BILL ANALYSIS
AB 35
Page 1
ASSEMBLY THIRD READING
AB 35 (Ruskin)
As Amended June 1, 2007
Majority vote
NATURAL RESOURCES 5-2 BUSINESS & PROFESSIONS 7-3
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|Ayes:|Hancock, ,Lieber, Laird, |Ayes:|Eng, Bass, Carter, |
| |Salda?a, Wolk | |Hayashi, Hernandez, |
| | | |Price, Torrico |
|-----+--------------------------+-----+--------------------------|
|Nays:|Fuller, Aghazarian |Nays:|Emmerson, Horton, Maze |
| | | | |
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APPROPRIATIONS 12-5
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|Ayes:|Leno, Caballero, Davis, | | |
| |DeSaulnier, Huffman, | | |
| |Karnette, Krekorian, | | |
| |Lieu, Ma, Nava, Solorio, | | |
| |Feuer | | |
| | | | |
|-----+--------------------------+-----+--------------------------|
|Nays:|Walters, Emmerson, La | | |
| |Malfa, Nakanishi, Sharon | | |
| |Runner | | |
| | | | |
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SUMMARY : Requires the California Environmental Protection
Agency (CalEPA) to adopt regulations establishing green building
standards for the construction and renovation of state
buildings. Specifically, this bill :
1) Defines "developing entities" as the State Energy Resources
Conservation and Development Commission (CEC), the Department
of General Services (DGS), and the California Integrated
Waste Management Board (CIWMB).
2) Requires the developing entities to establish the regulations
for sustainable building standards for the construction and
renovation of state buildings, which shall be adopted by the
CalEPA on or before July 1, 2009.
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3) Requires the regulations to incorporate, at a minimum, the US
Green Building Council's Leadership in Energy and
Environmental Design (LEED) Silver rating, to consider other
relevant guidelines, and to be consistent with California's
building standards.
4) Requires the developing entities to consult with appropriate
state agencies; the building and construction industry; the
building and construction supplies industry; environmental
groups; sustainable building groups; other interested
organizations; and the public.
5) Requires CalEPA to consult with the Building Standards
Commission to ensure that the regulations are consistent with
the California Building Standards Code.
6) Requires that any state building for which development of
capital plans or renovations begins on or after July 1, 2010,
be built, designed, and operated in accordance with the
regulations.
FISCAL EFFECT : According to the Assembly Appropriations
Committee, this bill has moderate one-time General Fund costs,
in the range of $500,000 primarily in 2008-09 and 2009-10, to
the CEC, DGS, and CIWMB to develop sustainable building
standards for new or renovated state buildings. To the extent
each of these agencies is already developing components that
could contribute to the development of these standards, these
costs could be lower.
COMMENTS : According to the author, "AB 35 will create
reductions in greenhouse gas emissions, increase resource
conservation, and save the state money by reducing the cost of
building operations." The author indicates that California is
committed to leadership on energy, environmental, and public
health issues. There is an enormous opportunity for the state
to foster continued economic growth and provide environmental
leadership by establishing green building standards for state
buildings.
CIWMB's Web site outlines the features of sustainable buildings,
including: 1) focus on life-cycle cost analysis, sustainable
buildings are less costly in the long term due to lower
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operating expenses; 2) siting new construction near mass
transit, designing to retain the existing natural features, and
use of environmentally sound landscaping practices; 3) use of
energy efficient materials and construction techniques; 4) use
of sustainable construction materials, such as recycled content
materials, low-emission products, and materials with high
durability; 5) design for water and energy efficiency; and, 6)
ongoing sustainable maintenance practices and products.
The US Green Building Council is a national non-profit
organization comprised of more than 7,500 member organizations
and 75 regional chapters working toward the goal of transforming
the building industry to sustainability. To further this goal,
it developed the LEED Green Building Rating System.
LEED is the most widely-accepted benchmark for the design,
construction, and operation of high performance sustainable
buildings. LEED promotes a whole-building approach to
sustainability by recognizing performance in five key areas of
human and environmental health: sustainable site development,
water savings, energy efficiency, materials selection, and
indoor environmental quality.
The state has taken significant actions to encourage sustainable
development; however, the state has not enacted legislation
codifying these steps. In Executive Order S-20-04 (The Green
Building Initiative), adopted in July of 2004, the Governor
committed the state to reducing the state's energy usage by
constructing, retrofitting, and operating state buildings in an
energy-efficient manner. The Sustainable Building Task Force
(Task Force) is a partnership of more than 40 governmental
agencies, led by the State and Consumer Services Agency, which
is charged with implementing The Green Building Initiative. It
comprises representatives from various state agencies with
specific fiscal, construction, and environmental policy
expertise.
The Task Force completed Building Better Buildings: A Blueprint
for Sustainable State Facilities in April, 2001 to recommend
strategies to incorporate cost-effective sustainable building
strategies into the development of state property. The report
notes that California invests over $2.5 billion in the design,
construction, and renovation of state facilities annually.
Buildings consume more than 30% of the energy used in the United
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States produce 25% of greenhouse gas emissions, generate
approximately 30% of the state's solid waste stream, and affect
the health, comfort, and productivity of building occupants.
The blueprint also identified barriers to sustainable building
in state government, including the lack of "uniform building
performance, operating, and maintenance standards for state
facilities."
The Governor acknowledged climate change as a threat to the
environment and committed the state to taking action to address
this issue by signing Executive Order S-3-05. The order calls
for a reduction of greenhouse gas emissions to 2000 levels by
2010; to 1990 levels by 2020; and to 80 percent below 1990
levels by 2050. The Climate Action Team's report, Climate
Action Team Report to the Governor and the Legislature,
identifies strategies to reduce greenhouse gas emissions that
include continued implementation of the Green Building
Initiative and energy efficiency standards for state buildings.
Early in 2007, the state approved a life-cycle cost assessment
methodology to quantify the overall costs and long-term savings
of sustainable building. This tool should streamline and
simplify the implementation of sustainable building requirements
for state buildings.
Analysis Prepared by : Elizabeth MacMillan / NAT. RES. / (916)
319-2092
FN: 0001360