Home control of thermostats would be guaranteed under a new bill introduced in the state Legislature.

The bill would forbid the California Building Standards Commission from mandating thermostats that are remote-controlled by anyone other than the building's resident. Called Senate Bill 1491, the bill by State Sen. Tom McClintock, R-Thousand Oaks, is in draft form.

The California Energy Commission attempted earlier this year to mandate so-called "programmable communicating thermostats" in new and substantially remodeled homes. Utilities seeking to cut power consumption as shortages developed could have used a remote control device in the thermostat to override customer control. The device would not have been removable by the customer.

After an intense public outcry, the commission rejected the proposal at its Jan. 30 meeting.

McClintock's bill would forbid the California Building Standards Commission from mandating such remote control. The commission has ultimate authority among state agencies over building standards. The bill specifies that voluntary installation of the thermostats could be allowed in a building standard.

SB 1491 is to be considered by the Senate's policy committee, and no date has been set, McClintock said Wednesday.

"The intent of the bill is to assure that unelected bureaucrats can't become so intrusive as to seek to monitor and control personal decisions like what temperature we can set our thermostats," McClintock said.

"The Legislature itself would have to vote to permit that," McClintock said. "My suspicion is the voters would have something to say about that."

If the bill becomes law, mandatory thermostat control will require a vote of the California Legislature, McClintock said.

However, Michael Shames, executive director of San Diego's Utility Consumers' Action Network, who opposed the mandatory proposal, said the bill goes too far.

"This draft bill effectively prohibits the commission from mandating (thermostats) with remote communication," Shames said. "This effectively frustrates efforts by California to move to the 21st century in energy.

"Had he limited his legislation to just the offending language in the draft (regulations) that prohibited emergency override, he'd have done fine," Shames said.

Shames supports the voluntary use of utility-controlled thermostats to manage the state's electricity grid and to help customers better plan their power use. He opposed the California Energy Commission's proposal because of its involuntary nature.

Contact staff writer Bradley J. Fikes at (760) 739-6641 or bfikes@nctimes.com.