve as enforcementagencies for the Standards (see Public Resources Code
Sections 25402(a)−(b), 25402.1). Existing law already
requires compliance with the Standards as they apply to
school buildings, and all other buildings, owned by lo-cal agencies (see California Code of Regulations, Title
24, Part 1, Chapter 14, Administrative Regulations for
the Department of Education). While the proposedStandards add requirements for schools and other build-
ing types owned by local agencies, those requirements
are the same as those applicable to all nonresidential
buildings regardless of owner. Moreover, the proposed
Standards recognize the unique characteristics of relo-catable school buildings, and they establish procedures
to facilitate compliance by relocatables. Finally, the
Standards for schools, and for all other buildings, arecost effective, and they will thereby reduce the costs of
building and operating school buildings over their use-
ful life.
ESTIMATE OF COSTS OR SA VINGS
See the Economic and Fiscal Analysis (Form 399),
published simultaneously with this NOPA, for com-
plete details. To summarize:
A. Total statewide costs and benefits: The Standards
are estimated to deliver $3,870 million in benefits
at a cost of $2,170 million, for a cost−ef fectiveness
ratio of 1.78 to 1.
B. Cost or savings to any state agency:  Buildings
owned and occupied by state agencies are required
to comply with the Standards, as are all other
nonresidential buildings. State agencies willbenefit from reduced energy bills that more thanpay for the costs of the Standards.
C. Cost to any local agency required to be
reimbursed under Part 7 (commencing with
Section 17500) of Division 4 of Title 2 of theGovernment Code:  The Standards do not result in
new mandates to local agencies. Buildings owned
and occupied by local agencies are required to
comply with the Standards as any othernonresidential building. Local agencies willbenefit from reduced energy bills that more than
pay for the costs of the Standards.
D.Cost to any school district required to be
reimbursed under Part 7 (commencing withSection 17500) of Division 4 of Title 2 of theGovernment Code: School buildings are coveredCALIFORNIA REGULATORY NOTICE REGISTER 2018, VOLUME NO. 3-Z
 92by the Standards, and the Administrative
regulations of the Division of the State Architect
require public school buildings to comply with the
Standards. Costs of complying with the Standards
are not required to be reimbursed. Schools benefit
from reduced energy bills, and these reductionsfully of fset the costs of the Standards over time.
E. Other nondiscretionary cost or savings imposed
on local agencies: The Standards do not result in
new mandates to local agencies, and thus do notresult in any costs or savings imposed on local
agencies (excepting the indirect benefit of reduced
building energy costs).
F. Cost or savings in federal funding to the state:
While the Energy Commission does receive
federal funding for the Building Standardsprogram, the updates proposed to the Standards do
not alter or affect the State’s ongoing participation
in federal funding programs. For this reason, theproposed updates will not result in either costs orsavings in federal funding to the state, except that
updating the Standards and continuing the
Building Standards program allow the State tocontinue to receive and spend federal fundingrelating to this program.
INITIAL DETERMINATION OF NO
SIGNIFICANT STATEWIDE ADVERSE
ECONOMIC IMPACT ON BUSINESSES,
DECLARATION OF EVIDENCE
The Energy Commission has completed an Econom-
ic and Fiscal Analysis and made an initial determination
that the adoption of the proposed Standards will not
have a significant statewide adverse economic impacton businesses, including the ability of California busi-nesses to compete with business in other states, as is de-
scribed in more detail below.
A. Identification of the types of businesses that
would be affected.
The Standards will require energy efficiency mea-
sures for all newly constructed buildings, but thosemeasures are cost−ef fective, so businesses will experi-
ence a positive economic impact. Indirectly, the Stan-
dards will require changes in practice, and the retraining
of employees, in businesses that are involved in the de-
sign and construction of buildings, in compliance anal-
ysis and documentation, and in field verification. Anycosts attributable to such changes and retraining would
be short−term, since the incremental cost increases for
new technologies will not persist once these technolo-
gies become mainstream, and building practice changes
requiring retraining will not result in ongoing cost in-creases. In any case, these incremental constructioncost increases would ultimately be borne by the benefi-
ciary of the Standards, the entity paying reduced energy
bills.
