BILL ANALYSIS
AB 433
Page 1
Date of Hearing: April 27, 2009
ASSEMBLY COMMITTEE ON NATURAL RESOURCES
Nancy Skinner, 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 develop standards for ventilation systems
for new multifamily residential buildings (10 or more units)
located within 500 feet of a roadway for areas exceeding a
specified particulate matter (PM) level.
EXISTING LAW :
1)Requires all building standards that are adopted or proposed
by state agencies to be submitted, approved and adopted by the
Building Standards Commission (BSC).
2)Requires HCD to propose the adopting, amending or repealing
building standards to BSC for residential buildings including,
hotels, motels, lodging houses, apartment houses, dwellings,
buildings and structures.
3)Establishes the Children's Environmental Health Protection
Act, which requires the Air Resources Board (ARB) and the
Office of Environmental Health Hazard Assessment (OEHHA) to
review all ambient air quality standards to determine whether
they adequately protect the public health, including children.
Requires OEHHA to identify toxic air contaminants that may
cause illness to infants and children, and requires ARB to
determine the adequacy of existing control measures, or the
need for new measures, for toxic air contaminants.
4)In 2008, the California Energy Commission (CEC) adopted new
energy efficiency standards (Title 24), which go into effect
this summer. The standards require mechanical ventilation to
alleviate indoor air emissions associated with new
construction.
THIS BILL :
1)On or before July 1, 2012, requires HCD to propose building
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standards to the Building Standards Commission (BSC) for
ventilation systems in new residential buildings with 10 or
more dwelling units located within 500 feet of freeways and
roadways if the annual average PM 2.5 concentration is greater
than 12 micrograms per cubic meter (ug/m3).
2)Requires HCD to consult with ARB and CEC when developing the
standards.
3)Defines "PM 2.5" as solid particles and liquid droplets found
in the air that are less than 2.5 micrometers in diameter.
FISCAL EFFECT : Unknown
COMMENTS :
1)Building standard adoption process
BSC was created to coordinate the adoption of universal building
standards for the state. Among BSC 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 residential building
standards.
2)Health effects of air pollutants
According to the author, "air pollutant exposure 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
Environmental Health Hazard Assessment (OEHHA), indicates that
children have greater exposure than adults to airborne
pollutants. Infants and children generally breathe more rapidly
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than adults, which increase their exposure to any pollutants in
the air. Children and infants are also more likely to breathe
through their mouths, which bypasses the filtering effect of the
nose. Children are also more susceptible to the health effects
of air pollution because their immune systems and developing
organs are still immature. The report states that "Exposure to
toxic air contaminants during infancy or childhood could affect
the development of the respiratory, nervous, endocrine and
immune systems, and could increase the risk of cancer later in
life."
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 ARB, 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, ARB adopted new ambient air quality standards for
PM 10 and PM 2.5. Based on an extensive review of the
health-based scientific literature, ARB set the ambient annual
average standard for PM 2.5 at 12 ug/m3.
The new energy efficiency standards adopted by CEC address
concerns raised by ARB relating to indoor air quality from
building materials, interior fixtures, and furniture. They do
this by requiring new residential construction to incorporate
mechanical ventilation systems that draw outside air into the
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building that can be controlled by the occupant. While this is
beneficial in most instances, this standard does not address the
issue raised in this bill.
Air filtration systems with high efficiency particulate air
filters can reduce particulate levels. The system must be rated
for the room size and proper maintenance of the filter is
necessary to provide protection. The author cites seven
national manufacturers that produce filtration systems that are
capable of sufficiently reducing particulate matter (PM) to less
dangerous levels.
3)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 BSC to have any
force or effect.
San Francisco adopted an ordinance last year, introduced by the
author of this bill, to require sponsors of new developments to
avoid air quality related health impacts to residents when
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.
4)This bill
This bill requires 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 with
an annual average 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 ARB and the CEC.
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5)Double referred
This bill was heard in the Assembly Committee on Housing and
Community Development on April 15th, where is passed with a vote
of 5-2.
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REGISTERED SUPPORT / OPPOSITION :
Support
City of Palm Desert
Opposition
None on file
Analysis Prepared by : Elizabeth MacMillan / NAT. RES. / (916)
319-2092