BILL NUMBER: AB 2472 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 12, 2010
AMENDED IN ASSEMBLY MARCH 25, 2010
INTRODUCED BY Assembly Member Huffman
FEBRUARY 19, 2010
An act to add Section 18941.8 to the Health and Safety Code,
relating to building standards.
LEGISLATIVE COUNSEL'S DIGEST
AB 2472, as amended, Huffman. Building standards: pilot
program for green innovation permit program.
building permits.
The California Building Standards Law provides for the adoption of
building standards by state agencies by requiring all state agencies
that adopt or propose adoption of any building standard to submit
the building standard to the California Building Standards Commission
for approval and adoption. Existing law requires that all building
standards shall be administered and enforced and, whenever
practicable, written on a performance basis consistent with state and
nationally recognized standards for building construction.
Existing law authorizes a city or county to make changes or
modifications in the requirements contained in the provisions
published in the California Building Standards Code and other
specified regulations, including, but not limited to, changes or
modifications to green building standards.
This bill would, notwithstanding existing law, authorize
a the County of Marin and another, unspecified
city, county, or city and county to adopt a pilot program for
green innovation building permit program
permits to promote and facilitate innovation and research
regarding environmentally sustainable building materials, methods,
and designs not yet considered or addressed in the state's building
codes. The bill would impose certain reporting requirements on
the a city, county, or city and county
that adopts a pilot program relating to the scope,
designs, modifications, administration, and performance measures of
the permit pilot program and the
permits issued. The bill would also impose specified duties on a
city, county, or city and county that adopts a pilot program,
including the duty to issue no more than 10 permits per year for a
period of 5 years following the adoption of a pilot program pursuant
to its provisions. The bill would prohibit, after this 5-year period,
the city, county, or city and county from issuing new permits under
the pilot program.
This bill would make legislative findings and declarations as to
the necessity of a special statute for the Counties of Marin and
____.
Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. The Legislature finds and declares all of the
following:
(a) Buildings and development have a broad range of impacts on
human health and the environment, including current and future
impacts to water quality, water supply, air quality, and the state's
natural habitats and ecosystems.
(b) A study by the United States Green Building Council indicates
that buildings in the United States account for 72 percent of
electricity consumption, 39 percent of energy use, 38 percent of all
greenhouse gas emissions, and 14 percent of potable water
consumption.
(c) In 2010, the California Building Standards Commission adopted
green building standards to address a set of risks to public health
and safety not previously considered or addressed in the state's
building codes.
(d) Future buildings will need to reach energy and water
efficiency levels far beyond present California mandatory minimum
standards in order to reduce anticipated environmental risks to
public health and safety and ensure adequate availability of critical
resources.
(e) There is currently no legal framework that allows innovative
green building technologies to be developed on a limited scale in the
field before they are allowed or mandated statewide.
(f) Local voluntary pilot programs that provide for
limited field testing of innovative and efficient sustainable
building practices not yet considered or addressed in the California
Building Standards Code are needed to augment traditional research
for future green building standards. These programs will reduce the
imminent impacts of an expanding built environment on the state's
economy, quality of life, and natural environment, as well as provide
regulators with the opportunity to gain experience with and
contribute input to emerging technologies at a small scale before
they are called on to regulate them statewide.
SEC. 2. Section 18941.8 is added to the Health and Safety Code, to
read:
18941.8. (a) (1) Notwithstanding Section
18941, a city, county, or city and county specified in paragraph
(2) may adopt a pilot program for green innovation
building permit program permits to
promote and facilitate innovation and research regarding
environmentally sustainable building materials, methods, and designs
not yet considered or addressed in the state's building codes.
(2) The following cities, counties, or cities and counties are
authorized to adopt a pilot program for green innovation building
permits:
(A) The County of Marin.
(B) __________.
(b) A city, county, or city and county specified in paragraph
(2) of subdivision (a) that adopts a pilot program for
green innovation building permit program
permits shall do all of the following:
(1) Adopt a local ordinance that includes the limitations and
requirements of the pilot program.
(2) Limit the pilot program to green innovation technologies,
methods, and materials that improve water efficiency and
conservation, energy efficiency, materials conservation, resource
efficiency, or environmental quality beyond the minimum levels
provided by the state's building standards.
(3) Require technologies, methods, and materials not specifically
approved as a green innovation by the program to comply with the
state's building standards.
(4) Prohibit the modification of the essential structural, fire,
and life-safety features of the program.
(1)
(5) Require the building official, certified by the
International Code Council in accordance with Section 18949.28, to
administer and enforce these provisions to ensure qualified oversight
of the health and safety of buildings permitted under this section.
(2) Require environmentally sustainable building materials,
methods, or designs not yet considered or addressed in the state's
building codes, while enforcing the broader intent of the California
Building Standards Code regarding the protection of public health and
safety.
(3) Annually limit the program to a maximum of 25 new or existing
single-family detached dwellings, unoccupied accessory buildings, or
portions thereof.
(6) For a period of five years following the adoption of a pilot
program pursuant to this section, issue no more than 10 permits
annually for new or existing single-family detached dwellings,
unoccupied accessory buildings, or portions thereof. After this
five-year period, no new permits shall be issued under a pilot
program.
(4)
(7) Require performance monitoring and reporting of
each permit under this pilot program to the local
building official for use in assessing the success of each
permit.
(c) A city, county, or city and county specified in paragraph
(2) of subdivision (a) that adopts a green innovation
permit pilot program pursuant to this section
shall report to the Department of Housing and Community Development
on both of the following:
(1) Within six months after adoption of the green
innovation permit pilot program, the building
official shall report on the scope and requirements of the program
and the types of permits to be issued.
(2) Three years after the adoption of the green
innovation permit pilot program, the building
official shall report on the types of permits issued, the number of
each type of permit issued, an assessment of the program's success,
and recommendations for future revisions to the green innovation
permit program and state building standards.
(d) A city, county, or city and county specified in paragraph
(2) of subdivision (a) that adopts a green innovation
permit pilot program shall require that upon
resale of a property where a green innovation permit has been issued,
that the seller notify the buyer in writing of the building designs
and modifications approved under the green innovation permit
pilot program for that property.
SEC. 3. The Legislature finds and declares that,
because of the unique circumstances applicable to the Counties of
Marin and ____ concerning the environmental impacts of development, a
statute of general applicability cannot be enacted within the
meaning of subdivision (b) of Section 16 of Article IV of the
California Constitution. Therefore, this special statute is
necessary.