BILL NUMBER: AB 35 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MARCH 28, 2007
INTRODUCED BY Assembly Member Ruskin
(Principal coauthor: Assembly Member Lieu)
DECEMBER 4, 2006
An act to amend Section 15770 of the Government Code, and to
add Part 3.1 (commencing with Section 71117) to Division 34 of
the Public Resources Code, relating to the environment.
LEGISLATIVE COUNSEL'S DIGEST
AB 35, as amended, Ruskin. Environment: state buildings:
sustainable building standards.
Existing
(1) Existing law sets forth
various requirements for energy and design efficiency in construction
and renovation in of state buildings.
This bill would enact the Sustainable Building Act of 2007 and
would require the California Integrated Waste Management
State Public Works Board, by July 1, 2009, to
adopt regulations for sustainable building standards for the
construction or renovation of state buildings, as defined. The bill
would require the board, when adopting the
regulations , to incorporate specified
standards described in the United States Green Building Council's
Leadership in Energy and Environmental Design, including a
certification system based on attaining credits. The bill would
require the regulations to also consider existing relevant
information and guidelines, as specified,
that maximize specified sustainability measures and methods and to
provide for credits for the use of specified products. The bill would
require the State Energy Resources Conservation and Development
Commission, the Department of General Services, and the California
Integrated Waste Management Board to develop the regulations, which
would be adopted by the board and would require those developing
entities to consult with appropriate state agencies, and
specified private and public sector organizations and the public, and
to hold at least 2 public workshops. The bill would require, on and
after July 1, 2010, that a state building for which development of
capitol capital plans commences after
that date, and a renovation commencing on or after that date, be
built, designed, and operated in accordance with those regulations.
(2) Existing law provides that the State Public Works Board
consists of the Director of Finance, the Director of Transportation,
and the Director of General Services, and under specified conditions,
the Treasurer and the Controller.
The bill would also require the State Public Works Board to
include the Treasurer and the Controller for purposes of the bill.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 15770 of the
Government Code is amended to read:
15770. (a) There is in the state government
the State Public Works Board. The board consists of the Director of
Finance, the Director of Transportation, and the Director of General
Services. For
(b) For the purpose of hearing and
deciding upon matters related to the issuance of revenue bonds
pursuant to the State Building Construction Act of 1955 (Part 10b
(commencing with Section 15800)), or any other law authorizing the
issuance of revenue bonds, or for the purpose of adopting
regulations pursuant to the Sustainable Building Act of 2007 (Part
3.1 (commencing with Section 71117) of Division 34 of the Public
Resources Code), the Treasurer and the Controller shall be
members of the board. Three
(c) Three Members of the Senate,
appointed by the Senate Committee on Rules, and three Members of the
Assembly, appointed by the Speaker, shall meet with and participate
in the work of the board to the extent that such
their participation is not incompatible with their
positions as Members of the Legislature. The appointed Members of the
Legislature constitute a legislative interim committee on the
subject of this part with all the powers and duties imposed upon
such those committees by the Joint
Rules of the Legislature.
The amendments made to this section at the 1981-82 Regular Session
of the Legislature shall become operative on January 1, 1983.
SECTION 1. SEC. 2. Part 3.1
(commencing with Section 71117) is added to Division 34 of the Public
Resources Code, to read:
PART 3.1. SUSTAINABLE BUILDING ACT OF 2007
71117. The Legislature finds and declares all of the following:
(a) California is committed to providing leadership on energy,
environmental, and public health issues by implementing innovative
and resource-efficient public building design practices and other
state government programs that improve the lives of California's 35
million residents.
(b) The state invests approximately two billion dollars
($2,000,000,000) annually for design, construction, and renovation,
and more than six hundred million dollars ($600,000,000) annually for
energy, water, and waste disposal at state-funded facilities.
(c) A building's energy, water, and waste disposal costs are
computed over a 25-year period, or for the life of the building, and
far exceed the cost of design and construction.
(d) An opportunity exists for the state to foster continued
economic growth and provide environmental leadership by incorporating
sustainable building practices into the state capital outlay and
building management processes.
(e) Sustainable building practices utilize energy, water, and
materials efficiently throughout the building's life cycle; enhance
indoor air quality; improve employees' health, comfort, and
productivity; incorporate environmentally preferable products, and
thereby substantially reduce the costs and environmental impacts
associated with long-term building operations, without compromising
building performance or the needs of future generations.
(f) The widespread adoption of sustainable building principles
would result in significant long-term benefits to the
California environment, including reductions in smog generation,
runoff of water pollutants to surface water and groundwater sources,
and the demand for energy, water, and sewage treatment services, and
the fiscal and environmental impacts resulting from the expansion of
these infrastructures.
(g) It is critical that the state provides leadership to both the
private and public sectors in the sustainable building arena.
(h) It is the policy of the state to site, design, deconstruct,
construct, renovate, operate, and maintain state buildings that are
models of energy, water, and material efficiency, while providing
healthy, productive, and comfortable indoor environments and
long-term benefits to Californians.
