2009 Legislative and Administrative Update
By Bob Raymer
Technical Director/Senior Advocate
Legislative Actions
Governor Signs CBIA-Sponsored Green Building Measure
AB 210, the industry-sponsored measure that clarifies existing statute regarding local amendments to the state’s green building code, has been signed by Gov. Schwarzenegger. Authored by Assemblywoman Mary Hayashi, D-Castro Valley, AB 210 makes it clear that when a local jurisdiction adopts amendments to the California Green Building Standards Code, they must do so under the same administrative rules required of any other local modification to the state codes (i.e. fire-safety, structural, seismic, etc.).
Simply put, the local jurisdiction has to develop and adopt the local green building ordinance in an open and public process, and they must make a finding that the ordinance is necessary due to local climatic, geologic or topographic conditions. The local jurisdiction cannot implement its ordinance until a copy of the ordinance and the finding has been filed with the California Building Standards Commission.
The League of California Cities, California Building Officials and seven labor groups joined an industry coalition supporting this measure.
Zero-Net Energy Mandate Held in Assembly Fiscal Committee
AB 212, the latest effort to require all new homes to produce most of their annual electricity needs from “on-site sources,” ran aground in the Assembly Appropriations Committee earlier this year. The Assembly Appropriations Committee was looking at the “cost to the state” of more than 500 measures, and the $390,000 cost needed for the CEC to produce the new regulations associated with AB 212 was apparently enough to get the bill held in committee, effectively killing the measure for the 2009 legislative year.
Several sources estimate that passage of this bill, authored by Assemblywoman Lori Saldana, D-San Diego, would have increased the cost of a new home by at least $50,000. Given the level of interest in this issue, we are sure to see another effort to mandate residential net-zero energy in the 2010 legislative cycle.
State Agency Actions
Setback Rule: Industry-Sponsored Change Moving Toward Adoption
The Building Standards Commission’s Advisory Committee that reviews amendments to the building and fire codes gave a big thumbs up to a CBIA-sponsored change dealing with setback requirements. Earlier this year, the Department of Housing and Community Development and the Office of the State Fire Marshal agreed to move forward with a CBIA-sponsored code-change that would reduce the required minimum distance from the side of the house to the property line.
Under the current 2007 California Building Code, a minimum distance of five feet is required between the side of the house and the adjacent property line. CBIA is requesting that the minimum setback distance be reduced to three feet in light of the national mandate for sprinklers that is set to take effect in January 2011. This has the clear potential for increasing the number of buildable lots within a given project.
This amendment to the state code will now go before the full BSC for adoption in January.
Standards Commission Approves Residential Gray Water Standard
The Building Standards Commission has adopted gray water “reuse” plumbing standards developed by the Department of Housing and Community Development. This adoption was strongly supported by CBIA and sets forth minimum state plumbing standards for residential water conservation systems which facilitate the reuse of water used in laundry, shower, lavatory and similar indoor sources by transferring that water to (primarily) outdoor landscape irrigation uses.
This is not to be confused with a “recycled water” system which transfers “used water” from a residential site to a central recycling and purification center for secondary “reuse” within the jurisdiction (water for parks, fire hydrants, etc). This new HCD standard does not mandate the use of gray water systems; it merely sets forth minimum plumbing standards to be used when a builder or jurisdiction chooses to install such a system.
For a complete copy of the 15-page standards, go to the Code Corner at cbia.org.
Bob Raymer can be reached at braymer@cbia.org.
