Assembly BillVetoedPublic Resources
AB 738: Energy: building standards: photovoltaic requirements.
What AB 738 does, verified March 9, 2026
This bill would require residential construction in disaster areas to comply only with the existing photovoltaic system requirements, if any, that were in effect when the original building was constructed. The bill would apply to buildings where the owner's income is below a certain threshold and insurance coverage is also below a certain threshold, and the construction area is limited to a certain square footage. The state would not be responsible for reimbursing local agencies for the costs associated with implementing this bill.
Bill journey
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Last action: Consideration of Governor's veto stricken from file. (2026-01-22)Alert me
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| Jan. 22, 2026 | Consideration of Governor's veto stricken from file. |
| Jan. 22, 2026 | Stricken from file. |
| Oct. 06, 2025 | Consideration of Governor's veto pending. |
| Oct. 06, 2025 | Vetoed by Governor. |
| Sep. 23, 2025 | Enrolled and presented to the Governor at 4 p.m. |
Latest bill textEnrolled version, September 15, 2025 · 716 words
| Enrolled September 15, 2025 |
| Passed IN Senate September 11, 2025 |
| Passed IN Assembly May 19, 2025 |
| Amended IN Assembly April 09, 2025 |
CALIFORNIA LEGISLATURE— 2025–2026 REGULAR SESSION
Assembly Bill
No. 738
| Introduced by Assembly Members Tangipa and Patterson |
February 18, 2025 |
An act to add and repeal Section 25402.18 of the Public Resources Code, relating to energy.
LEGISLATIVE COUNSEL'S DIGEST
AB 738, Tangipa. Energy: building standards: photovoltaic requirements.
Existing law authorizes the State Energy Resources Conservation and Development Commission to prescribe, by regulation, lighting, insulation, climate control system, and other building design and construction standards that increase efficiency in the use of energy and water for new residential and new nonresidential buildings, and energy and water conservation design standards for new residential and new nonresidential buildings. Pursuant to this authority, the commission has adopted regulations requiring solar-ready buildings and for the installation of photovoltaic systems meeting certain requirements for low-rise residential buildings built on or after January 1, 2020.
This bill would, until January 1, 2028, require residential construction intended to repair, restore, or replace a residential building damaged or destroyed as a result of a disaster in an area in which a state of emergency has been proclaimed by the Governor to comply only with the requirements regarding photovoltaic systems pursuant to those regulations, if any, that were in effect at the time the damaged or destroyed building was originally constructed and would prohibit that construction from being required to comply with any additional or conflicting photovoltaic system requirements in effect at the time of repair, restoration, or replacement. The bill would only apply to the construction of a building if certain conditions are met with respect to the building owner’s income and insurance coverage and to the location and square footage of the construction.
Because a local agency would be required to determine whether any older applicable photovoltaic requirements are met, this bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
The people of the State of California do enact as follows:
SECTION 1.
Section 25402.18 is added to the Public Resources Code, to read:25402.18.
(a) Notwithstanding other law, residential construction intended to repair, restore, or replace a residential building damaged or destroyed as a result of a disaster in an area in which a state of emergency has been proclaimed by the Governor pursuant to Chapter 7 (commencing with Section 8550) of Division 1 of Title 2 of the Government Code shall comply with requirements regarding photovoltaic systems pursuant to regulations prescribed pursuant to subdivisions (a) and (b) of Section 25402, if any, that were in effect at the time the damaged or destroyed residential building was originally constructed and shall not be required to comply with any additional or conflicting photovoltaic system requirements in effect at the time of repair, restoration, or replacement.(b) This section only applies when all of the following conditions are met:
(1) The income of the owner of the residential building is at or below the median income for the county in which the residential building is located as determined by the Department of Housing and Community Development state income limits.
(2) The square footage of the residential building after the new construction will not exceed the square footage of the residential building at the time it was damaged or destroyed.
(3) The new construction is located on the site of the residential building that was damaged or destroyed.
(4) The owner of the residential building did not have code upgrade insurance at the time the residential building was damaged or destroyed.
(c) This section shall remain in effect only until January 1, 2028, and as of that date is repealed.
SEC. 2.
No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because a local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act, within the meaning of Section 17556 of the Government Code.Text of AB 738 as enrolled, from the official record. Connect Plus keeps every version and highlights what changed.Compare versions