B. A description of the projected reporting, record
keeping, and other compliance requirements thatwould result from the proposed action.
Most  reporting, record keeping, and compliance du-
ties associated with the Standards do not change. New
acceptance requirements for nonresidential buildings
will formalize and standardize documentation, butthese requirements exist in a less structured way in thecurrent Standards. Documentation authors who specify
measures requiring field verification will need to notify
a professional who will perform the acceptance tests,but this notification can be done by phone or electroni-
cally in very little time. Any such costs would, there-
fore, be insignificant, and to the extent they exist, would
ultimately be borne by the beneficiary of the Standards,
the entity paying reduced energy bills.
C. Evidence relevant to the Energy Commission’s
initial determination that the adoption of the proposed
Standards will not have a significant statewide
adverse 
economic impact.
The basis for the Energy Commission’s findings on
economic impacts is that the Standards are cost−
effective, and therefore will have a beneficial economic
impact on the owners and occupants of buildings builtto comply with the Standards. Evidence for the cost−
effectiveness of the Standards requirements is con-
tained in the “Documents Relied Upon” listed in the Ini-
tial Statement of Reasons and on the Energy Commis-sion’s website.
COST IMPACT ON REPRESENTATIVE PRIV ATE
PERSONS OR BUSINESSES
The Energy Commission has determined that energy
bill savings in excess of compliance costs will be re-ceived by all private persons and businesses directly af-
fected by the proposed Standards. The Energy Com-
mission estimates that an average of $10,538 additional
single family residential construction costs may resultfrom the proposed Standards. This estimate is likely
more than what will be realized, since it does not ac-
count for volume pricing or reductions in technologycosts once these technologies are provided to a mass
market. These costs are estimated to result in $16,251 in
net present savings in avoided energy bill costs.
The Energy Commission estimates that the nonresi-
dential Standards may result in an incremental con-
struction cost of $10,280 for a 15,000 square foot build-
ing, slightly less than five percent of typical construc-tion costs for this building size. This estimate is alsosubstantially higher than what will likely be realized,CALIFORNIA REGULATORY NOTICE REGISTER 2018, VOLUME NO. 3-Z
 93due to the fact that this cost estimate includes all pro-
posed changes to the nonresidential Standards, but an
individual building built under these Standards will not
need to include every new efficiency measure in theproposed Standards. These costs are estimated to resultin $38,016 in net present savings in avoided energy bill
costs.
Table 1 summarizes the expected costs and net
present value energy bill savings for all new homes and
buildings expected to be permitted in 2020.
Table 1. Summary of Statewide Costs and Energy Bill Savings
ASSESSMENT OF THE EFFECTS OF THE
PROPOSED STANDARDS ON JOBS AND
BUSINESS EXPANSION, ELIMINATION,
OR CREATION
The Energy Commission has made a preliminary as-
sessment on whether, and if so to what extent, the pro-
posed Standards will af fect the following:
A. The creation or elimination of jobs  within the
State of California.
Jobs will not be eliminated; the benefits to energy ef-
ficiency slow the growth in demand anticipated for Cal-
ifornia’s rising population and growing economy, andare not sufficient to ca use total demand for energy to de-
cline. In addition, California’s investor−owned utilities
are reimbursed for successful deployment of energy ef-ficiency, so that the avoided consumption by consumers
is not imposed as a cost upon these utility companies.
It is possible that new jobs may be created as a result
of the new compliance procedures. In addition, because
the Standards will save hundreds of millions of dollars
in energy costs, there will be more money in the econo-my that can be used for job creation.
B. The creation of new businesses or the elimination
of existing businesses within the State of California.
Businesses will not be eliminated. It is possible that
new businesses will be created to provide field verifica-
tion and other compliance services, and to supply ener-
gy efficiency products.
C. The expansion of businesses currently doing
business with the State of California.
It is likely that businesses currently doing business in
California to provide ener gy−ef ficiency products and
services, as well as sale and installation of solar photo-
voltaic systems, will be expanded.D. Benefits of the proposed standards to the health
and welfare of California residents, to worker safety,
and to the state’s environment .
