BILL NUMBER: AB 35	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  JUNE 1, 2007
	AMENDED IN ASSEMBLY  MARCH 28, 2007

INTRODUCED BY   Assembly Member Ruskin
   (Principal  coauthor:   Assembly Member
  Lieu   coauthors:   Assembly
Members   Laird   and Lieu  )
    (   Coauthor:   Assembly Member  
Hancock   ) 

                        DECEMBER 4, 2006

    An act to amend Section 15770 of the Government Code, and
to add   An act to add  Part 3.1 (commencing with
Section 71117) to Division 34 of the Public Resources Code, relating
to the environment.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 35, as amended, Ruskin. Environment: state buildings:
sustainable building standards. 
   (1) Existing 
    Existing  law sets forth various requirements for energy
and design efficiency in construction and renovation of state
buildings.
   This bill would enact the Sustainable Building Act of 2007 and
would require the  State Public Works Board  
Califo   rnia   Environmental Protection Agency
 , by July 1, 2009, to adopt regulations for sustainable
building standards for the construction or renovation of state
buildings, as defined. The bill would require the regulations to
incorporate specified standards described in the United States Green
Building Council's Leadership in Energy and Environmental Design,
including a certification system based on attaining credits. The bill
would require the regulations to also consider existing relevant
information and guidelines, that maximize specified sustainability
measures and methods  , and to provide for credits for the
use of specified products. The bill would require the State Energy
Resources Conservation and Development Commission, the Department of
General Services, and the California Integrated Waste Management
Board to develop the regulations, which would be adopted by the
 board   agency  and would require those
developing entities to consult with appropriate state agencies, and
specified private and public sector organizations and the public, and
to hold at least 2 public workshops. The bill would require, on and
after July 1, 2010, that a state building for which development of
capital plans commences  on or  after that date, and a
renovation commencing on or after that date, be built, designed, and
operated in accordance with those regulations. 
   (2) Existing law provides that the State Public Works Board
consists of the Director of Finance, the Director of Transportation,
and the Director of General Services, and under specified conditions,
the Treasurer and the Controller.  
   The bill would also require the State Public Works Board to
include the Treasurer and the Controller for purposes of the bill.

   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.    Section 15770 of the Government Code
is amended to read:
   15770.  (a) There is in the state government the State Public
Works Board. The board consists of the Director of Finance, the
Director of Transportation, and the Director of General Services.
   (b) For the purpose of hearing and deciding upon matters related
to the issuance of revenue bonds pursuant to the State Building
Construction Act of 1955 (Part 10b (commencing with Section 15800)),
or any other law authorizing the issuance of revenue bonds, or for
the purpose of adopting regulations pursuant to the Sustainable
Building Act of 2007 (Part 3.1 (commencing with Section 71117) of
Division 34 of the Public Resources Code), the Treasurer and the
Controller shall be members of the board.
   (c) Three Members of the Senate, appointed by the Senate Committee
on Rules, and three Members of the Assembly, appointed by the
Speaker, shall meet with and participate in the work of the board to
the extent that their participation is not incompatible with their
positions as Members of the Legislature. The appointed Members of the
Legislature constitute a legislative interim committee on the
subject of this part with all the powers and duties imposed upon
those committees by the Joint Rules of the Legislature. 
   SEC. 2.   SECTION 1.   Part 3.1
(commencing with Section 71117) is added to Division 34 of the Public
Resources Code, to read:

