Residential windows: retrofitting: residential window replacement projects: California Building Code compliance.

The historical resource exemption in Section 65850.73(h)(1) was narrowed. Previously, a residential building individually listed in the State Historic Resources Inventory OR designated on the California Register of Historical Resources was exempt. Now only buildings individually designated on the California Register of Historical Resources are exempt. This means more buildings will be subject to the mandatory administrative approval for window replacement projects.

The term 'residential structure building' was changed to 'residential building' throughout the bill, and 'existing structure building' was changed to 'existing building.' This is a terminology simplification with no apparent change in meaning.

Section 4754(f) definitions were reorganized. The definition of 'Housing development project' (which cross-referenced Government Code Section 65589.5) was removed and replaced with a cross-reference defining 'Residential window replacement project' by pointing to the new Government Code Section 65850.73.

The legislative counsel's digest was expanded to provide a more detailed summary of the bill's provisions, including the void and unenforceable language, the exceptions for reasonable installation and aesthetic restrictions, and the conditions associations may impose on window replacement projects involving common area windows.

Section 4754(a) now explicitly covers covenants, restrictions, and conditions in deeds, contracts, security instruments, and other transfer instruments (not just governing documents), and extends protection to exclusive use common area windows and common area windows designed to exclusively serve a single owner's separate interest. Such provisions are declared 'void and unenforceable' rather than merely prohibited.

The historical resource exemption in Government Code Section 65850.73(h) is expanded to include structures designated on the California Register of Historical Resources, in addition to those in the State Historic Resources Inventory or a local register. The term 'residential structure' is changed to 'residential structure building' throughout.

New exception allows reasonable aesthetic restrictions on window replacement projects, but only in multifamily residential buildings of more than 20 units that do not include townhomes, and only when the restrictions modify the exterior visual appearance of a window. Restrictions still cannot require materials that would make the window non-compliant with the California Energy Code.

New Section 4754(d) requires associations to process window replacement applications in the same manner as architectural modification applications under Section 4765, mandates written approval or disapproval, and establishes a 45-day deemed-approval deadline (unless the owner failed to provide requested information). Associations must approve projects that comply with the reasonable restrictions permitted by the section.

New Section 4754(e) imposes specific conditions when replacing windows that are exclusive use common area, designated as common area for exclusive use of one owner, part of a separate interest but installed in a common area structure, or common area windows designed to exclusively serve one owner. Owners must obtain association approval, hire a licensed contractor, obtain permits, and pay installation costs. Successive owners inherit maintenance, repair, damage, and disclosure obligations. Associations may require title recording of notice and installer indemnification.

New definitions establish that 'significantly decrease the energy efficiency' means a decrease exceeding 10 percent as originally specified and proposed, and 'significantly increase the cost' means an increase exceeding 10 percent of the cost as originally specified and proposed.

A new severability clause (Section 3) provides that if any provision or its application is held invalid, the remaining provisions continue in effect. Existing sections are renumbered accordingly.

Subdivision (d) of Section 65850.73 removed the inline qualifier limiting the no-discretionary-review prohibition to projects that replace windows of the same size in the same location with no physical alterations. The provision now simply states local governments shall not require discretionary review or a hearing for 'a residential window replacement project.' Since the definition already contains those requirements, this is primarily a simplification rather than an expansion.

Subdivision (g) changed from 'A city, county, or local government that is both a city and county' to simply 'A local government that is both a city and county,' narrowing the restriction on conditions for windows in housing development projects to only city-and-county governments (i.e., San Francisco).

Added a new defined term 'local register of historical resources' (referencing Public Resources Code Section 5020.1(k)) and expanded the historical resource exemption in subdivision (h)(2) to cover structures listed as 'contributors to a multicomponent resource,' not just individually listed structures.

Added explicit exception in subdivision (h)(2)(B): the local register exemption does not apply to a structure designated as historical based primarily on its age. This makes clearer what was previously addressed only indirectly in the old language about ordinances designating multiple properties solely by age.

Throughout the bill, the phrase 'replacing existing residential windows with California Energy Code-compliant windows' was replaced with 'completing a residential window replacement project' or 'a residential window replacement project,' consolidating reliance on the statutory definition and reducing redundancy.

