Starting Jan. 1, 2011, a new paradigm will apply to construction in California. Efforts to fight climate change and protect the environment led the
California Building Standards Commission to adopt a law that creates a new model for sustainability, called the California Green Building Standards Code, or
CALGreen.
Unlike
LEED, which has elective subcategories and point evaluations for award qualification, CALGreen mandates building practices that decrease waste, reduce energy use and conserve water. While local municipalities retain the discretion to implement stricter regulations, CALGreen sets the minimum thresholds. The failure to build in accordance with CALGreen could lead a local overseeing entity to withhold a building permit.
CALGreen applies to the planning, design, operation, construction, use and occupancy of nearly every newly constructed building in the state—from government-owned offices to low-rise residential complexes and schools. It also governs all aspects of construction, including mechanical, electrical and plumbing systems.
Starting Jan. 1, for example, 50 percent of all construction waste must be diverted from landfills, and low pollutant-emitting materials must be used in building construction.
The following practices also are mandated by CALGreen:
- 20 percent reduction in indoor water use, with voluntary reduction categories of up to 40 percent for commercial projects, and separate water meters for nonresidential buildings’ indoor and outdoor water use;
- moisture-sensing irrigation systems for larger landscape projects;
- salvage/recycling of 50 percent of construction waste, with voluntary reduction categories of up to 80 percent for commercial projects;
- inspections of HVAC systems for nonresidential buildings exceeding 10,000 square feet to ensure maximum energy efficiency; and
- use of low pollutant-emitting interior finish products such as paints and carpeting.
Key Legal Issues
CALGreen subdivides uses while charging separate governmental entities with oversight and implementation. For example, Section 101.11 of CALGreen provides that the effective use of the code begins with establishing the type of occupancy. Thereafter, an owner or contractor must verify which state agency has authority over the established occupancy. This guidance can be found in Sections 103 through 106 of CALGreen.
In addition, CALGreen is document intensive. For example, the new code provides a template for a comprehensive construction waste management plan, with an attached worksheet for detailing plans for the disposal of at least 19 different types of construction and demolition debris. Each subcontractor involved also must sign a mandatory acknowledgment form.
A Bellwether for Other States?
CALGreen represents one state’s efforts to set minimum building standards to help protect the environment. The question for companies that perform work outside of California is whether similar statutory schemes are on the horizon in other states. While no other states have implemented a comprehensive code like CALGreen, other initiatives are gaining traction.
Recently, four building organizations—the
International Code Council (ICC), the
American Society of Heating, Refrigerating and Air Conditioning Engineers, the
U.S. Green Building Council and the
Illuminating Engineering Society of North America—released the
International Green Construction Code (IGCC).
The IGCC is an elective set of rules that provides the building industry with language to broaden and strengthen building codes in a way that will accelerate the construction of green buildings. The ICC plans to hold public hearings on the IGCC in August. The second version of the code is expected to be launched in November, and it will stand until the 2012 code updates are released.