HomeMy WebLinkAboutSB1473 - Green BldgsREQUEST:
DATE:
CITY OF PALM DESERT
COMMUNITY SERVICES DEPARTMENT
STAFF REPORT
CONSIDERATION OF LEGISLATIVE REVIEW COMMITTEE ACTION
ON SB 1473 (CALDERON) AT ITS MEETING OF MARCH 25, 2008
April 10, 2008
CONTENTS: SB 1473 Language
RECOMMENDATION:
By Minute Motion, concur with the action taken by the Legislative Review Committee at its
meeting of March 25, 2008, and direct staff to prepare a letter of opposition for the Mayor's
signature with regard to SB 1473 (Calderon) relative to green buildings.
BACKGROUND:
The California Building Standard Law provides for adoption of building standards by the State. If
passed, SB 1473 would revise the definition of "building standard" to include sustainable and
green building standards. It would require cities to collect a fee from building permit applicants
at $4 per $100 in valuation. Local agencies could retain not more than 10% of the fees collected
for administrative costs and Code Enforcement education and the remainder of fees collected
must be surrendered to the State. Fees collected by the State would be used to develop
education and print publications with regard to green building standards. This bill seems to be
one more attempt by the State to use local resources to fund a State program.
Therefore, the Legislative Review Committee recommends that the City Council oppcse SB
1473 and direct staff to prepare a letter stating that position to appropriate Legi it tors for the o
Mayor's signature. q�.,
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PATRICIA SCULLY, CFEE
SENIOR MANAGEMENT ANALYST
SHEILA R. 6 LIGAN
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SB 1473 Senate Bill - INTRODUCED Page 1 of 6
I�ILL NUMBER: SB 1473 INTRODUCED
BILL TEXT
INTRODUCED BY Senator Calderon
FEBRUARY 21, 2008
An act to amend Sections 18909 and 18941.5 of, to add Sections
18914 . 9, 18919 .5, ?8918. 1, 18931 . 6, and 18931.7 to, and to add
Chapter 4 .7 (commencinq with Section 18949 .52) to Part 2. 5 of
Division 13 of, the Health and Safety Code, relating to building
standards.
LEGISLATIVE COUNSEL`S DIGEST
SB 1973, as introduced, Calderon. Building standards: green
buildinqs.
(1) 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.
This bill would revise the definition of "building standard" in
existing law to include sustainable building standards and green
bu� lding standar.ds, as defined in the bill.
T'he bill would require each city, county, or city and county to
collect a fee from any applicant for a building permit, assessed at
the rate of $9 per $100, 000 in valuation, as determined by the local
building official, with appropriate fractions thereof, but not less
than $1 . The bill would authorize the city, county, or city and
county to retain not more than 10° of the fees collected for related
administrative costs and for code enforcement educatiori, inciuding
certificat�ons in the voluntar.y construction inspector certification
program. The b�;.i would require the city, county, or city and county
to tr.ansmit the remainder to the commission for deposit in the
Building Standards Administration Special Revolving Fund which the
bill would establish in the State Treasury. The bill would establish
a state-mandated local program by imposing additional duties on local
qovernment.
The bill would require that all funds received by Lhe commission
ur:der tt�e California Building Standards Law be deposited in the fund
and be available, upon appropriation, to the commission for
expend?ture in carrying out these provisions of existing law, witti
emphasis placed on ttie development, adoption, publication, and
educational efforts associated with green build.ing standards.
The bill would require the commission and state agencies to adopt,
and wouid provide for the adoption by local government of, green
building standards.
(2) The California Constitution requires the state to reimburse
local aqencies and school districts for certain costs mandated by the
state. Statutory prov.isions establish procedures for making that
reimbursement .
This bill would provide that no reimbursement is requi.red by this
act for a soecified reason.
