BILL ANALYSIS
AB 888
Page 1
Date of Hearing: April 16, 2007
ASSEMBLY COMMITTEE ON NATURAL RESOURCES
Loni Hancock, Chair
AB 888 (Lieu) - As Amended: April 11, 2007
SUBJECT : Green building standards.
SUMMARY : Requires commercial buildings constructed after July
1, 2012 to meet green building standards.
EXISTING LAW :
1)Authorizes the State Public Works Board to develop energy and
water conservation and design efficiency standards for state
buildings.
2)Requires the State Energy Resources Conservation and
Development Commission (CEC) to prescribe building design and
construction standards as well as energy conservation design
standards that increase energy efficiency for new residential
and non-residential buildings.
3)Pursuant to the Governor's Executive Order S-3-05, 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 Governor established the Climate Action Team,
headed by the Secretary for Environmental Protection, to
implement global warming emission reduction programs and to
report on the progress made toward meeting the statewide
greenhouse gas targets that were established in the order.
4)Pursuant to the Governor's Executive Order S-20-04, The Green
Building Initiative, ordered the state to take specified
actions, including: 1) committing to aggressive action to
reduce state building electricity usage by 20 percent in 2015,
through cost-effective efficiency measures and distributed
generation technologies; and, 2) siting, constructing, and
operating all new and renovated state-owned facilities as
Leadership in Energy and Environmental Design (LEED) Silver or
higher certified buildings.
THIS BILL :
1)Establishes the following definitions:
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a) Defines "green building" as a project designed to reduce
direct and indirect environmental consequences associated
with its construction, use, operation, maintenance, and
decommissioning, based on 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.
b) Defines "minimum green building standards" as standards
for commercial buildings that, at a minimum, meet the LEED
Gold rating or equivalent, and include: site
sustainability; water efficiency; energy and atmosphere;
material and resources and sustainable wood (as specified);
indoor environmental quality; innovation and design
process; non-motorized transport; and a method for
determining life-cycle cost.
c) Defines "commercial building" as a nonresidential
building that is specified within the occupancy groups
specified in Group B of Section 100 of Title 24 (the
California Building Code), which includes office and
professional buildings, and exempts eating establishments
and buildings owned or leased by the state or the
University of California.
2)Requires the California Environmental Protection Agency
(CalEPA) and the working group, on or before January 1, 2009
and after holding at least two public workshops, to develop,
adopt, and make available minimum green building standards for
commercial buildings, in consultation with the building
construction industry, recognized environmental advocacy
groups, local government entities, and other interested
parties.
3)Establishes a working group to assist CalEPA in developing the
standards, to include: California Integrated Waste Management
Board (CIWMB); State Energy Resources Conservation and
Development Commission; Air Resources Board; Department of
Water Resources; Department of Housing and Community
Development; Department of General Services; and, California
Building Standards Commission (BSC).
4)Requires each state agency identified above to take the lead
in developing standards related to its area of expertise and
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to ensure that the standards at least meet the LEED Gold
standards.
5)Requires CalEPA to coordinate the integration of the standards
developed by the working group and to consult with BSC to
ensure that the standards are not in conflict with the
California Building Standards Code.
6)Requires CalEPA, on or before July 1, 2010, to submit the
minimum green building standards to BSC for adoption into the
California Building Standards Code. BSC may revise, but shall
not reduce, the standards.
7)Requires, on and after July 1, 2012, all new commercial
buildings that are 50,000 square feet or larger to be
constructed to meet the minimum green building standards. Any
commercial building smaller than 50,000 square feet shall be
constructed to meet the standards unless the owner can
justify, based on economic considerations, an inability to
comply.
FISCAL EFFECT : Unknown.
COMMENTS :
1)Need for the Bill
According to the author's office, the widespread use of green
building criteria will substantially reduce the state's energy
consumption, air pollution, and water use, as well as improve
worker health and productivity. Additionally, green building
reduces greenhouse gas emissions and will assist the state in
achieving the greenhouse gas reduction goals established by
Executive Order S-3-05. Therefore, the author argues that "it
is reasonable and necessary to employ green building standards
in the construction and renovation of commercial buildings."
2)Sustainable Building Features
CIWMB's website states that sustainable buildings: 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
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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.
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. To earn
certification, a building project must meet certain
prerequisites and performance benchmarks (credits) within each
category. Projects are awarded Certified, Silver, Gold, or
Platinum certification depending on the number of credits they
achieve.
LEED is the most widely-used 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
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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,
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)Related Legislation
Several bills related to sustainable building have been
introduced in the current legislative session:
a) AB 35 (Ruskin) 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.
b) AB 792 (Garcia) establishes the Environmentally
Sustainable Affordable Housing Program to provide funding
for sustainable housing projects.
c) AB 1058 (Laird) requires the California Environmental
Protection Agency to establish sustainable building best
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management practices for residential home construction.
d) AB 1560 (Huffman) requires the California Energy
Commission to establish water efficiency standards for new
construction.
6)Dual Referral
This bill has been dual referred to the Assembly Committee on
Business and Professions.
REGISTERED SUPPORT / OPPOSITION :
Support
None on file.
Opposition
None on file.
Analysis Prepared by : Elizabeth MacMillan / NAT. RES. / (916)
319-2092