BILL ANALYSIS
AB 828
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Date of Hearing: May 6, 2009
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Kevin De Leon, Chair
AB 828 (Lieu) - As Amended: April 21, 2009
Policy Committee: Business and
Professions Vote: 7-3
Natural Resources 6-3
Urgency: No State Mandated Local Program:
No Reimbursable:
SUMMARY
This bill requires that input from state agencies and other
parties be considered in the adoption of green building
standards. Specifically, this bill:
1)Requires the Building Standards Commission (BSC) or any other
state agency, in developing and proposing green building
standards, to:
a) Seek the input of other state agencies, including eight
agencies specifically named, and to consider and give
written response to such input.
b) Consult with representatives of environmental advocacy
groups, local governments, the building industry, and
interested public parties.
2)Requires any state agency providing input regarding green
building standards to recommend whether the standard should be
voluntary or mandatory, and requires that voluntary standards
exceed mandatory standards where both exist.
3)Requires the development of green building standards, in
addition to meeting the above requirements, to comply with the
existing statutory process for the development of building
standards.
4)Requires green building standards to be inserted into the
California Building Standards Code, where appropriate.
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5)Authorizes the California Energy Commission (CEC) to develop,
adopt, and submit voluntary energy efficiency standards to the
BSC, to be considered as building standards per the above,
that exceed mandatory standards adopted by the CEC .
FISCAL EFFECT
Minor absorbable costs to the BSC, which indicates that it
currently works with the parties named in this bill, and
absorbable costs to the CEC should it exercise its authority to
submit voluntary energy efficiency standards to the BSC.
COMMENTS
1)Background . The BSC is responsible for administering
California's building codes, including adopting, approving,
publishing, and implementing codes and standards. The
commission publishes the California Building Standards Code
(latest edition, 2007) every three years, and its supplements
in the intervening years. The building regulations take
effect 180 days after their publication, and the Code applies
to all buildings in the state.
The 2007 California Green Building Standards Code, adopted in
July 2008, was developed through the collaborative efforts
between the BSC, 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, and the CEC. The BSC indicates that
it currently works with the California Environmental
Protection Agency, the California Integrated Waste Management
Board, the Air Resources Board, Caltrans, and the Department
of Public Health in developing green building standards.
2)Purpose . According to the author, "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
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Services have experience in green building concepts and their
input is essential in the development of green building
standards."
This bill is cosponsored by the Natural Resources Defense
Council and the Environmental Defense Fund.
Analysis Prepared by : Chuck Nicol / APPR. / (916) 319-2081