05. AB 2939 Letter of supportCity Hall
10300 Torre Avenue
Cupertino, CA 950143255
(408)777-3212
FAX: (408) 777-3366
CUPERTINO
COMMUNICA710N
Agenda Item No.
SUMMARY
Meeting Date: August 19, 2008
SUBJECT
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.
LEGISLATIVE COMMITTEE RECOMMENDATION
Based on a-mail communications received from Vice Mayor Mahoney and
Councilmember Wong in support, it is recommended that the council authorize the mayor
to send a letter in support of this legislation.
Submit b
Rick Kitson,
Public & Environmental Affairs Director
Approved for submission to the City Council:
David W. Knapp,
City Manager
5-1
BILL NUMBER: AB 2939 AMENDED
BILL TEXT
AMENDED IN SENATE AUGUST 4, 2008
AMENDED IN SENATE JULX 1, 2008
AMENDED IN ASSEMBLY MAY 19, 2006
AMENDED IN ASSEMBLY MARCH 24, 2008
INTRODUCED BY Assembly Member Hancock
{Coauthors: Assembly Members Laird and Lieu)
FEBRUARY 22, 2008
An act to amend Sections 17958.5, 17958.7, and 18941.5 of the
Health and Safety Code, relating to building standards.
LEGISLATIVE COUNSEL'S DIGEST
AB 2939, as amended, Hancock, Building standards: green buildings:
local variances.
The California Building Standards Law provides for the adoption of
building standards by state agencies by requiring all state agencies
that adopt or propose adoption of any building standard to submit
the building standard to the California Building Standards Commission
for approval or adoption.
Existing law requires the Department of Housing and Community
Development to propose the adoption, amendment, or repeal of building
standards to the commission relating to hotels, motels, lodging
houses, apartment houses, and dwellings, and the buildings and
structures accessory thereto, except as specified.
Existing law authorizes a city or county to make changes or
modifications in the building standards proposed by the department
and approved by the commission, to provide for local variances
relating to local climatic, geological, or topographical conditions,
upon making certain findings and filing those findings with the
commission.
This bill would specifically authorize a city, county, or city and
county to make changes or modifications in the building standards
proposed by the department and approved by the commission, to permit
the city, county, or city and county to implement one or more green
building standards, guidelines, and rating systems, as defined, if
the change or modification does not permit use of a building standard
that is less stringent than those otherwise permitted under existing
law.
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. The Legislature finds and hereby declares all of the
following:
(a) The design, construction, and maintenance of buildings and
structures within the state can have a significant impact on the
state's environmental sustainability, greenhouse gas emissions,
resource usage and efficiency, and waste management, and the health
and productivity of the state's residents, workers, and visitors.
(b) Green building is a whole-systems approach to the design,
construction, and operation of buildings, from the early stages of
development to the final finishes to the day-to-day operations and
maintenance of the building. Green building includes the following
five principles: planning for livable communities, energy efficiency,
indoor environmental quality and health, natural resource
conservation, and water conservation.
{c) Green building benefits are spread throughout the systems and
features of the building. Green building goes beyond energy
efficiency measures to include, among other things, sites and designs 5-2
that make it easier for people to drive less, durable and
low-maintenance materials, passive solar design, high efficiency
heating and cooling equipment, upgraded insulation, materials with
reduced formaldehyde and low-volatile or nonvolatile organic
compounds, reuse and recycling of construction and demolition debris,
recycled content products, low-water landscaping and high efficiency
irrigation, and high efficiency appliances and fixtures.
(d) In recent years, green building design, construction, and
operations techniques and practices have become increasingly
widespread. Many homeowners, businesses, and building professionals
have voluntarily sought to incorporate green building techniques and
practices into their projects. A number of local and national systems
have been developed to serve as guides to green building practices.
{e} Several provisions of state law are creating uncertainty
regarding the ability of California cities and counties to require
the use of proven and effective green building techniques, even where
those techniques exceed all minimum California building standards.
Specifically, the California Building Standards Law generally
preempts cities and counties from setting building standards
different from those set forth in the California Building Standards
Code, except when the city or county determines that modifications
are "reasonably necessary because of local climatic, geological, or
topographical conditions." The resultant uncertainty is preventing
the cities and counties that wish to do so from fully realizing the
economic and environmental benefits of mandating green building
measures, even though those measures provide one of the most
effective means for local governments to meet greenhouse gas
emissions reduction and other important environmental objectives.
While the California Building Standards Commission is developing
green building standards that will be adopted as code, many local
governments have begun to go beyond voluntary measures and mandate
more comprehensive green building programs as a strategy to address
climate change, and those local governments should have a mechanism
to do so without the current uncertainty and potential legal threat.
