BILL ANALYSIS
AB 828
Page 1
Date of Hearing: April 14, 2009
ASSEMBLY COMMITTEE ON BUSINESS AND PROFESSIONS
Mary Hayashi, Chair
AB 828 (Lieu) - As Amended: March 31, 2009
SUBJECT : Green building standards.
SUMMARY : Requires the California Building Standards Commission
(CBSC) or any state agency proposing green building standards
(GBS) to seek the input of specified state agencies and other
organizations, as prescribed. Specifically, this bill :
1)Requires any agency providing input on GBS to CBSC or the
proposing agency to recommend whether the standards should be
voluntary or mandatory.
2)Requires the CBSC or any state agency developing proposed
green building standards, to seek the input of other state
agencies, including, but not limited to, all of the following:
a) The California Environmental Protection Agency;
b) The California Integrated Waste Management Board;
c) The State Air Resources Board;
d) The Department of Water Resources;
e) The Department of Toxic Substances Control;
f) The State Department of Public Health; and,
g) The Department of Transportation.
3)Provides that if a state agency does not have the expertise to
propose GBS applicable to a particular occupancy, that the
CBSC shall adopt, approve, codify, update, and publish GBS for
those occupancies.
4)Requires that if the CBSC or an agency that proposes GBS
receives input from another state agency and the input is
consistent with the agency's mandate, the CBSC or the
receiving agency shall consider the input and provide a
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written response.
5)Requires the CBSC or any state agency proposing GBS to consult
with representatives from the following:
a) Environmental advocacy groups;
b) Interested local government and code enforcement
entities;
c) The building construction and design industry; and,
d) Interested public parties.
6)Allows the State Energy Resources Conservation and Development
Commission (SERCDC) to develop, adopt and submit voluntary
energy efficiency standards that exceed mandatory standards to
the CBSC that shall be considered GBS.
7)Makes legislative findings and declares intent.
EXISTING LAW
1)Establishes that the California Building Standards Law for the
adoption of building standards by state agencies and requires
all state agencies that adopt or propose adoption of any
building standard to submit the building standard to the CBSC
for approval or adoption.
2)Requires the CBSC to adopt, approve, codify, update, and
publish GBS for any occupancy for which no state agency has
the authority or expertise to propose those standards.
3)Requires the SERCDC 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.
FISCAL EFFECT : Unknown
COMMENTS :
Purpose of the bill . According to the author's office, "The
CBSC is currently developing GBS for inclusion in the California
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building codes. Although the CBSC has made laudable effort in
developing an initial set of voluntary GBS, clarity and
authority are required to ensure that the many other expert
state agencies are involved; especially as GBS become mandatory.
Agencies such as the Department of Toxic Substances Control,
California's Environmental Protection Agency and Department of
Health Services have experience in green building concepts and
their input is essential in the development of GBS."
Background . The CBSC was established in 1953 and is responsible
for administering California's building codes, including
adopting, approving, publishing, and implementing codes and
standards. The CBSC publishes the California Building Standards
Code (Code) (latest edition, 2007) every three years, and its
supplements, such as the California Green Building Standards
Code (latest edition, 2008), in intervening years. The building
regulations take effect 180 days after their publication unless
otherwise stipulated. The Code applies to all buildings in the
State of California.
The 2007 California Green Building Standards Code, first adopted
in July 2008, was developed through the collaborative efforts of
the Department of Housing and Community Development, the
Division of the State Architect, the Office of the State Fire
Marshal, the Office of Statewide Health Planning and
Development, the California Energy Commission and the CBSC.
Each of these agencies collaborating with CBSC, adopt mandatory
statewide regulations in their area of expertise. The proposals
these agencies submit to the CBSC usually exceed the mandatory
standards for a specific field, and are voluntary goals that
will be printed in the California Code of Regulations, Title 24.
These voluntary standards are routinely adopted and are only
rejected if there is a conflict with the intent of the Code.
These mandatory regulations and GBS adopted by the CBSC have the
effect of law.
The CBSC states that it presently works with the California
Environmental Protection Agency, the California Integrated Waste
Management Board, the State Air Resources Board, the Department
of Transportation, and the Department of Public Health in the
development of GBS.
The CBSC's current public input process includes several
opportunities to discuss GBS. First, there is a Code Advisory
meeting, during which a proposed GBS is initially discussed.