Vote: major�ty. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
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SB 1473 Senate Bill - INTRODUCED Page 2 of 6
'PHE P�OPLE OF TIIE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 18909 of the Health and Safety Code is amended
to read:
18909. (a) "Building standard" means any rulc, regulation, order,
or other requirement, including any amendment or repeal of that
requirement, that specifically regulates, requires, or forbids the
method of use, properties, performance, or types of materials used in
the construction, alteration, improvement, repair, or rehabilitation
of a building, s�ructure, factory-built housing, or other
improvement to real property, including fixtures therein, and as
determined by the corunission.
(b) (1) Except as provided in subdivision
(d; , "building standard" includes architectural and design functions
of a building or structure, including, but not limited to, number and
location of doors, windows, and other openings, stress or loading
characteristics of materials, and methods of fabrication, clearances,
and other functions.
(2) Except as provided in subdivision (d) , "building standard"
includes sustait�able buildinq standards and green buildinq standards.
(c) "Building standard" includes a regulation or rule relating to
the implementation or enforcement of a building standard not
otherwise qoverned by statute, but does not include the adoption of
procedural ordinances by a city or other public agency relating to
ci.vil, administrative, or criminal procedures and remedies available
for enfor.cirg code v�.olations.
;d) "Bui]ding standard" does not include any safety regulations
that any state agency is authorized to adopt relating to the
operation of Riachinery and equipment used in manufacturing,
processing, or fabricatinq, inciuding, but not limited to,
warehousing and food processing operations, but not including safety
regulations relating to permanent appendages, accessories, apparatus,
appliances, and equipment attached to the building as a part
rhereof, as determined by �he commission.
(e) "Build�r.g standard" does not include temporary scaffoldings
and simi.lar temperary safety devices and procedures that are used ir.
the erection, demolition, moving, or alteration of buildings.
(f) "Buiidinq standard" does not include any regulation relating
to the internal management of a state agency.
(g) "I3uilding standard" does not include any regulation, rule,
order, or standard that pertains to mobilehomes, manufactured homes,
commercial coaches, special purpose commercial coaches, or
r.ecreational vehicles.
(h) "Building standard" does not include any regulation, rule, or
order or standard that pertains to a mobilehome park, as defined by
Section 18219, or speci.al occupancy park, as defined by Section
18862. 93, except that "building standard" includes the construction
of permanent buildings and plumbing, electrical, and fuel gas
equipment and installations within permanent buildings in a
mobilehome park or special occupancy park. For purposes of this
subdivision, "permanent building" means any permanent structure
constructea in the mobilehome park or special occupancy park that is
a permanent facility under the coritrol and owr.ership of the park
operator.
(i) "Buildinq standar.d" does not inc].ude any regulation, rule,
order, or standard that pertair�s to mausol.eums requlated under Part �
(commencir�g with Section 9501) of Division B .
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SB 1473 Senate Bill - INTRODUCED Page 3 of 6
(j ) "Building standard" does not include any regulatior� adopted Uy
the California lntegrated Waste Management Board, the Departmer.t of
Toxic Substances Control, the Occupational Safety and Health
Standards Board, or the State Water Resources Control Board
concerning the discharge of waste to land or the treatment, transfer,
storage, resource recovery, disposal, or recycling of the waste.
SEC. 2. Section 18914 . 4 is added to the Health and Safety Code, to
read:
18919 .4 . (a) "Green building" has the same meaning as
"sustainabie buildinq, " as that term is defined under Section
18918 . 1 .
{b) "Green building standard" includes, but is not limited to,
mandatory green building standards, voluntary green building
standards, qreen building best practices, and sustainable building
standards adopted or approved by the commissior. and enforced by the
state or by an entity of local government .
S�'C. 3. Section 18914 .5 is added to the Health and Safety Code, to
read:
18914 . 5. "Guideline" means an indication of policy or conduct.
SEC. 4 . Section 18918 . 1 is added to the Health and Safety Code, to
read:
18918 . 1. "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 desi.gn 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.
