BILL ANALYSIS
AB 210
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Date of Hearing: April 20, 2009
ASSEMBLY COMMITTEE ON NATURAL RESOURCES
Nancy Skinner, Chair
AB 210 (Hayashi) - As Introduced: February 2, 2009
SUBJECT : Green building standards
SUMMARY : Specifies that a local government may adopt green
building standards that are reasonably necessary because of
local climactic, geological, or topographical conditions.
EXISTING LAW :
1)Authorizes a city of county to make changes or modifications
to the requirements contained in the provisions published by
the Building Standards Commission (BSC) for approval and
adoption.
2)Requires that amendments, additions, and deletions to the
California Building Standards Code (Title 24) 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 green building standards adopted by BSC do not
limit the authority of a city, county, or city and county to
establish more restrictive building standards.
4)Limits a local government's ability to adopt building
standards to those that are "reasonably necessary because of
local climactic, geological, or topographical conditions."
THIS BILL specifies that local governments may adopt changes or
modifications to the California Building Standards Code,
including green building standards, that are reasonably
necessary because of local climactic, geological, or
topographical conditions.
FISCAL EFFECT : This bill is non fiscal.
COMMENTS :
1)Background on building standards
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The BSC is responsible for administering California's building
codes, including adopting, approving, publishing, and
implementing codes and standards. BSC publishes Title 24 every
three years, and its supplements, such as the California Green
Building Standards Code, in intervening years.
Building regulations or standards take effect 180 days after
their publication unless otherwise stipulated. Title 24 applies
to all occupancies in the state. A city or 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 BSC to become effective
and may not be effective sooner than the effective date of the
latest edition of Title 24.
2)Background on green buildings
In response to growing concerns about health, quality of life,
energy costs and dwindling natural resources, an increasing
number of California municipalities are embracing green
building. The following local and national systems have been
developed to serve as guides to green building practices:
a) The Build It Green organization's GreenPoint Rated
system: GreenPoint Rated has been available since 2000.
Its origins lie in the Green Building Guidelines first
developed in Alameda County and is now managed by Build It
Green to serve the entire state. The Guidelines, rating,
and third-party verification system that grew out of them
were developed by residential building stakeholders,
including production builders, contractors, architects and
designers, multifamily home developers, state and local
government leaders, regional and national building-science
experts, product manufacturers and suppliers, and green
building advocates. In the past six years, numerous local
governments have adopted the Guidelines, and many encourage
or require third-party rating. The GreenPoint Rating
process is a non-invasive physical examination of building
systems, structures, materials and components to assess
energy and water efficiency, indoor air quality, resource
efficiency of materials and construction methods, and
construction quality.
b) The California Building Industry Association's (CBIA)
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California Green Builder (CGB) Program: CGB was created by
the Building Industry Institute, the research arm of the
CBIA. CGB's voluntary guidelines set goals for significant
improvements in energy efficiency, indoor air quality and
comfort, on-site waste recycling, and water and wood
conservation.
c) The United States Green Building Council Leadership in
Energy and Environmental Design (LEED) system: LEED is a
third party certification program and the nationally
accepted benchmark for the design, construction and
operation of high performance green 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.
3)Purpose of this bill
According to the author, "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."
According to the sponsor, CBIA, "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."
4)Prior Legislation
AB 2939 (Hancock) of 2008 authorized 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
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residential and non-residential building" and is "both
unnecessary and far reaching."
5)Double referred
This bill was heard in the Assembly Business and Professions
Committee on March 31. It passed on a vote of 11-0.
REGISTERED SUPPORT / OPPOSITION :
Support
American Council o Engineering Companies
American Institute of Architects, CA Council
Associated General Contractors of California
California Apartment Association
California Association of Realtors
California Building Industry
California Business Properties
California Chamber of Commerce
California Forestry Association
California Manufacturers & Technology Association
California State Council of Laborers
California State Pipetrades Council
City of Palm Desert
Elevator Constructors Union
International Association of Plumbing and Mechanical Officials
League of California Cities
State Association of Electrical Workers
Western States Council of Sheet Metal Workers
Opposition
None on file
Analysis Prepared by : Elizabeth MacMillan / NAT. RES. / (916)
319-2092