BILL NUMBER: AB 2679 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 8, 2010
INTRODUCED BY Assembly Member Eng
FEBRUARY 19, 2010
An act relating to public resources. An
act to add Chapter 2.9 (commencing with Section 15814.50) to Part 10B
of Division 3 of the Government Code, relating to public buildings.
LEGISLATIVE COUNSEL'S DIGEST
AB 2679, as amended, Eng. Energy Public
buildings: energy and water: consumption reductions.
The State Building Construction Act of 1955 authorizes the State
Public Works Board to acquire, and to engage in the construction of,
cogeneration equipment, alternative energy equipment, or conservation
measures, and any combination thereof, and to enter into energy
service contracts at any structure, building, facility, site, or work
used, owned, or acquired by state agencies, subject to specified
criteria. Existing law also requires that all new public buildings be
models of energy efficiency and be designed, constructed, and
equipped with all energy efficiency measures, materials, and devices
that are feasible and cost-effective or the less of the energy
efficiency measure.
This bill would require all public buildings, as defined, to
conform to a 15-year compliance schedule to achieve reductions in
energy and water consumption and to maintain specified water and
energy reduction levels on and after January 1, 2025, and 2030,
respectively. The bill would require, on or before January 1, 2013,
each public entity operating a public building to provide to the
Department of General Services a certified onsite assessment of the
facility's energy and water consumption levels. The bill would
require applicable public entities to adopt and implement processes
outlined in the Green Building Action Plan and to ensure that these
processes are consistent with other efficiency measures outlined in
existing law. The bill would impose a reporting requirement on the
Department of General Services with respect to the attainment of the
energy consumption and water use reduction targets.
Existing law, the Warren-Alquist State Energy Resources
Conservation Development Act, declares, among other things, that
electrical and natural gas utilities should have as a principal goal
of their resource planning and investment to minimize the cost to
society of reliable energy services, improve the environment, and
encourage the diversity of energy sources. The act also declares that
those utilities should seek to exploit all practicable and
cost-effective conservation and improvements in the efficiency of
energy use and distribution that offer equivalent or better system of
reliability.
Existing law authorizes any specified public entity to adopt and
enforce a water conservation program to reduce the quantity of water
used by specified persons for the purpose of conserving the water
supplies of the public entity.
This bill would express the intent of the Legislature to enact
legislation that creates a tiered system for achieving consumption
reductions in energy and water in all public sector agencies for cost
reduction, cost avoidance, and environmental compliance purposes.
Vote: majority. Appropriation: no. Fiscal committee: no
yes . State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. The Legislature finds and declares all
of the following:
(a) Transitioning California public facilities to energy
independence will help stabilize California's General Fund spending
on energy operational costs.
(b) The reduction of operational costs will assist in getting
public sector workers back to work.
(c) The transition to energy independence will create sustainable
private sector jobs in manufacturing, sales, and the skilled trades.
(d) Water conservation will reduce the impact of water use on all
water sources and will help balance the use of water effectively for
agriculture, industrial, and personal daily life.
(e) Green building is one of the best strategies for meeting the
challenge of climate change because the technology to make
substantial reductions in energy and water already exists.
(f) Modest investment in energy saving and other climate friendly
technologies can contribute to carbon emission reductions and yield
buildings and communities that are environmentally responsible,
profitable, and healthier places to live and work.
(g) Clean energy, green infrastructure, and environmental
protections are all important cornerstones to consider in job
creation initiatives.
(h) The state can stimulate the market by investing in clean
energy that will encourage stable, long-term economic growth and job
creation while reducing carbon emissions, protecting natural
resources, and promoting development in needed areas.
(i) The Public Utilities Commission has conveyed a vision that
commercial buildings will be put on a path to zero net energy by 2030
for all new buildings and many existing ones. Innovative
technologies and practices will dramatically grow in use through a
combination of technological development, financing and incentives,
and market demands.