(i) The Climate Action Team's report, Climate Action Team Report
to the Governor and the Legislature, identifies strategies to reduce
greenhouse gas emissions, which include continued implementation of
the Green Building Initiative and energy efficiency standards for
state buildings.
(j) The Climate Action Team has reported to the Governor and the
Legislature an expected savings of 6.5 million tons of greenhouse gas
emissions annually by 2015 due to the continued implementation of
the Green Building Initiative.
(j)
(k) It is the intent of the Legislature, in enacting
this part, to recognize that no one set of existing "green" building
guidelines may encompass the state's unique economic and natural
resources-related environment. It is further the intent of the
Legislature to ensure that the guidelines adopted pursuant to this
part recognize California's leadership in environmental
sustainability practices and include the most rigorous measures and
methods possible with regard to the factors specified in subdivision
(a) of Section 71117.2.
71117.1. For purposes of this part, the following terms have the
following meanings:
(a) "Board" means the California Integrated Waste Management
Board.
(a) "Board" means the State Public Works Board.
(b) "Developing entities" means the State Energy Resources
Conservation and Development Commission, the Department of General
Services, and the California Integrated Waste Management Board.
(b)
(c) "Sustainable building" means a project designed to
reduce both direct and indirect environmental consequences associated
with its construction, use, operation, maintenance, and eventual
decommissioning, the design of which is evaluated for cost,
quality-of-life impacts, future flexibility, ease of maintenance,
energy and resource efficiency, and overall environmental impact,
with an emphasis on life-cycle cost analysis.
(c)
(d) "State building" means a building owned or leased
by the state.
71117.2. (a) On or before July 1, 2009, the board shall adopt
regulations for sustainable building standards for the construction
or renovation of state buildings regarding all of the following:
(1) Sustainability of the site.
(2) Water efficiency.
(3) Energy and atmosphere.
(4) Materials and resources and sustainable wood .
(5) Indoor environmental quality.
(6) Innovation and design process.
(7) Nonmotorized transportation.
(b) When adopting regulations pursuant to this section, the board
shall
(b) (1) The regulations adopted pursuant to this section shall
incorporate, at a minimum, the standards described in the United
States Green Building Council's (USGBC) Leadership in Energy and
Environmental Design (LEED) silver rating, as set forth in "Version
2.2" of LEED, as published by the USGBC in November of 2005,
including a system for the certification of building projects based
on attaining credits by complying with specified prerequisites and
benchmarks.
(2) The regulations shall also
consider those aspects of existing relevant information and
guidelines that maximize the measures and methods identified in
subdivision (a) and shall allow for flexibility to meet California's
building standards. These existing relevant guidelines and
information shall include, but are not limited to, all of the
following:
(1) The United States Green Building Council's Leadership in
Energy and Environmental Design.
(2)
(A) The Green Building Initiative's "Green Globes"
rating system.
(3)
(B) The federal Environmental Protection Agency's
"Federal Green Construction Guide for Specifiers."
(4)
(C) The federal Department of Energy's "Green
"Greening Federal Facilities."
(5)
(D) The state's Building Better Buildings: An Update on
State Sustainable Building Initiatives (Blueprint 2003).
(6)
(E) The Governor's Executive Order S-20-04.
(3) The regulations adopted pursuant to this section shall
require, for purposes of achieving certification, that credits be
provided to those projects that use wood products with a credible
third-party sustainable forest certification, as determined by the
board. The regulations shall also provide credit for the use of
California-based resources, including building materials, products,
industries, manufacturers, and other businesses, to promote the
economic development of this state.
(c) In adopting regulations pursuant to this part, the board shall
take all of the following actions:
(c) The developing entities shall develop regulations pursuant to
this part, to be adopted by the board, and shall take all of the
following actions during the development of the regulations:
(1) Consult with appropriate state agencies, the building and
construction industry, the building and construction supplies
industry, recognized environmental advocacy groups, the
League of California Cities, the California State Association of
Counties, sustainable building groups, other
interested organizations, and the public.
(2) Hold at least two public workshops to discuss the regulations
and gather input from interested parties.
(d) The board, in consultation with the entities set
forth in paragraph (1) of subdivision (c), may revise, if deemed
necessary developing entities, may revise, if deemed
necessary by the board, the regulations developed pursuant to
this section.
(e) The board shall consult with the California Building Standards
Commission to ensure that the regulations developed pursuant to this
section are not in conflict with the California Building Standards
Code. The requirements of Part 2.5 (commencing with Section
18901) of Division 13 of the Health and Safety Code do not apply to a
regulation developed or adopted pursuant to this section.
(f) The board shall consult with the advisory members of the State
Public Works Board before adopting regulations pursuant to this
part.
71117.3. On and after July 1, 2010, a state building for which
development of capital plans commences on and
or after that date, and a renovation to a building owned by
the state that commences on or after that date, shall be built,
designed, and operated in accordance with the regulations adopted
pursuant to this part.
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