BILL ANALYSIS
AB 1058
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Date of Hearing: April 16, 2007
ASSEMBLY COMMITTEE ON NATURAL RESOURCES
Loni Hancock, Chair
AB 1058 (Laird) - As Amended: March 29, 2007
SUBJECT : Green building construction: best practices.
SUMMARY : Requires the California Environmental Protection
Agency (CalEPA) to convene a working group to develop voluntary
best practices for green building in new residential
construction.
EXISTING LAW :
1)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.
2)Pursuant to the Governor's Executive Order S-20-04, The Green
Building Initiative, orders the state to take specified
actions, including: 1) committing to aggressive action to
reduce state building electricity usage by 20 percent in 2015;
2) designing, constructing, and operating all new and
renovated state-owned facilities as Leadership in Energy and
Environmental Design (LEED) Silver or higher certified
buildings; and, 3) developing a life cycle cost assessment
methodology to evaluate the cost effectiveness of building
design and construction decisions.
2)The executive order was accompanied by the Green Building
Action Plan (Plan), which identifies specific goals and
responsibilities for the state, including energy efficiency
goals for state buildings. The Plan also directs the
California Energy Commission (CEC) and State Licensing Boards
to develop building code amendments for non-residential
buildings that increase energy efficiency.
3)CEC is required to adopt energy efficiency standards for
residential construction, which establish requirements for
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heating, ventilation, and air conditioning systems, water
heating systems, and lighting. The standards apply to all new
residential construction.
THIS BILL :
1)Defines "best practices" as green building best practices for
residential home construction, which include:
a) Energy efficiency, conservation, or renewable generation
measures;
b) Water efficiency, conservation, and reuse measures;
c) Materials and resource efficiency, conservation, and
reuse measures;
d) Indoor environmental quality measures, including indoor
air quality;
e) Non-motorized transportation; and,
f) A method for determining life-cycle cost, including
evaluating the relative effectiveness, cost, and life-cycle
savings of individual or multiple green building measures.
2)Requires CalEPA, with the working group and in consultation
with representatives from the building industry, environmental
advocacy groups, local governments, and other interested
parties, to develop, adopt, and make available voluntary best
practices on or before July 1, 2009.
3)Establishes a working group to assist CalEPA in the
development of the best practices including, but not limited
to:
a) California Integrated Waste Management Board (CIWMB);
b) State Air Resources Board;
c) Department of Water Resources;
d) Department of Housing and Community Development;
e) Department of General Services; and,
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f) California Building Standards Commission (BSC).
4)Requires that each state agency in the working group shall
take the lead in developing best practices in its particular
area of expertise and requires CalEPA to coordinate the
integration of the best practices.
5)Requires each state agency in the working group to determine
the appropriate minimum best practices that must be met to
consider a residence sustainable and environmentally sound
(minimum standards) and requires CalEPA to coordinate the
integration of minimum standards.
6)Requires BSC to review all aspects of the best practices and
minimum standards to ensure that the standards do not "fall
below" the requirements of the California Building Standards
Code (Title 24 of the California Code of Regulations).
7)Requires all entities involved in the development of the best
practices and the minimum standards to consider other relevant
green building guidelines.
8)Requires CalEPA to develop an education program to inform
local entities of the benefits of green building and to
encourage the use of the best practices.
9)Requires CalEPA and the working group, beginning January 1,
2011, to conduct a public review of the best practices and
minimum standards and may make revisions based on the review.
10)On or before January 1, 2012, CalEPA shall submit the revised
minimum standards for adoption by BSC. BSC may revise, but
not reduce, the minimum standards submitted by CalEPA.
11)Requires that on and after January 1, 2013, all new homes
shall meet the minimum standards adopted by BSC. If BSC does
not adopt the standards by that date, all new homes shall meet
the minimum standards developed by CalEPA and the working
group until BSC adopts minimum standards.
FISCAL EFFECT : Unknown.
COMMENTS :
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1)Background
According to the author's office, there were approximately 12.9
million housing units in the state last year and over 211,000
new housing units were constructed. In 2003, investment in new
residential construction totaled $34 million. This construction
results in significant environmental impacts: the construction
of a conventional 2,000 square foot home generates between 3 to
5 tons of waste; California residences use 5.6 million acre-feet
of applied water annually; and the residential sector accounts
for approximately 31 percent of the electricity used in the
state. While recent Executive Orders encourage green building
practices in state facilities, commercial construction, and
schools, they do not address residential construction.
