Bill Text: CA AB433 | 2009-2010 | Regular Session | Amended
Bill Title: Building standards: newly constructed buildings:
Sponsorship: Partisan Bill (Democrat 1)
Status: (Introduced - Dead) 2010-02-02 - From committee: Filed with the Chief Clerk pursuant to Joint Rule 56. [AB433 Detail]
Download: California-2009-AB433-Amended.html
BILL NUMBER: AB 433 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 13, 2009
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 amended, Ammiano. Building standards: newly constructed
buildings: ventilation 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 bill would require the commission to adopt or approve a
building standard that requires newly constructed buildings
containing 10 or more dwelling units located within a potential
roadway exposure zone, as defined, and having a specified particular
concentration at the proposed building site greater than a specified
amount attributable to specified traffic sources to have ventilation
systems designed and constructed to remove greater than 80% of
ambient specified particular matter from habitable areas of those
units. The bill would require the commission to create and update a
potential roadway exposure zone map and would subject projects
meeting the building standard to an air quality assessment. The bill
would require the project developer to submit a report to the
commission that contains specified air quality information.
The bill would require, on or before July 1, 2012, the Department
of Housing and Community Development to propose building standards to
the California Building Standards Commission that create a standard
for ventilation systems for newly constructed buildings located
within 500 feet of freeways and roadways, as specified.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local 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
18934.10. The Legislature finds and declares all of the
following:
(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 infill
sites, near freeways or busy arterial roadways, potentially
increasing these residents' exposure to air pollutants and their
associated health risks.
18934.11.
18934.10. For purposes of this chapter, the following
definitions have the following 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 of their 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 (ug/m3) 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 of dwelling units.
18934.13. (a) The commission 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 following:
(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.
(b) The commission shall post the potential roadway exposure zone
map on the commission's Internet Web site and make copies of the 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
establishment of zone 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 of PM 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 following
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 of the 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 of the building
project with written notification that the project has complied with
the requirements of this chapter.
18934.15. (a) If the air quality report specified in Section
189934.14 indicates that the concentration level of PM 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 of the
following:
(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 (ug/m3),
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 of removing 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 of the
file maintained by the commission and be available to the public upon
request.
18934.11. On or before July 1, 2012, the Department of Housing
and Community Development shall propose building standards to the
California Building Standards Commission that create a standard for
ventilation systems for newly constructed buildings located within
500 feet of freeways and roadways where the annual average PM 2.5
concentration is greater than 12 micrograms per cubic meter (ug/m3).
In developing the proposed standards, the department should consult
with the State Air Resources Board and the State Energy Resources
Conservation and Development Commission (Energy Commission).