The proposed Standards modify existing field verifi-
cation tests, add new verification tests, and add new
equipment specifications that will improve ventilation
system installations and operations. This will benefitthe health and welfare of building occupants, who aretypically California residents, as well as workers in
these buildings. The proposed Standards should have
no effect on worker safety. The increases in energy andwater efficiency stringency in the proposed Standardswill benefit California’s environment by reducing the
consumption of natural resources and the greenhouse
gas emissions that the use of these resources generate.
FINDING OF NECESSITY FOR THE PUBLIC’S
HEALTH, SAFETY , OR WELFARE
The proposed Standards require a report as described
in the “Initial Determination of no Significant
Statewide Adverse Economic Impact on Business,Declaration of Evidence” section of this document. It is
necessary for the health, safety, or welfare of the people
of the state that the proposed Standards apply to
businesses.
INITIAL DETERMINATION OF SIGNIFICANT
EFFECT ON HOUSING COSTS
The Energy Commission has made an initial determi-
nation that the proposed Standards would have a signif-
icant effect on housing costs, as described in the CostImpacts section above. The initial costs of housing con-
struction will rise, but homeowners and occupants will
be the beneficiaries of energy bill savings substantially
in excess of the marginal increase in initial costs, so the
net result will be more af fordable housing.CALIFORNIA REGULATORY NOTICE REGISTER 2018, VOLUME NO. 3-Z
 94A detailed analysis of the estimated costs and benefits
of the proposed regulations is available in the Economicand Fiscal Impact Statement accompanying the Initial
Statement of Reasons for this rulemaking.
CONSIDERATION OF ALTERNATIVES
The Energy Commission has made a preliminary de-
termination that no reasonable alternative considered
by it, or that has otherwise been identified and brought
to its attention, would be more effective in carrying outthe purpose for which the action is proposed or would
be as effective and less burdensome to affected private
persons than the proposed action, or would be more
cost−ef fective to affected private persons and equally
effective in implementing the statutory policy or other
provisions of law.
A rulemaking agency must determine in the Final
Statement of Reasons that  no reasonable alternative
considered by the agency or that has otherwise been
identified and brought to the attention of the agency
would be more ef fective in carrying out the purpose for
which the action is proposed, would be as effective and
less burdensome to affected private persons than the
proposed action, or would be more cost−effective to af-
fected private persons and equally effective in imple-
menting the statutory policy or other provision of law.
A V AILABILITY OF
RULEMAKING DOCUMENTS
All of the information on which the proposed Stan-
dards are based is contained in the rulemaking file,
which is available for public review at the Energy Com-
mission’s Dockets Office, by contacting the persons
named below, or on this website: http://www.
energy.ca.gov/title24/2019standards/ .
This notice, the express terms, and the initial state-
ment of reasons can also be accessed from the Califor-
nia Building Standards Commission website:
http://www.bsc.ca.gov/ .
Documents incorporated by reference that are subject
to copyright can be inspected on−site at the Energy
Commission by contacting the Energy Commission
contact persons named below.
If the proposed Standards are adopted, interested par-
ties may obtain a copy of the Final Statement of Rea-
sons once it has been prepared either by going to this
website, or by making a written request to the contact
person named below.CONTACT PERSONS FOR PROCEDURAL AND
ADMINISTRATIVE QUESTIONS
Questions on procedural and administrative issues
should be addressed to:
Adrian Ownby
CALIFORNIA ENERGY COMMISSION1516 Ninth Street, MS−25 
Sacramento, CA,95814
(916) 651−3008Email: adrian.ownby@ener gy.ca.gov
CONTACT FOR SUBSTANTIVE AND
TECHNICAL QUESTIONS
Questions on the substantive content of the NOPA,
ISOR, Express Terms, and other rulemaking docu-
ments, including technical questions regarding pro-
posed amendments to regulation, should be addressedto:
Payam Bozorgchami, PE
CALIFORNIA ENERGY COMMISSION1516 Ninth Street, MS−37 
Sacramento, CA 95814
(916) 654−4618Email:payam.bozorgchami@energy.ca.gov
or
Peter Strait
CALIFORNIA ENERGY COMMISSION1516 Ninth Street, MS−37 
Sacramento, CA 95814
(916) 651−2817Email:peter.strait@energy.ca.gov
PUBLIC PARTICIPATION
For assistance in participating in the rulemaking pro-
ceeding, please contact the Ener gy Commission’s Pub-
lic Adviser’s Office, at (916) 654−4489, toll free at
(800) 822−6228, or by email at publicadviser@ ener-
gy.ca.gov .