A new definition of 'residential window replacement project' was added to both Civil Code Section 4754 and Government Code Section 65850.73. The project must: (1) replace existing windows with windows of the same size in the same location, (2) involve no physical alterations beyond what is necessary for installation, and (3) comply with all applicable California Building Standards Code provisions including the Residential Code, Building Code, Fire Code, Wildland-Urban Interface Code, and Energy Code.

A new Section 3 was added making legislative findings that a special statute is necessary for the City and County of San Francisco due to its unique development regulations, satisfying the constitutional requirement (Article IV, Section 16) when a bill applies specifically to a city-and-county. The old Section 3 (reimbursement) was renumbered as Section 4.

Throughout the bill, references to simply 'replacing existing residential windows' were replaced with the defined term 'residential window replacement project,' narrowing the scope of protections to projects that meet all three criteria in the new definition (same size, same location, no structural alterations, full code compliance).

In Government Code Section 65850.73(g), a new condition was added: the protection against local governments imposing conditions on Energy Code-compliant windows in housing development projects now only applies 'provided that the window complies with all applicable provisions of the California Building Standards Code (Title 24),' including the Residential Code, Building Code, Fire Code, Wildland-Urban Interface Code, and Energy Code.

References to 'a city, county, or city and county' were changed in some places to 'a city, county, or local government that is both a city and county,' likely to align with the new San Francisco special statute finding.

The bill now extends its protections to 'housing development projects' as defined in Government Code Section 65589.5(h)(2), not just individual residential window replacements. This means new construction and redevelopment projects that include windows must use Energy Code-compliant windows without local governments being able to impose additional conditions beyond objective health and safety requirements.

The prior version included a separate section (Section 1) stating the Legislature's intent to enact subsequent legislation making technical and clarifying changes to transit-oriented development laws (Chapter 4.1.5, as enacted by SB 79) and to add San Francisco Bay area ferry terminals to that chapter's scope. This entire provision has been removed.

A new subdivision (g) in Government Code 65850.73 prohibits cities, counties, or city and counties from imposing any conditions on California Energy Code-compliant windows proposed in a housing development project other than objective conditions necessary to mitigate a specific adverse impact on public health or safety, and requires written findings based on substantial evidence.

Civil Code Section 4754(b) is expanded so that governing documents of common interest developments cannot only limit or prohibit window replacement but also cannot 'impose any requirements on California Energy Code-compliant windows in a housing development project.'

A new definition of 'housing development project' is added to both Civil Code Section 4754 and Government Code Section 65850.73, incorporating by reference the definition in Section 65589.5(h)(2) of the Government Code.

The historical resource exemption in subdivision (h)(2) is broadened to also cover 'a residential structure on a site designated as a historical resource on a local register,' in addition to structures individually designated or listed as city or county landmarks under ordinance.

The bill now covers residential window replacement in addition to its original transit-oriented development intent statement. The title was expanded to reference new Civil Code and Government Code sections relating to windows.

The window replacement provisions do not apply to residential structures individually listed in the State Historic Resources Inventory (if designated before the application is submitted) or individually designated as city or county landmarks. District, neighborhood, or age-based designations do not qualify as individual landmark designations.

The bill now declares window retrofitting a matter of statewide concern rather than a municipal affair, meaning it applies to all cities including charter cities. Senator Wahab was added as coauthor.

New Civil Code Section 4754 prohibits governing documents of common interest developments (HOAs, condominiums) from limiting or prohibiting owners from replacing existing residential windows with California Energy Code-compliant windows.

New Government Code Section 65850.73 requires cities, counties, and city and counties to administratively approve applications to replace existing residential windows with California Energy Code-compliant windows.

Local governments may not deny a window replacement permit unless they make written findings, based on substantial evidence, that the replacement would have a specific adverse impact on public health or safety with no feasible method to mitigate or avoid that impact.

Local governments are prohibited from requiring discretionary review or a hearing for window replacement projects that do not involve physical alterations beyond what is necessary to install the new windows.

'California Energy Code-compliant windows' is defined as windows meeting or exceeding mandatory requirements for fenestration products and exterior doors under Section 110.6 of the California Energy Code (Part 6, Title 24, CCR) or a subsequent code section adopted in the most recent triennial cycle.

The bill states no state reimbursement is required because local agencies have authority to levy service charges, fees, or assessments sufficient to cover the mandated program costs.