BILL NUMBER: AB 888 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 9, 2007
INTRODUCED BY Assembly Members Lieu and Laird
FEBRUARY 22, 2007
An act to add Section 18941.7 to the Health and Safety
Part 4.5 (commencing with Section 71350) to Division
34 of the Public Resources Code, relating to building
standards.
LEGISLATIVE COUNSEL'S DIGEST
AB 888, as amended, Lieu. Green building standards.
Existing law authorizes state sets forth
various requirements for energy and design efficiency in the
construction of nonresidential buildings. Existing law authorizes
state agencies to submit, and requires the Building Standards
Commission to receive and review, proposed building standards for
adoption, approval, publication, and codification.
This bill would require state agencies with
responsibility for proposing building standards to the commission to
develop those proposed building standards to ensure that green
building elements are integrated into the standards. The bill would
define green building elements for these purposes and make
legislative findings and declarations the California
Environmental Protection Agency (Cal-EPA), by July 1, 2009, in
conjunction with a working group of certain state entities that it
would coordinate, and, in consultation with specified public and
private sector organizations, to develop, adopt, and make available a
set of minimum green building standards for specified nonresidential
public sector buildings. The standards would have to meet
and encompass, at a minimum, the United States Green Building
Council's (USGBC) Leadership in Energy and Environmental Design
(LEED) gold rating for new construction and major renovation. The
California Building Standards Commission would be required to review
these standards to ensu re that they exceed and are not in
conflict with the existing standards in the California Building
Standards Code. Before adopting the set of minimum green building
standards, Cal-EPA would be required to hold 2 public
workshops .
The bill would require Cal-EPA, on or before July 1, 2010, to
submit the set of minimum green building standards to the California
Building Standards Commission for adoption by that commission in the
California Building Standards Code. The commission would be
prohibited from reducing the minimum standards proposed by the agency
but would be authorized to revise those standards. New public sector
buildings constructed on or after July 1, 2012, that are 50,000
square feet or greater would be required to meet the minimum
standards that are adopted by the California Building Standards
Commission. A new public sector building constructed on or after July
1, 2012, that is less than 50,000 square feet or greater would be
required to meet the adopted standards unless the owner of the
building meets criteria, based on economic considerations, developed
by CAL-EPA for granting a waiver.
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. Part 4.5 (commencing with Section
71350) is added to Division 34 of the Public Resources
Code , to read:
PART 4.5. GREEN BUILDING STANDARDS FOR NONRESIDENTIAL
BUILDINGS
71350. The Legislature finds and declares all of the following:
(a) Buildings account for nearly 40 percent of the carbon dioxide
emissions in the United States, more than any other sector.
(b) Transforming the building environment to be more energy
efficient and climate friendly is a vital tool in the fight against
global warming and toward reducing dependence on foreign oil.
(c) A United Nations' study showed that better architecture and
energy savings in buildings could do more to fight global warming
than all the curbs on greenhouse gases agreed to under the United
Nations' Kyoto Protocol.
(d) The state is committed to providing leadership on energy,
environmental, and public health issues by implementing innovative
and resource-efficient building design practices and other programs
that improve the lives of the state's 34.5 million residents.
(e) The widespread adoption of green building principles would
result in significant long-term benefits to the state's environment,
including reduction in the demand for energy, water, and waste stream
services, and the fiscal and environmental impacts resulting from
the expansion of these infrastructures.
(f) Green buildings enhance indoor air quality, incorporate
environmentally preferable products, and protect the building
occupants' health.
(g) In depth studies of projects to analyze the cost of green
buildings, using detailed cost estimates, demonstrate that there is
no significant difference in the construction costs for the United
States Green Building Council's Leadership in Energy and
Environmental Design (LEED) buildings versus nonLEED buildings in any
of the categories.
(h) More than a decade of results has proven that green buildings
save money and typically pay back any additional first costs in
operational savings within their first year of occupancy.
71351. It is the intent of the Legislature, in enacting this
part, to recognize that no one set of existing green building
practices may encompass the state's unique economic and natural
resources-related environment. It is further the intent of the
Legislature to ensure that the minimum standards 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
(d) of Section 71352.
