BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | AB 341|
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THIRD READING
Bill No: AB 341
Author: Dickinson (D) and Gordon (D)
Amended: 6/19/13 in Senate
Vote: 21
SENATE TRANSPORTATION & HOUSING COMMITTEE : 10-0, 6/18/13
AYES: DeSaulnier, Gaines, Beall, Galgiani, Hueso, Lara, Liu,
Pavley, Roth, Wyland
NO VOTE RECORDED: Cannella
SENATE ENERGY, UTILITIES & COMMUNICATIONS COMM. : 9-0, 7/2/13
AYES: Fuller, Corbett, De León, DeSaulnier, Hill, Knight,
Pavley, Wolk, Wright
NO VOTE RECORDED: Padilla, Cannella
SENATE APPROPRIATIONS COMMITTEE : 5-0, 8/12/13
AYES: De León, Gaines, Hill, Lara, Steinberg
NO VOTE RECORDED: Walters, Padilla
ASSEMBLY FLOOR : 76-1, 5/28/13 - See last page for vote
SUBJECT : Green building standards
SOURCE : Author
DIGEST : This bill requires the Building Standards Commission
to incorporate future green building standards directly into the
relevant portions of the California Building Code (CBC) and
makes other changes to the process for developing green building
standards.
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ANALYSIS : The California Building Standards Law establishes
the California Building Standards Commission (BSC) and the
process for adopting state building codes. Under this process,
relevant state agencies propose amendments to model building
codes, which the BSC must then adopt, modify, or reject. For
example, the Department of Housing and Community Development
(HCD) is the relevant state agency for residential building
codes. The Office of Statewide Health Planning and Development
is responsible for hospitals and clinics, and the Division of
the State Architect is the relevant agency for schools and
emergency service buildings. Not all buildings fall under the
jurisdiction of a relevant state agency. Most commercial,
industrial, and manufacturing structures are considered "local
buildings," over which local governments may determine
applicable building standards. Every three years, the BSC
adopts a new version of the CBC, known as the triennial update.
With respect to green building standards, existing law gives BSC
the authority to adopt building standards for local buildings.
Since 2008, the BSC has maintained a separate chapter of the
CBC, known as the CalGreen Code that contains green building
standards. The 2010 CalGreen Code allows cities and counties to
adopt additional tiers of green building standards, known as
Tier 1 and Tier 2 standards, some of which are mandatory and
some of which are voluntary for builders to follow.
The California Building Standards Law further provides that when
code writing agencies submit proposed building standards to the
BSC, they must also submit an analysis to justify, among other
things, that the public interest requires adoption of the
standard.
Existing law also requires each city and county to collect a fee
from any applicant for a building permit, assessed at the rate
of $4 per $100,000 in valuation, and remit these fees to the
state. The Legislature appropriates these funds to the BSC,
HCD, and the Office of the State Fire Marshal to pay for
building code activities, with an emphasis on funding the
development and implementation of buildings standards and
educational efforts associated with green building standards.
This bill:
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1.Requires a code writing agency that proposes green building
standards, as part of the next triennial update of the CBC, to
the extent feasible, to reference or reprint the green
building standards in other relevant portions of the CBC.
2.With respect to a code writing agency's justification that the
public interest requires adoption of a particular building
standard, clarifies that the public interest includes, but is
not limited to, health and safety, resource efficiency, fire
safety, seismic safety, building and building system
performance, and consistency with environmental, public
health, and accessibility statutes and regulations.
3.Requires the BSC and other code writing agencies to allow for
input by other state agencies that have expertise in green
building subject areas. BSC must adopt regulations that
address or require all of the following:
A. The timing for receipt of suggested changes.
B. The manner in which the suggestions will be made
available to the public.
C. Whether the suggested changes should be considered for
adoption as mandatory or voluntary green building
standards.
D. The concurrent submission of appropriate technical
analysis that the code writing agency may use to support
the proposal.
E. The concurrent submission of a fiscal analysis of the
proposed standard.
1.Requires a code writing agency that proposes green building
standards and offers advice to the BSC via an advisory panel,
to the extent feasible, to indicate those voluntary green
building measures that may be considered for possible adoption
as mandatory within the next two subsequent adoption cycles.
2.Additionally emphasizes expenditures from building permit fees
for updating verification guidelines for CalGreen Tier 1 or
Tier 2 building standards and educational efforts, including,
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but not limited to, training for local building officials in
green building standards.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: No
According to the Senate Appropriations Committee, one-time costs
of about $130,000 per year for one to two years to develop
regulations and expand training information by the Building
Standards Commission (Building Standard Administration Special
Revolving fund).
SUPPORT : (Verified 8/14/13)
California Building Industry Association
U.S. Green Building Council, California Chapter
ARGUMENTS IN SUPPORT : According to the author's office, the
adoption of CalGreen as a separate section within the CBC has
caused some confusion and challenges for architects, designers,
builders, and local building departments. Particular trades and
inspectors may only review the part of the CBC relevant to their
trade and may be unaware of the related green building standards
that are located together in a separate chapter of the code.
This bill requires BSC to integrate green building standards
into the appropriate parts of the CBC, creating a "uniform
building code that is green throughout." The author's office
further seeks to bring more clarity to the green building
standard update process and improve resources for implementation
and training.
ASSEMBLY FLOOR : 76-1, 5/28/13
AYES: Achadjian, Alejo, Allen, Ammiano, Atkins, Bigelow, Bloom,
Blumenfield, Bocanegra, Bonilla, Bonta, Bradford, Brown,
Buchanan, Ian Calderon, Campos, Chau, Chávez, Chesbro, Conway,
Cooley, Dahle, Daly, Dickinson, Eggman, Fong, Fox, Frazier,
Beth Gaines, Garcia, Gatto, Gomez, Gonzalez, Gordon, Gorell,
Gray, Grove, Hagman, Hall, Harkey, Roger Hernández, Jones,
Jones-Sawyer, Levine, Linder, Logue, Lowenthal, Maienschein,
Mansoor, Medina, Melendez, Mitchell, Morrell, Mullin,
Muratsuchi, Nazarian, Nestande, Olsen, Pan, Perea, V. Manuel
Pérez, Quirk, Quirk-Silva, Rendon, Salas, Skinner, Stone,
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Ting, Wagner, Waldron, Weber, Wieckowski, Wilk, Williams,
Yamada, John A. Pérez
NOES: Donnelly
NO VOTE RECORDED: Holden, Patterson, Vacancy
JJA:d 8/14/13 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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