An act to add Section 25402.17 to the Public Resources Code, relating to energy.
Summary
AB 368 adds Section 25402.17 to the Public Resources Code and directs the State Energy Resources Conservation and Development Commission (the Energy Commission) to study passive house building standards. The bill does not itself adopt passive house standards into California’s building code; instead, it requires the commission to evaluate whether passive house energy efficiency standards are cost-effective in each California climate zone, using commission-adopted metrics such as long-term system cost.
The commission must also examine the two passive house energy models currently used for passive house certification and compare the cost-effectiveness of passive house construction with existing construction under Title 24 building standards. The bill requires the commission to complete this evaluation in a manner consistent with existing statutory requirements governing cost-effectiveness analyses for building standards, and to submit a report to the Legislature by July 1, 2028, with findings and recommendations. The reporting requirement becomes inoperative on January 1, 2032.
Impact
AB 368 affects the Public Resources Code provisions governing the Energy Commission’s authority over building energy standards, but it does not directly change building code requirements for new residential or nonresidential construction. Its practical effect is to create a formal state study and reporting mandate that could inform future updates to Title 24 energy standards and any later consideration of passive house requirements or incentives. The bill primarily affects the Energy Commission, the Legislature, and stakeholders in the building, architecture, and energy-efficiency sectors who may be impacted by future code decisions.
Sentiment
The bill appears to have been broadly supported and noncontroversial in the legislative process. The voting history shows unanimous or near-unanimous approval at each recorded stage, including committee votes and floor votes, with no recorded opposition votes. That pattern suggests general agreement that the state should gather more data before deciding whether passive house standards are suitable for broader adoption.
Contention
There is little evidence of major contention in the available record, but the bill’s subject matter implies a likely policy debate over cost versus energy performance. Supporters would favor a rigorous state evaluation of passive house standards as a pathway to deeper energy savings and lower long-term operating costs, while any skeptics would likely focus on upfront construction costs, feasibility across different climate zones, and whether passive house modeling requirements are appropriate for California’s existing regulatory framework. Because the bill only requires evaluation and reporting, rather than mandating adoption, those concerns were not reflected in the recorded votes.
An act to add amend Section 12405 to 12203 of the Public Contract Code, and to amend Sections 42920 and 42926 of the Public Resources Code, relating to solid waste.
An act to amend Sections 7922.535 and Section 7923.600 of, and to add Section 7923.606 to, the Government Code, and to amend Section 25152.5 of the Health and Safety Code, relating to public records.
An act to amend Sections 51178 and 51181 of the Government Code, and to amend Sections 4202 and 4204 of the Public Resources Code, relating to land use.