      PART 3.1.  SUSTAINABLE BUILDING ACT OF 2007


   71117.  The Legislature finds and declares all of the following:
   (a) California is committed to providing leadership on energy,
environmental, and public health issues by implementing innovative
and resource-efficient public building design practices and other
state government programs that improve the lives of California's 35
million residents.
   (b) The state invests approximately two billion dollars
($2,000,000,000) annually for design, construction, and renovation,
and more than six hundred million dollars ($600,000,000) annually for
energy, water, and waste disposal at state-funded facilities.
   (c) A building's energy, water, and waste disposal costs are
computed over a 25-year period, or for the life of the building, and
far exceed the cost of design and construction.
   (d) An opportunity exists for the state to foster continued
economic growth and provide environmental leadership by incorporating
sustainable building practices into the state capital outlay and
building management processes.
   (e) Sustainable building practices utilize energy, water, and
materials efficiently throughout the building's life cycle; enhance
indoor air quality; improve employees' health, comfort, and
productivity; incorporate environmentally preferable products, and
thereby substantially reduce the costs and environmental impacts
associated with long-term building operations, without compromising
building performance or the needs of future generations.
   (f) The widespread adoption of sustainable building principles
would result in significant long-term benefits to the California
environment, including reductions in smog generation, runoff of water
pollutants to surface water and groundwater sources, and the demand
for energy, water, and sewage treatment services, and the fiscal and
environmental impacts resulting from the expansion of these
infrastructures.
   (g) It is critical that the state provides leadership to both the
private and public sectors in the sustainable building arena.
   (h) It is the policy of the state to site, design, deconstruct,
construct, renovate, operate, and maintain state buildings that are
models of energy, water, and material efficiency, while providing
healthy, productive, and comfortable indoor environments and
long-term benefits to Californians.
   (i) The Climate Action Team's report, Climate Action Team Report
to the Governor and the Legislature, identifies strategies to reduce
greenhouse gas emissions, which include continued implementation of
the Green Building Initiative and energy efficiency standards for
state buildings.
   (j) The Climate Action Team has reported to the Governor and the
Legislature an expected savings of 6.5 million tons of greenhouse gas
emissions annually by 2015 due to the continued implementation of
the Green Building Initiative.
   (k) It is the intent of the Legislature, in enacting this part, to
recognize that no one set of existing "green" building guidelines
may encompass the state's unique economic and natural
resources-related environment. It is further the intent of the
Legislature to ensure that the guidelines 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 71117.2.
   71117.1.  For purposes of this part, the following terms have the
following meanings: 
   (a) "Board" means the State Public Works Board.  
   (a) "Agency" means the California Environmental Protection Agency.

   (b) "Developing entities" means the State Energy Resources
Conservation and Development Commission, the Department of General
Services, and the California Integrated Waste Management Board.
   (c) "Sustainable 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.
   (d) "State building" means a building owned or leased by the
state.
   71117.2.  (a) On or before July 1, 2009, the  board
  agency  shall adopt regulations for sustainable
building standards for the construction or renovation of state
buildings regarding all of the following:
   (1) Sustainability of the site.
   (2) Water efficiency.
   (3) Energy and atmosphere.
   (4) Materials and resources and sustainable wood.
   (5) Indoor environmental quality.
   (6) Innovation and design process.
   (7) Nonmotorized transportation.
   (b) (1) The regulations adopted pursuant to this section shall
incorporate, at a minimum, the standards described in the United
States Green Building Council's (USGBC) Leadership in Energy and
Environmental Design (LEED) silver rating, as set forth in "Version
2.2" of LEED, as published by the USGBC in November of 2005,
including a system for the certification of building projects based
on attaining credits by complying with specified prerequisites and
benchmarks.
   (2) The regulations shall also consider those aspects of existing
relevant information and guidelines that maximize the measures and
methods identified in subdivision (a) and shall allow for flexibility
to meet California's building standards. These existing relevant
guidelines and information shall include, but are not limited to, all
of the following:
   (A) The Green Building Initiative's "Green Globes" rating system.
   (B) The federal Environmental Protection Agency's "Federal Green
Construction Guide for Specifiers."
   (C) The federal Department of Energy's "Greening Federal
Facilities."
   (D) The state's Building Better Buildings: An Update on State
Sustainable Building Initiatives (Blueprint 2003).
   (E) The Governor's Executive Order S-20-04.
   (3)  The   Notwithstanding paragraph (1), the
 regulations adopted pursuant to this section shall require,
for purposes of achieving certification, that credits be provided to
those projects that use wood products with a credible third-party
sustainable forest certification, as determined by the  board
  agency  . The regulations shall also provide
credit for the use of California-based resources, including building
materials, products, industries, manufacturers, and other businesses,
to promote the economic development of this state.
   (c) The developing entities shall develop regulations pursuant to
this part, to be adopted by the  board   agency
 , and shall take all of the following actions during the
development of the regulations:
   (1) Consult with appropriate state agencies, the building and
construction industry, the building and construction supplies
industry, recognized environmental advocacy groups, sustainable
building groups, other interested organizations, and the public.
   (2) Hold at least two public workshops to discuss the regulations
and gather input from interested parties.
   (d) The  board   agency  , in
consultation with the developing entities, may revise, if deemed
necessary by the  board   agency  , the
regulations developed pursuant to this section.
   (e) The  board   agency  shall consult
with the California Building Standards Commission to ensure that the
regulations developed pursuant to this section are not in conflict
with the California Building Standards Code. The requirements of Part
2.5 (commencing with Section 18901) of Division 13 of the Health and
Safety Code do not apply to a regulation developed or adopted
pursuant to this section. 
   (f) The board shall consult with the advisory members of the State
Public Works Board before adopting regulations pursuant to this
part. 
   71117.3.  On and after July 1, 2010, a state building for which
development of capital plans commences on or after that date, and a
renovation to a building owned by the state that commences on or
after that date, shall be built, designed, and operated in accordance
with the regulations adopted pursuant to this part.