Analysis: 2007 California Vetoes
In October of 2007 California Governor Arnold Schwarzenegger vetoed a package of three measures, Assembly Bills 35, 888 and 1058, which would have required state-owned, commercial and residential buildings to adopt Green practices in design and construction. AB 35 dealt with construction or renovation of State buildings; AB 888 with non-residential commercial buildings, and AB 1058 with residential buildings.
The bills were passed by the California legislature earlier in the year. The importance of these bills goes beyond their immediate success or failure as legislation. Significant points:
1. These bills represent the strength of intent among legislators and the public for the adoption of Green building standards.
2. The bills show that the standards for Green construction have been well established and are accepted to the same degree as public construction codes.
3. The specific language of two of the bills makes reference to USGB’s LEED standards: AB 888 would have required CAL EPA to adopt standards which would meet the USGBC’s Gold rating for commercial buildings of 50,000 square feet or more; AB 35 called for adoption of the USGB’s Silver rating for construction for any building leased or owned by the state.
Texts of Legislation:
Assembly Bill 888: http://info.sen.ca.gov/pub/07-08/bill/asm/ab_0851-0900/ab_888_bill_20070411_amended_asm_v97.pdf
Assembly Bill 35: http://info.sen.ca.gov/pub/07-08/bill/asm/ab_0001-0050/ab_35_bill_20070601_amended_asm_v97.pdf
Assembly Bill 1058: http://info.sen.ca.gov/pub/07-08/bill/asm/ab_1051-1100/ab_1058_bill_20070907_amended_sen_v94.pdf
Schwarzenegger’s veto message noted that the measures would be costly and would unnecessarily write building standards into law instead of leaving the task to the California Building Standards Commission; the Governor also noted that the bills did not take into account the State’s earthquake and fire risks. The Governor’s veto is consistent with his previous veto of AB 1337 (the ‘Green Building Act of 2006’); that bill would have required the Integrated Waste Management Board to adopt Green standards for state buildings; this earlier veto statement also mentioned the Governor’s preference for the Building Standards Commission process.
The veto of these measures is less significant than their success in the legislature and especially, the consistent use of LEED building standards in AB 888 and 35 as a basis for determining Green qualifications.
What this means in the long run:
More than likely a return to the legislature of similar legislation, most likely with the LEED standards maintained, unless similar language or references can be drawn up and passed through the Building Standards Commission’s mechanism, a thing the governor requires as the price of his signature. For a formal statement of the administration’s position on this matter, see the Memorandum of David Walls, at http://www.bsc.ca.gov/documents/Green%20Build.%20Web%20Info.pdf
Michael McGrorty
