Currrent as of February 4, 2022
Senate Bill No. 32
Introduced by Senator Cortese
An act to add Section 65302.0.5 to the Government Code, relating to energy.
LEGISLATIVE COUNSEL’S DIGEST
SB 32, as amended, Cortese. Energy: general plan: building decarbonization requirements.
The Planning and Zoning Law requires a city or county to adopt a comprehensive general plan that addresses a number of elements. Existing law requires, among other things, the city’s or county’s planning agency to investigate and make recommendations to the legislative body regarding reasonable and practical means for implementing the general plan or element of the general plan.
Existing law requires the State Energy Resources Conservation and Development Commission to assess, by January 1, 2021, the potential for the state to reduce the emissions of greenhouse gases from the state’s residential and commercial building stock by at least 40 percent below 1990 levels by January 1, 2030.
This bill would require a city or county to make, commencing January 1, 2023, a one-time amendment to the appropriate elements of its general plan, climate action or greenhouse gas emissions reduction plan, or building or other codes, as described, to include goals, policies, objectives, targets, and feasible implementation strategies, as specified, to decarbonize newly constructed, as defined, commercial and residential buildings. The bill would require a city or county to submit these draft amendments to the commission at least 45 days prior to the adoption of the amendments. The bill would require the legislative body of the city or county to consider the commission’s advisory comments, if any, prior to adopting the amendments.
The bill would include findings that changes proposed by this bill address a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities, including charter cities.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
Vote: majority Appropriation: no Fiscal Committee: yes Local Program: yes
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
Section 65302.0.5 is added to the Government Code, to read:
(a) The Legislature finds and declares all of the following:
(1) California has adopted aggressive greenhouse gas emission reduction targets, including returning to 1990 levels by 2020, 40 percent below 1990 by 2030, and carbon neutrality by 2045. The achievement of these targets require emissions reductions across all sectors of the economy at the state and local levels.
(2) Every three years, cities and counties across the state adopt the new building energy efficiency standards for all buildings, or Title 24 of the California Code of Regulations. These standards are updated by the State Energy Resources Conservation and Development Commission. The commission is currently preparing its 2022 update of Title 24 of the California Code of Regulations. These standards will be adopted in 2021 by the commission with an effective date of January 1, 2023.
(3) According to the State Air Resources Board, California building energy use is responsible for roughly 25 percent of statewide greenhouse gas emissions.
(b) Commencing January 1, 2023, the legislative body of each city or county shall make a one-time amendment of the appropriate elements of any of the following, during the specified timeline, to include goals, policies, objectives, targets, and feasible implementation strategies to decarbonize newly constructed commercial and residential buildings:
(1) Its general plan, during the next cycle of updates to the plan.
(2) If it has adopted, by January 1, 2023, a climate action or greenhouse gas emissions reductions plan, as described in Section 15183.5 of Title 14 of the Code of California Regulations, as that section read on January 1, 2021, then its climate action or greenhouse gas emissions reductions plan during the next update to the plan.
(3) Its building code or other codes updated for purposes of adopting state building standards code updates, during the next cycle of updates to the plans.
(c) The adoption of building decarbonization amendments, as described in subdivision (b), shall include all of the following:
(1) A report describing greenhouse gas emissions data for existing commercial and residential buildings, including significant sources of the emissions.
(2) A summary of local, state, and federal policies, programs, and regulations that may assist in the decarbonization of existing and newly constructed commercial and residential buildings.
(3) A comprehensive set of goals, policies, and objectives that may assist in decarbonizing newly constructed commercial and residential buildings in the city or county. This shall promote compliance with, and include a consideration of the commission’s assessment of greenhouse gas reduction potential in residential and commercial buildings pursuant to, Section 25403 of the Public Resources Code and Parts 6 and 11 of Title 24 of the California Code of Regulations. This shall also include the following targets for the decarbonization of newly constructed commercial or residential buildings:
(A) Greenhouse gas reduction consistent with the state’s target of 40 percent below 1990 levels by 2030.
(B) Carbon neutrality by 2045.
(4) A set of feasible implementation measures designed to carry out those goals, policies, and objectives.
(d) At least 45 days prior to the adoption of building decarbonization amendments pursuant to this section, each city and county shall send a copy of its draft amendments to the commission. The commission may review the draft amendments to determine whether the amendments will lead to building decarbonization. Within 30 days of receiving the draft amendments, the commission may send any comments and advice to the city or county. The legislative body of the city or county shall consider the commission’s comment and advice prior to the final adoption of building decarbonization amendments. If the commission’s comments and advice are not available by the time scheduled for the final adoption of the building decarbonization amendments, the legislative body of the city or county may adopt the amendments without consideration of the commission’s comments. The commission’s comments shall be advisory to the city or county.
(e) For purposes of this section, both of the following definitions shall apply:
(1) “Commission” means the State Energy Resources Conservation and Development Commission.
(2) “Newly constructed” means constructed following the city or county’s adoption of the building decarbonization amendments.
(f) Notwithstanding Section 65803, the requirements of this section shall also apply to charter cities.
The Legislature finds and declares that Section 1 of this act adding Section 65302.0.5 to the Government Code address a matter of statewide concern rather than a municipal affair as that term is used in Section 5 of Article XI of the California Constitution. Therefore, Section 1 of this act applies to all cities, including charter cities.
No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because a local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act, within the meaning of Section 17556 of the Government Code.