BILL NUMBER: AB 828 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MARCH 31, 2009
INTRODUCED BY Assembly Member Lieu
(Coauthors: Assembly Members Huffman, Monning, Ruskin, and
Saldana)
( Coauthor: Senator
DeSaulnier )
FEBRUARY 26, 2009
An act to amend Section 18930.5 of the Health and Safety Code,
and to add Section 25402.11 to the Public Resources Code,
relating to building standards.
LEGISLATIVE COUNSEL'S DIGEST
AB 828, as amended, 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.
This bill would require the commission or any state agency
proposing green building standards to seek the input of other state
agencies and consult with representatives from specified groups, as
prescribed. The bill would require any agency providing input to
recommend to the commission or proposing agency whether the standard
should be voluntary or mandatory. The bill would require that
the green building standards adopted and approved by the commission
be inserted into the appropriate part
relevant parts of the California Building Standards Code. The
bill would also require authorize 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)
SECTION 1. It is the intent of the Legislature that all
of the following occur:
(1)
(a) The Building Standards Commission should receive
proposed green building standards from other state agencies with
expertise in green building principles.
(2)
(b) 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)
(c) If any technical modifications are necessary, the
commission should report back to the submitting agency on its reason
for altering a particular standard.
(4)
(d) 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:
(b) In developing green building standards, the commission or any
state agency proposing standards shall seek the input of other state
agencies 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.
(5) The Department of Toxic Substances Control.
(6) The State Department of Public Health.
(7) The Department of Transportation.
(c) If the commission or an agency that proposes green building
standards receives input from another state agency and the input is
consistent with the agency's mandate, the commission or the receiving
agency shall consider, give great weight to, and respond in writing
to, the input provided. A written response is intended to serve as an
acknowledgment of the receipt and consideration of input and allow
the public to track the development of green building standards.
(d) In developing green building standards, the commission or any
state agency proposing the standards shall also consult with
representatives from all of the following:
(1) Environmental advocacy groups.
(2) Interested local government and code enforcement entities.
(3) The building construction and design industry.
(4) Interested public parties.
(e) In addition to meeting the requirements of subdivision (b),
the development of green building standards shall comply with the
process described in Section 18930.
(f) An agency that provides input regarding green building
standards, as described in subdivisions (b) and (c), shall recommend
to the commission or agency proposing the standard whether the
standard should be voluntary or mandatory. Voluntary standards shall
exceed mandatory standards where such mandatory standards exist.
(g) The green building standards adopted or approved by the
commission pursuant to this section shall, at a minimum, be inserted
into the relevant part of the California Building Standards Code,
where appropriate.
SEC. 3. Section 25402.11 is added to the
Public Resources Code , to read:
25402.11. (a) The commission may develop, adopt, and submit to
the commission voluntary energy efficiency standards.
(b) The voluntary standards specified in subdivision (a) shall be
considered green building standards for the purposes of Section
18930.5 of the Health and Safety Code and shall exceed the mandatory
standards adopted by the commission pursuant to Section 25402.