71352. For the purposes of this part, the following terms means
the following:
(a) "Agency" means the California Environmental Protection Agency.
(b) "Green 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) "LEED gold rating" means the United States Green Building
Council's (USGBC) Leadership in Energy and Environmental Design
(LEED) gold rating for new construction and major renovation, as set
forth in "Version 2.2" of LEED, as published by the USGBC in November
of 2005.
(d) "Minimum green building standards" means green building
standards for public sector buildings that meet and encompass, at a
minimum, the LEED gold rating or equivalent, and include, but are not
limited to, all of the following:
(1) Sustainability of the site.
(2) Water efficiency.
(3) Energy and atmosphere.
(4) Material and resources and sustainable wood.
(5) Indoor environmental quality.
(6) Innovation and design process.
(7) Nonmotorized transportation.
(8) A method for determining life-cycle cost, including evaluating
the relative effectiveness, cost, and life-cycle savings, if any, by
the use of individual or multiple green building measures specified
in this part.
(e) "Public sector building" means a nonresidential building that
is within the occupancy groups specified in subdivision (a) of
Section 100 of Title 24 of the California Code of Regulations. Public
sector building does not include either of the following:
(1) A building owned or leased by the state or the Regents of the
University of California.
(2) A building subject to Section 17070.965 of the Education Code.
71353. (a) On or before July 1, 2009, the agency, with the
working group that it coordinates pursuant to subdivision (b), shall
develop, adopt, and make available, a set of minimum green building
standards.
(b) (1) To develop the minimum green building standards pursuant
to subdivision (a), the agency shall coordinate a working group
consisting of a multiagency effort, including, but not limited to,
all of the following state entities:
(A) The California Integrated Waste Management Board.
(B) The State Energy Resources Conservation and Development
Commission.
(C) The State Air Resources Board.
(D) The Department of Water Resources.
(E) The Department of Housing and Community Development.
(F) The Department of General Services.
(G) The California Building Standards Commission.
(H) The Office of Environmental Health Hazards Assessment.
(I) The State Department of Public Health.
(2) The agency and each state entity specified in paragraph (1)
shall also consult with representatives from each of the following:
(A) The building construction industry.
(B) Recognized environmental advocacy groups.
(C) Interested local government entities.
(D) Interested public parties.
(c) Each state entity specified in paragraph (1) shall take the
lead in developing standards related to its particular area of
expertise and shall ensure that the standards developed are at least
equal to the LEED gold rating level.
(d) The agency shall be responsible for coordinating the
integration of the separate aspects provided by each state entity
into the minimum green building standards. The agency shall consult
with the California Building Standards Commission to ensure that the
standards developed pursuant to this section are not in conflict with
the California Building Standards Code (Title 24 of the California
Code of Regulations).
(e) The minimum standards shall include a system for the
certification of building projects based on attaining credits by
complying with specified prerequisites.
(f) With respect to materials and resources and sustainable wood,
the standards shall provide credits to those projects that use wood
products that have a credible third party sustainable forest
certification, as determined by the agency.
(g) Following the agency's coordination efforts, and prior to
final adoption of minimum green building standards, the California
Building Standards Commission shall review all aspects of the minimum
green building standards to ensure all aspects of these standards
exceed, and are not in conflict with, the existing standards in the
California Building Standards Code (Title 24 of the California Code
of Regulations).
(h) Prior to the adoption of the set of minimum green building
standards pursuant to subdivision (a), the agency shall hold at least
two public workshops to discuss the standards and gather input from
interested parties.
(i) As a part of the minimum green building standards adopted
pursuant to subdivision (a), the agency shall adopt criteria, based
on economic considerations, for determining the granting of a waiver
pursuant to subdivision (b) of Section 71355.
71354. On or before July 1, 2010, the agency shall submit the set
of minimum green building standards adopted pursuant to subdivision
(a) of Section 71353 to the California Building Standards Commission
for adoption by that commission in the California Building Standards
Code (Title 24 of the California Code of Regulations) pursuant to the
State Building Standards Law (Part 2.5 (commencing with Section
18901) of Division 13 of the Health and Safety Code). The California
Building Standards Commission may revise but shall not reduce the
minimum standards submitted by the agency.
