BILL ANALYSIS �
AB 1627
Page 1
Date of Hearing: April 17, 2012
ASSEMBLY COMMITTEE ON BUSINESS, PROFESSIONS AND CONSUMER
PROTECTION
Mary Hayashi, Chair
AB 1627 (Dickinson) - As Amended: April 10, 2012
SUBJECT : Energy: vehicle miles traveled.
SUMMARY : Requires the Office of Planning and Research (OPR),
by January 1, 2014, to prepare a manual for local governments,
local agencies, and project developers to use to reduce vehicle
miles traveled (VMT) in new residential and commercial building
projects. Specifically, this bill :
1)Requires OPR, by January 1, 2014, to prepare a manual for
local governments, local agencies, and project developers to
use to reduce VMT in new residential and commercial building
projects.
2)Requires OPR, when preparing the manual to identify and
evaluate, at a minimum, the following:
a) Existing measures and strategies for reducing VMT by
occupants or users of new residential and commercial
building projects;
b) Existing means by which projected and actual VMT
reductions from specific measures and the efficacy of
measures may be determined;
c) Further research needed to improve the measurement and
evaluation of VMT reductions; and,
d) Costs associated with implementing VMT reduction
measures and strategies.
3)Requires OPR to make recommendations to the Legislature and
local policymakers, as appropriate, of measures to improve the
reduction of VMT traveled related to residential and
commercial building projects.
4)Makes legislative findings and declarations related to the
reduction of VMT traveled and greenhouse gas (GhG) emissions.
AB 1627
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EXISTING LAW :
1)Establishes the Air Resources Board (ARB) within the
California Environmental Protection Agency (Cal/EPA) to
oversee all air pollution control efforts to attain and
maintain health-based air quality standards in California, in
partnership with local air districts.
2)Requires the California Building Standards Commission (BSC) to
review the standards of adopting agencies in order to approve,
return for amendment with recommended changes, or reject
building standards or administrative regulations that apply
directly to the implementation or enforcement of building
standards submitted to BSC for approval. When building
standards are returned for amendment or rejected within 120
days, BSC shall inform the adopting agency of the specific
reasons for the recommended changes or rejection, as
specified.
3)Authorizes any person adversely affected by any regulation,
rule, omission, interpretation, decision, or practice of any
state agency respecting in the administration of any building
standard to appeal the issue for resolution to the BSC.
FISCAL EFFECT : Unknown
COMMENTS :
Purpose of this bill . According to the author's office,
"Reliance upon the automobile for access is substantially the
result of more than a half century of decentralized urban
development, which in many instances, has left households with
limited alternatives to the single occupant vehicle to satisfy
their everyday mobility needs. While significant strides are
now being made to reduce VMT through more coordinated regional
planning efforts such as general plan updating and regional
transportation plans, as called for in recently enacted
legislation, a great deal more can be done to augment these
efforts at the project level. Reducing VMT is critical to
safeguarding California's environment, economic prosperity, and
the health and safety of its citizens. However, converting
local and regional plans to reduce VMT into enforceable action
remains a challenge."
Background . This bill requires OPR, by January 1, 2014, to
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prepare and make available a manual designed to be used by local
governments, local agencies, and project developers to reduce
VMT in new residential and commercial building projects.
Existing law already requires ARB to work with state and local
entities to develop GhG reduction targets in transportation
plans. In 2006, the Legislature enacted the Global Warming Act
of 2006 �AB 32 (Nu�ez), Chapter 488, Statutes of 2006], which
required ARB to establish a statewide GhG emissions limit and
reduce GhG emissions to 1990 levels. In addition, SB 375
(Steinberg), Chapter 728, Statutes of 2008, required ARB, by
September 30, 2010, to provide each region that has a
metropolitan planning organization (MPO) with GhG emission
reduction targets for the automobile and light truck sector for
2020 and 2035, respectively. SB 375 further required ARB, after
exchanging technical information with the California Department
of Transportation (Caltrans), MPOs, local governments, and
affected air districts, and engaging in a consultative process
with stakeholders, to update the regional GhG reduction targets
every eight years consistent with each MPO's timeframe for
updating its regional transportation plan under federal law,
until 2050.
