BILL NUMBER: AB 828 ENROLLED
BILL TEXT
PASSED THE SENATE SEPTEMBER 3, 2009
PASSED THE ASSEMBLY SEPTEMBER 9, 2009
AMENDED IN SENATE SEPTEMBER 1, 2009
AMENDED IN SENATE JULY 23, 2009
AMENDED IN ASSEMBLY MAY 21, 2009
AMENDED IN ASSEMBLY APRIL 21, 2009
AMENDED IN ASSEMBLY APRIL 16, 2009
AMENDED IN ASSEMBLY MARCH 31, 2009
INTRODUCED BY Assembly Member Lieu
(Coauthors: Assembly Members Brownley, Huffman, Monning, Ruskin,
Salas, 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, 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 also authorize the
State Energy Resources Conservation and Development Commission to
develop and adopt voluntary energy efficiency standards, as
described.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. 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 Department of General Services.
(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.
(8) The Office of the State Fire Marshal.
(9) The Department of Housing and Community Development.
(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 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) Green building standards proposed or adopted pursuant to this
section shall be intended to protect the public's health and safety,
minimize the building's impact on the environment through efficient
use of natural resources, promote occupant 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.
SEC. 2. Section 25402.11 is added to the Public Resources Code, to
read:
25402.11. (a) The State Energy Resources Conservation and
Development Commission may develop, adopt, and submit to the
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 State Energy Resources Conservation and
Development Commission pursuant to Section 25402.
(c) In developing the voluntary standards specified in subdivision
(a), the State Energy Resources Conservation and Development
Commission shall seek to do both of the following:
(1) Ensure that the cost to the public is reasonable, based on the
overall benefit to be derived from the building standards.
(2) Leverage available incentive mechanisms.