BILL ANALYSIS
AB 888
Page 1
Date of Hearing: April 24, 2007
ASSEMBLY COMMITTEE ON BUSINESS AND PROFESSIONS
Mike Eng, Chair
AB 888 (Lieu) - As Amended: April 11, 2007
SUBJECT : Green building standards.
SUMMARY : Requires commercial buildings constructed after July
1, 2012 to meet green building standards. Specifically, this
bill :
1)Requires the California Environmental Protection Agency
(CalEPA) and the working group specified below, on or before
January 1, 2009 and after holding at least two public
workshops, to develop, adopt, and make available minimum green
building standards for commercial buildings, in consultation
with the building construction industry, recognized
environmental advocacy groups, local government entities, and
other interested parties.
2)Establishes a working group to assist CalEPA in developing the
standards, to include: California Integrated Waste Management
Board (CIWMB); State Energy Resources Conservation and
Development Commission; Air Resources Board; Department of
Water Resources; Department of Housing and Community
Development; Department of General Services; and, California
Building Standards Commission (BSC).
3)Requires each state agency identified above to take the lead
in developing standards related to its area of expertise and
to ensure that the standards at least meet the Leadership in
Energy and Environmental Design (LEED) Gold standards.
4)Requires CalEPA to coordinate the integration of the standards
developed by the working group and to consult with BSC to
ensure that the standards are not in conflict with the
California Building Standards Code.
5)Requires CalEPA, on or before July 1, 2010, to submit the
minimum green building standards to BSC for adoption into the
California Building Standards Code. BSC may revise, but shall
not reduce, the standards.
6)Requires, on and after July 1, 2012, all new commercial
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buildings that are 50,000 square feet or larger to be
constructed to meet the minimum green building standards. Any
commercial building smaller than 50,000 square feet shall be
constructed to meet the standards unless the owner can
justify, based on economic considerations, an inability to
comply.
EXISTING LAW :
1)Authorizes the State Public Works Board to develop energy and
water conservation and design efficiency standards for state
buildings.
2)Requires the State Energy Resources Conservation and
Development Commission (CEC) to prescribe building design and
construction standards as well as energy conservation design
standards that increase energy efficiency for new residential
and non-residential buildings.
3)Establishes, pursuant to the Governor's Executive Order
S-3-05, a program that 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 Governor
established the Climate Action Team, headed by the Secretary
for Environmental Protection, to implement global warming
emission reduction programs and to report on the progress made
toward meeting the statewide greenhouse gas targets that were
established in the order.
4)Establishes, pursuant to the Governor's Executive Order
S-20-04, The Green Building Initiative, and orders the state
to take specified actions, including: 1) committing to
aggressive action to reduce state building electricity usage
by 20% in 2015, through cost-effective efficiency measures and
distributed generation technologies; and, 2) siting,
constructing, and operating all new and renovated state-owned
facilities as LEED Silver or higher certified buildings.
FISCAL EFFECT : Unknown
COMMENTS :
Purpose of this bill . According to the author's office: "AB 888
requires that the state create minimum green building standards
for commercial construction, based on the internationally
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recognized LEED principles, but tailored to meet California's
unique geography. Upon completion of the California specific
standards, and beginning in 2012, AB 888 would then require that
applicable projects meet these minimum standards.
"California is the world's 12th largest emitter of greenhouse
gases. Last year, the Governor signed landmark legislation, AB
32 (N??ez and Pavley), Chapter 488, Statutes of 2006, which
established the goal of reducing California's greenhouse gas
emissions (CHG) to 1990 levels by 2020. The building sector is
responsible for almost half (48%) of all energy consumption and
CHG emissions annually; globally the percentage is even greater.
Immediate action in the building sector is essential if we are
to avoid hazardous climate change and protect our environment.
"The case for quick action is bolstered by a new United Nations
study, which found that better architecture and energy savings
in buildings could do more to fight global warming than all
curbs on greenhouse gases agreed under the UN's Kyoto Protocal.
"Earlier this year, the City of Boston amended its zoning code
to require that all major new and rehabilitation construction
projects exceeding 50,000 square feet earn a minimum 26 LEED New
Construction points. While Boston's zoning commission was
initially wary of writing LEED requirements into legislation, it
ultimately chose the rating system because it is the most widely
used at this time. Washington D.C. and Los Angeles are planning
to implement a similar mandate, and other major cities are also
examining ways to mandate a minimal threshold for public
building construction.
"The widespread use of green building criteria will
substantially reduce the state's electricity consumption, air
pollution and water use, as well as improve occupant health and
worker productivity. In addition, reducing overall energy
demand through green building techniques will reduce our
dependence on foreign oil. Therefore, it is reasonable and
necessary to employ green building standards in the construction
and renovation of public sector buildings on a widespread
basis."
Background . The US Green Building Council (USGBC) is a national
non-profit organization comprised of more than 7,500 member
organizations and 75 regional chapters working toward the goal
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of transforming the building industry to sustainability by
establishing a voluntary, consensus-based national rating system
for developing high-performance, sustainable buildings. USGBC's
members, representing every sector of the building industry,
developed and continue to refine Leadership in Energy and
Environmental Design to address all building types, including
new construction, commercial interiors, core and shell,
operations and maintenance, homes, neighborhoods, and specific
applications such as retail, multiple buildings/campuses,
schools, healthcare, laboratories and lodging. LEED emphasizes
state of the art strategies for sustainable site development,
water savings, energy efficiency, materials selection and indoor
environmental quality. LEED promotes expertise in green
building through a comprehensive system offering project
certification, professional accreditation, training and
practical resources.
AB 32 (N??ez and Pavley), Chapter 488, Statutes of 2006,
established the Global Warming Act of 2006, which is a
comprehensive greenhouse gas emissions reduction program that
requires efforts from both the public and private sectors to
achieve the goal of reducing California's greenhouse gas
emissions to 1990 levels by 2020.
Executive Order S-20-04 of 2004 established the Green Building
Initiative, which ordered the state to take specified actions
relative to improving energy efficiency in buildings, including
designing, constructing and operating all new and renovated
state-owned facilities paid for with state funds as "LEED
Silver" or higher certified buildings, encouraging state
agencies to reduce energy purchases from state-owned buildings
by 20% by 2015, urging the State Architect to adopt energy
efficiency guidelines for new schools, and requiring the
California Energy Commission to take all actions within its
authority to increase energy efficiency within non-residential
buildings by 20% by 2015. The Executive Order also directed the
state to identify the most appropriate financing and project
delivery mechanisms to achieve these goals.
Related Legislation . The following bills related to sustainable
building have been introduced in the current legislative
session:
AB 35 (Ruskin) enacts the Sustainable Building Act of 2007,
which requires the State Public Works Board (SPWB) to adopt
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regulations establishing green building standards for the
construction and renovation of state buildings.
AB 1058 (Laird) requires the California Environmental Protection
Agency to establish sustainable building best management
practices for residential home construction.
REGISTERED SUPPORT / OPPOSITION :
Support
California League of Conservation Voters
Natural Resources Defense Council
Opposition
American Forest & Paper Association
California Forestry Association
Lumber Association of California & Nevada
Analysis Prepared by : Ross Warren / B. & P. / (916) 319-3301