CIWMB estimates that over 220,000 new housing units will be
needed annually over the next 15 years to accommodate population
growth. CIWMB also notes that many common building products
used in household construction emit formaldehyde and other
chemicals known to have adverse health impacts. According to
CIWMB's website, "houses in California must comply with the most
stringent energy code in the country, but this will not be
enough to reduce the impacts housing has on the state's
environment. In order to be truly effective, an integrated
approach to building must be pursued."
2)Benefits of Residential Green Building
According to the author's office, "green building practices
utilize energy, water, and materials efficiently throughout the
building's life cycle; enhance indoor air quality; and
incorporate environmentally preferable products."
CIWMB's website outlines the benefits of residential green
buildings, including:
a) Increasing demand for recycled content building products
creates markets for the material collected in municipal
recycling programs;
b) Reducing and recycling construction wastes directly
benefits local jurisdictions working to meet the state's
solid waste diversion requirements;
c) Recycling construction waste is often less expensive
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than disposal;
d) Making homes more energy efficient results in monthly
utility savings for residents;
e) Using onsite electricity generation, via solar or other
methods, reduces the state's dependence on out-of-state
power generation, provides electricity back to the grid
during the day, saves consumers money, and reduces
air-pollution;
f) Using low-flow water fixtures and water efficient
landscaping can reduce water demand and lower monthly
bills;
g) Cities that embrace green building can reduce the
impacts on their infrastructure including roads, water
treatment, and storm water run-off; and
h) Increasing the use of infill land and/or encouraging
redevelopment in underutilized sites reduces the
consumption of farmland and eases transportation burdens
since these sites are generally located in developed areas
near jobs and services.
3)Existing Sustainable Building Efforts
a) State Efforts
Although the state has not directly addressed residential
green building specifically, the state has taken action to
encourage sustainable development, including:
i) Executive Order S-3-05: The Governor acknowledged
climate change as a threat to the environment and
committed the state to taking action to address this
issue in 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 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.
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ii) Executive Order S-20-04, The Green Building
Initiative: In Executive Order S-20-04, adopted in July
of 2004, the Governor committed the state to actively
reducing the state's energy usage by constructing,
retrofitting, and operating state buildings in an
energy-efficient manner, including implementing the
measures identified in the Green Building Action Plan.
b) Other Efforts
Some local governments and organizations have taken steps to
encourage residential green building, including:
i) LEED for Homes
The LEED for Homes program is being developed by the US
Green Building Council (USGBC) with input from local and
national stakeholder groups. It is a voluntary initiative
promoting sustainable practices within the residential
construction industry. According to the USGBC website,
the program is intended to provide a tool for
homebuilders, homeowners, and local governments for
building environmentally sound, healthy, and
resource-efficient places to live. Currently, the USGBC
has a pilot rating system available for residential
construction and is testing the efficacy of the pilot
system. The pilot program will be completed by December
2006; the final LEED for Homes rating system is expected
to be completed in 2007.
ii) Alameda County's New Home Construction Green
Building Guidelines
StopWaste.org, a public entity comprised of the Alameda
County Waste Management Authority and the Alameda County
Source Reduction and Recycling Board, developed the
guidelines in 2000 to offer suggestions to builders to
minimize construction-related waste, create healthier and
more durable homes, reduce operating costs for
homeowners, support local manufacturers and suppliers of
resource-efficient building materials, and to identify
methods to reduce the impacts of building in Alameda
County communities; including solid waste management,
water conservation, energy efficiency and resource
conservation.
4)Related Legislation
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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 888 (Lieu) requires sustainable building elements to
be incorporated into building standards.
d) AB 1560 (Huffman) requires the California Energy
Commission to establish water efficiency standards for new
construction.
5)Dual Referral
This bill is dual referred to the Committee on Housing and
Community Development.
REGISTERED SUPPORT / OPPOSITION :
Support
None on file.
Opposition
None on file.
Analysis Prepared by : Elizabeth MacMillan / NAT. RES. / (916)
319-2092
AB 1058
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