71355. (a) On and after July 1, 2012, a new public sector
building that is 50,000 square feet or greater shall be constructed
to meet the minimum green building standards adopted pursuant to
Section 71354.
(b) On and after July 1, 2012, a new public sector building that
is less than 50,000 square feet shall be constructed to meet the
minimum green building standards adopted pursuant to Section 71354
unless the owner of the building or his or her agent obtains a waiver
by demonstrating compliance with the criteria developed pursuant to
subdivision (i) of Section 71533.
SECTION 1. The Legislature finds and declares
the following:
(a) It is critical to both the economic and environmental health
of the state that the state provide leadership to both the private
and public sectors in the arena of energy efficiency and "green"
construction. The most immediate and meaningful way to do this is to
endeavor to include energy efficiency and green building elements in
all state building code revisions.
(b) By calling on the state to consider including green building
measures in its building codes, the Legislature provides taxpayers a
benefit through greener, cheaper to operate buildings and
simultaneously helps to develop markets for recycled, recyclable, and
environmentally sound materials.
(c) Green building goes beyond energy efficiency measures to
include, but not be limited to, using certified sustainable wood
products; aggressive use of high recycled content products;
installation of recyclable carpet, high efficiency lights, and
CFC-free air-conditioning equipment; separation and recycling of
building material waste that occurs during deconstruction,
demolition, and construction; enhancement of indoor air quality by
selection and use of construction materials that do not have chemical
emissions that are toxic or irritant to building occupants;
modification of heating, ventilation, and air-conditioning systems to
provide high-quality indoor air; selection of construction materials
made of substantial recycled content; installation of
high-performance solar control glazing; use of recycled water in
interior and exterior plumbing and landscape; and installation of
alternative energy methods for supplemental energy production.
SEC. 2. Section 18941.7 is added to the Health
and Safety Code, to read:
18941.7. (a) State agencies with responsibility for proposing
building standards to the commission pursuant to this part shall
develop those proposed building standards to ensure that green
building elements are integrated into the standards.
(b) As used in this section, "green building" elements include the
following:
(1) Water recycling and conservation measures in interior and
exterior plumbing and landscaping.
(2) The disposition, recycling, or limitation of construction and
demolition waste.
(3) The utilization of building materials that contain recycled
materials meeting current building standards, including recycled and
recovered construction and demolition waste, and recyclable carpets.
(4) The utilization of alternative energy technologies and
products that provide nonquantifiable public benefits even if they
are not cost-effective when compared to conventional technologies and
products, including onsite generation technologies, such as
photovoltaics, fuel cells, or solar heating systems for water and
swimming pool heating purposes.
(5) Measures to improve indoor air quality.
(6) Interior office space access to natural daytime lighting.
(7) The storage and collection of recyclable materials used by
building occupants, including beverage containers, aluminum, paper,
and other materials.
(8) The installation of wiring, piping, or other infrastructure to
provide for future installation of recharging systems for electric
vehicles, or refueling of alternative fuel vehicles, as appropriate
to the use of the building and potential future demand by fleet
vehicles, employees, or the public.
(9) Designated parking for alternative fuel vehicles and carpool
vehicles.
(10) Siting considerations, including urban infill development,
reduced habitat disturbance, and the preservation and restoration of
historic buildings, if applicable.
(11) Surface runoff filtration and surface runoff reduction from
the building and any new parking structures constructed or renovated
to accommodate the building.
(12) Bicycle infrastructure, including easily accessible enclosed
locking facilities for bicycle parking, bicycle lockers, showers, and
personal locker facilities.
(13) The consideration of convenient access to public transit,
including minimal setbacks to accommodate shorter walking distances
from transit stations.
(14) Construction and demolition debris planning to address debris
from deconstruction of onsite structures and new construction.
(15) Building commissioning, including testing and monitoring of
building systems operations to ensure that building design and
operation criteria are achieved and maintained.
(16) The consideration throughout the design and construction
phases of opportunities to reduce each proposal's annual projected
energy consumption.