BILL ANALYSIS
AB 35
SENATE COMMITTEE ON ENVIRONMENTAL QUALITY
Senator S. Joseph Simitian, Chairman
2007-2008 Regular Session
BILL NO: AB 35
AUTHOR: Ruskin
AMENDED: June 1, 2007
FISCAL: Yes HEARING DATE: July 2, 2007
URGENCY: No CONSULTANT: Randy Pestor
SUBJECT : SUSTAINABLE BUILDING REGULATIONS
SUMMARY :
Existing law :
1)Under the California Integrated Waste Management Act of
1989, contains requirements for recycling certain types of
materials (e.g., metallic discards, papers, plastic trash
bags, rigid plastic packaging containers, cell phones,
paving materials, and waste tires), provides programs for
recycling at certain types of facilities (e.g., schoolsites,
large venues), and requires model ordinances for certain
matters (e.g., adequate areas for collection and loading of
recyclable materials in development projects; diversion of
construction and demolition materials; solid waste
reduction, reuse, and recycling at large venues). The Act
creates the California Integrated Waste Management Board
(CIWMB) under the California Environmental Protection Agency
(CalEPA).
2)Under the California Building Standards Law, sets procedures
for adopting state building codes that require a building
standard adopted or proposed by state agencies to be
submitted to the California Building Standards Commission
(BSC) for approval or adoption prior to codification. Where
no state agency has authority to adopt building standards
applicable to state buildings, the BSC must adopt, approve,
codify, and publish building standards for the design and
construction of state buildings.
This bill creates the Sustainable Building Act of 2007 that:
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1) Requires the CalEPA to adopt regulations for sustainable
building standards by July 1, 2009, for constructing and
renovating state buildings that must address certain
matters (e.g., sustainability of the site, water
efficiency, energy, materials and resources, indoor
environmental quality).
2) Requires adopted regulations to incorporate, at a minimum,
standards described in the US Green Building Council's
(USGBC) Leadership in Energy and Environmental Design
(LEED) silver rating, as set forth in "Version 2.2" of LEED
(published November 2005), including a system for
certifying building projects based on attaining credits by
complying with specified benchmarks.
3) Requires regulations to consider relevant information and
guidelines and allow for flexibility to meet the state's
building standards. (e.g., Green Building Initiative's
"Green Globes" rating system, US Department of Energy
"Green Federal Facilities," and the Governor's Executive
Order S-20-04) that maximize the measures and methods
identified for the regulations (#1 above). The regulations
must require credits for products using wood products with
a credible third-party sustainable forest certification, as
determined by CalEPA. The regulations must also provide
credit for using California-based resources.
4) Requires "developing entities" (State Energy Resources
Conservation and Development Commission, Department of
General Services, CIWMB) to develop regulations, to be
adopted by CalEPA, to consult with certain entities and
organizations, and hold at least two public workshops to
discuss the regulations and receive input from interested
parties.
5) Authorizes CalEPA to revise the guidelines in consultation
with developing entities.
6) Requires CalEPA to consult with the BSC to ensure that
regulations adopted pursuant to the above requirements do
not conflict with the California Building Standards Code.
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7) Requires a state building with capital plans commencing on
or after July 1, 2010, and a renovation to a building owned
by the state that commences on or after that date, to be
built, designed, and operated in accordance with the
sustainable building regulations.
COMMENTS :
1) Purpose of Bill . According to the author, "There is
enormous potential to realize reductions in energy
consumption and greenhouse gas emissions while making many
other beneficial public health and environmental gains just
by changing the way our State buildings are constructed.
Billions of dollars are spent on the construction and
renovation of state buildings; with this buying power the
State is poised to spur on the market for sustainable
building materials and practices. AB 35 ensures that
California is the leader in these efforts and sets the
example for the private sector."
The author cites the California Environmental Protection
Agency building and the East End project as examples of
success stories with green building, and notes that "These
successes include decreased operation costs that recoup any
premium costs that may be incurred with the initial
construction using sustainable practices. It is time that
the efforts undertaken and proven successful under several
administrations become law to demonstrate the State's
commitment to this effort and send a message to the market
place."
2) Opposition and support concerns . Opponents believe that AB
35 "takes authority away from the [BSC] and places the
primary authority of writing building codes with CalEPA"
and "putting CalEPA in charge of 'green building standards'
will clearly create regulatory conflict and will promote
governmental inefficiency by having two separate state
entities performing the very same administrative
functions."
Supporters note that green building issues are important to
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facility managers, as well as building occupants who now
demand living spaces and work environments that have
environmentally conscious design. Supporters also indicate
that green design standards use one-third less energy than
conventional counterparts, and AB 35 will reduce energy
use, reduce greenhouse gas emissions, increase
conservation, and save state money.
3) Related legislation . AB 1337 (Ruskin) of 2006 required the
CIWMB to develop green building standards for state
buildings that was otherwise similar to AB 35, and was
vetoed because Governor Schwarzenegger did not believe the
CIWMB had the expertise to address these building standard
matters. AB 2160 (Lieu) Chapter 742, Statutes of 2006,
requires the Department of General Services to define a
life cycle cost analysis model to be used for certain state
building design and construction decisions, and requires
the State Energy Resources Conservation and Development
Commission to report on certain related matters. AB 2880
(Lieu) of 2006 requires the CIWMB to provide certain
greenbuilding information on an Internet website and to
create an advisory committee to assist the board in
developing and updating the website (held in the Senate
Appropriations Committee). AB 2928 (Laird) of 2006
addressed voluntary green building guidelines for
residential construction and was referred to the Senate
Rules Committee pursuant to Senate Rule 29.10 due to
amendments on the Senate Floor giving responsibility for
the guidelines to the BSC.
AB 888 (Lieu) provides for green building standards for
nonresidential buildings and will be heard by the Senate
Environmental Quality Committee July 2, 2007. AB 1058
(Laird) provides for green building best practices and
standards for residential construction, and was approved by
the Senate Transportation and Housing Committee June 26,
2007 (7-4). AB 1058 will be heard by the Senate
Environmental Quality Committee July 10, 2007.
4) Author wishes to revise standard . The author wishes to
change the LEED standard from "silver" to "gold," because a
study by the CIWMB shows the cost premium for silver-level
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buildings averaged 2.1% while gold buildings had an average
cost premium of 1.8%. According to this study, "Data
indicates that it is possible to build Gold level buildings
for little additional cost . . . and LEED Gold may be the
most cost effective design objective for green buildings."
5) Potential for more direct approach for sustainable state
buildings ? AB 35 establishes a process for certain
entities to develop regulations, followed by a requirement
for adoption by CalEPA. It may be more appropriate for
this bill to simply require state buildings with capital
development plans commencing on and after July 1, 2010, as
well as renovations of state buildings commencing on or
after that date, to be built, designed, and operated in
accordance with at least the LEED gold rating, while
allowing consideration of other rating systems.
SOURCE : Assemblymember Ruskin
SUPPORT : AFSCME, California League of Conservation
Voters, California State Employees Association,
Nature Conservancy, Sacramento Air Quality
Management District, Sacramento Municipal
Utility District, Sierra Club California, 450
Architects, Inc.,
OPPOSITION : American Chemistry Council, California
Broadcasters Association, California Building
Industry Association, California Business
Properties Association, California Chamber of
Commerce, California Manufacturers & Technology
Association, California State University,
Consulting Engineers and Land Surveyors of
California, Western Electrical Contractors
Association