BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 828
                                                                  Page 1

          Date of Hearing:  April 27, 2009

                       ASSEMBLY COMMITTEE ON NATURAL RESOURCES
                                Nancy Skinner, Chair
                     AB 828 (Lieu) - As Amended:  April 21, 2009
           
          SUBJECT  :  Green building standards

           SUMMARY  :  Establishes a definition of green building standard  
          for purposes of the California Building Code (Title 24).

           EXISTING LAW  : 

          1)Authorizes the Building Standards Commission (BSC) to adopt  
            green building standards where no other state agency has the  
            authority or expertise to do so.  

          2)Requires BSC to consult with specified entities when  
            developing green building standards, including the California  
            Environmental Protection Agency (CalEPA), the California  
            Integrated Waste Management Board (CIWMB), the State Air  
            Resources Board (ARB), the Department of Toxic Substances  
            Control, the Department of Public Health (DPH), and the  
            Department of Transportation (Caltrans).  

          3)Authorizes a city or county to make changes or modifications  
            to the requirements contained in the provisions published by  
            BSC for approval and adoption.

           THIS BILL  : 

          1)Specifies that green building standards adopted by BSC protect  
            public health and safety, minimize the building's impact on  
            the environment through efficient use of natural resources,  
            improve occupant health, and reduce strain on local  
            infrastructure while using best available technology and  
            business practices.  The standards include site planning,  
            water efficiency, energy efficiency, materials and resource  
            efficiency, reduction of toxic chemicals, indoor air quality,  
            and environmental quality.  

          2)Adds the Department of General Services and the State Fire  
            Marshall to the list of state entities consulted by BSC when  
            developing standards.









                                                                  AB 828
                                                                  Page 2

          3) Authorizes the California Energy Commission (CEC) to develop,  
            adopt and submit voluntary energy efficiency standards that  
            exceed green building standards adopted by BSC.  
           
          FISCAL EFFECT  :  Unknown

           COMMENTS  :

           1)Background  

          The BSC is responsible for adopting Title 24 (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 and  
          applies to all buildings in the state.  The California Green  
          Building Standards Code, adopted in July 2008, was developed by  
          BSC in collaboration with the Department of Housing and  
          Community Development, the Division of the State Architect, the  
          State Fire Marshal, the Office of Statewide Health Planning and  
          Development, and CEC.  BSC indicates that it currently works  
          with CalEPA, CIWMB, ARB, Caltrans, and DPH in the development of  
          green building standards.

           2)This bill  

          According to the author's office, "BSC is currently developing  
          green building standards for inclusion in the California  
          building codes.  Although the BSC has made laudable effort in  
          developing an initial set of voluntary green building standards,  
          clarity and authority are required to ensure that the many other  
          expert state agencies are involved; especially as the standards  
          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 green building standards." 

           3)Double referral 
           
          This bill was heard in the Assembly Committee on Business and  
          Professions on April 14th, where it passed with a vote of 7-3.  

           REGISTERED SUPPORT / OPPOSITION  :









                                                                  AB 828
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           Support 
           
          American Lung Association
          Environment California
          Environmental Defense Fund 
          Natural Resources Defense Council
          Planning and Conservation League
          Sierra Club California
          StopWaste.org

           Opposition 
           
          None on file
           

          Analysis Prepared by  :  Elizabeth MacMillan / NAT. RES. / (916)  
          319-2092