It appears this bill duplicates ARB's authority within the OPR.
ARB is a department within Cal/EPA charged with overseeing all
air pollution control efforts to attain and maintain
health-based air quality standards in California in partnership
with local air districts. ARB has already set GhG targets in
accordance with SB 375.
This bill expressly requires OPR to prepare a manual designed to
be used by local governments, local agencies, and project
developers, and to make recommendations to the Legislature and
local policymakers, to reduce VMT related to residential and
commercial building projects, which may impede the Department of
Housing and Community Development (HCD) and BSC's regulatory
authority.
BSC is responsible for the administration of State Building
Standards Code (Code), also known as the California Code of
Regulations (CCR), Title 24, which includes the adoption,
approval, publication, and implementation of codes and
standards. Current law allows state agencies to make regulatory
changes to the Code.
The previous version of this bill, as introduced on February 9,
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2012, would have authorized the California Energy Commission
(CEC) to create building standards to reduce the number of VMT
by publishing them in their energy manual instead of adopting
them and submitting them for approval to the BSC. According to
a 1992 Attorney General (AG) opinion, "The �CEC] energy manual
may be viewed as setting forth interpretations, decisions, and
practices of the �CEC] which concern the administration of
building standards. To the extent that these interpretations,
decisions, and practices are themselves building standards which
have not been approved by the BSC, they have 'no force and
effect' (Public Resources Code Section 25216.4) and may be so
found by the BSC upon successful challenge by a person who is
adversely affected."
BSC took an oppose position to the February 9, 2012 version of
this bill. In a letter dated April 9, 2012, BSC wrote that AB
1627 "could possibly compromise the existing authority of the
ARB, CalTrans, and other state agencies required to advance the
goals of AB 32; could result in an unreasonable increase in the
costs of building and infrastructure; and, contains some
confusion of terms by having CEC develop standards for VMT
traveled, not guidelines, for publication only in a guidance
document." In light of the April 10, 2012, amendments to this
bill, BSC is currently reevaluating its position.
The current version of this bill still requires OPR to develop a
manual to identify and evaluate VMT reduction strategies and
make recommendations to the Legislature, although it does not
expressly direct CEC to create building standards to reduce VMT.
Support . According to the sponsor, Planning and Conservation
League, "The tools currently available to measure VMT are
significantly more accurate than those available for energy when
state regulation of energy began in 1979. We would expect that
the standards and measurements of VMT will grow in
sophistication over time similar to energy standards. VMT is,
of course, influenced by many lifestyle factors as well, such as
travel distance to a job, where children go to school, etc. The
point of this bill, like most regulatory metrics, is to work
with probabilities and averages. It does not regulate how much
people do drive, but how much they will need to drive on
average.
"VMT is an important measure of the livability of our
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neighborhoods in itself. More importantly, it is a viable
metric for many other parameters of livability and equity,
economic, and environmental quality, such as: reducing GhG
emission; improving air quality for local communities; improving
the health of California's beaches, bays and inland waterways
(which are impacted by runoff from large urban footprints and
larger pavement areas); promoting pedestrian and bicycle safety;
reducing car accidents and resulting injuries and deaths;
fostering improved community health by promoting active
transportation; reducing the cost of transportation, which can
be volatile for households and businesses; promoting greater
social equity by providing all communities with access to jobs
and essential services without the need for expensive
transportation options like automobiles; and, reducing local
government capital and operational costs for infrastructure,
maintenance, and service delivery."
