BILL ANALYSIS                                                                                                                                                                                                    



                                                                       



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                                 THIRD READING


          Bill No:  AB 888
          Author:   Lieu (D), et al
          Amended:  8/31/07 in Senate
          Vote:     21

           
           SENATE ENV. QUALITY COMMITTEE  :  4-2, 7/2/07
          AYES:  Simitian, Kuehl, Lowenthal, Steinberg
          NOES:  Runner, Aanestad
          NO VOTE RECORDED:  Florez

           SENATE APPROPRIATIONS COMMITTEE  :  10-7, 8/30/07
          AYES:  Torlakson, Cedillo, Corbett, Florez, Kuehl, Oropeza,  
            Ridley-Thomas, Simitian, Steinberg, Yee
          NOES:  Cox, Aanestad, Ashburn, Battin, Dutton, Runner,  
            Wyland

           ASSEMBLY FLOOR  :  43-33, 6/5/07 - See last page for vote


           SUBJECT  :    Green building standards

           SOURCE  :     Author


           DIGEST  :    This bill requires new commercial buildings for  
          which a public agency deems the application for a  
          development project complete on or after July 1, 2012, and  
          that are 50,000 feet or greater be designed constructed and  
          operated to meet the applicable standards described in the  
          United States Green Building Council' Leadership in Energy  
          and Environmental Design gold rating or its equivalent,  
          unless the state adopts specified minimum green building  
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          standards, in which case those commercial buildings will be  
          required to meet the adopted standards.

           ANALYSIS  :    Under existing Law, 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:

          1. Defines "Minimum green building standards" to mean green  
             building standards for commercial 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:

             A.    Sustainability of the site.

             B.    Water efficiency.

             C.    Energy and atmosphere.

             D.    Materials and resources and sustainable wood.

             E.    Indoor environmental quality.

             F.    Innovation and design process.

             G.    Nonmotorized transportation.

             H.    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 bill.

          2. Requires a new commercial building for which a public  
             agency, on or after July 1, 2012, deems the application  

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             complete and that is 50,000 square feet or greater,  
             shall be designed, constructed, and operated to meet the  
             applicable standards described in the LEED gold rating  
             or its equivalent.

          3. Provides that if the state adopts minimum green building  
             standards, a new commercial building for which a public  
             agency on or after July 1, 2012, deems the application  
             complete, and that is 50,000 square feet or greater  
             shall meet those adopted standards.

          4. Stipulates that for the purposes of determining  
             compliance with the LEED gold rating or its equivalent,  
             with respect to materials and resources and sustainable  
             wood, a project that uses wood products with a credible  
             third party sustainable forest certification, as  
             determined by the California Environmental Protection  
             Agency, shall be deemed to be in compliance.

          5. Stipulates that these provisions shall not prohibit,  
             limit, or supersede more stringent green building  
             requirements applicable under existing local, state, or  
             federal law.

           Related legislation
           
           AB 1337 (Ruskin) of 2006  , required the CIWMB to develop  
          green building standards for state buildings 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).

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           AB 2928 (Laird) of 2006  , addressed voluntary green building  
          guidelines for residential construction. (Died on Senate  
          Third Reading File)

           AB 35 (Ruskin), 2007-2008 Session  , requires state buildings  
          to meet sustainable building standards. (Currently on Third  
          Reading File)

           AB 1058 (Laird)  , provides for green building best practices  
          and standards for residential construction. (Currently on  
          Senate Third Reading File)

           FISCAL EFFECT  :    Appropriation:  No   Fiscal Com.:  No    
          Local:  No

          According to the Senate Appropriations Committee analysis:

                          Fiscal Impact (in thousands)

           Major Provisions                2007-08     2008-09     2009-10     
            Fund 

          Develop standards                            -unknown, in  
          excess of $150                                   GF

          Adopt standards                         -minor and  
          absorbable                                  GF

          Implement standards                               -unknown  
          increase, in construction                             GF
            in applicable state costs offset by unknown, potentially
            buildings         savings in out years

           SUPPORT  :   (Verified  8/31/07)

          American Lung Association
          California Coastal Protection Network
          California League of Conservation Voters
          City and County of San Francisco
          City of Los Angeles
          County of Santa Cruz
          Defenders of Wildlife, Environmental Defense
          Health Officers Association of California and NRDC

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          Metropolitan Water District of Southern California
          Planning and Conservation League
          Sacramento Metropolitan Air Quality Management District
          Sierra Club California

           ARGUMENTS IN SUPPORT  :    According to supporters,  
          "Buildings account for almost 40 percent of all carbon  
          dioxide emitted in the U.S., more than any other sector.   
          In fact, according to a United Nations study,  
          implementation of green building standards could do more to  
          reduce greenhouse gas emissions than all the actions agreed  
          to under the Kyoto Protocol.  The enactment of AB 32  
          requires the state to take early action to reduce  
          greenhouse gas emissions in the largest mission sectors."   
          Supporters also note that "there is no appreciable  
          difference in the construction costs of LEED-compliant  
          buildings, and any additional up-front costs are paid back  
          many times over in reduced costs of energy and other  
          resources.

           ASSEMBLY FLOOR  : 
          AYES:  Arambula, Bass, Beall, Berg, Brownley, Caballero,  
            Charles Calderon, Carter, Coto, De La Torre, De Leon,  
            DeSaulnier, Dymally, Eng, Evans, Feuer, Fuentes, Hancock,  
            Hayashi, Hernandez, Huffman, Jones, Karnette, Krekorian,  
            Laird, Leno, Levine, Lieber, Lieu, Mendoza, Mullin, Nava,  
            Portantino, Price, Richardson, Ruskin, Salas, Saldana,  
            Solorio, Swanson, Torrico, Wolk, Nunez
          NOES:  Adams, Aghazarian, Anderson, Benoit, Berryhill,  
            Cook, DeVore, Duvall, Emmerson, Fuller, Gaines, Galgiani,  
            Garcia, Garrick, Horton, Houston, Huff, Jeffries, Keene,  
            La Malfa, Maze, Nakanishi, Niello, Parra, Plescia, Sharon  
            Runner, Silva, Smyth, Spitzer, Strickland, Tran,  
            Villines, Walters
          NO VOTE RECORDED:  Blakeslee, Davis, Ma, Soto


          TSM:do  9/2/07   Senate Floor Analyses 

                         SUPPORT/OPPOSITION:  SEE ABOVE

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