BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                      



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          |SENATE RULES COMMITTEE            |                   AB 767|
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                                 THIRD READING


          Bill No:  AB 767
          Author:   John A. Pérez (D), et al.
          Amended:  8/30/11 in Senate
          Vote:     21

           
           SENATE GOVERNMENTAL ORGANIZATION COMM  :  8-5, 06/28/11
          AYES:  Wright, Calderon, Corbett, De León, Evans, 
            Hernandez, Padilla, Yee
          NOES:  Anderson, Berryhill, Cannella, Strickland, Wyland

           SENATE APPROPRIATIONS COMMITTEE  :  6-3, 08/25/11
          AYES:  Kehoe, Alquist, Lieu, Pavley, Price, Steinberg
          NOES:  Walters, Emmerson, Runner

           ASSEMBLY FLOOR  :  56-18, 06/01/11 - See last page for vote


           SUBJECT  :    State Capitol Sustainability Task Force

           SOURCE  :     Author


           DIGEST  :    This bill creates the State Capitol 
          Sustainability Task Force consisting of 7-members (2 each 
          appointed by the Speaker of the Assembly, the Senate 
          Committee on Rules, and the Governor and one appointed by 
          the Lieutenant Governor) to develop and implement a 
          sustainability initiative for the State Capitol Building, 
          the Legislative Office Building and the State Capitol Park 
          grounds.  This bill sunsets the task force on January 1, 
          2014.  This bill directs the Department of General Services 
          (DGS) to seek grants and other funding opportunities. 
                                                           CONTINUED





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           ANALYSIS  :    Existing law authorizes DGS to repair and 
          alter buildings within the Capitol area.  Existing law also 
          establishes the Historic State Capitol Commission and 
          requires the Commission to prepare and amend a 
          comprehensive master plan for the restoration, 
          preservation, and maintenance of the historic State 
          Capitol.

          This bill creates the "State Capitol Sustainability Task 
          Force" consisting of 7-members (2 each appointed by the 
          Speaker of the Assembly, the Senate Committee on Rules, and 
          the Governor and one appointed by the Lieutenant Governor) 
          to develop and implement a sustainability initiative for 
          the State Capitol Building, the Legislative Office Building 
          and the State Capitol Park grounds.  Specifically, this 
          bill requires the task force to coordinate activities with 
          state agencies and the private sector and to do the 
          following: 

            1.  Join the California Climate Action Registry to 
              determine, track and reduce greenhouse gas emissions.

            2.  Perform benchmarking and monitoring of building 
              operations (e.g., energy and water use).

            3.  Increase overall fuel economy and fuel diversity of 
              the vehicle fleet.

            4.  Improve waste diversion practices (including e-waste 
              recycling, composting and reuse of materials), promote 
              environmentally preferable purchasing and integrate 
              sustainable practices.

            5.  Incorporate renewable energy and seek leadership in 
              Energy and Environmental Design or Energy Star rating.

            6.  Partner with utility companies, water districts, 
              labor organizations, environmental groups, government 
              entities and the private sector to develop green 
              demonstration projects at the State Capitol.

            7.  Finalize the Capitol Park Master Plan, including 
              improving bicycle access and establishing bicycle 







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              paths.

            8.  Seek grant funding and other opportunities to 
              recognize the efforts of the initiative.

            9.  Sunsets the task force on January 1, 2014.

            10. Directs DGS to seek grants and other funding 
              opportunities. 

           Background
           
          According to the Capitol Museum, "the West's first great 
          architectural monument was the California State Capitol in 
          Sacramento."  The California State Capitol Building was 
          completed in 1874 after 14 years of construction.  By 
          mid-century the Legislature had outgrown the original 
          building; the East Annex was completed in 1952 to house the 
          Governor and the Lieutenant Governor and to provide 
          additional office space and committee rooms for the 
          Legislature.   In 1972 a seismic study found that the 
          Capitol would not survive an earthquake, this finding and 
          the need to modernize the building resulted in the largest 
          restoration project ever undertaken in North America at 
          that time.  In order to protect the historic nature of the 
          building, the Legislature established the Historic State 
          Capitol Commission in 1976 to advise the Legislature on any 
          changes made to the building.  In January 1982, the six 
          year restoration project was completed.
           
          In 2001, the State and Consumer Services Agency, DGS, and 
          SMUD held the Greening of the State Capitol Project in 
          Sacramento.  The Project identified numerous ways to 
          "green" the Capitol, including increasing energy 
          efficiency, instituting environmentally preferable 
          purchasing requirements, building commissioning, use of 
          electric vehicles, establishing on-site power generation, 
          installing water efficiency measures, and improving 
          recycling.  The Project also completed a landscape 
          assessment, which identified irrigation problems and 
          methods to compost green waste and use the composted 
          material in Capitol Park.  While some of these activities 
          have been undertaken, it is believed that many more 
          improvements could still be made to ameliorate the overall 







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          environmental impact of the Capitol.  

