BILL ANALYSIS
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|SENATE RULES COMMITTEE | AB 1058|
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THIRD READING
Bill No: AB 1058
Author: Laird (D)
Amended: 9/6/07 in Senate
Vote: 21
SENATE TRANSPORTATION & HOUSING COMM. : 7-4, 6/26/07
AYES: Lowenthal, Cedillo, Corbett, Kehoe, Simitian,
Torlakson, Yee
NOES: McClintock, Ashburn, Dutton, Harman
SENATE ENV. QUALITY COMMITTEE : 5-2, 7/10/07
AYES: Simitian, Florez, Kuehl, Lowenthal, Steinberg
NOES: Runner, Aanestad
SENATE APPROPRIATIONS COMMITTEE : 9-7, 8/30/07
AYES: Torlakson, Cedillo, Corbett, Florez, Kuehl, Oropeza,
Ridley-Thomas, Steinberg, Yee
NOES: Cox, Aanestad, Ashburn, Battin, Dutton, Runner,
Wyland
NO VOTE RECORDED: Simitian
ASSEMBLY FLOOR : 45-34, 6/5/07 - See last page for vote
SUBJECT : Green building construction: best practices
SOURCE : Author
DIGEST : This bill requires the Department of Housing and
Community Development and ultimately the Building Standards
Commission to adopt best practices and building standards
CONTINUED
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related to green building.
Senate Floor Amendments of 9/6/07 delete previous version
of the bill and recast it in its current form with similar
intent.
ANALYSIS :
Existing law:
1. Under the California Integrated Waste Management Act of
1989, contains requirements for recycling certain types
of materials (e.g., metallic discards, papers, plastic
trash bags, rigid plastic packaging containers, cell
phones, paving materials, and waste tires), provides
programs for recycling at certain types of facilities
(e.g., schoolsites, large venues), and requires model
ordinances for certain matters (e.g., adequate areas for
collection and loading of recyclable materials in
development projects; diversion of construction and
demolition materials; solid waste reduction, reuse, and
recycling at large venues). The Act creates the
California Integrated Waste Management Board (CIWMB)
under the California Environmental Protection Agency
(CalEPA).
2. Under 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 creates the Green Building Standards Law that:
1. Requires state agencies to have the authority and
program expertise prior to developing green building
standards.
2. Requires state agencies that develop building standards
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to submit to the California Building Standards
Commission (CBSC) by July 1, 2009, for review, approval,
and publication any of the agency's green building
standards in existence that have not been approved by
the CBSC.
3. Requires the Department of Housing and Community
Development (HCD) develop green building standards for
residential occupancies and submit them to the CBSC for
review, adoption, approval and publication by July 1,
2009, that address certain matters (e.g., energy
efficiency, water efficiency, materials and resources,
indoor environmental quality).
4. Requires HCD to coordinate a working group consisting of
certain state entities (e.g., CalEPA, BSC, CIWMB, State
Energy Resources Conservation and Development
Commission, Air Resources Board) that must consult
representatives from certain organizations in developing
the green building standards. Entities involved in this
effort must consider current guidelines (e.g., US Green
Building Council's Leadership in Energy and
Environmental Design (LEED) for homes rating system,
2005 Build It Green "New Home Construction Green
Building Guidelines).
5. Each state entity shall take the lead related to its own
area of expertise in developing recommendation for the
green building standards, and review and comment on the
recommendation of other state entities to ensure
consistency.
6. Requires HCD to review the recommendation from the state
entities to develop and propose a set of green building
standards to the CBSC.
7. Requires HCD, in consultation with the CBSC, identify
green building guidelines that further the purpose of
the bill, including specified programs.
8. Requires the CBSC, on or before July 1, 2010, publish
approved green building standards and, to the extent
possible, schedule the publishing to coincide with the
publication of the California Building Standard Code.
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9. Prohibits HCD from proposing changes more than once per
year.
10.Allows the various state entities to submit to HCD
changes to the green building standards within there
area of expertise so long as the modifications do not
reduce the environmental benefits or efficiencies that
would have been achieved by the proposed standards.