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This meeting triggers a 45-day public comment period, whereby
individuals can write to the CBSC and request a meeting to
discuss the proposed standards. After the 45-day period
elapses, the public has an additional opportunity to address the
CBSC directly when it takes action on the proposed GBS. In
addition to this process, there is a "pre-formal" period when
proposed GBS involve complex proposals or a large number of
proposals cannot easily be reviewed during the comment period.
Expert witnesses, stakeholders, and other interested parties are
invited to discuss the GBS as they are being developed. The
CBSC must comply with the Administrative Procedures Act, which
provides public input by requiring a 45-day public comment
period on the adoption, amendment, or repeal of a regulation
prior to a hearing. The Code further requires interested
stakeholders who request to be notified of notices relating to
regulatory actions to be mailed information or involved in
public discussions if they are subject to the proposed
regulations.
Support . The sponsors, Natural Resources Defense Council (NRDC)
and the Environmental Defense Fund (EFD) argue that this measure
will allow the public to track the GBS the CBSC adopts and will
increase transparency. According to the NRDC, "Current law does
not address what the (green building) standards should include,
who is to develop them, and how they fit into existing building
code development practices. AB 828 establishes a collaborative
process that welcomes input from expert state agencies to create
strong GBS?Buildings account for 40% of the energy usage in
California and almost 40% of potable water use?In the current
economic climate, it is ever more important to implement
standards that increase the value of the structure, use
resources efficiently, provide quality-of-life benefits, and
reduce operating costs."
According to EFD, "AB 828 helps realize the potential of green
building in California by establishing a process that
incorporates the successful work of environmental and health
agencies?(that) have experience in green building concepts and
their input will lead to the development of the most effective
GBS."
Prior Legislation . SB 1473 (Calderon), Chapter 719, Statutes of
2008, required the CBSC to adopt, approve, codify, update, and
publish GBS for any occupancy for which no state agency has the
authority or expertise to propose those standards.
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AB 527 (Torrico) of 2007, creates the California Energy
Efficient Technology Pooled Investment Fund for procuring and
implementing technology projects for state agencies that have
been approved by the State Public Works Board and that are not
otherwise eligible for funding from other public sources. This
bill was vetoed.
AB 609 (Eng), Chapter 600, Statutes of 2007, allows energy
conservation measures and energy service contracts for existing
state buildings to be approved by the State Public Works Board
if cost savings will be realized over a 15-year period.
AB 888 (Lieu) of 2007, establishes a working group to assist
California Environmental Protection Agency (CalEPA) in
developing minimum GBS, requires CalEPA to work with, and submit
the standards to the Building Standards Commission for adoption,
and new commercial buildings larger than 50,000 square feet to
meet those minimum GBS. This bill was vetoed.
AB 35 (Ruskin) of 2007, enacts the Sustainable Building Act of
2007, which requires the State Public Works Board to adopt
regulations establishing GBS for the construction and renovation
of state buildings. This bill was vetoed.
AB 1058 (Laird) of 2007, requires CalEPA to establish
sustainable building best management practices for residential
home construction. This bill was vetoed.
AB 32 (N??ez), Chapter 488, Statutes of 2006, established the
Global Warming Act of 2006, which is a comprehensive greenhouse
gas emissions reduction program that requires efforts from both
the public and private sectors to achieve the goal of reducing
California's greenhouse gas emissions to 1990 levels by 2020.
SBX2 82 (Murray), Chapter 10, Statutes of 2001, required the
Department of General Services (DGS) to install solar energy
systems on existing state buildings and parking facilities, and
on new state buildings and parking facilities that are
constructed after December 2002.
AB 1881 (Pescetti), Chapter 561, Statutes of 2002, required the
DGS, in consultation with the California Energy Commission to
establish a program for the installation of solar heating
equipment on state buildings and parking facilities.
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Suggested technical amendments . The following amendments are
technical in nature and would clarify the state government
entities with responsibilities for performing tasks prescribed
by this bill.
On page 5, line 28, strike "commission" and insert "State Energy
Resources Conservation and Development Commission".
On page 5, line 29, strike "commission" and insert "State
Building Standards Commission".
On page 5, line 33, strike "commission" and insert "State Energy
Resources Conservation and Development Commission".
On page 5, line 34, after "25402", insert "of the Public
Resources Code".
Double referred . This bill is double-referred to Assembly
Natural Resources Committee.
REGISTERED SUPPORT / OPPOSITION :
Support
Natural Resources Defense Council (sponsor)
Environmental Defense Fund (sponsor)
American Lung Association
Environment California
Planning and Conservation League
StopWaste.org
Opposition
None on file.
Analysis Prepared by : Joanna Gin / B. & P. / (916) 319-3301