SEC. 2. Chapter 2.9 (commencing with Section
15814.50) is added to Part 10B of Division 3 of the
Government Code , to read:
CHAPTER 2.9. ENERGY AND WATER USE REDUCTIONS IN PUBLIC
BUILDINGS
15814.50. For purposes of this chapter, the following terms shall
have the following meanings:
(a) "Established baseline measurements" means the baseline
measurements of electricity and water consumption levels from January
1, 2006, to December 31, 2008, inclusive, established by public
agencies operating public buildings pursuant to subdivision (b) of
Section 15914.51.
(b) "Public buildings" means state, county, city, and city and
county public buildings funded with money from the General Fund.
(c) "Public entity" means a state, county, city, or city and
county public entity that operates a public building.
(d) "Retro-commissioning" or "existing building commissioning"
means the systematic, documented process that identifies low-cost
operational and maintenance improvements in existing buildings and
conforms the buildings to the design intentions of its current usage.
15814.51. (a) All public buildings shall conform to the following
compliance schedule to achieve reductions in energy and water
consumption:
(1) On or before January 1, 2015, reduce energy consumption from
the established baseline measurements by 15 percent and water
consumption by 10 percent.
(2) On or before January 1, 2020, reduce energy consumption from
the established baseline measurements by 30 percent and water
consumption by 20 percent.
(3) On or before January 1, 2025, reduce energy consumption from
the established baseline measurements by 60 percent and water
consumption by 30 percent.
(4) On or before January 1, 2030, all existing and new public
building facilities shall have net zero energy consumption or be grid
neutral.
(b) (1) On and after January 1, 2025, all public buildings shall
maintain the water use reduction level specified in paragraph (3) of
subdivision (a).
(2) On and after January 1, 2030, all public buildings shall
maintain the energy consumption reduction level specified in
paragraph (4) of subdivision (a).
(c) In order to meet the compliance schedule specified in
subdivision (a), each public entity operating a public building shall
establish a baseline measurement of electricity and water
consumption levels from January 1, 2006, to December 31, 2008,
inclusive.
15814.52. (a) On or before January 1, 2013, each public entity
operating a public building shall provide the Department of General
Services with a certified onsite assessment of the facility's energy
and water consumption levels.
(b) (1) The assessment required pursuant to subdivision (a) shall
include, but not be limited to, a customized written report. The
report shall include a list of recommended retrofits to improve
energy efficiency and reduce water consumption and shall also
indicate the grant amounts, both federal and state, made available
for each eligible upgrade to the facility to carry out these energy
and water saving improvements, if applicable.
(2) The assessment shall be conducted by a private or public
entity using methodology and building commissioning guidelines
approved by the State Energy Resources Conservation and Development
Commission and the Department of Water Resources.
15814.53. In complying with the requirements of this chapter, all
applicable public entities shall do both of the following:
(a) Adopt and implement processes outlined in the Green Building
Action Plan, as that plan accompanies the Governor's Executive Order
S-20-04, and to include additional processes for the achievement of
reduced water reduction and energy consumption.
(b) Adopt processes that are consistent with energy efficiency
measures outlined in statutes, regulations, and agency guidelines.
15814.54. Each public entity operating a public building shall
employ retro-commissioning, existing building commissioning, or
continual followup and analysis of completed improvements according
to the five-year schedule established in Section 15814.51 or whenever
major energy or water consuming systems or controls are replaced.
15814.55. Financing for the projects undertaken pursuant to this
chapter shall maximize the use of outside financing, including, but
not limited to, existing loan, lease, energy efficiency, and
retirement investment programs.
15814.56. (a) Notwithstanding Section 10231.5, the Department of
General Services shall annually report to the Legislature and the
Governor on the progress toward attaining the energy consumption and
water use reduction targets in public buildings pursuant to this
chapter and recommend any changes to ensure that these goals are met.
(b) A report submitted pursuant to subdivision (a) shall be
submitted in compliance with Section 9795.
SECTION 1. It is the intent of the Legislature
to enact legislation that creates a tiered system for achieving
consumption reductions in energy and water in all public sector
agencies for cost reduction, cost avoidance, and environmental
compliance purposes.