(f) To permit the people of the State of California to realize the
benefits of green building, it is necessary to amend the California
Building Standards Code to clarify that a city, county, or city and
county may mandate the use of appropriate green building measures.
SEC. 2. Section 17958.5 of the Health and Safety Code is amended
to read:
17958.5. (a) Except as provided in Section 17922.6, in adopting
the ordinances or regulations pursuant to Section 17958, a city,
county, or city and county may make those changes or modifications in
the requirements contained in the provisions published in the
California Building Standards Code and the other regulations adopted
pursuant to Section 17922 that it determines, pursuant to the
provisions of Section 17958.7, are reasonably necessary to do either
of the following:
(1) Address local climatic, geological, or topographical
conditions.
(2) Permit the city, county, or city and county to implement one
or more green building standards, guidelines, and rating systems, if
the change or modification does not permit the use of a building
standard that is less stringent than those otherwise permitted under
this part. For the purposes of this subdivision, a city and county
may make reasonably necessary modifications, on the basis of local
conditions, to the requirements adopted pursuant to Section 17922 and
contained in the California Building Standards Code and related
regulations.
(b} For the purposes of this part, "green building" shall mean a
structure that uses a holistic approach or life cycle analysis
approach for design, construction, and demolition that minimizes the
building's impact on the environment, the occupants, and the
community, and that includes measures to reduce impacts, including,
but not limited to, site planning, energy efficiency, water
conservation, materials and resource efficiency, indoor air quality,
and environmental quality.
(c} For the purposes of this part, "green building standards,
guidelines, and rating systems" shall mean a publicly available
5-3
system that is developed by a ~'^~ rte'-^^r}~•
third party and provides a mechanism for evaluating and
determining whether, and to what extent, a structure qualifies as a
green building.
(d) Any ordinance or regulation adopted by a city, county, or city
and county to implement one or more green building standards,
guidelines, and rating systems shall include a procedure by which
that city, county, or city and county shall review any subsequent
changes to that system before those changes can take effect within
the city, county, or city and county.
(e) A building standard permitted by an ordinance or regulation
adopted by a city, county, or city and county to implement a green
building standard, guideline, or rating system shall not be Less
restrictive than the building standards contained in the California
Building Standards Code on the subject of performance, safety, or the
protection of Life, health, or the general welfare.
r„i
~r
(f) A city, county, or city and county that has adopted
an ordinance or regulation to implement one or more green building
standards, guidelines, and rating systems prior to January 1, 2009,
without making the required findings pursuant to subdivision (a) of
Section 17958.7, shall be deemed to have complied with this section,
and Sections 17958.7 and 18941.5, for the purposes of that ordinance
or regulation, if the city, county, or city and county makes and
files-the required finding pursuant to subdivision (a) of Section
17958.7 on or before January 1, 2010.
~~~
c~-
(g) Nothing in this section or in Section 17958.7 or
18941.5 shall limit or alter the requirements of subdivision (h) of
Section 25402.1 of the Public Resources Code regarding city or county
conservation or energy insulation standards. '
SEC. 3. Section 17958.7 of the Health and Safety Code is amended
to read:
17958.7. {a) Except as provided in Section 17922.6, the
governing body of a city, county, or city and county, before making
any modifications or changes pursuant to Section 17958.5, shall make
an express finding that the modifications or changes are reasonably
necessary because of local climatic, geological, or topographical
conditions, or to permit the city, county, or city and county to
implement one or more green building standards, guidelines, and
rating systems. The finding shall be available as a public record. A
copy of those findings, together with the modification or change
expressly marked and identified so as to correlate with the relevant
findings, shall be filed with the California Building Standards
Commission. If the modification or change consists of the adoption of
one or more green building standards, guidelines, and rating
systems, this requirement shall be satisfied by filing a copy of the
findings that expressly identifies the green building guidelines and
rating systems. No modification or change shall become effective or
operative for any purpose until the finding and the modification or
change have been filed with the California Building Standards •
Commission.
(b) The California Building Standards Commission may reject a
modification or change filed by the governing body of a city, county,
or city and county if no finding was submitted.
SEC. 4. Section 18991.5 of the Health and Safety Code is amended
to read:
18941.5. (a) (1) Amendments, additions, and deletions to the
California Building Standards Code adopted by a city, county, or city
and county pursuant to this section or pursuant to Section 17958.7,
together with all applicable portions of the California Building
Standards Code, shall become effective 180 days after publication of
the California Building Standards Code by the commission, or at a
later date after publication established by the commission.
(2) The publication date established by the commission shall be no
earlier than the date the California Building Standards Code is
available for purchase by the public.
