BILL ANALYSIS                                                                                                                                                                                                    �



                                                                  AB 1959
                                                                  Page  1

          Date of Hearing:   April 24, 2012

              ASSEMBLY COMMITTEE ON BUSINESS, PROFESSIONS AND CONSUMER 
                                     PROTECTION
                                 Mary Hayashi, Chair
                   AB 1959 (Williams) - As Amended:  April 16, 2012
           
          SUBJECT  :   Building standards: green building standards: toxic 
          air contaminants. 

           SUMMARY  :   Requires the Department of Housing and Community 
          Development (HCD) to consider proposing standards to the 
          Building Standards Commission (BSC) for indoor air pollutants in 
          residential buildings, as part of the next triennial edition of 
          the California Green Building Standards Code (CALGreen Code) 
          adopted after January 1, 2014.  Specifically,  this bill  :  
          
          1)Requires the HCD to consider proposing standards to the BSC 
            for indoor air pollutants in residential buildings, as part of 
            the next triennial edition of the CALGreen Code adopted after 
            January 1, 2014.
          
          2)Requires the BSC to consider proposing standards for indoor 
            air pollutants in non-residential buildings in the next 
            triennial edition of the CALGreen Code adopted after January 
            1, 2014. 

          3)Allows the BSC and the HCD, when preparing the proposing 
            regulations, to consider: 

               i)     The categories of indoor air pollutants that 
                 include, but are not limited to: volatile organic 
                 compounds, semi-volatile organic compounds, metals, and 
                 endocrine disruptors; and, 

               ii)    Existing research completed by state agencies on the 
                 topic of indoor air quality, such as the State Air 
                 Resource Board's (ARB's) 2005 Report to the Legislature, 
                 "Indoor Air Pollution in California" and work prepared by 
                 the California Environmental Contaminant Biomonitoring 
                 Program. 

          4)Requires that regulations adopted pursuant to this bill be: 

             a)   Be feasible by being capable of being accomplished in a 








                                                                  AB 1959
                                                                  Page  2

               successful manner within a reasonable period of time, 
               taking into account economic, environmental, social, and 
               technological factors; and, 

             b)   In compliance with the criteria and procedures for 
               proposing building standards in accordance with existing 
               law. 

           EXISTING LAW  : 

          1)Establishes the ARB within the California Environmental 
            Protection Agency 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 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.

           FISCAL EFFECT  :   Unknown 

           COMMENTS  :   

           Purpose of this bill  .  According to the author's office, "In a 
          2005 report to the Legislature, ARB noted that indoor air 
          pollution causes significant health effects.  Indoor sources can 
          emit gases and particles known to trigger asthma attacks and 
          cause cancer, serious heart and lung disease, and irritant 
          effects such as eye and throat irritation?  The costs are 
          extremely high.  Indoor pollution is estimated to cost 
          California's economy more than $45 billion each year due to 
          premature deaths, medical costs, lost worker productivity, and 
          related impacts.  The total cost is likely much higher, because 
          the total health impacts are not known.  

          "The ARB concluded specifically that there are a variety of 
          effective approaches to addressing indoor pollution, but source 
          control, such as through emission limitations of use of 
          alternative products or materials, is the most effective 








                                                                  AB 1959
                                                                  Page  3

          approach for most indoor pollutants, because emissions and 
          harmful exposures are prevented. 

          "High-priority categories for mitigation include: indoor air 
          cleaners that purposely emit ozone: building conditions that 
          promote the growth or transmission of biological contaminants; 
          building materials and furnishings; combustion appliances; 
          environmental tobacco smoke; and, radon.  Those that are less 
          urgent, because they are currently regulated for other purposes 
          which yield benefits to indoor air, include: architectural 
          coatings such as paints and varnishes, consumer products such as 
          cleaning agents and air fresheners, household and office 
          equipment, such as printers and copy machines, and some 
          pesticide products. 

          "To date the, the BSC has done a good job in addressing volatile 
          organic chemicals and, in particular, fomaldehyde, through their 
          CALGreen standards?  While the BSC is moving in the right 
          direction, AB 1959 requires that those agencies responsible for 
          proposing and adopting standards relating to indoor air quality 
          consider new standards for a broader range of pollutants than 
          are currently being addressed.  This bill requires that this 
          work be done and standards to be feasible."

           Background  .  The BSC was established in 1953 and is responsible 
          for administering California's building codes, including 
          adopting, approving, publishing, and implementing codes and 
          standards.  The BSC publishes the California Building Standards 
          Code every three years, and its supplements, such as the 
          CALGreen Code in intervening years.  BSC may regulate only 
          fixed, permanent components of a structure, not removable items 
          contained within (e.g., cash register receipts, air fresheners, 
          furniture, etc.) that are listed in this bill's findings and 
          declarations. 

           REGISTERED SUPPORT / OPPOSITION  :   

           Support 
           
          None on file. 

           Opposition 
           
          None on file. 
           








                                                                 AB 1959
                                                                  Page  4

          Analysis Prepared by  :    Joanna Gin / B.,P. & C.P. / (916) 
          319-3301