11.Specifies that nothing in the bill prohibits, limits, or
supersedes other green building standards developed
pursuant to existing authority.
12.Requires the CBSC: (a) review the green building
standards and approve them or return them return them to
the proposing entity, (b) codify, including publishing,
all green building standards adopted and certified by it
into the applicable parts of the California Building
Standards Code, (c) ensure consistency of format in the
green building standards, and (d) adopt any regulations
necessary to implement this bill.
13.Makes necessary conforming changes.
14.Contains related intent language.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: No
According to the Senate Appropriations Committee:
Fiscal Impact (in thousands)
Major Provisions 2007-08 2008-09
2009-10 Fund
Develop standards $150 $300 $300
GF
Adopt standards -minor and
absorbable GF
Implement standards in -unknown increase in construction
costs GF
applicable state buildingsoffset by unknown, potentially
savings
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in out years
SUPPORT : (Verified 8/31/07)
American Federation of State, County and Municipal
Employees
American Lung Association
California Interfaith Power and Light
California League of Conservation Voters
City of Santa Cruz
County of Santa Cruz
Environment California
Gilroy Independence
Metropolitan Water District of Southern California
Natural Resources Defense Council
Planning and Conservation League, Santa Cruz, Sierra Club
California, Silicon Valley Leadership Group
Sierra Club California
OPPOSITION : (Verified 8/31/07)
Department of Finance
Department of Housing and Community Development
Building Standards Commission
California Apartment Association
California Building Industry Association
California Business Properties Association
California Chamber of Commerce
California Major Builders Council
California Manufacturers & Technology Association
Consulting Engineers and Land Surveyors of California
Shapell Industries
Western Electrical Contractors Association
ARGUMENTS IN SUPPORT : According to the author, "In 2005,
California had approximately 12.9 million existing housing
units and over 211,000 new units were constructed. In
2003, construction investment in California for new
residential housing totaled $34 billion. While residential
housing is [a] significant economic force, the construction
of a 2,000 square foot home generates three to five tons of
waste, California residences use 5.6 million acre-feet of
applied water annually, and the residential sector accounts
for roughly 31 percent of the electricity consumed in the
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state."
The author also notes that "Green building practices
utilize energy, water, and materials efficiently throughout
the building life cycle; enhance indoor air quality; and
incorporate environmentally preferable products. While
green building practices have been encouraged by the past
three Governors through Executive Orders, none of these
have included residential. As shown above, California
residences have a large impact on the environment, and by
providing guidelines on how to most efficiently
build/operate a home to minimize the environmental impact
we can make a significant difference in that impact."
ARGUMENTS IN OPPOSITION : Opponents primarily object to
the fact that the bill goes outside the existing process
for developing building standards. In addition, opponents
argue that the benefits of green building standards should
be balanced against the impact on housing affordability.
BSC and HCD have proposed amendments that require HCD to
propose green building standards for residential
occupancies and BSC to propose green building standards for
uses outside state jurisdiction by July 1, 2009. These
standards may be voluntary or mandatory and would take into
account the impact on housing affordability.
ASSEMBLY FLOOR :
AYES: Bass, Beall, Berg, Brownley, Caballero, Charles
Calderon, Carter, Coto, Davis, De La Torre, De Leon,
DeSaulnier, Dymally, Eng, Evans, Feuer, Fuentes,
Galgiani, Hancock, Hayashi, Hernandez, Huffman, Jones,
Karnette, Krekorian, Laird, Leno, Levine, Lieber, Lieu,
Ma, Mendoza, Mullin, Nava, Portantino, Price, Richardson,
Ruskin, Salas, Saldana, Solorio, Swanson, Torrico, Wolk,
Nunez
NOES: Adams, Aghazarian, Anderson, Arambula, Benoit,
Berryhill, Blakeslee, Cook, DeVore, Duvall, Emmerson,
Fuller, Gaines, 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: Soto
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JJA:nl 9/6/07 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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