SEC. 5. Secti.on 18931 . 6 is added to the Health and Safety Code, to
read:
18931. 6. (a) Each city, courity, or city and county shall collect
a fee from any applicant for. a building permit, assessed at the rate
of four dollars ($9) per one hundred thousand dollars ($100, 000) in
valuation, as determined by the local building official, with
appropriate fractions thereof, but not less than one dollar ($1) .
(b) The city, county, or city and county may retain not more ttian
10 percent of the fees collected under this section for related
administrative costs and for code enforcement education, includinq,
b•at not lim�ted to, certifications in the voluntary construction
inspector certification program, and shall transmit the remainder to
Y_he co:�u�tission for deposit iri the Building Standards Admir.istration
Special Kevolving Fund established under Sectiori 19831 .7 .
(c) Upon an appropriation for this purpose from the F3uilding
Standards Administration Special Revolvina Fund, the commission shall
allocate not more than twenty-five thousand dollars ($25, 000)
annually from the fees collected under this section to each state
agency that adopts or proposes building standards, unless the
commission deter.mines that a greater amount is necessary for an
agency to rr�aintain the programs established under this part .
;d) Tne cornn:ission may reduce the rate of the fee upon determining
thaL a lesser amount is sufficierit to maintain the programs
established under this part.
SEC. 6. Section 18931 ."1 is added to the Health and Safety Code, to
read:
18931.7. (a} All funds received by the commission under this part
shall be deposited in the Building Standards Administration Special
Revolving Fund, which is hereby established in the State Treasury.
(b) Moneys deposited in the fund shall be available, upon
appropriation, to the commission for expenditure in carryinq out tne
provisioris of tnis part, with ertphasis placed on the development,
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SB 1473 Senate Bill - INTRODUCED Page 4 of 6
adoption, publication, and educational efforts associated with green
buildinq standards.
(c) Not later than January 1, 2010, the commission shall establish
procedures that permit the identification of revenues deposited in
the fund and expenditures paid out of the fund relating to the
mandates of this part.
SEC. 7. 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 �e-g�efr-�-&'3���r- 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 af.ter
publication estabiisned 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 thi.s
part, nor tne application of building standards contained in this
section, shall limit the author.ity of a city, county, or city and
county to establish more restrictive building standards reasonably
necessary because of local climati.c, qeological, or topographical
conditions. TY�e 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. A copy of those findings, with the
modified or changeci Ianguage clearly distinguished from the
surrounding text and correlated to the relevant finding, sha1L be
filed with ti�e commission. No modification or change sha11 becorne
effective or operative for any purpose until the fir�dir�q
and the modification or changc nave been filed with the cornmission.
Nothing in this section shall limit the authority of fire
protection districts pursuant to subdivision (a) of Section 13869.7 .
L,urther, nothing in this secti.on shall require findings required by
Section 17958.7 beyond those currently required for more restrictive
building standards related to housinq.
SEC. 8 . Chapter 9 . 7 (commencing with Section 18949 .52) is added to
Part 2. 5 of Division 13 of the Health and Safety Code, to read:
CHAPTER 4 .7. GREEN BUILDING STANDARDS
18995 .52. It is the intent of the Legislature in enacting this
chapter to recegnize that no one set of existing sustainable building
practices may encompass the state's unique economic and natural
resources-related environment. It is further the intent of the
Leyislature to ensure that the building standards adopted pursuant to
this chapter recognize California's leadership in environmental
sustainability practices by including appropriately rigorous measures
and methods, and to ensure that the costs do r.ot unreasonably or
unnecessarily impact the ability of Californi.ans to purchase or rent
affordable housiriq pased on the overall benefit derived, while
addressing the factors specified in subdivision (b) of Section
18994 . 56.
18944 . 54 . (a) A state agency shall not develop qreen buiiding
standar.ds unless it has the authority and program expertise to do so.
(b) Where no state agency has the authority or expertise to
propose building standards applicable to a particular occupancy, the
conunission shall adopt, approve, codify, and publish building
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SB 1473 Scnate Bill - INTRODUCED Page 5 of 6
standards for the design and construction of those occupancies.