If you have a disability and require special accommo-
dations to attend or participate in a hearing, please con-
tact Poneh Jones at (916) 654−4425 or by email atponeh.jones@energy.ca.gov
 five days before the
hearing.
FINAL STATEMENT OF REASONS
If the proposed amendments are adopted, the Energy
Commission will prepare a Final Statement of Reasons.
This document will update the Initial Statement of Rea-CALIFORNIA REGULATORY NOTICE REGISTER 2018, VOLUME NO. 3-Z
 95sons and respond to public comments. It will be posted
on the Energy Commission’s website for this proceed-
ing described below, and will be distributed to interest-ed persons subscribed to the Building Standards list−
server described above. This document may also be ob-
tained after the conclusion of the rulemaking by con-tacting Adrian Ownby at (916) 651−2915 or by email at
adrian.ownby@energy.ca.gov
.
WEBSITE INFORMATION
This NOPA, the Initial Statement of Reasons, the Ex-
press Terms, any 15−Day Language issued subsequent-ly, and all other relevant rulemaking documents can be
accessed at the Energy Commission’s website at:
http://www.energy.ca.gov/title24/2019standards/
GENERAL PUBLIC INTEREST
DEPARTMENT OF CORRECTIONS AND
REHABILITATION
NOTICE OF CHANGE OF DATE OF
REGULATORY HEARING AND EXTENSION
OF PUBLIC COMMENT PERIOD
NOTICE IS HEREBY GIVEN that the California
Department of Corrections and Rehabilitation (CDCR)
has rescheduled a regulatory hearing originally
scheduled for February 19, 2018, at 10:00 a.m., at the
Kern/Colorado Room, 1515 S Street, Sacramento, Cali-
fornia 95811. The hearing is regarding proposed
amendments to California Code of Regulations, Title15, Division 3, Sections 3177 and 3315 regarding Fami-ly Visiting (Overnight) and Inmate Discipline. The No-
tice was originally published on December 29, 2017 in
Notice Register 2017, No. 52−Z.
The new date and location of the regulatory hearing is
as follows:
Date of Hearing: February 22, 2018
Address: California Department of 
Corr ections and Rehabilitation 
1515 S Street, Kern/Colorado 
Room  
Sacramento, California 95811
Time: 10:00 a.m.The public comment period has also been extend-
ed. Written comments, including those sent by mail or
e−mail to the addresses listed under Contact Person 
in
this Notice, must be received by CDCR at its office no
later than 5:00 p.m. on February 22, 2018, or must be re-
ceived by CDCR at the hearing.
CONTACT PERSON
If you have any questions or comments, you may di-
rect them to:
Anthony Carter, CCII
Regulation and Policy Management Branch 1515 S St. 
Sacramento, California 95811 
Telephone: (916) 445−2220 E−Mail Address for comments: RPMB@cdcr.ca.gov
DEPARTMENT OF FISH AND
WILDLIFE
CALIFORNIA ENDANGERED SPECIES ACT
CONSISTENCY DETERMINATION
NO. 2080−2017−010−05
Project: Rice Ranch Development
Location: Orcutt, Santa Barbara County, 
California 
Applicant: John Scardino, Highlands at 
Double R, LLC
Notifier: C. Lee Sherrod, President Horizon 
Environmental Services, Inc.
Background
John Scardino (Applicant) proposes to develop the
Rice Ranch (Project) a 586.31 — acre planned residen-
tial commu nity offering up to 793 single−family homes
in six distinct neighborhood settings. A new school site,
the expansion of an existing school site, parks, openspace, and supporting infrastructure are also included in
the Project. The Project will require heavy equipment
(e.g., water truck, excavator, backhoe, loader, flatbedtrailer), and all necessary equipment needed to fully de-
velop a residential site. Total duration of covered activi-
ties will take approximately 10−15 years to complete in
phases. The Project is located southeast of State High-way 135 and west of US 101 in Orcutt, in northern Santa
Barbara County.