BILL NUMBER: AB 2928	AMENDED
	BILL TEXT

	AMENDED IN SENATE  AUGUST 28, 2006
	AMENDED IN SENATE  AUGUST 7, 2006
	AMENDED IN ASSEMBLY  MAY 25, 2006
	AMENDED IN ASSEMBLY  APRIL 5, 2006

INTRODUCED BY   Assembly Members Laird and Lieu
   (Coauthors: Assembly Members Hancock and Koretz)

                        FEBRUARY 24, 2006

   An act to add Part 5.5 (commencing with Section 71450) to Division
34 of the Public Resources Code, relating to environmental
protection.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 2928, as amended, Laird  Green building construction: 
voluntary  guidelines.
   Existing law sets forth various requirements for energy and design
efficiency in the construction and renovation of state buildings.

   This bill would require the California Integrated Waste Management
Board, by January 1, 2008, to develop, adopt, and make available
voluntary green building guidelines for residential home
construction. The bill would require the guidelines developed by the
board to include measures regarding energy, water, and materials
efficiency, indoor environmental quality, innovation and design
process, and a method for determining life-cycle cost. The bill would
require the board to develop the voluntary guidelines by
coordinating efforts with state agencies, as specified, and in
consultation with specified public and private sector organizations,
and in adopting guidelines, to consider specified aspects of existing
relevant guidelines, as specified.  
   The bill would require the board to develop, adopt, and make
available information to local agencies on promoting the use of those
guidelines and would authorize the board to provide related
technical assistance and training to local agencies.  
   This bill would require the California Building Standards
Commission (commission), by January 1, 2009, to coordinate and
publish voluntary green building guidelines for residential home
construction. The bill would require the voluntary guidelines to
include measures regarding energy, water, and materials efficiency,
indoor environmental quality, innovation and design process, and a
method for determining life-cycle cost. This bill would require that
specified state agencies, with a particular expertise, develop the
voluntary guidelines related to their particular area of expertise in
consultation with specified public and private sector organizations,
and considering specified aspects of existing relevant guidelines.
The bill would require the state agencies to submit those guidelines
to the commission, and the commission would be required to carry out
a coordinating role in gathering input, eliminating conflict,
eliminating duplication, getting feedback, and formatting the
guidelines for publication.  
   The bill would require the voluntary guidelines to be published
through Internet Web sites, and other means as appropriate. The bill
would require that the commission's review be limited, as specified,
in publishing these guidelines as one or more appendices to the
California Building Standards Code. The bill would also require that
the commission coordinate the compilation of, and make available to
local agencies, information on promoting the use of these guidelines,
and would authorize the commission to coordinate technical
assistance and training for local agencies. The bill would authorize
any state agency or interested organization to recommend
modifications of these guidelines to the commission, as specified.

   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Part 5.5 (commencing with Section 71450) is added to
Division 34 of the Public Resources Code, to read:

