BILL ANALYSIS
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|SENATE RULES COMMITTEE | AB 210|
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THIRD READING
Bill No: AB 210
Author: Hayashi (D)
Amended: As introduced
Vote: 21
SENATE TRANS. & HOUSING COMMITTEE : 10-0, 6/16/09
AYES: Lowenthal, Huff, Ashburn, DeSaulnier, Harman,
Hollingsworth, Kehoe, Oropeza, Pavley, Wolk
NO VOTE RECORDED: Simitian
SENATE ENV. QUALITY COMMITTEE : 7-0, 7/6/09
AYES: Simitian, Runner, Ashburn, Corbett, Hancock,
Lowenthal, Pavley
ASSEMBLY FLOOR : 74-4, 5/11/09 - See last page for vote
SUBJECT : Authority of local governments to adopt green
building standards
SOURCE : California Building Industry Association
California State Council of Laborers
California State Pipe Trades Council
DIGEST : This bill clarifies that cities and counties may
amend state green building standards if they make a finding
that the amendments are reasonably necessary because of
local climatic, geological, or topographical conditions.
ANALYSIS : The California Building Standards Law
establishes the California Building Standards Commission
CONTINUED
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(BSC) and the process for adopting state building
standards. Under this process, relevant state agencies
propose amendments to model building codes, which the BSC
must then adopt, modify, or reject. For example, the
Department of Housing and Community Development (HCD) is
the relevant state agency for residential building
standards. The Office of Statewide Health Planning and
Development is responsible for hospitals and clinics, and
the Division of the State Architect is the relevant
agencies for schools and emergency service buildings. Not
all buildings fall under the jurisdiction of a relevant
state agency. Most commercial, industrial, and
manufacturing structures are considered "local buildings,"
over which local governments may determine applicable
building standards.
Under current law, cities and counties may amend state
building standards if they make a finding that the
amendments are reasonably necessary because of local
climatic, geological, or topographical conditions.
This bill clarifies that cities and counties may amend
state green building standards if they make a finding that
the amendments are reasonably necessary because of local
climatic, geological, or topographical conditions.
Background
Current authority . Current law allows a city or county to
amend state building standards based on local climatic,
geological, or topographical conditions. A number of local
governments have already adopted their own green building
standards using this exception to the general preemption.
None of these local standards has been challenged to date.
Were a legal challenge to occur, it is very unlikely that
the case would center on the ability of cities and counties
to amend green building standards (the subject of this
bill), because there is no dispute. A green building
standard is no different from any other building standard,
and local authority to make changes or modifications is
well established. As a result, this bill makes explicit
but does not alter the ability of local governments to
adopt green building standards.
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Were a legal challenge to a local green building standard
to be filed, the case would more likely center on the
adequacy of the findings generally or the "local" nature of
the conditions cited in the findings. While global
warming, a frequent reason for adopting local green
building standards, is clearly a "climatic" condition and
has local impacts, the impacts are not necessarily unique
to a particular locality. At least one Attorney General
(AG) opinion, AG OP 55-157 (1972), however, states, "It
would therefore appear that 'local conditions' are anything
that the local board deems them to be and deems serious
enough to put in the public record as being a 'local
condition.'" If a court were to follow this line of
reasoning, then it is likely that the court would uphold a
local government's amendment of green building standards
based on local climatic conditions.
Current status of state green building standards . In July
2008 the BSC adopted the first set of green building
standards for California. HCD, the Division of the State
Architect, the Office of Statewide Health Planning and
Development, and the BSC itself developed these standards,
which take effect August 1, 2009. Many of the standards,
especially with respect to non-residential construction,
are voluntary. Those standards that are mandatory in some
cases reflect existing mandates. In other words, this
first round of proposed standards is not especially strong.
Now that this first set of standards is in place, however,
these agencies are working on a more stringent set of
standards to be adopted in 2010. Staff for the BSC states
that this second round will include a greater number of
mandated building features.
Previous legislation
AB 2939 (Hancock) of 2008 would have allowed cities and
counties to amend state green building standards without
having to make a finding based on local climatic,
geological, or topographical conditions but rather with a
finding that the amendment is "reasonably necessary to
mitigate or address environmental conditions and that the
cost of the modification is reasonable and will not
unreasonably impact housing affordability." In Governor
Schwarzenegger's veto message, he stated that the bill was
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overly far reaching because it would have allowed local
governments to make wholesale changes to the state building
code, even to non-green building standards. The governor
instead encouraged the Legislature to work on legislation
that "provides the absolute clarity that local governments
can strengthen the state's green building standards while
maintaining California's rigorous uniform statewide health
and safety standards." This bill is an attempt to provide
that clarity.
FISCAL EFFECT : Appropriation: No Fiscal Com.: No
Local: No
SUPPORT : (Verified 7/7/09)
California Building Industry Association (co-source)
California State Council of Laborers (co-source)
California State Pipe Trades Council (co-source)
American Council of Engineering Companies of California
American Federation of State Council, and Municipal
Employees
American Institute of Architects, California Council
Associated General Contractors
California Apartment Association
California Association of Realtors
California Building Officials
California Business Properties Association
California Chamber of Commerce
California Forestry Association
California Homebuilders
California Manufacturers & Technology Association
City of Palm Desert
City of Visalia
City of Vista
Elevator Constructors Union
International Association of Plumbing and Mechanical
Officials
Joint Labor Management Committee of the Forest Products
Industry
League of California Cities
San Diego Regional Chamber of Commerce
South Bay Cities Council of Governments
State Association of Electrical Workers
Western States Council of Sheet Metal Workers
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ARGUMENTS IN SUPPORT : 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 that are more stringent than those adopted by the
state. Such clarification in statute will significantly
reduce the need for legal review and related costs for
local jurisdictions concerned that such authority may not
exist.
ASSEMBLY FLOOR :
AYES: Adams, Ammiano, Arambula, Beall, Bill Berryhill, Tom
Berryhill, Blakeslee, Block, Blumenfield, Brownley,
Buchanan, Caballero, Charles Calderon, Carter, Chesbro,
Conway, Cook, Coto, Davis, De La Torre, De Leon,
Emmerson, Eng, Evans, Feuer, Fletcher, Fong, Fuentes,
Fuller, Furutani, Gaines, Galgiani, Gilmore, Hagman,
Hall, Harkey, Hayashi, Hernandez, Hill, Huber, Huffman,
Jeffries, Jones, Knight, Krekorian, Lieu, Logue, Bonnie
Lowenthal, Ma, Mendoza, Monning, Nava, Nestande, Niello,
John A. Perez, V. Manuel Perez, Portantino, Price,
Ruskin, Salas, Saldana, Silva, Skinner, Smyth, Solorio,
Audra Strickland, Swanson, Torlakson, Torres, Torrico,
Tran, Villines, Yamada, Bass
NOES: Anderson, Garrick, Miller, Nielsen
NO VOTE RECORDED: DeVore, Duvall
JJA:do 7/7/09 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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