BILL NUMBER: AB 828	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Lieu
   (Coauthors: Assembly Members Huffman, Monning, Ruskin, and
Saldana)

                        FEBRUARY 26, 2009

   An act to amend Section 18930.5 of the Health and Safety Code,
relating to building standards.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 828, as introduced, Lieu. Green building standards.
   Existing law requires the State Energy Resources Conservation and
Development Commission to prescribe, by regulation, energy
conservation and water efficiency standards for new residential and
nonresidential buildings to reduce wasteful, uneconomic, inefficient,
or unnecessary consumption of energy.
   The California Building Standards Law provides for the adoption of
building standards by state agencies by requiring all state agencies
that adopt or propose adoption of any building standard to submit
the building standard to the California Building Standards Commission
for approval or adoption. Existing law requires the commission to
adopt, approve, codify, update, and publish green building standards
for any occupancy for which no state agency has the authority or
expertise to propose those standards.
   This bill would revise the commission's requirement to adopt,
approve, codify, update, and publish green building standards from a
state agency. The bill would authorize any state agency, including,
but not limited to, several specified agencies, to propose to the
commission mandatory green building standards in their area of
expertise. The bill would require that the green building standards
adopted and approved by the commission be inserted into the
appropriate part of the California Building Standards Code. The bill
would also require the State Energy Resources Conservation and
Development Commission to develop and adopt voluntary energy
efficiency or water efficiency standards, as described.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  (a) The Legislature finds and declares that in future
rulemaking cycles, the green building standards developed by the
Building Standards Commission will be integrated into the main body
of the California Building Standards Code. These standards, which
include the current green building standards, will constitute
mandatory state minimum standards. Thus, Part 11 (commencing with
Section 101) of Title 24 of the California Code of Regulations that
is known as the California Building Standards Code will cease to be
named the "Green Building Standards Code" and remain empty. These
green building standards will be subject to the same regular update
cycle as prescribed by law.
   (b) It is the intent of the Legislature that all of the following
occur:
   (1) The Building Standards Commission should receive proposed
green building standards from other state agencies with expertise in
green building principles.
   (2) Consistent with current practice, if another state agency or
department proposes building standards in its area of expertise, the
commission should guide the proposed standards through a process for
public and expert review before adopting them.
   (3) If any technical modifications are necessary, the commission
should report back to the submitting agency on its reason for
altering a particular standard.
   (4) The commission should develop green building standards in an
open-public process and provide ample opportunity for input from all
stakeholders.
  SEC. 2.  Section 18930.5 of the Health and Safety Code is amended
to read:
   18930.5.  (a)    If no state agency has the
authority  or expertise  to propose  or adopt
 green building standards  applicable to a particular
occupancy  , the commission shall adopt, approve, codify,
update, and publish  mandatory  green building standards
 for those occupancies  . 
   (b) Any state agency may propose to the commission green building
standards in their area of expertise, provided the proposed standards
do not conflict with authority granted under other laws or
regulations, including, but not limited to, all of the following:
 
   (1) The California Environmental Protection Agency.  
   (2) The California Integrated Waste Management Board.  
   (3) The State Air Resources Board.  
   (4) The Department of Water Resources.  
   (5) The Department of General Services.  
   (6) The Office of the State Fire Marshal.  
   (7) The Department of Housing and Community Development. 

   (8) The Department of Toxic Substances Control.  
   (9) The California Health and Human Services Agency.  
   (10) The Department of Transportation.  
   (c) Consistent with this part, the commission shall guide the
proposed mandatory standards through a process for public and expert
review before their adoption. If any technical modifications are
necessary, the commission shall report back to the submitting agency
with the reason for altering a particular standard.  
   (d) The green building standards developed and adopted by the
commission pursuant to this section shall be inserted into the
California Building Standards Code, where appropriate, and cease to
comprise Part 11 (commencing with Section 101) of Title 24 of the
California Code of Regulations that is known as the California
Building Standards Code.  
   (e) (1) The State Energy Resources Conservation and Development
Commission shall develop, adopt, and submit to the commission
voluntary energy efficiency or water efficiency standards.  

   (2) The voluntary standards specified in paragraph (1) shall be
considered green building standards for purposes of this section and
shall meet or exceed the standards adopted by the commission pursuant
to Sections 25401.9 and 25402 of the Public Resources Code. 

   (3) Nothing in this subdivision shall alter the existing authority
of the State Energy Resources Conservation and Development
Commission to develop and adopt energy and water efficiency standards
pursuant to Sections 25401.9 and 25402 of the Public Resources Code.
 
   (f) Green building standards proposed or adopted by authorized
agencies and adopted or approved by the commission pursuant to this
section shall minimize the building's impact on the environment
through efficient use of natural resources, enhance occupant comfort
and health, and reduce strain on the local infrastructure while
utilizing best available technology and building practices. These
building standards include, but are not limited to, standards
relating to site planning, water efficiency, energy efficiency,
materials and resource efficiency, reduction of toxic chemicals,
indoor air quality, and environmental quality.  
   (g) Nothing in this section shall alter the authority of another
state agency to develop, propose, or adopt standards pursuant to
Section 18930 and Sections 25402 and 25401.9 of the Public Resources
Code.