BILL ANALYSIS
AB 888
Page 1
GOVERNOR'S VETO
AB 888 (Lieu)
As Amended September 7, 2007
2/3 vote
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|ASSEMBLY: |43-33|(June 5, 2007) |SENATE: |21-18|(September 11, |
| | | | | |2007) |
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|ASSEMBLY: |45-32|(September 12, | | | |
| | |2007) | | | |
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Original Committee Reference: NAT. RES.
SUMMARY : Requires new commercial buildings for which a public
agency deems the application for a development project complete
on or after January 1, 2013, 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's Leadership in Energy and Environmental Design gold
rating or its equivalent, unless the state adopts specified
minimum green building, in which case those commercial buildings
will be required to meet the adopted standards.
The Senate amendments make technical changes to the process used
to assure that commercial buildings meet green building
standards. The amendments:
Replace the requirement for the California Environmental
Protection Agency to establish standards for sustainable
commercial buildings with direction to ensure that commercial
buildings are built to green standards as prescribed.
Extend the implementation date from July 1, 2012 to January 1,
2013.
State that, for purposes of compliance related to the use of
wood products, projects that use wood products with a credible
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sustainable forest certification are deemed to be in compliance.
Stipulate that the provisions of this bill shall not prohibit,
limit, or supersede other green building standards developed
pursuant to existing authority.
Remove portions of the legislative intent language.
Make other technical, conforming changes.
AS PASSED BY THE ASSEMBLY , this bill was substantially similar
to the version of the bill passed by the Senate.
FISCAL EFFECT : According to the Senate Appropriations
Committee, general fund costs, in excess of $150,000 if the
state adopts specified green building standards. Increase in
construction costs offset by unknown, potential, building
operational savings in out years.
COMMENTS : According to the author's office, the widespread use
of green building criteria will substantially reduce the state's
energy consumption, air pollution, and water use, as well as
improve worker health and productivity. Additionally, green
building reduces greenhouse gas emissions and will assist the
state in achieving the greenhouse gas reduction goals
established by Executive Order S-3-05. Therefore, the author
argues that "it is reasonable and necessary to employ green
building standards in the construction and renovation of
commercial buildings."
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.
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The California Integrated Waste Management Board's Web site
states that sustainable buildings: 1) focus on life-cycle cost
analysis, sustainable buildings are less costly in the long term
due to lower 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. To earn
certification, a building project must meet certain
prerequisites and performance benchmarks (credits) within each
category. Projects are awarded Certified, Silver, Gold, or
Platinum certification depending on the number of credits they
achieve.
LEED is the most widely-used 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 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 U.S.,
produce 25% of greenhouse gas emissions, generate approximately
30% of the state's solid waste stream, and affect the health,
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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.
GOVERNOR'S VETO MESSAGE:
I support the development of green building standards
and share the goals of this bill. However, if
implemented [,] provisions in this bill would create
a bias for certain building materials over others
without a clear benefit. For instance, the use of
California wood building construction materials is
highly discouraged in favor of foreign grown bamboo
and wheatgrass.
Additionally, building standards should not be
statutory. The Building Standards Commission was
created to ensure an open public adoption process
allowing experts to develop standards and periodic
updates to the building codes.
Allowing private entities, such as proposed in this
bill, to dictate California's building standards
usurps the state's authority to develop and adopt
standards and could compromise the health and safety
of Californians. I encourage state agencies to
review all nationally recognized programs and glean
from those programs, standards that promote greener
construction, energy and water conservation, and
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reduce Green House Emissions.
It is imperative to expedite the greening of
California's building standards. As such, I am
directing the California Building Standards
Commission to work with specified state agencies on
the adoption of green building standards for
residential, commercial, and public building
construction for the 2010 code adoption process.
Analysis Prepared by : Elizabeth MacMillan / Nat. Res. / (916)
319-2092
FN: 0003731