BILL ANALYSIS
AB 433
Page 1
Date of Hearing: April 15, 2009
ASSEMBLY COMMITTEE ON HOUSING AND COMMUNITY DEVELOPMENT
Norma Torres, Chair
AB 433 (Ammiano) - As Amended: April 13, 2009
SUBJECT : Building standards: newly constructed buildings:
ventilation systems
SUMMARY : Requires the Department of Housing and Community
Development (HCD) to propose building standards to the
California Building Standards Commission (CBSC) by July 1, 2012
that create a standard for ventilation systems for newly
constructed buildings of 10 units or more located within 500
feet of freeways and roadways where the resulting annual average
traffic produces a PM 2.5 concentration that is greater than 12
micrograms per cubic meter (ug/m3). Specifically, this bill :
1)Requires HCD to propose building standards to the CBSC by July
1, 2012 that create a standard for ventilation systems for
newly constructed buildings of 10 units or more located within
500 feet of freeways and roadways where the resulting annual
average traffic produces a PM 2.5 concentration that is
greater than 12 micrograms per cubic meter (ug/m3).
2)Requires HCD to consult with the California Air Resources
Board (CARB) and the California Energy Resources Conservation
and Development Commission (Energy Commission) in proposing
standards for ventilation systems in newly constructed
buildings.
3)Defines "building" as a new residential structure containing
10 or more dwelling units.
4)Defines "PM 2.5" as solid particles and liquid droplets found
in the air that are less than 2.5 micrometers in diameter.
EXISTING LAW :
1)Requires all building standards that are adopted or proposed
by state agencies to be submitted, approved and adopted by the
CBSC (Health & Safety Code Section 18930).
2)Requires proposed building standards, submitted to CBSC for
consideration, to be accompanied by an analysis completed by
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the appropriate state agency that justifies the approval based
on the following criteria:
a) the building standard does not conflict with, overlap or
duplicate other building standards;
b) the proposed standard is within the parameters of the
agency's jurisdiction;
c) the public interest requires the adoption of the
building standard;
d) the standard is not unreasonable, arbitrary, unfair or
capricious;
e) the cost to the public is reasonable, based on the
overall benefit to be derived from the building standard;
f) the standard is not unnecessarily ambiguous or vague;
and
g) the applicable national specifications, published
standards and model codes have been appropriately
incorporated into the standard.
(Health & Safety Code Section 18930)
3)Requires CBSC to receive proposed building standards from a
state agency for consideration in the annual code adoption
cycle. Requires the CBSC to adopt regulations governing the
procedures for the annual adoption cycle which must include
adequate provision of the following:
a) public participation in the development of standards;
b) notice in written form to the public of the compiled
building standards with justifications;
c) technical review of the proposed building standards and
accompanying justification by advisory boards of the
Commission; and
d) time for review of recommendations by the advisory
boards prior to the Commission taking action.
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(Health & Safety Code Section 18929.1)
4)Requires HCD to propose, adopt, amend or repeal building
standards to CBSC for residential buildings including, hotels,
motels, lodging houses, apartment houses, dwellings, buildings
and structures (Health & Safety Code Section 17921).
FISCAL EFFECT : Unknown
COMMENTS :
Building standard adoption process:
CBSC was created to coordinate the adoption of universal
building standards for the state. Among CBSC duties are the
following: receiving proposed building standards from state
agencies for consideration in an annual building code adoption
cycle; reviewing and approving building standards submitted by
state agencies; adopting building standards for state buildings
where no other state agency is authorized by law; and publishing
the approved building standards in the California Building
Standards Code (California Code of Regulations, Title 24).
There are approximately twenty state agencies that develop
building standards; HCD is responsible for standards for
residential buildings.
Health effects of air pollutants :
According to the author, air pollutant exposures and related
health effects are much worse for people living near freeways
and other busy roadways. Public health research has
consistently demonstrated that children living within 200 meters
of freeways or busy roadways have poorer lung function and more
asthma and respiratory systems than those living further from
freeways. A recent study in Alameda County, conducted by the
Office of Health Hazard Assessment, found that children living
near busy roads have more asthma symptoms and bronchitis. Fine
particles from traffic exhaust are of special concern. Air
filtration systems with high efficiency particulate air filters
can reduce particulate levels. The author cites seven national
manufacturers that produce filtration systems that are capable
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of sufficiently reducing particulate matter (PM) to less
dangerous levels.
According to the author, extensive research indicates that
exposure to outdoor PM 10 and PM 2.5 levels exceeding current
air quality standards is associated with increased risk of
hospitalization for lung and heart-related respiratory illness,
including emergency room visits for asthma. PM exposure is also
associated with increased risk of premature deaths, especially
in the elderly and people with pre-existing cardiopulmonary
disease. In children, studies have shown associations between PM
exposure and reduced lung function and increased respiratory
symptoms and illnesses. Besides reducing visibility, the acidic
portion of PM (nitrates and sulfates) can harm crops, forests,
aquatic and other ecosystems.
According to CARB, PM is a complex mixture of tiny particles
that consists of dry solid fragments, solid cores with liquid
coatings, and small droplets of liquid. These particles vary
greatly in shape, size and chemical composition, and can be made
up of many different materials such as metals, soot, soil, and
dust. Particles 10 microns or less in diameter are defined as
"respirable particulate matter" or "PM 10." Fine particles are
2.5 microns or less in diameter (PM 2.5) and can contribute
significantly to regional haze and reduction of visibility in
California.
In June 2002, CARB adopted new ambient air quality standards for
PM 10 and PM 2.5. Based on an extensive review of the
health-based scientific literature, CARB set the ambient annual
average standard for PM 2.5 at 12 ug/m3.
San Francisco's ordinance :
Under existing law, local governments are allowed to establish
more restrictive building standards than those contained in the
California Building Standards Code, that are reasonably
necessary because of local climatic, geological, or
topographical conditions. Local amendments to the California
Building Standards Code must be filed with the CBSC to have any
force or effect.
The City of San Francisco adopted an ordinance last year,
sponsored by the author of this bill, to require sponsors of new
developments to avoid the health impacts to residents when
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proposing new residential development near freeways or other
busy roadways. The ordinance specifically requires a developer
to assess the traffic-related contributions to air pollution at
potential development sites for residential structures of 10
units or more in certain zones with high traffic impacts that
have been identified by the city. The traffic-related air
pollution levels must then be compared against a base line and
if the pollution levels are above that, the building must be
designed to reduce the outdoor PM 2.5 levels by 80% in indoor
spaces.
The purpose of this bill :
This bill would require HCD to propose building standards for
ventilation systems for newly constructed buildings of ten units
or more that are within 500 feet of freeways and roadways where
the resulting annual average traffic produces a PM 2.5
concentration greater than 12 micrograms per cubic meter
(ug/m3). Since HCD may require additional technical expertise
in developing these standards, the bill directs HCD to consult
with the CARB and the Energy Commission.
Double referred : The Assembly Committee on Rules referred AB
433 to the Committee on Housing and Community Development and
the Committee on Natural Resources. If AB 433 passes this
committee, the bill must be referred to the Committee on Natural
Resources.
REGISTERED SUPPORT / OPPOSITION :
Support
American Federation of State, County and Municipal Employees
Breathe California
Opposition
None on file.
Analysis Prepared by : Lisa Engel / H. & C.D. / (916) 319-2085