BILL ANALYSIS                                                                                                                                                                                                    



                                                                       



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                                 THIRD READING


          Bill No:  AB 888
          Author:   Lieu (D), et al
          Amended:  9/7/07 in Senate
          Vote:     21

           
           SENATE ENV. QUALITY COMMITTEE  :  4-2, 7/2/07
          AYES:  Simitian, Kuehl, Lowenthal, Steinberg
          NOES:  Runner, Aanestad
          NO VOTE RECORDED:  Florez

           SENATE APPROPRIATIONS COMMITTEE  :  10-7, 8/30/07
          AYES:  Torlakson, Cedillo, Corbett, Florez, Kuehl, Oropeza,  
            Ridley-Thomas, Simitian, Steinberg, Yee
          NOES:  Cox, Aanestad, Ashburn, Battin, Dutton, Runner,  
            Wyland

           ASSEMBLY FLOOR  :  43-33, 6/5/07 - See last page for vote


           SUBJECT  :    Green building standards

           SOURCE  :     Author


           DIGEST  :    This bill requires new commercial buildings for  
          which a public agency deems the application for a  
          development project complete on or after July 1, 2013, and  
          that are 50,000 feet or greater be designed constructed and  
          operated to meet the applicable standards described in the  
          United States Green Building Council's Leadership in Energy  
          and Environmental Design gold rating or its equivalent,  
          unless the state adopts specified minimum green building  
                                                           CONTINUED





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          standards, in which case those commercial buildings will be  
          required to meet the adopted standards.

           Senate Floor Amendments  of 9/7/07 (1) strike legislative  
          intent relating to studies and results of green building  
          standards, (2) strike an exemption for University of  
          California owned or leased buildings, (3) extend compliance  
          due dates from July 1, 2012, to July 1, 2013, (4) authorize  
          the state to consider existing relevant green building  
          guidelines if the state adopts minimum green building  
          standards, and (5) make technical clarifying amendments.

           ANALYSIS  :    Under existing Law, the California Building  
          Standards Law, sets procedures for adopting state building  
          codes that require a building standard adopted or proposed  
          by state agencies to be submitted to the California  
          Building Standards Commission (BSC) for approval or  
          adoption prior to codification.  Where no state agency has  
          authority to adopt building standards applicable to state  
          buildings, the BSC must adopt, approve, codify, and publish  
          building standards for the design and construction of state  
          buildings.

          This bill:

          1. Defines "Minimum green building standards" to mean green  
             building standards for commercial buildings that meet,  
             at a minimum, the Green Building Council's Leadership in  
             Energy and Environmental Design (LEED) gold rating or  
             equivalent, and include, but are not limited to, all of  
             the following:

             A.    Sustainability of the site.

             B.    Water efficiency.

             C.    Energy and atmosphere.

             D.    Materials and resources and sustainable wood.

             E.    Indoor environmental quality.

             F.    Innovation and design process.








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             G.    Nonmotorized transportation.

             H.    A method for determining life-cycle cost,  
                including evaluating the relative effectiveness,  
                cost, and life-cycle savings, if any, by the use of  
                individual or multiple green building measures  
                specified in this bill.

          2. Requires a new commercial building for which a public  
             agency, on or after July 1, 2013, deems the application  
             complete and that is 50,000 square feet or greater,  
             shall be designed, constructed, and operated to meet the  
             applicable standards described in the LEED gold rating  
             or its equivalent.

          3. Provides that if the state adopts minimum green building  
             standards, a new commercial building for which a public  
             agency on or after July 1, 2012, deems the application  
             complete, and that is 50,000 square feet or greater  
             shall meet those adopted standards.  Also provides that  
             in considering the minimum green building standards, the  
             state may consider existing relevant guidelines,  
             including but not limited to, the Green Building  
             Initiative's "Green Globes" rating system.

          4. Stipulates that for the purposes of determining  
             compliance with the LEED gold rating or its equivalent,  
             with respect to materials and resources and sustainable  
             wood, a project that uses wood products with a credible  
             third party sustainable forest certification, as  
             determined by the California Environmental Protection  
             Agency, shall be deemed to be in compliance.

          5. Stipulates that these provisions shall not prohibit,  
             limit, or supersede other green building standards  
             pursuant to existing authority.

           Related legislation
           
           AB 35 (Ruskin) - 2007-08 Session  .  Requires state buildings  
          to meet sustainable building standards.  (Currently on  
          Senate Third Reading File)

           AB 1058 (Laird) - 2007-08 Session  .  Provides for green  







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          building best practices and standards for residential  
          construction.  (Currently on Senate Third Reading File)

           AB 1337 (Ruskin) - 2005-06 Session  .  Would have required  
          the California Integrated Waste Management Board (CIWMB) to  
          develop green building standards for state buildings.  The  
          bill was vetoed because Governor Schwarzenegger did not  
          believe the CIWMB had the expertise to address these  
          building standard matters.

           AB 2160 (Lieu), Chapter 742, Statutes of 2006  .  Requires  
          the Department of General Services to define a life cycle  
          cost analysis model to be used for certain state building  
          design and construction decisions, and requires the State  
          Energy Resources Conservation and Development Commission to  
          report on certain related matters.

           AB 2880 (Lieu) - 2005-06 Session  .  Would have required the  
          CIWMB to provide certain green building information on an  
          Internet website and to create an advisory committee to  
          assist the board in developing and updating the website.   
          The bill was held in the Senate Appropriations Committee.

