BILL NUMBER: AB 1058 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MARCH 29, 2007
INTRODUCED BY Assembly Members Laird and Lieu
FEBRUARY 23, 2007
An act to add Part 5.5 (commencing with Section 71450) to Division
34 of the Public Resources Code, relating to environmental
protection.
LEGISLATIVE COUNSEL'S DIGEST
AB 1058, as amended, Laird. Green building construction: best
practices.
Existing law sets forth various requirements for energy and design
efficiency in the construction and renovation of state buildings.
This bill would require the California Environmental Protection
Agency, by July 1, 2009, in conjunction with a specified working
group of certain state entities that it would coordinate, and,
in consultation with specified public and private sector
organizations, to develop, adopt, and make available a set of
voluntary green building "best practices" for residential home
construction . The bill would require the best practices
developed by the agency to that include measures
regarding energy, water, materials, and resources efficiency, indoor
environmental quality, innovation and design process,
nonmotorized transportation, and a method for determining
life-cycle cost. The bill would require the agency to
consult with specified public and private sector organizations.
The bill would require the agency, and
other specified entities, in developing and adopting the
best practices, would be required to consider certain
aspects of existing relevant guidelines. Concurrent with the
development of t he best practices, specified state
entities would be required to determine appropriate minimum standards
for the above measures. The agency would be required to develop a
comprehensive set of minimum standards for sustainable homes and
would be authorized to prioritize competing aspects of sustainability
to ensure a balanced home in all aspects of a sustainable and
environmentally sound home.
The bill would require the agency to develop an education program
to inform local entities of the benefits of green building, and to
encourage the use of the best practices.
The bill would require the California Building Standards
Commission to review the best practices and to determine whether to
include them in the California Building Standards Code
agency, beginning July 1, 2011, to conduct a public review to
determine the level of use and the effectiveness of the best
practices and minimum standards in a representative sampling of home
construction. The agency would be authorized to amend the best
practices and minimum standards, as deemed necessary, based on this
review .
The bill would require the agency, on or before July 1, 2012, to
submit the revised minimum standards to the California Building
Standards Commission for adoption by that commission in the
California Building Standards Code. The commission would be
prohibited from reducing the minimum standards proposed by the agency
but would be authorized to revise those standards. New homes that
are constructed on or after July 1, 2013, would be required to meet
the minimum standards that are adopted by the California Building
Standards Commission. If the commission fails to adopt standards for
sustainable and environmentally sound homes on or before July 1,
2013, all new home construction would be required to comply with the
revised standards until the commission adopts specified standards for
sustainable and environmentally sound homes.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Part 5.5 (commencing with Section 71450) is added to
Division 34 of the Public Resources Code, to read:
PART 5.5. Green Buildings
71450. The Legislature hereby finds and
declares all of the following:
(a) In 2006, the state had approximately 13 million existing
housing units, and in 2003, construction investment in the state for
new residential housing totaled thirty-four billion dollars
($34,000,000,000).
(b) The building of a 2,000-square-foot home generates three to
five tons of construction waste. Cumulatively, California residences
use approximately 5.6 million acre-feet of applied water annually,
and the residential sector accounts for roughly 31 percent of the
electricity consumed in the state.
(c) The state is committed to providing leadership on energy,
environmental, and public health issues by implementing innovative
and resource-efficient building design practices and other programs
that improve the lives of the state's 34.5 million residents.
(d) Green building practices utilize energy, water, and materials
efficiently throughout the building life cycle, enhance indoor air
quality, incorporate environmentally preferable products, and protect
the building occupants' health.
(e) The widespread adoption of green building principles would
result in significant long-term benefits to the state's environment,
including reduction in the demand for energy, water, and waste stream
services, and the fiscal and environmental impacts resulting from
the expansion of these infrastructures.
71450.5. It is the intent of the Legislature, in enacting this
part, to recognize that no one set of existing green building
practices may encompass the state's unique economic and natural
resources-related environment. It is further the intent of the
Legislature to ensure that the standards and best
practices adopted pursuant to this part recognize California's
leadership in environmental sustainability practices and include the
most rigorous measures and methods possible with regard to the
factors specified in subdivision (a) of Section 71452.
71451. For purposes of this part, the following definitions
apply:
(a) "Agency" means the California Environmental Protection Agency.
(b) "Best practices" means green building best practices for
residential home construction that include, but are not limited to,
all of the following:
(1) Energy efficiency, conservation, or renewable generation
measures.
(2) Water efficiency, conservation, and reuse measures.
(3) Materials and resources efficiency, conservation, and reuse
measures.
(4) Indoor environmental quality measures, including indoor air
quality.
(5) Innovation and design processes.
(6) Nonmotorized transportation.
(7) A method for determining life-cycle cost, including evaluating
the relative effectiveness, cost, and life-cycle savings, if any, by
the use of the individual or multiple green building measures
specified in paragraphs (1) to (6), inclusive.
(b)
(c) "Green building" means a project designed to reduce
both direct and indirect environmental consequences associated with
its construction, use, operation, maintenance, and eventual
decommissioning, the design of which is evaluated for cost,
quality-of-life impacts, future flexibility, ease of maintenance,
energy and resource efficiency, and overall environmental impact,
with an emphasis on life-cycle cost analysis.
71452. (a) On or before July 1, 2009, the agency, with the
working group that it coordinates pursuant to subdivision (b), shall
develop, adopt, and make available, a set of voluntary green
building "best practices" for residential home construction
voluntary best practices . The best
practices developed pursuant to this part shall include, but not be
limited to, all of the following:
(1) Energy efficiency, conservation, or renewable generation
measures.
(2) Water efficiency, conservation, and reuse measures.
