15. AB 2939 Green Bldg. StandardsCity Hall
10300 Torre Avenue
Cupertino, CA 950]4-3255
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FAX: (408} 777-3366
CUPERTINO
COMMUNICATION
SUMMARY
Agenda Item No. 1
SUB7ECT
Meeting Date: August 5, 2008
Authorize the mayor to send a letter of support regarding AB 2939 (Hancock) allowing
local governments to adopt green building standards
BACKGROUND
Existing provisions of the California Building Standards Law (Health and Safety Code
Sections 17958.5 and 17958.7) generally preempt local agencies from setting building
standards different from, or stricter than, those set forth in the California Building
Standards Code ("Code"), except where "reasonably necessary because of local climatic,
geological, or topographical conditions", thus hindering local governments' ability to use
green building ordinances as a tool to meet Green House Gas reduction goals.
AB 2939 will authorize local agencies to establish mandatory green building standards for
private developments that may be stricter than the Code by expanding the current local
code modification authority to specifically include local green building standards.
While the California Building Standards Commission is developing a statewide green
building code that should complement local green building efforts, it is important that
state law be modified so that local agencies will be allowed to go beyond the State's
minimum building code regulations and mandate more comprehensive green building
programs, as many cities have already begun to do.
STAFF RECOMMENDATION
It is recommended that the council authorize the mayor to send a letter in support of this
legislation. .
Submitted by:
Counci
Rick Kitson,
Public & Environmental Affairs Director
Approved for submission to the City
David W. Knapp,
City Manager
15-1
AB 2939
Page i
( Nithout Reference to File }
ASSEMBLY THIRD READING
AE 2939 {Hancock)
As Amended May 19, 7008
Majority vote
BUSINESS 6 PROFESSIONS 7-3 NATOfUL RESOURCES 6-3
Ayes:IBng, Carter, Hayashi, (Ayes:IHaacock, Hrownley,
Hernandez, Price, Fuentes, Laird, Saldal;a,
Torrico, Purutani Molk
Nays:IEmmeraon, Horton, Plescia INay9:ILa Melfa, Aghazariaa,
Reeve
APPROPRIATIONS 11-$ LOCAL OOVERNl7ER7T 4-1
Ayes: Leno, Cabal lezo, Davis, Ayes: Caballero, De La Torre,
DeSaulnier, Furutanr, I ILreber DeSaulnier
Huftman, Itarnetin, Lieu,
Ma, Nava, SolOri0
Nays: Ral[er6, hl®ezeon, La Ways:ISmyth
Malfa, Nakanishi, Sharon
Rum-,er
SONMARY Authorizes a city, County, or city and county to
iaplement.stricter green building guidelines and scoring eyatema
than those permitted under existing law, Specifically, this
bill
1)Makes legislative findings and declarations regarding the
benefits of green building practices.
2)AUthorizes a city, county, or city and county to implement
green building guidelines and a scoring system eatabliahed by
one of the authorised rating systems it the change or
modification does not peradt use of a building atandaxd that
is lees stringent than those othervriae permitted.
A8 2939
Page 2
3}Definea "green building° as a arrestors that uses a holistic
approach or life cycle analysis approach for design,
c~structidn, aoe demolition that mi]Oimi.zea the building's
inpaet oa the environment, the occupants, and the cnnm,";ty,
sad that lncludes meaenrea to reduce impacts, including, but
not limited to, site planning, energy efficiency, water
efficiency, materials and resource efficiency, moor air
quality, and environmental quality.
4)Provides that nothing in this bill shall limit ar alter the
requirements of subdivision {h1 of Section 25402.1 of the
Public Resources Code regarding city, county, or city sad
county cronservatioa ox energy installation standards.
5)Requirea a city, county, ar city and camty that adopts
ardinaaees oz regulations malting changes to the California
Building Standards Code to implement green building guidelines
and acozing systems to use one of the following rating
systems:
a) The Green Point Rated system of the Build It Green
organization;
b) The California Green Builder program of the California
Building Industry Association;
c) The Leadership in Energy and Environmental Design eyatem
of the united Scarce IU.s.) Green building Council; or,
d) 1'he Green Globes system for new bnildinge of the Green
Building Initiative.
6)AUthorizes the California Buildi~ Staadarfls Com,sieaioa (BSc)
to aSae99 an application review and processing fee for any
rating system application submitted to the commission for
approval that shall not exceed the coat of reviewing and
processing the application.
7)Requizes airy ordinance or regulation adopted by a city,
county, or city and county to implement one of the green
building guidelines and scoring eyat ems identrtled is the bill
to include a procedure by which that city, county, or city and
county shall review any subsequent changes to that eyatem
before those changes can take effect within the city, co~mty,
or city and county.
