HomeMy WebLinkAboutAB 433 - Newly Constructed Bldgs Ventilation SystmsCITYOFPALM DESERT
COMMUNITY SERVICES DEPARTMENT
STAFF REPORT
REQUEST: CONSIDERATION OF LEGISLATIVE REVIEW COMMITTEE ACTION
ON AB 433 (AMMIANO) AT ITS MEETING OF MARCH 24,2009.
DATE: April 9, 2009
CONTENTS: AB 433 Language
RECOMMENDATION:
By Minute Motion, concur with the action taken by the Legislative Review Committee at its
meeting of March 24, 2009, and direct staif to direct a Ietter of support for the Mayor's signature
with regard to AB 433 (Ammiano) relative to newly constructed buildings ventilation systems.
BACKGROUND:
The California Building Standard Laws provides for the promulgation of building standards by
requiring adoption or proposed adoption of building standards. If passed, AB 433 would require
the California Building Standards Commission to approve a building standard that requires
newly constructed buildings containing 10 or more dwellings Iocated within a potential roadway
exposure zone and having specified particulate concentration greater than a specified amount
attributable to specified trafflc sources to have ventilation systems designed and constructed to
remove greater than 80% of ambient specified particular matter from the habitable areas of the
units. Authorizing the Commission to adopt and/or approve building standards with respect to
ventilation requirements has the potential to enable residents of such dwellings to breathe
cleaner air.
Therefore, the Legislative Review Committee recommends that the City Council approve AB 433
and direct staif to prepare a Ietter stating that position to appropriate Jegislators and committees
for the Mayor's signature.
PATRICIA SCIJLtY,'CFE
SENIOR MANAGEMENT ANALYST
HEILAR.GIL IGA
ACM/COMMUNITY SERV
N M. WOHLMUTH
CITY MANAGER
PAUL GIBSON
DIRECTOR OF FINANCE/CITY TREASURER
CITY COUNC1LACTON
APPROVIj) / .t)EN!FI)
RECEJVEJ)
MEETIN(; DATE
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NOES: /)()I1c;
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VERJFOEDBY.
Original ou File with City CJerI's Office
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In bill text the foliowing has special meaning
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2009 CA A 433
AUTHOR: Ammiano
VERSION: Introduced
VERSION DATE: 02/24/2009
ASSEMBLY BILL No. 433
INTRODUCED BY Assembly Member Ammiano
FEBRUARY 24, 2009
An act to add Chapter 3.1 (commencing with Section 18934.10) to Part 2.5 of Division 13 of the
Health and Safety Code, relating to building standards.
LEGISLATIVE COUNSEL'S DIGEST
AB 433, as introduced, Ammiano. Building standards: newly constructed buildings: venti!ation
systems.
The California Building Standards Law provides for the promulgation 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 bit! would require the commission to adopt or approve a bui!ding standard that requires new!y
constructed bui!dings containing 10 or more dwe!!ing units !ocated within a potentia! roadway exposure
zone, as defined, and having a specified particular concentration at the proposed building site greater
than a specified amount attributab!e to specified traffic sources to have venti!ation systems designed and
constructed to remove greater than 80% of ambient specified particu!ar matter from habitable areas of
those units. The bit! wou!d require the commission to create and update a potential roadway exposure
zone map and wou!d subject projects meeting the building standard to an air quality assessment. The bit!
wou!d require the project developer to submit a report to the commission that contains specified air
quality information.
Vote: majority. Appropriation: no. Fisca! committee: yes. State -mandated !oca! program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Chapter 3.1 (commencing with Section 18934.10) is added to Part 2.5 of Division 13 of
the Health and Safety Code, to read:
CHAPTER 3.1. VENTILATION SYSTEMS
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18934.10. The Legislature finds and declares all of the foliowing:
(a) Motor vehicles are a major source of air pollution in the United States, particularly in urban areas.
(b) Pollution from motor vehicles imposes severe health burdens on children and families living near
freeways and busy roadways. Health research has consistently shown that persons living in close
proximity to freeways or busy roadways have poor lung functions and are more susceptible to asthma
and other respiratory problems, compared with persons living at a greater distance.