(3) Materials and resources efficiency, conservation, and reuse
measures.
(4) Indoor environmental quality measures, including indoor air
quality.
(5) Innovation and design process.
(6) A method for determining life-cycle cost, including evaluating
the relative effectiveness, cost, and life-cycle savings, if any, by
the use of the individual or multiple green building measures
specified in paragraphs (1) to (5), inclusive.
(b) (1) To develop the voluntary best practices pursuant to this
part, the agency shall coordinate a working group consisting of a
multiagency effort, including, but not limited to, all of the
following state entities:
(A) The California Integrated Waste Management Board.
(B) The State Energy Resources Conservation and Development
Commission.
(C) The State Air Resources Board.
(D) The Department of Water Resources.
(E) The Department of Housing and Community Development.
(F) The Department of General Services.
(G) The California Building Standards Commission.
(2) The agency and each state entity specified in paragraph (1)
shall also consult with representatives from each of the following:
(A) The building construction industry.
(B) Recognized environmental advocacy groups.
(C) Interested local government entities.
(D) Interested public parties.
(c) Each state entity specified in paragraph (1) of subdivision
(b) shall take the lead in developing the best practices related to
its particular area of expertise. The agency shall be
responsible for coordinating the integration of the separate aspects
provided by each state entity into the best practices.
(d) (1) The agency shall be responsible for coordinating the
integration of the separate aspects provided by each state entity
specified in paragraph (1) of subdivision (b) into the voluntary
residential green building best practices.
(d) (1) Each state entity specified in paragraph (1) of
subdivision (b) shall also determine the appropriate minimum
standards related to its area of expertise pertaining to best
practices that shall be met to consider a residence to be sustainable
and environmentally sound. Aspects of the best practices shall
provide methods for achieving and exceeding these minimum standards.
(2) The agency shall be responsible for coordinating the
integration of the separate minimum standards determined pursuant to
paragraph (1) into a set of comprehensive minimum standards for
sustainable and environmentally sound homes. In creating the minimum
standards, the agency has the authority to prioritize competing
minimum standards to ensure a balanced home in all aspects of a
sustainable and environmentally sound home.
(2) (A)
(e) (1) Following the
agency's coordination efforts, and prior to final adoption of
best practices the best practices and minimum
standards , the California Building Standards Commission shall
review all aspects of the best practices and minimum standards
to ensure nothing falls below , or is in conflict
with, the standards required in the California Building
Standards Code (Title 24 of the California Code of Regulations).
(B) Pursuant to Section 18930 of the Health and Safety Code, the
California Building Standards Commission shall determine whether to
include the voluntary best practices in the California Building
Standards Code.
(2) Each state entity specified in paragraph (1) of subdivision
(b) shall provide to the California Building Standards Commission and
the agency an analysis of their proposed best practices and minimum
standards that include all of the following:
(A) Potential overlap with other agencies' jurisdiction.
(B) Assurance that all aspects exceed existing standards in the
California Building Standards Code (Title 24 of the California Code
of Regulations).
(C) Justification of the best practices and minimum standards
developed pursuant to this section.
(e)
(f) In developing and adopting voluntary best
practices the voluntary best practices and minimum
standards pursuant to this part, all entities involved shall
consider those aspects of existing relevant guidelines that maximize
the measures and methods identified in subdivision (a). These
existing relevant guidelines shall include, but are not limited to,
all of the following:
(1) The United States Green Building Council's Leadership in
Energy and Environmental Design (LEED) for Homes rating system.
(2) The 2005 Build It Green "New Home Construction Green Building
Guidelines."
(3) The EarthCraft House program of Atlanta, Georgia.
(4) The Built Green program of the Seattle Master Builders.
(5) The Model Green Home Building Guidelines of the National
Association of Home Builders (NAHB).
(f) (1) The agency may revise, if deemed necessary by the agency,
the best practices developed pursuant to this part, in consultation
with the working group specified in subdivision (b).
(2) The agency shall not make changes more than once per calendar
year, and, to the extent practicable, shall coincide those changes
with the timing of review of the California Building Standards Code.
(g) The agency shall develop an education program to inform local
entities of the benefits of green building, and encourage the use of
the best practices for residential construction. The education
program shall include information on how to best utilize the best
practices for new construction as well as existing homes.
71453. (a) Beginning July 1, 2011, the agency shall conduct a
public review of the best practices and minimum standards developed
pursuant to Section 71452 with representatives from the state
entities set forth in paragraph (1) of subdivision (b) of Section
71452 and from the residential construction industry to determine the
level of use and effectiveness of the best practices and minimum
standards in a representative sampling of residential construction.
The agency may amend the best practices and minimum standards, as
deemed necessary, based on the review.
(b) On or before July 1, 2012, the agency shall submit the revised
minimum standards to the California Building Standards Commission
for adoption by that commission in the California Building Standards
Code (Title 24 of the California Code of Regulations) pursuant to the
State Building Standards Law (Part 2.5 (commencing with Section
18901) of Division 13 of the Health and Safety Code). The California
Building Standards Commission may revise but shall not reduce the
minimum standards submitted by the agency.
(c) (1) On and after July 1, 2013, all new homes shall be
constructed to meet the minimum standards adopted by the California
Building Standards Commission pursuant to subdivision (b).
(2) If the California Building Standards Commission fails to adopt
standards for sustainable and environmentally sound homes pursuant
to subdivision (b) before July 1, 2013, all new homes constructed on
or after July 1, 2013, shall meet the minimum standards established
pursuant to subdivision (a) until the time that the California
Building Standards Commission adopts standards for sustainable and
environmentally sound homes that are at least as stringent as the
minimum standards established pursuant to subdivision (a).