BILL ANALYSIS
AB 210
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Date of Hearing: March 31, 2009
ASSEMBLY COMMITTEE ON BUSINESS AND PROFESSIONS
Mary Hayashi, Chair
AB 210 (Hayashi) - As Introduced: February 2, 2009
SUBJECT : Green building standards.
SUMMARY : Specifies that cities and counties are authorized to
adopt green building standards.
EXISTING LAW
1)Authorizes a city of county to make changes or modifications
in the requirements contained in the provisions published in
the California Building Standards Commission (CBSC) for
approval and adoption.
2)Requires that amendments, additions, and deletions to the
California Building Standards Code adopted by a city, county,
or city and county pursuant to existing law, become effective
180 days after publication, or at a later date, as specified.
3)Provides that specified building standards do not limit the
authority of a city, county, or city and county to establish
more restrictive building standards.
FISCAL EFFECT : Unknown. This bill is keyed non-fiscal.
COMMENTS :
Purpose of this bill . According to the author's office, "With
the increased interest in green building design, some
jurisdictions have expressed a need for clarification that they
have the authority to adopt local green building standards which
are more stringent than those adopted by the state. Such
clarification in statute will significantly reduce the need for
legal review and any related costs on this issue by local
jurisdictions concerned that such authority may not exist."
Background . The CBSC was established in 1953 and is responsible
for administering California's building codes, including
adopting, approving, publishing, and implementing codes and
standards. The CBSC publishes the California Building Standards
Code (Code) (latest edition, 2007) every three years, and its
AB 210
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supplements, such as the California Green Building Standards
Code (latest edition, 2008), in intervening years.
The building regulations or standards take effect 180 days after
their publication unless otherwise stipulated. The Code applies
to all occupancies in the State of California. A city, county
or city and county may establish more restrictive building
standards reasonably necessary because of local climatic,
geological or topographical conditions. Findings of the local
condition(s) and the adopted local building standard(s) must be
filed with the CBSC to become effective and may not be effective
sooner than the effective date of the latest edition of the
Code. Local building standards that were adopted and applicable
to previous edition of the Code do not apply to any edition
without appropriate adoption and the required filing.
Support . According to the sponsor, the California Building
Industry Association, "For over thirty years, California
homebuilders have been working in partnership with state and
local government in the development and application of
energy-efficient and water-conserving residential construction
standards. Today, as more and more local communities pursue
these green building standards statewide, AB 210 will provide
clear direction as to how these communities can put green
building to work for them."
Prior Legislation . AB 2939 (Hancock) of 2008 authorizes a local
entity to implement stricter green building standards than the
Code. This bill was vetoed with the following message: "This
bill would authorize local jurisdictions to impose more
restrictive modifications to the California Green Building
Standards Code for both residential and non-residential
building" and is "both unnecessary and far reaching."
Double referred : This bill is double-referred to Assembly
Natural Resources Committee.
REGISTERED SUPPORT / OPPOSITION :
Support
California Building Industry Association (sponsor)
California State Council of Laborers (co-sponsor)
American Council of Engineering Companies of California
Associated General Contractors
AB 210
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CalChamber
California Apartment Association
California Association of Realtors
California Business Properties Association
California Forestry Association
California Manufacturers & Technology Association
California State Association of Electrical Workers
California State Pipe Trades Council
City of Palm Desert
Elevator Constructors Union
International Association of Plumbing and Mechanical Officials
Joint Labor Management Committee of the Forest Products Industry
Western States Council of Sheet Metal Workers
Opposition
None on file.
Analysis Prepared by : Joanna Gin / B. & P. / (916) 319-3301