          As stated in the findings and declarations contained in 
          this bill, "the State Capitol Building and grounds 
          represent a unique opportunity to demonstrate environmental 
          leadership, by showcasing sustainable practices and 
          providing environmental educational opportunities to nearly 
          800,000 annual visitors."  According to the author's 
          office, this measure increases the opportunities for 
          implementing more sustainable practices by involving all 
          the tenants in the building.  The author's office contends 
          that potential funding to implement this bill may be 
          available through the American Recovery and Reinvestment 
          Act of 2009.

           Prior Legislation
           
          AB 2670 (John A. Perez), 2009-10 Session, was similar to 
          this bill.  AB 2670 was vetoed.  The Governor's veto 
          message stated:

               While I am supportive of efforts to make the Capitol 
               more environmentally sustainable, this legislation 
               fails to identify a funding source that will pay for 
               the tasks outlined in the bill.  Considering the 
               state's fiscal condition, it would be imprudent to 
               enact legislation that would result in unknown General 
               Fund costs.  In addition, this bill is vague regarding 
               the specific powers this task force will hold.

          AB 1327 (Bass), 2009-10 Session, was nearly identical to AB 
          2670 (John A. Perez).  This bill died on the Assembly 
          Suspense file.

           FISCAL EFFECT  :    Appropriation:  No   Fiscal Com.:  Yes   
          Local:  No

          According to the Senate Appropriations Committee:

                          Fiscal Impact (in thousands)

           Major Provisions                2011-12     2012-13    
           2013-14   Fund
           Task Force                                        Minor, 







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          likely absorbable costs ongoing                   General*

          Sustainability Initiative                              
          Unknown, major cost pressure                           
          General*

          * Legislative expenditures subject to the provisions of 
          Proposition 140

           SUPPORT  :   (Verified  8/30/11)

          Environmental Defense Fund

           ARGUMENTS IN SUPPORT  :    According to the author, "AB 767 
          establishes the Task Force which would coordinate 
          activities with state agencies to implement an Initiative 
          for the Capitol, Capitol Park, and the L.O.B." 

          The current State Capitol Building was completed in 1874 
          and remodeled from 1906 to 1908 and in 1928. In 1952, the 
          East Annex was completed to accommodate the growth of the 
          executive and legislative branches, and from 1972 to 1982, 
          the Capitol underwent a seismic retrofit and restoration in 
          order to withstand an earthquake. In 1976, the Legislature 
          established the Commission in order to protect the historic 
          building. 

          In 2001, the State and Consumer Services Agency, DGS, and 
          the Sacramento Municipal Utilities District held the 
          Greening of the State Capitol Project in Sacramento.  The 
          Project identified numerous ways to "green" the Capitol, 
          including increasing energy efficiency, instituting 
          environmentally preferable purchasing requirements, 
          building commissioning, use of electric vehicles, 
          establishing on-site power generation, installing water 
          efficiency measures, and improving recycling.  The Project 
          also completed a landscape assessment and identified 
          irrigation problems and compost methods for the Capitol 
          Park. The author contends that while some of these 
          activities have been undertaken, many improvements could 
          still be made to improve the Capitol's overall 
          environmental impact. 









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           ASSEMBLY FLOOR  :  56-18, 06/01/11
          AYES:  Achadjian, Alejo, Allen, Ammiano, Atkins, Beall, 
            Bill Berryhill, Block, Blumenfield, Bonilla, Bradford, 
            Brownley, Buchanan, Butler, Charles Calderon, Campos, 
            Carter, Cedillo, Chesbro, Cook, Davis, Dickinson, Eng, 
            Feuer, Fletcher, Fong, Fuentes, Furutani, Galgiani, 
            Gatto, Gordon, Hall, Hayashi, Roger Hernández, Hill, 
            Huber, Hueso, Huffman, Lara, Bonnie Lowenthal, Ma, 
            Mendoza, Mitchell, Monning, Nestande, Pan, Perea, 
            Portantino, Skinner, Solorio, Swanson, Torres, 
            Wieckowski, Williams, Yamada, John A. Pérez
          NOES:  Conway, Donnelly, Beth Gaines, Grove, Halderman, 
            Harkey, Jones, Knight, Logue, Mansoor, Miller, Morrell, 
            Nielsen, Norby, Olsen, Silva, Valadao, Wagner
          NO VOTE RECORDED:  Garrick, Gorell, Hagman, Jeffries, V. 
            Manuel Pérez, Smyth


          PQ:nl  8/30/11   Senate Floor Analyses 

                         SUPPORT/OPPOSITION:  SEE ABOVE

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