(b) Neither the State Building Standards Law contained in this
part, nor the application of building standards contained in this 5-4
section, shall limit the authority of a city, county, or city and
county to establish more restrictive building standards reasonably
necessary because of local climatic, geological, or topographical
conditions, or to permit a city, county, or city and county to
implement one or more green building standards, guidelines, and
rating systems. The governing body shall make the finding required by
Section 17958.7 and the other requirements imposed by Section
17958.7 shall apply to that finding. Nothing in this section shall
limit the authority of fire protection districts pursuant to
subdivision {a) of Section 13869.7. Further, nothing in this section
shall require findings required by Section 17958.7 beyond those
currently required for more restrictive building standards related to
housing.
5-5
Page 1 of 5
David Knapp
From: Orrin Mahoney
Sent: Tuesday, August 12, 2008 5:52 PM
To: David Knapp; Gilbert Wong; Orrin Mahoney
Subject: RE: Legislative Committee Recommendation on AB2939
Dave,
We have both replied to Rick that we met and agree on a support position.
Regards, '
Orrin
From: David Knapp [mailto:DaveK@cupertino.org]
Sent: Tuesday, August 12, 2008 4:34 PM
To: Gilbert Wong; Orrin Mahoney
Subject: FW: Legislative Committee Recommendation on AB2939
Giibert and Orrin,
I've taken the liberty of proposing a support position on this to get it on the Consent Agenda. Can you two discuss it before the
agenda goes out, and let me know if you want a different position?
Dave
----Original Message-----
From: Rick Kitson
Sent: Tuesday, August 05, 2008 7:34 PM
To: Gilbert Wong; Orrin Mahoney
Cc: Mark Santoro; Kris Wang; Dolly Sandoval; David Knapp
Subject: Legislative Committee Recommendation on AB2939
Attached please find the previous communications on this issue.
Re: FW: Local Green Building Standards -Letters Still Needed
From: Gilbert Wong <giibertswong~gmail.com>
To: Rick Kitson <RickK@cupertino.org>
CC: Orrin Mahoney <Omahoney~a~cu~ertino.org>, Gilbert Wong <gwong~cupertino.org>
Date: Jul 15 2008 -10:14am
Orrin,
I believe we should bring this to council for a position. Thanks Rick for bringing this
to commitee's attention.
Regards,
Gilbert
5-6
8/13/2008
Page 2 of 5
On Tue, Jul 15, 2008 at 8:10 AM, Rick Kitson <RickK@cupertino.orp
~+ailto:RickK@cupertino.orq» wro#e:
Dear Legislative Committee Members,
Dave has asked whether or not this was an issue you felt should be brought before
the council so a position may be taken.
Rick
-=-Original Message-
From: Build It Green -Advocacy (maiito:Admin@BuildltGreen.orq
<mailto:Admin BuildltGreen.org>]
Sent: Friday, July 11, 2008 3:59 PM
To: DLRedwoodsCc~aol.com <mailto:DLRedwoods(cD_aol.com>
Subject: Local Green Building Standards -Letters Still Needed
Dear Build It Green Friends and Colleagues,
Your letters of support for AB 2939 are still urgently needed to give local
govemments the ability to adopt green building standards.
ie last Build It Green Public Agency Council (Bay Area) meeting, we discussed
~..: need to clarify State Law in regards to green building requirements for private
projects. In light of the California Building Standards Commission's (CBSC}
forthcoming Green Building Code establishing statewide voluntary green building
standards, it is more important than ever to emphasize that the only safe "legal" way
of adopting local green building standards is by filing "local climatic, geological or
topographical" findings with either the California Energy Commission (CEC), the
CBSC, or in mast cases both agencies. Unfortunately, this process may be
burdensome and costly to many local agencies. Clarification in State law is urgently
needed to ensure that local governments have the authority to adopt green building
standards. This is why StopWaste.Org is sponsoring AB 2939 (Hancock).
We applaud the CBSC for the work #hey have done to increase the awareness and
minimum requiremen#s for green building in California. Participation at both the
state and local levels is essential if we are to make significant progress in the area of
climate change and resource depletion. The proposed California Green Building
Code was developed to work in concert with local green building efforts. This bill is
not intended to undermine the CBSC's process, but rather to complement that effort.
However, it is essential that local govemments be allowed to provide leadership by
going further and mandating more comprehensive green building programs, as
many cities have already begun to do. .
I'm certain we can all agree that important leadership and innovation happens at the
local level. We would not have been this far along with green building initiatives in
Califomia if we had waited for industry or the state govemment to lead the way.
AB 2939 would specifically authorize a city, county, or city and county to amend
a building standards to implement one or more green building standards,
.etines, and rating systems, as long as the amendments are not less stringent
than state building standards. As you are aware, the existing green building
programs have measures that are more stringent than code. "Green building
5 -•7
%/13/2008