BILL NUMBER: AB 828	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 16, 2009
	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 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 relevant parts of the California Building Standards
Code. The bill would also authorize the State Energy Resources
Conservation and Development Commission to develop and adopt
voluntary energy 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.  It is the intent of the Legislature that all of the
following occur:
   (a) The Building Standards Commission should receive proposed
green building standards from other state agencies with expertise in
green building principles.
   (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.
   (c) If any technical modifications are necessary, the commission
should report back to the submitting agency on its reason for
altering a particular standard.
   (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 green building standards applicable to a particular
occupancy, the commission shall adopt, approve, codify, update, and
publish green building standards for those occupancies.
   (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 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   State Energy
Resources Conservation and Development Commission  may develop,
adopt, and submit to the  commission  
California Building Standards 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   State
Energy Resources Conservation and Development Commission 
pursuant to Section 25402.