;c) Not later than July 1, 2010, each state aqency shall submit to
the commission for review, approval, and publication, pursuant to
Section 18930, all existing green buildi.ng standards not previously
reviewed, approved, or adopted by the commission.
18999 .56. (a) On or before July 1, 2010, the Department of
Housing and Community Development shall develop an initial set of
green building standards for residential occupancies and submit them
to �he co:nmission for review, adoption, approval, and publication.
The department shali update its green building standards on a regular
basis in a process consistent with the annual code adoption cycle
prescribed under this part.
(b) The green building standards developed pursuant to this
section and subdivision (b) of Section 18944 .54 shall incl.ude, but
are be limited to, all of the fo].lowing:
(1) Energy efficiency, conservation, or renewable generation
measures.
(2) Water efficiency, conservation, and reuse measures.
(3) Materiais and resources efficiency, conservation, and reuse
measures.
(4) Indoor environmental quality measures, including indoor air
quality.
(5) Innovation and design process.
(c) To develop the green building standards pursuant to this
section, the department shall seek input from the fol.lowing state
entities:
(1) The California Env.ironmental Protection Agency.
(2) The California lntegrated Waste Management Board.
(3) The State Energy Resources Conservation and Development
Commission.
(4) The State Air Resources Board.
(5) The Department of Water Resources.
(6) The Department of General Services.
(7; The commi.ssion.
(8) The Of.fice of the State Fire Marshal.
(d) The department and each state entity specified in subdivision
(c) shall also consu].t with representatives from each of the
fo.11owing:
(1) The building design and construction industry.
(2) Recognized environmental and housing consumer advocacy groups.
(3) lnterested local governmerit entities.
(4) Interested public parties.
(e) The department and the commission shall er�sure that the costs
asscciated with the greer� buildinq standards do not unreasonably or
unnecessarily impact the ability of Californians to purchase or rent
affordable housing based on the overall benefit derived, while
addressing the subject areas specified in subdivision (b) .
(f) To the extent feasible, as allowed by existing resources, the
department and the commission may develop educational and technical
assistance programs to inform local entities of the benefits of qreen
buildinqs, and encourage the use of green buildinq practices for
residential occupancies.
(g) Cn or before July 1, 201�, the commission shall publish
approved qreen building standards in accordance with Section 18930
and, to the extent practical, shall schedule that publication to
coincide with the publication of the California Buildinq Standards
Code.
(h) On or before ,7uly 1, 2011, the commission shall develop,
adopt, and publish green building standards for the design and
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SB 1473 Senate Bill - INTRODUCED Page 6 of 6
cor.structio:� of occupancies for which no state agency has the
authority to propose or adopt green buildinq standards in accordance
with Section 18930 and, to the extent practical, shall schedule that
publication to coincide with the publication of the California
Building Standards Code.
{i) The commission may include, in an appendix or as a separate
green building document, or in a combination thereof, voluntary
buildinq standards or other related documents and materials not
appropriate as a mandate in the body of Title 29 of the California
Code of Regulations.
18949 .58 . On or before January 1, 2013, the building standards
adopted by the commission under this chapter sha11 ensure that a home
or cornmercial building that meets the requirements of Title 29 of
the California Code of Regulations is a green building.
18944 . 60. Each state agency that adopts or proposes gr.een
building standards shall pay annually to the commission a
proportionate share of the cost of the review and publication of
green building standards, in an amount that shall be determined by
the commission.
18949 . 62. Amendments, additions, and deletions to the green
building standards adopted by a city, county, or city and county
under Section 17958.7 or 18941. 5, toqether with a11 applicable
portions of the green building standards document, stiall meet the
requireMents imposed under Section 18991 .5.
SEC. 9. Nc reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because a
�ocal agency or school district has the authority to levy service
charges, fees, or assessments sufficient to pay for the program or
Ievel of servi.ce mandated by this act, within the meaninq of Section
17556 of the Government Code.
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