BILL ANALYSIS �
AB 296
SENATE COMMITTEE ON ENVIRONMENTAL QUALITY
Senator S. Joseph Simitian, Chairman
2011-2012 Regular Session
BILL NO: AB 296
AUTHOR: Skinner
AMENDED: August 22, 2012
FISCAL: Yes HEARING DATE: August 27,
2012
URGENCY: No CONSULTANT: Randy Pestor
SUBJECT : URBAN HEAT ISLAND EFFECT
SUMMARY :
Existing law :
1) Sets requirements for use of certain paving materials by
the Department of Transportation (Caltrans). (Public
Resources Code �42700 et seq.).
2) Under the California Building Standards Law, sets
requirements for approval and adoption of building
standards by the California Building Standards Commission
(CBSC).
3) Under the California Global Warming Solutions Act of 2006
(CGWSA), requires the California Air Resources Board (ARB)
to determine the 1990 statewide greenhouse gas (GHG)
emissions level and approve a statewide GHG emissions limit
that is equivalent to that level, to be achieved by 2020.
ARB must adopt regulations for reporting and verification
of GHG emissions, monitoring and compliance with the
program, and achieving GHG emission reductions from sources
or categories of sources by January 1, 2011, to be
operative on January 1, 2012, subject to certain
requirements. (Health and Safety Code �38500 et seq.).
This bill as approved by the Senate Appropriations Committee
(August 21, 2012, version of the bill) :
1) Requires Caltrans to develop standard specifications for
cool pavements and materials by January 1, 2014.
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2) Requires the CBSC, in the next triennial adoption process
of the California Green Building Standards Code after
January 1, 2015, to consider incorporating those
specifications in the "Heat Island Effect: Hardscape
Alternatives in the California Green Building Standards
Code."
August 23, 2012, Senate Floor Amendments :
1) Strike a requirement for Caltrans to develop cool pavement
standards by January 1, 2015.
2) Create the Urban Heat Island Effect Law, which:
a) Adds legislative intent relating to development of
heat reduction strategies and a definition for an urban
heat island effect that must include the extent and
severity of an urban heat island effect index (UHIEI) by
the California Environmental Protection Agency
(Cal-EPA).
b) Requires Caltrans, upon completion of a definition of
a UHIEI by Cal-EPA, to develop a standard specification
for sustainable or cool pavements that can be used to
reduce the UHIEI.
3) Require the CBSC in the next triennial adoption process of
the California Green Building Standards Code after
development of a standard specification by Caltrans, rather
than by January 1, 2015, to consider incorporating that
specification in the Cool Pavements Handbook.
COMMENTS :
1) Purpose of Bill . According to the author, "The urban heat
island effect (UHIE) is a phenomenon characterized by
artificially elevated temperatures in cities relative to
the surroundings. Impervious pavements, which represent
the largest percentage of a community's land cover, store
heat from the sun and can exceed 200 �degrees] F."
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The author notes that "Several years ago, California adopted a
requirement for 'cool roofs' that minimize energy
consumption and make buildings more efficient. Despite
research spanning decades that demonstrate the potential
for cool pavements to reduce the UHIE, there is no
statewide standard or requirement for cool pavements. AB
296 requires Caltrans to develop a standard specification
for cool pavements to mitigate UHIE."
2) Background . According to a U.S. Environmental Protection
Agency (U.S. EPA) report, "Urban areas are usually warmer
than their rural surroundings, a phenomenon known as the
"heat island effect." As cities develop, more vegetation is
lost and more surfaces are paved or covered with buildings.
The change in ground cover results in less shade and
moisture to keep urban areas cool. Built-up areas also
evaporate less water, which contributes to elevated surface
and air temperatures. Properties of urban materials, in
particular solar reflectance, thermal emissivity, and heat
capacity, also influence the development of urban heat
islands, as they determine how the sun's energy is
reflected, emitted, and absorbed."
( http://www.epa.gov/heatislands/resources/compendium.htm )
The U.S. EPA report notes that on a hot summer day, the sun
can heat dry, exposed urban surfaces, such as roofs and
pavements, to temperatures 50 - 90 degrees hotter than air,
while shaded or moist surfaces (often in more rural
surroundings) remain close to air temperatures. The report
notes that heat island impacts include increased energy
consumption, elevated emissions of air pollutants and
greenhouse gases, compromised human health and comfort, and
impaired water quality. Reducing the heat island effect
includes four measures: increasing tree and vegetative
cover, creating green roofs, installing cool (mainly
reflective) roofs, and using cool pavements.
According to ARB, "Several 'cool communities' strategies
including cool roofs, cool pavements, cool walls and urban
vegetation have been identified as effective voluntary
measures with statewide potential emission reductions of 4
million metric tons of carbon dioxide equivalent per year."
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( http://www.arb.ca.gov/research/seminars/gilbert/gilbert.pdf
).
ARB's June 2012 "Annual Research Plan Fiscal Year 2012" report
calls for proposed research "to measure emissions of air
pollutants and . . . life cycle assessments for different
types of pavement materials commonly used in California,
including asphalt and concrete, as well as new cool
pavement technologies that are being considered."
In response to urban heat island and cool pavement issues, AB
296 creates the Urban Heat Island Effect Law, to provide
for development of heat reduction strategies and an urban
heat island effect index (UHIEI) by the California
Environmental Protection Agency (Cal-EPA), and requires
Caltrans to subsequently develop a standard specification
for sustainable or cool pavements that can be used to
reduce the UHIEI. AB 296 also requires the CBSC, in the
next triennial adoption process of the California Green
Building Standards Code following development of a standard
specification by Caltrans, to consider incorporating that
specification in the "Heat Island Effect: Hardscape
Alternatives in the California Green Building Standards
Code."
SOURCE : Assemblymember Skinner
SUPPORT : Breathe California, California Building
Officials, California Coastkeeper Alliance,
California Municipal Utilities Association,
California Nevada Cement Association,
CalPortland Company, California ReLeaf, East
Bay Municipal Utility District, Emerald Cities
Cool Pavement, Natural Resources Defense
Council, Sacramento Municipal Utility Company,
Sacramento Tree Foundation, Sierra Club
California, Soil Stabilization Products Company
Inc., Union of Concerned Scientists, United
States Green Building Council California
Advocacy Committee, 6 individuals
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OPPOSITION : California Asphalt Pavement Association