BILL ANALYSIS
AB 35
Page 1
Date of Hearing: April 9, 2007
ASSEMBLY COMMITTEE ON NATURAL RESOURCES
Loni Hancock, Chair
AB 35 (Ruskin) - As Amended: March 28, 2007
SUBJECT : Environment: state buildings: sustainable building
standards.
SUMMARY : This bill enacts the Sustainable Building Act of 2007,
which requires the State Public Works Board (SPWB) to adopt
regulations establishing green building standards for the
construction and renovation of state buildings.
EXISTING LAW :
1)Authorizes SPWB to develop energy and water conservation and
design efficiency standards for state buildings.
2)The Governor's Executive Order S-20-04, The Green Building
Initiative, orders the state to take specified actions,
including:
a) Committing to aggressive action to reduce state building
electricity usage by 20 percent by 2015.
b) Designing, constructing, and operating all new and
renovated state-owned facilities as Leadership in Energy
and Environmental Design (LEED) Silver or higher certified
buildings.
c) Developing a life-cycle cost assessment methodology to
evaluate the cost effectiveness of building design and
construction decisions.
3) The Executive Order was accompanied by the Green Building
Action Plan, which identifies specific goals and
responsibilities for the state, including energy efficiency
goals.
THIS BILL :
1) Enacts the Sustainable Building Act of 2007.
2) Defines terms used in the bill, including "developing
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entities" as the State Energy Resources Conservation and
Development Commission, the Department of General Services,
and the California Integrated Waste Management Board (CIWMB).
3) Requires SPWB to adopt regulations on or before July 1, 2009
for sustainable building standards for the construction and
renovation of state buildings.
4) Requires the regulations to incorporate, at a minimum, the US
Green Building Council's Leadership in Energy and
Environmental Design (LEED) Silver rating.
5) Requires the regulations to consider other relevant
guidelines, as identified, and to be consistent with
California's building standards.
6) Requires that credits be given to projects that use wood
products with a "credible third party sustainable forest
certification" and to projects that use California based
resources.
7) Requires the developing entities to establish the regulations
required by the bill, which shall be adopted by the SPWB.
8) Requires the developing entities to consult with appropriate
state agencies; the building and construction industry; the
building and construction supplies industry; environmental
groups; sustainable building groups; other interested
organizations; and the public.
9) Requires SPWB to consult with the Building Standards
Commission to ensure that the regulations are consistent with
the California Building Standards Code. This bill also
specifies that the state building standards codified in Part
2.5 of Division 13 of the Health and Safety Code do not apply
to the regulations adopted by SPWB.
10)Requires that any state building for which development of
capital plans or renovations begins on or after July 1, 2010
be built, designed, and operated in accordance with the
regulations adopted by SPWB.
FISCAL EFFECT : Unknown.
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COMMENTS :
1)Need for the Bill
According to the author's office, "AB 35 will?create reductions
in greenhouse gas emissions, increase resource conservation, and
save the state money by reducing the cost of building
operations." The author indicates that California is committed
to leadership on energy, environmental, and public health
issues. There is an enormous opportunity for the state to
foster continued economic growth and provide environmental
leadership by establishing green building standards for state
buildings.
2)Sustainable Building Features
CIWMB's website outlines the features of sustainable buildings,
including: 1) Focus on life-cycle cost analysis, sustainable
buildings are less costly in the long term due to lower
operating expenses; 2) Siting new construction near mass
transit, designing to retain the existing natural features, and
use of environmentally sound landscaping practices; 3) Use of
energy efficient materials and construction techniques; 4) Use
of sustainable construction materials, such as recycled content
materials, low-emission products, and materials with high
durability; 5) Design for water and energy efficiency; and, 6)
Ongoing sustainable maintenance practices and products.
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3)LEED
The US Green Building Council is a national non-profit
organization comprised of more than 7,500 member organizations
and 75 regional chapters working toward the goal of transforming
the building industry to sustainability. To further this goal,
it developed the LEED Green Building Rating System.