AB 2939
Page 3
BILL ANALYSTS
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el Provides that a city, county, or city and county that has
adopted an ordinance or regulation to i~lement one or more of
the green building guidelines or scoring systems set forth in
this bill prior to January 1, 2009, without making the
re;••; red findings pursuant to the relevant provision of this
bill shall be deemed to have cca~lied with the relevant
provisions of this bill for the purposes of that ordinance or
regulation so long ae the city, county, or city and county
makes and files the required EEnding on or before January 1,
2010.
91Requirea the governing body of a city, county, or city aM
county, before adopting a green building standard pursuant to
this bill, to make an express finding that the modifications
or changes are reasonably necessary to permit the city,
county, or city and county to implement one or more of the
green building guidelines and scoring system established by
one of the rating systems identified in ibis bill that shall
be available as a public record.
10)Requires that a copy of those Findings, together with the
modification or cn•,ege expressly xarkefl and identified so as
to ~rrelate with the relevant findings, shall Ue filed with
the BSC, and authorises the SSC to reject a modification or
change filed by the governing body of a city, county, or city
and county if ao finding was submitted.
E7CISTTNG LRB
1)Requlres all state agencies that adopt or propose adoption of
any building standard under the California Building Standards
Code to submit the building standard to the HSC for approval
or adoption.
2)Requlres the Department of Housing and Coewnnai[y Develppeient
to propose the adoption, amendment, or repeal of building
standazda to BSC reiati~ to hotels, motels, lodging houses,
apartment houses, and dwellings and the buildings and
structures acceseery thereto.
3)AUthorizes a City OY Coemty t0 make changes or modifications
in building standards to provide for local variances relating
to Local climatic, geological, or topographical conditions,
upon making certain findings and Filing those findings with
BSC.
FISCAL EFFECT Ninor absorbable COata t0 HSC CO rlCeiVe
additional filings from cities and cdmtiea regarding local
modifications to the state Building Standards Code.
CONMBNTS This bill is about the state building code and
etw~er it is prvdern policy to allow local governments to
ia~lement stricter gseen buildi~ guidelines sad scoring systems
than those permitted under the state law. According [o the
author, •Nany cities have expressed interest is adopting a '
mandatory approach as a tool to reduce the effects of climate
change. Current law hinders local governments' abilities to
effectively meet gzeenhouae gas emissions (GRG) reduction
objectives required under AH 32. Local gavezmoente Lave
difficulty in implementing local standards regarding green
buildings due to authorisation. Existing prpVlaion6 of the
California Building Standards Code preeagt loca3 agencies from
setting building standards different from those net Sorth in the
state code, except where 'reasonably necessary because of local
climatic, geological, or topographical condition.' Local
agencies should Lave the authority to develop local green
building standazda.•
Current sad pas[ legislation:
1)SH 1473 (Calderon) of 2008, pending in the Aaeeably, requires
the Building S•'-'~-da Coimaission, by July 1, 2011, to adopt
and publish green building standards for both residential and
non-residential construction.
2)AB 32 1NUnez), Chapter 488, Statutes Of 2006, enacts flee
Global Harming Act of 2006, which creates a statewide GHG
emission limit that would reduce emissions by 254 by 2020.
31A8 315 {NaneockY of 2006, would have required the State
Allocation Hoard regulations for energy efficient school
facilities to include incentive-based guidelines that increase
the Lase allocation for a school facilities project that meet
certain requirements relative to energy eff Scient buildings.
This bill was held on the Senate Floor.
tIAB 701 (Nava) of 2006, would have required all state buildings
on which canstzuc[ion or renovaiioa was begun an or after
January i, 2006 to obtain a Leadership in Energy and
Enrironmental Design Platimm rating, as developed by the U.S.
Green Building Council, no later than January 1, 20]5. This
bill was held in the Assembly Business and Professions
Cosndttee.
5)AB 2878 (Ruskin) of 2006, world have required the California
integrated Neste Nangemeat Hoard to adopt regulation
establiehimi green building standards for the construction and
renovation of state buildings. This bill was held is the
Assembly Business and Professions Coeotittee.
AB 2939
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AH 2939
Page 5
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6)AB 2928 (Laird) of 2006, could have required BSC, by January
1, 2009, adopt voluntary green guidelines for residential
construction. Tnis bill vas held on the Assembly Floor.
AnalysiB Preuared by S. Stacey Sullivan / L. OOV. / (916)
319-3958
FN: 0005275
15-4