      PART 5.5.  Green Building Guidelines

   71450.  The Legislature hereby finds and declares all of the
following:
   (a) In 2005, the state had approximately 12.9 million existing
housing units and, in 2003, construction investment in the state for
new residential housing totaled thirty-four billion dollars
($34,000,000,000).
   (b) The construction of a 2,000 square foot home generates three
to five tons of waste. Cumulatively, California residences use
approximately 5.6 million acre-feet of applied water annually, and
the residential sector accounts for roughly 31 percent of the
electricity consumed in the state.
   (c) The state is committed to providing leadership on energy,
environmental, and public health issues by implementing innovative
and resource-efficient building design practices and other programs
that improve the lives of the state's 34.5 million residents.
   (d) Green building practices utilize energy, water, and materials
efficiently throughout the building life-cycle, enhance indoor air
quality, and incorporate environmentally preferable products, and
protect the building occupant's health.
   (e) The widespread adoption of green building principles would
result in significant long-term benefits to the state's environment,
including reduction in the demand for energy, water, and waste stream
services, and the fiscal and environmental impacts resulting from
the expansion of these infrastructures.
   71450.5.  It is the intent of the Legislature, in enacting this
part, to recognize that no one set of existing green building
guidelines may encompass the state's unique economic and natural
resources-related environment. It is further the intent of the
Legislature to ensure that the guidelines adopted pursuant to this
part recognize California's leadership in environmental
sustainability practices and include the most rigorous measures and
methods possible with regard to the factors specified in subdivision
(a) of Section 71452.
   71451.  For purposes of this part, the following definitions shall
apply:  
   (a) "Board" means the California Integrated Waste Management
Board.  
   (a) "Commission" means the California Building Standards
Commission. 
   (b) "Green building" means a project designed to reduce both
direct and indirect environmental consequences associated with its
construction, use, operation, maintenance, and eventual
decommissioning, the design of which is evaluated for cost,
quality-of-life impacts, future flexibility, ease of maintenance,
energy and resource efficiency, and overall environmental impact,
with an emphasis on life-cycle cost analysis.  
   71452.  (a) On or before January 1, 2008, the board shall develop,
adopt, and make available, voluntary green building guidelines for
residential home construction, as provided in subdivision (b). The
guidelines developed pursuant to this part shall include, but not be
limited to, all of the following:
   (1) Energy efficiency, conservation, or renewable generation
measures.
   (2) Water efficiency, conservation, and reuse measures.
   (3) Materials efficiency, conservation, and reuse measures.
   (4) Indoor environmental quality measures, including indoor air
quality.
   (5) Innovation and design process.
   (6) A method for determining life-cycle cost, including evaluating
the relative effectiveness, cost, and life-cycle savings, if any, by
the use of the individual or multiple green building measures
specified in paragraphs (1) to (5), inclusive.
   (b) (1) To develop the voluntary guidelines pursuant to this part,
the board shall coordinate a multiagency effort, including, but not
limited, to all of the following:
   (A) The California Energy Resources Conservation and Development
Commission.
   (B) The State Air Resources Board.
   (C) The Department of Water Resources.
   (D) The Department of Housing and Community Development.
   (E) The Department of General Services.
   (2) The board shall also consult with representatives from each of
the following:
   (A) The building construction industry.
   (B) Recognized environmental advocacy groups.
   (C) Interested local government entities.
   (D) Interested public parties.
   (c) Each state agency, specified in paragraph (1) of subdivision
(b), including the board, shall take the lead in developing the
guidelines related to its particular area of expertise.
   (d) The board shall coordinate the integration of the separate
aspects provided by each state agency into the green building
guidelines.
   (e) In adopting voluntary guidelines pursuant to this part, the
board shall consider those aspects of existing relevant guidelines
that maximize the measures and methods identified in subdivision (a).
These existing relevant guidelines shall include, but are not
limited to, all the following:
   (1) The United States Green Building Council's Leadership in
Energy and Environmental Design (LEED) for Homes rating system.
   (2) The 2005 Build It Green "New Home Construction Green Building
Guidelines."
   (3) The EarthCraft House program of Atlanta, Georgia.
   (4) The Built Green program of the Seattle Master Builders.
   (5) The Model Green Home Building Guidelines of the National
Association of Home Builders (NAHB).
   (f) The board shall develop, adopt, and make available to local
agencies, along with the guidelines, information on promoting the use
of the guidelines for residential construction. The board may
provide technical assistance and training to local agencies regarding
the guidelines.