Opposition . According to the California Building Industry
Association, "The 'manual' required in AB 1627 would, by its
very nature, have to address and reference micro-level building
codes and standards. We know this because this bill tells us
so. In the findings and declarations, references are made to SB
375. That landmark bill directs localities at the regional
level to develop land use strategies in conjunction with a
regional transportation plan to reduce GhG emissions from
vehicular travel. AB 1627 goes significantly beyond the
dictates of SB 375 by declaring that "it is in the interest of
the state to augment these efforts and achieve further VMT
reductions by the adoption of measures applied to individual
residential and commercial buildings and projects."
"Directing OPR to prepare and make available a building standard
manual applicable to residential and commercial buildings is a
clear circumvention of the traditional code adoption process in
effect in California for the past 34 years. HCD develops
building standards - including green building standards -
applicable to residential construction and the state BSC
develops them for commercial buildings.
"AG Opinion 91-1203 (1992) makes it clear that any and all
building standards appearing in 'manuals' must first be
developed in the appropriate manner and adopted by the BSC.
This includes both mandatory and voluntary standards as state
statute recognizes no distinction between the two.
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"The objective of SB 375 is to enact a regional planning process
aimed at achieving GhG emissions expressed as 'targets'
established by ARB. AB 1627 on the other hand has nothing to do
with environmental protection or emissions reductions. It is
aimed at micro-managing individual driving behavior through
building codes and specific measures applied at the project
level. Tellingly, AB 1627 even acknowledges that the capacity
of those measures to produce the desired effect is in doubt and
that further research is needed."
Previous Legislation . SB 375 (Steinberg), Chapter 728, Statutes
of 2008, required ARB, by September 30, 2010, to provide each
region that has a MPO with GhG emission reduction targets for
the automobile and light truck sector for 2020 and 2035,
respectively. This bill required ARB, after exchanging
technical information with Caltrans, MPOs, local governments,
and affected air districts, and engaging in a consultative
process with stakeholders, to update the regional GhG reduction
targets every eight years consistent with each MPO's timeframe
for updating its regional transportation plan under federal law,
until 2050.
AB 32 (Nu�ez), Chapter 488, Statutes of 2006, established the
Global Warming Act of 2006, which required ARB to establish a
statewide GhG emissions limit and to reduce GhG emissions to
1990 levels.
Double-referred . This bill is double-referred to Assembly
Natural Resources Committee.
REGISTERED SUPPORT / OPPOSITION :
Support
The Planning and Conservation League (sponsor)
Opposition
Associated Builders and Contractors of California (ABC)
Associated General Contractors (AGC)
Alliance of Automobile Manufacturers
American Council of Engineering Companies (ACEC)
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Building Owners and Managers Association of California (BOMA)
California Apartment Association (CAA)
California Association of Bed and Breakfast Inns (CABBI)
California Building Industry Association (CBIA)
California Building Officials
California Business Properties Association (CBPA)
California Chamber of Commerce (CalChamber)
California Chapter of American Fence Association
California Farm Bureau Federation (CFBF)
California Fence Contractors' Association (CFCA)
California Grocers Association
California Hotel & Lodging Association (CH&LA)
California Independent Oil Marketers Association (CIOMA)
California Manufacturers and Technology Association (CM&TA)
California New Car Dealers Association (CNCDA)
California Professional Association of Specialty Contractors
(CALPASC)
California Poultry Association
California Retailers Association (CRA)
Civil Justice Association of California (CJAC)
Engineering Contractors' Association
Flasher Barricade Association
Golden State Builders Exchanges (GSBE)
International Council of Shopping Centers (ICSC)
League of California Cities
Lumber Association of California and Nevada (LACN)
Marin Builders Association
NAIOP of California, the Commercial Real Estate Development
Association
National Federation of Independent Business (NFIB)
Neighbor Market Association
Orange County Business Council (OCBC)
San Diego County Apartment Association
United Contractors
Analysis Prepared by : Joanna Gin / B.,P. & C.P. / (916)
319-3301