BILL NUMBER: AB 2153 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MARCH 24, 2008
INTRODUCED BY Assembly Member Krekorian
FEBRUARY 20, 2008
An act relating to energy. An act to add
Section 25405.7 to the Public Resources Code, relating to building
standards.
LEGISLATIVE COUNSEL'S DIGEST
AB 2153, as amended, Krekorian. Energy: energy and
Building standards: water conservation.
The Warren-Alquist State Energy Resources Conservation and
Development Act requires the State Energy Resources Conservation and
Development Commission to prescribe, by regulation, energy and water
conservation design standards for new residential and new
nonresidential buildings.
This bill would state an intent of the Legislature to enact
legislation regarding energy and water efficiency and conservation in
new developments.
This bill would require the commission to adopt, on or before
January 1, 2012, regulations requiring a residential or
nonresidential construction project commenced on or after January 1,
2014, to minimize, in a cost-effective manner, and to offset the
projected water usage of the residential and nonresidential
construction project. The regulations would establish guidelines for
programs to offset the projected water usage of the regulated
construction. The regulations would establish a water usage
calculator to determine the projected water usage of the regulated
construction project and a water savings calculator to determine the
projected water savings expected from the specified programs. The
bill would exempt defined public buildings and educational facilities
from these requirements. The commission would be required to consult
with specified parties and to hold one or more public hearings
before adopting the regulations.
Vote: majority. Appropriation: no. Fiscal committee: no
yes . State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 25405.7 is added to the
Public Resources Code , to read:
25405.7. (a) On or before January 1, 2012, the commission shall
adopt regulations requiring a residential or nonresidential
construction project commenced on or after January 1, 2014, to
minimize, in a cost-effective manner, and to offset the projected
water usage of the residential and nonresidential construction. The
regulations shall do all of the following:
(1) Specify water efficiency measures to minimize the water usage
of the regulated construction.
(2) Establish a water usage calculator to determine the projected
water usage of the regulated construction.
(3) Establish a water savings calculator to determine the
projected water savings expected from an offset program.
(4) Require a regulated construction project to offset its
projected water usage as determined by the water usage calculator
established pursuant to paragraph (3).
(5) Establish guidelines for an offset program allowing the
builder to offset the regulated construction project's projected
water usage. The guidelines shall do all of the following:
(A) Prioritize programs that reduce water usage of existing
buildings by maximizing water-use efficiency in existing buildings
within the same hydrologic region of the regulated construction.
(B) Prioritize programs for the development of new water supplies
that are cost effective, climate change resilient, the least carbon
intensive, and maximize regional water self-sufficiency.
(C) Provide opportunities for the builders to partner with
governmental and nongovernmental entities to comply with the offset
requirements.
(6) Ensure that 40 percent of the projects used to offset the
water usage of the new residential or nonresidential building are
implemented in disadvantaged communities within the same hydrologic
region of the regulated construction. Eligible projects may include,
but are not limited to, infrastructure rehabilitation.
(7) Require verification by the commission that the offset
programs meet the guidelines established pursuant to paragraph (5).
(8) Require the offset to be real, permanent, quantifiable, and
verifiable and to equal or exceed the water usage of the regulated
construction as determined by the water usage calculator established
pursuant to paragraph (2).
(9) Require periodic reporting from the builder to verify and
enforce compliance with the requirements of paragraph (5). The report
shall include a rigorous and consistent accounting of the calculated
water usage of the regulated construction, a listing of the measures
used to offset the usage, and a rigorous and consistent accounting
of the calculated water savings for the listed measures.
(b) In adopting the regulations pursuant to subdivision (a), the
commission shall consult with parties who would be subject to the
proposed regulations and other interested and affected parties and
hold one or more public hearings regarding the proposed regulations.
All potentially affected parties shall be provided with advance
notice of the public meeting and given an opportunity to provide
written or oral comments. In developing the regulations, the
commission shall consider all comments provided by interested
parties.
(c) (1) The commission shall review and update the guidelines
developed pursuant to paragraph (5) of subdivision (a).
(2) The commission shall publish the updated guidelines on its
Internet Web site.
(d) (1) For the purposes of this section, nonresidential
construction does not include a public building as defined in Section
15802 of the Government Code or a building that is in Occupancy
Group E as defined in the State Building Standards Code (Title 24 of
the California Code of Regulations).
(2) For the purposes of this section, the following terms shall
have the following definitions:
(A) "Disadvantaged community" has the same meaning as that set
forth in Section 75005.
(B) "Hydrologic region" has the same meaning as set forth in the
California Water Plan developed pursuant to Part 1.5 (commencing with
Section 10004) of Division 6 of the Water Code.
SECTION 1. It is the intent of the Legislature
to enact legislation regarding energy and water efficiency and
conservation in new developments.