           AB 2928 (Laird) - 2005-06 Session  .  Would have addressed  
          voluntary green building guidelines for residential  
          construction. Died on Senate Third Reading File.

           FISCAL EFFECT  :    Appropriation:  No   Fiscal Com.:  No    
          Local:  No

          According to the Senate Appropriations Committee analysis:

                          Fiscal Impact (in thousands)

           Major Provisions                2007-08     2008-09     2009-10     
            Fund  

          Develop standards                                 Unknown,  
          in excess of $150                                      GF

          Adopt standards                                         
          Minor and absorbable                                   GF

          Implement standards                               Unknown  







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          increase, in construction                              GF
          in applicable state      costs offset by unknown,  
          potentially
          buildings           savings in out years

           SUPPORT  :   (Verified  9/10/07)

          American Lung Association
          California Coastal Protection Network
          California League of Conservation Voters
          City and County of San Francisco
          City of Los Angeles
          County of Santa Cruz
          Defenders of Wildlife
          Environmental Defense
          Health Officers Association of California 
          Metropolitan Water District of Southern California
          Natural Resources Defense Council
          Planning and Conservation League
          Sacramento Metropolitan Air Quality Management District
          Sierra Club California

           OPPOSITION  :    (Verified  9/10/07)

          American Chemistry Council
          American Forest & Paper Association
          Association of General Contractor
          Building Owners and Managers Association of California
          California Apartment Association
          California Broadcasters Association
          California Building Industry Association
          California Building Officials
          California Business Properties Association
          California Chamber of Commerce
          California State University
          California Forestry Association
          California League of Food Processors
          California Manufacturers and Technology Association
          California Retailers Association
          Consulting Engineers and Land Surveyors of California
          International Council of Shopping Centers
          Lumber Association of California and Nevada
          National Association of Industrial and Office Properties
          Retail Industry Leaders Association







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          Western Electrical Contractors Association

           ARGUMENTS IN SUPPORT  :    According to supporters,  
          "Buildings account for almost 40 percent of all carbon  
          dioxide emitted in the U.S., more than any other sector.   
          In fact, according to a United Nations study,  
          implementation of green building standards could do more to  
          reduce greenhouse gas emissions than all the actions agreed  
          to under the Kyoto Protocol.  The enactment of AB 32  
          requires the state to take early action to reduce  
          greenhouse gas emissions in the largest mission sectors."   
          Supporters also note that "there is no appreciable  
          difference in the construction costs of LEED-compliant  
          buildings, and any additional up-front costs are paid back  
          many times over in reduced costs of energy and other  
          resources.

           ARGUMENTS IN OPPOSITION  :    The California Chamber of  
          Commerce, in opposition, states "Our collective members  
          support green building standards and are actively engaged  
          in proliferation of the technology.  We have already put  
          this state on the forefront of making the intent of this  
          bill a reality.  Our members want to see green buildings  
          flourish, but do not believe this mandate is the right  
          process to make that happen and have the following issues  
          with the proposes policy: 

          "1.AB 888 mandates the state to adopt building standards  
             written by a private entity whose process is not open to  
             public input or scrutiny.  The state should not  
             relinquish its authority to set and maintain such  
             building codes.

          "2.AB 999 is unnecessary and duplicative of process already  
             underway at the Building Standards Commission, which  
             could produce a statewide standard as early as the next  
             adoption cycle.

          "3.AB 888 mandates a private green building standard that  
             discourages the use of wood, one of the most renewable  
             resources, grown here in California.

          "4.AB 888 mandates an arbitrary building size for which  
             there is no evidence that it is economically feasible to  







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             construct buildings that can meet the standards set by  
             the bill.  This standard could unintentionally provide  
             an advantage to the largest national companies and hurt  
             medium and small companies that do not have the ability  
             to absorb construction and bureaucratic cost increases  
             mandated in the bill.

          "5.AB 888 does not conform to the other green building  
             mandates contained in AB 1058 and AB 35 which could  
             cause conflicts in the building codes.  Building  
             standards should be consistent and based on function -  
             not who owns the building."  
           
           ASSEMBLY FLOOR  : 
          AYES:  Arambula, Bass, Beall, Berg, Brownley, Caballero,  
            Charles Calderon, Carter, Coto, De La Torre, De Leon,  
            DeSaulnier, Dymally, Eng, Evans, Feuer, Fuentes, Hancock,  
            Hayashi, Hernandez, Huffman, Jones, Karnette, Krekorian,  
            Laird, Leno, Levine, Lieber, Lieu, Mendoza, Mullin, Nava,  
            Portantino, Price, Richardson, Ruskin, Salas, Saldana,  
            Solorio, Swanson, Torrico, Wolk, Nunez
          NOES:  Adams, Aghazarian, Anderson, Benoit, Berryhill,  
            Cook, DeVore, Duvall, Emmerson, Fuller, Gaines, Galgiani,  
            Garcia, Garrick, Horton, Houston, Huff, Jeffries, Keene,  
            La Malfa, Maze, Nakanishi, Niello, Parra, Plescia, Sharon  
            Runner, Silva, Smyth, Spitzer, Strickland, Tran,  
            Villines, Walters
          NO VOTE RECORDED:  Blakeslee, Davis, Ma, Soto


          TSM:do  9/10/07   Senate Floor Analyses 

                         SUPPORT/OPPOSITION:  SEE ABOVE

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