BILL ANALYSIS Ó
AB 341
Page 1
CONCURRENCE IN SENATE AMENDMENTS
AB 341 (Dickinson and Gordon)
As Amended June 19, 2013
Majority vote
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|ASSEMBLY: |76-1 |(May 28, 2013) |SENATE: |38-0 |(August 26, |
| | | | | |2013) |
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Original Committee Reference: NAT. RES.
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).
The Senate amendments revise the requirements relating to
expenditure of the building permit fees to:
1)Eliminate the requirements that BSC perform an analysis of
existing green building standards.
2)Eliminate the requirement that BSC develop verification
"protocols" relating to green building standards and instead
require verification "guidelines".
3)Make related technical changes.
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,
AB 341
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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 Senate Appropriations
Committee, this bill has 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).
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
(Núñez), 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% 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), Chapter 719, 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.
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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 higher 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."
This bill 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 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 guidelines to
ensure more technical resources for CalGreen implementation.
Analysis Prepared by : Elizabeth MacMillan / NAT. RES. / (916)
319-2092
FN:
0001755