BILL ANALYSIS                                                                                                                                                                                                    �



                                                                  AB 2270
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          Date of Hearing:   April 22, 2014

              ASSEMBLY COMMITTEE ON BUSINESS, PROFESSIONS AND CONSUMER  
                                     PROTECTION
                               Susan A. Bonilla, Chair
                     AB 2270 (Ting) - As Amended:  March 28, 2014
           
          SUBJECT  :   California Building Standards Commission: advisory  
          panels. 
          
          SUMMARY  :   Authorizes the California Building Standards  
          Commission (CBSC) to appoint individuals from the energy and  
          resource efficiency professions to appropriate advisory panels  
          that advise the CBSC and its staff with respect to building  
          standards.  Specifically,  this bill  :

          1)Authorizes the California Building Standards Commission (CBSC)  
            to appoint individuals from the energy and resource efficiency  
            professions to appropriate advisory panels that advise the  
            CBSC and its staff with respect to building standards.  

          2)States that it is the intent of the Legislature to enact  
            legislation to promote the creation of energy and resource  
            efficient homes in California.

           EXISTING LAW  

          1)Establishes the CBSC within the Department of General  
            Services, under the California Building Standards Law, and  
            requires any building standard adopted or proposed by state  
            agencies to be submitted to, and approved by, the CBSC prior  
            to codification.  (Health and Safety Code (HSC) Section 18920,  
            18930)

          2)Requires building standards to be filed with the Secretary of  
            State and codified into the California Building Standards Code  
            only after they have been approved by CBSC, and prohibits the  
            standards from being published in any other title of the  
            California Code of Regulations.  (HSC 18938, 18940)  

          3)Requires members of CBSC to be selected from and represent the  
            public, design professions, the building and construction  
            industry, local government building officials, fire and safety  
            officials, and labor, including at least one member who is  
            experienced and knowledgeable in building energy efficiency  








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            standards and one member who is experienced and knowledgeable  
            in sustainable building, design, construction, and operation,  
            as specified.  (HSC 18921)

          4)Authorizes CBSC to appoint from the design professions, the  
            building and construction industry, the affected general  
            public, and interested governmental agencies, appropriate  
            advisory panels to advise CBSC and its staff with respect to  
            building standards.  (HSC 18927)

           FISCAL EFFECT  :   Unknown

           COMMENTS  :  

           1)Purpose of this bill  .  This bill would codify existing  
            practices and expressly authorize CBSC to appoint individuals  
            from the energy and resource efficiency professions to its  
            advisory panels to strengthen and promote California's  
            commitment to sustainable building practices.  This bill is  
            author sponsored.   

           2)Author's statement  .  According to the author, "In 2010, (CBSC)  
            approved the California Green Building Standards Code  
            (CALGREEN) with which all new buildings in California must  
            comply.  CALGREEN is the first mandatory statewide green  
            building code adopted in the nation and requires all  
            residential and commercial developers to implement building  
            standards such as a 20% reduction in indoor water use,  
            compliance with energy efficiency standards promulgated by the  
            California Energy Commission, and use of low-pollutant  
            emitting construction and finishing materials?

          "As is the case with the other portions of the building  
            standards code, CALGREEN is revisited and updated every three  
            years by the CBSC.  Current law authorizes six code advisory  
            committees that advise the CBSC and its staff on proposed  
            building standards.  Advisory committee members are appointed  
            by the CBSC from the design professions, the building and  
            construction industry, the affected general public, and  
            interested governmental agencies.  As the building standards  
            code evolves to account for more energy and resource  
            efficiency measures, it is important to ensure that the CBSC  
            is able to draw upon the knowledge and qualifications of  
            experts in the field.









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          "AB 2270 would expressly authorize the CBSC to appoint  
            individuals from the energy and resource efficiency  
            professions to its advisory panels.  Utilizing the expertise  
            of energy and resource efficiency professionals will help  
            strengthen California's building codes and further demonstrate  
            California's commitment to sustainable construction  
            practices."

           3)Buildings standards and advisory committees  .  The California  
            Building Standards Law establishes CBSC and the process for  
            adopting state building standards.  Under this process, state  
            agencies propose building standards for building types under  
            their jurisdiction, which the CBSC must then adopt, modify, or  
            reject.  The CBSC publishes the California Building Standards  
            Code every three years, and its supplements, such as the  
            California Green Building Standards Code, in intervening  
            years.

          Under current law, the CBSC is comprised of 11 members who  
            represent the public, building design professions, the  
            building and construction industry, local government building  
            officials, fire and safety officials, and labor, and must  
            include at least one member who is experienced and  
            knowledgeable in building energy efficiency standards and one  
            member who is experienced and knowledgeable in sustainable  
            building, design, construction, and operation.  

          Within the office of the Executive Director of the CBSC is a  
            coordinating council, which is chaired by the Executive  
            Director and has representatives appointed by various state  
            agencies, that, among other things, works with agencies to  
            develop proposals for building standards.  In addition, CBSC  
            is authorized to appoint to these advisory panels persons from  
            the design professions, the building and construction  
            industry, the affected general public, and interested  
            governmental agencies to advise CBSC and its staff with  
            respect to building standards.  Panel appointees are required  
            to be knowledgeable and qualified in the type of work embraced  
            by the building standards in question.

          Administrative regulations require CBSC to establish the  
            following standing code advisory committees:  accessibility;  
            plumbing, electrical, mechanical and energy (PEME); building,  
            fire, and other regulations; structural design/lateral forces;  
            health facilities; and green building.  CBSC already solicits  








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            nominations from energy and resource efficiency professions  
            for some advisory committees.  Currently, CBSC is required to  
            solicit nominations for a voting member of the PEME committee  
            from an environmental/energy organization, and nominations for  
            voting members of the green building committee who are  
            mechanical or electrical engineers or energy/building  
            performance specialists.  

          This bill would expressly authorize CBSC to appoint energy and  
            resource efficiency professionals to these advisory  
            committees, which would codify existing practices to promote  
            the use of energy and resource efficiency professionals on  
            these committees and reinforce the state's commitment to  
            sustainable building standards.

           4)Prior legislation  .  AB 930 (Gordon), Chapter 399, Statutes of  
            2011, required that at least one member of CBSC be a person  
            who is experienced and knowledgeable in sustainable building,  
            design, construction, and operation. 

          AB 1058 (Laird) of 2007 would have required the Department of  
            Housing and Community Development and ultimately the Building  
            Standards Commission to adopt best practices and building  
            standards related to green building, and would have required  
            the advisory panels to also advise the CBSC with respect to  
            green building standards.  That bill was vetoed by the  
            Governor. 

           REGISTERED SUPPORT / OPPOSITION  :   

           Support 
           
          None on file.

           Opposition 
           
          None on file.
           
          Analysis Prepared by  :    Eunie Linden / B.,P. & C.P. / (916)  
          319-3301