BILL ANALYSIS Ó
AB 341
Page 1
ASSEMBLY THIRD READING
AB 341 (Dickinson and Gordon)
As Amended May 8, 2013
Majority vote
NATURAL RESOURCES 7-1
APPROPRIATIONS 16-0
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|Ayes:|Chesbro, Grove, Garcia, |Ayes:|Gatto, Harkey, Bigelow, |
| |Muratsuchi, Skinner, | |Bocanegra, Bradford, Ian |
| |Stone, Williams | |Calderon, Campos, Eggman, |
| | | |Gomez, Hall, Ammiano, |
| | | |Linder, Pan, Quirk, |
| | | |Wagner, Weber |
|-----+--------------------------+-----+--------------------------|
|Nays:|Patterson | | |
| | | | |
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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). Specifically, this
bill :
1)Requires BSC to integrate all provisions of CalGreen into the
appropriate sections of Title 24 to the extent feasible.
2)Specifies that the public interest in adopting building
standards includes "safer, healthier, and more resource
efficient buildings."
3)Requires BSC and other state agencies that propose green
building standards to allow for input from other state
agencies that have expertise in green building, as specified.
4)If a state agency that proposes green building standards
offers advice to BSC via a specified advisory panel, requires
that it indicate those voluntary green building standards that
may be considered for transitioning to mandatory standards
within the following two code adoption cycles.
5)Requires BSC to develop verification protocols relating to
AB 341
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CalGreen.
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 Marshal 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)Authorizes a city or county to make changes or modifications
to the requirements contained in the provisions published by
BSC for approval and adoption.
FISCAL EFFECT : According to the Assembly Appropriations
Committee, this bill has increased costs to the BSC of less than
$100,000 (special fund) to include green building standards in
the next revision and to review other state agency activity and
provide additional education and training.
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.
AB 341
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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
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 building standards, with a
priority for standards associated with green buildings. 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.
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Currently, BSC and HCD publish CalGreen "guides" to help local
officials and the building industry comply with the standards.
BSC also provides training 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.
Analysis Prepared by : Elizabeth MacMillan / NAT. RES. / (916)
319-2092
FN: 0000797