(c) To avoid the health problems associated with exposure to roadway pollution, the State Air
Resources Board recommends avoiding the placement of residential and other sensitive uses within 500
feet of busy freeways and other busy roadways. However, significant residential development in the
state is occurring in urban infihl sites, near freeways or busy arterial roadways, potentially increasing
these residents' exposure to air pollutants and their associated health risks.
18934.11. For purposes of this chapter, the foliowing definitions have the foliowing meanings:
(a) "Building" means a new residential structure containing 10 or more dwelling units.
(b) "Local roadway traffic sources" means traffic generated on roadways within 500 feet from a
building site.
(c) "PM 2.5" means solid particles and liquid droplets found in the air, that are less than 2.5
micrometers in diameter.
(d) "Potential roadway exposure zone" means those areas which, by virtue oftheir proximity to
freeways and major roadways, may exhibit a high PM 2.5 concentration attributable to local roadway
traffic sources.
(e) "Potential roadway exposure zone map" means a map, prepared and periodically updated by the
commission, and available to the public in the commission's Internet Web site, depicting potential
roadway exposure zones.
18934.12. The commission shall adopt or approve a building standard that requires newly constructed
buildings containing 10 or more dwelling units located within a potential roadway exposure zone and
having a PM 2.5 concentration at the proposed building site greater then 0.2 micrograms per cubic meter
(uglm3) attributable to local roadway traffic sources to have ventilation systems designed and
constructed to remove greater than 80 percent of ambient PM 2.5 from habitable areas ofdwelling units.
18934.13. (a) The conimission shall create a potential roadway exposure zone map, depicting the
potential roadway exposure zones in this state and periodically update the zone map to account for
changes in zones, including, but not limited to all of the foliowing:
(1) Construction of new roadways in residential areas.
(2) Changes in traffic patterns in state roadway systems.
(3) Specific scientific data showing that certain areas should be included in the zone map.
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(b) The commission shall post the potential roadway exposure zone map on the commission's Internet
Web site and make copies ofthe map available to the public, upon request.
(c) In creating and updating the zone map, the commission shall make specific findings explaining the
rationale behind the establisbment ofzone map boundaries.
18934.14. (a) Projects that meet the building standard required pursuant to Section 18934.12 shall be
subject to an air quality assessment to evaluate the concentration ofPM 2.5 from local roadway traffic
sources at the building site. Upon completion of the air quality assessment, the project developer shall
submit to the commission an air quality report containing all of the foliowing information:
(1) The names, addresses, and professional expertise of the persons who conducted the air quality
assessments.
(2) An explanation of the methodology used in the assessment.
(3) The results ofthe assessment.
(b) If the air quality report specified in subdivision (a) indicates that the concentration level of PM 2.5
from local roadway traffic sources at the site is less than 0.2 micrograms per cubic meter (ug/m3), the
commission shall provide sponsors ofthe building project with written notification that the project has
complied with the requirements of this chapter.
18934.15. (a) Ifthe air quality report specified in Section 189934.14 indicates that the concentration
level ofPM 2.5 from local roadway traffic sources at the site is greater than 0.2 micrograms per cubic
meter (ug/m3), a building project shall do both ofthe foliowing:
(1) Design or relocate the building site in a way that avoids residential exposure to PM 2.5
concentration from Local Roadway Traffic Sources greater than 0.2 micrograms per cubic meter
(uglm3), as demonstrated by the air quality report.
(2) Submit to the commission a ventilation proposal, prepared by a licensed design professional, to
install a ventilation system that meets the building standard required pursuant to Section 18934.12. The
proposal shall include a statement signed by the licensed design professional certifying that in his or her
judgment, the ventilation system proposal is capable ofremoving greater than 80 percent of ambient PM
2.5 from habitable areas of dwelling units.
(b) The ventilation system required by Section 18934.12 shall be properly maintained. Building
project sponsors shall preserve documentation of system installation and maintenance for five years.
18934.16. The air quality report, ventilation proposal, certification, and other related documents shall
become part ofthe file maintained by the commission and be available to the public upon request.
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