BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                            



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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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