   (g) The board may revise, if deemed necessary by the board, the
guidelines developed pursuant to this part in consultation with the
entities set forth in subdivision (b).  
   71452.  (a) On or before January 1, 2009, the commission shall
coordinate and publish voluntary green building guidelines for
residential home construction, as provided in subdivisions (b), (e),
and (f). The voluntary guidelines developed pursuant to this part
shall include, but not be limited to, all of the following:
   (1) Energy efficiency, conservation, or renewable generation
measures.
   (2) Water efficiency, conservation, and reuse measures.
   (3) Materials efficiency, conservation, and reuse measures.
   (4) Indoor environmental quality measures, including indoor air
quality.
   (5) Innovation and design process.
   (6) A method for determining life-cycle cost, including evaluating
the relative effectiveness, cost, and life-cycle savings, if any, by
the use of the individual or multiple green building measures
specified in paragraphs (1) to (5), inclusive.
   (b) Each state agency, with a particular expertise, shall be
responsible for developing the voluntary guidelines related to its
particular area of expertise, as prescribed in subdivision (d), and
submitting those voluntary guidelines to the commission. The
commission shall carry out a coordinating role in gathering input,
eliminating conflict, eliminating duplication, getting feedback, and
formatting the voluntary guidelines for publication.  Participating
agencies shall include the following:
   (1) The California Energy Resources Conservation and Development
Commission.
   (2) The California Integrated Waste Management Board.
   (3) The State Air Resources Board.
   (4) The Department of Water Resources.
   (5) The Department of Housing and Community Development.
   (6) The Department of General Services.
   (7) The Office of the State Fire Marshall.
   (8) The Office of Environmental Health and Hazard Assessment.
   (c) In developing voluntary guidelines pursuant to this part,
those aspects of existing relevant guidelines that maximize the
measures and methods identified in subdivision (a) shall be
considered. These existing relevant guidelines shall include, but are
not limited to, all of the following:
   (1) The United States Green Building Council's Leadership in
Energy and Environmental Design (LEED) for Homes rating system.
   (2) The 2005 Build It Green "New Home Construction Green Building
Guidelines."
   (3) The EarthCraft House program of Atlanta, Georgia.
   (4) The Built Green program of the Seattle Master Builders.
   (5) The Model Green Home Building Guidelines of the National
Association of Home Builders (NAHB).
   (d) During the development of the voluntary guidelines pursuant to
this part, the participating state agencies shall consult with all
other appropriate state agencies, the building and construction
industry, recognized environmental advocacy groups, the League of
California Cities, the California State Association of Counties,
interested organizations, and the public.
   (e) Upon coordination and publication of the voluntary guidelines
by the commission, the voluntary guidelines shall be made available
to all interested parties through the commission's Internet Web site,
the participating state agencies' respective Internet Web sites, and
all other means deemed appropriate by the commission or the
participating agencies.
   (f) In publishing the voluntary green building guidelines as one
or more appendices to the California Building Standards Code (Title
24 of the California Code of Regulations), the commission's review
shall be limited to the following:
   (1) Ensuring that none of the proposed voluntary guidelines
provide a lower standard of public or occupant health and safety than
the standards in the California Building Standards Code (Title 24 of
the California Code of Regulations).
   (2) In compliance with paragraph (1) of subdivision (a) of Section
18930 of the Health and Safety Code, the voluntary guidelines, for
the purposes of the proposed appendices, shall not be construed to
conflict with, overlap, duplicate, or replace existing building
standards.
   (3) In applying the criteria of paragraph (5) of subdivision (a)
of Section 18930 of the Health and Safety Code, the commission shall
include the fact the guidelines are voluntary, and therefore the
costs to be incurred will be voluntary. Rather than excluding those
items not meeting this criteria, the commission is authorized to
differentiate by including items that do not meet the criteria in a
separate appendix.
   (4) The commission shall use the criteria in paragraphs (6), (8),
and (9) of subdivision (a) of Section 18930 of the Health and Safety
Code.
   (g) The commission shall coordinate the compilation of, and make
available to local agencies, information on promoting the use of the
voluntary guidelines for residential construction. This information
shall be made available to all interested parties through the
commission's Internet Web site, the participating state agencies'
respective Internet Web sites, and all other means deemed appropriate
by the commission or the participating agencies. The commission may
coordinate technical assistance and training for local agencies
regarding the voluntary guidelines.
   (h) Any participating state agency or interested organization may
recommend modifications in the voluntary guidelines, to the
commission, when necessary. Those modifications shall be reviewed and
coordinated by the commission when complete.