LEED is the most widely-accepted benchmark for the design,
construction, and operation of high performance sustainable
buildings. LEED promotes a whole-building approach to
sustainability by recognizing performance in five key areas of
human and environmental health: sustainable site development,
water savings, energy efficiency, materials selection, and
indoor environmental quality.
4)California's Actions on Sustainable Building
The state has taken significant actions to encourage sustainable
development; however, the state has not enacted legislation
codifying these steps. In Executive Order S-20-04 (The Green
Building Initiative), adopted in July of 2004, the Governor
committed the state to reducing the state's energy usage by
constructing, retrofitting, and operating state buildings in an
energy-efficient manner. The Sustainable Building Task Force
(Task Force) is a partnership of more than 40 governmental
agencies, led by the State and Consumer Services Agency, which
is charged with implementing The Green Building Initiative. It
comprises representatives from various state agencies with
specific fiscal, construction, and environmental policy
expertise.
The Task Force completed Building Better Buildings: A Blueprint
for Sustainable State Facilities in April, 2001 to recommend
strategies to incorporate cost-effective sustainable building
strategies into the development of state property. The report
notes that California invests over $2.5 billion in the design,
construction, and renovation of state facilities annually.
Buildings consume more than 30% of the energy used in the US,
produce 25% of greenhouse gas emissions, generate approximately
30% of the state's solid waste stream, and affect the health,
comfort, and productivity of building occupants. The blueprint
also identified barriers to sustainable building in state
government, including the lack of "uniform building performance,
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operating, and maintenance standards for state facilities."
The Governor acknowledged climate change as a threat to the
environment and committed the state to taking action to address
this issue by signing Executive Order S-3-05. The order calls
for a reduction of greenhouse gas emissions to 2000 levels by
2010; to 1990 levels by 2020; and to 80 percent below 1990
levels by 2050. The Climate Action Team's report, Climate
Action Team Report to the Governor and the Legislature,
identifies strategies to reduce greenhouse gas emissions that
include continued implementation of the Green Building
Initiative and energy efficiency standards for state buildings.
Early in 2007, the state approved a life-cycle cost assessment
methodology to quantify the overall costs and long-term savings
of sustainable building. This tool should streamline and
simplify the implementation of sustainable building requirements
for state buildings.
5)Other States Enact Sustainable Building Laws
Connecticut enacted Public Act 06-187 in 2006, which requires
the Secretary of the Office of Policy and Management, in
consultation with the Commissioner of Public Works, the
Commissioner of Environmental Protection, and the Commissioner
of Public Safety, to adopt building construction standards that
are consistent with or exceed LEED Silver rating.
Hawaii adopted HB 2175 in 2006, which requires each state agency
to design and construct buildings to meet the LEED silver
rating, or a comparable standard.
Nevada adopted AB 3 in 2005, which requires all state-funded
buildings to be LEED certified or higher in accordance with LEED
or an equivalent standard.
Washington adopted ESSB 5509 in 2005, which requires all
state-funded projects over 5,000 square feet, including school
district buildings, to achieve LEED silver certification or
equivalent rating system, as approved by the Washington State
Department of General Administration.
6)Related Legislation
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Several bills related to sustainable building have been
introduced in the current legislative session:
a) AB 792 (Garcia) establishes the Environmentally
Sustainable Affordable Housing Program to provide funding
for sustainable housing projects.
b) AB 888 (Lieu) requires sustainable building elements to
be incorporated into building standards.
c) AB 1058 (Laird) requires the California Environmental
Protection Agency to establish voluntary sustainable
building best management practices for residential home
construction.
d) AB 1560 (Huffman) requires the California Energy
Commission to establish water efficiency standards for new
construction.
REGISTERED SUPPORT / OPPOSITION :
Support
American Federation of State, County, and Municipal Employees
California State Employees Association
Sacramento Metropolitan Air Quality Management District
Sierra Club California
Opposition
None on file.
Analysis Prepared by : Elizabeth MacMillan / NAT. RES. / (916)
319-2092