BILL ANALYSIS Ó
AB 341
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Date of Hearing: April 15, 2013
ASSEMBLY COMMITTEE ON NATURAL RESOURCES
Wesley Chesbro, Chair
AB 341 (Dickinson) - As Amended: April 4, 2013
SUBJECT : Green building standards
SUMMARY : Requires the Building Standards Commission (BSC) to
integrate the existing Green Building Code (CalGreen) into the
appropriate sections of the California Building Code (Title 24
of the California Code of Regulations).
EXISTING LAW :
1)Authorizes BSC to adopt green building standards where no
other state agency has the authority or expertise to do so.
2)Identifies state entities with authority to develop building
standards for specified residencies:
a) Department of Housing and Community Development (HCD)
develops standards for residential construction;
b) State Architect develops standards for public school
construction;
c) Office of Statewide Health Planning and Development
develops standards for hospitals and health clinics; and,
d) Office of the State Fire Marshall develops standards
relating to fire and panic safety.
3)Requires BSC to consult with specified entities when
developing green building standards, including the California
Environmental Protection Agency, the Department of Resources
Recycling and Recovery, the State Air Resources Board, the
Department of Toxic Substances Control, the Department of
Public Health, and the Department of Transportation.
4)Establishes a fee of $4 per $100,000 in value on each building
permit issued by a local jurisdiction. Allows the
jurisdiction to keep 10 percent of the fee, and directs the
remaining amount to the Building Standards Administration
Special Revolving Fund to cover the state agency costs
AB 341
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associated with developing building standards, with an
emphasis on green building standards.
5)Authorizes BSC to reduce the fee if it determines that a
lesser amount is sufficient.
6)Authorizes a city or county to make changes or modifications
to the requirements contained in the provisions published by
BSC for approval and adoption.
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THIS BILL :
1)Requires BSC to integrate all provisions of CalGreen into the
appropriate sections of Title 24.
2)Specifies that the public interest in adopting building
standards includes "safer, healthier, and more resource
efficient buildings."
3)Requires BSC to encourage (rather than simply solicit)
recommendations for code updates relating to green building
standards from state agencies with the authority to propose
building standards.
4)Requires BSC to perform an analysis of existing green building
standards with state environmental, public health, and safety
goals prior to codifying, updating, or publishing green
building standards.
5)Requires BSC to define the intent, criteria, and schedule for
establishing voluntary green building standards and for
transitioning voluntary standards into mandatory standards.
6)Strikes out the existing $4 fee, but does not specify a new
amount.
7)Requires BSC to develop "verification protocols" relating to
CalGreen.
FISCAL EFFECT : Unknown
COMMENTS : Green building refers to the design and construction
of buildings in a manner that is environmentally responsible and
resource-efficient throughout a building's life-cycle: from
siting to design, construction, operation, maintenance,
renovation, and demolition.
Background on CalGreen . In 2003, the Legislature began a push
toward more efficient buildings. While the early bills [AB 653
(Nunez), AB 2924 (Wiggins), and SB 1851 (Bowen)] were not
chaptered, they prompted the state to take a leadership role in
advancing more sustainable building. In 2004, Executive Order
S-20-04 created the Green Action Team to establish efficiency
measures for state-owned buildings, with the goal of reducing
energy use 20 percent by 2015. In 2005, Executive Order S-03-05
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established the Climate Action Team to begin an overall
reduction of greenhouse gas (GHG) emissions in California. In
2006, AB 32, the California Global Warming Solutions Act,
required statewide reductions of GHG emissions to 1990 levels by
2020.
In 2008, SB 1473 (Calderon), established a funding source for
BSC to fund the development of buildings standards, with a
priority for standards associated with green building. In 2010,
BSC, with the assistance of other state agencies with the
authority to develop building standards, adopted CalGreen.
CalGreen was adopted as a new Part within Title 24 (Part 11) and
established new requirements relating to planning and design;
energy efficiency; water efficiency and conservation; material
conservation and resource efficiency; and, environmental
quality. The standards are separated into "tiers" that include
minimal mandatory standards and voluntary standards separated
into Tier 1 and Tier 2 (Tier 2 indicating the highest level of
green measures.) Local authorities may opt to make the tiered
standards mandatory within that jurisdiction.
This bill . According to the author, the adoption of CalGreen as
a separate part within Title 24 has caused some confusion and
challenges for architects, designers, builders, and local
building departments. Particular trades and inspectors may only
review the part of Title 24 relevant to their trade and may be
unaware of the related portions of CalGreen. This bill requires
BSC to integrate CalGreen into the appropriate parts of Title
24, making a "uniform building code that is green throughout."
The author states that "not having consistent evaluation
criteria had led to uncertainty as to next code iterations." AB
341 is intended to establish a clear process for transitioning
voluntary measures into mandatory requirements in the future.
Currently, BSC and HCD publish CalGreen "guides" to help local
officials and the building industry comply with the standards.
BSC also provides trainings throughout the state relating to
various building standards, including CalGreen. According to
the author, these activities are not comprehensive enough for
local implementation, particularly as they relate to the
CalGreen Tiers. The bill requires "verification protocols" to
ensure more technical resources for CalGreen implementation.
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Suggested amendments . The author may wish to amend the bill to
reinstate the existing $4 per $100,000 fee on building permits.
BSC officials indicate that the building market has been
stagnant for the last few years, but appears to be improving.
If building permits continue to increase, the current $4 may be
adequate.
The committee may wish to clarify what is meant by "verification
measures." The author states that this language will require
additional technical information relating to CalGreen standards
for local governments and other stakeholders, guidance on how to
interpret the code when conflicts arise, and more training for
code officials. The committee could clarify this intent by
inserting, "including, but not limited to, trainings and
guidance for local building officials in jurisdictions that have
adopted Tier 1 or Tier 2 green building standards."
REGISTERED SUPPORT / OPPOSITION :
Support
US Green Building Council, California Chapter
Opposition
None on file
Analysis Prepared by : Elizabeth MacMillan / NAT. RES. / (916)
319-2092