BILL ANALYSIS
AB 1058
Page 1
GOVERNOR'S VETO
AB 1058 (Laird)
As Amended September 7, 2007
2/3 vote
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|ASSEMBLY: |45-34|(June 5, 2007) |SENATE: |24-14|(September 11, |
| | | | | |2007) |
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|ASSEMBLY: |48-29|(September 12, | | | |
| | |2007) | | | |
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Original Committee Reference: NAT. RES.
SUMMARY : Requires the Department of Housing and Community
Development (HCD) and ultimately the Building Standards
Commission (BSC) to adopt best practices and building standards
for green building in new residential construction.
Specifically this bill,
1)Creates the Green Building Standards Law for residential
buildings.
2)Adds definitions and references regarding 'green building' to
the building code in the Health and Safety Code.
3)Requires a state agency to submit to the BSC, on or before
July 1, 2009 any green building standards that have previously
been reviewed, approved or adopted by the BSC.
4)Requires the HCD to develop, on or before July 1, 2009, green
building standards, as defined, for residential occupancies
and submit them to the BSC for review, adoption, approval and
publication.
5)Requires HCD to coordinate a working group consisting of
applicable state entities (e.g., the California Environmental
Protection Agency (CalEPA), California Integrated Waste
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Management Board, State Energy Resources Conservation and
Development Commission, Air Resources Board) and must consult
representatives from certain organizations in developing the
green building standards.
6)Requires the state entities, as prescribed, to identify
relevant green building guidelines from existing sources and
develop recommendations for green building standards related
to its particular area of expertise.
7)Requires HCD to develop an education program informing local
entities of green building benefits and encourage use of the
best practices.
8)Requires BSC, on or before July 1, 2010, to publish approved
green building standards.
9)Requires, on or before January 1, 2013, that California homes
constructed under the California green building standards
developed pursuant to this bill, be substantially equivalent
to or exceed homes built under other recognized green building
guidelines.
10)Authorizes the BSC to modify the proposed building standards
as long as the modifications do not reduce the environmental
benefits or efficiencies or public health protections that
would have been achieved by the proposed standards.
11)Contains related legislative intent.
The Senate amendments :
1)Move the content of the bill from the Public Resources Code to
the Health and Safety Code.
2)Change the coordinating agency from CalEPA to HCD in
conjunction with the BSC.
3)Add 'local government entities' to the list of entities HCD
must consult with as part of the public review required by the
bill.
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4)Stipulate that the provisions of this bill shall not prohibit,
limit, or supersede other green building requirements
developed pursuant to existing authority.
5)Make other technical and conforming changes.
AS PASSED BY THE ASSEMBLY , this bill was substantially similar
to the current version of the bill.
FISCAL EFFECT : According to the Senate Appropriations
Committee, moderate costs, up to $300,000 annually from 2008-09
through 2011-12, to develop standards. (General Fund or various
special regulatory funds). Unknown increase in construction
costs, offset by unknown potential savings.
COMMENTS : According to the author, 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 three to five tons of waste; California residences use
5.6 million acre-feet of applied water annually; and, the
residential sector accounts for approximately 31% 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 Web site, "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."
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According to the author, "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 Web site outlines the benefits of residential green
buildings, including: 1) increasing demand for recycled content
building products creates markets for the material collected in
municipal recycling programs; 2) reducing and recycling
construction wastes directly benefits local jurisdictions
working to meet the state's solid waste diversion requirements;
3) recycling construction waste is often less expensive than
disposal; 4) making homes more energy efficient results in
monthly utility savings for residents; 5) 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; 6) using low-flow water
fixtures and water efficient landscaping can reduce water demand
and lower monthly bills; 7) cities that embrace green building
can reduce the impacts on their infrastructure including roads,
water treatment, and storm water run-off; and, 8) 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.
Although the state has not directly addressed residential green
building specifically, the state has taken action to encourage
sustainable development, including:
1) 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% 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
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established in the order.
2) 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.
GOVERNOR'S VETO MESSAGE :
I support the development of green building standards
and share the goals of this bill. However, if
implemented [,] provisions in this bill would put the
health and safety of Californians at risk by being in
conflict with current safety standards. The national
standards in this bill could require that wood support
studs be placed twenty-four inches apart instead of
the California seismic safety standard of sixteen
inches, thus endangering the safety of the home.
Additionally, the guidelines for planting vegetation
for shade would violate California fire standards for
the most dangerous areas by placing vegetation next to
the house, not the 100 foot firebreak by California
law.
Additionally, building standards should not be
statutory. The Building Standards Commission was
created to ensure an open public adoption process
allowing experts to develop standards and periodic
updates to the building codes.
Allowing private entities, such as proposed in this
bill, to dictate Californian's building standards
usurps the state's authority to develop and adopt
those standards and could compromise the health and
safety of Californians. I encourage state agencies to
review all nationally recognized programs and glean
from those programs, standards that promote greener
construction, energy and water conservation, and
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reduce Green House Emissions.
It is imperative to expedite the greening of
Californian's building standards. As such, I am
directing the California Building Standards Commission
to work with specified state agencies on the adoption
of green building standards for residential,
commercial, and public building construction for the
2010 code adoption process.
Analysis Prepared by : Elizabeth MacMillan / Nat. Res. / (916)
319-2092
FN: 0003724